SPECIAL EDUCATION

Presented by: Cindy Rodas, Education Advocate

Megan Stanton-Trehan, Education Attorney
LEARNING OBJECTIVES
You will be able to identify:

• Who is an appropriate education rights holder?

• Common warning signs that a child might need special
education and related services?
• How to request a special education assessment?
• How to prepare for an IEP meeting?
 Foster Youth and Special Education
Nearly 1 in 5 students in foster care are classified with a
disability, twice the rate of the statewide population.

Source: Barrat, V. X., & Berliner, B. (2013). The Invisible Achievement Gap, Part 1: Education Outcomes of Students in
Foster Care in California’s Public Schools. San Francisco: WestEd.
The Truth About Children who Need an IEP
All children develop and learn in different ways.

Being eligible for special education services does not mean that
the child is “dumb” or cannot learn.

It means the child learns in different ways, and/or needs

specialized services to assist with their learning.

Education Manual, Page 2

WHAT IS SPECIAL EDUCATION?
What is Special Education?

• Under the Individuals with Disabilities Education Act (IDEA), a child with a
disability has a right to special education and related services. The disability must
prevent the child from benefiting from their education. 20 U.S.C. §1400, et seq., Cal Educ.
Code § 56026.

• Special education must be individualized to meet a child’s unique needs. A child’s

program is described in his or her Individualized Education Program (“IEP”). Cal.
Educ. Code § 56031.

• A child has a right to a free, appropriate public education (“FAPE). Cal. Educ. Code § 56026.

• Eligibility can start as young as 3-years old, and last through either receiving a
high school diploma, or the semester after a child turns 22-years old. Cal. Educ. Code §
56026.

Education Manual, Page 16

WHO HAS THE LEGAL AUTHORITY
TO MAKE EDUCATION
DECISIONS?
What are education rights?

• An Education Rights Holder (ERH) has the legal right to

make education-related decisions for a child,
including:
• Requesting records,
• Requesting special education assessments, and
• Consenting to special education services and placements in
the Individualized Education Program (IEP).
• An IEP is a contract between the ERH and the school
district for special education services.

Education Manual, Page 4

Who can be an ERH?
• Biological Parents (from birth)
• Automatically:
• Legal Guardians
• Adoptive Parents
• With a court order (JV 535 or minute order)
• Prospective Adoptive Parents
• Foster Caregivers
• Relative caregivers
• CASA
• Court-trained volunteer
• If you are unsure who holds education rights, ask the child’s court-
appointed attorney or social worker.

Education Manual, Page 4

Prohibited Education Rights Holders
Who cannot hold education rights?
 Social worker
 Probation officer
 Group home staff
 Therapist
 Attorney
 School staff
WHAT ARE THE WARNING SIGNS
THAT A CHILD MIGHT NEED
SPECIAL EDUCATION?
Signs:
• Poor grades or attendance
• Problems with memory or attention
• Difficulty with classroom activities such as writing, reading or
doing math
• Behavior problems, such as acting out when frustrated or being
defiant
• Social or emotional problems
• Speech and language problems, such as poor vocabulary,
sentence structure, or problems pronouncing words/sounds

Education Manual, Page 16

Records Request
• See Handout 1: Records Request

• See Handout 2: Education Records Review Grid

Education Manual, Page 5

HOW TO GET HELP?
Requesting An Assessment

• What is the standard for assessing a child for special

education? A suspected area of disability. This is a
very low standard, requiring only a suspicion that a
disability may be preventing the child from accessing
his or her education. Cal. Educ. Code § § 56301, 56320

• Who can refer a child for a special education

assessment? Anyone. Cal Educ. Code § 56029,

Education Manual, Page 17

Requesting an Assessment
• How do you make the request?
• Submit the request in writing.
• See Handout: Assessment Request

• What should the assessment request include?

• Identify the suspected disability (i.e. areas of
educational concern)
• Identify assessments needed
• ERH contact information
Types of assessments:
• Psycho-Educational, including:
• Cognitive/IQ
• Academic
• Psychological processing including visual, auditory, sensory motor and
attention processing
• Social, emotional, behavioral
• Health and physical development including hearing and vision
• Speech and language by a speech and language pathologist
• Fine motor and/or sensory processing by an occupational therapist
• Functional Behavior Assessment
• Educationally Related Mental Health Services (ERMHS) Assessment.

Education Manual, Page 17

Assessment Timeline
• From the date the school receives the written assessment request, it has 15
calendar days respond in writing. Cal. Educ. Code §§ 56043(a), 56321.

• Assessment Plan:
• The Assessment Plan must include all assessments requested. Cal. Educ. Code § 56321
• Only the ERH can consent to the special education assessments.
• The ERH has 15 calendar days to review, sign and return the Assessment Plan to the school.
Cal. Educ. Code § 56043(b).
• The school has 60 calendar days from the date the signed assessment plan was received to
complete the assessments and hold an IEP meeting. Cal. Educ. Code § 56043(c).

• Written Refusal Letter:

• If the school refuses to assess, it must identify in writing:
• Which assessment(s) are being denied
• Why the assessment(s) are being denied
• What interventions will be used in lieu of conducting the assessments

Education Manual, Page 17

Common Assessment Refusals & Rebuttal
He won’t be
We don’t think
eligible because
he will be
of attendance
eligible
problems.

We need to try He’s too new to

other The school must the school for
interventions
first assess every area of us to assess.

suspected disability,
even if the child is
ultimately found
inelegibale for an
IEP.
Education Manual, Page 17
PREPARING FOR THE IEP
MEETING
 Before the IEP Meeting you should:
• Request a copy of the assessment reports 5-business days
before the scheduled meeting
• Review assessment reports
• Discuss the education concerns with the caregiver, ERH, mental
health professionals and others working with the child
• Bring a list of questions and concerns to the IEP meeting

Education Manual, Page 17

PLEASE ATTEND THE IEP
WORKSHOP SCHEDULED ON
11/08/16!
Learn about what an IEP is; the different kinds of IEP’s;
components and much more!
Overview:
• Who is an appropriate education rights holder?
• Common warning signs that a child might need special
education and related services?
• How to request a special education assessment?
• How to prepare for an IEP meeting?
For more help…

If you have exhausted every outlet, seek help.

• Ask the minor’s attorney to complete a referral for a 317(e) attorney to

be appointed

• Call the Alliance for Children’s Rights (213) 368-6010 or visit our website:
www.kids-alliance.org