Legal Question in Education Law in California

Re: Special Education

The IEP is the only mechanism for obtaining services or changing his placement. If you are concerned about his progress, you should request an IEP meeting to discuss his need for additional support. At the IEP meeting, you can request that his placement be changed back to the SDC class.

That being said, you should proceed with great care before placing your son in an SDC class. The problem is that the SDC class typically does not provide the same level of instruction as a regular education class. In addition to modifying the curriculum, the testing and grading are also modified. Thus, your son may get excellent grades in the SDC class, but really be failing as compared to students in a regular education class. The result is that he may never be able to return to regular ed because he will fall hopelessly behind. If your son has normal intelligence, SDC is probably not a good choice.

An alternative might be an RSP (resource) placement for particular subjects, which is designed to provide extra academic help to students struggling with the general ed curriculum.

If you are unable to obtain what you believe to be appropriate placement and services for your son in the IEP, you can file for due process, where you can dispute the placement and have a judge decide whether the school district's placement offer is appropriate.

Re: Special Education

There may be something that can be done if you want to contact my office.

Best,

Daniel Bakondi, Esq.

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