One of the most frustrating parts of my job as an advocate is knowing or remembering the little detaily things about special education laws for the various states. I actually live in the little corner of Pennsylvania where it meets both Delaware and Maryland. I could walk to both state borders if I had to and even New Jersey is only about 15 miles away as the crow flies. (longer because I have to cross a bridge)
Then, having this site that gets a national reader audience, that knowledge expands to all 50 states. When I first started this site, I learned that IDEA actually covers students in US territories too! So, my reach is truly global.
We have laws in place that our federal government will never institute or deliver education. It will always be left up to the states. A good rule of thumb, when you’re asking yourself, “What are the California IEP laws?” or “How do the IEP laws in my state differ from IDEA?” remember this–states can do more than what IDEA calls for, but not less.
So, IDEA says that a child should be reevaluated every 3 years. My state does it every 2 if you are intellectually disabled. So that is more for the child. But a state cannot say that they’ll re-evaluate every 5 years. That would be less than IDEA.
I have found a few circumstances in states, where it certainly feels like what the state education regulation says is less than IDEA. But, I’m not a lawyer so I don’t know the details as to how it’s allowed to stand as written.
In any event, my plan is to do a few posts on the states that have quite a few differences between what their state dept of ed says, vs IDEA. Going to start with California since it’s the largest.
Please email me if you find errors. This is a guest post with information submitted by some IEP parents in California. I fact-checked most of it, but honestly couldn’t find some of it.
California vs. IDEA: What’s Different?
When it comes to special education, IDEA sets the baseline for how schools across the U.S. should support students with disabilities. But California? California likes to put its own spin on things. Sometimes, it offers more protections, and other times it just throws in a few curveballs.
Here’s the scoop on how California’s special education laws differ from IDEA and why it matters to you:
Key Differences Between California Special Education Law and IDEA
| Area | IDEA (Federal Law) | California Law |
|---|---|---|
| Eligibility Age Range | Covers ages 3-21 | California extends services to infants and toddlers (ages 0-3) through the Early Start Program and covers ages 3-22 for school-based services. |
| IEP Timeline | 30 calendar days to hold an IEP meeting after a parent request (excluding school holidays) | California requires an IEP meeting within 30 days of a parental request, including holidays, and services must be provided as soon as possible after the IEP is agreed upon. |
| Response Time for Records Requests | No specific timeline | Schools must respond to parent requests for educational records within 5 business days. |
| Independent Educational Evaluation (IEE) | Parents can request an IEE at public expense if they disagree with a school evaluation. | California follows IDEA but requires schools to respond to an IEE request within 15 days, specifying criteria for qualified examiners. |
| Behavioral Interventions | Does not specify detailed requirements for behavioral interventions | California requires Behavior Intervention Plans (BIPs) to be developed when a student’s behavior impedes learning. California also has laws about the use of seclusion and restraint. |
| Extended School Year (ESY) Services | Based on individual needs, primarily for students at risk of regression over long breaks | California is more explicit in defining who qualifies, including students with more severe disabilities or those who demonstrate regression/recoupment issues. |
| Transition Planning | Must begin by age 16 | Must begin by age 14 in California, giving students and families more time to plan for post-secondary life. |
| Specific Timelines for Assessments and Services | Evaluations must be conducted within 60 days of receiving parental consent. | California mandates assessments within 60 calendar days, not including breaks of more than 5 school days, and an IEP must be developed within 60 days after parental consent for assessment. An assessment plan must be provided within 15 days of a parent’s written request. |
| Parental Consent for Assessments | Requires parental consent for initial evaluations and some changes in services. | California requires consent not only for initial assessments but also for any reassessment. If parents do not consent, the district must attempt to resolve the issue, and if necessary, pursue a due process hearing. |
| Continuum of Services and Placement Options | Requires a continuum of placement options to be available for students with disabilities. | California specifically outlines a full continuum of placement options, including public, nonpublic, and private school placements if no public option meets the child’s needs. |
| Manifestation Determination and Discipline | Provides protections for students with disabilities facing disciplinary actions, including a manifestation review. | California clarifies requirements for manifestation determination reviews and imposes additional limitations on the use of disciplinary measures such as suspension and expulsion for students with disabilities. |
| Assistive Technology | Schools must consider the need for assistive technology devices and services. | California explicitly mandates the consideration of assistive technology in all aspects of the child’s educational program and may include them in the IEP. |
| Rights of Foster Youth and Homeless Students | Requires schools to protect the rights of all students with disabilities. | California expands protections for foster youth and homeless students, ensuring access to appropriate special education services and supports. |
| Teacher Credentialing Requirements | Requires special education teachers to be “highly qualified.” | California sets additional credentialing requirements, including specific certifications beyond federal mandates. |
Breaking Down the Key Differences–let’s take a closer look.
