Requesting A California Special Education Assessment

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Federal and state laws require that public schools in California provide education to all children in the state regardless of disabilities. School districts are responsible for implementing and continuing special education programs which meet state and federal standards in order to serve children with physical disabilities, emotional disabilities or other needs which would require a special education curriculum or resources. For many parents, the first step at ensuring that their child receives the educational support they need at school in order to succeed is the completion of a California special education assessment. If you have had trouble with this process, you don’t have to go it alone. Call the Kosnett Law firm today to speak to one of our experienced special education legal professionals. We can be reached online or at (310) 751-0446 and we are proud to aggressively advocate for parents and children across the state of California and the country.

What is a special education assessment?

Under the California Education Code, Section 56300 and 301, California school districts have the legal obligation to “identify, locate and evaluate” all children with disabilities who may be eligible for special education services. A special education assessment is a formal part of the “evaluate” obligation schools have under California law. California state law requires that your school district give you an individual assessment plan for your child within 15 days of their receipt of a letter requesting an assessment (more on that below). You then have 15 days to respond to or approve of the assessment plan offered by the district, and once approved by a parent, the district has 60 days (including days that school is not in session) in which to complete the assessment.

How do I request a special education assessment for my child?

In order to request a special education assessment you’ll need to draft a request letter (please note that there is one letter required for children over the age of 3, and a separate early intervention letter required for children under the age of 3).

The letter will need to outline your child’s name, school information and that you are requesting a comprehensive assessment to be performed in order to determine if your child is eligible for special education services under the Disabilities Education Act or Section 504 of the Rehabilitation Act of 1973. The letter will also need to detail out the reason(s) you are requesting the evaluation and any official diagnoses received from medical professionals.

These letters can sometimes be difficult to draft, and school districts may not always follow up with parents as they should, which is why it’s important to involve a local and experienced education and special education lawyer as early as you can in the process. Kosnett Law firm is here to advocate for you and your child.

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