• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Fees
  • Testimonials
  • Contact Us
  • (408) 286-3081

Tollner Law Offices - Special Education Attorneys

Empowering Special Needs Families, Protecting the Rights of Special Education Students

  • About TLO
  • Attorneys
    • Learn More About The TLO Team
    • Fees
    • Testimonials
  • Practice Areas
    • Special Education
    • Regional Center Disputes and Hearings
    • Limited Conservatorships
    • Placement Consultation
  • Success Stories
    • Cases We Have Won
    • Are We Right For You?
    • Testimonials
    • Special Education Resources
  • Locations
  • Search

FIVE POWERFUL TOOLS for Special Ed Parents

Most special education parents have received enough copies of their procedural rights to build a fort. But, even if you have taken the time to read them, they don’t inform or educate you about the “tools” the law provides parents and how you can use them to support your child’s right to that all too elusive FAPE (Free and Appropriate Public Education). In a way, the depth and complexity of the rights almost obscure the most important ones that make up the foundation of a parents’ toolkit. Here are the top five tools that are derived from those rights.

  1. The Right to Request Assessments – Schools are legally required to assess students with IEPs every three years. This “triennial” pattern of assessments mandated by the law. However, parents are empowered to request assessments “not more often” than annually. It is important to realize that the law requires the school assess in every known or suspected area of disability. Many different areas are commonly tested, and you can specify the areas you want to be evaluated. But, you don’t have to be an expert in assessments, just lay out your area of concern. Use examples of deficits or challenges that are impacting your child at school, or while doing homework to place the school on notice of the type of issues that require further examination.
  2. The Right to an Independent Educational Evaluation – Assessments are intended to guide the IEP team (which by law includes the parents) in crafting an individualized plan to allow the student to access their education. If the school fails to assess in all known areas, fails to utilize appropriate assessment instruments, or otherwise conducts inadequate assessments to allow the parent to participate as a full and informed member of the IEP team, you can request the school fund assessments by an outside expert. This tool is designed to level the playing field by providing a qualified expert who is not beholden to the school for their livelihood. A parent may disagree with the assessments conducted by the school and request the school pay for independent evaluations.
  3. The Right to Records – A parent has the right to view and inspect all their child’s educational records, commonly called their cumulative file. That means everything, not just grades and registration records. You have the right to all correspondence about your child, internal and external, including emails between administrators, teachers, and staff. If you want copies of those records, they may charge a reasonable copying fee to cover expenses.
  4. The Right to Add Your Side to the IEP – IEPs are drafted by the school. During an IEP meeting a school employee takes notes and afterward, a record of the meeting, the notes page, is appended to the IEP. Often the meeting notes do not completely and accurately reflect the content of the meeting. A parent may draft their own “notes” that more wholly or accurately reflect the contents of the meeting and request it also be appended to the IEP. The addendum creates a more balanced record and preserves the parents right to be a full participant in the IEP process.
  5. The Right to Accept or Refuse “Ala Carte” – IEPs are often presented as a “package.” The way they are written and presented makes it seem very all or nothing, but that is not the case. There are many actions the school cannot impose without parental approval. You can accept the components you approve of and reject the others if you specify. You can also accept the services and accommodations while preserving your position that they are inadequate and do not constitute FAPE. This partial acceptance” is most effectively done in conjunction with the Parental Addendum process and we refer to it as “acceptance with exception.”

 

 

Bonus Right – The Right to Recovery of Fees – Whether the school files due process against parents or the parent filesagainst the school, the law provides for recovery of “reasonable” attorney’s fees if you “prevail.” Prevailing means you won a major issue, or you received a result that was better than the District’s ten-day offer before the hearing. Fees reimbursement is also commonly negotiated as part of settlement discussions. This “right” may need to be enforced by filing a separate lawsuit to obtain an enforceable order to reimburse for fees.

Please fill out the information below to start the process for receiving a free 20 minute phone consultation.

  • This field is for validation purposes and should be left unchanged.

