Title II of the ADA provides that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. 42 U.S.C. § 12132. This includes school districts. A violation of the ADA is also a violation of state anti-discrimination laws such as the California Disabled Persons Act.

If a school fails to provide reasonable and accessible accommodations to assure meaningful access to the student, there may be an ADA violation.

Other claims against school districts include isolation or segregation of disabled students, failure to allow the student to be in the most integrated setting according to their needs, or retaliation.

Our attorneys will evaluate your case to determine whether you are entitled to remedies under the ADA, including injunctive relief, or monetary damages.

Children and young people with disabilities are vulnerable and require special protection to prevent them from foreseeable harm. Unfortunately, they may be harmed by others when under the care of schools or other institutions. The injuries may be emotional in nature. In addition, a child with disabilities may have pre-existing conditions that are exacerbated by the negligent or willful actions of others. Children and young people with disabilities may not always be able to inform us how they were injured. Because of our expertise in disabilities, we are well suited to pursue personal injury claims on behalf of children that require complex evaluation of liability and damages.

The Federal Educational Rights and Privacy Act protects the privacy of student educational records. California must conform to this law, and in addition, provides its own protections for the privacy of student records. These laws allow students and their parents the right to inspect and review educational records; and to correct records which are inaccurate or misleading. If the school decides not to correct the records, the parent has a right to a hearing. FERPA also restricts schools from disclosing educational records to third parties without consent. Some exceptions to the disclosure restrictions apply.

Our attorneys can represent you with challenging misleading or inaccurate records. Often, these include disciplinary records, and academic records.

Federal and state laws provide an administrative complaint process for students that have faced discrimination on the basis of disability, race, gender, and other protected classes. The Federal Department of Educations, Office for Civil Rights, will review complaints of violations of federal law that result in discrimination against students. If the OCR determines that it will open an investigation and finds that the school is in violation of federal laws, it could result in a settlement with the school district. Similarly, there is a complaint process with the California Department of Education for discriminatory conduct. Our attorneys will review your matter and may recommend that you pursue a complaint process, which is more cost effective than litigation. We will draft your complaint and advocate for your case before these agencies to obtain equitable remedies and compensatory services.

Students with a disability who qualify for special education are entitled to a free and public education. Under the Individuals with Disabilities in Education Act, a child is entitled to an educational program that provides: