Away from the Strip and some of the world's best gambling, the Las Vegas area has quietly become one of the best places to raise a family in the United States. For families of students with disabilities, the area's public school system offers a variety of options for services and support.
Even the most well-meaning schools may fall short of their responsibilities to provide support and services to students with disabilities. You know the importance of an education for your child's future, and working with your student's school can sometimes be difficult and stressful.
When your child isn't receiving the support they need, you may find the process overwhelming or be unsure of how to advocate for what your child needs to succeed. In these cases, you should enlist the help of an outside advisor.
The team at the Lento Law Firm is a group of nationwide attorney advisors. We work with families from school districts, large and small, to help support their children.
Federal Law
The federal government requires that all children have access to a free public education. For students with disability, this right extends to services and support they need to fully access that education.
Three federal laws cover disability rights in education. The Americans with Disabilities Act (ADA) covers all Americans. K-12, college, and graduate students are all eligible for accommodations under the ADA.
Section 504 of the Rehabilitation Act of 1973 has two primary sections. One is to prevent K-12 students with disabilities from experiencing discrimination in school. Two is to prevent discrimination against any individual with a disability in any program that receives federal funding.
The third law, the Individuals with Disabilities Education Act (IDEA), applies to K-12 students. No part of IDEA applies to college students or any other individual once they are over the age of 22 or a high school graduate.
For students who are homeschooled or attend private or charter schools, one important detail of IDEA is that it applies to all children within a school district's boundaries. Students with disabilities do not have to attend their local public school to qualify for services from their local school district.
These three laws work together. Different sections and laws may apply depending on your disability and your situation.
Key Federal Terms
Understanding what the ADA, Section 504, and IDEA cover can be overwhelming. When navigating the school system, families should focus on knowing a few common terms and the relevant areas of the law that apply to their students.
Child Find
Under IDEA, all states must have ways to identify children who may have disabilities. Known as Child Find, this program requires school districts to provide evaluation services for all children within their boundaries.
As students must have an identified disability to qualify for services, Child Find is a crucial component of the process. Parents or guardians may refer children to their local school district. Clark County School District includes a section on Child Find, including an application form and contact information.
Free Appropriate Public Education
Section 504 requires that all children have access to a free appropriate public education (FAPE). For students with disabilities, this includes the services and support necessary to give them access to that education.
Least Restrictive Environment
When possible, the goal is to place students in the Least Restrictive Environment (LRE) that best supports their ability to access an education. For some students with disabilities, this means being part of the general school community. Other students benefit from specialized programs or schools, of which Clark County School District has several.
When determining LRE, the focus should be on the individual student and what environment will best support a student's ability to learn and receive what services and support they require.
Reasonable Accommodations
Schools must provide students who have disabilities with reasonable accommodations. These accommodations should enable students to have an educational experience similar to other students. When determining accommodations, schools will consider not only a student's disability and needed support but also other factors, such as cost or the burden it places on the school community.
Individualized Education Programs
Perhaps one of the most common acronyms is IEP, short for Individualized Education Programs. Every student with disabilities must have an IEP. IEPs should be a guide on how to support a student with disabilities, including what services or accommodations the student requires and their long-term goals.
Once a school district recognizes that a student has a disability, families and school staff will meet to create the IEP. IEPs will then be revised at annual meetings, although families may request more frequent revisions if they believe the IEP is not properly supporting their student.
Disagreements with IEPs generally stem from either the initial meeting or failure to implement the IEP. When disagreements occur, parents or guardians should first arrange a meeting with school staff to resolve the issue.
Nevada Law
The Department of Education's Office of Inclusive Education handles all issues related to students with disabilities. While the office's primary task is ensuring students are college or career ready, the office also collaborates with organizations and agencies around the state to “raise expectation and improve early childhood, educational, and employment outcomes for all students with disabilities, their families, and their communities.”
The department also manages the state's dispute resolution services as required by IDEA. As required by IDEA, the state offers four options for dispute resolution:
- IEP Facilitation
- Mediation
- Complaint
- Due Process Hearing
What option is best for you and your student depends on the details of the case. An experienced legal team can help families understand the options and which one offers them the best chance at a resolution that benefits their child.
The Las Vegas-Henderson-Paradise, NV Area
A century ago, less than 5,000 people called Clark County home. In the past two decades, the county has grown by almost 50 percent, from 1.3 million to 2.3 million residents. The county is now the most populous in Nevada and 11th in the United States.
Education
The Clark County School District serves the entire Las Vegas-Henderson-Paradise area. The region is also home to three colleges:
- University of Nevada, Las Vegas (UNLV)
- College of Southern Nevada (CSN)
- Nevada State College (NSC)
UNLV
A research university, UNLV, has an enrollment of over 30,000. The school has one of the top hotel administration programs and well-regarded graduate programs in business and creative writing. The school has also been ranked as having one of the most diverse student bodies.
UNLV also has a dedicated Disability Resource Center and UNLV Able and Active. The latter is a group composed of faculty and staff members who support the aims of the Disability Rights Movement. Their goals include improving the transition to campus life for students with disabilities and increasing access and inclusion in broader campus life.
