Parents pay no attorney's fees in special education cases. Under IDEA, when parents prevail in a due process hearing or settlement, the school district pays attorney's fees. Start with a free consultation to evaluate your case.
Natashe Washington is your attorney and primary point of contact throughout your case. You work directly with her, not a paralegal or junior attorney.
A due process hearing is a formal legal proceeding before an administrative law judge at the Office of Administrative Hearings (OAH). It's similar to a trial—both sides present evidence, call witnesses, and make legal arguments. However, most cases settle before reaching a hearing through negotiation or mediation.
FAPE stands for Free Appropriate Public Education. It's the cornerstone of IDEA—your child's right to an education designed to meet their unique needs and provide meaningful benefit. The IEP must be reasonably calculated to enable progress appropriate in light of the child's circumstances.
LRE stands for Least Restrictive Environment. Federal law requires that children with disabilities be educated with non-disabled peers to the maximum extent appropriate. Removal to separate classrooms or schools should only occur when education in general education cannot be achieved satisfactorily, even with supplementary aids and services.
Timeline varies. Some cases resolve in weeks through negotiation. Mediation typically occurs within 30-60 days of filing. Due process hearings are scheduled within 45 days of filing, with a decision due within 45 days of the hearing. Many cases settle during the resolution session or mediation phase.
Bring all IEP documents, assessment reports, progress reports, report cards, relevant medical or psychological evaluations, and any correspondence with the school district. The more information you share, the better we can assess your case.
Yes. Parents can request an assessment at any time by submitting a written request to the school district. The district must respond within 15 days—either providing an assessment plan or explaining in writing why they won't assess. Districts have 60 days (not including breaks over 5 days) to complete the assessment once you provide consent.
An IEE is an assessment conducted by a qualified professional who is not employed by the school district. If you disagree with the district's assessment, you have the right to request an IEE at public expense. The district must either fund the IEE or file for a due process hearing to defend its assessment.
Compensatory education refers to services awarded to make up for a district's failure to provide FAPE. If a school didn't provide appropriate services, your child may be entitled to additional tutoring, therapy, extended school year, or other services beyond what the current IEP provides—even after graduating or aging out.
Yes. Parents have the right to bring anyone with knowledge or special expertise about their child, including advocates, educational consultants, therapists, or attorneys. You should notify the district in advance if you plan to bring an attorney.
You don't have to sign an IEP you disagree with. You can request another IEP meeting, request mediation, file a compliance complaint with the California Department of Education, or file for due process. Signing the IEP gives consent for the district to implement it.
IEPs must be reviewed at least annually. Assessments (triennial evaluations) must be conducted at least every three years. However, you can request an IEP meeting or additional assessments at any time if you have concerns about your child's progress or needs.
A 504 plan provides accommodations in general education under Section 504 of the Rehabilitation Act (a civil rights law). An IEP provides specialized instruction and related services under IDEA (an education law). IEPs are for students who need specialized instruction; 504 plans are for students who need accommodations but not specialized instruction.
Yes. The practice handles special education cases throughout California. While the office is in Oakland, cases are conducted statewide, including at OAH locations across California.
If your child attends private school because the district could not provide FAPE, you may be entitled to reimbursement for tuition and related costs. This typically requires showing that the district's offer of FAPE was inappropriate and that the private placement is appropriate.
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