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education law Archives

What rights does the IDEA give parents?

The Individuals with Disabilities Education Act, or IDEA, guarantees each child a free and appropriate public education that prepares them for employment, further education and independent living. This is guaranteed for children with disabilities between the ages of three and 21. It includes the right to an individualized education plan (IEP).

GASLIGHTING: AN IEP DILEMMA FOR MANY PARENTS OF CHILDREN WITH DISABILITIES

According to Wikipedia, "gaslighting" refers to when a person or group attempts to sow seeds of doubt in an individual through denial, misdirection, contradiction, or misinformation. This office regularly fields calls from well-meaning parents all over California who have been "gaslighted" by a school district.

Federal appeals court: American students have a right to literacy

Does the U.S. Constitution guarantee the right to a basic level of education? The document doesn't directly say so, but the Sixth Circuit Court of Appeals has recently ruled that it does guarantee the right to basic literacy. This is because literacy is fundamental to exercising the rights that are directly mentioned in the Constitution, such as the right to vote.

An update: IEPs and Section 504 changes affecting services

The Leigh Law Group has been and continues to track the almost daily changes to the laws protecting disabled children, special-education students, Regional Center consumers, and IHSS recipients. While the below is guidance and not intended as legal advice, it should hopefully help the families of individuals with IEPs and Section 504 plans to understand the changes affecting services. We will be addressing Regional Center and IHSS services separately.

IEEs vs. Private Assessments

Your child has an IEP. The school district just conducted her triennial psychoeducational evaluation. You disagree with the report and believe that the assessor made mistakes in testing your daughter. As usual, the school district won't budge. Now what? 

Section 504 Plans Are Lousy For Bright Kids With Behavioral Issues

Your son has Autism. Or ADHD. Maybe both. His school district gives him a 504 Plan -- not an IEP -- because his grades are generally not terrible. Yet, his ongoing behavioral and social-emotional challenges cause him to be suspended and disciplined nearly constantly. The District still will not provide him -- or even assess him for -- an IEP. What do you do?

Residential Treatment

Your son has an IEP. He has severe behavioral challenges and physically aggresses towards peers and school staff, including bringing weapons to school. He is consistently unable to meet his IEP goals. Nothing is working and you fear for his safety. When should you consider residential placement?

Records Challenges

Your son is a special-education student. The school district just issued a Prior Written Notice containing verifiably untrue statements and personal attacks on you and your advocate. What do you do?

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