Students with disabilities have the right to an education free of discrimination. The extent of these rights varies depending on a student's age, grade level, and school, but schools cannot ban a student from participating based on their disability.
In California, students with disabilities have more protections due to state laws and policies. Whether a student lives in Mountain House or Lodi, Lincoln Village or Woodbridge, they have the right to an education and the possibilities it gives them for their career and future.
If you or your student is facing disability-based discrimination at school, the Lento Law Firm's Education Law Team can help. We work with families throughout San Joaquin County and nationwide. Students or families can call us at 888-535-3686 or fill out an online form to learn more about how we can assist.
About the Stockton, CA Area
The county seat of San Joaquin County, Stockton, is home to the University of the Pacific, the oldest university in California. As of the 2020 Census, the city had a population of approximately 320,000, while the metro area had a population of slightly under 800,000.
Stockton is part of California's Central Valley, one of the United States's leading agricultural areas. The Central Valley is currently experiencing an increase in population even as California's overall population, especially Los Angeles and San Francisco, decreases.
One of the biggest reasons for Stockton's expected population growth is the cost of living. While zip codes in Southern California and the Bay Area crowd the lists for most expensive real estate in the country, Stockton's annual home price in 2022 was $450,000 and only slightly higher than the median home price in the United States.
Rising Enrollment, Fewer Staff
This increased population extends to the area's colleges and universities. Both the University of the Pacific and local community colleges have had increased enrollments in recent years. For the 2023-2024 school year, the University of the Pacific reported its largest student body in the school's history.
One of the challenges with rising enrollment, whether at the K-12 or university level, is whether a school's staffing and resources can keep pace. Similar to the rest of the country, several school districts have had long-term staffing issues.
In the summer of 2023, for example, Stockton Unified had 137 vacancies and was offering signing bonuses up to $10,000 for special education teachers. When school resumed that August, Stockton Unified still had approximately 80 positions available. Neighboring Lincoln Unified District had over 100 open positions at the start of the same school year.
These staffing shortages extend into special education. A nationwide shortage of qualified special education teachers and paraprofessionals means that over half of the states report unfilled special education positions. Schools in the Stockton area aren't exempt from this problem, which can increase safety concerns for teachers and students.
The Teachers College of San Joaquin is hoping to decrease the region's teaching shortage with plans to open a teaching residency program and allow teachers to work while earning their credentials.
K-12 Schools
The following districts are located in San Joaquin County:
- Banta Unified
- Escalon Unified
- Jefferson Elementary
- Lammersville Unified
- Lincoln Unified
- Linden Unified
- Lodi Unified
- Manteca Unified
- New Hope Elementary
- New Jerusalem Elementary
- Oak View Union Elementary
- Ripon Unified
- Stockton Unified
- Tracy Unified
San Joaquin County requires that either the San Joaquin County Office of Education (SJCOE) or a school district authorize any charter school in the county. SJCOE currently authorizes the Venture Academy Family of Schools and the SJCOE One Charter Academies.
Private schools in the Stockton area include:
- All Saints Academy of Stockton
- Belle Vista Christian Academy
- Jim Elliot Christian High School
- Lodi Christian School
- Ripon Christian Schools
- St. Luke Catholic Elementary School
- St. Mary's High School
- St. Peter Lutheran School
- Vineyard Christian Middle School
Colleges and Universities
The area is also home to the following institutions of higher education:
- San Joaquin Delta College
- Teachers College of San Joaquin
- University of the Pacific
Teachers College of San Joaquin is the only accredited college that's a department within a county department of education. Founded in 2009, the school focuses exclusively on educating those who want to work in education.
Disability Rights in Education
The United States bans discrimination based on disability. Three federal laws – the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA) – establish the rights and protections for those with disabilities. These laws also establish a school's responsibilities in assisting students with disabilities.
These laws cover thousands of pages. Here are some of the key points about these three laws:
- K-12 students in public schools have the most protection
- K-12 students who are homeschooled or attend charter or private schools are eligible for services and support from their local public school even if they don't attend.
- Protection involves all aspects of education, including school events and extracurricular activities
- Federal law defines education as a “major life activity”
- All children have the right to a free appropriate public education (FAPE)
- For children with disabilities, FAPE includes the right to special education services
- When possible, students with disabilities should be placed in the least restrictive environment (LRE)
- Schools must provide students with reasonable accommodations
Reasonable Accommodations
All schools must provide students with reasonable accommodations. These accommodations do not have to be the newest or flashiest, the most expensive, or the most effective. Accommodations must be effective to meet this standard.
Schools may weigh any accommodations against whether it would place an undue burden on others. Schools may deny accommodations that are costly or would disadvantage or significantly inconvenience another member of the school community.
Students may request accommodations for either permanent or temporary disabilities. University of the Pacific's Services for Students with Disabilities works with students who have permanent or temporary disabilities or believe they may have a disability.
The difference between a college or university, such as the University of the Pacific, and a K-12 public school is that college students are assumed to be more independent. Undergraduate and graduate students are expected to advocate for themselves when requesting accommodations.
