Special Education Basics: "We Don't Have Those Here" Is Not A Legal Reason To Deny Special Education Services
By Michelle Ball, California Education Attorney for Students since 1995 So many times I have met with parents who are beside themselves, unable to obtain services for their child based on a school "not having" services available at their site or in their school district. Parents are often unaware that denial of special education services based on unavailability or lack of providers is not legal. Special education is based on the " unique needs " of each special education child and meeting those needs with educational services tailored to that specific student. Parents, being unaware of their rights and/or believing that a school IEP (Individualized Education Program) team is acting in the best interests of their child, mistakenly believe statements such as "We don't have any speech services in the school district;" or "There are no occupational therapists available here;" or "Those services are not provided in this school/district,...