EDUCATION LAW AND SPECIAL EDUCATION LAW
"What we have is
what you get"
is NOT what the
federal and state
laws provide for
children with
special needs!
LAW FIRM OF A. GEORGINA OLADOKUN, P.C.
Trial Attorney and Counselor-at-Law
GOLADLAWFIRM  © 2010                              Content Sharing                Disclaimer                Privacy Policy        
      
              Special Education Law refers to the laws and regulations that govern the
teaching of students with special needs. These needs may be learning or physical
disabilities, behavioral problems, talents, or academic aptitude that can't be satisfied
in a regular classroom. Federal law, specifically the Individuals with Disabilities in
Education Act (IDEA), guarantees a free public education to those who suffer from a
hearing, speech, or visual impairment, a brain injury or mental impairment, serious
emotional or health issues, autism, or an identifiable learning disability. In addition,
Section 504 of the Rehabilitation Act of 1973 prohibits schools from discriminating
against children with learning disabilities or denying children access to an education.

              Under the federal Individuals With Disabilities Act ("IDEA"), you have the
right to:
    •        Have your child evaluated to find out if he or she qualifies
              for special education programs
    •        See your child's school records and testing results
    •        Meet with school representatives to work out a plan for your
              child's special needs

       Getting an Evaluation:  In order to qualify for special education, your child must
have one of the following disabilities negatively impacting on his or her education:
    •        Hearing, speech or visual impairment
    •        Brain injury or mental impairment
    •        Serious emotional issues
    •        Autism
    •        Serious health issues
    •        An identifiable learning disability

               If you as a parent request a special education evaluation for your child, your
public school district must provide testing and meet with you for a formal evaluation.
If you don't agree with the evaluation, you have the right to an Independent
Educational Evaluation ("IEE") done by someone who doesn't work for the school
district. The public school district must either pay for the IEE or show at an impartial
due process hearing that its initial evaluation is appropriate.
An evaluation must include:
    •       A description of your child's current functioning level, based on
             testing, grades, reports or teacher's observations
    •       Information on how your child's disability affects his or her
             academic progress

Putting a Plan in Place:        If you and the school district agree that your child qualifies
for special education, you and representatives of the school district will put together
what's called an Individualized Education Program ("IEP") for your child. The IEP is a
written plan which lays out:
    •        Any special services your child needs
    •        Goals your child is expected to meet during the school year
    •        Ways to measure your child's progress toward his or her goals-
              sometimes called "objectives" or "benchmarks"

               The schools are required, by law, to devise an INDIVIDUALIZED education
program for a child, based on that child's individual needs (not on the school's staffing
or budget problems) that is reasonably calculated to confer MEANINGFUL
educational benefit.   Anything less than that doesn't comply with the law, and is
actionable through a due process proceeding.

               Your child must be placed in the "least restrictive" educational environment
("LRE").  For most children, this means what is called "mainstreaming" - putting your
child in a regular classroom- unless the IEP team decides that even with special
assistance your child can't be successful there.  If you and the school district can come
to an agreement as to where your child should be placed and what goals your child
should be working toward, you'll receive reports on your child's progress at least as
often as you would receive a report on a child without special needs. You can also
request that the IEP team meet with you if reports show that it's time to make changes
in the IEP.

               Under federal law, once your child has an IEP, he or she must be reevaluated
at least once every three years or earlier if there is a change in the student's
circumstances.

Due Process Rights:         When you can't come to an agreement with the school as to
whether your child qualifies for special education, or how your child's needs should be
met, you have the right to what's called "due process" through mediation or a hearing.  
At a Mediation, you meet with public school district representatives and an impartial
third person, called a "mediator", who listens to both sides and helps you to reach an
agreement that everyone can live with. If mediation doesn't work, you have the right
to an impartial Due Process Hearing.  At a Due Process Hearing, each side presents
their position, and a hearing officer decides what the appropriate educational program
should be, based on the IDEA laws.  Your school district must give you a written copy
of special education procedural rules outlining the steps for due process hearings and
mediation.
OUR SERVICES
       
              Education law is a complex and constantly evolving myriad of federal,
regional and state rules, regulations and cases.  As a parent, it is difficult to
understand this ever-changing area of law and figure out how to apply it to your
child's unique situation. We can help you by working with you and your School
District or Education Service District in a variety of ways.

               As previously mentioned, there are state and federal safeguards to ensure that
every child receives an education. At the education Law Firm of A. Georgina
Oladokun, we protect this entitlement.  We have comprehensive experience with a
wide variety of special education and education law issues.

               If your child needs education or special-education services and the county or
school denies you access to them, we can help. If you want to challenge a public
school's suspension or expulsion of your child, you have an effective advocate in
attorney A. Georgina Oladokun. We also help private schools comply with state and
federal requirements for special-education services and procedures.
"The purpose of
education is not to
endow students
with diplomas, but
to equip them with
the substantive
knowledge and
skills they need to
succeed in life. A
high school
diploma is not an
education, any
more than a birth
certificate is a
baby."

-- Presiding
Justice Ignazio J.
Ruvolo,
O’Connell,  et  al.
v. Superior Court
of Alameda
County, 47 Cal.
Rptr.3d 147, 167
(Cal. App. 2006).