A question many parents have is “What diagnoses qualify for an IEP?” Those in need of legal guidance and support should consider visiting with the Law Office of Paul A. Hefley, Jr ..read more

If you are concerned whether your child is receiving a free appropriate public education, check out this FAPE checklist. The Law Office of Paul A. Hefley, Jr., can help if you still have concerns ..read more

How often is an IEP reviewed? A San Diego special education attorney explains here ..read more

Parents of children with special needs may wonder, “Will an IEP hurt my child?” Click here to learn more ..read more

The Complete Guide To Understanding FAPE (Free Appropriate Public Education) Click here to learn more ..read more

On October 1, 2021, the Office of Governor Gavin Newsom announced that following full FDA approval of the COVID-19 vaccine for their grade span (7-12 and K-6), California students will be required to be vaccinated in order to continue attending in-person learning.   ..read more

Like parents and legal guardians, school districts can file a request for due process hearing with the California Office of Administrative Hearings (OAH). When school districts file a request for due process hearing, they name the student as the Respondent. Of course, because OAH has limited jurisdiction (meaning it can only hear certain types of claims) to enforce the IDEA and corresponding state education law, school districts are only able to bring certain types of claims before OAH. The same holds true for parents.  ..read more

An IEP, or Individualized Education Program, is a written statement (typically, a multi-page document) that provides an individualized educational program for a student with specials needs. An IEP must adequately address a student's unique needs and must be reasonably calculated to enable the child to receive educational benefit. An IEP is the delivery tool of special education. It is through the implementation that a school district provides a free appropriate public education (its legal requirement) to the student requiring special education. Special education is instruction specially d ..read more

A statute of limitations is a law passed by a legislative body that limits the length of time following an event that a litigant may initiate legal proceedings. In California, the statute of limitations for bringing a special education dispute before the California Office of Administrative Hearings ("OAH") is two years. Ed. Code, § 56505, subd. (l); 20 US.S.C. § 1415(f)(3)(C). However, there are two key exceptions to this general rule ..read more

In California, special education due process hearings apply the preponderance of evidence standard. What this means in practical terms is that the plaintiff, typically, the child's parents, must convince the Administrative Law Judge ("ALJ") that it is more probable than not that the school district failed to provide their child with a free appropriate public education on the specific ground or grounds alleged (e.g., inappropriate placement) in the complaint.  ..read more