Frequently Asked Questions

Special education means specially designed instruction, at no cost to the parent or guardian, to meet the unique needs of a child with disabilities. This instruction can include classroom instruction, home instruction, instruction in hospitals and institutions, instruction in other settings, and instruction in physical education. Special education also includes speech-language pathology or any other related service if the service is considered special education under state standard, travel training, and vocational education. California law adds to the federal definition of special education by requiring that special education be provided to those students with disabilities whose educational needs cannot be met with modification of the regular instructional program. [20 U.S.C. Sec. 1401(29); 34 C.F.R. Sec. 300.39; Cal. Ed. Code Sec. 56031.]

Educational facilities commonly use a document known as a 504 Plan to identify a child’s disability, report the results of evaluations, determine the aids and services the child requires, and decide on the placement in which they will be educated.

An IEP is a written statement that describes your child’s present levels of performance, learning goals, school placement, and services. In order to obtain an IEP, your child must first be evaluated. [34 Code of Federal Regulations (C.F.R.) Sec. 300.320.]  

When the educational facility appears to have violated a part of special education law or procedure, a parent, individual, public district or organization can file a complaint with the California State Department of Education (CDE).

The CDE investigates the allegations and makes a written determination of whether the district was “out of compliance” with law or with the student’s IEP.

If a school district is found “out of compliance,” the school district should be ordered to come back into compliance.

In addition, the CDE may order the district to submit a “corrective action plan” — a document describing the steps the district has taken, or will take, to assure that the problem does not occur again, as well as the timelines for taking those steps. CDE must approve or modify the plan.

If families of a student with disabilities and the school district disagree about the student’s eligibility, placement, program needs, or related services, either the family or the school district can request a due process hearing.

An Administrative Law Judge (ALJ) presides over the hearing where both sides have an opportunity to present evidence by submitting reports and/or evaluations and calling witnesses.