Costa Mesa, CA asked in Education Law for California

Q: Does my son get compensation from the speech therapy not offered to him in a public school during COVID-19?

The lisp continued to get worse.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In California, public schools are required to provide students with the necessary special education services, including speech therapy, under the Individuals with Disabilities Education Act (IDEA). If your son was denied speech therapy during COVID-19, you may have the right to seek compensatory education, which is designed to catch up a student to where they would have been if the services had been provided. This doesn't typically mean financial compensation, but rather the provision of additional services to make up for what was missed.

The process usually involves requesting an Individualized Education Program (IEP) meeting to discuss the need for compensatory services. If the school district fails to agree to provide compensatory services, you might consider filing a due process complaint. Keep in mind that each situation is unique, and outcomes can depend on specific circumstances, including documentation of the services missed and the impact on your son. For personalized advice, you should seek legal counsel who can evaluate your son's case based on all relevant details.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.