California Education Law Blog

You just had your child's IEP, and a bunch of information was thrown out there by multiple professionals over the course of a couple of hours. The school district administrator is now asking you to sign the place in the IEP document which indicates that you consent to the IEP. What do you do? Is it ok not to sign it?

The short answer is yes, it is perfectly acceptable not to sign consent to an IEP at the meeting itself. In fact, it would probably be better if you didn't sign consent to an IEP document until you have had to take it home and really read it over and consider everything it says and everything that is being offered to your child. You most likely did not have the opportunity to go over the IEP document in advance of the meeting itself, so you may have questions or concerns that were not brought up at the meeting once you have a chance to review the document.

What is the downside of not signing consent to the IEP document? Any services offered in that specific IEP document will not be implemented by the school district by law until you provide consent to it. You may provide consent to some of the document, while dissenting to other parts you do not agree with (i.e. consenting to placement by dissenting to the amount of special education services). In the meantime, the last agreed upon IEP services and goals will remain in place until you consent to their change.

You might have questions about what is appropriate, or a school district might be pressuring you into signing the IEP document. The attorneys at Augustin Egelsee can advise you regarding the appropriateness of your child's IEP and whether or not you should consent to the implementation of services.

We welcome your participation in the discussions on this blog. Feel free to comment on posts that interest you.

Contact Our Office

Contact us by email or call us at 714-602-1498 or 866-781-7723 (toll free) for more information.

A recent decision from the CA Office of Administrative Hearings (OAH) held that Parents are not allowed to inspect incident reports that are not maintained in the student's file as they are not considered education records. Saddleback Valley Sch. Dist., 57 IDELR 298 (SEA CA 2011). The issue turned on the location where the incident reports were kept within the school district. The IDEA permits parent's access to their children's education records. In this matter, the child who was enrolled in special education had twice been injured on her school's playground. On the first occasion, she fell, broke the foot-ankle brace she needed for support and bruised her calf. The second resulted in the injury of her wrist. The mother requested copies of the reports but her requests were denied. She subsequently filed a due process complaint alleging that the school district denied a free appropriate public education (FAPE) by failing to timely provide copies of education records. Because the school district did not keep incident reports in the student's file, the ALJ concluded they were not education records. The ALJ took notice that school district kept the incident reports in its risk management department at its business office; thus the reports weren't related to student's private education interests. It bears mentioning, however, the case did not specifically provide whether Parents tried to get the incident reports via a subpoena duces tecum. This may be a viable tool obtain the incident reports if a due process claim is filed.

Contact Our Office

If you have any questions about your child's special education services, Contact us by email or call us at 714-602-1498 or 866-781-7723 (toll free) for more information.

We welcome your participation in the discussions on this blog. Feel free to comment on posts that interest you.

Students diagnosed with Autism Spectrum Disorders can be eligible for special education services through their local school districts under the criteria of Autism. School districts have recently faced a strain on providing special education related services and supports with nation-wide budget cuts. It is expected that this budget will become even more strained as children diagnosed with Autism has recently grown.

This week, the Centers for Disease Control and Prevention released its projection that the number of children diagnosed with Autism has now grown to 1 in 88, doubling from the previous projection of 1 in 156. There are various theories surmising that this rise could be attributed to environmental factors, better diagnostic tools or greater awareness of the disorder.

Either way, school districts are going to start feeling the impact as more and more students become eligible for services due to their diagnosis of Autism (even though a medical diagnosis differs from special education criteria, it is more than likely that a large number with diagnoses will also be eligible for special education services). With such a large population entering special education programs, it would be logical to start constructing public schools specifically designed for students with Autism and other specially designed programs, but with limited funding, it may become impossible for districts to provide even a basic floor of services.

Contact Our Office

If you have any questions about your child's special education services, Contact us by email or call us at 714-602-1498 or 866-781-7723 (toll free) for more information.

We welcome your participation in the discussions on this blog. Feel free to comment on posts that interest you.

Angelman Syndrome ("AS") is a genetic disorder that causes developmental disabilities and neurological problems, such as difficulty speaking, balancing and walking and, in some cases, seizures. Frequent smiles and outbursts of laughter are common for people with AS, and many have happy, excitable personalities.

Characteristic AS signs and symptoms include:

•Developmental delays, including lack of crawling or babbling at 6 to 12 months, low cognitive abilities

•Lack of or minimal speech

•Inability to walk, move or balance well (ataxia)

•Trembling movement of arms and legs

•Frequent smiling and laughter

•Happy, excitable personality

Other signs and symptoms may include:

•Seizures, usually beginning between 2 and 3 years of age

•Stiff or jerky movements

•Small head size, with flatness in the back of the head

•Crossing of the eyes

•Tongue thrusting

•Walking with arms up in the air

•A lower jaw that juts out

•Light pigmentation in hair, skin and eyes (hypopigmentation)

AS is a rare disorder that most people have never heard of. However, much research is being conducted to find a cure and efforts to educate the public continue at this time. In fact, NBC profiled a family in Los Angeles and their beautiful son in 2010. The story is very educational and heartwarming. http://www.cureangelman.org/newsandevents-video.html

Most children with AS present with many unique cognitive, educational, social, physical and communication challenges. Educational interventions must be comprehensive, within the least restrictive environment and uniquely designed for each individual child. Many options may be appropriate for children with AS including a self-contained classroom, general education placement with aide support or a separate school for children with special needs.

It is also very important for children with AS to exposed to typical peers as frequently as possible. No particular placement is optimal for all students with AS. Additionally, related services are extremely important for children with AS including speech and language, occupational therapy, physical therapy, adaptive physical education and augmentative communication services.

Contact Our Office: If you have any questions about your child's special education services, Contact us by email or call us at 714-602-1498 or 866-781-7723 (toll free) for more information. We welcome your participation in the discussions on this blog. Feel free to comment on posts that interest you.