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Civil rights attorney serving San Diego. Get in touch with The Law Office of Matthew H. Storey to discuss how we can help you with your civil rights claim.
At first glance, it may not appear as if special education law issues fall under the umbrella of the traditional civil rights laws that most people are familiar with. But in taking a more in-depth look at our civil rights laws and how they impact the Individuals with Disabilities Education Act (IDEA), it becomes easy to understand why the rights of students with disabilities are protected as part of our civil rights laws.
Most people have a basic understanding that civil rights laws are in effect to protect against discrimination, in general. The common core factor that brings the IDEA within the purview of our civil rights laws is the IDEA’s foundational protection against any discrimination that is aimed at disabled children and their right to receive an education.
As San Diego civil rights attorneys, we are dedicated to using the protections granted by the IDEA to protect the civil rights of all children with disabilities.
Children in the United States are guaranteed a free and appropriate public education. Whether a child is disabled or not, does not factor into their right to be properly and appropriately educated.
The law that protects the right of a disabled child to be educated, alongside their typical peers, is based in preventing decimation against our special needs’ children within their educational environment.
Therefore, it is our job as San Diego civil rights attorneys to take the time to review the manner in which the special needs children in our community are educated.
The IDEA provides for various protections and accommodations so that children with disabilities can be included with their typical peers, to the greatest extent possible, during their school day.
These protections include a disabled child’s equal right to a free and appropriate public education. If we take these words one at a time we can see how these civil rights are imperative to all children, particularly our disabled children.
Every child is entitled to a free and appropriate education at the expense of the public.
The IDEA provides for various protections and accommodations so that children with disabilities can be included with their typical peers, to the greatest extent possible, during their school day.
When one of these areas of the IDEA is violated, a child’s civil rights are at stake.
Advocates for special education students play an important role and are better suited to help parents through the IEP process.
Free Education
First, all children are entitled to a Free education. For children with disabilities, this means that parents cannot be charged for any special accommodation or service a child might need in order to fully participate in their education. This applies to services such as speech and language, occupational therapy, educationally related counseling, adaptive physical education, and behavioral services. In addition, a parent cannot be charged for any form of technology that will allow their disabled child to better participate in the classroom; be it for academic purposes or social needs. Finally, for those children who cannot be appropriately educated within their free public-school environment, a parent cannot be charged for a child’s placement in a non-public school setting, or any other special setting deemed necessary, for the child to be appropriately educated.
Appropriate Education
Second, all children are entitled to an appropriate education. This is the component that tends to cause the greatest level of contention when determining if a child’s civil rights are being violated. For example, is it appropriate for the child to be in a general education setting with supports, such as an aide? Or, is it more appropriate for a child to be in a separate educational setting and only participate in the general education setting in a limited manner? Does a child need specific accommodations to fully engage in their education? It is these questions that create the most complex issues and concerns when working as a San Diego civil rights attorney on behalf of special needs children.
Cost of Education
Third, our children are educated at the expense of the Public. Therefore, the education system is open to all children who live in the United States. Except for extenuating circumstances, no child residing in the United States can be denied access to a public education.
Entitled to Education
The last factor in the overall equation is that every child is entitled to an Education. Regardless of the talents or deficits of any child, every child is entitled to be educated. And while the pathway of each child’s education will vary, at the end of the road, all children are entitled to an education that will allow them to participate as a working productive members of society. As a San Diego civil rights attorney, it is our job to ensure that each child we represent has the opportunity, through their education, to become a productive member of our San Diego community.
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