Education Disability Rights in the Cape Coral, Fort Myers, Florida Area

In the U.S., there are more than seven million students with disabilities in K-12 schools, making up 15% of public school enrollment nationwide. On top of that, approximately 19% of college students have a disability. To help students and parents cope with these challenges, federal law protects students with disabilities in the U.S. with the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA) providing the primary legal framework for students' rights. Together with Florida law, they provide the foundation for disability education law in our state and set mandatory requirements and due process rights for students. 

If your child is struggling in school and not receiving the services and educational support they need for success, you don't have to figure this out alone. If you are fighting your child's school over an IEP, support services, or disciplinary action related to their disability, the experienced Education Law Team at the Lento Law Firm can advocate for your student. Call us at 888-535-3686 to schedule your consultation. 

The Cape Coral, Fort Myers, Florida Area 

Florida's Cape Coral and Fort Myers areas are in Lee County, which operates the state's ninth-largest school district with 96 schools. The school district also operates Cape May and Fort Myers Technical Colleges and Lee Virtual School. Additionally, Cape Coral operates a charter school system with one high school, one middle school, and two elementary schools. Some of the larger schools included in this system include: 

• Lehigh Senior High School 
• Riverdale High School 
• Veterans Park Academy for the Arts 
• Fort Meyers High School 
• Ida S. Baker High School 
• East Lee County High School  
• South Fort Meyers High School 
• North Fort Meyers High School 
• Cape Coral High School 
• Oasis Charter Schools 
• Bonita Springs Charter School 
• Sunshine Elementary School 
• Gateway Charter Elementary School 
• The Alva School 
• Oak Hammock Middle School 
• Harns Marsh Middle School 
• Varsity Lakes Middle School 

Understanding Reasonable Accommodations, IEPs, and FAPE 

A network of federal laws and regulations mandate that Florida schools give students with disabilities the support, services, and resources they need to be successful in school. These laws include the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Improvement Act, and Section 504 of the Rehabilitation Act of 1973. Together, these laws protect the educational rights of kindergarten through 12th-grade students in public schools and, in some cases, colleges and universities. However, federal laws and regulations are much more extensive for K-12 public education. 

Key provisions of these laws that apply to public schools include: 

1. Free Appropriate Public Education (FAPE): All students in U.S. schools are entitled to a free and appropriate public education, including those with disabilities. To obtain a FAPE, some kids need additional services or resources from their school to make education more accessible to them and their families.  
2. Individualized Education Programs (IEPs): An Individualized Education Program is a plan for students with disabilities that teachers, parents, administration, and sometimes the student develop together. The IEP is a legal document that can be revised throughout your student's education to create a network of support and services to allow them to succeed in school.  
3. Reasonable Accommodations: Reasonable accommodations are adjustments or changes your school may offer to make your child more easily able to learn. The school uses accommodations to place children with disabilities on the same level as other children. The school will consider the cost and feasibility of your requested accommodations.  
4. Least Restrictive Environment (LRE): A “least restrictive environment” is the learning environment that puts the fewest restrictions on your child. It allows schools to place kids with disabilities in general education classes with non-disabled children, making the school community more inclusive. The LRE can also involve having your student in a mainstream class with accommodations or an aid. 

IEPs, the LRS, and accommodations all help ensure your child receives a free and appropriate public education. 

Florida Special Education Laws 

Florida's laws and regulations covering “exceptional student education” largely mirror federal law, providing another layer of protection for these students. 

Florida Special Education & Services 

To be eligible for special education and services in Florida, a child must be between the ages of three and 21. Your child must also have at least one disability under the Individuals with Disabilities Education Improvement Act (IDEA). Disabilities under IDEA can include physical disabilities such as hearing or vision impairment, orthopedic impairments, or other disabilities such as learning differences, emotional disturbances, or multiple disabilities. However, if your child attends a private school in Florida, they may only be legally entitled to some of the same services and protections they would enjoy in a public school. 

Special Education Referrals in Florida 

In Florida, a special education referral can begin with a request in writing for a parent or guardian, a student over 18, a teacher, other school personnel, or from other agencies in special situations with a parent's permission. You'll receive a notice of an IEP team review, and the team may either decide they have enough information or request additional reviews. The team will then determine if your child qualifies for special education services in Florida. If they do, the team will hold a meeting to develop an Individualized Education Plan (IEP). The IEP will include measurable goals, evaluation procedures, criteria, any modifications to the curriculum, special education services needed, and recommended learning settings.  

Some of the related services and supports a child with an IEP might receive in a Cape Coral or Fort Myers school include: 

• Speech or occupational therapy,  
• Physical therapy,  
• School health services, 
• Audiology services,  
• Psychological services or counseling, including rehab, 
• Therapeutic recreation,  
• Orientation and mobility services, 
• Some diagnostic or evaluative diagnostic medical services,  
• Services from social workers, 
• Parent training, education, or counseling, and 
• Transportation  

The school will send you a copy of the IEP within five days of the meeting. 

