Legal Question in Education Law in California

what the school is disregarding the IEP requirements agreed by teachers, principal and signed

but none of this is being done. My 11 year old son has difficult time with reading and comprenhending despite written agreement to be tested verbally and not spelling he is graded on written work and spelling .

Asked on 3/04/10, 10:23 am

3 Answers from Attorneys

Andrew Harrell W. Andrew Harrell, Attorney at Law

Having read your email, I can appreciate the problem. What do you want done? Give my office a call (805) 549-7745. What school system is your son enrolled in.

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Answered on 3/09/10, 10:33 am
Michelle Ball Law Office of Michelle Ball


The IEP (Individualized Education Program) is a legally binding document. Once it is written and signed, districts/schools are legally obligated to follow it and to provide the services outlined. Often parents have difficulty getting proper services into the IEP and then getting the IEP followed. That is where an attorney comes in.

You have a LOT of legal rights here, and can file a Special Education Due Process Hearing request with the state, a Compliance Complaint with the State Department of Education, or pursue another resolution (e.g. negotiated outcome). Having a California education attorney is very important in dealing with these issues and can turn things around. Do not let them go one more month without implementing the services in your son's IEP!

Best of luck.

Michelle Ball

Education Attorney for Students since 1995

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Answered on 3/09/10, 11:39 am
Marcy Tiffany Tiffany Law Group, P.C.

While you have a right to have the IEP implemented, it sounds like the school district is simply accommodating your child's disability - not remediating it. While it may be appropriate in the short term to test a child verbally if the child is unable to read and comprehend, the more fundamental question is what is the school district doing to teach your child to read properly. The California Reading Initiative makes it clear that schools must use appropriate, specialized reading programs in order to remediate reading deficits. Simply trying to teach reading as part of the general curriculum won't work. You should consult a special education attorney to help you determine if your IEP is appropriate, in addition to the implementation issues.

Marcy Tiffany

Wyner & Tiffany

970 W. 190th Street, Suite 302

Torrance, CA 90502

310-225-2880 x304

[email protected]

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Answered on 3/09/10, 12:29 pm

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