All children have the right to a free public education in the United States. For students with disabilities, this right extends to the services, accommodations, and support they require to benefit from this education. The umbrella term for these accommodations and services is special education.
In the 2022-2023 school year, schools around California provided special education services to over 800,000 students. As the most populous state, California covers an array of areas and regions, from the dense urban sprawl of Los Angeles to the former Gold Rush towns of the Sierra Nevada.
To encourage local control of education as well as special education throughout the state, California established Special Education Local Plan Areas (SELPAs). In addition to state requirements and resources from a student's home school district, SELPAs offer another avenue for supporting students with disabilities.
Special education in K-12 covers a wide array of support and services. While some practices, such as extended time on tests, are common, special education services should be tailored to the individual student and not to the student's disability. While federal and state laws require that all school districts provide special education services, the specifics of what each school district may offer can vary due to factors such as budget and student body size.
Whatever a child's disability, if they meet the standards to qualify, they have a right to services, support, and accommodations. If and when a school district fails to acknowledge a child's disability or provide needed accommodations, families should contact the Lento Law Firm's Education Law Team to find a resolution.
What is Special Education?
Special education, sometimes referred to as special needs education, refers to students who learn differently than the "average" student. A student may have social, mental, or physical differences or disabilities that require modifications or accommodations to access education. What disabilities qualify for special education services may vary by state.
Relevant Laws
The Individuals with Disabilities Education Act (IDEA) is the preeminent federal law on disability rights in K-12 education. In general, students receiving special education services qualify under IDEA. One of the key components of IDEA is that all students with a disability qualify for an Individualized Education Plan. While federal law sets much of the requirements for IEPs, California has additional requirements, such as requiring an emergency plan in all IEPs.
Two other laws, The Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973, may also factor into discussions about disability rights in education. The ADA applies to all Americans, not just students. Section 504 established 504 Plans, a precursor to IEPs. While IEPs are more common, 504 Plans still have their place in education. The California State Council on Developmental Disabilities published a document explaining the differences between IEPs and 504 Plans.
Section 504 uses a broad definition of disability with few requirements as to meetings and the document itself. Unlike IEPs, which must be written, 504 Plans have no written requirement, although families should request documentation to decrease communication issues.
Both are free to families, as are all services for students with disabilities. Families should discuss which option would be better for their student.
Common Terms
Special education has no shortage of terms and acronyms. While some of these phrases may be specific to a certain disability, some will frequently pop up in conversations and are useful to know.
Reasonable accommodations refer to the services and support a school district provides to a student. These accommodations should not unduly burden the school or a member of the school community. These accommodations should be effective but do not have to be the most effective or the most expensive option.
Least Restrictive Environment (LRE) places students with disabilities in general education classrooms and the general school community as much as possible. A key factor should be what placement is in a student's best interests.
Finally, all children have the right to a free appropriate public education (FAPE). FAPE applies to the K-12 school years and includes services and support for students with disabilities.
Who Qualifies for Special Education?
In California, individuals who are between newborn and 22 years of age qualify for special education services. The state lists the following disabilities as qualifying disabilities:
- 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
Students must undergo testing and evaluation to qualify for a disability. The San Mateo County Office of Education provides an overview of the steps required to qualify for support. While these steps are unique to San Mateo County, most school districts follow a similar plan.
The steps to qualify for special education services are:
- Initiate an assessment.
- The district sends an assessment plan or denies the request within 15 days to the educational decision-maker (usually parents or guardians).
- If the district denies the request for assessment, parents or guardians may appeal the decision.
- If the educational decision-maker consents to the district's plan, the student will be evaluated in the relevant areas.
- Districts have 60 days to make a decision regarding an assessment and determine if the child has a qualifying disability.
- a. If the district states a student does not have a qualifying disability, parents or guardians may appeal.
- Within 60 days, the district must schedule an IEP Meeting and present families with their recommendations for a student's accommodations and services.
Families should prepare for an IEP meeting. Parents and guardians do not have to accept a district's recommendations and should be active in the process, including offering suggestions for what services, support, and accommodations a district should provide a student.
Parents and guardians should keep in mind that districts do not have to provide all possible accommodations but only reasonable accommodations.
What is SELPA?
One of the unique features of special education services in California is the Special Education Local Plan Areas (SELPAs). California law requires that SELPAs provide special education services for all children residing within its boundaries. Each SELPA is responsible for developing a plan for how it will provide these services. SELPAs may be a consortium of school districts and county education officials or a single school district.
The state has approximately 130 SELPAs. Some are based on county lines, such as the SELPAs in Imperial, San Luis Obispo, and Ventura. Counties with a single SELPA tend to be more rural or have a smaller population.
Other counties, usually those that are more urban or have a higher population density, may have multiple SELPAs. A county's geographic size may also influence whether it has a single or multiple SELPAs.
