Since its founding, the Youth and Education Law Project has worked with disadvantaged youth and their communities to ensure that they have access to equal and excellent educational opportunities.
Whether filing a class-action lawsuit to prevent a local school district from unlawfully excluding students from school without providing them their constitutional right to a hearing, advocating for a preschooler with autism in a mediation session to ensure that he receives appropriate educational services, or drafting a policy brief that seeks to improve the delivery of mental health services to youth with disabilities, students in the clinic are exposed to a wide range of educational policy reform and advocacy work.
Under the direction of Professor Bill Koski (PhD '03), students represent youth and families in special education and school discipline matters, community outreach and education, school reform litigation, policy research, and advocacy.
"In addition to developing first-rate lawyering skills such as client counseling, negotiation, and oral advocacy, students in the clinic are given the opportunity to take ownership of their cases and projects, reflect on their practice, and develop the critical quality of sound professional judgment."
Professor Bill Koski (PhD '03), Director, Youth and Education Law Project
Students in the Education Advocacy Clinic of the Youth and Education Law Clinic have the opportunity to represent children and youth in a variety of school-related matters.
Click on the case links to read more detailed information.
YELP is lead counsel in a class action lawsuit filed in 1996 against the California Department of Education (CDE) and the Ravenswood City School District (the District) seeking to reform the District's special education service delivery system and the CDE's monitoring and oversight system in the District.
On August, 31, 2007, YELP celebrated a significant victory when United States District Court Judge Jeffrey White (N.D. Cal.) approved a comprehensive settlement agreement in a complex disability and educational rights matter.
In a closely watched civil rights lawsuit involving the Berkeley Unified School District, YELP and its co-counsel, Legal Services for Children, Inc. and Bingham McCutchen LLP, achieved a notable settlement for students of color who were subject to unlawful school discipline procedures.
When D.J., a student with significant mobility and visual impairments, was a 16 year-old sophomore, he had difficulty accessing parts of the high school facilities and much of his curriculum due to his disabilities.
A.V. suffers from both cortical visual impairment and traumatic brain injuries, and required the expertise of a county classroom for the visually impaired, as well as orientation and mobility instruction.
For several months, J.O., a hard-of-hearing middle school student, was denied the sign-language interpreter services specified in his individual education plan under the Individuals with Disabilities Education Act
Clinic students Bridget Kerlin ('06) and Ruth Barnes ('07) opened the doors of F.P.'s public high school, after months of failed negotiations between the parent and the school.
A 13-year-old boy in the 8th grade suffers from clinical depression and family strife: he comes from a caring, but very low-income, single-parent home, and has witnessed domestic violence.
A blind, multiple-disabled, 17-year-old high school student, C.C.'s educational program needs must be met through a state school that serves blind children.
A 7-year-old boy suffered traumatic brain injury (ataxia) after choking on a peanut at the age of 3.
A 4-year-old child who attends a county Early Childhood Center that he and his parents enjoy, has a dangerous and unusual tonic-clonic seizure disorder.
YELP successfully represented a 16-year old student, M.H., who was suspended and later expelled from her high school because of heated comments made during an altercation with another student.
YELP students Rachel Velcoff ('08) and Craig Zieminski ('08) represented the family of a 13-year old middle school student who had been expelled for bringing a pellet gun to school.
YELP clinic student Christine Sebourn ('08) worked swiftly to prevent the expulsion of A. R., a 7-year-old student with autism spectrum disorder.
A 15-year-old 9th grader began attending her new high school in the 2003 fall semester.
F.O. is a 16-year-old product of neglect of the school system, which over the years has allowed him to slowly drop from performing at the 50th percentile on standardized tests to between the first and fifth percentiles, because of unrecognized learning disabilities.
