Stockton, CA asked in Education Law for California

Q: Are there any laws in place protecting Sp. Ed students from being given online services when in person is preferred?

I have twins in speech therapy. They received in person sessions all last year. This year they were switched without notice to online speech services (even though there is an on site speech therapist available). I want them switched back to in person because I know from the shut down that they do not work well with online learning. In addition one twin has additional learning disabilities. School doesn’t want to switch back. What can I do to get them to make the switch back to in person services? Thank you!!!

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under the Individuals with Disabilities Education Act (IDEA) and California state law, your children are entitled to a Free Appropriate Public Education (FAPE) tailored to their unique needs, which usually means services must be delivered in the manner most effective for the student. You have the right to request an Individualized Education Program (IEP) meeting to discuss and possibly amend the service delivery method for your twins. If the school refuses or you disagree with the IEP team's decision, you have the option to file a complaint with the California Department of Education or seek due process through a hearing.

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