2. Background and Legal Foundations

2.1 SDUSD’s History with Special Education Disputes

• Size and Scope: As California’s second-largest public school system, SDUSD educates a diverse student body, including thousands who qualify for special education services.

  Because of its size, SDUSD handles a high volume of IEP (Individualized Education Program) meetings and occasionally disputes. The district has special education programs across dozens of schools, employing teachers, aides, therapists, and specialists to meet a wide array of needs—ranging from students with mild learning disabilities to those requiring intensive interventions.

• Common Disagreements: Parents frequently dispute whether the district properly identified a disability (Child Find), provided adequate supports, or offered an appropriate placement.

  For instance, parents may feel SDUSD overlooked key signs that a child needed earlier testing (violating Child Find), or that the offered services—such as speech therapy or behavioral supports—were insufficient. These disagreements often center on whether the IEP addresses a child's unique academic and functional needs, and whether services are truly delivered as promised. A recurring pattern in SDUSD cases involves parents seeking more individualized or intensive placements (like non-public schools), while SDUSD tries to keep students in its own programs, citing cost, capacity, or a belief that the child can succeed in a district setting with in-house supports.

• Mixed Outcomes in Due Process: Historically, parents have prevailed in certain cases where SDUSD’s IEP was deemed inadequate; in other instances, Administrative Law Judges (ALJs) concluded that the district’s offer satisfied legal requirements under IDEA.

  For example, in one past case, SDUSD was found to have denied FAPE (Free Appropriate Public Education) by failing to implement a critical service at the start of the school year, prompting the ALJ to order reimbursement for the child’s private school placement. Conversely, there are also instances where the ALJ ruled in SDUSD’s favor—particularly when the district demonstrated it offered a comprehensive, legally compliant IEP, and the parents unilaterally chose a private option without giving the district an opportunity to remedy concerns.

  Overall, SDUSD’s record aligns with state trends: school districts often prevail in due process if they document compliance with IDEA requirements. However, if SDUSD predetermines placement, fails to conduct timely evaluations, or neglects parent input, it may lose. A key takeaway is that thorough documentation, parent collaboration, and a clear IEP offer can strongly influence case outcomes, for better or worse.

Due Process Trends and Outcomes

Across California, data suggests about half of the fully adjudicated special education due process hearings result in decisions favoring the district, while fewer than 15% completely favor the parents, with the rest split or partially in each side’s favor. SDUSD’s history generally mirrors these statewide trends, although exact win/loss numbers fluctuate each year. Many disputes never reach a final decision, instead settling in mediation or through an informal agreement. This underscores why parents should be prepared and informed—once a hearing occurs, the burden of proof is typically on them to demonstrate the district failed to offer a FAPE.

Sample Data: California Special Education Due Process Outcomes (2008–2019)

Outcome Type	Approx. Percentage
District fully prevails	~53%
Parents fully prevail	~14%
Split or partial decision	~32%

Note: These numbers are for the entire state of California, but SDUSD’s record is generally consistent with these patterns. Still, every individual case turns on its unique facts, available documentation, and the ALJ’s assessment of evidence.

2.2 Key Terms and Laws

IDEA (Individuals with Disabilities Education Act)

• Federal law ensuring that students with disabilities receive a Free Appropriate Public Education (FAPE). This involves identifying eligible students, evaluating them, and creating an Individualized Education Program (IEP) if they qualify.
• Under IDEA, SDUSD must offer services reasonably calculated for the child to make progress “appropriate in light of [their] circumstances,” following the Endrew F. standard from the U.S. Supreme Court. If parents believe the district’s offer isn’t sufficient, they can request a due process hearing to resolve the dispute.

Section 504 of the Rehabilitation Act

• Guarantees accommodations for students with disabilities but does not require specialized instruction like an IEP. It prohibits any entity receiving federal funding (including schools) from discriminating against individuals with disabilities.
• In practice, Section 504 can provide a “504 Plan” with specific accommodations (e.g., extended test time, preferential seating) for students who don’t qualify for an IEP under IDEA or who need fewer supports. Parents can still file complaints or request hearings if SDUSD fails to provide these accommodations adequately.

ADA (Americans with Disabilities Act)

• Broad anti-discrimination law that can apply to public schools, protecting students (and parents) from disability-based discrimination. It goes beyond the classroom to cover accessibility of facilities, extracurricular activities, and more.
• SDUSD must ensure its campuses and programs are accessible under ADA. If a family believes the district is systemically denying necessary accommodations or discriminating, they may bring claims under both Section 504 and ADA.

FAPE (Free Appropriate Public Education)

• Schools must tailor education to the child’s unique needs so the child can derive meaningful benefit. The Supreme Court’s Endrew F. decision clarified that progress must be “appropriate in light of the child’s circumstances,” moving beyond the minimal standard set in earlier cases. This requirement applies to SDUSD whenever it drafts an IEP or updates one to address changing needs.
• A “free” program means families are not charged for the core services in the IEP, while “appropriate” focuses on ensuring the child can make academic and functional gains, not just trivial progress.

LRE (Least Restrictive Environment)

• Whenever feasible, students with disabilities should be educated alongside non-disabled peers, with necessary support provided. SDUSD must consider general education settings with supplementary aids before placing a student in a more restrictive environment (like a special day class or non-public school).
• This principle often sparks disagreements: parents might argue a child requires a more specialized setting, while SDUSD insists on inclusion. The law balances the child’s right to be included with peers and the right to adequate support for educational benefit.

Comparing IDEA, Section 504, and ADA

Below is a quick reference showing how these laws differ and overlap.

Aspect	IDEA	Section 504	ADA
Core Purpose	Ensures special education for eligible students aged 3–21.	Prohibits disability discrimination in entities receiving federal funds.	Broad civil rights law covering disability discrimination in public life.
Eligibility	Child must have one of IDEA’s recognized disabilities AND need special ed.	Any student with a disability that substantially limits a major life activity.	All individuals with disabilities (students, parents, employees) are protected.
What It Provides	A formal IEP with specialized instruction, related services, and procedural safeguards.	Accommodations/modifications (504 Plan) to ensure equal educational access.	Ensures program/facility access; can require modifications, auxiliary aids, etc.
Key Remedies	Compensatory education, reimbursement for private placements, correction of IEP issues.	Policy changes, accommodations, possible damages if intentional discrimination proven.	Injunctive relief, damages if deliberate indifference or intentional discrimination proven.
Enforcement	Due process hearing; state/federal court appeal; enforced by US Dept. of Education, CDE.	OCR complaints; 504 hearings; possible court actions. Enforced by OCR (federal) and local agencies.	OCR/DOJ enforcement; court actions. Often raised with 504 claims in education context.

Together, these laws shape how SDUSD must identify, assess, and serve students with disabilities. Understanding the differences helps parents decide which route or combination of routes (e.g., an IEP under IDEA or accommodations under 504) best fits their child’s needs.