Q: Does school administrators have a right to change a special education student's safety plan?
What I'm asking is if school administrators have a right to change a special education student's safety plan like for an example let's say the student's safety plan has a school psychologist on it and the School administrators take that school psychologist away from that student for no reason and doesn't tell the parents or student that they changed the safety plan without permission
A:
In California, any changes to a special education student's safety plan, which is part of their Individualized Education Program (IEP), typically require a team decision. This team usually includes the student's parents, teachers, and relevant school staff. School administrators do have the authority to propose changes, but these changes should be discussed and agreed upon during an IEP meeting.
If a school psychologist or any other service is removed from a student's safety plan without an IEP team meeting and without parental notification, this could be a violation of the student’s rights under the Individuals with Disabilities Education Act (IDEA). The IDEA ensures that students with disabilities receive appropriate educational services, including safety plans tailored to their needs.
If you find that a safety plan has been altered without proper procedure, you have the right to request an IEP meeting to discuss these changes. Additionally, you may also consider consulting with an advocate or attorney who is knowledgeable in special education law to ensure that the student's educational rights are being upheld.
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.
