The United States prohibits disability-based discrimination. This right extends to education. Whether a student is attending preschool or writing their dissertation, they have a right to not be denied an opportunity to learn because of their disability.
While federal and Florida laws protect all students with disabilities from discrimination, preschool, and K-12 students have more protections than undergraduate and graduate students. One reason for this difference is age. College and graduate students are expected to be more independent and be their own advocates when needed.
Students in the Lakeland-Winter Haven region face the added challenge of living in an area with a growing population. Rapid population increase, such as the one currently facing Polk County, can put a strain on schools and may result in students not having access to the services and support they require as part of their education.
If you're a student with disabilities or a parent of a child with disabilities, you have options for addressing discrimination and other issues involving disability rights in education. The Lento Law Firm's Education Law Team works with families and students throughout Florida and nationwide. We help our clients find resolutions that keep their education front and center. Students or families can call us at 888-535-3686 or fill out an online form to learn more about how we can assist.
About the Lakeland-Winter Haven Region
The Lakeland-Winter Haven Region, as defined by the U.S. Census Bureau, overlaps with Polk County. The two terms refer to the same geographic area and population.
Polk County was one of the leading producers of citrus for most of the 20th century. The region came to national attention after Esther Williams waterskied through Cypress Gardens in a 1953 film. The movie's release coincided with the start of the region's rapid population increase.
The region is currently home to slightly less than 800,000 residents, or 6 1/2 times Polk County's 1950 population. The Lakeland-Winter Haven Region was one of the fastest-growing counties in Florida, which is the fastest-growing state, between 2010 and 2020. In 2021, it was the second-fastest growing area in the entire country.
One reason for this growth is the county's convenient location between Tampa and Orlando. While parts of the county are closer to Tampa, the U.S. Census Bureau considers the Lakeland-Winter Haven region part of the Orlando area.
The area's schools reflect this growth. While other areas report declining enrollment, Polk County Public Schools' enrollment has been increasing annually. Currently one of the top ten largest districts in Florida, Polk County Public Schools are expected to continue to climb up that ranking.
The area's higher education community also reflects this increased popularity. Opened in 2012, Florida Polytechnic University is the newest addition to the State University System of Florida and the state's only all-STEM public institution.
K-12 Schools
Polk County Public Schools serves as the county's only public K-12 district. The district's Exceptional Student Education Department handles all matters relating to disability rights and support in education.
The region is also home to several private and charter schools.
Polk State College operates three charter high schools. Polk State Lakeland Collegiate High School, Polk State Chain of Lakes Collegiate High School, and Polk State Lakeland Gateway to College Collegiate High School all focus on allowing students to complete their high school requirements while having the option of earning college credit.
Other charter schools in the area include:
- Berkley Accelerated Middle School
- Berkley Elementary School
- Dale R. Fair Babson Park Elementary School
- Discovery High School
- Hartridge Academy
- Hillcrest Elementary School
- Lake Wales Senior High School
- Lakeland Montessori Middle School
- Lakeland Montessori Schoolhouse
- Magnolia Montessori Academy
- McKeel Academy Central
- McKeel Academy of Technology
- Polk Pre-Collegiate Academy
- Ridgeview Global Studies Academy
- South McKeel Academy
The region is home to several private schools as well. These include:
- All Saints Academy
- Candlelight Christian Academy
- Geneva Classical Academy
- Lakeland Christian School
- Landmark Christian School
- Oasis Christian Academy
- Sante Fe Catholic High School
- Victory Christian Academy
- Winter Haven Christian School
Families may also choose to homeschool their children. Even if children with disabilities do not attend Polk County Public Schools, they're still eligible for special education services through the district.
Colleges and Universities
Polk County is home to both public and private colleges and universities. These include:
- Florida Polytechnic University
- Polk State College
- Southeastern University
- Florida Southern College
- Warner University
- Webber International University
Both public and private colleges and universities have fewer legal requirements for supporting students with disabilities when compared to K-12 public schools. While these schools cannot engage in discrimination based on a student's disability, they have more leeway in what services and accommodations they offer.
Before enrolling in a college or university, students with disabilities should learn more about the school's resources and services. Florida Southern College's Office of Disability Services provides an example of the type of services and support students can expect in their postsecondary education.
Relevant Federal Laws
The Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA) establish disability rights and protection in the United States. These laws establish the minimum that a school must do, and schools may offer programs or protection above and beyond what federal law requires.
The ADA is perhaps the most famous of the three laws. Its reach extends far beyond education. The ADA covers all Americans, and all businesses, buildings, and organizations open to the public. Schools that do not fall under Section 504 or IDEA may still have to follow the ADA.
IDEA
IDEA applies only to K-12 students and public schools. While private or charter schools may have policies or procedures similar to those set out in IDEA and similar Florida laws, these policies often do not have the backing of federal or state law.
IDEA applies only to public schools but to all K-12 students. Children, including preschoolers, do not have to attend their local public school to receive support. For students in the Lakeland-Winter Haven area, even if they're homeschooled or attend a private or charter school, they can still receive special education support and services from Polk County Public Schools' Exceptional Student Education Department.
