Legal Question in Education Law in California

San Diego Unified School discrimating against special needs students enrolled in

My son who is enrolled in a private school has received speech services from our local public school for his phonological delay.In June 2002 a 6 month IEP was sched. due to the fact that he would be attending a private school.During this meeting I was given 2 options at which time I declined to sign.It was re-scheduled forDec.3.1.I was offered a ''Free,Appropriate Public Ed.and would be able to continue with his needed''direct'' speech serv.2.Decline this offer and voluntarily stay at the private school and be entitled to their''Spec.Ed Serv.Plan'' which consist of non-direct speech services twice a year.These services would done via e-mail/phone.How will this ''service'' improve my son's speech delays that affect him academically and socially.My son is being discriminated against due to the fact that I am choosing to send him to a private school.Not only do I pay tuition(completely my choice)however I too pay taxes/bonds that are clearly distributed to the SD Unif School District.The public schools can refund any and all tax monies pd/con't to pay to parents of children enrolled in a private school with learning disabilities that would be acceptable.What rts.do we have?Is this a possible class action suit?Has one been filed already?


Asked on 11/26/02, 4:18 am

1 Answer from Attorneys
Marcy Tiffany Law Offices of Marcy J.K. Tiffany

Re: San Diego Unified School discrimating against special needs students enrolle

You are correct that you are being denied services to which your son would be entitled if he were in public school. This is consistent with federal law. Because you have chosen to place him in private school the school system has only a very limited responsibility towards him. For example the public school is not responsible for providing him with FAPE. The rationale behind this is that the public school has offered your child FAPE in a public school setting. If you choose to reject this, the school has fulfilled its responsibilty to provide your child with FAPE. Parents cannot reject FAPE in a public school setting and insist that it be provided at the private school of their choice. This is why he has a service plan instead of an IEP. That being said, the public school does have a responsibilty to provide your son with some services to the extent that they have been given funds to pay for those services. But those services need not be the same services that he would receive if he were in public school. Moreover, you do not have the same due process rights to dispute the level of services that the public school is willing to provide him. You can, however, file a complaint with the Calif. Dept. of Education. You can call them at 916-445-4632 for more information about the complaint process.

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Answered on 11/26/02, 4:30 pm


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