Access to education is a fundamental right that students with disabilities and their families have to advocate for every day. When a public education program fails to provide services required under law, administrative or legal action is often necessary to ensure a student receives the services and resources they need to be successful in school. As a parent of a child with disabilities, it is important to know your rights and take the steps necessary to advocate for your child.
Jennifer Chang is a top California education rights attorney who works to protect students with disabilities and ensure they receive the services they are entitled to in California schools under FAPE. She also provides essential legal support and guidance to families with children with disabilities as they navigate their legal rights within the California public school system.
What is Access to Education?
Schools and teachers are required by law to remove barriers that prevent students with disabilities from accessing the same level of education as their non-disabled peers. Accessibility to education does not only refer to wheelchair ramps or brail textbooks and listening devices. Students can face a range of complex needs, including those stemming from non-visible disabilities such as processing disorders, dyslexia, hyperactivity, and more.
Schools are required to comply with the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act to provide equal access to all students. Access to education provides students with the tools and support they need to overcome challenges related to their disabilities in the classroom, enabling them to learn and grow.
Doing the Math
As of the 2021-2022 school year, about 15% of the US public school population, around 7.3 million students, have a disability protected under the Individuals with Disabilities Education Act (IDEA). Students with disabilities eligible for services under (IDEA) are protected under civil rights law to maintain the right to a free and appropriate public education.
The Council for Exceptional Children and the Council of Administrators of Special Education predict the number of students with disabilities in U.S. public schools to reach 7.9 million by the end of the 2024-2025 school year. Data collected from the 2023-2024 school year shows that the California Department of Education serves over 850,000 students with disabilities.
The COVID-19 pandemic highlighted teacher shortage concerns across the U.S., but special education positions have been difficult to fill for decades. About 70% of schools surveyed by the National Center for Education Statistics reported special education teacher vacancies in the 2023-24 school year, posing challenges for schools to provide adequate services for all students with disabilities.
The Importance of Advocacy for Students with Disabilities
As the number of students with disabilities rises and the number of credentialed teachers lessens, it is more important than ever to advocate for your child’s rights and access to education.
Parents of students with disabilities can attend Independent Education Plan (IEP) meetings, 504 Plan meetings, and other administrative meetings to understand and better support their child’s rights. Parent involvement can also help school administrators and teachers understand specific situations and raise awareness of concerns regarding learning that may not have been known.
Learning terminology, asking questions, and understanding laws, processes, and regulations related to special education by state and district will best equip parents to navigate challenging circumstances for their child.
California’s Steps to Improving Accessibility
In 2018-2019, the State of California issued the Shortage of Special Education Teachers Grant, which authorized $50 million for school districts to recruit, prepare, and employ credentialed special education teachers. By 2024, this solution to the California special education teacher shortage crisis has brought 4,000 new special education teachers into California public schools to support students with disabilities.
California education advocates are urging state education leaders to improve accessibility for students with disabilities through budget allocations, staff training, increasing inclusivity through school cultures, and providing time for dedicated collaboration between general education teachers and special education teachers, among other strategies.
Hiring an Education Rights Attorney
If you need support advocating for your child’s rights or believe your child’s school is not meeting the requirements of your IEP agreement, it can be beneficial to work with an education rights advocate and attorney to help you understand and facilitate your rights.
Jennifer Chang is a California education rights attorney who works vigorously to protect the rights students have to a free and appropriate education under both federal and state laws, such as the IDEA, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act. Contact the Law Offices of Jennifer Chang today to learn how you can best advocate for your family.