Leigh Law Group

Special Education Rights

Special Education Law

Let the Leigh Law Group attorneys be your voice so you never have to worry about your child’s access to school again. Parents who dispute their child’s IEP, are seeking IEP eligibility or who need an expert at the IEP team meeting to work through child centered placement, services and IEP goals can rely on the years of expertise of the Leigh Law Group attorneys. Leigh Law Group attorneys know how to manage special education law issues, can manage the complex issues that arise during the IEP process and are highy capable of managing the entire process from start to finish. We put our years of experience to work to advocate for your child and help you reach the best possible outcome. Bringing a Leigh Law Group team member to your IEP team meeting or Section 504 plan meeting means you can attend with as much power and know-how as the school district. You will attend these meetings with a seasoned Leigh Law Group team member who will target the needs of your child and work collaboratively for an appropriate, results-oriented outcome.


Leigh Law Group is comprised of San Francisco special education attorneys and child advocates who work to assist parents in obtaining a free and appropriate public education (FAPE). At our firm, you are our priority. We will provide you with individualized guidance to protect the rights of both you and your child.

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Leigh Law Group Represents All 13 IDEA Disability Categories

The Process for eligibility starts with a psycho-educational assessment. The referral for assessment can be made by teachers or Parents. Don’t let schools delay eligibility by throwing roadblocks in your path like SST meetings or ‘wait and see’ approaches. A child must be assessed, and a decision made within 60 days of the start time of assessment. 


If your child is determined to be eligible for special education services by your school district following a thorough assessment, then he or she may be entitled to either a Section 504 plan or an Individualized Education Program (IEP). You may also have a dispute about your child’s right to be assessed at all and whether your child was deemed ineligible for special education.


To be eligible for special education and related services, a child must be in the age range of birth to 22 years of age and meet the criteria in two areas outlined in federal law: (1) the child must be identified as a child with a disability in one or more of the 13 categories defined below; and (2) the child's disability must adversely affect his or her educational performance. Children ages 0-3 are found eligible under Part C eligibility criteria of the Individuals with Disabilities Education Act (IDEA) and children ages 3-21 are determined to be eligible under Part B eligibility criteria of IDEA. 



For children and youth ages 3-21, special education and related services are provided through the public school system. One way to find out about these services is to call your local school district. The school district can provide you with information about special education policies in your area or refer you to a district or county office for this information.


The following are definitions of the 13 disability categories provided under IDEA:

  • AUTISM

    A developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evidence before age three, that adversely affects a child's performance. Other characteristics often associated with autism with autism are engaging in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. The term autism does not apply if the child's educational performance is adversely affected primarily because the child has an emotional disturbance.


    A child who shows the characteristics of autism after age three could be diagnosed as having autism if the criteria above are satisfied.

  • DEAF-BLINDNESS

    A concomitant (simultaneous) hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for children with deafness or children with blindness.

  • DEAFNESS

    A hearing impairment so severe that a child is impaired in processing linguistic information through hearing, with or without amplification, that adversely affects a child's educational performance.

  • EMOTIONAL DISTURBANCE

    A condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree that adversely affects a child's educational performance:


    a. An inability to learn that cannot be explained by intellectual, sensory, or health factors.

    b. An inability to build or maintain satisfactory interpersonal relationships with peers and teachers.

    c. Inappropriate types of behavior or feelings under normal circumstances.

    d. A general pervasive mood of unhappiness or depression.

    e. A tendency to develop physical symptoms or fears associated with personal or school problems.


    The terms includes schizophrenia. The term does not apply to children who are socially maladjusted, unless it is determined that they have an emotional disturbance.

  • HEARING IMPAIRMENT

    Having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that--


    a. is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and

    b. adversely affects a child's educational performance.


  • INTELLECTUAL DISABILITY

    A significantly subaverage general intellectual functioning, existing concurrently (at the same time) with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child's educational performance.

  • MULTIPLE DISABILITIES

    Concomitant (simultaneous) impairments (such as intellectual disability-blindness, intellectual disability-orthopedic impairment), the combination of which causes such severe educational needs that they cannot be accommodated in special education programs solely for one of the impairments. The term does not include deaf-blindness.

