In the United States, three federal laws establish the foundation for disability rights in education. California has put additional requirements in place to support students with disabilities better.
The laws about disability rights in education focus on the K-12 years, especially for students in public schools. One reason for this is that the United States gives all children the right to a free appropriate public education. While students in undergraduate and graduate programs do not have a right to an education, they do have the right to a similar educational experience as their non-disabled peers.
The most common term for the services students with disabilities require is special education. Special education, much like disabilities, covers a spectrum of support and accommodations. For students with disabilities, special education services are a required part of their education.
The Education Law Team at the Lento Law Firm helps students with disabilities. We know the importance of an education, including the services and support you need to succeed. We encourage students and families to contact us at 888-535-3686 or online to learn how we can help protect their education.
About the Oxnard-Thousand Oaks-Ventura Metropolitan Area
Situated north of Los Angeles and south of Santa Barbara, the Oxnard-Thousand Oaks-Ventura metropolitan area is located in Ventura County. The region reaches from the Pacific to the western part of the San Fernando Valley and up to the Los Padres National Forest. Oxnard, the southernmost city of the California Central Coast, is the largest city in Ventura County.
The Oxnard-Thousand Oaks-Ventura Metropolitan Area is considered part of the greater Los Angeles area for the U.S. census. The Ventura region is home to over 800,000 inhabitants with a lower population density than the overall area. Surrounded by some of the nation's most expensive real estate, Ventura County is affordable only in comparison to these tony zip codes.
Much like the rest of Southern California, Ventura has seen a significant increase in home values in recent years. As of 2023, Thousand Oaks had a median home price of $1.1 million, which is an increase of almost 50 percent compared to five years before.
These high home values are one reason why Ventura County schools have seen a decline in enrollment over the previous decade. While this decline in enrollment may seem positive for the remaining students, fewer students means less funding.
California uses an attendance-based funding formula. This means schools receive less money when fewer students attend. Ojai Unified, for example, has already approved closing two schools and staff layoffs in response to declining enrollment.
K-12 Schools
The Oxnard-Thousand Oaks-Ventura Metropolitan Area is home to 20 public K-12 school districts. Some districts serve either elementary students, generally K-8 students, or high school students. Districts with unified in their name cover the entire K-12 year.
The following districts are located in Ventura County:
- Briggs School District
- Conejo Valley Unified School District
- Fillmore Unified School District
- Hueneme Elementary School District
- Mesa Union School District
- Moorpark Unified School District
- Mupu Elementary School District
- Oak Park Unified School District
- Ocean View School District
- Las Virgenes Unified School District
- Ojai Unified School District
- Oxnard School District (K-8)
- Oxnard Union High School District
- Pleasant Valley School District
- Rio School District
- Santa Clara Elementary School District
- Santa Paula Unified School District
- Simi Valley Unified School District
- Somis Union Elementary School District
- Ventura Unified School District
In addition to these districts, the Ventura County Office of Education operates court and community schools as well as special education schools. The special education schools within Ventura County are:
- ACCESS
- Dorothy Boswell School
- Douglas Penfield School
- Dwire School
- James Foster School
- La Mariposa Elementary School
- Las Colinas Middle School
- Odyssey
- Phoenix - Airport
- Phoenix - Los Nogales
- Pleasant Valley Early Childhood Center
- Sunkist School
- Triton Academy
Referrals to these schools generally come from a student's home school district. Even if a student doesn't currently attend their local school, parents or guardians should generally begin by contacting their local school.
These schools range from early childhood centers to post-12 transition services. The Dorothy Boswell School, for example, provides training for jobs and independent living for post-secondary students. In comparison, the Pleasant Valley Early Childhood Center works with preschool students and has a range of therapists and specialists on-site to help students.
Colleges and Universities
While not hosting one of the University of California campuses, Ventura County does have several higher education opportunities for its residents. These include a California State University campus and a countywide community college system.
Colleges and universities located in Ventura County:
- California Lutheran University
- California State University Channel Islands (CSUCI)
- St. John's Seminary
- Thomas Aquinas College
- Ventura County Community College District (VCCCD)
VCCCD has the following campuses:
- Moorpark College
- Oxnard College
- Ventura College
Similar to other community colleges in California, these schools offer technical training, continuing education, and transfer opportunities to four-year colleges and universities.
Ventura County residents may also attend colleges and universities in Santa Barbara and Los Angeles Counties. These schools include:
- Mount St. Mary's University
- Pepperdine University
- Santa Barbara City College
- University of California, Los Angeles (UCLA)
- University of California, Santa Barbara (UCSB)
- Westmont College
For college and university students, the laws and regulations governing disability rights are almost identical regardless of a school's location. Whether a student attends a school in Ventura, Santa Barbara, or Los Angeles counties, or elsewhere in California or the United States, many of the same laws will apply.
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) established the foundation for disability rights in the United States. These three laws establish the bare minimum that states and schools must do for disability rights.
States or local governments may add other requirements. They cannot do less than what the ADA, Section 504, and IDEA require.
