The San Diego area is home to not only some of the best year-round weather in the United States but also some of the priciest real estate. Living in an expensive paradise 'doesn't change daily life, however, and students with disabilities require the same support as any other student.
For individuals with disabilities and their families, knowing their legally-mandated rights can help them get the most out of their education. In addition to federal laws to protect and support students with disabilities, California has several laws that provide additional help for students with disabilities.
Even the best-intentioned schools may not always provide the support students with disabilities need to succeed. When a school district is failing to provide the services your student needs, you need the help of a team experienced in disability rights in education. The Lento Law Firm Team has nationwide experience as attorney-advisors who work with students from a variety of backgrounds and in a wide array of school environments. We appreciate that each student is an individual who is not defined by their disability and requires the support and services that reflect their unique needs.
The San Diego-Chula Vista-Carlsbad Area
The fifth-most populous county in the United States, San Diego County is home to over 3.2 million people as of the 2020 Census. At the college and graduate level, the county is home to three public universities, several private universities, and five community college districts.
MiraCosta College, which has two campuses within the county, has been ranked as one of the best colleges in California for students with disabilities. It is also one of a handful of community colleges approved to award students a Bachelor of Arts.
For K-12 public schools, the San Diego area has 24 elementary school districts, six high school districts, and 12 unified school districts. Ten percent of K-12 students in the county attend private schools.
The largest public school district is San Diego Unified School District, which has an enrollment of approximately 95,000 students for the 2021-2022 school year. The San Dieguito Union High School District, which has seen increased enrollment over the past several years, is consistently ranked as of the top school districts in California.
Specialized Education
San Diego County operates three schools with specialized curriculums.
Davila Day School supports students who are deaf or hard of hearing. The 'school's curriculum is based on 'California's general education standards.
Friendship School supports students between the ages of 3 and 22 who have multiple disabilities. As of 2023, the school has an enrollment limit of 50 students.
North County Academy works with students who have mental health concerns. The school focuses on both academic and therapeutic support with the goal of helping students gain the skills needed to integrate into a general education setting.
Federal Law
Three federal laws support disability rights in education. The Americans with Disabilities Act (ADA), Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act of 1973 are the foundation for disability rights in the United States.
While the ADA applies to all Americans, IDEA and Section 504 focus on K-12 students in public schools. Private schools and some charter schools are not required to follow these federal laws. These schools may have similar policies in place, but their policies do not have the backing of federal law. In other words, while the family of a student at a public elementary school could sue under IDEA, the family of a student at a private elementary school could not sue the school under IDEA.
For K-12 students in private schools or who are homeschooled, they do still have federal protection. Federal law requires that public school districts provide support and services to all children living within the school 'district's jurisdiction. This includes children too young to attend school and those who are not attending public schools.
While these federal laws cover hundreds of pages, families of students with disabilities need to be aware of four key terms:
- Free Appropriate Public Education (FAPE)
- Least Restrictive Environment (LRE)
- Individualized Education Program (IEP)
- Reasonable Accommodations
FAPE
Federal law requires that children, including those with disabilities, have access to a Free Appropriate Public Education. For students with disabilities, this may include additional support and services to guarantee them access to that education.
This also means that school districts, states, or cities cannot charge families for additional services. 'California's state schools for the blind and the deaf, for example, include on-campus living options at no cost to students or their families.
LRE
The goal of current disability rights in education is the educate students in the least restrictive environment. What LRE means depends on the student and their needs. When possible, students should be in general education classrooms, but that may not always be in the 'student's best interests. Families should work with school districts to determine the best LRE for their child.
IEPs
IDEA mandates that every student with an approved disability have an Individualized Education Program (IEP). IEPs are plans to help support a student and should be based on a 'student's individual needs. Meetings include both parents and members of the school. When appropriate, students should also be involved in these meetings.
After the initial IEP meeting, IEPs should be revised annually. Parents and guardians can request additional meetings if they feel that a 'student's current IEP is no longer supporting the student or if a student requires new or different services.
As of 2020, California also requires that any student with an IEP almost have an emergency plan as part of their IEP.
Reasonable Accommodations
As much as possible, students with disabilities should have an educational experience similar to other students. Federal law mandates that schools provide students with reasonable accommodations to make this goal possible.
Schools are not required to provide all available accommodations. The price of an accommodation, the burden it places on staff or other students, and available resources are just some of the factors that go into determining whether an accommodation is reasonable.
