A plain-language guide to the rights every California parent has when their child is evaluated for, or receives, special education.
These rights come from federal law (IDEA) and the California Education Code.
Before the district starts, changes, or refuses to change your child's evaluation, eligibility, placement, or services, it must tell you in writing and explain why.
The district needs your written consent before your child's first evaluation and before special education services start. You can say no, and you can take back your consent later.
After a referral, the district has 15 days to give you an assessment plan. You get at least 15 days to review it. Once you sign, the IEP meeting must be held within 60 days, not counting school breaks longer than 5 school days.
You are an equal member of the IEP team. You can bring anyone you want, and you can audio-record the meeting if you tell the district at least 24 hours ahead.
You can look at and get copies of your child's school records. The district must provide them within 5 business days of your request.
If you need one, the district must provide an interpreter at meetings and give you notices in your language.
If you disagree with the school's evaluation, you can ask for an Independent Educational Evaluation (IEE) at public expense.
If you disagree and file for a hearing, your child usually stays in their current placement until the disagreement is settled.
Your child's IEP must be reviewed at least once a year, and your child must be reevaluated at least every 3 years, or sooner if you ask.
Before a school removes your child for more than 10 school days, the team must meet to decide whether the behavior was caused by the disability.
Special education and related services, like speech, counseling, or an aide, must be provided at no cost to you.
By age 16, your child's IEP must include goals and services to prepare for work, college, or independent living.
This page is general information, not legal advice. For help with your child's situation, call Dr. Valentine.
Dr. Valentine can help you understand your options and prepare for your next IEP meeting.