California Special Education Parent Rights

California special education rights come from two sources:

• IDEA (Individuals with Disabilities Education Act) — the federal law that guarantees all children with disabilities the right to a Free Appropriate Public Education (FAPE).
• California Education Code — California's state laws, which in many cases provide stronger protections than the federal minimum. When the two conflict, whichever gives you more rights applies.

• Right to request an evaluation: You can request an evaluation of your child in writing at any time. The district must respond within 15 calendar days with either a written Assessment Plan or a written explanation of why they are refusing.
• 60-day timeline: After you provide consent for an initial evaluation, the district has 60 calendar days to complete the assessment and hold an IEP meeting.
• Evaluation in your child's native language: Assessments must be conducted in the language your child uses most, using tests that are not culturally or racially discriminatory.
• Right to an Independent Educational Evaluation (IEE): If you disagree with the district's evaluation, you can request an IEE at public expense. See our IEE Guide.
• Right to see all evaluation reports in advance: You must receive copies of evaluation reports before the IEP meeting at which they will be discussed.

• Right to participate as an equal team member: You are a required member of the IEP team, not a guest. The team cannot make final decisions without giving you a meaningful opportunity to participate.
• Right to an interpreter: If English is not your primary language, the district must provide a qualified interpreter at no cost.
• Right to bring a support person: You can bring anyone you choose — a spouse, friend, advocate, attorney, or anyone with knowledge about your child. The district cannot exclude them.
• Right to record the meeting: California parents have the right to audio-record IEP meetings. You must give the district at least 24 hours' notice if you plan to record.
• Right not to sign the IEP at the meeting: You are never required to sign the IEP document the same day. Take it home and review it first.
• Right to consent to parts of the IEP: You can consent to some portions of the IEP while declining others.

• Right to FAPE: Your child is entitled to special education services specifically designed to meet their unique needs, at no cost to your family, in the least restrictive environment (LRE).
• Right to LRE: The district must educate your child alongside non-disabled peers to the maximum extent appropriate. Removal from general education requires specific justification.
• Right to Extended School Year (ESY): If your child would significantly regress over summer without services, they are entitled to ESY — this is not the same as summer school and must be offered when needed.
• Prior Written Notice: Any time the district proposes or refuses to change your child's identification, evaluation, placement, or services, they must provide written notice explaining why. See our PWN guide.

• Right to inspect and copy all education records: The district must provide you access within 5 business days of your request.
• Right to an explanation of records: You can request that the district explain any record you don't understand.
• Right to request corrections: If you believe a record contains inaccurate or misleading information, you can request it be amended.

• State Complaint: File a written complaint with the California Department of Education (CDE). The CDE investigates and issues a decision within 60 days. Free to file, no attorney required.
• Mediation: Voluntary, free, and confidential process facilitated by a neutral mediator. Faster than due process. Agreements are legally binding.
• Due Process Hearing: A formal hearing before an administrative law judge at the California Office of Administrative Hearings (OAH). The strongest legal tool available, but also the most adversarial.

For the complete list of all 29 rights with legal citations, visit the Know Your Rights page.