How do I get an IEP for my autistic child in California?

Submit a written evaluation request to your child's school. The school must respond with a proposed assessment plan within 15 days. Once you sign the assessment plan, California schools have 60 calendar days to complete the evaluation and hold an IEP meeting.

What is the IEP evaluation timeline in California?

California's 60-day evaluation timeline begins when the parent signs the district's assessment plan (not just the initial consent). The school must propose the assessment plan within 15 days of receiving your written request. School breaks of 5 or more days do not count toward the 60-day timeline.

Can my autistic child get both an IEP and a 504 plan in California?

No. A student cannot have both simultaneously. California's IEP process under IDEA provides more robust protections and services than a 504 plan. If your child qualifies for special education, the IEP governs all accommodations and services.

How do I file a special education complaint in California?

File a written complaint with the California Department of Education Special Education Division. Complaints must be filed within one year of the alleged violation and are resolved within 60 days. California also offers mediation and due process hearings through the Office of Administrative Hearings.

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Disclaimer: This guide is for educational purposes only and does not substitute for professional legal or educational advice.

California operates one of the largest special education systems in the nation under the California Department of Education (CDE), with services delivered through Special Education Local Plan Areas (SELPAs) that coordinate across school districts. California has some of the strongest state-level protections for students with disabilities, including additional procedural safeguards and rights that go beyond federal law — making it especially important for parents to know both federal IDEA rights and California-specific rules.

Your Rights Under Federal Law

All autistic children in California are protected by:

IDEA (Individuals with Disabilities Education Act): Entitles eligible children to a free appropriate public education (FAPE) in the least restrictive environment (LRE), including an IEP.
Section 504 of the Rehabilitation Act: Provides accommodations for students with disabilities that limit major life activities, even if they don't qualify for an IEP.

IEP vs. 504 Plan: Which Does My Child Need?

California law (Education Code Section 56000 et seq.) aligns closely with IDEA but adds additional categories and procedural protections. Autism is a recognized eligibility category in California, and the state emphasizes individualized programming and positive behavioral supports as part of IEP development.

Most autistic children qualify for an IEP because autism typically affects educational performance requiring specialized instruction. A 504 Plan is appropriate for autistic students who can access general education with accommodations only (extended time, sensory breaks, preferential seating).

How to Request an IEP Evaluation in California

Write a letter to your child's school principal and special education director requesting a comprehensive educational evaluation under IDEA.
California's California Department of Education requires schools to respond within 15 days with a proposed assessment plan. Once you sign the assessment plan, the school has 60 calendar days to complete the evaluation. This is slightly different from the federal model — California starts the 60-day clock from when the parent signs the assessment plan, not just the consent form.
If the school declines, they must provide written notice (Prior Written Notice) explaining why.

Sample request language:

"I am writing to request a comprehensive educational evaluation for my child, [name], under the Individuals with Disabilities Education Act (IDEA). I believe my child may have a disability that adversely affects their educational performance and requires special education services."

What to Expect at the IEP Meeting in California

California IEP teams must include: a regular education teacher, a special education teacher, a school district representative, a person who can interpret evaluation results, and the parents. The student may attend when appropriate. California also requires that the IEP team include a representative from the SELPA and, when transition services are discussed, representatives from relevant agencies.

The IEP must include:

Current levels of academic and functional performance
Annual measurable goals
Special education and related services (speech, OT, ABA if needed)
Least restrictive environment statement
Accommodations and modifications

California-Specific Resources and Programs

California Department of Education Special Education Division: Provides extensive parent resources, procedural safeguards, and SELPA locators at the CDE website.
California Early Start: The state's IDEA Part C program for children birth to age 3 with developmental delays, coordinated through regional centers operated by the California Department of Developmental Services.
DREDF (Disability Rights Advocates in Education) and Disability Rights California: Legal advocacy organizations providing special education rights information and representation.
TASK (Team of Advocates for Special Kids): California's parent training and information center, offering workshops, IEP coaching, and family resources.
CDE Special Education Complaint Unit: Handles state complaints regarding IDEA compliance in California schools.

Filing a Complaint in California

If California schools are not following your child's IEP or 504 Plan, you have three options:

State complaint: File with the California Department of Education Special Education Division — must be resolved within 60 days.
Mediation: Voluntary, free process with a neutral mediator through the California Office of Administrative Hearings.
Due process hearing: Formal legal proceeding before an administrative law judge through the California Office of Administrative Hearings.

Contact the CDE Special Education Compliance Office for complaint procedures.

504 Plans in California

Section 504 is administered by schools and districts without SELPA oversight. California school districts are required to designate a 504 coordinator, and the CDE has issued guidance encouraging consistent district-level 504 policies. Common 504 accommodations for autistic students include extended time, sensory breaks, preferential seating, noise-canceling headphones, and reduced homework loads.

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IEP & 504 Plans in California: A Parent's Complete Guide