Disabled students of all ages in the Los Angeles metropolitan area have rights afforded by both federal and state legislation. You or your student receiving your education in Los Angeles, Long Beach, Anaheim, or another city within the LA metro area should know these rights.
Attorney-Advisor Joseph D. Lento and his Student Defense Team will review any potential violation of a student's rights. We understand the intricacies of the Individuals with Disabilities Education Improvement Act (IDEA), the Americans with Disabilities Act (ADA), and California-specific laws protecting disabled students.
We help both public and private school students exercise their rights, giving them a stronger chance of academic, personal, and professional success. The Lento Law Firm works cooperatively with schools, school districts, and legal counsel for these parties. We want the best possible outcome for your student in Los Angeles, and we'll work tirelessly to enact that outcome.
Los Angeles Metropolitan Area
The second-largest metropolitan area in all of the United States, Greater Los Angeles encompasses several counties, including:
- Los Angeles County: LA County is the most populous in the entire United States, which often leads to disabled students' needs being lost in the sea of other students. Notable cities in Los Angeles County include Los Angeles, Long Beach, Santa Clarita, Glendale, Lancaster, Palmdale, Pomona, Torrance, Pasadena, and more.
- Orange County: Orange County developed throughout the mid-late 20th century to become a vital feature of Southern California, culturally and economically. Notable cities in Orange County include Anaheim, Santa Ana, Irvine, Huntington Beach, Garden Grove, Fullerton, Orange, Costa Mesa, Mission Viejo, and many more.
- San Bernardino and Riverside Counties: Known collectively as the Inland Empire, San Bernardino, and Riverside Counties include Riverside, San Bernardino, Moreno Valley, Fontana, Ontario, Rancho Cucamonga, Corona, Pomona, and several other populous cities.
- Ventura County: U.S. Route 101 has fueled the growth of Ventura County, which consists of cities including Oxnard, Thousand Oaks, Simi Valley, Ventura, and Camarillo.
Los Angeles has unique districting considerations. Cities like Santa Monica and Beverly Hills lie within LA County limits but are independent municipalities for most purposes. These kinds of considerations may be relevant when determining which school boards and government bodies to address.
Colleges and Universities in the Los Angeles Metro Area
Many students with disabilities attend college, university, trade schools, and other institutions of higher education in the Los Angeles metro area. While certain legislation like IDEA does not cover these students, other legislation like the ADA does.
The Lento Law Firm helps students with disabilities attending:
- University of Southern California (USC)
- University of California, Los Angeles (UCLA)
- Loyola Marymount University
- Biola University
- California Institute of Technology (Cal Tech)
- Los Angeles City College
- Azusa Pacific University
- California State University, Northridge
- Harvey Mudd College
- California State University, Los Angeles
- Claremont McKenna College
- Pomona College
- Mount Saint Mary's University Los Angeles
- Occidental College
- California State University Long Beach
- Pepperdine University
- California State University Fullerton
These are just a few of the schools we are familiar with in Los Angeles County. If you are a university-level student who needs an attorney-advisor to secure the rights you are entitled to, the Lento Law Firm Team will assist.
Rights Afforded to Disabled University-Level Students in LA
The term “disabled” has extended beyond the widely-accepted definition of 50 or even 20 years ago. We now know that students can appear generally high-functioning but struggle with disabilities like attention deficit hyperactivity disorder (ADHD), autism, dyslexia, and other conditions that affect learning.
Therefore, the scope of students who could benefit from hiring the Lento Law Firm is broad. The California Department of Rehabilitation (DOR) explains that Title II of the ADA protects individuals from discrimination in both “State and local government programs” and “public accommodations”—this includes public universities.
Most universities throughout California publish a statement that touts their commitment to serving disabled students. For example, California State University notes that “Every CSU campus has services to support students with certifiable disabilities.” Our firm ensures that universities live up to such statements.
Section 504 of the Rehabilitation Act of 1973 provides additional protection for university-level students with disabilities in the Los Angeles metro area. You may be able to exercise rights detailed under these laws if your school:
- Refuses to recognize your disability
- Does not allow you extended testing time
- Does not allow you to test in a private environment
- Will not provide tutors or other human aids
- Will not provide alternative learning or testing formats
- Will not provide any other reasonable accommodations you're entitled to based on federal legislation
Graduating from university is difficult enough when a school is taking good-faith measures to accommodate your disability. A
What Parents of K-12 Students With Disabilities in Los Angeles Must Know About the IDEA, the Americans With Disabilities Act (ADA), and Other Federal Protective Legislation
The IDEA, ADA, and Section 504 of the Rehabilitation Act of 1973 provide the most robust protections for disabled students in grades K-12. While the ADA and Section 504 ostensibly protect disabled students from discrimination, the IDEA deals with the kinds of services disabled students can receive and the mechanisms for funding those services.
Collectively, these statutes guarantee disabled students:
A Free Appropriate Public Education (FAPE)
The IDEA guarantees a free, appropriate public education for students whose ages typically correspond with grades K-12. For students with physical or learning disabilities, a FAPE typically means an education:
- That poses no cost to the parent or guardian
- Tailored to the needs of the disabled student
- With clear objectives to determine whether educators are upholding their end of the teacher-student pact
Due to California's substantial state-level protections for disabled students, “free public education” has come to mean an education that includes comprehensive services for disabled students.
