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(9.44) What if I am told the juvenile school does not have enough resources, space, or staff to provide my child’s IEP services?  

(9.44) What if I am told the juvenile school does not have enough resources, space, or staff to provide my child’s IEP services?  

Juvenile facilities are required to provide special education and to provide related services consistent with students’ IEPs.[1] Similarly, schools within juvenile detention centers must provide education in the least restrictive environment, which means that students with disabilities must participate in education with their nondisabled peers to the maximum extent appropriate.[2]

If the juvenile court school is not providing your child with a free appropriate public education in the least restrictive environment, you have the right to file for a Due Process hearing or a noncompliance complaint with the California Department of Education. Like neighborhood schools, juvenile court schools must provide notices of parental rights which include descriptions of Due Process and noncompliance complaints. See SERR Chapter 6, Information on Due Process/Compliance Procedures. 

  1. 20 U.S.C. Sec. 1412(a)(1)[]
  2. 20 U.S.C. Sec. 1412(a)(5)(A)[]