Nothing matters more to you than your children. You worry about them—about whether they're eating right and getting enough exercise, about who they make friends with, about whether they're spending too much time with their screens.
One of your biggest worries? Their education. You want them to have every opportunity to succeed at life, and that starts with classroom success.
If your child has a disability, you have some special worries. You know that it's not always easy to get your kids what they need, especially when it comes to education. Yes, your child is protected by federal law, including the
Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). If you live in Bakersfield, they're also protected by a number of California state laws and Department of Education policies. Not everyone follows the law the way they should, though. As hard as it is to believe, some educators simply don't understand why students with disabilities might need extra resources and materials. Others simply aren't well enough informed as to their responsibilities.
Of course, if your child isn't getting what they need to succeed in the classroom, the reason why isn't really important. What is important is that you get help, and you get it now. The Lento Law Firm is here to provide that help. We're dedicated to making sure all students are treated fairly and that they have what they need and deserve to reach their full potential.
If you're the parent of a student with a disability, and you think they aren't getting everything they should from their school district, you owe it to yourself to find out how the Lento Law Firm can help. Call 888-535-3686 today, or use the firm's automated online form.
The Bakersfield, CA Area
With a population of just under half a million, Bakersfield, CA is one of the fifty most populous cities in America. And it continues to grow. Between 1970 and 2010, it was among the fastest-growing places in California.
Given its size, it's no surprise that Bakersfield is also incredibly diverse, with sizable white, Hispanic, Latino, Black, and Asian populations. That diversity is especially apparent in the many area schools, including
- Cesar Chavez Elementary
- Downtown Elementary
- Dr. Douglas K. Fletcher Elementary
- Franklin Elementary
- Ramon Garza Elementary
- Ruth C. Harding Elementary
- Hort Elementary
- Jefferson Elementary
- McKinley Elementary
- Mt. Vernon Elementary
- Owens Elementary
- William Penn Elementary
- Roosevelt Elementary
- Wayside Elementary
- Williams Elementary
- Emerson Middle School
- Paul L. Cato Middle School
- Chipman Junior High
- Compton Junior High
- James Curran Middle School
- Lincoln Junior High
- Sequoia Junior High
- Sierra Middle School
- Walter W. Stiern Middle School
- Washington Middle School
- Arvin High School
- Bakersfield High School
- Centennial High School
- East Bakersfield High School
- Foothill High School
- Frontier High School
- Golden Valley High School
- Highland High School
- Independence High School
- Liberty High School
- Mira Monte High School
- North High School
- Ridgeview High School
- Shafter High School
- South High School
- Stockdale High School
- West High School
Every one of these schools is different, depending on dozens of factors like location, demographic makeup, and the economic outlook of the families who send their children to them. They have their own policies, their own rules, and their own particular personalities. One thing they all have in common, though, is that they're all subject to federal and state laws regarding disability in education. In addition, they're all served by the Lento Law Firm. Whether your child attends Cesar Chavez Elementary or West High School, the Lento Law Firm is always just a phone call away at 888-535-3686.
Colleges and Universities in Bakersfield, CA
Of course, disability rights don't just apply to K-12 students. The ADA, in particular, applies to all disabled persons. Among its many provisions, it requires public institutions—including all universities and colleges—to provide equal access to services.
Bakersfield is home to several quality institutions of higher education.
- California State University, Bakersfield
- Bakersfield College
- University of LaVerne
- Fresno Pacific University
What does equal access mean at these colleges and universities? It means they cannot discriminate against disabled persons when it comes to admissions. And, while professors aren't required to develop IEPs for their students the way K-12 teachers are, they are required to provide disabled students with course accommodations where necessary to give students with disabilities a more level playing field.
The Lento Law Firm doesn't just help K-12 students with disabilities. If you or one of your children is a disabled college student, we can help you as well. We'll make sure your school respects your rights and that it provides you with access to all the educational tools you need.
The Fundamental Right to Education
If you're the parent of a student with a disability, you need to know your child's rights when it comes to education. First and foremost, you should recognize that your district is required, as a matter of law, to provide your child with a quality education. Education for your child isn't just a nice idea or something the district has a moral obligation to provide. If they aren't doing that, you are always within your rights to demand it.
What laws are we talking about? Well, first and foremost, there's the US Constitution and the Bill of Rights. These grant to every child in this country the right to a free public education. And that right is unconditional. That is, nothing—not race, not gender, not sexual orientation, not economic status, and not disability—can be used to deny education to any child.
To further enforce this idea, more recent legislation has focused on giving educational rights specifically to students with disabilities. We've already mentioned IDEA and ADA. In addition, Section 504 of the Rehabilitation Act of 1973 requires districts provide whatever materials and services disabled students need in order to get an education equal to that of their peers.
Finally, you need to know that these laws don't just give educational rights to students with physical disabilities. Most people realize that government buildings, including schools, must provide equal access to physical facilities. If a student needs a wheelchair ramp to get into a building or an elevator to get to a class on an upper floor, the district must install those. If a blind student needs textbooks in braille, or a deaf student needs a sign language interpreter, the district must provide those as well. The district's responsibility extends to so-called “hidden” disabilities as well, though, such as ADD, ADHD, and the autism spectrum.
