In California, students with disabilities benefit from state laws that grant them greater rights and opportunities than comparable federal laws. That doesn't mean special education is without its issues in the Golden State.
Students in Southern California attend schools in a wide array of communities, and all of these schools must abide by the same rules. Whether a student attends Ventura High School, Anaheim High School, or Long Beach High School, all students have the right to a free education. For students with disabilities, this right extends to the support they require to fully benefit from their education.
If your child attends school in Los Angeles County, Orange County, or elsewhere in Southern California, the Education Law Team at the Lento Law Firm can help you and your student navigate issues related to disability rights in education. Call us at 888-535-3686 or fill out an online form.
Federal Laws
Three federal laws set the foundation for disability rights in K-12 education. They are:
- The Individuals with Disabilities Education Act (IDEA)
- The Americans with Disability Act (ADA)
- Section 504 of the Rehabilitation Act of 1973 (Section 504)
IDEA, ADA, and Section 504 work together to establish and protect students' right to an education free from discrimination. These three laws also establish the right for students with disabilities to receive special education services and support free of charge.
Of the three, IDEA is the most relevant for K-12 students. Some of IDEA's requirements:
- School districts must assess and evaluate all infants, toddlers, children, and teenagers who reside within the district's boundaries and may have a disability
- If a student has an eligible disability, schools must create an Individualized Education Plan (IEP), which is a document that lists what services a student receives
- School districts must provide effective, reasonable accommodations
- School districts must provide these services to all children, even if a child doesn't attend their public school
- Schools and communities must have early intervention and transitional programs beyond the K-12 years
Students who don't qualify under IDEA may be eligible under Section 504. These students will have a 504 Plan, which doesn't have to be in writing. Even if not required, families should request that it be put in writing to minimize miscommunication and confusion.
California Law and Services
The California Department of Education oversees programs and services for students with disabilities throughout the state. The state also has a Special Education Local Plan Area (SELPA).
SELPAs divide the state into regions, and each one helps support special education services within its boundaries. The Southern California region has over three dozen SELPAs. Some are affiliated with a specific school district, such as Long Beach Unified. Others, such as North Orange County, cover multiple school districts. North Orange covers Buena Park, Fullerton, Fullerton Joint Union High, La Habra City, and Lowell Joint school districts.
For dispute resolution, the state encourages families and schools to first exhaust informal options. For disputes that require more formal resolution methods, the Office of Administrative Hearings oversees the process, including assigning mediators to the case.
California has state-specific laws and regulations. One example is requiring an emergency IEP. Another is that the state extends transitional support until age 22. Students may also begin transition plans as part of their IEP at age 14 rather than age 16.
School District Policies and Services
Los Angeles, Orange, Ventura, Riverside, and San Bernardino Counties are home to dozens of school districts. The largest is the Los Angeles Unified School District (LAUSD).
All districts must follow both federal and California laws. As long as districts abide by these laws, school districts can set whatever additional policies they desire.
Neither federal nor California law requires schools to provide specific services or support. School districts meet their obligation when they provide students with effective and reasonable accommodations.
What this means in practice is that accommodations don't have to be the most effective, the most expensive, or the newest. They simply have to be effective.
Two neighboring school districts might have drastically different services and accommodations available to students with disabilities. One district may excel in supporting students with autism over those with dyslexia. Beyond meeting federal and state laws, school districts can support students in a wide variety of ways, both good and bad.
Specialized Schools
While the majority of students with disabilities are part of the general student body, some students require more personalized and intensive support. Recognizing this, several districts in Los Angeles and Orange Counties have schools dedicated to supporting students with disabilities. These include:
- Since 1968, LAUSD has funded Marlton School, a K-12 school that serves deaf and hard-of-hearing students. It is a day school and the only district-operated school for deaf and hard-of-hearing children in the state.
- Glendale Unified School District operates College View School. The school works exclusively with students with disabilities and supports students who come from Glendale, Burbank, and La Cañada Flintridge.
- Santa Monica-Malibu Unified School District has Olympic High School, which is an alternative education center. While not strictly a school for students with disabilities, all students who attend are given an individualized educational program.
- The Garden Grove Unified School District has the Mark Twain Special Education Center.
- Anaheim Union School District's Hope School assists junior high and high school students and provides transition services and support.
- George Key School, part of the Placentia Yorba Linda School District, provides both academic opportunities and life skills training for students with complex needs.
Parents and guardians should keep in mind that, while these specialized programs are important, the single most important factor is the support your student receives. Rankings mean little if your student isn't receiving the individualized support they require to benefit from their education.
A student is more than their disabilities. Their accommodations should reflect the whole student and not just a student's disability.
Protect Your Student's Future
That a student has a disability doesn't mean they can't succeed in school or that they should be deprived of an opportunity to get an education. Having a disability simply means that a student learns differently or requires additional support.
Your student has a right to an education. If that right is being infringed on, contact the Education Law Team at the Lento Law Firm. Call us at 888-535-3686 or fill out an online form.
