Your Rights

Under federal law (:IDEA) and California law, parents have specific rights when it comes to special education services. This page covers the most relevant ones.

Requesting an Evaluation

If you believe your child needs special education services, you have the right to request an evaluation at any time.¹Under IDEA's "Child Find" requirement, schools must identify all children who may have disabilities. CPIR: 10 Basic Steps Your request can be verbal or in writing — both are legally valid.

However, written requests are strongly recommended because they create a clear record and establish a specific date for legal timelines.²"Get everything in writing, and keep a copy... Email is an easy way to document and keep records." NAA IEP Toolkit, p. 3. NAA IEP Toolkit

You do not need to know specific legal terms or procedures. Simply stating that you are concerned about your child's development and would like them evaluated is enough.

Timelines

Once you request an evaluation, the school must:

1. Respond within 15 calendar days — They must give you an assessment plan to review and sign³California Education Code § 56321(a). See Key Laws Explained
2. Complete the evaluation within 60 days of receiving your signed consent⁴34 CFR § 300.301(c)(1) and California Education Code § 56344(a). 34 CFR § 300.301
3. Hold an IEP meeting within 60 days of receiving your consent to assess⁵California Education Code § 56344(a). SERR Manual

Schools cannot simply redirect you to "try things at home" instead of responding to your request.

Informed Consent

Before a school can evaluate your child or change their services, they need your written consent. Under IDEA, "informed consent" has specific legal requirements.⁶34 CFR § 300.9 defines "consent" with specific requirements. 34 CFR § 300.9

You must be:

• Fully informed about what you are agreeing to
• Given information in a language you understand
• Told what records will be released or used
• Able to understand the activity you're consenting to

This means:

• Someone cannot have you "just sign something real quick" without explanation
• You have the right to ask questions before signing anything
• You have the right to take documents home to review⁷"Don't sign the final copy of the IEP while at the meeting unless you are absolutely certain you agree to everything." NAA IEP Toolkit, p. 3. NAA IEP Toolkit
• You have the right to have someone explain documents to you

Prior Written Notice

Whenever a school proposes to change your child's services — or refuses to change them — they must give you Prior Written Notice (PWN).⁸34 CFR § 300.503: Schools must provide Prior Written Notice when proposing or refusing to change services. See Key Laws Explained This notice must explain:

• What the school is proposing or refusing
• Why they are making this decision
• What information they used to make the decision
• What other options they considered
• Your rights if you disagree

From the Center for Parent Information & Resources: "You, as parents, must receive prior written notice from the school a reasonable time before the school plans to take (or refuses to take) actions related to the identification, evaluation, or educational placement of your child."⁹CPIR explanation of Prior Written Notice requirements. CPIR: Prior Written Notice

If you didn't receive written notice before a change was made to your child's services, this is a procedural violation.

Independent Educational Evaluation (IEE)

If you disagree with any evaluation the district conducted, you have the right to request an Independent Educational Evaluation (IEE) at public expense.¹⁰34 CFR § 300.502: Parents have the right to an IEE at public expense if they disagree with a district evaluation. 34 CFR § 300.502

• You are entitled to one IEE at district expense each time you disagree with a district evaluation
• You may choose your own qualified evaluator
• You are not required to explain why you disagree
• The district must either fund the IEE or file for due process to defend its evaluation — no unreasonable delays allowed

Stay-Put (Pendency)

During any dispute, your child has the right to remain in their last agreed-upon educational placement. This is called "stay-put" or pendency.¹¹34 CFR § 300.518: During any administrative or judicial proceeding, the child must remain in current placement unless the parent and agency agree otherwise. 34 CFR § 300.518

When you file a due process complaint, services cannot be changed without your consent. California is a dual-consent state — districts cannot implement new IEPs without parental agreement.¹²California Education Code § 56346 requires parental consent before implementing an IEP. SERR Manual

Tip: If you attend an IEP meeting but disagree with elements, you can sign indicating your presence but note which specific elements you do not agree with.

If You Disagree

If informal conversations don't resolve your concerns, you have several formal options:¹³IDEA provides multiple dispute resolution options. CPIR: Dispute Resolution

• State Compliance Complaint — File with CA Department of Education if you believe the school violated special education law. They investigate and issue a decision within 60 days.
• Mediation — Voluntary process with a neutral mediator.
• Due Process Hearing — Formal legal hearing with an Administrative Law Judge.

See Resources for contact information and complaint forms.