Bullying Laws in Florida 

Florida also has an anti-bullying law known as the Jeffrey Johnston Stand Up for All Students Act. The Act requires all Florida school districts to adopt an official anti-bullying and anti-harassment policy for students and staff at school, at school-sponsored events, and on school networks. Florida law prohibits cyber-bullying through the use of technology, harassment, and: 

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.”  

Each school district must also implement investigative and notification procedures for bullying incidents. 

Manifestation Determination Review in Florida 

If your student is involved in a disciplinary incident in a Florida school, the school must follow federal and state disability laws and regulations when disciplining a student with disabilities, and they must consider how their disability can impact behavior. They may suspend a child violating the code of conduct for up to ten days. However, once they reach ten days of suspension cumulatively in the school year, the school must perform a manifestation determination review (MDR).  

A manifestation determination review allows the school to consider whether your student's disability or the school's failure to implement an IEP appropriately led to the behavior. The MDR panel will consist of the parent, the local educational agency, and relevant members of the IEP team. It will review the student's file and the behavior and determine whether the conduct was a “manifestation of the student's disability.” If it was, the school must complete a Functional Behavioral Assessment, implement a Positive Behavioral Intervention Plan, and return the student to their current placement. 

Resolving Special Education Complaints in Florida 

You can appeal if you disagree with an IEP determination, the failure to put an IEP in place, or an MDR evaluation. In Florida, dispute resolutions typically follow a specific process: 

• You can first try to resolve a dispute at the school level with the IEP team and your child's school administration.  
• Next, contact the school district's Exceptional Student Education Director and superintendent. 
• If the matter still isn't resolved, you can request a facilitated IEP meeting with a neutral party. 
• You can then request informal conflict resolution or mediation where a trained mediator will work with all the parties to attempt to resolve the disciplinary or IEP dispute. 
• Next, you can file a complaint with the Florida Department of Education alleging that the district has violated federal or state laws or regulations regarding your child's disability education rights. You must file a complaint with the Florida DOE within one year of the school district's final action. 

Due Process Complaints in Florida 

You can also file a due process complaint, also known as a hearing request. You can file a due process complaint if: 

• You disagree with the school's evaluation of your child for an IEP or related services, 
• You don't believe the IEP developed by the school will meet your child's needs, 
• The school isn't providing the required services in your child's IEP or 
• You disagree with the district's placement decision, such as a suspension, expulsion, or alternative education placement, for your student. 

After filing the complaint with the Florida Bureau of Exceptional Student Education and sending a copy to the district, the hearing office will send you a letter with contact information, the due process timeline, important steps, and information about a resolution meeting and medication. If mediation does not resolve the matter, you will have a due process hearing, where the hearing officer will review the evidence and notify you of the decision within 45 days.  

As part of your due process complaint, you must include: 

• Your child's name, address, or contact information, 
• Your child's school, 
• The specific problem and related facts, 
• Suggestions to resolve the matter. 

Colleges and Universities Versus K-12 Schools 

Florida is also home to some of the country's best public and private universities, with Gulf Coast University and Florida SouthWest State College nearby and flagship state schools like Florida State, the University of Florida, Florida International University, and the University of South Florida further away. Renowned private universities in Florida, like Embry-Riddle Aeronautical University and the University of Miami, also draw students nationwide. However, Florida's generous Academic Scholars award (also known as Bright Futures) also keeps many Florida students in the state for their college education. 

Colleges and Universities in Florida must also comply with federal and state laws for students with educational disabilities. But they have more leeway and differing applicable laws for students over 18 and those who have graduated from high school. For instance, IDEA does not apply to students out of high school. Additionally, Individual Education Plans are no longer mandated while in college, but they can still assist a university in developing a framework of educational support for students. 

Once a student becomes an adult or enters college, they are presumed to no longer need their parents' and guardians' advocacy and hands-on support. College students can and must advocate for themselves. Moreover, after age 18, parents don't have a legal right to their children's educational records and are no longer legally considered their educational advocates.  

Protecting Your Student's Right to an Education in Florida 

If you are facing challenges getting your child with disabilities appropriate supports and services in the Cape Coral and Fort Myers area of Florida, having a hard time getting your child's school to put an IEP in place, or facing a potential disciplinary action, it's important to understand the web of federal and state laws and regulations that protect your child's right to a free and appropriate public education. But you don't have to figure this out alone. The experienced Education Law Team at the Lento Law Firm has been fighting for the rights of students like yours nationwide for years. Find out how they can help you, too. Call 888-535-3686 or contact us online to schedule your consultation today.