IEP Rights

Your IEP Rights Explained


Is your child having problems learning at school?  Is your child at grade level?  What are your rights?  Did you know that an IEP team meeting is required for your child?


Did you know that there is a civil rights law that protects your child and requires school districts to provide whatever your child needs to receive meaningful educational benefit from your child’s schooling?


The Individuals with Disabilities Education Improvement Act (IDEA) is a civil rights and education law for children with learning disabilities.  It was written to protect children from school districts.


Most school districts do not want to provide the resources that the school districts are mandated to provide by the federal government and the state legislature.


If your child has any problem that keeps your child from learning in school your child should be classified as “special education eligible” and receive the following:


Your school district for free must fully assess your child in all areas of suspected learning disability.  Some of these areas are:


  1. Academic Achievement (grade level success)
  2. Learning Potential (living up to potential)
  3. Auditory Skills
  4. Attention Deficit Issues
  5. Auditory Processing Issues(the ability to process words appropriately)
  6. Visual Skills (can track when reading and identify things)
  7. Fine Motor Skills (writing and drawing skills)
  8. Gross Motor Skills (not clumsy or unsafe)
  9. Social/Emotional Behaviors (understands, is friendly and gets along)
  10. Audiology (can hear all frequencies)
  11. Vision
  12. Health
  13. Mental Health issues (is psychiatric counseling required)


Your school District must hold an individualized education program (IEP) eligibility meeting and determine if your child is “special education eligible.”  If your child is “special education eligible,” then both state and federal law (part of a protected class) protect your child.  The District does not have to do anything for children who are not “special education eligible.”


Many school districts consciously prevent children from being identified as “special education eligible” because those children are not entitled to resources and the protection of the IDEA.


If your child is special-education eligible, then your school district must create a plan that lays out all the goals, services, and other resources that your child requires.  This means keeping your child in a general education class and providing your child with push in or pull out services to ensure that your child catches up and receives educational benefit.


Your school district must then implement the IEP plan for your child.


School districts do not like to spend extra money on children who have problems learning.  School districts like to put special education children in low level classes and babysit them instead of teach them.


Politicians run school districts.  Special education students’ families do not belong to the special interest groups that elect school board members.  School boards intentionally give limited budgets for special education to the school administrators.


School administrators for special education get to keep their jobs, pay their mortgages and feed their families if they say no to parents at IEP team meetings.  There is a person with budget responsibility at every IEP team meeting.  The school administrators will retaliate against teachers and therapists if they speak up at IEP team meetings on behalf of special needs children.  If you do not believe this, then just ask a good teacher about this in private.


The Individuals with Disabilities Education Improvement Act (IDEA) is a civil rights and education law for children with learning disabilities.  It was written to protect children from school districts.

Children with learning disabilities must be treated equally and receive benefit from their education.  This includes receiving significant additional resources so that they can learn as much as other children.


Unlike other civil rights laws, the IDEA requires that parents enforce their children’s rights.  No government agency is going to come and help parents and special needs children get necessary resources for learning from the school District.


The IDEA requires that school districts spend whatever they have to provide appropriate resources for special needs children.  This is a case where local school board politics often overrides both the United States Congress and California State Legislature regarding special education.


There are no monetary damages available to parents for the school District breaking the rules.  The school district only has to give the assertive parent what the parent’s child was entitled to in the first place.  School districts have little downside risk of saying “no” to parents.  Schedule a consultation with K² Legal Services today to find out what your rights are.