As a parent of a student with special needs, it's essential that you learn about what laws protect your child. Special education laws are complex; even once you understand their basic tenants, ensuring they are implemented at your child's school can be an uphill battle. It can be challenging to advocate for your child while you are already so preoccupied with caring for the rest of your family and your child's unique needs. If you need help understanding the intricacies of special education laws in the San Jose Metropolitan Area, the Lento Law Firm's Education Law Team has unparalleled experience representing parents of special needs children. Let us work with your child's school so you can focus on supporting them at home.
The San Jose Metropolitan Area
Located about an hour south of San Francisco, The San Jose Metropolitan Area is in the heart of California's Silicon Valley and sits against sprawling grapevines, open fields, and world-famous weather. According to data from The 2021 Census, the area is home to approximately 1,952,185 people, spread over 2,679.7 square miles. Most of the population consists of families headed by married couples, non-family households, and female-only householders. Some of the major cities within the area's counties include:
- San Benito County
- Hollister
- New Idria
- Paicines
- Panoche
- Pinnacles
- San Benito
- San Juan Bautista
- Tres Pinos
- Santa Clara County
- Campbell
- Cupertino
- Gilroy
- Los Altos
- Los Altos Hills
- Los Gatos
- Milpitas
- Monte Sereno
- Morgan Hill
- Mountain View
- Palo Alto
- San Jose
- Santa Clara
- Saratoga
- Sunnyvale
School Districts, Private Schools, and Universities in the San Jose Metropolitan Area
The San Jose area is home to dozens of school districts that span a wide array of socioeconomic communities. Close to Silicon Valley and Ivy League schools, the site is nationally regarded for its impressive schools. Large school districts include Mountain View-Los Altos Union High School District, Santa Clara Unified School District, Fremont Unified School District, and Palo Alto Unified School District, among others. Although these districts may have different policies for their disabled students, they must follow federal and state education laws.
The area also has many well-known private and college preparatory schools, such as Basis Independent Silicon Valley, The Harkey School Upper School, Bellarmine College Preparatory, and Stratford Preparatory School. Private schools are often not bound by the same federal education laws because they rely on tuition costs rather than federal funding. Private schools may sometimes receive federal funds, affecting what federal laws apply on their campuses.
Sometimes, special needs students attend private schools that are better suited to serve their needs. If a school district feels they need more adequate services and support for a student, the community may choose to place them at a private school at public expense. In other instances, parents, instead of the district, may push to place their students in a private school. If this is the case, the student is considered “parentally placed.” Parentally placed students are not afforded the same funding and services as they would have had the district determine their educational placement.
Colleges and Universities in the San Jose Metropolitan Area
The San Jose Metropolitan Area is home to several prominent higher education institutions, including Stanford University, San Jose State University, University of California Berkeley, Santa Clara University, University of California Santa Cruz, and University of San Francisco.
In high school, college students with active Individualized Education Plans (“IEPs”) can bring their plan to their university's disability office as proof of their need for disability accommodations. Although each school's policies can vary, many colleges will offer things such as teacher-provided copies of notes, books on tape, etc.
Although the IDEA does not apply at the collegiate level, the ADA and Section 504 of the Rehabilitation Act of 1973 apply. These laws ensure disabled students receive equal educational opportunities as their non-disabled peers.
Federal Special Education Laws
The Americans With Disabilities Act (“ADA”) and the Individuals With Disabilities Education Act (“IDEA”) are the two primary federal statutes that protect special needs students. Together, these laws provide it possible for students with physical, emotional, or mental challenges to not only access their education but also to make meaningful academic progress. The regulations also establish stringent requirements that public schools must meet while educating any student who has or is suspected of having a disability.
The Individuals With Disabilities Education Act
The IDEA was first passed in 1975 and is a federal law that protects the rights of students with disabilities. Although the law has seen some updates throughout the years, it mainly protects disabled students by requiring school districts to provide modifications, support, and services tailored to their unique educational needs.
FAPE
The most frequently used term from the IDEA is the acronym “FAPE,” which stands for free and appropriate public education. Under the IDEA, public schools must provide eligible students aged 3-21 (or graduation from high school, whichever comes sooner) with a unique education program designed to receive an educational benefit and make academic progress at the public's expense. What is appropriate will vary from student to student.
Child Find
Under Section 300.11 of the IDEA, school districts must adhere to a doctrine known as “Child Find.” Child Find requires school districts to find, identify, and assess any student within their district who may need special education services. The law places this burden on educators rather than parents because it assumes educators have the necessary experience and training to recognize hallmark symptoms of disabilities. Under Child Find, if an educator has any reason to suspect that a student may have a disability, they must arrange for the student to be assessed for special education services.
IDEA Eligibility
Special education eligibility does not end at the assessment state. After conducting thorough assessments, a school district must determine whether that student qualifies for special education services such that one or more identified disabilities affects their ability to access their education. Under the IDEA, a student can qualify for special education services if they have a disability in one or more of the following 13 separate eligibility categories:
- Specific learning disabilities such as dyslexia or dysgraphia.
- Other Health Impairments that may limit a student's strength, energy, or alertness, such as ADHD.
- Autism Spectrum Disorder.
- Emotional Disturbances such as generalized anxiety disorder, depression, oppositional defiant disorder, etc.