Of the three, the ADA is the broadest law, and IDEA is the narrowest. ADA applies to all Americans and any building or organization open to the public. IDEA, in comparison, applies only to children who have not graduated from high school and public schools.
Section 504 predates both laws and can fill in the gaps, as it were. Undergraduate and graduate students often rely on Section 504 as IDEA no longer applies to them, and K-12 students who do not qualify under IDEA may qualify for support under Section 504.
Defining Disability
The ADA and Section 504 use the same definition of disability. Under these two laws, “an individual with a disability is defined as:
- A person who has a physical or mental impairment that substantially limits one or more major life activities,
- A person who has a history or record of such impairment,
- or
- A person who is perceived by others as having such impairment.”
One important component of Section 504 is that its protections extend to all school activities and not just classes. K-12 students who don't qualify under the more narrow IDEA may qualify for a 504 Plan under Section 504.
In comparison to the ADA and Section 504, IDEA uses a qualifying list of disabilities, and this disability must affect a student's ability to learn. In California, the following disabilities qualify a student for support:
- Autism
- Deaf-blindness
- Deafness
- Emotional disturbance
- Hard of hearing
- Intellectual disabilities
- Multiple disabilities
- Orthopedic impairment
- Other health impairment
- Specific learning disability
- Speech or language impairment
- Traumatic brain injury
- Visual impairment
IDEA gives students the right to an Individualized Education Plan (IEP). IEPs are written documents that establish what services a school will provide to students.
IEPs in California
California has requirements above federal law for IEPs. Some of the specifics for California include:
- Transition planning beginning at age 14
- Protection under IDEA, including an IEP, until age 22 if a student has not received a high school diploma or equivalent
- Emergency plans for all IEPs
For college students who have an IEP, bringing a copy of their IEP to college can be useful. While colleges and universities do not have a legal obligation to follow an IEP, an IEP can be a useful template for determining what services and support a student needs in both undergraduate and graduate programs.
SELPAs
California also has Special Education Local Plan Areas (SELPAs), which focus on K-12 education. Recognizing California's large size and population, SELPAs divide the state into geographic regions to better support students with disabilities. The Ventura Department of Education operates the region's SELPA.
On its website, the Ventura SELPA lists three components of its mission:
- Summarize its policies, procedures, and services
- Check that all qualified children and students have access to the special education services and accommodations they need
- Assure compliance with all relevant federal and state laws
Under IDEA, students who do not attend public schools may still qualify for support from public entities.
Common Terms
As mentioned in the introduction, all children in the United States have the right to free appropriate public education (FAPE). This is one of several terms commonly used when discussing disability rights in education.
FAPE applies to K-12 students. It includes special education services for students who have a qualifying disability.
Least Restrictive Environment (LRE) refers to placing students with disabilities in general education classrooms and encouraging participation in the general school community as much as possible.
The caveat is that LRE should be in a student's best interests. Some students benefit from more specialized instruction or even placement in a school focused on special education. Appreciating that some students with disabilities need more support than a general school can provide, Ventura has several special education schools.
Reasonable Accommodations
Schools must provide students who have disabilities with reasonable accommodations. These accommodations do not have to be the newest, most efficient, or most expensive, but they must be effective.
Schools may balance a student's requested accommodation against the burden it would place on others. If and when an accommodation would place an undue burden on others, a school may reject an accommodation.
Three commonly cited examples of undue burden include:
- The cost to the school
- The expected time commitment to staff
- If it would disadvantage other students, including their access to FAPE
For the Southern California region, a recent case involving the Los Angeles Community College District helps explain what reasonable accommodations mean. In this case, students with vision impairments filed suit over the district's failure to provide access to textbooks and other materials in formats these students could use and understand. The courts sided with the students.
The students filed under the ADA on the basis of discrimination. While LACC originally planned to appeal the decision to the Supreme Court, they later announced they would let the lower court ruling stand.
This case highlights how, even without the protection of IDEA, undergraduate and graduate students still have avenues available to them to address discrimination in an educational setting.
Special Education and Disability Support
One difference between K-12 schools and colleges and universities is how they refer to their disability-support programs. While terms may vary between school districts, K-12 schools often use special education or special services when referring to disability support. Colleges and universities are more likely to use terms such as disability accommodations and support services.
One reason for this distinction is that colleges and universities have fewer requirements about how they support students with disabilities. Once in college, the general assumption is that students are more independent than their younger peers. Similar to how students have more flexibility in setting their schedule and choosing their classes, how schools provide disability support shifts the burden to students.
Disability Support is a Right
Whether a student is in preschool or graduate school, when they have a disability, they have a right to the services and support they require to benefit from their education. The law that provides this right may change, and the services offered can vary, but all students with disabilities have the right to support, services, and accommodations.
Whether you're attending CSU-Channel Islands or Cal Lu, Westlake High School or Red Oak Elementary School, you have a right to disability support. Lento Law Firm's Education Law Team supports families and students nationwide to obtain the support and services they require to thrive in school. Let us know more about your case and learn how we can help by contacting us at 888-535-3686 or online.
