The Individuals with Disabilities Education Act (IDEA) requires that every school district in California evaluate your child's special education needs. If your child suffers from a disability that affects her educational performance, she qualifies for special education.
If your child fails to qualify for special education under IDEA, she may still qualify under Section 504 of the Rehabilitation Act. A student who suffers from a physical or mental disability that "substantially limits one or more life activities" is eligible for special education under Section 504. Her education must be equal to those provided to the other students. Like IDEA, 504 involves an individualized education plan for your student. According to the Council for Exceptional Children, Section 504 mandates that services and facilities for special needs children be comparable to the facilities of non-disabled students.
Section 504 also specifies "reasonable accommodations" for your child. In other words, your school may need to redesign equipment or even build new facilities.
Often your school communicates with you about assessing your child for special education. Other times, you know that your child suffers academically due to her condition, but the district doesn't see this and hasn't assessed her. Let your school know that you want your child assessed. Better yet, call, write or send an email to your district, your child's teacher, even the principal. Indicate your concern about your child's educational progress, and that you want her assessed for special education.
School districts receive funds for special education students under IDEA. They do not receive funds under Section 504. Therefore, your school may more likely qualify your child for special education under IDEA if she qualifies for both programs.
When your child qualifies for special education, a "team" (including the teacher, a school administrator and others) completes a written Individualized Educational Program (IEP). At that point, the school district must make available necessary services to meet the needs outlined in the IEP. This may entail hiring credentialed teachers trained in special education, including qualified interpreters for the deaf. The district may also need to acquire curriculum that fits your child's needs, such as certain software programs or literature printed in braille.
Your school may or may not take your child with special needs out of the "regular" classroom. But legal precedent favors mainstreaming your child.
One such legal case that still holds strong today occurred during 2002 in Regan-Adkins versus San Diego Unified School District. The 9th Circuit Court found that a school should not take a child out of "regular" classes unless her disability inhibits her from achieving an education under these settings.