  • ORTHOPEDIC IMPAIRMENT

    A severe orthopedic impairment that adversely affects a child's educational performance. The term includes impairments caused by a congenital anomaly, impairments, caused by disease (e.g., poliomyelitis, bone tuberculosis), and impairments from other causes (e.g., cerebral palsy, amputations, and fractures or burns that cause contractures).


  • OTHER HEALTH IMPAIRMENT

    Having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that--


    a. is due to chronic or acute health problems such as asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and Tourette syndrome; and

    b. adversely affects a child's educational performance.


  • SPECIFIC LEARNING DISABILITY (SLD)

    A disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or to do mathematical calculations. The term includes such conditions as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. The term does not include learning problems that are primarily the result of visual, hearing, or motor disabilities; of intellectual disability; of emotional disturbance; or of environmental, cultural, or economic disadvantage.


  • SPEECH LANGUAGE IMPAIRMENT

    A communication disorder such as stuttering, impaired articulation, a language impairment, or a voice impairment that adversely affects a child's educational performance.

  • TRAUMATIC BRAIN INJURY (TBI)

    An acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. The term applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech.


    The term does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.



  • VISUAL IMPAIRMENT

    An impairment in vision that, even with correction, adversely affects a child's educational performance. The term includes both partial sight and blindness.


Protecting Your Child's Right To FAPE

The FAPE standard is a right that is specifically outlined in both federal and state law, federal and state regulation, federal and state advisory opinions, and regulatory and case law and requires that school districts provide educational programming, services and placement designed to meet a child’s unique needs so that the child may make measurable gains within a year.

Guiding You Through Potential Obstacles

Though children with unique needs have a right to FAPE, there are several legal processes both schools and families must go through to obtain it. These complex processes can lead to conflict.


If you and your school district cannot agree on appropriate programming, placement, IEP goals, services or special education eligibility, then state and federal laws allow the parent of a child with special needs to file for an administrative trial-like proceeding referred to as “due process.” The special education laws provide that parents who win in the due process hearing may be entitled to have their reasonable attorney fees paid by the school district. This fee provision allows us to charge our clients reduced or lower fees when appropriate..


The attorneys at Leigh Law Group are prepared to work with you on issues related to:

  • Attendance and preparation for IEP meeting, 504 plan meetings, due process and various complaint process
  • We are specialists in this area of the law- we also represent parents in state and federal court
  • Expulsions and manifestation hearings
  • Additional services for individuals with disabilities
  • Conservatorship issues and hearings

How Do You Obtain Services For A Child With A Learning Disability Or Any Disability for That Matter?

Children with learning disabilities such as dyslexia qualify specifically in California for an IEP when their dyslexia affects their ability to access their education. You can obtain services through an IEP by requesting an educational evaluation to determine your child’s eligibility and need for special education services. That request should always be in writing and triggers the evaluation process. 


504 Plan Process. Services through a 504 plan require a slightly different process. This plan comes from Section 504 of the Rehabilitation Act of 1973, which obligates public schools to provide a free appropriate public education (FAPE). Though outlined in federal law, it is often the parent who is responsible for obtaining 504 services by:


  • Recording their child’s needs
  • Meeting with coordinators and educators
  • Formally requesting a plan
  • Helping to create the education plan


There is still an evaluation process to determine eligibility for a 504 plan.

What If The District Or Charter Denies Special Education Services?

If your child’s school or education charter denies the special education services or eligibility, you can contact Leigh Law Group to support you. We will strive to protect your as well as your child’s rights. Our attorneys can help you:


  • Obtain outside regional center education services
  • Explore an independent educational evaluation (IEE)
  • Challenge the denial by filing a special education due process complaint or a CDE or OCR compliance complaint
  • We are also well versed on in discrimination and failures to appropriately accommodate
  • We work with a team of professionals to establish a strong foundation for eligibility- we never accept less tha FAPE.


We will stand by you against any challenges you may face. Our goals are to get you the help you and your child need and to protect your child’s future.

