Special education laws are complex and can feel challenging for parents to navigate, especially when you are already consumed with the additional meetings, appointments, and paperwork that come with advocating for your special needs student. You are not alone. If you need help understanding the federal, state, and local laws that protect your student in the Jacksonville Metropolitan area, contact the Lento Law Firm's Education Law Team today. Together, we can carve a path forward for your special needs child and ensure they are treated with the dignity and respect they are owed under the law.
Jacksonville Metropolitan Area
The vibrant and diverse Jacksonville Metropolitan area is set against the Atlantic Ocean coastline backdrop, which continues to attract new residents by the day. According to data from The 2021 Census, the Jacksonville Metropolitan Area is home to approximately 1,637,666 people spread out amongst 3,201.8 square miles. Most of the population comprises married couples, non-family households, and female-led households.
The area is made up of the following counties and cities:
- Baker County
- Glen Saint Mary
- Macclenny
- Olustee
- Sanderson
- Clay County
- Doctors Inlet
- Fleming Island
- Green Cove Springs
- Keystone Heights
- Lake Geneva
- Middleburg
- Orange Park
- Penney Farms
- Duval County
- Atlantic Beach
- Jacksonville
- Jacksonville Beach
- Neptune Beach
- Flagler County
- Palm Cast
- Flagler Beach
- Bunnell
- Beverly Beach
- Nassau County
- Fernandina Beach
- Yulee
- Callahan
- Nassau Village-Ratliff
- Putnam County
- Palatka
- Interlachen
- Crescent City
- East Palatka
- Welaka
- Pomona Park
- St. Johns County
- St. Augustine
- Ponte Vedra Beach
- Nocatee
- Fruit Cove
- St. Augustine Beach
- Hastings
- Vilano Beach
- Crescent Beach
- Butler Beach
- Palm Valley
- Saint Augustine Shores
- Sawgrass
- Saint Augustine South
School Districts, Private Schools, and Universities in the Metropolitan Area
The Jacksonville Metropolitan area is home to dozens of school districts that span a wide array of socioeconomic communities. Some large school districts include Duval County Public School System, St. Johns County School District, and Clay County School District. Although each of these districts may have different policies in place for their disabled students, they must follow federal and state education laws.
Some well-known private schools include Trinity Christian Academy, Assumption Catholic School, The Bolles School, and the Foundation Academy. If your special needs student is currently attending a private school, it's essential to understand that, in most cases, these schools will not be bound by the same federal education laws. Unless a private school receives federal funds, federal laws do not apply.
In some circumstances, a school district may place a student at a private school that is better suited to serve their needs. If this is the case, that student's federal special education rights (discussed below) will apply as if they were enrolled at a public school. In other instances where parents choose to register a student at a private school, the district may use their funds to provide that student with special education services such as occupational therapy, speech therapy, counseling, etc.
Colleges and Universities
The Jacksonville Metropolitan Area is home to dozens of higher institutions, including Florida State College at Jacksonville, Jacksonville University, University of North Florida, and Flagler College. Although the IDEA does not apply at the collegiate level, students with Individualized Education Plans (“IEPs”) in high school can use their special education experience to advocate for themselves at the collegiate level. Students can also share their IEP or high school assessments with their school's disability office to request disability accommodations such as teacher-provided copies of notes, scribes, books on tape, etc.
While advocating for themselves in college may seem scary, schools will expect to speak to the student rather than their parents. Federal education law mandates that students assume responsibility for their educational rights on their 18th birthday. If you have a special needs student who is nearing college or already in college, you should encourage them to start advocating for their educational needs.
Although the IDEA does not apply at the collegiate level, the ADA and Section 504 of the Rehabilitation Act of 1973 apply. These laws ensure disabled students receive equal educational opportunities as their non-disabled peers.
What Can I Do To Help My Student Prepare For College?
There are several things you can do to help your student develop their self-advocacy skills, such as:
- Help them familiarize themselves with the ADA and Section 504 so they can request accommodation and modifications without your help.
- Make sure they are connected to their disability services office before starting school and that the office has received the proper disability disclosures.
- Encourage them to regularly communicate with their professors and instructors about their needs at the beginning of each term to prevent any future misunderstandings.
It's also important to remember that while your student may be coming from a small high school where they did not have to regularly explain his disability to inquiring peers, their college campus will be larger and full of new peers to navigate. If your student doesn't already know how to educate their peers about their disability, you can help them think through talking points now. By doing so, you are not only helping your student, but you are fostering a more inclusive and understanding campus community.
Federal Education Laws
There are two major special education laws, the Individuals With Disabilities Education Act ( “IDEA,”) and the Americans with Disabilities Act ( “ADA.”) Together, these laws ensure that students with physical, emotional, or mental challenges can access their education and receive educational benefits.
The Individuals With Disabilities Education Act
The IDEA is a federal law that protects the rights of students with disabilities by requiring school districts to provide modifications, support, and services tailored to their unique educational needs. Most of the special education terminology used in the K-12 setting can be traced back to different sections of the IDEA. Several key provisions of the IDEA are discussed below.
FAPE
The most frequently used term from the IDEA is the acronym “FAPE,” which stands for free and appropriate public education. Under the IDEA, public schools must provide eligible students aged 3-21 (or graduation from high school, whichever comes sooner) with a unique education program designed to receive an educational benefit and make academic progress at the public's expense. What is appropriate will vary from student to student.
