Las Vegas, NV asked in Civil Rights and Education Law for California

Q: does the law provide students a right to a specific preferred individual as a provider?

And if not does the law provide Special education students a right to a specific preferred individual as a provider?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: In U.S. law, students generally do not have the right to demand a specific individual as their provider in educational settings. The law ensures access to education and reasonable accommodations, particularly under statutes like the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. However, these laws do not extend to guaranteeing a specific person's services.

The decision regarding which educator or professional works with a student typically falls under the purview of the educational institution. This discretion is based on various factors, including availability, expertise, and the specific needs of all students within the institution. The goal is to provide effective and appropriate educational services, rather than to cater to personal preferences for specific individuals.

If there are concerns about the suitability or effectiveness of a provider, it's advisable to communicate with the educational institution. They can often address these concerns within the framework of existing laws and policies, ensuring that the student's educational needs are met. Remember, the focus of educational law is primarily on the quality and accessibility of education, rather than on personal preferences for specific service providers.

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