If you have a child with a disability in Riverside, San Bernardino, Ontario, and surrounding metropolitan areas in California, navigating the maze of special education law in the state can be challenging. Education law can be complex, nuanced, and difficult to understand, but it shouldn't be as hard as some school districts make it.
California and federal laws are in place to ensure your child receives a “free and appropriate education” and that they get the education-related services and support needed. Attorney-Advisor Joseph D. Lento and his National Education Law Team at the Lento Law Firm can help make sure your child gets the education and support they deserve. Call them at 888-535-3686.
Federal Special Education Laws
The Americans with Disabilities Act (ADA) and the Individuals with Education Disabilities Act (IDEA) are the foundation of federal education law in the U.S. These laws apply to all public schools but do not necessarily apply to private schools in the same way.
- The Americans with Disabilities Act The Americans with Disabilities Act protects students with disabilities from discrimination. The ADA ensures that students who qualify have the same access to educational opportunities, services, programs, and activities in school as all other students. The ADA also offers equal access to education in the workplace and college for adults. However, the student must advocate for themselves once they begin college.
- The Individuals with Education Disabilities Act The Individuals with Education Disabilities Act (IDEA) safeguards every student's right to receive a “free and appropriate public education” (FAPE). This includes special education, related services, and accommodations that meet each child's needs. Under IDEA, each state must issue guidelines for implementing the law in the state. However, IDEA no longer applies to most students once they leave high school.
Riverside-San Bernardino-Ontario Metropolitan Area
Nearly five million people live in the areas of Riverside, San Bernardino, and Ontario, California. This area is also known as the “Inland Empire,” adjacent to Los Angeles County and inland from coastal Southern California. Some major suburban areas include:
- Riverside,
- San Bernardino,
- Fontana,
- Moreno Valley,
- Rancho Cucamonga,
- Ontario,
- Corona,
- Victorville,
- Murrieta, and
- Temecula
Some of the largest school districts include:
- Rialto Unified,
- Chino Valley Unified,
- San Bernardino City Unified,
- Chaffey Joint Union High School District,
- Hesperia Unified,
- Colton Joint Unified,
- Ontario-Montclair, and
- Redlands Unified.
However, there are dozens of school districts, each with its own procedures and policies for special education children. Understanding the policies in the school district where you live is essential to ensuring your children receive the education, accommodations, and services they deserve.
Colleges and Universities in the Riverside Area
California is known for its top-notch colleges and universities, both private and public, including:
- UCLA,
- Pomona College,
- Harvey Mudd,
- Pitzer,
- Scripps,
- UC Riverside,
- The University of Redlands,
- Stanford, and more.
Publicly funded schools, such as those in the University of California, California State, and California Community College system, must follow federal and state disability laws. However, private schools must also allow equal access to education for students with disabilities. Title II of the ADA covers publicly funded schools, including colleges and universities, while Title III of the ADA covers privately funded institutions. Secondary schools often have an office that coordinates accommodations for students with disabilities. You should check with your child's college or university and have your child coordinate with their school's disability office.
Some laws, such as IDEA, don't necessarily apply once your child finishes high school and begins college. Universities may also have policies for disability education that differ from those in high school. However, a student's IEP or 504 plan may still impact their college education plan and carry forward from high school. These plans can also provide a useful framework for developing educational support and accommodation in college.
However, your student will undergo a major transition between high school and college. Once they leave high school, your young adult will be expected to advocate for themselves with their educational institution and individual instructors. You, as a parent, will no longer have a legal role advocating for your child. In many cases, colleges and universities are legally prevented from sharing information with you because of federal privacy laws unless they have a signed waiver from your student. However, California does have state programs that can help students transition from high school to the workplace, vocational programs, or college.
Understanding FAPE, Reasonable Accommodations, and IEPs
Under ADA, IDEA, and Section 504 of the Rehabilitation Act of 1973, public school students with disabilities are entitled to the services and support they need to access a “free and appropriate education.” However, federal education laws mandate more legal obligations for k-12 schools than public colleges and universities. Some important key terms you should understand include:
- Free and Appropriate Public Education
- Individualized Education Program
- Reasonable Accommodations
- Least Restrictive Environment
Free and Appropriate Public Education or FAPE
Entitlement to a “free and appropriate public education” (FAPE) comes from IDEA. For children with disabilities who qualify, accessing a FAPE may include services or additional programs at no cost to families. Related programs and services might include occupational therapy, additional reading instruction, counseling, or transportation to and from school and therapies. Under California law, related services that may help a student access a FAPE include services such as:
- Reading, speech, or language remediation,
- Audiological or vision services,
- Instruction at home or in a hospital,
- Physical and occupational therapy,
- Mobility or orientation instruction,
- Counseling, guidance, or psychological services,
- Health or nursing services,
- Parent counseling,
- Vocational and career development services,
- Social worker services,
- Specialized services for disabilities, such as vision and hearing services,
- Interpretative services, and
- Recreation services.
See Cal. Educ. Code § 56363(b).