Can My Child Apply For Special Education Programs In Higher Education?

No. However, many institutions are covered by Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA). Eligible students must create an academic support plan that includes the services colleges and universities provide for Section 504-eligible students. An academic accommodation plan can cover many areas of need, including:


  • Workloads
  • Class substitutions
  • Note takers in each class
  • Interpreters


Many higher education institutions nowadays also have specific services to assist students with disabilities or certain needs.

How Can An Attorney Help Me?

Since many disability accommodations fall under specific laws and civil rights, an experienced education law attorney offers essential support and representation. We can help you and your family with a wide range of matters, including:


  • We know the laws and have clear options about how to meet your child’s needs.
  • We understand how to navigate the entire IEP process.
  • We never go into an IEP without the right foundation for a best outcome.
  • We stand by you and your family every step of the way.

Recent Special Education Posts

DP and CDE Differences

October 13, 2022
If you think that your child’s school district has violated special education law—including failing to provide your child with a free appropriate public education (“FAPE”), you can either file a due process complaint or a complaint with the California Department of Education (“CDE”). There are always ways a seasoned special education attorney can help with this process and moreover, can even provide you with services such as amicably settling your differences and avoid the below discussed time consuming and sometimes frustrating processes. A Leigh Law Group attorney retained can provide you with all the options that best obtains you and your family’s goal. This blog is not legal advice and does not constitute all the ways a family can resolve school disputes. How Due Process Works Parents may file a due process complaint with the Office of Administrative Hearings (“OAH”) if they believe that the school district is not providing their child with FAPE. Timing Matters Parents generally have two years from the date they knew about the underlying issue to file a due process complaint alleging issues during those years. Filing a due process complaint results in a due process hearing unless the parties settle before hearing starts. Generally, before the due process hearing, parents and school district representatives have the option to voluntarily mediate with an OAH Administrative Law Judge (“ALJ”) or during a resolution session. The goal of the meditation is to resolve the dispute before the due process hearing. If the parties do not reach a settlement agreement at the mediation, then the parties proceed to the due process hearing. At the due process hearing, an ALJ will review the evidence and determine whether the schools district provided your child with FAPE. After hearing evidence and reviewing written closing arguments from both sides, the ALJ will issue a decision stating whether there was a violation, and if there was, corrective actions the district must take. A due process hearing is similar to a trial with witnesses and documentary evidence. Either side may appeal by filing a civil action in federal district court if they are dissatisfied with the ALJ’s decision within 90 days from the date of the final administrative decision. How a California Department of Education Complaint Works Anyone may file a complaint with the CDE when they believe the school district has violated special education law. Timing Matters The CDE investigates the complaint to determine whether the school district violated special education law. The issues must be filed within 1 year of the violation or knowledge of the violation. The CDE acts as a neutral investigator; they do not advocate for either the parents or the school district. The CDE will issue a decision stating whether there was a violation of special education law. This process mostly covers failures to implement the IEP. If there was a violation, then the decision will include actions the school district must take to correct the violations. It is important to realize, however, that after you submit your evidence—usually in the form of a letter—to the CDE, your case is in the hands of the investigator. What is the difference between filing for due process and filing a complaint with the California Department of Education? A CDE complaint can resolve any alleged violations of federal and state special education laws relating to failure to implement the IEP reviewed by a state compliance investigator, starts with a state complaint outlining the issues and each side gets to speak to the investigator but does not get to see the other sides evidence generally. An attorney can help you file a complaint as well as give you guidance as to the legal violations and potential remedies. The statute of limitations is one year. A due process complaint focuses on violations of both procedural and substantive violations of FAPE. The due process complaint can take days if not months, is appealable to state or federal court, allows for a decision by an ALJ who hears organized evidence, witnesses and experts and the participant has a greater chance of being heard about the harms caused and why remedies should be awarded. There generally is a two-year statute of limitations. An attorney should be retained in these circumstances as the process is appealable by any side to federal court and there may be other civil issues implicated in these types of filings. If you believe the school district is not providing FAPE or violating your child’s special education rights, you should consider retaining an attorney and the Leigh Law Group attorneys are very experienced in the above processes, how to use them and when and if to use them strategically.