CSN
The College of Southern Nevada, a community college, has three campuses, eight learning centers, and an enrollment of over 30,000. The school's Disability Resource Center has offices on all three campuses.
Nevada State College
Nevada State College is the newest addition to the county's higher education option. Opened in 2002, this public college has an enrollment of less than 4,500 students. NSC is still constructing its campus in Henderson with a focus on teaching and education.
NSC is home to the state's only dedicated program for deaf studies. This includes a minor in American Sign Language. The School of Education has dedicated programs for special education in early and elementary education as well as degrees in speech pathology. The school has a Disability Rights Center for its students.
Specialized Schools
As of 2023, Nevada does not have a state-sponsored school for the blind or deaf. Efforts to establish these schools have not yet been successful.
Students with visual impairments may attend programs at the Henderson campus of the Nevada Blind Children's Foundation. While the state does provide some funding, the foundation is a private organization. This means that, unlike a state-sponsored school or programs through the Clark County School District, programs are not free to families.
Clark County School District
With the population growth over the past two decades, the Clark County School District has experienced periods of over-enrollment. As of 2021, the district was one of the largest in the nation, with an enrollment of over 300,000.
One criticism has been that the district has become too large and should be broken up into smaller districts. Those who support breaking up into small districts point out that districts could be tailored to their specific area.
Those who believe the school district should stay intact point out that more districts would likely be more expensive. Each district would need its own HR or legal departments, for example, and a larger, single district can offer more specialization and other options, such as dedicated schools for students with certain disabilities.
Since 2020, enrollment at Clark County has decreased as more families have opted for private schools, charter schools, and homeschooling. Families of students with disabilities who select these options may still use their local public school district for services and other support.
Special Education Services
As of the 2022-2023 school year, slightly less than 13 percent of students receive special education services. Given the size of the school district, there are several dedicated offices and departments to support various disabilities. District-wide programs and services include:
- Adapted Physical Education
- Alternative Instruction
- Assistive Technology
- Deaf and Hard of Hearing Services
- Occupational and Physical Therapy
- Psychological Services
- Speech-Language and Audiology
- Transition Services
- Vision Services
The district also includes some resources for parents on its website. Recognizing that supporting children should extend beyond the school, they also have partners within the community.
Clark County Specialized Schools
For students who need support above and beyond what a general education school can provide, Clark County has specialized schools.
Founded in 1952, the Variety School was the first school in Nevada dedicated to special education. The school has been part of the Clark County School District since 1953. In addition to providing educational opportunities for its students, the school hosts a variety of programs for the community, including training for teachers.
The Miley Achievement Center focuses on students who have serious behavioral and mental issues. The school emphasizes that its purpose is to provide a nontraditional learning environment to help students reach their potential.
The John Miller School is a dedicated school for K-12 students between the ages of 3 and 22 who have specialized needs. The school's motto is All Children Can Learn, and families should contact their zoned school for information on how to apply for and register at John Miller.
The Helen J. Stewart School enrolls students with significant intellectual disabilities. One hundred percent of the students have IEPs, and the school has programs a wide range of programs to support students and help them to transition to post-school life.
The district also operates approximately 20 alternative schools.
In addition, the district works with Desert Willow Treatment Center, a state-sponsored psychiatric hospital for children. Clark County provides education services to patients.
Behavioral and Mental Health Issues
Research indicates that students with disabilities are more likely to have behavioral issues at school. While these issues were previously found predominately in middle and high school students, even before the pandemic, children of all ages were experiencing an increase in mental and behavioral issues both in and out of school.
A 2015 study found that Clark County has noticed an uptick in behavioral and mental health issues in elementary students. While the district's psychologists have issued recommendations for addressing this problem, they also face the problem of a lack of qualified psychologists.
Staffing Shortages
For students with less severe issues, receiving adequate support may be difficult. Like districts throughout the nation, Clark County faces a shortage of trained school psychologists. While the recommendation is one school psychologist for every 500 students, numbers from the Nevada Association of School Psychologists indicate Clark County currently has one psychologist for every 1600 students.
For students with minor behavioral or mental issues, this may mean they do not receive early intervention services or adequate support. When addressing behavioral or disciplinary issues, parents may want to request a Functional Behavior Assessment (FBA), which is a way to use data to understand a child's behavior. Another option would be to request a revision to their student's IEP or check that the IEP is being properly implemented.
If your child has behavioral issues, you should be proactive in determining the root of the issue. Due to staffing shortages, you should not rely on the school district to catch or solve the issue. While they do have an obligation under federal law to provide these services, federal law also acknowledges that school districts can do only so much when they have a lack of qualified staff. This is why parents and guardians need to be proactive in ensuring their child gets the support they require.
All Children Have the Right to an Education
Students with disabilities have a right to an education and the services, support, and accommodations that make access to that education possible. Your student deserves support that focuses on them as an individual and not on their disability.
If you live in the Las Vegas-Henderson-Paradise area, whether or not your child attends a school within the Clark County School District, your child has a right to services and support from the school district. As nationwide attorney advisors, the Lento Law Firm works with families to help them get their students the services they require to thrive in school. Contact us online or at 888-535-3686 for a consultation.
