Leaders in Education, Civil, and Disability Rights

Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assistance. To be protected under Section 504, a student must be determined to: (1) have a physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such an impairment; or (3) be regarded as having such an impairment. Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.

Let's face it there are some special education administrators emboldened by their hired gun tax payor funded attorneys who get away with constantly muscling and bullying parents of children with IEP's rather than attempting to mediate, problem solve and work to identify solutions that help children, families and schools. The wait, don't tell and then game of I gotcha is so gross because it leaves families without any alternatives. So families are marched into lawsuits and that has a devastating affect on trust between parents and schools. That's why the Leigh Law Group attorneys exists-to give Parents the equal power to level that playing field. While the Education Code allows a school district to sue a parent of a child with disabilities do you know when they can do that? Let's consider a few examples: 1. IAES: A school district can sue a parent using the due process administrative trial like procedures to obtain an order seeking to remove a child to an IAES-interim alternative setting for up to 45 days. A local educational agency (LEA) may request an expedited due process hearing when it believes that maintaining the current placement of the child is substantially likely to result in injury to the child or to others. (20 U.S.C. § 1415(k)(3)(A); 34 C.F.R. § 300.532(a).) The hearing officer may return the child to the placement from which he was removed, or may order a change in placement to an appropriate IAES for not more than 45 school days if the hearing officer determines that maintaining the current placement of such child is substantially likely to result in injury to the child or to others. (20 U.S.C. § 1415(k)(3)(B)(i); 34 C.F.R. § 300.532(b)(2).) The expedited due process hearing must occur within 20 school days of the date the complaint requesting the hearing is filed and the hearing officer must make a determination within 10 school days after the hearing. (34 C.F.R. § 300.532(c)(2).) 2. And this is a biggie-when after the provision of special education services the parent either partially consents to an IEP or revokes consent to special education. Ca. Educ. Code Section 56346(f) and also see https://lnkd.in/gSfZEwYS. 3. A school district may after a manifestation hearing sue a family in an expedited due process hearing to have the child remove from school (they may seek an expulsion hearing) or they may also pursue due process to have the child's placement changed. Check out this CDE resource on disciplinary resources and federal guidance on manifestation hearings and discipline.