More than seven million students in K-12 schools in the U.S. have a disability. This means that 15% of public school enrollment nationwide needs additional support and services in school. Additionally, about 19% of college students also have a disability. This can make education more challenging for many students and their families. To help manage these challenges, federal and state laws protect students with disabilities. Federal laws protecting these students include the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA). Florida law also provides additional protections for students, creating a legal framework for disabled student rights and the foundations of disability education law in the state.
If your student is facing academic challenges in school, or you're having difficulty getting the services, support, and accommodations your child needs to succeed, you have options. You don't have to navigate Individual Education Plans, 504 accommodations, or school disciplinary actions alone. The skilled Education Law Team at the Lento Law Firm can help you and your student navigate the process. Call us at 888-535-3686 to schedule your consultation.
The Deltona, Daytona Beach, Ormond Beach, Florida Area
Deltona, Daytona Beach, and Ormond Beach are in Volusia County, Florida, with over half a million people, 27 high schools, and 63,000 students. The county school district also operates six charter schools, including two K-5 schools, one K-12 science and technology school, a K-8 school, a high school with grades nine to 12, and one with grades six to 12. Some of the larger high schools in the Volusia School District include:
- Deland High School,
- University High School,
- Spruce Creek High School,
- New Smyrna Beach High School
- Mainland High School,
- Deltona High School.
Some of the largest middle schools in the Volusia County School District include:
- River Springs Middle School,
- Silver Sands Middle School,
- Creekside Middle School,
- T. Dewitt Taylor Middle/High School.
Some of the largest elementary schools include:
- Holly Hill School,
- Ivy Hawn Charter School of the Arts,
- Debary Elementary School,
- Citrus Grove Elementary School,
- Cypress Creek Elementary School, and
- Spruce Creek Elementary School.
Understanding IEPs, Reasonable Accommodations, and a Free and Appropriate Public Education
Florida schools must provide students with disabilities the services, support, and other resources they need for success in school because of mandates from federal and state laws and regulations. The Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Improvement Act, and Section 504 of the Rehabilitation Act of 1973 work together to protect the rights of students in K-12 public schools. In some cases, federal and state laws also protect college students with disabilities, although regulations protecting children are much more extensive than those protecting adults in college.
The main federal laws that protect disabled students' rights in Florida include:
- Free Appropriate Public Education (FAPE): In the U.S., every public school student is entitled to a “free and appropriate public education” (FAPE). This includes students with disabilities. However, students with disabilities may need accommodations, services, and additional resources to make their education more accessible to them and to their families.
- Individualized Education Programs (IEPs): Individualized Education Programs are plans developed for students with disabilities along with the input of their teachers, administrators, parents, and the student. IEPs are legal documents delineating the supports and services the school must provide students to help them succeed.
- Reasonable Accommodations: A “reasonable accommodation” is an adjustment to how your child's curriculum or work is presented to allow them to learn more easily. The school will use an accommodation to help place your student on a more level playing field with their peers. Section 504 accommodations are not legally binding and not unlimited in scope. The school district must also consider the feasibility and cost of any proposed accommodations.
- Least Restrictive Environment (LRE): The “least restrictive environment” (LRE) refers to the learning environment placing the fewest restrictions on your child, allowing them to learn with their peers in a more inclusive community. The LRE allows your student to learn in general education classes along with their non-disabled peers, with schools placing kids with disabilities in general education classes with non-disabled children. Sometimes, the LRE may also allow the school to place your student in a general education classroom with an aide or assistant.
Accommodations, IEPs, and the LRE all help ensure your child's school provides your student with a free and appropriate public education.
Florida Laws & Regulations for Special Education
Florida laws covering special education services and the rights of special education students are found in the state's “exceptional student education” statutes. These largely mirror federal law and provide additional protections for special education students.
- Florida Special Education & Services
Florida and federal law contain specific requirements for special education and related services. Your child must be between the ages of three and 21 and have at least one qualifying disability under the Individuals with Disabilities Education Improvement Act (IDEA) to qualify for special education services. This may include:
- Learning differences,
- Orthopedic impairments,
- Hearing or vision impairments,
- Speech impairments,
- Emotional disturbances,
- Mental disorders, or
- Multiple disabilities.
However, it's important to understand that only children in public schools are entitled to all the services and protections available under the law. If your child attends a private school, they may not be entitled to all the same services, resources, and protections.
- Referrals for Special Education in Florida
To begin the special education referral process in Volusia County schools, you must make a request in writing. In Florida, a parent, a student who is 18 or older, a teacher, a school administrator, or other school personnel can also request that the school evaluate a student for special education services. The school will first send you a notice of an IEP team review. The team may decide they already have enough information to offer services or request additional tests or reviews. After testing, the team will decide if your student qualifies for special education services under Florida and federal guidelines.
If the team decides that your child qualifies for special education, they'll hold a meeting to develop an Individualized Education Plan (IEP). Your child's IEP will include any modification necessary for the curriculum, special education services you and your family may need, the recommended learning setting, and objectively measurable goals and evaluation procedures. Examples of support your student might receive under an IEP in Volusia County include:
- Transportation,
- Physical or occupational therapy,
- Speech therapy,
- Other school health services,
- An individual aid,
- ·Audiology services,
- Counseling or psychological services and support,
- Rehabilitation programs,
- Therapeutic recreation,
- Social worker services, and
- Some diagnostic medical services.
You will also receive a copy of the IEP; the school must send it to you within five days of the meeting.
