Legal Question in Education Law in California

My son has Autism and is a special education student. We just recently moved to Lancaster, CA and he has been attending schools here. My concern is that everytime he has had an IEP meeting, it is constantly being modified in the favor of the schools and not the student. For example, the first school he attended while we were in the process of moving down to Lancaster, made me aware that they had not many services to provide him and when I recieved his IEP it was modified to the services they did have which did not include social skills or language. The next school he attended did nearly the same, although he was not reading and doing math at a 3rd grade level, he was thrusted into it as well as put in the general ed setting. I have grown weary and fear my son is going to slip through the cracks. Please tell me what can I do or what should i do.


Asked on 9/15/11, 4:17 pm

2 Answers from Attorneys

Marcy Tiffany Tiffany Law Group, P.C.

Your child is entitled to receive the services he needs, not the services that the school district happens to have available. If the district does not have some services available in-house, then they need to contract with an outside service provider. Without knowing more about your case and reviewing relevant documents, it is not possible to give you specific advice on what you should do. You really need to consult an attorney who specializes in that area. Feel free to contact my office and set up an initial consultation, free of charge. For more information about my firm and our intake process, go to my website at tiffanylawgroup.com.

Marcy Tiffany

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Answered on 9/15/11, 4:32 pm
Andrew Harrell W. Andrew Harrell, Attorney at Law

First, be sure that you have an assessment done by a competent, credible clinical psychologist that documents your son's disability and educational needs. Second, make an appointment with a member of the school board, make your case, demand a program that complies with state law that meets your son's needs--not the needs of the school system. Third, since there is a time urgency as far your son's education is concerned, give them a deadline in which they need to comply with the law. Fourth, be prepared to sue the school district if your son's needs aren't met.

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Answered on 9/15/11, 4:35 pm


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