Individualized Education Programs or IEP
An individualized Education Program or IEP is a plan that sets forth the special education services, instruction, and supports that a child may need to succeed in school. It contains objective baselines and educational goals developed with the parents, teachers, school, and the student when appropriate. Under federal law, an IEP is a legal document that outlines what the school must provide and allows parents to be involved in their child's education. An IEP also gives students rights concerning school disciplinary procedures.
Reasonable Accommodations
Section 504 of the Rehabilitation Act of 1973 is important to U.S. education disability law. Under Section 504, public schools must ensure that students with disabilities have an equal opportunity to participate in school, programs, and activities. Under Section 504, schools provide “accommodations” to students who don't qualify for services under an IEP to ensure that they also have equal access to school programs and activities. Making an “accommodation” means adjusting or modifying their typical school curriculum based on the child's needs.
When a school makes “reasonable accommodations” to a curriculum, they typically set them forth in a “504 plan” for the child, which meets the requirements of the ADA and Section 504. But neither the ADA nor Section 504 actually define the term “reasonable accommodations.” Each school can and will consider the cost, district resources, and other factors to determine whether an accommodation is reasonable.
Least Restrictive Environment or LRE
The Individuals with Education Disabilities Act requires that kids with disabilities learn with their fellow students in a typical classroom as much as possible. This is known as the “Least Restrictive Environment” or LRE. To keep disabled students in the LRE, the school must include them as part of the school community, and they may have an aide who assists them in the classroom, receive services in the classroom, or receive additional services outside the classroom from time to time.
Students with disabilities should always be in the LRE and only in a separate classroom when it's the only option because of their special needs. The LRE may look different for each student. However, the classroom environment for each student should ensure a FAPE, working with the IEP and the student's 504 accommodations.
California Special Education Law
California special education laws mirror federal laws in many ways, including the ADA and IDEA. However, in some cases, California laws and regulations extend the protections of federal statutes or provide more protection than federal laws. Children younger than five are eligible for special education services if a local education agency identifies them as needing early childhood education or intervention. Students between 18 and 22 are eligible if they are still in high school. Under federal law, the age is 21, but California law extends it to 22. See Cal. Educ. Code §§ 56026(c) and 56026.1(a); 34 C.F.R. § 300.102(a)(3).
To qualify for special education in California:
- The student must have one or more qualifying disabilities,
- The disability must negatively impact their education, and
- The disability must need special education or special education-related services.
See Cal. Educ. Code §§ 56026(a)-(b). However, the child may not qualify for special education if the school can meet the student's needs with non-special education services. For example, if the school can meet a child's needs by modifying a classroom curriculum or program. Cal. Educ. Code § 56026(b). State law also allows a school to decline special education services if the student's educational needs exist primarily because of a language barrier, a lack of instruction in math or reading, a temporary disability, social maladjustment, or economic or cultural factors. See Cal. Educ. Code § 56026(e).
California Anti-bullying Statute
California has several laws and regulations covering bullying behavior in schools. Bullying in school involves severe or pervasive conduct, including those in writing or online if it:
- Puts a reasonable student in fear for their person or property,
- Causes a substantially detrimental effect on a student's physical or mental well-being,
- Substantially interferes with the student's academic performance, or
- Substantially interferes with the student's ability to participate in or benefit from the school's services, privileges, and activities.
School anti-bullying laws include off-campus cyber-bullying activity if the creation or transmission happened at school. California school anti-bullying policies must include key policy elements outlined in state law, including items such as:
- Statements prohibiting bullying in school,
- Anti-bullying, anti-discrimination, and other policy statements,
- Procedures for reporting and investigating complaints, including timelines,
- Protections from retaliation for students who complain,
- Resources to support at-risk students, including students with disabilities, and
- Delegating an office responsible for compliance.
Manifestation Determinations
If a school considers removing your student with a disability for discipline, including suspension or expulsion, a manifestation determination may be needed. Under IDEA, a manifestation determination is necessary whenever a district attempts to change your student's school placement because of a code of conduct or disciplinary violation. The school must consider:
- Is the conduct related to the student's disability?
- Did the behavior result directly from the school failing to implement an IEP?
If a student's removal adds up to ten days or multiple removals add up to ten days over time, you can request a manifestation review in writing. This ensures that the school is properly supporting your student and complying with their IEP and that the school considers modifying the IEP if necessary. If your student's school challenges the manifestation review or refuses to support your child properly, it may be time to get Attorney-Advisor Joseph D. Lento and the National Education Team at the Lento Law Firm involved.
Protect Your Student's Right to an Education in California
Both California and federal laws give every student the right to a free and appropriate public education. If you live in the Riverside, San Bernardino, Ontario metropolitan area, it's essential to understand the policies and procedures of your student's school district and to ensure that their school supports your child appropriately. To be sure your child receives the education they deserve, you need to understand the state and federal laws that protect your student with a disability. But navigating California's labyrinth of education laws isn't something you have to do alone. Attorney-Advisor Joseph D. Lento and the National Education Law Team at the Lento Law Firm have been helping students like yours across the country for years, and they can help you too. Call the Lento Law Firm at 888-535-3686 or contact them online to schedule your consultation.
