Legal Question in Education Law in California

Re: special education

Once a student is enrolled in special education, the parent cannot unilaterally remove him. In other words, you would have to get the agreement of the school district to remove him from special education. You could request an assessment and IEP meeting to determine if he is still eligible. If the school district continues to find him eligible, you could dispute that in due process.

You could also withdraw your consent for the placement and services in his IEP. However, the school district could file for due process if they believe he needs the services to which you do not agree, and they could obtain the right to give him the services without your consent. Whether the school district will bother to pursue the issue is, of course, another question.