Reasonable Accommodations
Disabled students in California have a right to reasonable accommodations that improve their chances of success in the classroom. Such accommodations may include:
- Providing a hard-of-hearing student with written instructional and testing materials
- Allowing a student to record lectures
- Allowing a visually impaired student audio instructional and testing materials
- Extra testing time
- Permitting a student to test in a private environment
- Assigning aids to tutors to a learning-impaired student
This is only a handful of accommodations that any school or school district should provide when appropriate. Our legal team will work with special education experts to determine which accommodations your student is entitled to.
Individualized Education Programs (IEPs)
Individualized Education Programs are one of the pillars of the IDEA. Administrators, teachers, parents, and students can collaborate when developing these learning and assessment plans, which are tailored specifically to the student.
The California Department of Education notes that an IEP may contain information about:
- The student's current performance levels
- Learning and behavioral goals for the student
- Specific services that the student should receive
IEPs serve as a sort of contract that parents should expect educators to honor. There is rarely a valid excuse for a school or district to stray from the details of an IEP, though these documents often require updating (with a parent's knowledge and consent).
An Education in the Least Restrictive Environment (LRE) Possible
All legislation governing students with disabilities in California is rooted in inclusion. Educators must make a good-faith effort to educate a disabled student in the least restrictive environment (LRE), which typically means in a classroom with their peers.
While certain accommodations may depart from the LRE principle (such as allowing a student to test in a private room), the lion's share of a student's education should come in the least restrictive learning environment.
Per the California Department of Education, state legislatures have passed laws that amend aspects of the IDEA. However, these amendments typically only strengthen the protections for disabled students.
Who Qualifies as “Disabled” in California?
Disability rights extend to a broad range of students in California, including those with:
- Autism
- Attention deficit hyperactivity disorder (ADHD)
- Emotional disturbance or mood disorders
- Deaf-blindness
- Hearing impairment
- Learning disability
- Speech or language impairment
- Conditions caused by brain injury
- Visual impairment
- Any other handicap that could interfere with the student's ability to learn, retain, or recite information in an educational setting
If you have any questions about whether you or your student fall within a protected class in California, our legal team will address your questions.
Does California Law Provide Additional Rights for Disabled K-12 Students in Los Angeles?
Yes, California frequently updates its Education Code to further protect the rights of disabled students of all ages.
For example, Disability Rights California (DRC) notes that Cal. Ed. Code § 56345(a)(9) requires that educators provide an Emergency Plan for disabled students affected by emergencies, such as a fire or earthquake.
DRC also cites several state-level rulings, including Fontana (Cal.) Unified School District, 36 IDELR 187 (OCR 2001) that establish what it means for a school or district to “retaliate” against a student, including a disabled student. Such rulings could be relevant if a school has attempted to take discipline against you or your student.
Recent legislation continues to strengthen disabled students' rights, including for students who attend non-public schools. For example, California Assembly Bill No. 605 (AB 605) requires that “local education agencies” provide school-purchased assistive technology to disabled students, including in the student's home if the IEP calls for it.
Furthermore, California Assembly Bill No. 1172 (AB 1172) requires that non-public schools “pay the full amount of the tuition or fees, as applicable, for individuals with exceptional needs…” The passage of this bill was a substantial step in providing uniform rights to disabled students in the Los Angeles metro area, regardless of which school they attend.
The Lento Law Firm Education Law Team is familiar with California statutes protecting disabled students from rights violations, including unjust discipline. We will cite these statutes as necessary as we seek a positive outcome to your case in the Los Angeles metro area.
California Is Frequently at the Forefront of the Fight for Disabled Students' Rights. Are You or Your Student Exercising the Full Extent of Those Rights?
Legislation like AB 605 and AB 1172 (both passed in 2019) show that California is constantly updating its laws to extend protections for disabled students. It can be extremely difficult for disabled students and parents of disabled students to keep up with these laws, which is where the Lento Law Firm comes in.
Our attorneys have represented a wide range of disabled students in California, spanning different ailments, ages, school types, and family situations. Let our Student Disability Education Team serving Los Angeles and surrounding areas explain prevailing laws and solutions we may secure on the student's behalf.
How Attorney-Advisor Joseph Lento Helps Disabled Students and Their Guardians in the Los Angeles Area
The Lento Law Firm's Student Defense Team assists disabled students (and their guardians) by:
- Securing and reviewing all behavioral records, IEPs, and other documents relevant to the case
- Determining precisely how a school or school district has deprived the student of their rights
- Identify a solution that would rectify the deprivation of rights, consulting the student (and guardian) about potential resolutions
- Communicating with the school, district, or other influential parties about negotiating a solution
- Negotiating directly with a school or district's Office of General Counsel (attorneys) if necessary
- Taking all necessary legal action to enact change on the student's behalf
We assist students facing a wide range of outcomes. Whether you or your student are facing discipline, seeking accommodations to improve academic or behavioral performance, want a safer learning environment, or have another outcome in mind, the Lento Law Firm can help.
Contact the Lento Law Firm Today to Discuss Disability Education Rights in Los Angeles
Exercising a student's rights today could unlock countless personal and professional opportunities in the future. Students and parents owe it to themselves to accept the help that the Lento Law Firm offers.
Call the Lento Law Firm today at 888-535-3686 or provide your information online and wait for our team to contact you.
