Law Office of Nick Davaei

special education attorney southern California

Nader "Nick" Davaei, Esq., Attorney at Law

17702 Mitchell North
Irvine, CA 92614

Tel: (714) 417-9955
Fax: (714) 242-7304

The Law Office of Nick Davaei provides legal support and services in the areas of Special Education Law and Advocacy in Southern California

Special Education Advocacy and legal services include:
  • Consultation and comprehensive case evaluations
  • IEP representation and development
  • Due Process litigation including representation at Hearings, Mediations, and Resolution sessions
  • Representation at SARB and Expulsion proceedings
  • Complaints filed with Office of Civil Rights
  • Compliance grievances filed with CDE
  • 504 representation and development
  • ADA compliance and violations
  • Regional Center disputes

We Provide:

  • Professional advocacy and legal services to assist parents of children with special needs in matters pertaining to their child's educational placement, programs, services, assessments, funding and reimbursement.
  • Assistance for parents through the IFSP and IEP process, Resolution Session proceeding, Mediation conference, and Due Process Hearing.
  • Assistance for parents with Compliance issues and complaints filed with the California Department of Education, Office of Administrative Hearings, and the Office of Civil Rights.
  • Help for parents with the SST process, 504 meetings, SARB Hearings, and Expulsion proceedings
  • Help for parents in the development of the child's IEP/Special Education and related services.
  • Suggestions for strategies that might be helpful in moving the child toward the educational services, programs, and placement that he/she needs.
  • Assistance for parents with concerns pertaining to the evaluation/assessment process.
  • Consultation and comprehensive case evaluations.

Overview of Special Education Law in California:

The Individuals with Disabilities Education Act, also known as the "IDEA", requires school districts to systematically identify and provide special education to children with unique and exceptional needs who reside within the district's boundaries. The school district is required to assess the student in all areas of suspected disability in an effort to determine special education eligibility.

In California, special education may be provided from birth to 21 years of age. Special education means specially designed instruction, at no cost to the parent, to meet the unique needs of a child including instruction in a classroom setting, at home, in an institution or other settings as deemed appropriate. The student may be found eligible for special education and related services under one of the thirteen eligibility categories as mandated by the federal law including Autism, Speech and Language Impairment, Specific Learning Disability, Emotional Disturbance, Other Health Impairment, and Visual Impairment. Moreover, federal law requires school districts to provide a Free and Appropriate Public Education, "FAPE", to eligible children with disabilities.

Under federal law, FAPE is defined as special education and related services, at no cost to the parents, and under public supervision, which must be in compliance with the standards of the state’s department of education, and provided in conformity with an Individualized Educational Plan, "IEP". Moreover, the IEP must be developed in a manner which identifies the unique needs of the child and is reasonably calculated to confer an educational benefit upon the student. This means that the student must be able to make a meaningful academic progress from one grade to the next. In addition, federal law requires that the student be educated, to the maximum extent possible, in the least restrictive educational environment.

Nick Davaei Can Help Your Family Through the IEP Process:

The IEP process can be a very grueling and emotional experience for families especially when disagreements arise regarding the overall appropriateness of the child's IEP. Families are often not fully aware of the rights afforded to their child under both the state and federal guidelines and may reluctantly agree to whatever is presented to them. At times, they may be left with no other choice but to defer to the IEP team in making a decision regarding their child's IEP development. Consequently, a child may be deprived of much needed support and service while his or her educational plan and progress remains stagnant. Often, the parents go through several IEP meetings in order to voice their concerns which often remain unresolved and not appropriately addressed. They may face a rather complicated and challenging Due Process proceeding which requires expert legal guidance. At this point, we can provide the families with expert and professional special education advocacy services in order to compel the school district to address their concerns and help the student obtain an effective, unbiased and appropriate educational support and services that the child desperately deserves.

About Nick Davaei:

Nick Davaei has over 10 years of experience in the area of special education and Advocacy and has assisted many families with the IEP process as well as the Due Process proceedings. More about Nick Davei's special needs and legal experience...