As a thriving metropolitan area in one of the country's fastest-growing states, the Tampa-St. Petersburg-Clearwater area has much to recommend it beyond beautiful beaches and year-round sun. One of the disadvantages of a growing area is that schools may struggle to meet demand or expand resources at a quick enough pace.
Even a brief delay in expanding resources can be detrimental to students and especially students with disabilities. Add in recent changes to Florida law and education standards that critics say will make access to disability services more difficult, and parents and guardians may feel overwhelmed at how to best support and advocate for their student.
Federal law requires that all children have access to a free education, and that includes students with disabilities. If your student needs support and services that they are not receiving, contact the Lento Law Firm. We work with families nationwide in school districts urban, suburban, and rural. We know how to work with individuals and help them secure the services, accommodations, and support they need to succeed in school.
The Tampa-St. Petersburg-Clearwater, FL Area
The eighteenth largest metropolitan district in the United States, the Tampa area does not have a clear boundary for the region. Informally known as the Central Florida region, the different government entities and other organizations use different definitions for how to define the area.
Depending on the organization, the following counties may be considered part of the area:
- Pinellas
- Pasco
- Manatee
- Hillsborough
- Hernando
- Citrus
- Sarasota
- Polk
This article will use the broadest definition of the Tampa-St. Petersburg-Clearwater, FL Area. Whether a student is attending school in an urban district, a rural area, or a tourist-friendly beach town, they deserve the support and services they require to enable them to receive an education.
Although known as a popular destination for vacations and retirement, over 20 percent of the area's permanent residents are under the age of 18. Hundreds of thousands of people attend school in the region every year, from preschool to graduate work.
As nationwide attorney-advisors, the Lento Law Firm has the experience to work with students in any school district, large or small, urban, rural, or suburban.
K-12 Schools
Schools in the Tampa-St. Petersburg-Clearwater, FL area run the gamut.
Some of the best schools in the area include St. Petersburg Collegiate High School and Bryant Elementary School. Sarasota County Schools is considered one of the best school districts in Florida and is home to Pine View School, often ranked as the best public high school in the state.
The region also has some of the state's lowest-performing schools. A 2022 article in the Tampa Bay Times looked at the Hillsborough County School District, which has more “persistently low-performing” schools than other any district in Florida.
The district has committed to improving 45 schools in what it is calling the “Transformation Network.” One elementary school, which had a high number of suspensions for students with disabilities has already corrected that problem.
Colleges and Universities
Public research institutions, private schools, and community colleges have campuses in the Tampa-St. Petersburg-Clearwater, FL area. The University of South Florida has two campuses in the region and serves over 50,000 undergraduate and graduate students. The State College of Florida, Manatee-Sarasota has an annual enrollment of approximately 11,000.
Four of the community colleges in the area:
- Hillsborough Community College
- Pasco-Hernando State College
- Polk State College
- St. Petersburg College
Private colleges and universities in the region include Trinity College, Florida College, and a satellite campus for Embry–Riddle Aeronautical University. Although the name makes some people assume the school is public, the University of Tampa is a private, Division-II school.
Federal Law
Since the 1970s, the federal government has significantly increased legal protections for those with disabilities. This is especially true in education with three federal laws – The Americans with Disabilities Act (ADA), Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act of 1973 – protecting an individual's right to not only receive an education but to have the accommodations, support, and services they require.
Most Americans are familiar with the ADA, which covers everyone and not just those attending school. The ADA mandates accessible properties and is often used at schools to make sure students have access to classrooms and other facilities. Unlike IDEA and Section 504, private schools and charter schools must abide by the ADA.
Although Section 504 predates IDEA, IDEA is the primary law for K-12 students. IDEA applies to all children and all public school districts. While private and charter schools may have regulations similar to those in IDEA, these policies do not have the backing of federal law.
One important part of IDEA is that it requires that public school districts support all children within the school district's jurisdiction. Children attending private schools or who are homeschooled are still eligible for services through their local school district.
IDEA does only cover students in K-12, although support continues until a student until they turn 21. As more research emerges on the importance of early intervention, IDEA's sections on supporting children from birth through three years of age have gained attention. The Florida Department of Health operates an Early Steps program intended to identify and support children between zero and 36 months.
Counties and local school districts may also have programs for babies and toddlers. Manatee County, for example, operates an Early Learning Coalition.
Key Federal Terms
While the ADA, IDEA, and Section 504 have numerous provisions, parents and guardians should know four key terms when discussing disability rights in education.
First, all children are entitled to a Free Appropriate Public Education (FAPE). For students with disabilities, FAPE includes access to services and support to enable them to participate in school as much as is feasible.
This last point closely relates to Least Restrictive Environment (LRE). Current practices in education encourage schools to have students with disabilities be part of general education classrooms and the school community as much as possible. This can include extracurricular activities. The LRE determination depends on each student and should be determined based on what's best for the individual student. In some cases, specialized education is a better fit.