- Speech and Language Impairments such as receptive or expressive speech disorders.
- Visual impairments.
- Deafness.
- Hearing impairments that are not considered deafness.
- Deafblindness.
- Intellectual Disabilities such as Down Syndrome, Fetal Alcohol Syndrome, or lower-than-average cognitive abilities.
- Orthopedic impairments such as Cerebral Palsy.
- Traumatic Brain Injury.
- Multiple Disabilities
If you believe your child's school has failed in its Child Find duties, contact the Lento Law Firm's Education Law Team for assistance.
Individualized Education Plans
Under the IDEA, school districts must provide qualifying disabled students with a legally binding Individualized Education Program (“IEP.) IEPs must be designed to meet a student's unique individual needs. IEPs must also be challenging enough for students to make academic progress. While IEPs can feel intimidating, they are essentially just a contract between a school district and a student that details what services will be provided to a student annually. If a district breaches this contract by failing to draft an appropriate IEP or implement it as written, parents can bring a formal claim against the district, known as a “due process claim.”
IEPs are drafted with input from a student's IEP team members. Members include a handful of participants, including a student's teachers, counselors, service providers, parents, etc. Parents, in particular, are guaranteed certain participation rights under Section 300.322 of the IDEA, such as the right to counsel, the right to have an interpreter present, the right to receive copies of their child's assessments and IEP, the right to be notified well enough in advance of the meeting, etc. An IEP team must meet at least annually to agree upon an IEP that will be in place for the upcoming academic year.
IEP Components
Although each IEP will differ from student to student, Section 300.321 of the IDEA requires that each IEP include the following components:
- A description of the student's “present levels of academic and functional performance,” which will be used to help the team draft the student's upcoming goals.
- Annual goals that are uniquely tailored to a student's needs. These goals must be measurable and ambitious.
- A statement on what related services (if any) will be implemented to help students achieve their goals and access their education. Some examples of related services include individual instruction, occupational therapy, speech and language services, etc.
- Any accommodations on campus that will help students more easily access their education, such as preferential seating, assistive devices, etc.
- Any modifications to the curriculum that the team may decide on, such as limited homework assignments, longer time to complete tasks, etc.
- A description of the student's academic placement with specific attention to how much time a student will spend in general education versus a particular education setting.
Additional items can vary from student to student but can include statements on the student's behavior, testing results, etc. If a school district fails to adequately address one of the sections on a student's IEP, parents may be able to seek compensatory education under a due process complaint.
Least Restrictive Environment
The acronym “LRE” stands for “Least Restrictive Environment.” A student's LRE is a concept guaranteed to them under Section 300.114 of the IDEA that gives them the right to receive an education alongside their non-disabled peers to the greatest extent possible. A student's LRE rights are crucial because it recognizes that segregating students based on their disabilities will only lead to a regression of their social, emotional, and academic skills. Unfortunately, school districts may opt to place disabled students in a more restrictive, segregated classroom because it may be more cost-efficient than providing a student with services in a general education classroom. If you feel your child is not in the appropriate educational placement, contact our Education Law Team today for help.
The Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973
The second crucial federal education law is the Americans with Disabilities Act. This Act protects all disabled students from preschool through post-secondary education by ensuring that they receive educational opportunities in a manner that is equal to their non-disabled peers. Under the ADA, schools must provide things like services, programs, accommodations, and activities for disabled students which help them integrate into campus life.
Equally important, Section 504 of the Rehabilitation Act of 1973 (“Section 504”) requires schools to modify their policies and practices so students with disabilities can participate in school programs and activities alongside their non-disabled peers. A Section 504 Plan is also a form of a contract but focuses on what reasonable accommodations a student should receive to access their education. An IEP, on the other hand, is more comprehensive and reserved for students who need a tailored educational plan rather than just accommodations to access their education.
Civil rights litigation typically addresses violations under the ADA or Section 504. School districts may sometimes wrongfully opt to provide a student with a less costly 504 Plan than an IEP. If you believe your child has been discriminated against because of their disability, contact our Education Law Team today for help.
What Laws Protect My Disabled Student From Being Bullied?
The IDEA does not directly address bullying. However, the IDEA does require that disabled students be able to access their education in a way that is meaningfully beneficial to them. If your student is anxious, sad, or depressed at school because of bullying, the school has failed to create an accessible educational environment. Section 504 and the ADA also mandate that schools create safe and inclusive environments for disabled students. If your student has been victimized and bullied because of their disability, compensatory education may be available.
California Special Education Laws
In addition to the IDEA, ADA, and Section 504 discussed above, federally funded schools in California must also adhere to the state's special education laws and policies. Most of the state's special education laws are found within §§ 56000 and 48900 of the state's Education Code. These sections provide further guidance and requirements that California school districts must follow to properly implement the IDEA, ADA, and Section 504 on their campuses.
Special Education Attorney-Advisors in the San Jose-Sunnyvale-Santa Clara Metropolitan Area
Navigating the complex federal, state, and local laws that govern your disabled student's rights can be an exhausting process. Fortunately, the compassionate Education Law Team at the Lento Law Firm is standing by to help. We care about your child's rights and educational future. Contact us today by calling (888)535-3686 today or by visiting our online contact form.
