Since 1970, the Orlando-Kissimmee-Sanford area has increased its population by an average of 25 percent each decade. One of the biggest downsides of this type of population growth is its effect on local schools.
For students, this type of rapid increase in population can increase school overcrowding. A 2021 report found that at least 50 schools in Orange County were over capacity. While school districts are building schools, recent population growth has quickly outpaced the schools.
Windermere High School provides a good example of this problem. Windermere was built to address overcrowding and first opened its doors for the 2017-2018 school year. By Spring 2020, the school was at 154 percent capacity.
In March 2023, the Osceola County School District announced redistricting plans to address overcrowding. The school district also has plans to build more schools.
For current students, especially those with disabilities, overcrowding can affect their education. While Florida does have a cap on classroom size, this increase in enrollment, coupled with a growing teacher shortage, has left students to contend with overcrowded classrooms and teachers who are not certified in their subjects. In addition, the state has made several changes to its education laws in recent years.
For students, these challenges may present challenges to receiving the best possible education. Families may feel they simply need to accept the current programs as a part of the school experience. By being proactive, however, parents and guardians can protect their student's education and give their students every opportunity to use their education as a springboard to their future goals. In some cases, parents and guardians may wish to recruit the services of outside help, such as the team at the Lento Law Firm.
The Orlando-Kissimmee-Sanford, FL Area
Perhaps most famous for its theme parks, the region is a top global tourist destination. Informally referred to as Central Florida, the region's three major metropolitan areas are Orlando, Kissimmee, and Sanford. The region includes urban schools, master-planned communities such as Celebration, and unincorporated areas.
The counties of the region include:
- Lake
- Orange
- Osceola
- Seminole
As mentioned above, the area has seen a significant increase in population over the last half-century. The 2020 Pandemic increased the pace of growth for the Central Florida region. Between 2020 and 2022, Osceola County saw an 8 percent increase in population. Lake posted an over 6 percent increase while Orange and Seminole Counties saw only one-percent increases. In the case of Orange, part of this lack of growth is due to the county already being crowded due to Orlando.
Education in Central Florida
The region is home to four public school districts and the nation's largest four-year public university.
The K-12 school districts include:
- Lake County Schools
- Orange County Public Schools
- School District of Osceola County
- Seminole County School District
In addition to elementary, middle, and high schools, districts may have special programs and schools. Seminole has six special centers, while Osceola operates two alternative schools.
The region has one public four-year university, the University of Central Florida. By enrollment, U.C.F. is the largest school in the United States. Other schools in the area include Rollins College, Valencia College, and the law schools for Barry University and Florida A&M.
Federal Law
Just as the Orlando-Kissimmee-Sanford, FL, has grown over the last half-century, so has federal protection for students with disabilities. Three federal laws, The Americans with Disabilities Act (A.D.A.), the Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act of 1973, combine to provide rights, services, and support for students with disabilities.
The A.D.A. covers all Americans, not just students. IDEA applies only to K-12 students in public schools, although K-12 private schools, as well as colleges and universities, may apply some of its provisions to their students. Even if a private school or college, or university has a policy similar to IDEA, families should be aware these policies do not have the backing of federal law.
For K-12 students with disabilities who do not attend their local public school under IDEA, they are still entitled to services and support from their local school district. Families should contact their local school district to find out more about the services the district can provide to their students.
Key Federal Terms
For families of students with disabilities, there are four key terms to know: F.A.P.E., L.R.E., I.E.P., and reasonable accommodations. Although IDEA, the A.D.A., and Section 504 cover hundreds of pages, these four terms are the most important to know when discussing the services and support your child needs.
Under federal law, all children are entitled to a free appropriate public education (F.A.P.E.). For students with disabilities, this includes the services and support they require to participate in their school and complete their education.
Students with disabilities should be part of the general school community, including classrooms, as much as possible. The term used for this policy is least restrictive environment (L.R.E.). L.R.E. should be based on the individual student and what is best for them. For some students, attendance at specialized schools may be more beneficial than participation in a general classroom. Other students may do well in a general education classroom with the assistance of an aide.
Reasonable accommodations mean that schools do not have to provide students with all possible accommodations, only those that are reasonable. Financial considerations and the burden an accommodation will place on the rest of the school community are two of the factors involved. Given the state's current staffing shortages in schools (see below), families of students with disabilities should be aware that lack of staff could be a consideration when determining accommodations.
IDEA requires that schools provide all students with disabilities with an Individualized Education Program (I.E.P.). These plans are a roadmap of what support and services a student needs. It should also include a student's goals and be revised annually.
Florida Law
As of 2023, the Florida legislature has passed several changes to education law in the state. These changes and revisions may seem overwhelming to parents and guardians, especially as many will be implemented over several years.
