Federal Appeals - Special Education
We can help you with appeals and guide you through the process.
In a situation where you lose all or some of your legal issues in the California Office of Administrative Hearings (OAH), you are able to appeal the OAH decision in federal court. The appeal is filed within the United States District Court, which varies depending on which district you are aligned with. California has 4 districts: Northern District, Central District, Eastern District, and Southern District. If you are located in San Diego, the federal appeal will be filed with the Southern District.
In some cases, the opposing party (the one who did not file the appeal) can file a counterclaim in which they may seek reversal for any aspect of the OAH hearing that they do not agree with.
If you have any questions pertaining to this information, please don’t hesitate to contact us!
Access the IEP Pocketbook
Our IEP Pocketbook is a convenient resource for quickly accessing information to advocate for your child’s rights effectively. While we aim to empower you as a strong advocate for your child, it’s important to remember that asking for help is okay. We work with some of the best and most experienced special education advocates to ensure your child receives the education they deserve.
Areas of Practice
Our mission is to help families like yours navigate the educational system and obtain the services and support your child needs to thrive. Our team of expert attorneys can advocate for your child’s rights and help you resolve any conflicts with your school district.
Special Education
We focus solely on educational law in Southern California, offering legal assistance to families and children of all abilities. We’re here to help parents understand Individualized Education Programs (IEPs) and ensure that every child gets the education they deserve.
Special Education Eligibility
In 1975, Congress passed the Individuals with Disabilities Education Act (IDEA) to ensure that all children with disabilities have access to a free, specialized education tailored to their individual needs. To qualify, a child must be "adversely affected" by one of the 13 disabilities listed under IDEA. If a child is suspected of having a disability, their school or parents may request an evaluation.
Individualized Education Program
Knowing whether your student needs an individual education plan (IEP) or 504 Plan is a critical step in your special education student’s academic endeavors and may provide your student with a better framework for success in the classroom.
Federal Appeals
In a situation where you lose all or some of your legal issues in the California Office of Administrative Hearings (OAH), you are able to appeal the OAH decision in federal court. The appeal is filed within the United States District Court, which varies depending on which district you are aligned with.
504 Accommodations
A federal law that intercepts discrimination against children with special needs in the learning environment, whether on public, private, or charter school grounds. Under this arrangement, any education space that has access to federal funding MUST make the appropriate accommodations to secure the notion that all students with disabilities are provided a free public education.
Due Process
Parents and teachers can resolve issues surrounding a child’s education in a perfect world. However, in some cases, issues concerning special education may leave parents with no option other than to take a more official route — this is where due process comes in.