Determining the best fit for the student is part of what defines a reasonable accommodation. Schools are not required to provide students will all available accommodations but those that will support a student and take into consideration cost, use of resources, and the impact on staff and other students.
Finally, IDEA requires that all students with a disability have an Individualized Education Program (IEP). Once a student is diagnosed with a disability, a school district must meet with parents and guardians, and possibly the student, to put together an IEP. The IEP Plan is a roadmap of what support and services the student needs to thrive in school.
After the initial meeting, the plan should be revised annually. Parents and guardians may request more frequent meetings, however, if they believe the IEP is not supporting the student or needs revision. As students age, parents and guardians should make sure the IEP Plan includes transition plans and factors in a student's goals after they graduate high school.
While IEPs only apply to K-12 students, students in colleges or universities who already have an IEP may find them useful as a guide for what services they require.
Florida Law
As of 2023, Florida has seen several recent revisions to its laws on education, including those that cover students with disabilities. As those changes seem to be continuing for the foreseeable future, parents and guardians should keep in mind the following summary may not reflect the most recent guidelines or regulations.
New legislation is one reason why you should work with a legal team experienced in education rights. The Lento Law Firm team stays up-to-date on both proposed and passed legislation that may affect students with disabilities.
Offices
Before delving into some of the recent changes to the law, families of students with disabilities should have some idea of how the state structures its support for students with disabilities. The Florida Department of Education has four offices to support students with disabilities:
- Bureau of Exceptional Education and Student Services covers both students with disabilities and those classified as gifted. The bureau manages and oversees projects throughout the state with the goal of improving services for students with special needs.
- Division of Blind Services works with all Floridians with vision impairment.
- Division of Vocational Rehabilitation focuses on employment but does have a section for students and those joining the workforce.
- ADA Coordinators and Compliance ensures compliance with both the ADA and Section 504 within the Department of Education and any firms contracting with the department.
If and when state support is needed, parents and guardians should contact the office that focuses on the issue in question.
Seclusion and Restraint
One recent law change included how schools may use seclusion and restraints, which tend to disproportionately affect students with disabilities. The 2021 law includes:
- Students can no longer be secluded in schools
- Stricter guidelines for the use of restraints
- Parents may request that a camera be placed in a classroom of a student who has disabilities
The focus will shift to positive intervention and improved staff training. The state limited both seclusion and restraint after a report found that, over a ten-year period, there were approximately 78,000 incidents of restraint and 21,000 incidents of seclusion. These were reported incidents, and nationwide studies indicate the actual number of incidents is likely higher.
2021 School Board Measure
In 2021, the State Board of Education adopted a measure that critics say will make it more difficult for students with disabilities to obtain needed services. The new criteria include an IQ test and other assessments not required by federal law.
The School Board says the measure was intended to prevent the state from continuing to exceed a federal requirement that no more than one percent of students use alternative testing or standards.
One problem that all states, not just Florida, are confronting is that, as of 2023, the IDEA's last reauthorization was almost twenty years ago. The current version of IDEA does not include changes to technology or recent research or best practices. In that same period, the number of students diagnosed with disabilities has increased even as funding has stagnated or decreased.
As for the 2021 revision, the School Board defended the new measure. The Board has said that the new standards are an attempt to better measure a student's needs. In addition, school districts will not face penalties for exceeding one percent.
Criticism
The measure will require that all students be reevaluated to see if they still qualify. New students would not be able to apply for services for at least two grading periods, and critics say this delay could cause these students to fail classes and otherwise fall behind in their coursework.
Critics pointed out that, during the school board meeting, the board spent all of six minutes considering this measure before passing it. The measure went into effect immediately, and school districts around the state reported confusion over how to implement that law.
Critics related these changes to the state's adoption of new academic standards. In 2020, Florida moved away from the Common Core Standards to a program the state calls B.E.S.T. academic standards.
Critics point out the B.E.S.T. academic standards do not have access points for students in kindergarten, first grade, and second grade. They say these two changes may make early intervention and identification more difficult.
What to Do
For parents and guardians, these shifting standards and laws can add confusion to the already complicated process of securing services and support for their students with disabilities. No easy answer exists, but by being up-to-date on these changes, families can ask school district officials and staff members during meetings how the district is approaching and handling these issues.
One downside of these laws is that they may result in school districts reducing support while claiming they are following state law. It's important to remember that states cannot have laws or standards that are less than the federal requirements. If you believe your student's school is failing to follow federal law, it doesn't matter that they are abiding by current state law.
Your child deserves the best possible education. Families of students with disabilities already face added burdens, and these recent law changes, rather than clarify, may confuse and frustrate parents and guardians. The Lento Law Firm can help reduce some of this burden.
Protect Your Student's Right to an Education
Parents and guardians in the Tampa-St. Petersburg-Clearwater, FL area need to know recent changes to Florida law and how those alterations may affect their student. These revisions do not alter federal requirements or a student's right to an education. If you believe your student with disabilities is not getting the services and support they need, contact the Lento Law Firm. Call 888-535-3686 for a consultation now, or use the online service.
