Legal Rights of Persons With Disabilities - Ossh.com

$ a child with a disability disrupts the education of the children who do not have disabilities; or
$ the costs of educating a child with a disability in an ordinary classroom are prohibitive.
Although cost is a legitimate consideration, the school district is required to make reasonable
accommodations to enable a child with a disability to attend school in a regular classroom. (See Daniel
R.R. v. State Board of Education (5th Cir.1989) 874 F.2d 1036.)
c. Private or Boarding Schools Are Sometimes "Appropriate"
An appropriate education can include placement in a private school, including a boarding school, if
a child with a disability needs that placement in order to make progress in learning. A placement in a
private day or boarding school is appropriate, however, only when the school district cannot provide a child
with a disability with an adequate education in the public schools. (Burlington School Committee v.
Department of Education (1985) 471 U.S. 359.)
3. Public School Districts Are Responsible for
Providing Education to Children With Disabilities
The responsibility of providing an appropriate education to children with disabilities is a public
responsibility. The immediate responsibility rests with the school district. The ultimate responsibility rests
with the California Department of Education. (20 U.S.C.A. ' 1412(a)(11).) Small school districts can join
together to meet their duties under the law. A group of small school districts acting together is called a
"special education local plan agency" (SELPA). In this handbook, the local responsible agency is always
called "the school district," but that includes SELPAs and the county education offices. Even if special
education or related services are provided in a private school or by a private agency, the school district is
responsible for planning and supervision of and payment for the private services. The school district cannot
surrender its responsibility to a private agency or even to another public agency. (Kruelle v. New Castle
County School District (3rd Cir. 1981) 642 F.2d 687.)
4. Education for Children With Disabilities
Must Be Provided at No Cost to the Parents
Both special education and related services, must be provided at public expense, meaning at no
charge to the parents. (34 C.F.R. ' 300.13.) The school district must pay for experts who provide speech,
physical, or occupational therapy, specially-qualified teachers, and special equipment needed by a child
with a disability in order to benefit from his or her special education. If the school district
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