Students with disabilities in the Fresno metropolitan area in California have many federal and state laws protecting their rights. This includes the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). Schools, particularly K-12 schools in Fresno, are obligated to comply with these rules and uphold the rights granted by federal law to students with disabilities.
In addition to federal law, public schools are also required to comply with state and local laws. However, it is important to note that private schools are not covered by these laws. They may have their own set of policies and guidelines governing students with disabilities, but they are not obligated to comply with federal laws.
In either case, parents and guardians must have at least a basic understanding of the laws and policies that apply to their student. If you find your student's school authorities are not respecting their rights or treating them fairly, you must be prepared to speak up on their behalf. The Education Law Team at the Lento Law Firm can help you uphold your student's rights, and deal with school districts to ensure they provide your student with the accommodations and considerations they are entitled to by law. Contact us today, either online or by calling 888-535-3686.
Fresno Metropolitan Area
The Fresno metro area is the third largest metropolitan area in Northern California, and Fresno is the fifth largest city in California. The metro area includes the counties of Fresno and Madera, and has an area of 8099 square miles, with a population of 171,617.
Fresno is a major agricultural and military hub and is home to a number of premier schools, colleges and universities.
Colleges and Universities
Some of California's best universities, colleges, and public and private schools, and are in Fresno. This includes California State University, Fresno City College, Oak Brook College of Law and Government Policy, and more. K-12 schools in Fresno include Sierra Charter School, Winchell Elementary School, Hamilton School, Fulton School, and a number of other private and public schools.
All public schools and colleges are required to comply with state and federal law. While private schools have more leeway, they usually have their own policies and rules protecting the rights of students with disabilities and allowing them access to quality education and all the support and resources that entails. Typically, K-12 public schools have stricter rules to adhere to, with respect to students and disabilities and providing them with support. Once a student turns 18 or leaves school, they are expected to advocate for themselves and their parents or guardians may no longer play a role in advocating on their behalf.
But situations may arise where you or your student face an issue involving student disability rights, and do not know how to proceed. It is always best to consult a seasoned defense firm who knows the law inside out and can ensure your rights are upheld. The Lento Law Firm has an accomplished student defense team with years of experience. We can help you figure out how to deal with your issue involving student disability rights.
Understanding FAPE, Reasonable Accommodations, and IEPs
Under federal law, public K-12 schools in the US have to provide students with disabilities the support and accommodations they need to succeed at school. ADA and IDEA guidelines require all public schools to give every student the chance at a free and appropriate public education (FAPE) and provide additional support to students with disabilities in the form of individualized education programs (IEPs), tutoring, audio or visual aids, and more, to ensure they are able to access the same quality of education as students without disabilities. Some terms related to these laws include:
- FAPE: Every child in the US, including students with disabilities, is entitled to a free and appropriate public education. This typically includes additional services or programs provided by the school district or state at no additional cost to the student or their guardians.
- Individualised Education Programs (IEP): Students with disabilities may need a more customized education plan in order to succeed. Under ADA, IDEA and other federal disability laws, students with disabilities are entitled to IEPs, which are education plans designed by the parents or guardians, educators, and, sometimes, the students themselves. These plans lay out the support and resources the student will require to succeed. IEPs can be revised and modified as the student develops and their needs change and evolve.
- Reasonable Accommodations: Students with disabilities are entitled to reasonable accommodations by law. This means that public schools are required to make alterations, adjustments, and modifications to study plans to ensure students with disabilities can access education and succeed at school. These accommodations can include the provision of an aide, audio or visual aids, flexible study hours, or more. School districts may determine what constitutes reasonable accommodations by taking into account students' disabilities, the cost of providing additional support, and other factors.
- Least Restrictive Environment (LRE): School districts are required to provide students with disabilities the least restrictive environment to study in, by placing them in general classrooms and making them part of the school community. What constitutes LRE can change based on the student's level of disability, concerns, and other factors.
Disability Rights for K-12 Schools
Students with disabilities in primary, middle, or high school have an extensive set of federal, local and state laws protecting their rights. Although federal laws only apply to public schools or schools receiving federal funding, these laws are much stricter for K-12 students, who cannot be expected to advocate for themselves and need their guardians and school authorities to ensure they are treated fairly.
Every school student in the US is entitled to a free and appropriate public education, and is entitled to facilities that make it possible for them to succeed at school, such as being provided the least restrictive environment, IEPs, and any other accommodations or modifications to school policies they may need.
