October 2025

How often will we have IEP meetings?

IEPs are reviewed at least once a year; those are informally referred to as “Annuals”. Parents may request a meeting at any time if concerns arise. If you request a meeting, the district must hold it within 30 calendar days (excluding school breaks of more than 5 days). Students must also be reevaluated at least every three years, called “triennials” or “re-evaluations”, unless the team agrees otherwise. Assessments can also be conducted, with mutual consent, as needs or requests arise

Can I bring someone with me to the IEP meeting?

Parents may bring an advocate, attorney, friend, or family member with them for support. Many parents find it helpful to have someone take notes or provide another perspective. If you have an attorney, they are aware they must provide the district with notice of representation and notification that they will be attending the meeting. Most districts require a district-level administrator to attend meetings when an advocate is present and require a district-level administrator and/or the district’s own attorney to attend meetings when the parent’s attorney is attending.

What does “least restrictive environment (LRE)” mean?

LRE means children with disabilities should learn alongside non-disabled peers to the greatest extent appropriate, while still receiving the services and supports they need. The exact setting depends on each child’s individual needs. In short, a child’s LRE is the least restrictive setting in which they can access and meaningfully benefit from their educational program with the supports noted in their IEP.

What if I disagree with the district’s evaluation?

Both federal and California law enable you to request an Independent Educational Evaluation (IEE) at public expense if you disagree with the district’s assessment.

If you request an IEE, the school district must either:

• agree to fund an independent evaluation conducted by a qualified examiner who is not employed by the district, or

• file for a due process hearing to prove its evaluation was appropriate.

In many cases, the district might offer a re-assessment by district personnel. Depending on the issue at hand, it may be to a parent’s benefit to rescind the request for an IEE and allow the district to reassess. That can enable new assessment to occur, and potentially get services and supports underway, much more quickly. If you disagree with the reassessment, you can still request an IEE.

Should you choose to pursue an IEE, put your request in writing to the district’s Special Education Director and the person who signed the assessment plan/report. You do not need to explain why you disagree with the district’s evaluation and the district cannot delay your request by requiring an explanation.

Once you make the request, the district must respond “without unnecessary delay.” In practice, this means the district should quickly either:

• provide you with the criteria for selecting an independent evaluator and explain how the IEE process works, or

• file for due process to defend their assessment if they refuse to fund the IEE.

If the District Refuses and files for due process, a hearing officer will decide whether the district’s evaluation was appropriate.

If the hearing officer agrees with the district, you can still obtain an IEE at your own expense and share the results with the IEP team. The team must consider it in making decisions about your child’s program.

Do I need a new evaluation if my child already has a diagnosis from a doctor?

Even if a child already has a medical diagnosis, the school district will assess to determine the educational impact of the disability.  A private medical diagnosis alone does not compel a school to provide special education services. The school will consider external evaluations but still requires its own assessment process to determine eligibility and the appropriate educational supports under IDEA. Parents can submit external reports as part of the evaluation evidence, but a formal school evaluation is typically required for the development of an Individualized Education Program (IEP) or determination of services. We recommend that parents share outside evaluations with the district as results can be compromised if the same tests are re-used within specific time frames.

September 2025

What is the difference between an IEP and a 504 Plan?

Both IEPs and 504 Plans provide support for students with disabilities, but they are not the same.

• An IEP is available to students who qualify for special education under IDEA. There is two-prong criteria for eligibility – the students must have a qualifying disability and must require specially designed instruction. It includes specific goals, services, and accommodations tailored to the student’s needs.

• A 504 Plan, based on Section 504 of the Rehabilitation Act, provides accommodations and supports for any students with qualifying disabilities, but does not include specialized instruction.

Advocates can help parents determine whether an IEP or 504 Plan is more appropriate for their child.

Can a child have an IEP and a 504 plan?

Typically, a student won’t need both and IEP and a 504 plan, because the IEP already includes accommodations. But yes — a student can legally have both when the 504 is addressing a separate, unrelated disability or a temporary condition. An IEP is focused only on the educational impact of a qualifying disability under IDEA, while a 504 plan can cover any condition (permanent or temporary) that substantially limits a major life activity, including situations that don’t require special education. Because the two laws have different scopes, a student might qualify for an IEP for one disability and a separate 504 plan for another issue that is not educational in nature. 

Examples:

1. Student with a Learning Disability (IEP) + Broken Leg (504)

• The IEP covers the student’s reading instruction due to dyslexia.

• The student then breaks a leg and needs temporary accommodations for mobility (elevator pass, extra time to get to class, a scribe for written work).

• The broken leg isn’t related to the IEP, so a short-term 504 plan may be used alongside the IEP.

2. Student with Autism (IEP) + Diabetes (504)

• The IEP provides social skills instruction, speech therapy, and academic modifications for autism.