Eligibility and Age Range in California
California doesn’t just follow IDEA’s age range of 3-21; it extends services to include infants and toddlers from birth to 3 years old under the Early Start Program and offers school-based services up until age 22. This is particularly helpful if your child needs extra time to transition to adulthood.
IEP Timelines in California
California requires schools to develop an assessment plan within 15 days of a parent’s written request and mandates that IEP meetings must occur within 30 days, even during school breaks. Plus, if you ask for your child’s records, the school must respond within 5 business days – a huge win when you need information quickly to advocate effectively.
Independent Educational Evaluations (IEE) in California
If you disagree with a school’s evaluation, you can request an IEE at public expense. California requires the school to respond to this request within 15 days and clearly state the criteria for qualified examiners. This can prevent unnecessary delays and provide clarity on your rights.
Behavioral Intervention Plans (BIPs) in California
Got a kiddo with behavior challenges? California requires that schools develop a Behavior Intervention Plan (BIP) when a student’s behavior impedes learning. These plans must be based on data collected from a Functional Behavior Assessment (FBA). If the school is dragging its feet on this, it’s time to remind them of their obligations.
Transition Planning Starts Early in California
California mandates that transition planning for life after high school begins at age 14, two years earlier than IDEA’s requirement. This gives you and your child more time to explore post-secondary goals and plan accordingly.
Discipline and Manifestation Determinations
California has additional protections for students with disabilities facing disciplinary actions. Schools must conduct a manifestation determination review to ensure the behavior is not related to the student’s disability. The state also limits the use of suspension and expulsion, making it harder for schools to remove students from their educational settings without proper cause.
Extended Services and Continuum of Options
California not only requires a range of placement options but also has provisions for nonpublic school placements if no public option meets the child’s needs. This ensures that every child gets the best possible setting for their education, even if it means looking outside the public system.
Rights for Foster and Homeless Youth
California offers extra protections for foster youth and homeless students to ensure they have access to appropriate special education services. This is crucial because these students often face additional challenges that can impact their education.
How to Get an IEP in California
The process remains the same, it’s just the California IEP timelines that are a bit different. Request, in writing, that your child be evaluated for special education services.
Why Does This Matter?
Because knowing these differences can give you a powerful edge in advocating for your child. When the school says, “We don’t do that here,” you can confidently reply, “Actually, California law says you do.”
And if they look at you like you’ve grown two heads? Well, you have two choices. If you have the regs there with you, yeah, I’d bring them out and show them. Or, ask them to show you where it states whatever it is that they are saying.
If you’ve been following me for a while, you know that I’m not generally a fan of parents pointing to laws as an advocacy strategy. But, knowing the laws is extremely important.
Resources to Keep Handy
- Spreadsheet with IEP Laws for All 50 States
- California Department of Education (CDE): Their website is packed with resources, including the “California Special Education Law & Regulations” guide. I’ve also provided it below.
- The IEP Toolkit: Our toolkit includes templates, letter examples, and a step-by-step guide to getting what your child needs under both IDEA and California law.
California’s regulations may seem like just another layer of bureaucracy, but they’re actually there to help ensure your child gets the education and services they deserve. So, keep this guide close, stay informed, and don’t hesitate to advocate fiercely for your kid.
Remember, if you feel like you’re in over your head, you’re not alone. Stick around, and I can help guide you through this.
A special note to California residents: My online training program is a approved for reimbursement from some parent training centers. Email us at IEP at adayinourshoes dot com for more information.