They are also protected from discrimination and from being excluded from any part of their school program or activities based on their disability. As a guardian, it helps to be familiar with the federal and local laws protecting your student's rights – and to be prepared to work with school authorities to ensure your student is getting access to all the support and services they are entitled to.
Disability Rights for College and University Students
Federal and state laws governing disability rights can vary depending on whether the student is in grade school or university. For instance, IDEA does not apply once a student graduates from high school. Colleges and universities typically do not need to provide IEPs to their students either.
However, many laws continue to protect students with disabilities once they graduate from high school and join a college or university. The ADA and Section 504 of the Rehabilitation Act continue to apply to students with disabilities when they go to college or university.
Among other provisions, the ADA ”prohibits all state and local governmental entities, including public colleges and universities, from discriminating against people with disabilities.” The ADA and other federal laws apply to all public colleges and universities, as well as private institutions that receive federal funding.
Under ADA, Section 504, and California laws, colleges and universities are prohibited from:
- Denying a qualified student admission based on their disability or disabilities;
- Excluding a qualified student with a disability from a course or part of an education program because of their disability; and
- Directing a student with a disability towards more restrictive career goals than students without disabilities.
In addition to prohibiting discrimination, federal and local laws also require colleges to provide students with disabilities with reasonable modifications or accommodations to accommodate their disability. This can include modifications in policy, providing auxiliary aids, and any other modifications that help a student with disabilities succeed in their course.
California Law
California state law builds upon federal laws governing education and disability and provides more specific protections. The state law ensures that all students have the right to a free and appropriate public education and are provided with reasonable accommodations based on their disability and the resources the school district has available.
Under California law, all students between the ages of 5 and 18 years are eligible for special education without having to prove a disability. Students under the age of 5 years are eligible for special education if a local educational agency states that they need intensive or early childhood special education. Students between the ages of 18 and 22 years are eligible for special education if they haven't finished high school.
Students who have any of the following disabilities may be eligible for special education services and support:
- intellectual disabilities
- hearing impairments (including deafness)
- speech or language impairments
- visual impairments (including blindness)
- emotional disturbance
- orthopedic impairment
- autism
- traumatic brain injury
- other health impairments
- specific learning disabilities
- developmental delay
In addition to FAPE, students with special learning needs may also be eligible to receive ”related services.” Under the California Education Code, these ”related services” allow a student to benefit from their education program, and may include:
- Language and speech development and remediation
- Audiological services
- Orientation and mobility instruction
- Instruction in the home or hospital
- Adapted physical education
- Physical and occupational therapy
- Vision services
- Specialized driver training instruction
- Counseling and guidance
- Psychological services other than assessment and development of the IEP
- Parent counseling and training
- Health and nursing services
- Social worker services
- Specially designed vocational education and career development
- Recreation services
- Specialized services for low-incidence disabilities, including readers, transcribers, and vision and hearing services
- Interpretive services
State agencies and the school district are collectively responsible for providing these related services and other forms of support. If the school district is unable to provide these services, the California Department of Education is responsible for providing them.
Students with disabilities are also required to be placed in the least restrictive environment, which means that they should be placed in classrooms and other programs alongside non-disabled students, as far as possible. They must only be removed from the regular educational environment when their disability or supplemental aids make it difficult for a regular educational environment to provide them with the instruction and academic support they need.
California Department of Education
The California Department of Education oversees all public education, including special education, in Fresno and across California. The department provides funding and makes sure local educational agencies are complying with federal, state and local laws. This includes ensuring compliance with federal laws governing disability rights, including ADA, IDEA, and Section 504. The Department of Education provides guidance and education policy directives to local schools in public school districts across California.
Protect Your Student's Right To An Education
It is important that you are aware of your student's rights and the services and support they are entitled to under law. Although federal and state laws protect students with disabilities and include provisions that allow them access to additional support and related services – in the form of audiological services, instruction at home, vision services, physical and occupational therapy, social worker services, and more – public schools don't always provide this support. Parents often have to advocate for their students and work with the school to make sure they get the support and resources they need.
The Education Law Team at the Lento Law Firm can help you work with your school district and ensure your student gets the requisite support. With many years of experience in education law, the Education Law Team at the Lento Law Firm can make school authorities aware of their legal obligations and help them find ways to support your child.
Call 888-535-3686 for a consultation today, or contact us online. The Lento Law Firm is a premier National Education Law firm and can protect your student's rights.