The full list of disabilities covered under federal law includes
- Autism
- Deaf-blindness
- Deafness
- Developmental delay
- Emotional disturbance
- Hearing impairment
- Intellectual disability
- Multiple disabilities
- Orthopedic impairment
- Other health impairment (OHI)
- Preschool severe delay
- Specific learning disability (SLD)
- Speech or language impairment (SLI)
- Traumatic brain injury (TBI)
- Visual impairment
Your child might not need a service ramp. They might, though, need more time to complete their assignments or access to special technology. No matter what your child needs, the Lento Law Firm is here to make sure your district provides it.
The Principles Within the Law
The law is a great starting point for understanding your child's rights. It can also be useful, though, to know some of the important educational principles that have developed around the law and that further define disabled students' rights.
- Free Appropriate Public Education (FAPE): This is shorthand for the fundamental principle, mentioned above, that every US child has the right to a “Free Appropriate Public Education.” “Appropriate” is a keyword when it comes to disability rights in the classroom. It means that your child's school must provide them with an education equal to their peers, even if that requires them to make modifications to the facilities or the methods of instruction.
- Reasonable Accommodations: This concept helps further establish what “appropriate” means. Specifically, schools are supposed to make all “reasonable” accommodations necessary to help students with disabilities learn. Again, that can mean buying desks that are more comfortable for a student in a wheelchair. It can also mean purchasing tablets and software, tutors, and aides. In fact, there is no limit on what accommodations a district must make other than that those accommodations be “reasonable.” Further, the “free” part of FAPE requires the district to provide these modifications at no charge to you.
- Individual Education Programs (IEP): The obligation to provide an appropriate education and to make accommodations where necessary ultimately led to the creation of Individual Education Programs, or IEPs. These help spell out in clear, concrete terms what students with disabilities need to be successful, from physical modifications to a particular curriculum. IEPs ultimately hold schools and individual educators responsible for providing your child with the resources they need.
- Least Restrictive Environment (LRE): Finally, in recent decades, another important educational principle has developed known as Least Restrictive Environment. Basically, it states that all children should be placed in learning environments that are the “least restrictive” to their ability to learn. Studies have proven that the “least restrictive environment” is almost always in the mainstream classroom with other peers. In short, LRE helps to ensure that students with disabilities can't be moved to separate classrooms and isolated. Every child is different, and LRE ensures that everyone—including those with disabilities—can interact in one classroom.
As you can see, there is absolutely no reason for any teacher or administrator to discriminate against your child in any way. Quite the opposite. The law, and education, have evolved to guarantee that students with disabilities are treated fairly.
Even so, you may come across educators who simply aren't implementing these laws and policies appropriately. You may encounter teachers who refuse to make an exception when your child needs more time to complete an assignment. You may encounter superintendents who don't want to spend the money necessary to install the equipment your child needs or to buy the technology that will allow them to learn best.
You can't be shy about demanding fair treatment, and you need to act quickly to make sure your child gets it. The longer you wait to act, the further behind your child may fall academically. At the very first sign of trouble, you must contact the Lento Law Firm to find out how we can help. Your child's future is important to us. We're in your corner, and we'll fight to make sure your child gets everything they need and deserve.
California State Law and Department of Education Policy
Federal law does an excellent job of granting educational rights generally to students with disabilities. However, it doesn't tell states how to implement these rights specifically. In Bakersfield, California state law does that. So, for example, California statute 60061 requires that all textbooks purchased by the state come with the right for California to make braille, large print, recorded, American sign language video, and other media editions as necessary for students with disabilities.
Other California state laws require local educational agencies to identify in their districts all persons with disabilities under the age of 21. This means your local district in Bakersfield should have assessment programs in place so you don't have to go to the expense of verifying your child's disability.
California wants to do the best it can for the students in the state. You don't always need to fight a school district to get your child the resources they need. Often, protecting them is as simple as knowing who to talk to in the California Department of Education and what to say. The Lento Law Firm knows the California DOE system and the Office of Specialized Programs, which specifically handles disability issues. No matter what the problem, we can help you navigate the bureaucracy and get answers.
Manifest Determinations
Discipline is an important topic when it comes to education, and it can be especially sensitive when students with disabilities are involved. Numerous studies have shown that students who are given so-called exclusionary discipline—suspension, expulsion, and alternative school placement—suffer educationally. It isn't just that such discipline interferes with learning. The shame and ridicule students endure, and the separation from their peers they face lead to emotional issues as well. Students with disabilities are especially vulnerable to these negative effects since many already feel separate from their peers because of their disability.
As a result, California law requires that schools conduct a “Manifest Determination” for each student with a disability before assigning them any type of exclusionary discipline. The purpose of this process is to determine whether the disciplinary misconduct could have been caused by the student's disability and whether the conduct might have been the direct result of a failure to implement the student's IEP.
Your child should never be held accountable for behavior over which they have no control. If your student has been accused of misconduct, make sure you contact the Lento Law Firm before you accept any proposed disciplinary sanctions.
Protect Your Student's Right to an Education
Disability law can be complicated, particularly when it's applied to education. As a result, it's not unusual to come into contact with educators, even seasoned educators, who either don't know the law or don't know how to implement it properly. This doesn't necessarily mean they don't want to help. They may genuinely have you and your child's best interests at heart but still get things wrong.
In those situations, the Lento Law Firm will be a tremendous help. The attorneys at the Lento Law Firm know the law, and they know how to help others better understand the law. They know how to talk with school officials and work out resolutions. They also know how to be tough when they must and how to fight to ensure your child is treated fairly and given every chance to succeed.
To find out more about what the Lento Law Firm's Education Law Team can do for you and your family, contact us today at 888-535-3686 or use our automated online form.