In addition to individual and systemic reform litigation cases, YELP also is involved in myriad policy research and policy advocacy projects focusing on areas such as education funding, equal access to educational resources, access to mental health services, teacher collective bargaining, and commercialism in the schools, to name a few recent examples. YELP has conducted original policy research and briefing, drafted model legislation and policies, provided testimony to local school boards and the California State Assembly, and provided comments to regulatory agencies. Project work provides law students with the opportunity to broaden their understanding of the role of policy advocacy and its potential for enhancing educational opportunities for all children, while applying this knowledge to cutting-edge issues facing California schools.
Click on the project links to read more detailed information.
It is generally well-known that Congress and the State of California do not provide sufficient funds to local school districts to ensure that children with disabilities receive the free, appropriate education to which they are entitled.
On the 46th anniversary of Brown v. Board of Education in 2000, a group of civil rights litigators brought a class-action lawsuit against the State of California, alleging that the state had denied its children many of the "basic educational necessities," including access to textbooks, safe and clean facilities, and qualified teachers.
The Youth and Education Law Clinic released "Challenge and Opportunity: An Analysis of Chapter 26.5 and the System for Delivering Mental Health Services to Special Education Students in California," a comprehensive report on Chapter 26.5 (County Mental Health Services) that examines its implementation and the barriers to mental health service delivery to children in special education.
If, after reading this section, you believe your child needs assistance with special education services, please access the resources listed below or contact the Youth and Education Law Clinic.
Under the Individuals with Disabilities Education Act (IDEA), a federal law, all children with disabilities between the ages of three and twenty-one are entitled to a free, appropriate public education (FAPE), commonly know as special education. Special education is a program that provides specialized instruction for children with cognitive, physical, and emotional disabilities at no cost to the parent. A FAPE may also include the provision of related services, which are any services necessary to help the child benefit from the special education services, including transportation, mental health services, or occupational therapy.
Each public school child who receives special education services must have an Individualized Education Program (IEP). The IEP creates an opportunity for teachers, parents, school administrators, related services personnel, and students (when appropriate) to work together to improve the education of children with disabilities. The IEP document explains the instructions and services that a child will receive in the following year.
View a step-by-step outline of the basic special education process.
Are there any other services my child is entitled to receive if my child does not qualify for special education under the IDEA? If your child is found not to be eligible for special education services under the IDEA, your child may still qualify for some services or modifications under Section 504. Section 504 in some instances provides protections to children with a greater range of disabilities. Section 504 protections are available to students who can be regarded in a functional sense as "handicapped," i.e., students who have a physical or mental impairment that substantially limits a major life activity, has a record of such an impairment, or is regarded as having such an impairment. For example, children with Attention Deficit Disorder or Attention Deficit Hyperactivity Disorder automatically receive 504 protections, whereas under the IDEA the parent must prove that their child qualifies under the "other health impairment category." Also a child who is HIV positive would receive protections under Section 50 but not necessarily the IDEA. If the child qualifies under Section 504 the educational agency is required to provide an individualized education plan for the student, often called a "Section 504 plan."
National Information Center for Children and Youth with Disabilities; California Department of Special Education; Special Education Rights and Responsibilities (written by Community Alliance for Special Education and Protection and Advocacy, Inc.)
In May 2004, the Youth and Education Law Clinic released "Challenge and Opportunity: An Analysis of Chapter 26.5 and the System for Delivering Mental Health Services to Special Education Students in California," a comprehensive report on Chapter 26.5 (County Mental Health Services) that examines its implementation and the barriers to mental health service delivery to children in special education. The report will be of interest to advocates, service providers, and policy makers alike, as we all grapple with the difficulties of providing mental health services to special education students.
The following are frequently asked questions regarding mental health services for school-aged children, and we hope of use to parents. If you need further assistance, please contact the Youth and Education Law Clinic, or access one of the resources listed below or in the Special Education section.
When is my child eligible for mental health services?
Mental health services must be provided to any child when the child's emotional status has a negative effect on his or her educational performance and needs the services to help him or her benefit from special education.
What types of mental health services are available?
There are two types of mental health services available: counseling and psychotherapy.
What agencies are responsible for providing services?
