Our firm offers reduction cost services for Due Process hearings in education cases. Currently, we offer a 25% discount off the attorney's hourly rate.
The Rights of Children with Disabilities:
Children with disabilities in California have the right to a free appropriate public education (FAPE), tailored to their unique needs. This education can be provided in a general or separate classroom, at home, in a hospital, or other settings. Special education, related services like transportation and therapy, and accommodations to help students access their education are all part of an appropriate education.
Eligibility for Special Education:
School districts assess students to determine if they are eligible for special education. Various individuals, including parents, teachers, and healthcare providers, can request an assessment, which must receive parental consent. The assessment must be comprehensive, unbiased, and account for students with language or communication challenges. The district must assess all areas of suspected disability using multiple evaluation methods. If a student is found eligible for special education, periodic reassessments are required. If parents disagree with the district's assessment, they can request an independent educational evaluation (IEE).
The Individualized Education Program (IEP):
When a student is eligible for special education, an IEP is developed by a team that includes parents, special education and general education teachers, and other relevant professionals. The IEP outlines the student's current performance levels, goals, related services, placement, accommodations, and more. Parents' participation in IEP meetings is essential, and the district must make efforts to ensure their attendance. The IEP must be provided in the parents' native language if they don't read English and must be reasonably calculated to allow the child to make progress.
Due Process and Special Education:
In cases of disagreement between parents and the district regarding special education, due process procedures can be initiated. These procedures involve a formal due process hearing conducted by an impartial judge. Disputes can concern matters such as the need for special education, assessment results, IEE funding, FAPE, related services, and placement. The key principles of due process procedures include providing notice, attempting to resolve issues informally, ensuring an opportunity for a fair hearing, and receiving a fair decision from an impartial judge. In California, the Office of Administrative Hearings (OAH) oversees due process services and employs judges who specialize in special education law.
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