Benjamin G. v. California Special Education Hearing Office

IDEA, the federal Individuals with Disabilities Education Act ( 20 U.S.C. § 1400 et seq.) and the concomitant California special education programs (Ed. Code, § 56000 et seq.) were enacted to make public education available to children with disabilities and other exceptional needs. To that end, a potentially eligible child is identified, then assessed by his school district to determine his eligibility, and an individualized education program is prepared. Parental input is sought at every stage, and parents have a statutory right to challenge the district’s eligibility assessment or proposed placement or both. If the parents contest the district’s assessment, they have a right to an independent educational assessment at the district’s expense. If the parents disagree with the district’s proposed placement, the parents may unilaterally enroll their child in a private school and seek reimbursement from the district.

When disputes arise, parents have the right to an administrative hearing at which they may present evidence, including testimony by independent experts. If the challenge is to the district’s eligibility finding and the parents have obtained an independent…