Clark County, Nevada, which includes the cities of Las Vegas, Paradise, and Henderson, is one of the fastest-growing areas in the United States. The Clark County School District serves over 300,000 students across more than 370 schools, making it one of the nation's largest. Many of these students qualify for enrollment in a special education program. Unfortunately, the Clark County School District has repeatedly come under fire for the low quality of its special education services.
These services aren't just crucial to students with disabilities or adaptive learning needs. All children in the United States are supposed to have access to a free public education, which includes support and services to meet special education needs. In other words, special education is a right.
When a school district fails to provide a student with adequate special education services—whether by denying requests for evaluation, failing to properly implement an IEP, or providing ineffective or insufficient services or accommodations—they are violating that student's rights. In these situations, the student's parents and guardians have a variety of legal options available to them.
The Lento Law Firm Education Law Team is ready to ensure your child's rights are protected. If you feel that your child's special education needs aren't being met in Las Vegas, Paradise, Henderson, or elsewhere in Clark County, Nevada, call us today at 888-535-3686 or contact us online to find out how we can help.
What is Special Education?
Federal law defines special education as “specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability.”
There are millions of special education students in the United States, making up about 15% of the entire student population. Special education provides adaptive learning support for a wide array of conditions, including sight or hearing impairment, emotional instability, autism, intellectual disabilities, and many more. It's important to note that the need for special education support is not correlated with a student's intelligence. It's simply intended to meet the needs of students who learn differently.
Who Qualifies for Special Education in the Clark County School District?
To receive special education services in Clark County, Nevada, a student must qualify as having a disability. Schools in Las Vegas, Paradise, and Henderson follow guidelines set forth in the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 to determine this.
These two federal laws set out separate qualifications. IDEA's guidelines state that a student must both have a qualifying disability and that disability must impact the student's ability to learn. This creates a closed list when it comes to what qualifies as a disability. Section 504, by contrast, uses a more open definition for disability taken from the Americans with Disabilities Act (ADA):
- “a physical or mental impairment that substantially limits one or more major life activities of such individual;
- a record of such an impairment; or
- being regarded as having such an impairment.”
Most students qualify for special education under Section 504, as it essentially qualifies a disability as any condition that interferes with a student's ability to learn in school.
Parents who believe their child may require special education services can request an assessment by the school district. Teachers or other school faculty may also refer students for evaluation, though parents have the right to decline the evaluation in this scenario.
In Clark County, special education evaluations are conducted by the Child Find Department. This department is required in all school districts by federal law, and it oversees any individuals under the age of 21 who have not graduated from high school. But sometimes the Child Find Department can make mistakes.
If you believe that the Clark County School District has failed to identify that your child qualifies for special education support or that your child is not receiving adequate support to meet their special education needs, the Lento Law Firm can help. Our Education Law Team will make sure that your child's rights to a quality education are being respected.
Understanding Special Education Terms and Acronyms
Public education uses an astronomical number of acronyms and specialized terms. As a parent or guardian of a special education student, it's important that you're familiar with some of these terms, especially if you're considering legal action around your child's education.
- Free Appropriate Public Education (FAPE): Section 504 of the Rehabilitation Act of 1973 requires that students with disabilities have the same access to public education as any other individual. Any school or program receiving public funding must comply with this requirement for a free, appropriate public education.
- Least Restrictive Environment (LRE): A product of the IDEA law, LRE is the concept of placing students in the settings where they need to be successful. Whether this means giving the student support or accommodations within a standard classroom or placing them in a separate special education classroom where they can receive more individualized attention.
- Reasonable Accommodations: This term shows up often in special education cases, and means that schools do not have to provide the latest, most expensive, or most effective accommodations to students. They merely have to provide accommodations and services that are effective in helping a student learn.
- Individualized Education Plan (IEP): An IEP is a legal document outlining a student's special education needs. Each IEP is unique to a particular student and describes the accommodations and support that student needs to succeed in school.
Remember, educational accommodation is a right that is codified by law. If a school isn't following the guidelines set by your child's IEP, for example, that school is not following its legal obligations. If the Clark County School District isn't meeting the needs of your special education student, the Lento Law Firm can help.
Education Is a Right
At the Lento Law Firm, we know how important a child's education is to their future success. We will fight tirelessly to ensure your child receives the fair and effective education they deserve, regardless of their special education needs. Remember, schools are required to meet the needs of the student, no matter what.
If a school in Las Vegas, Paradise, or Henderson, Nevada, has failed to meet the needs of your special education student, call us today at 888-535-3686 or connect with us online to learn what options you have available.