David Tollner's avatar

About David Tollner

David brings his trial experience as a litigator, unique knowledge of special education process and services, and formidable passion to his special education practice. David has served as Executive Director of Pacific Autism Center for Education (PACE) and Rebekah Children's Services. David opened Tollner Law Offices in 2007 and has since built it into one of the largest disability law firms in Northern California, serving children and adults with special needs.

sidebar

Blog Sidebar

Is it time to hire an attorney?

  • Child Find Violations
  • Inappropriate Placement and Services
  • Inappropriate Discipline
  • Transportation
  • Procedural Safeguards
  • Retaliation
  • Other Issues

David was very knowledgeable and professional from day one. His knowledge of the nuances of the legal process and the investment he made in understanding the specifics of our case was exemplary. Throughout the process, we felt that he had the best interest of our child in mind. Our early sense was that we were in safe hands when we signed up with him and this was confirmed through all our interactions and, ultimately, when we got the desired outcome for our child in the case.

CUSDcupertino

Amanda was an excellent guide down an intimidating path to secure an appropriate level of educational support for our child.
We could not have navigated this process without her.
Amanda was patient, thorough, and we always knew that she had our best interest as her top priority.
We are so grateful.

Burlingame School DistrictBurlingame, CA

David Tollner has assisted us over the past 8 years as we have untangled many issues with two different school districts in San Mateo County. He is flexible, open minded, professional, efficient and direct while respecting the values and opinions of all parties involved. Highly recommend him if you are dealing with a contentious situation.

San Mateo, CA

Bonnie,
You are the best. Looking back on 2020, I am very grateful for all you did for our family. The genuine care you have for John is felt by us all the time.
Walking me through this process 3 times now and your winning at every turn has helped us in so many ways. It also allows him not to feel the pressure of knowing his schooling is expensive. With you in charge he knows we will get paid back. Most importantly, you allow John to feel justice is being served for how he was mistreated at scho… Read more

I’ve worked with two lawyers from Tollner Law Offices over the past six years, David Tollner and Bonnie Yates. Both attorneys are top-notch. I have two children who required their services. Both attorneys worked wonderfully with the school districts. They’re both very knowledgable about special education laws and guided my husband and me to get the appropriate accommodations and tuition reimbursement for our children. I feel very lucky to have had the opportunity to work with Tollner Law Offices… Read more

San Mateo-Foster CityFoster City, CA

We found this office through a parent group that we trust a great deal. Wd’d never needed representation for an IEP and so didn’t know what to expect. We were very pleased with the process and outcome. Our attorney, Amanda O’Neil was all the things you want: professional, thorough and friendly. The thing we appreciated most was how easy it was to reach her and how quickly she responded to any/all of our questions. Her involvement in our IEP process is THE reason we were able to get the placement… Read more

Santa Cruz CitySanta Cruz

As a single mom who was lost with what to do for my son and his educational needs, David made everything very clear.

Fremont, CA

Tollner Law firm exceeded my expectations. I was referred to them from a reputable child advocate and I am so glad I chose them to represent my child’s case against our school district. I was very impressed by both Bonnie Yates and Devan Brothers. I appreciate their dedication and team work. Devan stayed on my case as we took it to the next level. They always seem to put the “client” first by making sure I had a clear understanding of the litigation process. Also both were very experienced, symp… Read more

LAUSDSan Pedro, CA

Amanda was also very helpful when David wasn’t around. Sometimes God provide us angels to guide us in our most painful time of need and I truly believe David was that angel. We have been struggling for the past 3 years following the recommendations of the school district. We needed external help where our daughter could be in a structured environment where trained and compassionate individuals were there to help her 24/7. David is a very skilled Special Education attorney but what impressed me m… Read more

David Tollner has helped us tremendously in the past couple of years to get services from school district for our Autistic daughter!!! He is very knowledgeable, professional and efficient. He is very compassionate in defending families Rights.

I highly recommend him to anyone who has a hard time dealing with school district to get services for their child.

San Jose, CA 95126 | El Segundo, CA 90245 | Irvine, CA 92618 | Greater Los Angeles Area

© 2023 Tollner Law Offices | All Rights Reserved Disclaimer