Los Angeles County, not surprisingly, has the largest number of SELPAs in its boundaries. The 21 SELPAs include individual districts and one run by the county for specialized schools such as the International Polytechnic (iPoly) High School and the Los Angeles County High School for the Arts. Pasadena Unified School District, for example, operates its own SELPA.
Santa Clara County is unique in that it has multiple SELPAs, but they are not wholly independent. The county has two administrative SELPAs and then further divides into groups of schools. The county has also moved several training and informational resources online for both teachers and families.
The different types of SELPAs, how they're organized, and the services they provide highlight the importance of researching schools before moving in or to California. Different SELPAs may offer different special education services. Even within a SELPA, school districts may have different programs or resources.
Types of Services
Special education services cover a wide range of accommodations and support. The initial evaluation matters because it may affect what types of services students can access.
For families in California, one of the difficulties of navigating special education services is the sheer size of the state and the available options. Services may come from the state, a SELPA, or a local school district.
Families should inquire about what services a school district offers but also do their own research. Districts may not have the knowledge or resources to understand the specifics of a student's disability or current best practices. The law requires only that districts offer reasonable accommodations. That districts do not have to offer all available services does not mean parents or guardians should not push for the addition or inclusion of new methods or services.
Families should keep in mind, however, that requests for high-cost accommodations or those that would only help a limited number of students may be less successful. In comparison, accommodations or services that are inexpensive, easy to add, or would benefit a larger percentage of the population are more likely to be approved.
For example, a family requests the audio version of a recently revised textbook, and other students are using the new edition. This is more likely to be successful compared to a request for a computer program that requires a specially-trained staff member to operate.
Comparing what services a support similar school districts offer can also be beneficial. This is one way the Lento Law Firm's Education Law Team, with our nationwide experience, can assist.
State Services
The State of California offers a variety of resources. This includes state-funded schools as well as special resources for hearing-impaired students.
The California School for the Blind and the California Schools for the Deaf are free for students who attend. The Schools for the Deaf have campuses in Fremont and Riverside.
SELPA and County Services
The Placer County Office of Education provides an example of the types of services that school districts and SELPAs may offer. To access services from the Placer County SELPA, families would first need to contact their local school district. These schools usually offer outreach programs, such as summer programs for students who do not attend the school during the regular school year.
The Placer County SELPA offers:
- Regional autism spectrum disorder program
- Regional deaf education program
- Regional program for students with emotional disturbance
- Infant development program
- Jumpstart, a program for toddlers between ages 20 and 36 months who have been diagnosed with autism
- Regional severe multiple disabilities program
These services are in addition to those offered by member school districts.
Sonoma County offers a good example of how the availability of programs can differ depending on a student's home district. All public school districts within the county are part of Sonoma County SELPA, but six formed the North County Consortium. A separate entity from the Sonoma County SELPA, the North County Consortium offers specialized programs and dedicated schools to students with disabilities. For students who reside within Alexander Valley Union, Cloverdale Union, Geyserville Unified, Healdsburg Unified, West Side Union, or Windsor Unified School Districts, their families will first seek a referral from their local school district.
The North County Consortium has two schools, the Helping Hands Preschool and the Bridge Community Based School. The Windsor Unified School District takes responsibility for these schools and the accompanying programs as the consortium's lead educational agency.
Specialized Schools
Districts may also offer specialized programs or services that differ from their SELPA. The Placentia-Yorba Linda Unified School District offers several alternative school options beyond services and accommodations available in its general education schools. The PYLUSD Home Hospital program works with students who have short-term or temporary disabilities that make them unable to attend school for at least 30 days. The district also has the George Key School, which specializes in supporting students with disabilities.
Encinitas Union School District offers another example of how resources for students may come from both a school district and SELPA. The school district has a Learning Resource Center in every school as well as programs to help with the transition from K-12 to college or career. The LRCs are beneficial because some of their services are available to the general student body, meaning students can access them without an IEP or 504 Plan.
Encinitas is also one of 14 school districts that make up the North Coastal Consortium for Special Education (NCCSE). Centered in the northern part of San Diego County, NCCSE offers training and programs for both teachers and parents. They also offer occupational therapy and specialized programs for those with visual or hearing impairments.
NCCSE also operates the North County Academy, which provides a more therapeutic environment for students who require more support than would be available at their home school.
How all of these programs and services interact depends on the individual school district. The purpose of these examples is to underline the many options for students who receive special education services in California and to be proactive about learning about your student's opportunities.
The Right to Special Education
Students with disabilities have the right to a free education. They also have the right to special education services. For families in California, the various options and government organizations may make it difficult to find the best path for their student.
The Lento Law Firm works with families nationwide to advocate for their child and to ensure their student receives the opportunities and accommodations they are entitled to under the law. Contact us online or at (888) 535-3686.