IDEA establishes Individualized Education Plans (IEPs). These written documents, created in collaboration between school staff and families, are a guide for the services, support, and accommodations a school will provide to a student. Once agreed upon, they become legally binding.
Section 504
The third law, Section 504, is the oldest of the three laws. It established 504 Plans, a precursor to IEPs.
K-12 students who do not qualify for support under IDEA may qualify under Section 504's less restrictive requirements. College students may also rely on Section 504 to help them obtain the services and support they require. Section 504 applies to both the classroom and extracurricular activities.
What is a Disability?
Students must meet the law's definition of disability to qualify for support. While the ADA and Section 504 use the same definition of disability, IDEA uses a more restrictive definition.
Under the ADA and Section 504, a student has a disability when they:
- Have an impairment, either physical or mental, that substantially limits at least one major life activity
- Have a record of an impairment or
- Are regarded as having such an impairment.
IDEA uses categories of disabilities. In Florida, students must fall into one of the following categories:
- Autism Spectrum Disorder (ASD)
- Deaf or Hard-of-Hearing (DHH)
- Ages Birth to 9 Years Old
- Birth Through Two Years Old
- Established Conditions (EC): Ages Birth Through 2 Years Old
- Developmentally Delayed (DD): Ages Birth Through 2 Years Old
- Ages Three through Nine Years
- Developmentally Delayed (DD): Ages 3 to 9 Years Old
- Dual-Sensory Impairment (DSI): Deaf-Blind
- Emotional/Behavioral Disability (E/BD)
- Gifted
- Homebound or Hospitalized (HH)
- Intellectual Disability (InD)
- Language Impairment (LI)
- Other Health Impairment (OHI)
- Orthopedic Impairment (OI)
- Specific Learning Disability (SLD)
- Speech Impairment (SI)
- Traumatic Brain Injury (TBI)
- Visual Impairment (VI)
This disability must also affect a student's education for a student to qualify for an IEP.
A student or their family cannot simply state that they have a disability. The student must go through an evaluation and/or submit medical records or a letter from a medical professional to qualify for support.
FAPE, LRE, and Reasonable Accommodations
While disability rights use several terms and acronyms, three are worth mentioning here. They are frequently used and have meanings that may not be immediately obvious.
FAPE
In the United States, all children have the right to a free appropriate public education (FAPE). For students with disabilities, FAPE includes access to special education services. FAPE refers to the K-12 years. Once a student graduates from high school, they do not have a right to a free or public education. That does not mean, however, that a college or university can discriminate against a student because of that student's disability.
LRE
Least Restrictive Environment (LRE) means including students in the general school community, including classrooms, as much as possible. The majority of students with disabilities spend most of their time in general education classrooms.
The exception to LRE is when a student would benefit from a different placement or requires more specialized support. Schools may also consider a student's placement in a general education classroom against the burden it would place on a teacher and other students. If, for example, a student's placement in a classroom would interfere with another student's access to a free appropriate public education, a school may deny that placement.
Reasonable Accommodations
Schools do not have to supply students with all possible accommodations. Neither do they have to provide students with the newest or most expensive accommodation. A school does not have to provide accommodation simply because a student wants that accommodation.
What schools must do is provide reasonable accommodations. This means accommodations that are effective and appropriate for the situation. That a more effective alternative exists does not mean a school has to provide it.
Another factor to consider for reasonable accommodation is the burden it places on the school or others. Similar to LRE, if an accommodation would place an undue burden on the school or another member of the school community, a school may deny that accommodation. For example, an accommodation with a high price tag could be rejected because of the financial burden it would place on the school.
Florida: New Laws and Staffing Shortages
Florida currently faces a statewide teaching shortage. A report from the Florida Department of Education explains how this shortage affects students and includes the teaching areas with the highest numbers of shortages. The subjects with the most vacancies are:
- English
- Exceptional Student Education (ESE)
- Science-General
- Reading
- English for Speakers of Other Languages (ESOL)
- Math
- Science-Physical
The report also states that the state is not currently educating enough teachers to keep up with demand or fill shortages.
What this means for students is the potential for larger class sizes and/or instructors who don't meet the qualifications necessary for the job. The report found that, in Florida as a whole, instructors without the proper credentials teach 8 percent of public school classes and 13 percent of charter school classes.
Florida has also made several changes to its education code in recent years. These changes are ongoing. One important revision for students with disabilities is the addition of new criteria and assessments for students with disabilities.
Polk County anticipated another of the revisions, this one a change to school start times. The district revised its school start times in early 2019.
Protect Your Education
A disability does not have to derail your education. When schools fail to provide the support and services a student requires as part of their education, students and families have options for addressing the problem.
If you're facing discrimination related to your disability as part of your education, contact the Lento Law Firm. Our Education Law Team will help you understand your options and how to find a resolution that keeps your goals on track. Contact us online or at 888-535-3686.
