Select Language: English | Spanish
Menu Close

(12.29) My child is about to turn three. At the initial IEP meeting, the school district disagrees with me about the special education services she needs. If I file for due process, will she continue to receive Early Start services until the disagreement is resolved?

(12.29) My child is about to turn three. At the initial IEP meeting, the school district disagrees with me about the special education services she needs. If I file for due process, will she continue to receive Early Start services until the disagreement is resolved?

No. If you and the district disagree at the initial IEP meeting about which services your child will need, you may resolve the disagreement by filing for due process. Until the disagreement is resolved, your child is not entitled to continue receiving early intervention services from the school district or regional center. The district may, however, offer your child fewer or other services. If you give your consent, the district must provide those services while your dispute is pending.

If your child is a regional center client, you have the option of requesting an Individual Program Plan (IPP) meeting to discuss continuation of Part C services. The regional center may continue providing services: (1) until the beginning of the next school term following your toddler’s third birthday (when the district’s special education preschool program is not in session); and (2) the team determines services are necessary until the preschool program resumes. [34 C.F.R. Sec. 300.518(c); Cal. Ed. Code Sec. 56505(d); 17 C.C.R. Sec. 52112(f).]