Disabled people must be given access to public institutions.

We have an extensive class action practice in the area of access to education.   We have handled cases on behalf of classes of disabled students against major school districts and universities including San Francisco Unified School District, The University of California, California State University and others.  

We are committed to the idea that all people have a right to an equal education free from barriers.  All people should be graded and tested based on the knowledge in their minds rather than their ability to navigate artificial barriers erected by non-caring bureaucrats.

If you feel that you have been the victim of Access to Education, please fill out our online consultation form. We are committed to protecting the rights of those protected by the Americans with Disabilities Act (ADA). We have successfully tried many access to education and ADA cases.

Please contact us if you feel you've been denied access to a public institution because of a disability.  We can help.

A recent settlement in a class action lawsuit has once again shown that public education organizations are liable for discrimination against disabled people. The case of Cherry et al vs. The San Francisco Community College District (SFCCD) highlighted the need for accessible buildings and programs in community colleges. Schneider Wallace Cottrell Brayton Konecky LLP, The attorneys in the case argued that a lack of accessible buildings is discrimination because it prevents disabled people from pursuing their education. The settlement in the Cherry requires alterations to buildings, pathways, and program locations to make them accessible for disabled people.

Schneider Wallace Cottrell Brayton Konecky LLP argued that the SFCCD did not provide full and equal access to students with motor disabilities. Schneider Wallace Cottrell Brayton Konecky LLP claimed the SFCCD violated the American Disabilities Act  (ADA) and Section 504 of the Rehabilitation Act of 1973.

The ADA was enacted in 1990. It was written to eliminate discrimination against disabled people by ensuring equal opportunity in public areas, including places of education. The ADA defines a disability as “a physical or mental impairment that substantially limits one of more of the major life activities of such individual.”  Title III of the ADA “prohibits discrimination on the basis of disability by public accommodations and requires places of public accommodation and commercial facilities to be designed, constructed, and altered in compliance with the accessibility standards established by this part.”

The settlement, includes the following provisions:

	21 buildings will undergo access improvements
	At least $7.5 million will be spent to make these improvements
	Information on accessible buildings will be available to students prior to registration
	Classes and other programs will be moved to accessible buildings

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According to the Disabilities Rights Education and Defense Fund (DREDF), 48.9 million Americans identified themselves as disabled. The DREDF says disabled people make up the largest minority in America, are the most poor, and have the least education. According to their website “Hundreds of thousands of children with disabilities are isolated in segregated ‘handicapped-only’ schools or receive inferior educations.”

In addition to the ADA, the rights for disabled people to receive an education are protected by The Individuals with Disabilties Education Act (IDEA). The act, which was enacted in 1975, guarantees children with disabilities a free, appropriate public education in the least restrictive environment.

Unfortunately, despite the ADA and IDEA, some school districts simply do not make their buildings accessible. And some educational institutions continue to deny access to disabled people. In fact, some school districts feel that laws such as the ADA and IDEA do not apply to them.

 

Although the settlement in Cherry et al vs The San Francisco Community College District is a victory for disabled people, it illustrates an important problem: people with disabilities are still treated like second-class citizens, even when it comes to an issue as vital as their education In this day and age, there is no reason why public education institutions such as the SFCCD should have to face a lawyer before they will make their buildings accessible. People with disabilities should not have to hire a lawyer in order to make bathrooms, pathways, or classrooms accessible.

Unfortunately, some organizations, such as the SFCCD, will not make changes unless they are forced to by a lawyer. Luckily for people in the San Francisco Community College District, there were two people willing to hire a lawyer to enforce their rights. Everyone has the right to access to education. The ADA and IDEA recognized this right.

We would like to hear from you if you think you have been denied access to a public institution because of a disability.