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Community Q&A
4 questionsWhat are my rights if the school refuses to evaluate my child for special education?
You have the right to request a special education evaluation in writing at any time. In California, the school must respond within 15 calendar days and either agree to evaluate or provide written notice explaining why they're declining. If they decline, you can request mediation or file a state complaint with the California Department of Education. You may also request a due process hearing.
— SERE Team
Can the school suspend my child with an IEP for more than 10 days?
Students with IEPs have special protections under IDEA. A school may not suspend a student with a disability for more than 10 school days without conducting a Manifestation Determination Review (MDR). If the behavior is found to be a manifestation of the disability, the student generally cannot be expelled and must continue to receive FAPE.
— SERE Team
My child's IEP goals haven't changed in 3 years. Is that allowed?
IEP goals must be reviewed and updated at least annually. Goals that haven't changed in three years likely indicate that either the goals are not being implemented, the student has already mastered them (and new goals should be written), or the IEP team is not following the law. Request an IEP meeting in writing and ask for a review of your child's present levels and progress data.
— SERE Team
What is the difference between an IEP and a 504 Plan?
An IEP (Individualized Education Program) is developed under IDEA and provides specially designed instruction and related services for students with disabilities who need more than accommodations. A 504 Plan is developed under Section 504 of the Rehabilitation Act and provides accommodations and supports for students with disabilities who can access general education with adjustments. IEPs are more comprehensive and legally binding; 504 Plans are simpler but still legally enforceable.
— SERE Team