• The 504 addresses medical needs related to diabetes: permission for snacks, blood sugar checks, nurse visits, and absences for medical appointments.

3. Student with Emotional Disability (IEP) + Concussion (504)

• The IEP supports behavioral and academic needs.

• After a sports injury, the concussion requires temporary accommodations under 504 (reduced homework load, breaks from screens, limited physical activity).

The IEP addresses educational needs tied to the qualifying disabilities. A 504 plan can supplement the IEP when there’s an additional, unrelated condition (often medical or temporary) that affects access, but not learning to the extent that special education is required. We would not advise adding accommodations needed for a non-qualifying disability to an IEP, primarily as it creates confusion when the short-term disability is resolved, and the accommodations are no longer needed.

What is the difference between an advocate and an attorney?

Attorneys provide legal representation, while advocates focus on the educational process. Some families use both - an attorney for legal matters and an advocate for ongoing school communication, IEP development, and problem-solving. Many families find advocates especially valuable for reviewing documents and preparation for meetings. Advocates do not provide legal advice, but rather support parents in understanding their legal rights regarding the IEP process.

What does a special education advocate do?

A special education advocate supports families by helping them understand their child’s rights under the Individuals with Disabilities Education Act (IDEA) and the California Education Code. Advocates guide parents through key stages of the process, including reviewing school evaluations, attending Individualized Education Program (IEP) meetings, and ensuring that services are delivered as written in the IEP.

If a school district is not fully implementing the IEP, advocates can help parents address those concerns and seek appropriate remedies. While advocates are not attorneys, they provide families with knowledge, strategies, and tools to effectively secure the supports their child is entitled to under the law.

How can an advocate help during IEP meetings?

IEP meetings can feel overwhelming, especially with multiple school staff present. An advocate can:

• Review documents before the meeting

• Help parents prepare questions and requests

• Ensure the team addresses all areas of need

• Clarify jargon and explain the school’s proposals in plain language

• Support parents in negotiating appropriate services

The advocate’s role is to make sure parents’ voices are heard and the student’s needs remain the focus of the discussion. 

August 2025

What is “special education”?

“Special education” includes instruction and related services that are specially designed to meet the unique learning needs of a child with a disability. It’s not a separate “place” but a set of services and supports that can be provided in general education classrooms, small groups, or separate settings. Services are provided at no cost to families under the Individuals with Disabilities Education Act (IDEA).

How do I find out if my child qualifies for special education?

Eligibility for special education is determined through a formal school-based evaluation. Parents have the right to submit a written request for an evaluation at any time. Once a request is received, the school district must respond within 15 calendar days (excluding school closures of more than 5 days) with either an assessment plan or a written explanation of why they are declining to assess.

After parents provide written consent to the assessment plan, the school has 60 calendar days (excluding closures of more than 5 days) to complete the evaluation and hold an initial eligibility meeting to review the results.

Can a school refuse to evaluate my child for special education?

Schools can refuse your request for evaluation, but they must provide a written explanation (called Prior Written Notice) that details why they are denying the request. Parents have the right to challenge this decision through dispute resolution options, including mediation or filing a due process complaint. An advocate can help families draft effective requests and navigate next steps if the district refuses to assess.

What can I do if the school is not following my child’s IEP?

An IEP is a legally binding document. If services, accommodations, or supports are not being provided as written, parents have the right to raise concerns. Advocates can help families request service logs, document concerns, and communicate with the school or district to ensure compliance. When lesser attempts to collaborate have been ineffective, parents can also pursue a compliance complaint with the California Department of Education.

Can you explain special education timelines?

Unless otherwise specified, the timelines in the law (e.g., 15 days, 60 days) refer to calendar days, not school days or business days. The count stops during school closures of more than 5 days.  

We recommend that parents consider the day their request is received by a district as Day 0 and count the following workday as Day 1. This aligns with broader legal practice in which the day of receipt/service is not counted; the count begins the following day. This avoids giving the parties involved less than the full time allowed.

Some advocates and attorneys like to send emails late on Friday afternoons, and count that day as Day 1, causing the district to lose 3 days of the allowable timeline (or more in the event of a school break). We do not recommend that approach as it is non-collaborative and has no added value for the student.

Here are two examples of how the counting of days works, using a 15-day timeline:

• Email from parent is received on Wednesday, April 1st. Schools are closed for spring break from April 6th though 10th.

• Day 1 is Thursday, April 2nd. Day 15 is Thursday April 16th. Because the break is only 5 days, those days are counted.

• Email from parent is received on Wednesday, October 15th. Schools are closed on Friday the 17th for a state holiday and from the 20th-24th for Fall Break.

• Day 1 is Thursday, October 16th. The count then stops (because the closure is for 6 school days) and resumes on the 27th, the next workday. The 15th day is November 9th, a Sunday. (Best practice is for the response to be sent by end-of-day on Friday the 7th.)