How to get special education services for your child in California

This page is general information, not legal advice. For all your child's school rights, see Your child's rights in California public schools.

Can my child get special education without papers?

Yes. Every child has the right to a free public education, whatever the family's status (Plyler v. Doe). The federal special education law requires states to find and evaluate all children with disabilities residing in the state, including children who are homeless or in foster care, and children who are passing from grade to grade (34 CFR 300.111). It says nothing about immigration status.

California schools may not collect immigration status except as the law requires (Education Code 234.7). The assessment and services are free.

About public charge. Many parents worry that services will hurt a future green card. Public charge rules focus on certain public benefits; special education is part of your child's free public schooling. The USCIS public charge chapter does not name special education. If you are applying for a green card or plan to soon, talk to a free legal clinic before you stop any service. See Public charge and benefits: the complete guide.

What kinds of help are there?

An IEP (Individualized Education Program) is a written plan for a child who has a disability and needs special teaching or related services, like speech, occupational therapy, counseling or a classroom aide. In California, special education covers children from age 3 through 21 who have not earned a regular high school diploma, and younger children who need intensive services (Education Code 56026).

A 504 plan comes from a federal civil rights law. It covers students with a physical or mental condition that substantially limits a major life activity, like learning, reading, focusing or walking. It gives supports such as extra test time, a quiet space, or help with medicine. The U.S. Department of Education says schools must provide a free appropriate public education to each qualified student with a disability.

Not sure which one fits? Ask for an assessment. The team will look at both.

How do I ask for an assessment?

1. Write a short letter or email to the principal or the special education office. Say what worries you, and that you are asking for a special education assessment. Date it. Keep a copy.
2. Hand it in or email it. Ask for a stamped copy or a reply email showing the date.
3. Write down what you see at home: when the problem started, what makes it better or worse, and what teachers have told you.
4. Gather papers: report cards, teacher notes, doctor or therapist reports, and samples of your child's work.

Why in writing? The California clock runs from the date the school receives the referral (Education Code 56043). A dated letter proves the date.

You can ask at any age and any grade, even if your child is passing classes. Child find covers children "advancing from grade to grade" (34 CFR 300.111).

What happens after I ask?

These timelines come from Education Code 56043. Days between school terms, and school vacations longer than 5 school days, are not counted.

The school must explain its decisions in writing. Before the school starts or refuses to start an assessment or service, or changes one, it must send you prior written notice that says what it plans and why. The notice must be in plain language and in your native language unless that is clearly not feasible (34 CFR 300.503).

If the school says no to an assessment, ask for that answer in writing.

What happens at the IEP meeting?

The team includes you, a regular teacher (if your child is or may be in regular classes), a special education teacher, a district representative, someone who can explain test results, and your child when it fits (34 CFR 300.321). You are a full member.

• You must understand the meeting. The school must arrange an interpreter if your native language is not English, or if you are deaf (Education Code 56341.5).
• The time must work for you. Meetings are set at a mutually agreed time. You can join by phone.
• You get a free copy of the IEP.
• You can bring people who know your child: a relative, a counselor, a friend or an advocate.

The team decides whether your child qualifies and, if so, writes goals and lists services, how often, and where. You do not have to sign the whole IEP at the meeting. You can take it home, ask questions, and consent in writing to the parts you agree with. The school must carry out those parts (Education Code 56346).

Starting high school. Since July 1, 2025, IEP teams should plan for life after school (work, college, living skills) beginning when a student starts high school, and no later than 16 (Education Code 56341.5).

What if my child is under 3?

California's Early Start program serves babies and toddlers from birth to age 3 who have developmental delays or are at risk of a developmental disability. The state's 21 regional centers check eligibility and arrange services, per the Department of Developmental Services.

To start, call the Early Start Baby Line at 800-515-2229 or email earlystart@dds.ca.gov. DDS also has a regional center lookup on that page. The DDS page does not mention immigration status. Ask the regional center if you have questions.

Before age 3, ask about moving into school district services so there is no gap.

Can an English learner get special education?

Yes, when the concern is more than learning English. California law says a child does not qualify for special education if their needs come mainly from limited English (Education Code 56026). But English learners can also have a disability, and the school must look carefully.

Ask that testing be done in your child's strongest language when possible, and that the evaluator explains how they ruled language in or out. See Help for newcomer and English learner students.

What if I disagree?

Start simple, then go further if you need to.

1. Put your concerns in writing and ask for another IEP meeting. The school must hold it within 30 days.
2. Ask for an independent educational evaluation (IEE). If you disagree with the school's testing, you have the right to an outside evaluation at public expense. The school must either pay for it or file for a hearing to defend its own testing, without unnecessary delay. You get one IEE at public expense each time the school does an evaluation you disagree with (34 CFR 300.502).
3. Ask for mediation or a due process hearing with the Office of Administrative Hearings. OAH does not give legal advice, but it posts lists of free or low cost attorneys and advocates.
4. File a complaint if the school is not following the law. If your child is treated unfairly because of a disability, see How to file a discrimination complaint against a school.

If your child is facing discipline: before a school changes the placement of a student with an IEP because of behavior, it must hold a meeting within 10 school days to decide whether the behavior was caused by the disability (34 CFR 300.530). Ask for help right away.

What mistakes should I avoid?

• Asking only out loud. A hallway talk does not start the clock.
• Waiting for the school to notice. You know your child.
• Signing everything at the first meeting if you have doubts.
• Missing meetings. Ask for a phone or video meeting, or a new time.
• Letting your child interpret at their own IEP meeting. Ask for an interpreter.
• Losing papers. Keep a folder with every letter, plan and report, in date order.

Questions people ask

Does special education cost anything? No. It is part of your child's free public education.

Will my child be put in a separate class? Not automatically. The team decides where services happen, and many children stay in regular classes with support.

Can I record the meeting? Ask the school about its policy before the meeting.

My child is in a private school. Child find covers children in private schools too. Contact your local public school district.

I live outside California. The federal IDEA rules on this page (child find, prior written notice, IEE, 10 day discipline meeting) apply in every state. The California timelines do not. Ask your state's parent training center.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Family Resource Center of San Mateo County (AbilityPath), a Family Empowerment Center for San Mateo County: (650) 259-0189, per the CDE parent center list.
• Parents Helping Parents, Family Empowerment Center for Santa Clara County and parent training center for a region that includes San Mateo and Santa Clara counties, per the same CDE list. 408-727-5775 (php.com).
• Disability Rights California (statewide): (800) 776-5746, per its contact page.
• DDS Early Start Baby Line (statewide, under 3): 800-515-2229, earlystart@dds.ca.gov.
• Community Legal Services in East Palo Alto (immigration questions; low income residents of San Mateo and Santa Clara counties): (650) 326-6440, per CLSEPA.