Understanding Your Rights
A parent's guide to California special education procedural safeguards
Prior Written Notice
Before the school can change or refuse to change anything about your child's identification, evaluation, placement, or services, they must give you written notice explaining what they propose, why, and what data they used.
If they didn't put it in writing, it hasn't officially happened yet.
Informed Consent
The school must get your written consent before conducting assessments, providing services for the first time, or changing placement. You must be told exactly what they plan to do in language you understand.
Consent is voluntary. You can revoke it at any time in writing.
Assessment & Evaluation
Assessments must be in your child's language, non-discriminatory, conducted by qualified professionals, and comprehensive. You must receive reports before the IEP meeting.
If you disagree, you can request an Independent Educational Evaluation (IEE) at the district's expense.
IEP Meeting Participation
You are a required member of the IEP team. The school must schedule at a mutually agreed time, tell you who will attend, and provide an interpreter if needed. You can bring anyone you choose and record the meeting (24-hour notice in CA).
You can request an IEP meeting at any time. The school has 30 days to hold it.
Least Restrictive Environment
Your child has the right to be educated alongside non-disabled peers to the maximum extent appropriate. The default is general education with supports. Removal should only happen when education cannot be achieved even with supplementary aids.
LRE is about access and belonging, not convenience for the school.
Discipline Protections
After 10+ days of suspension, the IEP team must hold a Manifestation Determination within 10 school days. If behavior is related to the disability, the student returns to placement and the school must update the FBA/BIP. Students always continue to receive FAPE.
Exception: 45-day removal for drugs, weapons, or serious bodily injury regardless of manifestation.
You are not just invited to the table. You have a legal right to be there, to be heard, and to shape your child's education.
Helping families understand their rights and advocate for their children with confidence.
Created by Rooted Minds · rootedmindsproject.org
Understanding Your Rights
Dispute resolution, records, placement, and additional protections
Due Process Hearings
If you and the school cannot agree, you can request a formal hearing before an impartial officer. File within 2 years. A resolution session happens within 15 days. The hearing must conclude within 45 days after the resolution period.
Stay-Put Right: Your child stays in their current placement while the case is pending.
Mediation & State Complaints
Mediation is free, voluntary, and uses a neutral mediator provided by the state. Agreements are legally binding. State complaints go to CDE, must be filed within 1 year, and CDE has 60 days to investigate and decide.
You do not need a lawyer to file a state complaint or request mediation.
Records & Privacy
You can inspect and review all educational records. The school must provide copies within 5 business days. You can request amendments to inaccurate records and control who has access.
You should not be seeing data for the first time at the IEP table.
Private School Placement
If the district cannot provide FAPE, they must fund private placement including tuition and transportation. If you place your child privately, you may seek reimbursement through due process if the district failed to provide FAPE.
Give written notice before removing your child. Reimbursement may be reduced without proper notice.
Surrogate Parents & Transfer of Rights at 18
When no parent is available (foster youth, unaccompanied youth), the district must appoint a surrogate parent within 30 days who has the same rights as a biological parent. When a student turns 18, all educational rights transfer to the student unless a conservator has been appointed. The school must notify both parent and student at least one year before the student turns 18.
Every child deserves to be understood. Every parent deserves support.
Helping families understand their rights and advocate for their children with confidence.
Created by Rooted Minds · rootedmindsproject.org