The local school district is required to provide the necessary mental health services to the child. However, if the local school district determines it is incapable of providing the necessary services, the local school district may refer the child to other county mental health agencies. These referrals are commonly known as a Chapter 26.5 referrals or A.B. 3632 referrals.
When is my child eligible for a Chapter 26.5 referral?
The local school district should consider the following criteria in deciding to make a referral:
What types of services are available through a Chapter 26.5 referral?
The specific types of services provided under Chapter 26.5 include the following:
How long does it take to complete a Chapter 26.5 referral?
Once the IEP team determines referral is appropriate, a referral packet must be assembled and sent to county mental health within one workday. Within five days of receiving the packet, county mental health must determine if further assessment is necessary or appropriate. If an assessment is deemed appropriate, county mental health provides the parent with a consent form. Once the parent returns the consent form, county mental health has one day to contact the school to arrange for an IEP meeting to discuss the results of the assessment. Once the parent consents to an assessment, the IEP meeting must take place within 50 days.
Does my child need to be eligible for special education services in order to be eligible for a Chapter 26.5 referral?
A child who has not been found eligible for special education services, but is "suspected of needing special education" may be eligible for Chapter 26.5 referral.
Can only the IEP team make a Chapter 26.5 referral?
Chapter 26.5 referrals can also be made by juvenile courts regarding children who have been determined to be a dependent of the court.
Are there any other mental health services I can access for my child?
Your child may be eligible for mental health services from the following public or private health insurance programs:
| Program | Eligibility | Cost |
|---|---|---|
| Medi-Cal | Age 0-1: up to 200% Federal Poverty Level (FPL) 1-5: up to 133% FPL 6-19: up to 100 % FPL 19-21: up to 92% FPL Child must be a U.S. citizen or legal resident and a California resident. |
No cost or share of cost, depending on family income |
| Healthy Families | Age 0-1: 200-250% FPL 1-5: 133-250% FPL 6-18: 100-250% FPL Child must not be eligible for no-cost Medi-Cal. Child must be a U.S. citizen or legal immigrant and a California resident. Parents must not have had job-based coverage for the 3 months prior to applying to the program. |
Minimum $4 and maximum $27 monthly premium depending on family income. $5 co-pay on non-preventive services. |
| California Kids | Age 2-18: up to 250% FPL 18-19: Foster children up to 300% FPL Coverage provided to income-eligible children who do not qualify for full-scope Medi-Cal or Healthy Families, regardless of immigration status. Families are not required to provide social security numbers or immigration status information. |
Family between 200 and 250 % FPL pay monthly premiums of $20-$25 per child: under 200% FPL no premium. Co payments range from $5-$15. $25 application fee. |
| Kaiser Permanente Cares for Kids | Age 0-19: 250-300 % FPL Not eligible for Medi-Cal and Healthy Families and uninsured for at least 90 days. Families are not required to provide immigration status information; social security numbers are optional on the application. |
Monthly premiums are $15 per child, depending on family income. Co-payments of $5-10 for some services. |
California Department of Education (CDE)
Special Education Division
P.O. Box 944272
Sacramento, CA 94244-2720
916/445-4613
Website: http://www.cde.ca.gov/spbranch/sed/
Children's Health Council
650 Clark Way
Palo Alto, CA 94304
650/326-5530
Website: http://www.chconline.org/
Disability Rights, Education, and Defense Fund (DREDF)
Main Office
2212 Sixth Street
Berkeley, CA 94710
510/644-2555 V/TTY
Website: http://www.dredf.org/
Diagnostic Center, Northern California
39100 Gallaudet Drive
Fremont, CA 94538
510/794-2500
Website: http://www.dcn-cde.ca.gov/
Parents Helping Parents
3041 Olcott Street
Santa Clara, CA 95054
408/727-5775
FAX: 408/727-0182
E-mail: general@php.com
Website: www.php.com
Protection & Advocacy, Inc.
433 Hegenberger Road, Suite 200
Oakland, CA 94621
800/776-5746 (toll free)
Website: www.pai-ca.org