Santa Clara and San Benito Counties have some of California's most populous school districts, which is no surprise considering it's home to the famous tech hub Silicon Valley. There are over 30 total districts serving the 200,000 students in Santa Clara County, including Sunnyvale School District, Santa Clara Unified School District, and San Jose Unified School District. San Benito County adds another 12,000 students across 11 districts, including the Hollister School District. Many students in these districts require special education services, which their schools are required by law to provide.
Unfortunately, the needs of these students aren't always met by their school districts. When that happens, it is a violation of the student's rights to a free public education, and a possible reason for legal intervention.
Public schools are required to provide every student with an education, regardless of the accommodations that student needs to learn effectively. Simply put, when a school district isn't meeting this obligation, it could be breaking the law.
If your child's educational needs aren't being met, you have legal options available to you. The Lento Law Firm Education Law Team can help you explore those options and make sure your child is getting the education they deserve—and are entitled to by law.
We're ready to help parents in San Jose, Sunnyvale, Santa Clara, Hollister, and the rest of Silicon Valley make sure their children's rights to an education are respected. For your confidential consultation, call us today at 888-535-3686 or contact us online.
What is Special Education?
The federal definition of special education is “specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability.”
In the United States, about 15% of the total student population requires special education services. This means that there are millions of students receiving support throughout the country, receiving accommodations for things like sight or hearing impairments, emotional instability, autism, intellectual disabilities, and other conditions that affect that student's ability to learn.
It's important to dispel the outdated notion that special education support is for students with low intelligence. The reality is that there are many highly intelligent students who also need special education support. Special education services are simply intended to help students who learn differently.
Who Qualifies for Special Education in Silicon Valley?
Federal guidelines determine which students qualify for special education services. These guidelines set requirements around disabilities, which a student must have in order to receive special education support. There are two main federal guidelines used to make determinations here—a federal law called the Individuals with Disabilities Education Act (IDEA) and Section 504 of the civil rights statute Rehabilitation Act of 1973.
Section 504 is used to qualify most students for special education services, as it has a broader definition of disabilities 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
Essentially, under Section 504, any substantial physical or mental impairment qualifies a student for special education support. By comparison, IDEA sets a narrower set of standards by requiring that a student's disability must affect their ability to learn. This results in a limited list of conditions that would qualify a student for special education services.
California's Department of Education uses specialized Diagnostic Centers to assess students for special education services. Residents of Santa Clara and San Benito Counties are served by the Diagnostic Center North (DCN) located in Fremont, California. A federal mandate called Child Find also plays a role in California's assessments of a child's special education needs. Part of IDEA, Child Find has jurisdiction over any individuals under the age of 21 who have not graduated from high school, including those attending homeschools or private schools. The goal here is to help educators identify students who need extra support to learn effectively, and to make sure those students receive that support.
California uses a system called the Special Education Local Plan Area (SELPA) to help ensure students receive the support they need. Santa Clara County schools are covered by two SELPA offices, while San Benito County has its own dedicated SELPA office. The SELPA office works with various county agencies and school districts to create healthy and supportive environments for students with special needs.
Parents and guardians can request special education assessments if they believe their child might have a disability. Teachers and other school officials can also refer students to the DCN for evaluation if they've observed in-class behaviors that might indicate a need for special education services; however, the parents or guardians can decline the evaluation in these instances.
Despite the amount of oversight the state provides, it doesn't always get things right when it comes to identifying and supporting students with special education needs.
If a school in Santa Clara or San Benito County has failed to provide a requested evaluation for special education services, has conducted such an evaluation without your consent, or is failing to provide your child with the educational support they need, the Lento Law Firm Education Law Team can help.
Understanding Special Education Terms and Acronyms
The education field loves its acronyms, and special education services are no different. As the parent of a special education student, it can be helpful to familiarize yourself with the following terms:
- Free Appropriate Public Education (FAPE): Section 504 of the Rehabilitation Act of 1973 states that students with disabilities have the same right to public education as any other student. Schools must comply with this requirement in order to receive public funding.
- Least Restrictive Environment (LRE): An LRE is a setting in which a student can be their most successful. LREs were introduced through IDEA, with accommodations ranging from one-on-one support in specialized classrooms to placement within a standard class.
- Reasonable Accommodations: Schools are not required to provide the latest or greatest accommodations to students. They just have to provide accommodations that work. This is an important legal distinction.
- Individualized Education Plan (IEP): If a student needs educational support, these needs and their accommodations will be written into an IEP. The school must then meet the requirements set by the IEP.
Education Is a Right for Everyone
The laws are very clear—every student has the right to an education, regardless of what accommodations it takes for them to learn.
If a school in San Jose, Sunnyvale, Santa Clara, Hollister, or anywhere else in Silicon Valley isn't delivering this education, it's time to contact the Lento Law Firm Education Law Team.
Call us today at 888-535-3686 or connect with us online, and make sure your child's rights are respected.
