Santa Rosa, CA asked in Education Law and Civil Rights for California

Q: What are some special education rights for students regarding specific preferred Individuals.

What are some special education rights for students regarding specific preferred Individuals as their mental health service provider.

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2 Lawyer Answers
Michelle Alissa Ball
Michelle Alissa Ball
  • Education Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Special education students have tons of rights, and in fact most parents have no idea how powerful their rights are.

They can get free mental health, educational, behavioral, speech, and other services through their local school district if they qualify. Most schools slack, and parents are unaware of the power they have to help the student. Special education can be the difference between success and failure for some students, so parents should exercise these rights, when possible.

Here is a link to more information on many rights they have

Best of luck.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, students with disabilities have the right to receive a Free Appropriate Public Education (FAPE) that meets their unique needs. This includes access to mental health services when such services are required as part of their individualized education program (IEP) or 504 Plan. The law allows for collaboration between families and educational teams to identify the most appropriate providers and interventions to support the student's educational and mental health needs.

When it comes to choosing specific individuals as mental health service providers, families can express their preferences during IEP or 504 Plan meetings. While the school district is required to consider parental input and preferences, the ultimate decision on the provider must also take into account the qualifications, availability, and the ability of the service provider to meet the student's educational and mental health requirements as outlined in their IEP or 504 Plan.

It's important for you to actively participate in the planning and decision-making processes for your child's education and mental health services. Advocating for your child’s needs and expressing any preferences for mental health service providers during IEP or 504 Plan meetings can help ensure that your child receives the most suitable support. Always remember, collaboration and open communication with the educational team are key to securing the best outcomes for your child.

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