California Law
As a state, California has expanded on federal law in several ways. Some of the ways that California has expanded federal protections:
- California requires that schools continue to support K-12 students until the end of the school year they turn 22
- School districts must join a Special Education Local Plan Area (SELPA)
- As of 2020, California schools must provide students who have an IEP with an emergency plan
San Diego SELPAs
The purpose of SELPAs is to review and evaluate issues in special education. SELPAs are based on geographic location. San Diego has six SELPAs: North Coastal Consortium for Special Education (NCCSE), North Inland Special Education Region (NISER), East County, Poway, San Diego, and South County. Poway and San Diego are each run by a school district: Poway Unified School District for the latter and San Diego Unified School District for the former.
The San Diego County Office of Education defines the responsibilities of the SELPAs as including:
- Ensuring the availability of programs for all children with disabilities
- Training and developing Staff
- Planning for student transitions
- Providing legal support
- Reviewing and planning budgets
- Coordinating with other agencies
- Developing curriculums
As required by 'California's California Early Start Program and IDEA, San Diego County also runs the HOPE Infant Family Support Program. This is an early intervention program that identifies children from birth to age three who require support.
Special State Schools
In addition to the schools run by San Diego County, California also has state-sponsored schools for students with certain disabilities. These schools are funded by the state and are free for students to attend.
The state has two schools for the deaf, and students from San Diego may apply to attend the California School for the Deaf, Riverside, which does have a residential program. To qualify for admission, students must be registered with their local school district, and referrals must come from the school district.
The California School for the Blind, located in Fremont, also has a residential option for students. The school requires that referrals come from school districts and not families. If you believe your student would benefit from attendance, you should coordinate with your 'student's IEP team.
Emergency IEPs
In a state with annual wildfires and other natural disasters, it is perhaps not surprising that, as of 2020, California requires that all school districts include an emergency place in all IEPs. These emergency IEP plans come into force if students, due to an emergency, are unable to attend school in-person for at least ten days and must include a plan for how to continue to support a student.
The following situations are considered emergencies for the purposes of IEPs:
- Fires
- Flood
- Impassable roads
- Epidemic
- Earthquake
- Major safety hazard
- Transportation strike by a non-school provider
- War
- Another state of emergency
Similar to the regular IEP, the emergency plan should be based on the individual student and their needs. The goal of these emergency plans is to minimize disruptions that can negatively affect a 'student's learning ability.
If your student has an IEP but does not have emergency plans, you should contact your school district to schedule an IEP meeting. As emergency plans are now required in California, public schools in San Diego cannot refuse to add them to your student's plan.
'California's Special Education Report
Families who reside in San Diego and have a student with disabilities should become familiar with a report on special education the California Legislative Analyst's Office released in 2019.
Some of the highlights of that report:
- Approximately 20 percent of California school districts have poor outcomes for students with disabilities
- IDEA, last authorized in 2004, does not include provisions for new technology and best practices
- Schools may hesitate to support students due to cost, although most students require a minimum expenditure, although school districts cannot refuse reasonable accommodations even if they are expensive
- As part of the 2019 report, a workgroup looked at how California may improve IEPs and published its recommendations in 2021
This point is especially important for parents, guardians, and students. The 2021 report issued 25 recommendations for school districts. When meeting with school districts, although these recommendations are not mandatory, knowing them may be beneficial when planning or revising a 'student's IEP or finding better ways to support the student.
2021 IEP Report
These 25 recommendations do not have the force of law. Students with disabilities and their families may still benefit from knowing them and requesting that schools in San Diego implement them.
One of the recommendations, the use of emergency IEPs, has already been implemented. Some of the other suggested changes include:
- Creating IEPs that focus on the individual student and their strengths
- Better transition planning throughout the education process, from the pre-school years up to and including post-high school
- Increase parent and guardian engagement in both the IEP planning and revision process as well as how the family can support the student
- Consider a 'student's long-term goals when crafting or revising an IEP and the steps needed to make those goals possible
- Focus on not just the 'student's academic needs but the whole child, including how to best support communication and their social-emotional, functional, and behavioral needs
- Begin postsecondary education planning at age 14
These recommendations apply equally to new and existing IEP plans.
Students benefit when IEPs consider not just their short-term goals and needs but also factor in long-term planning. Education is not in a vacuum, and addressing the whole child can also help improve outcomes. If a school in San Diego is failing to support your child, you should contact the Lento Law Firm. We can help you advocate for your child to make sure their IEP supports their long-term goals.
Protect Your 'Students' Rights
Students in San Diego County benefit from the increased protections that California offers students with disabilities. Both federal and state laws guarantee a 'student's right to a free appropriate public education. When a school district fails to provide needed services to a student with disabilities, parents and guardians need to know how to navigate the law to get their students the support they deserve.
The Lento Law Firm Team works nationwide with families to help them support their students and get students the services they require to thrive in school. As attorney-advisors, we work with families nationwide, and we can bring that experience to help you. Call 888-535-3686 for a consultation now, or use the online service.