Child Find Obligations
Under Section 300.11 of the IDEA, school districts must adhere to a doctrine known as “Child Find.” Child Find requires school districts to find, identify, and assess any student within their district who may need special education services. The law places this burden on educators rather than parents because it assumes educators have the necessary experience and training to recognize hallmark symptoms of disabilities. Under Child Find, if an educator has any reason to suspect that a student may have a disability, they must arrange for the student to be assessed for special education services.
Eligibility
Special education eligibility does not end at the assessment state. After conducting thorough assessments, a school district must determine whether that student qualifies for special education services such that one or more identified disabilities affects their ability to access their education. Under the IDEA, a student can qualify for special education services if they have a disability in one or more of the following 13 separate eligibility categories:
- Specific learning disabilities such as dyslexia or dysgraphia.
- Other Health Impairments that may limit a student's strength, energy, or alertness, such as ADHD.
- Autism Spectrum Disorder.
- Emotional Disturbances such as generalized anxiety disorder, depression, oppositional defiant disorder, etc.
- Speech and Language Impairments such as receptive or expressive speech disorders.
- Visual impairments.
- Deafness.
- Hearing impairments that are not considered deafness.
- Deafblindness.
- Intellectual Disabilities such as Down Syndrome, Fetal Alcohol Syndrome, or lower-than-average cognitive abilities.
- Orthopedic impairments such as Cerebral Palsy.
- Traumatic Brain Injury.
- Multiple Disabilities
If you believe your child's school has failed in its Child Find duties, contact the Lento Law Firm's Education Law Team for assistance.
Least Restrictive Environment
Section 300.114 of the IDEA addresses a legal requirement under the IDEA known as “Least Restrictive Environment” or “LRE.” The LRE requirement mandates that students with special needs must be educated “to the maximum extent possible” alongside their non-disabled peers. This concept emphasizes that special needs students should not be segregated from the general education classroom except when they are pulled out for services or where supplementary aids and services in the general education environment cannot be achieved satisfactorily.
If you believe your student is being segregated from their peers and your school district has not made appropriate attempts to keep them in the general education environment, contact the Lento Law Firm Education Team for help!
What is an IEP?
An IEP is a legally mandated document, like a contract, that outlines the specific educational needs and services a student with disabilities may need at school to access their education and make progress at school. Like a contract, if a school district fails to adhere to an IEP's terms, they have breached their agreement with a student and can be held legally accountable.
What Should a Proper IEP Contain?
Although each IEP will differ from student to student, Section 300.321 of the IDEA requires that each IEP include the following components:
- A description of the student's “present levels of academic and functional performance,” which will be used to help the team draft the student's upcoming goals.
- Annual goals that are uniquely tailored to a student's needs. These goals must be measurable and ambitious.
- A statement on what related services (if any) will be implemented to help students achieve their goals and access their education. Some examples of related services include individual instruction, occupational therapy, speech and language services, etc.
- Any accommodation on campus that will help students more easily access their education, such as preferential seating, assistive devices, etc.
- Any modifications to the curriculum that the team may decide on, such as limited homework assignments, longer time to complete tasks, etc.
- A description of the student's academic placement with specific attention to how much time a student will spend in general education versus a particular education setting.
Additional items can vary from student to student but can include statements on the student's behavior, testing results, etc. If a school district fails to adequately address one of the sections on a student's IEP, parents may be able to seek compensatory education under a due process complaint.
The Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973
The Americans with Disability Act protects all disabled students from preschool through post-secondary education by ensuring that they receive educational opportunities in a manner that is equal to their non-disabled peers. This means that schools must provide things like services, programs, accommodations, and activities for disabled students that help them integrate into campus life. If schools fail to make their buildings or programs accessible, for example, failing to make dorms wheelchair accessible, then students should consider bringing discrimination claims against their school for violations of their civil rights.
Equally important, Section 504 of the Rehabilitation Act of 1973 (“Section 504”) requires schools to make modifications to their policies and practices so students with disabilities can participate in school programs and activities “alongside their non-disabled peers as much as possible.” For example, suppose a student with a neurological condition is not mobile. In that case, the district should develop a 504 Plan that accommodates the student by offering transportation assistance, modified physical education opportunities, etc.
Violations under the ADA or Section 504 are not addressed through due process claims but are handled through civil rights litigation.
What Laws Address Bullying?
Disabled students are often targeted by their peers and subject to pervasive teasing and bullying. Although the IDEA does not explicitly address bullying, it does require that disabled students be able to access their education in a way that is meaningfully beneficial to them. If your student is anxious, sad, or depressed at school because of bullying, the school has failed to create an accessible educational environment.
While the IDEA does not address bullying, Section 504 and the ADA mandate that schools must create safe and inclusive environments for disabled students. If your student has been victimized and bullied because of their disability, compensatory education may be available.
Florida State Special Education Laws
In addition to the IDEA, ADA, and Section 504 discussed above, federally funded schools in Florida must adhere to the state's special education laws and policies. Florida refers to their special education laws and policies under a set of general provisions known as “Exceptional Student Education.” These provisions outline the specific requirements federally funded schools in Florida must meet to comply with the IDEA.
Special Education Attorneys In Jacksonville Metropolitan Area
Navigating the complex federal, state, and local laws that govern your disabled student's rights can be an exhausting process. Fortunately, the compassionate Education Law Team at the Lento Law Firm is standing by to help. We care about your child's rights and educational future. Contact us today by calling (888)535-3686 or visiting our online contact form.
