A free appropriate education is a right all students have in the United States, including students with disabilities. The Individuals with Disabilities Act (IDEA) of 1990 outlines the rights and protections students with disabilities have under U.S. law and what schools are mandated to do to equitably serve all students.
Individualized education plans (IEPs) must be maintained and implemented by schools for students with qualifying disabilities under IDEA. Section 504 of the Rehabilitation Act of 1973 is another federal law that requires colleges and universities, including graduate and professional schools, to reasonably accommodate student disabilities. This could mean equipment, facilities, testing, or schedules put in place to help ensure that a student learns and achieves.
Another federal law, Title II of the Americans with Disabilities Act, requires that colleges and universities reasonably accommodate qualifying student disabilities. U.S. Department of Education regulations outline these rights for students with physical impairments such as orthopedic impairments, hearing impairments; visual impairments; intellectual disabilities; speech or language impairments; health impairments; and learning disorders – ADHD, autism spectrum disorder, and dyslexia among them – as well as psychiatric conditions requiring psychoactive medication.
Beyond federal law, state and local laws also factor into what rights all students, including students with disabilities, are entitled to. This includes laws protecting them from bullying or victimization, behavioral interventions that violate their IEP (manifestation determination), and failure to provide legally mandated services or accommodations.
If you are a student or a parent or guardian of a student in the Sacramento-Roseville-Folsom Metro Area, arm yourself with the knowledge of what laws are on the books to protect students in the event you need to advocate for yourself or your child.
Attorney-Advisor Joseph D. Lento and the Education Law Team at the Lento Law Firm are experienced in working with schools and school districts to ensure students have what they need and are legally entitled to in order to succeed in their education.
Sacramento-Roseville-Folsom Metropolitan Area
The Greater Sacramento Metropolitan Area is home to nearly two and a half million residents living in four counties – El Dorado County, Placer County, Sacramento County, and Yolo County.
The City of Sacramento, situated in Sacramento County, is an educational hub, home to UC Davis and Sacramento State University, as well as a cultural destination dotted with museums, fine arts, and performing arts venues throughout the city.
Students from area colleges and universities are often recruited by some of the city's major employers, including Sutter Health, Blue Diamond Growers, and Aerojet Rocketdyne.
In nearby Folsom, the Intel Corporation seeks talent from around the Sacramento Metro Area as well, employing nearly 18% of Folsom's approximately 72 thousand residents.
Kaiser Permanente, Hewlett Packard Enterprise, and Roseville Medical Center, all in Placer County, Roseville, are three other major employers of graduates from the Sacramento-Roseville-Folsom Metropolitan Area, including students from nearby Arden-Arcade and Rancho Cordova and the areas many colleges and universities.
Schools in the Sacramento-Roseville-Folsom Metropolitan Area
Districts throughout the Sacramento-Roseville-Folsom Metropolitan Area should have information about how they serve students with disabilities publicized on their websites. Familiarize yourself with your district's policies and practices if you are preparing to advocate for your student.
If your student attends a public K-12 school within the Sacramento Metro Area, including those listed below, and you believe the school or school district is in violation of state or federal education laws, you may wish to consult with a legal advisor. Attorney-Advisor Joseph D. Lento and the Education Law Team at the Lento Law Firm can increase your chances of a positive outcome.
K-12 Schools
- Sacramento City Unified School District
- Arcohe Union School District
- Center Joint Unified School District
- Elk Grove Unified School District
- Elverta Joint School District
- Folsom Cordova Unified School District
- Galt Joint Union Elementary School District
- Galt Joint Union High School District
- Natomas Unified School District
- River Delta Unified School District
- Robla School District
- San Juan Unified School District
- Twin Rivers Unified School District
- Roseville City School District
- Eureka Union School District
- Dry Creek Joint Elementary School District
- Roseville Joint Union High School District
- Folsom Cordova Unified School District
Colleges and Universities
The Greater Sacramento Metropolitan Area is also home to a variety of colleges and universities required to follow state and federal education laws, including:
- UC Davis
- Sacramento State University
- Folsom Lake College
- Extension campuses of Brandman University and Sierra College
- Embry-Riddle Aeronautical University
- Lincoln Law School
- University of the Pacific, McGeorge School of Law
- University of San Francisco – Sacramento Branch
- University of Southern California, Price School
There are key differences to note between the requirements of K-12 schools and post-secondary schools in serving students with disabilities. For example, post-secondary students are not protected by IDEA. A college or university may offer IEPs (often a continuation of a high school IEP), discussed below, but they are not required to. Another important difference: Once a student turns 18, parents and guardians no longer have the same rights they did when their student was a minor and attending a K-12 school.
Vocational Schools
Vocational schools in the Sacramento Metro Area, too, are not exempt from state and federal legal obligations to students, including students with disabilities:
- American River College
- California State University, Sacramento
- Cosumnes River College
- Lincoln Law School of Sacramento
- Sacramento City College
- Western Seminary
- Alliant International University
- American River College
- California Northstate University College of Pharmacy
- California School of Professional Psychology
- California State University, Sacramento
- Campus (college)
- City Seminary of Sacramento
- Cosumnes River College
- Drexel University Sacramento
- Epic Bible College
- Folsom Lake College
- Fuller Northern California
- Hawkins' School of Performing Arts
- International Academy of Design & Technology – Sacramento
- Lincoln Law School of Sacramento
- Los Rios Community College District
- McGeorge School of Law
- National University (California)
- University of the Pacific (United States)
- Sacramento City College
- University of Sacramento
- University of San Francisco
- San Joaquin Valley College
- Western Seminary
If your K-12 school, college or university, or vocational school is failing in its legal obligations, you may wish to work with a qualified Attorney-Advisor such as Joseph D. Lento and the Education Law Team at the Lento Law Firm.
What are FAPE, Reasonable Accommodations, LRE, and IEPs?
Under ADA, IDEA, and Section 504 of the Rehabilitation Act of 1973, school students with disabilities are legally entitled to the support and resources they need to complete their education, depending on age and grade level, as described above.
Some key components:
All children in the United States have a right to a Free Appropriate Public Education (FAPE). For students with disabilities, this may mean receiving additional services or programs at no cost to families.
Individualized Education Programs (IEPs) are plans that guide which support and services students need to meet academic standards. IEPs can grow and adjust with the student as their education progresses.
Schools must make reasonable accommodations so students with disabilities receive a quality of education that is equitable, depending on cost, available resources, and other factors.
Students with disabilities have a right to learn in the Least Restrictive Environment (LRE) possible. Removing them from peers and general classrooms should take place minimally. This may mean the student receives support from a one-to-one aid.
These rights and interventions work together with the aim of providing students with disabilities the best possible educational experience.
California State Laws Protecting Students with Disabilities
California has its own laws for protecting students with disabilities. Its Department of Education is a hub for state legislation, laws, regulations, and policies.
Within California's Department of Education is its Opportunities for All Branch, which oversees the state's Special Education Division.
Common disabilities overseen by the Department of Education in not only public schools but more than a thousand private schools and agencies include:
- 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
Protect Your Student's Right to an Education
Filing a Complaint
If you believe your school or district has violated state or federal special education laws or regulations, you may wish to start with a formal, written, and signed complaint to the Department of Education requesting an investigation. This could be because services outlined in your student's individualized education program (IEP) are not being provided, for example.
While anyone can file a complaint, it must meet specific requirements. Complaints that do not may cause a delay in an investigation or may prevent the complaint from being investigated. The experienced Education Law Team at the Lento Law Firm can help guide families and students through this process.
Once a complaint is investigated, its outcome is considered final. If you disagree with the outcome, whether the complaint is related to identification, evaluation, services, or placement, there is another process to file a reconsideration request. At this point, you may wish to work with the experienced Education Law Team at the Lento Law Firm.
Request Mediation
Another option for pursuing your or your student's education rights is to request mediation with the Office of Administrative Hearings. The Education Law Team at the Lento Law Firm has extensive experience completing and filing requests for mediation forms.
File a Due Process Hearing
When resolutions are not possible, there is the option of filing a due process complaint to request a hearing. The experienced Education Law Team at the Lento Law Firm can help guide families and students through this process.
The Lento Law Firm is a premier National Education Law firm serving students with disabilities and their families. They are passionate and experienced advocates who will protect your or your student's rights. Call 888-535-3686 for a consultation now, or use the online service.