These changing laws are one reason why families can benefit from hiring an experienced legal team such as the Lento Law Firm. We keep up-to-date on changes to the law and can help you understand how these changes may affect your student.
Some of the recent changes include:
- Shifting school start times for middle schools and high schools, a move that some critics say could cost school districts millions of dollars
- Banned seclusion in schools and limiting restraint
- New criteria and assessment for students with disabilities
- Beginning in 2020, the use of the B.E.S.T. Academic Standards
Parents and guardians should remember that federal law established a baseline. Neither Florida nor a school district can pass a law or policy that reduces a student's rights under federal law.
Teacher Shortages
In addition to school overcrowding, Florida faces a shortage of teachers. A 2022-2023 report from the Florida Department of Education provides more detail into what this shortage means for students. The report highlighted the seven areas with the most shortages, which are:
- English
- Exceptional Student Education (E.S.E.)
- Science-General
- Reading
- English for Speakers of Other Languages (ESOL)
- Math
- Science-Physical
The state defines a shortage as a high level of vacancies existing and that teachers not certified in a subject are leading classes. Data also indicates Florida colleges and universities are not producing enough teaching graduates to meet demand.
A lack of qualified instructors can result in students being taught by teachers who are not certified in that specific subject. Overall, about 10 percent of instructors not certified in a given subject are teaching classes. Public schools do fare better than charter schools in this regard: 8 percent of public school classes versus 13 percent of charter school classes are taught by teachers with the proper credentials.
The 2023 report states that over 44 percent of elementary school teachers are not certified in that specialty. For elementary education, for example, the state had 751 current vacancies for the 2021-2022 school year, with almost 2,200 projected vacancies. This is in addition to approximately 400 projected vacancies in pre-K education. In some cases, school districts are canceling extracurricular classes due to a lack of qualified instructors.
Insufficient Number of New Teachers
New teaching graduates are not likely to provide sufficient support. While the projected shortage of teachers certified in English-language instruction was over 600 for the 2021-2022 school year, approximately 100 future teachers were graduating from Florida colleges and universities with those credentials.
Overall, the state expected approximately 3,300 graduates in teaching versus over 9,000 vacancies. Of these vacancies, about 1,500 are in the Central Florida region. One commonly cited problem with the teaching shortage is the low starting salary. In 2023, the starting salary for a teacher in Orlando was almost $7,000 less than what is needed to afford a two-bedroom rental in the area.
Addressing the Teacher Shortage
The good news for students in Orange County Public Schools is that, in August 2022, the county voted to extend its one-mill property tax. This tax alone provides schools in the county with approximately 10 percent of their operating budget. This tax enabled the school district to hire over 1,100 teachers and continue to offer its popular art programs.
In addition, in January 2023, the University of Central Florida announced a new program designed to increase the number of teachers trained in special education in the state. Funded by federal grants, the program, Project CENTRAL: Connecting Enhanced Networks to Reach All Learners, is intended to last until 2027.
What Does a Teacher Shortage Mean for My Student?
Families may be understandably concerned about the negative impact these shortages, coupled with increasing enrollment at Central Florida schools, can have on their students. The 2023 report from the Florida Department of Education indicates that schools in lower-income areas tend to have more teaching vacancies and a higher likelihood of non-certified instructors.
While efforts such as Project Central are beneficial for long-term planning, they don't address current students. Parents and guardians should ensure their students are in classes taught by instructors with the proper credentials. Being proactive is key, whether that means arranging meetings with school staff or finding alternative education options. Be mindful that teachers are under increased stress.
The downside of teacher stress is that research indicates they are more likely to turn to disciplinary action, including suspension and expulsion. If your student is facing disciplinary action, you should inquire about the classroom and details about the teacher, including their certification and their teaching load. In some cases, your student may be facing unfair or out-of-proportion disciplinary action as a result of the combination of school overcrowding and teaching shortages.
Early Education and Students with Disabilities
Two groups that can be especially disadvantaged by staffing shortages and overcrowding are younger students and those with disabilities. These two groups are more likely to experience behavioral issues.
Early childhood education has been hit especially hard by these shortages. These early education programs tend to be more hands-on, given the age of students and the fact that younger children are more dependent on adults and caregivers.
For students with disabilities, these shortages may deprive them of needed support and services. While school districts have an obligation to provide these services under both federal and state law, these reasonable accommodations are difficult to meet when a school lacks needed personnel. For students with disabilities, parents should discuss how staffing shortages may affect a student's I.E.P. Parents, and guardians may wish to include language in their student's I.E.P. that addresses how the school will provide services even with a staffing shortage.
Protect Your Student's Right to an Education Now
School-aged children don't benefit from programs five years in the future. They need the proper support and education now. While families can provide support outside of school, your child deserves the best possible education. If your school district is failing to provide your child with the education they deserve, you may wish to solicit outside help.
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.
