1. SPECIAL EDUCATION
Presented by: Cindy Rodas, Education Advocate

3. Learning Objectives

4. 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?

5. 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.

6. 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

7. What is special education?

8. 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 §
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 §
A child has a right to a free, appropriate public education (“FAPE). Cal. Educ. Code §
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 §
Add Picture
Education Manual, Page 16

9. Who has the legal authority to make education decisions?

10. 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

11. 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

12. Prohibited Education Rights Holders
Who cannot hold education rights?
Social worker
Probation officer
Group home staff
Therapist
Attorney
School staff

13. What are the warning signs that a child might need special education?
Megan starts

14. 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

15. Records Request See Handout 1: Records Request
See Handout 2: Education Records Review Grid
Education Manual, Page 5

16. How to get help?

17. 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

18. 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

19. 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.
-Review AP
-SST’s
-Written Refusals
Education Manual, Page 17

20. 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),
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

21. Common Assessment Refusals & Rebuttal
The school must assess every area of suspected disability, even if the child is ultimately found inelegibale for an IEP.
He’s too new to the school for us to assess.
He won’t be eligible because of attendance problems.
We don’t think he will be eligible
We need to try other interventions first
Education Manual, Page 17

22. Preparing for the IEP Meeting

23. 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

24. 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?

25. If you have exhausted every outlet, seek help.
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) or visit our website:

26. If you have exhausted every outlet, seek help.
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) or visit our website: