If you are the parent or guardian of a child who has a disability, you are naturally very focused on making sure your child receives the best opportunities to learn and grow as they work their way through elementary and high school. Fortunately, there are federal and state laws in place that make sure that public schools provide support that is specifically designed to help students with disabilities make the most of their education.
The two main federal laws that apply to students who have disabilities that may interfere with their ability to learn are the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). In addition, section 504 of the federal Rehabilitation Act of 1973 prohibits discrimination based on disability in programs or activities that are conducted by organizations such as local school districts that receive federal funds.
California has its own laws that are designed to help students with disabilities; these laws, for the most part, build on the requirements of the ADA and IDEA to make sure that California public schools are providing students with disabilities with the learning opportunities that they are entitled to receive under federal law. (California uses the term “individual with exceptional needs” versus the federal government's use of the term “child with a disability.”)
- education benefits begin in kindergarten and continue through high school (and, in some cases, younger children may be entitled to special education services).
- addition, students who attend private, non-public schools may, under some circumstances, be entitled to receive special education benefits, though those benefits will likely differ from what the students would receive in a public school setting and will also vary depending on where the private school is located. While school districts are required to spend a proportion of the federal funding they receive for special education services on students enrolled in private schools, that proportion can vary from one district to another, and so the services they provide will vary as well.
- you are the parent or guardian of a student with a disability who attends a private school in the San Francisco Bay area and have questions about what special education benefits, if any, your student may be able to receive, contact attorney-advisor Joseph D. Lento and the Lento Law Firm Education Law Team for help.
San Francisco Bay Area Schools
The San Francisco Bay area includes San Francisco, Alameda, Contra Costa, Marin, and San Mateo counties, with a total population of more than 4.5 million people. Public K-12 schools in the San Francisco Bay area are required to work with parents and guardians to develop individualized education plans (IEPs) for their students who have diagnosed disabilities that adversely impact their ability to learn. This includes public schools in the following cities:
- San Francisco
- Oakland
- Berkeley
- Alameda
- San Mateo
- Novato
- San Rafael
- Daly City
- Redwood City
- Dublin
- Richmond
- Fremont
- Pleasanton
- Union City
- Brentwood
- Danville
- Martinez
- Lafayette
- San Ramon
- Walnut Creek
As well as public schools located in other cities within this five-county region.
Colleges and Universities in the San Francisco Bay Area
There are a number of well-known colleges and universities in the San Francisco Bay area, and they tend to have more flexibility when it comes to accommodating students with disabilities. Though they are not required to implement IEPs on behalf of their disabled students, in some cases, the special education plans developed for the student during their high school years can be helpful in crafting support for the student during their college years. College students 18 years of age or older are expected to be able to advocate on their own behalf, though, of course, parents or guardians can still share their experiences and advice with their students.
Some of the well-known colleges and universities in the San Francisco Bay area include:
- University of California, Berkeley
- University of San Francisco
- San Francisco State University
- Golden Gate University
- California State University, East Bay
- Foothill College
- Academy of Art University
As the parent or guardian of a K-12 student with a disability, it's important to have a detailed understanding of what your student's rights are under federal and California law and what the steps are to make sure that your student receives the best education that they are entitled to receive under the law.
FAPE, Reasonable Accommodations, and IEPs
Under both federal and California law, students with disabilities must receive what is called a “Free Appropriate Public Education,” or FAPE. The scope of a student's FAPE is set forth in their Individual Education Program (IEP), which is a program of special education that school districts are required to design for each student with a qualifying disability on a case-by-case basis.
While not all disabilities are eligible for specialized educational services, many are. Generally speaking, to qualify for special education in California, the student must have an eligible disability that negatively affects the student's educational performance and that requires special education services. If the student's needs can be met through non-special education services (for example, by modifying a regular classroom program to meet the student's needs), then the student will not be entitled to receive special education.
What a FAPE Means Will Depend on the Student
Under both federal and California law, public school districts are required to provide each student who has a diagnosed disability with special educational and related services that are without cost to the student and their family; that meet appropriate standards set by the California Department of Education; that cover the years beginning with preschool and continuing through the end of high school; and that follow an Individual Education Program (IEP) for the student. This is what is meant by a Free Appropriate Public Education in the context of a student with a diagnosed disability.
The student's special education must be provided in the “least restrictive environment” for the student, and where possible and appropriate, the student should be educated with students who aren't disabled. The term “special education” means education that is adapted to the student's particular needs that exist because of the disability. The goal is to make sure that, to the extent possible, the student has access to the general school curriculum and can meet the school's educational standards. In California, students with disabilities whose educational needs can't be met by modifying the regular curriculum are entitled to special education.
An “appropriate” educational program is one that meets a student's needs as set forth in their IEP. This should allow the student to make progress toward achieving the goals set forth in the IEP and should also allow the student to make progress in the school's general curriculum.
School districts in California must also provide disabled students with certain “related services” at no cost where those related services help the student benefit from their special education program. Related services can include the following, as appropriate, depending on the needs of the student:
- Language and speech development and remediation
- Hearing and balance assistance
- Home or hospital instruction
- Physical education adapted to the student's needs
- Physical therapy
- Occupational therapy
- Training and counseling for the student and their parents or guardians
- Vocational and career services designed for the student's needs
- Nursing or other health care services
The Student's IEP Will Define What Types of Special Education the Student Will Receive
An IEP, or Individualized Education Plan, is a plan developed by the school in conjunction with the parents of a student who has been identified as having a disability that requires special education. The purpose of the IEP is to specifically set forth exactly what types of special education the student will receive and to determine how the student's progress will be evaluated.
Requesting an Evaluation is the First Step Toward an IEP
The first step in getting an IEP for a student with one or more disabilities is for the parents to request that the student be evaluated for special education. A medical diagnosis provided by the student's doctor is not sufficient, though it may be the thing that triggers a parent or guardian's request to a school that their student be evaluated for special education services. The request must be in writing and directed to the student's teacher, principal, or the special education office at the school.
The School Is Required to Have the Student Evaluated by Trained Professionals
The school district will then, with the consent of the parents or guardians, conduct one or more evaluations of the student focusing on areas where the student is suspected to be disabled. They may be guided by the diagnosis provided by the student's doctor or doctors but are conducted independently. These can cover a wide range of physical, cognitive, and behavioral areas and will be different for each student and must be given by trained professionals in the specific areas being evaluated.
The School Will Provide Copies of the Evaluations
The school will provide the parents or guardians with copies of the evaluations; if the parents or guardians disagree with the proposed evaluations, they can request an independent education evaluation. The school district must either provide the independent education evaluation at no cost to the student, or it may request a “due process hearing” to determine whether the evaluations were legally adequate. If the district wins the due process hearing, then the parents or guardians can still obtain an independent evaluation but will have to pay for it themselves.
The Evaluations Will Guide the IEP
Only after the student is evaluated as being eligible for special education does the school develop an Individualized Education Plan (IEP) for the student. The IEP must outline in detail the educational program for the student. The IEP is typically a team effort; it will include the student's parent or guardian, a special education teacher, a regular education teacher, and a representative from the school district. It may also include school health professionals and, where appropriate, the student.
The IEP is a comprehensive document that identifies where the student is in terms of their academic achievement and their current ability to perform in school. Among other things, the IEP must set at least annual goals for the student and describe the special education and other services that the student will receive. If there are activities or areas where the student will not participate with nondisabled students (in classes and extracurricular activities), the IEP must identify them. Where any required student assessments need to be modified for the student to be able to graduate from grade 12, the IEP must indicate which assessments will be modified and how they will be modified for the student. If the student needs an extended school year in order to benefit from the IEP, the IEP needs to address that.
Resolving Problems With an IEP
Once an IEP has been developed for a student with disabilities, it needs to be implemented if it's going to benefit the student. In some cases, however, the school may not adequately implement all or parts of a student's IEP. If that happens, parents or guardians can file a complaint on behalf of the student with the California Department of Education, which is required to complete an investigation of the complaint within 60 days of receiving it.
A due process hearing can also be used to resolve disagreements that the parent or guardian has with the IEP developed by the school for their student. These are filed with the Office of Administrative Hearings, which is able to hear a wide range of cases related to a student's eligibility for special education.
In most cases, before any due process hearing, the parents or guardians must participate with the school district in an informal meeting to attempt to resolve the dispute relating to the student's IEP or related issues. In addition, the parties can agree to mediate the dispute rather than move forward with a due process hearing.
Some school districts may have alternative procedures in place to help parents and guardians resolve issues with their student's special education services. San Francisco, for example, has the SFUSD Ombudsperson, a “neutral facilitator who helps families navigate the special education process and can investigate complaints and concerns.” Novato, on the other hand, has a multi-step process for bringing IEP concerns to the attention of the district. Other districts may have their own procedures in place for resolving disputes.
A Trained Advocate Can Benefit Your Special Needs Student
Whether you are having problems getting your child's school to act on your request for an evaluation, need help preparing for your student's IEP meeting or have a disagreement with your student's IEP, or the school isn't properly implementing the plan described in your student's IEP, you will benefit from having the advice of an experienced special education law attorney. Attorney-advisor Joseph D. Lento and the Lento Law Firm Education Law Team have years of experience helping families make sure their special education students receive all of the educational benefits they are entitled to under federal, state, and local law. They can help you make sure your student receives the best education possible under the law and can act as your advocate when dealing with your student's school, the school district, or in any meeting, mediation, or due process hearing.
If you are the parent or guardian of a disabled student and are concerned that their school is not providing them with the education they have the right to receive, contact attorney-advisor Joseph D. Lento at 888.535.3686 or reach out to the Lento Law Firm Education Law Team online to schedule a consultation.
