Being a parent to a child with disabilities requires incredibly detailed care and supervision that other parents do not have to consider. At every stage of raising their child, parents must navigate a world that in many ways fails to consider the varying needs of people with disabilities. It can be necessary for them to constantly advocate for their child, which can be difficult and, at times, exhausting. Public schools are chief among the resources available to these parents to help support their children. While the laws regarding the civil rights of children with disabilities are expansive and complex, it is absolutely clear that they have a right to a free and high-quality education. Public schools are legally mandated to fulfill this right.
In California, the steps that public schools must take to meet the needs of students with disabilities are numerous and clearly defined. They must include parents in this process and seek their input. The laws guaranteeing this right for children with disabilities have been a fruitful resource in empowering both these children and their parents to lead more fulfilling and secure lives. Unfortunately, some teachers and school districts neglect these rights and refuse to meet the needs of their students. These situations can be difficult for both students and their families, as they may feel let down by the system. Our team of discrimination and child abuse attorneys is dedicated to advocating for their rights and ensuring accountability. We regret that parents so often require legal support to get their children the education that they are entitled to, but we are committed to ensuring that they do. Contact us today to learn more.
What special education services are available in California?
Federal and state law acknowledges that disabilities are a part of the human experience and do not diminish the rights of individuals with disabilities in any way. If a California public school denies your child’s right to a free and high-quality education, they are in violation of these laws. As a result, free public resources for your child with disabilities are expansive and will be individualized to your child’s specific needs.
Federal law dictates that the education provided for your child with disabilities must “enable the child to achieve passing marks and advance from grade to grade.” California state law lays out a specific step-by-step process for determining how to meet that standard for each student:
- Determine eligibility. This relies on an evaluation of the student by a district specialist which will take place if approved by a parent. If a parent disagrees with the assessment results, they may appeal for an outside evaluator to give a second opinion.
- Form an Individualized Education Program (IEP) team. This will include the student’s parent or guardian, a special education teacher, a general education teacher if the student will be spending any time in a general education classroom, and a school administrator. It may also include a specialist and, when appropriate, the student. Parents or guardians may bring anyone they like to meetings to provide information or outside perspectives.
- IEP team forms an IEP. This, by nature, looks different for each team, but the basic framework is consistent. Parents must be involved and have free access to ask questions and give opinions. They also must approve the final IEP. The team will discuss extensive details of the IEP including assessments, goals, accommodations, and modifications to the curriculum.
- IEP provided to parents. Parents are entitled to a copy of the final IEP, including a translated version to suit the parents’ language needs.
- IEP reviewed at least once per year. Each year, the IEP must be assessed to see that it is working as intended for the student.
Every step of this process must be free and without unreasonably delay or obstacle. This information is publicly available and all public schools must understand and adhere to this process. You can appeal any step in this process. When followed correctly, this process assures transparency from the school and agency for the parents. If you feel that you have not been offered this process, or that your IEP does not meet the needs of your child to receive their right to a high-quality education, file a complaint and contact our school discrimination and child abuse attorneys today.
What are my rights as a parent to pursue legal action on behalf of my child with disabilities?
Even when California schools dutifully follow the IEP creation process, there are many ways in which students with disabilities can still see their rights violated. IEPs represent frameworks and targets – the day-to-day reality often falls short. These violations can range from minor to severe, and most often include:
- Denial of reasonable accommodation. Even if a student’s needs are expensive, they must be met at no cost.
- Insufficient training for teachers to implement IEP. An IEP is only as good as the teacher implementing it.
- Unaddressed bullying/discrimination. Bullying and discrimination from teachers and/or classmates violates the right to a fair education.
- Denial of access to educational opportunities. Schools may not unreasonably deny access to educational opportunities e.g. field trips.
- Physical abuse/corporal punishment. This is alarmingly common for students with disabilities and is an egregious violation of their rights. If you suspect that this may be happening to your child, report it to the school, contact the police and Child Protective Services, and contact us today to swiftly address it.
- Sexual abuse. This horrific crime is similarly common amongst these especially vulnerable students. Our Los Angeles sexual abuse attorneys have over 300 years of combined experience in seeking justice for students who suffer from this crime.
Students with disabilities are uniquely vulnerable to those entrusted with their care. Public school districts, such as the Los Angeles Unified School District, have seen numerous cases of violations of children’s rights. This is a staggering legal and ethical failing, and our school discrimination and child abuse attorneys are dedicated to seeking justice in these cases.
The reality is that schools and school districts often fail to regulate their own employees in the arena of upholding students’ rights. In an ideal world, there would be an expansive and effective system in place to protect these students’ rights. In many cases, however, legal action with the help of an attorney is the best way to address these instances of illegal action and prevent it from happening again for other students. Contact us today to learn more about your options.
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