Bellflower, CA asked in Civil Rights and Education Law for California

Q: If my child has a iep should the iep team also mention my child also having a intellecual disability at the iep meetings

The first time i remember hearing my child has an intellecual disability was over 7 years ago since then it has never been mention again but yet its writen in her iep when i asked the teacher about why was this never talked about before she said cause parents some times can't handle hear stuff like that and then she ask me if i want her to bring it up at the next iep meeting i said yes so this teacher new about my child also having (ie) cause she said she knew about it cause its in the iep and she read it on her computer screen all the teachers my child had since all knew about it but yet it was never ever disscussed at any of the iep meeting

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

A: Under California law, if a student has an Individualized Education Program (IEP), the IEP team should discuss all relevant information about the student's disabilities, including any intellectual disabilities, during the IEP meetings. The purpose of an IEP meeting is to comprehensively review the student's needs, goals, and accommodations to ensure they receive a Free and Appropriate Public Education (FAPE).

If your child has been diagnosed with an intellectual disability, it should be regularly discussed and considered by the IEP team when making decisions about your child's educational program, goals, and support services. The intellectual disability should be mentioned in the IEP document itself, as it is a crucial factor in determining the appropriate educational plan for your child.

If the intellectual disability has not been discussed in recent IEP meetings despite being mentioned in the IEP document, you have the right to raise this concern with the IEP team. You can request that the team review and discuss your child's intellectual disability and its impact on their education during the next IEP meeting. If necessary, you may also consider seeking the assistance of a special education advocate or attorney to ensure that your child's rights are being protected and their needs are being adequately addressed.

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