As a parent or guardian, you have the fundamental right to ensure your child receives a comprehensive and inclusive education. The Supreme Court protects all children in their right to attend school and receive a free and appropriate public education (FAPE), including special education services. When the public education system fails to provide your child with the educational access they deserve, parents and guardians can assert their rights to secure the necessary educational support needed for their child to thrive.
California education rights attorney Jennifer Chang is committed to empowering children with disabilities and their families to ensure they receive the educational support mandated by law. Continue reading to learn more about educational rights for students with disabilities in California and how to safeguard and advocate for your child’s educational needs.
Understanding Education Rights in California
California’s education laws determine how school districts should support students with disabilities, including the framework for assessments, IEPs, due process, and protections against discrimination. Here are the key rights and protections that families need to know:
- In California, children with disabilities between the ages of 3 and 22 have a right to a free and appropriate public education (FAPE) regardless of the nature or severity of their disability.
- A school district can assess a student to determine whether they are eligible for special education. However, a parent or guardian can also have their child assessed independently.
- If a student is eligible, the district must develop an Individualized Education Program (IEP) that outlines the specific services, needs, and goals to be delivered, monitored, and continuously assessed by the IEP team.
- If a parent or guardian disagrees with a school district’s decision regarding a student’s eligibility or educational program or believes the school district has failed their child, they can seek due process proceedings.
- Depending on the situation, a parent can advocate for nonpublic school placement and potentially seek reimbursement from the school district if a school district fails to provide an appropriate education.
- California schools are prohibited from asking a family for their immigration status or sharing student information with ICE or immigration authorities.
Educational Rights and Immigration Status
The Supreme Court protects a child’s right to free and appropriate education, including special education services, regardless of immigration status.
In 2025, the U.S. government has made blanket statements that protections around schools that shield immigrant families and the rights of students have been removed, and government agencies, including ICE, have permission to conduct raids at schools in an attempt to detain or question students and families, obtain student records, and put vulnerable families at risk of deportation or separation.
The Family Education Rights and Privacy Act of 1974 (FERPA) requires schools to withhold information that could identify students from third parties, including federal immigration officials. FERPA also prohibits schools from disclosing personally identifiable information in a student’s education records without parental consent or a subpoena, including immigration status.
If ICE agents or government officials confront you or your child at school, know that you have the right to:
- Refuse to answer questions
- Ask for a warrant or court order signed by a federal judge
- Contact your school administrator
When to Seek Legal Support to Advocate for Your Child
An experienced education rights attorney can provide parents and guardians with a detailed understanding of the law and transparency to help them make the best-informed decisions when advocating for their child.
Jennifer Chang is dedicated to empowering families about their rights and options, ensuring that students with disabilities receive the support and protections required under California law. Contact the Law Offices of Jennifer Chang today to take the first step toward protecting your child’s future.