Who Attends an IEP Meeting

October 13, 2022
Students who receive special education services have an individualized education plan (“IEP”). IEPs are governed by a host of laws, law guidance, case law and state and federal special education laws. Of particular importance is the federal Individuals with Disabilities Education Act (IDEA). IEP’s are created for students who attend public school, which includes California charter schools, for the sole purpose of providing a Free and Appropriate Public Education (“FAPE)”. The IEP is the centerpiece of special education law. To be eligible for an IEP, a student has to: 1) Have one or more of the 13 enumerated legal conditions that are covered under IDEA and state education law, which includes learning disabilities like dyslexia and dysgraphia, dyscalculia and a host of others. 2) Need services in school as a result of that disability or disabilities to access their education and be provided a FAPE. IEP meetings are held with your child’s IEP team. At the first meeting, the IEP team will develop the IEP after discussing eligibility following a school psychologist’s assessment. Expect to discuss IEP goals designed to be met within a year, services designed to help your child meet the IEP goals modifications and accommodations and a variety of placements designed to meet your child’s needs. During subsequent IEP meetings, the team will discuss your child’s progress and goals, and revise the IEP accordingly. The first IEP meeting is held within 60 days after your child qualifies for special education. After that, IEP meetings occur annually. However, you can request an IEP at any time. An IEP must include: • A statement of the child's present levels of academic achievement and performance; • A description of how the child's progress toward meeting goals will be measured; • A statement of the special education and related services to be provided to the child; and • An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class. The following people must attend an IEP meeting: • The parents. • Your child’s general education teacher(s) if your child is in any general education classes. • Your child’s special education teacher(s). • A school district representative in charge of providing resources to your child. • An evaluator (such as a psychologist or other specialist) who will presents the results of the psychoeducational evaluation of your child. • Any other school specialists (such as a behavior analyst). • Anyone else that you believe will help advocate for your child, including an attorney. In California, a parent has the right with the appropriate notice to audio record the IEP. Bringing an attorney to an IEP meeting ensures that your child receives the resources they need. The school district’s IEP team members do not always discuss all the options available to you legally, nor do they always agree with Parents about what is and is not FAPE or progress —so it is helpful to have someone who is familiar with the IEP process by your side who will look out for your child’s interests. An attorney will make sure that your child is receiving a free appropriate public education because Leigh Law Group attorneys know the IEP requirements and understand how to work with IEP teams with a focus on your child and your child’s needs . Remember, an IEP is a legal proceeding and more often than not, you will need an attorney to help you navigate the IEP. The Leigh Law Group has been representing parents in IEP meetings effectively and zealously for more than twenty years.

Shortage of fully licensed special education teachers in 48 states

By m.muotka • June 27, 2022
Under the federal Individuals with Disabilities Education Act, kids with disabilities have the right to access a fully licensed special educator. This school year, however, there is a shortage of licensed special education teachers in 48 states, including California. That typically means one of three things. Option one: big classes. Option two: classes taught by people who are currently working… The post Shortage of fully licensed special education teachers in 48 states first appeared on Leigh Law Group.

The benefits of hiring a special education law attorney

By josh.vickers • September 11, 2019
Special needs students require precisely that: special needs. These students perform differently than children who are not on the spectrum. They can’t be taught and disciplined in the same manner. Doing so can cause problems. Special needs children require specific programs and climates to excel. The unfortunate reality is that many schools, especially under-budgeted public schools, aren’t provided the resources… The post The benefits of hiring a special education law attorney first appeared on Leigh Law Group.

Important things to know when hiring a special education attorney

By josh.vickers • May 8, 2014
We at the know hiring a special education attorney can be (wait,… is) daunting.  You have to face trusting your child, that precious gift that changed your life more than any one single thing, to someone you only barely know.  Here are some things you should know: 1. Some attorneys have never taken a case to due process.  They will talk… The post Important things to know when hiring a special education attorney first appeared on Leigh Law Group.
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