Los Angeles, CA asked in Health Care Law and Education Law for California

Q: LAUSD mental health restrictions

LAUSD recently notified by daughters school that students could no longer take time during school hours for private therapy sessions. The school then notified us, our appointment that friday for a 45min therapy sessions would need to be rescheduled since they would no longer provide my child with private space. It is a virtual session for someone with schizophrenia and depression. Can I do anything about this?

Her grades are not affected, the school does not have any issues with the sessions according to them memo came from LAUSD that they could not permit a "private space" anymore.

1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: If your daughter requires private therapy sessions during school hours for a mental health condition, and the school is now preventing her from having access to a private space for these sessions, there may be legal protections that apply to her situation.

Under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, public schools are required to provide reasonable accommodations to students with disabilities in order to ensure they have an equal opportunity to participate in school programs and activities. This may include providing a private space for therapy sessions.

You may want to consider the following steps:

Contact the school: You can speak with the school's administration and explain the need for private therapy sessions, and ask them to reconsider their decision or provide alternative accommodations. It may be helpful to provide documentation from your daughter's healthcare provider to support your request.

Request a meeting: If speaking with the school's administration is not effective, you can request a meeting to discuss the situation further. You may want to consider having an advocate or attorney present to ensure your daughter's rights are protected.

File a complaint: If the school continues to deny your daughter's request for private therapy sessions, you may consider filing a complaint with the U.S. Department of Education's Office for Civil Rights. They can investigate the situation and determine whether the school is in violation of federal law.

Consider legal action: If necessary, you may consider seeking legal representation to pursue legal action against the school district for violating your daughter's rights under the ADA and Section 504.

It is important to act promptly to ensure your daughter's rights are protected. I recommend consulting with an attorney who specializes in disability law to help you understand your legal options and the best way to proceed.

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