Issues with Stockton Unified
Stockton Unified School District has faced long-time problems with leadership, student test scores and performance, and funding. Up to one-third of Stockton students skip school on any given day, and a significant number are below grade-level proficiency in math and English. The district has also faced concerns about student safety. News reports indicate these problems are potentially more serious for students with disabilities.
If your child is a student at Stockton Unified and you believe any of these issues are affecting your student, contact the Lento Law Firm.
San Joaquin County SELPA
Given California's geographic size, diverse regions, and population, the state divides special education services into Special Education Local Plan Areas (SELPAs). San Joaquin County has three SELPAs.The San Joaquin County Office of Education operates the San Joaquin County SELPA.
This SELPA coordinates with the following districts to provide services to students with disabilities and improve use of resources:
Banta Elementary
Escalon Unified
Jefferson Elementary
Lammersville Unified
Lincoln Unified
Linden Unified
Manteca Unified
New Jerusalem Elementary
Ripon Unified
Tracy Unified
The Lodi Unified School District operates its own SELPA. Known as the Lodi Area Special Education Region (LASER), it also includes three other districts:
- Oak View Elementary School District
- New Hope Elementary School District
- Rio Valley Charter School
The county's third SELPA works exclusively with Stockton Unified School District. The Stockton City Unified SELPA is also known as the Port City SELPA.
IEPs
IDEA establishes Individualized Education Plans (IEPs). IEPs are written documents for K-12 students that list the support and services a school must provide to a student. Once schools and families agree upon an IEP, these documents are legally binding.
To qualify for an IEP, students must have a qualifying disability, and that disability must affect their education. Students who don't qualify for an IEP may qualify for a 504 Plan. Once a student graduates from high school, they no longer have a right to an IEP.
While K-12 private and charter schools may have similar documents to IEPs, families should be aware that these documents are not backed by federal law. This means that it may be more difficult to challenge a private or charter school that fails to provide support or services listed on an IEP.
Emergency Plans
As of 2020, California requires that districts include emergency plans in all IEPs. The goal of emergency provisions is to reduce the impact an emergency closure can have on a student's education and support.
The following events currently qualify as emergencies for IEPs:
- Fires
- Flood
- Impassable roads
- Epidemic
- Earthquake
- Major safety hazard
- Public health orders
- Transportation strike by a non-school provider
- War
- Another state of emergency
These rules only come into play when a school is closed for at least 10 days. The Winter 2023 closures, for example, would not require the use of a student's emergency IEP Plan.
Students with Disabilities and Bullying
Research consistently shows that students with disabilities are more likely to be bullied. A related problem is that students may not know who to speak to or how to report such incidents.
A recent academic paper summarized the results of two California-based studies on bullying. Among other findings, the paper reported that:
- Approximately 90 percent of students with disabilities experience bullying
- No clear, easy definition of what bullying is - or is not - exists
- More than 50 percent of students with disabilities and their parents didn't know how to file a complaint in response to bullying
- Approximately one-third of families were unaware if their student's school had an anti-bullying policy
When students don't know how to report an incident or that a school has policies that ban such behavior or actions, they may be more likely to struggle in school or skip classes. Some students with disabilities may be unable to explain why they're upset. For schools with staffing shortages, bullying may be less likely to be noticed or witnessed.
The CDC defines bullying as “unwanted, aggressive behavior that involves a real or perceived imbalance of power. The aggressive behavior is repeated, or has the potential to be repeated, over time.” Bullying can be physical, social, or verbal. It may occur in the classroom or during extracurricular activities.
A student may be bullied by classmates or members of school staff. Both Section 504 and the ADA ban disability-based bullying. Any student, regardless of age or grade level, may be subjected to bullying and can use federal law to address the issue. Bullying may deprive a student of their access to FAPE or equal access to their education.
Any student who has faced bullying as a result of their disability has options for addressing the issue and ending that harassment. Everyone deserves the right to an education free of harassment and intimidation. The Lento Law Firm Education Law Team can assist those who have faced bullying.
Students with Disabilities and Discipline
Students who have disabilities are more likely to face disciplinary action than their nondisabled peers. They're also more likely to face restraint or seclusion, although California has curtailed the use of both practices. Schools may now only use restraint or seclusion when a student's behavior or actions pose a clear and present danger of serious physical harm to any member of the school community.
Students with disabilities may have disciplinary issues due to inadequate special education support or a school's failure to implement their IEP. The question turns to whether the behavior in question is a result of their disability. A student's disability does not act as a bar against all discipline, but school staff may not understand or appreciate how a student's disability affects their behavior or actions.
For K-12 students, plans for student discipline should be part of a student's IEP. For all students with disabilities, students and their families should be prepared to show how and why their disability is a mitigating factor.
Education is a Right
Students with disabilities have a right to gain an education free of bullying and discrimination. They have the right to the support and services they require to access and benefit from that education.
If and when a student does not receive that support or is harassed or singled out as a result of that disability, they have options to resolve the issue. The Lento Law Firm works with students and families nationwide to find solutions that put their education first. Contact us online or at 888-535-3686.