- Florida Bullying Laws
The Jeffrey Johnston Stand Up for All Students Act protects Florida students from bullying, requiring all schools to adopt official anti-bullying and anti-harassment policies for staff and students. The policies must apply to students on school grounds, at school-sponsored events, and on school cyber networks. Florida's anti-bullying law prohibits cyber-bullying, as well as:
1. ”Teasing;
2. Social exclusion;
3. Threat;
4. Intimidation;
5. Stalking;
6. Physical violence;
7. Theft;
8. Sexual, religious, or racial harassment;
9. Public or private humiliation; or
10. Destruction of property.”
Florida school districts must also implement notification and reporting procedures for bullying incidents. For example, Volusia County School Board Policy Document 525 addresses bullying in county schools and notification procedures:
a. Where the victim or perpetrator of the bullying or harassment is a student then the parents of the student shall receive immediate notification of the act of bullying or harassment. Schools shall refer victims of bullying and harassment to guidance counselors for counseling and shall notify the parent if other actions are taken and/or planned to protect the victim. The school shall take the necessary actions to have perpetrators of bullying and harassment referred to appropriate programs and/or services.
b. Where the victim or perpetrator of the bullying or harassment is an employee, the district shall offer referrals to the district's Employee Assistance Program. Counseling may be required for the perpetrator.
- Florida Manifestation Determination Review
For many special education students and their families, disciplinary incidents are a primary concern. In Florida public schools, the school must follow state and federal rules and regulations before disciplining a special education student. Under the law, they must consider how a student's disability can affect their behavior. While a Volusia County school can suspend a student for up to ten days, once suspensions reach a cumulative total of ten days, the school must perform a Manifestation Determination Review or MDR.
An MDR review allows a Volusia County school to decide whether your student's disability or the school's failure to implement an IEP properly somehow led to a behavioral incident. The school will form an MDR panel consisting of your student's teachers, administrators, relevant members of your child's IEP team, and you as the parent. The team must review the incident and your student's file to see if the behavior or incident was a “manifestation of the student's disability.” If so, the school must implement a Positive Behavioral Intervention Plan after a Functional Behavioral Assessment and return the student to school. If necessary, the school must also implement or modify an IEP.
- Resolving a Florida Special Education Complain
If you disagree with an MDR evaluation, an IEP decision, or the school's failure to put an IEP in place, you have the right to appeal. This process follows a specific process in Volusia County and all Florida public K-12 schools:
- First, you can try to resolve any differences with your child's IEP team and the school administration;
- Second, you can contact the superintendent and try to resolve the matter through the district's Exceptional Student Education Director;
- Next, you can ask for a “facilitated IEP meeting” with a neutral party to hear the dispute;
- If the conflict still isn't resolved, you can ask for mediation or informal conflict resolution with a trained mediator;
- Finally, you can complain to the Florida Department of Education.
If you file a complaint with the state DOE, you must do so within one year of the school district's final decision. Moreover, your complaint must allege that the school district violated a state or federal disability education law or regulation.
- Florida Due Process Complaints
After attempting to resolve a complaint through the district and the Florida Department of Education, you can ask for a hearing with a due process complaint if the matter still isn't resolved. You may be eligible to file a due process complaint if:
- You have an IEP disagreement with the school based on the school's IEP evaluation or the school's proposed IEP,
- The school fails to follow your child's IEP or to provide the services in the document, or
- You don't agree with a disciplinary action, MDR, suspension, expulsion, or alternative education placement.
You will file a due process complaint with the Florida Bureau of Exceptional Student Education and send a copy to the Volusia County school district. You must include suggestions to resolve the matter as part of your complaint. The FBESE's hearing office will then send you a letter outlining the due process timeline, the necessary contact information, the next steps in the process, and mediation and informal resolution information. If mediation fails, you will have a due process hearing. The hearing officer will review the file, your complaint, and any evidence related to the case. They will notify you of their decision within 45 days.
Florida Colleges and Universities Versus K-12 Schools
Florida has some of our country's finest public and private colleges and universities, with the state's Academic Scholars award, also known as Bright Futures, providing strong financial support for Florida students. Nearby, Embry-Riddle Aeronautical University, Daytona State College, Stetson University, and big public schools like Florida State and the University of Florida bring tens of thousands of students to Florida each year. Private universities like the University of Miami and the Florida Institute of Technology also draw top students from Florida and across the country.
While our state colleges and universities are strong, if you have a special education student, you're no doubt concerned about the protections they will have while pursuing a degree. The special education processes and protections vary from those for K-12 students. Colleges in Florida must follow the same state and federal laws for students with educational disabilities, but how they apply to students over 18 differs. For example, colleges and universities no longer must comply with IEPs, and IDEA doesn't apply to students in college. However, IDEA guidelines and IEPs can guide colleges in finding appropriate support for students with disabilities.
After your child enters college, the law presumes they can now advocate for themselves without your hands-on guidance. You can no longer access their educational information without your student's express permission.
Protecting Your Florida Student's Right to an Education
If you and your child are becoming frustrated accessing special education services for schools in the Deltona, Daytona Beach, and Ormond Beach areas in Florida, you don't have to figure this out alone. Whether you're facing difficulty getting an IEP in place or getting a school to follow your child's IEP, or your student has disciplinary issues related to their disability, it's important to remember that your child still has a right to a free and appropriate public education. The skilled Education Law Team at the Lento Law Firm has been guiding Florida families like yours through the disability education process for years, and they can help you, too. Call 888-535-3686 or contact us online to schedule your consultation today.
