In the United States, there are two foundational laws protecting the rights of students with disabilities: The Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). The ADA and IDEA require that schools (particularly K-12) follow certain guidelines in how they treat and support students with disabilities.
While these laws are federal — and thus apply to every public elementary, middle, and high school across America — that doesn't prevent states and school districts from instituting further requirements. Parents of students with disabilities living in Brevard County, Florida (also known as the Palm Bay-Melbourne-Titusville metro area) should be aware of any local laws in addition to the ADA and IDEA. It should also be noted that private schools have the autonomy to establish their own policies and aren't usually beholden to federal mandates.
Schools rarely self-report their failures to provide students with adequate disability accommodations. In general, the parents of students with disabilities are the ones who must speak up if they see their child lacking support.
If you find yourself in a similar situation, do not hesitate to contact the Education Law Team at the Lento Law Firm. Our experienced attorneys are ready and willing to advocate on behalf of students with disabilities in the Palm Bay-Melbourne-Titusville metro area. For a consultation, call us today at 888-535-3686 or fill out our online contact form.
Palm Bay-Melbourne-Titusville Metro Area
The Lento Law Firm assists students with disabilities and their parents across the entirety of Brevard County, including:
- Bonaventure
- Cape Canaveral
- Cocoa
- Cocoa Beach
- Indian Harbour Beach
- Malabar
- Melbourne
- Merritt Island
- Palm Bay
- Palm Shores
- Pineda
- Port St. John
- Rockledge
- Satellite Beach
- Sharpes
- Suntree
- Titusville
- Viera
- West Melbourne
While many metropolitan areas throughout the United States are comprised of dozens of smaller school districts, the Palm Bay-Melbourne-Titusville metro public schools are all part of Brevard Public Schools, based in Viera. It's the 49th largest district in the country and home to over 74,300 students annually. An estimated 17% (around 12,600) of these students are living with at least one disability.
It stands to reason that a school district with a high number of students with disabilities would be familiar with the requirements surrounding their educational needs. However, it is equally possible that individual students get lost in the shuffle. If your child attends a school in Brevard County and their reasonable disability accommodations are not being met, reach out to the Lento Law Firm's Education Law Team for legal assistance.
Colleges and Universities in Brevard County, FL
Brevard County is also home to numerous institutions of higher learning. Most high schools also offer continuing education courses through the Florida State University System. Colleges and universities include:
- Barry University
- Eastern Florida State College — Melbourne, Titusville, Cocoa, and Palm Bay campuses
- Embry-Riddle Aeronautical University
- Florida Institute of Technology
- Florida Solar Energy Center
- Keiser University
- University of Central Florida — Cocoa Branch
- Webster University
Federal laws like IDEA and FAPE are mostly designed to help students in grades K-12. College administrators are not required to develop and monitor Individualized Education Programs, nor are they required to involve the students' parents in any sort of decision-making about educational choices.
Still, that does not mean that post-secondary schools are immune to national discrimination laws surrounding students with disabilities. A university's admission standards, housing, and class scheduling must not be made inaccessible for those with disabilities. An institution of higher learning is not necessarily mandated to go out of its way to make special accommodations for students, but depending on the circumstance, it may be in violation of the ADA.
If you are a college student with disabilities (or their parents) and are unsure about whether your school's actions violate your rights, the Lento Law Firm would love to hear the details of your case and advise you on a path moving forward.
Understanding Federal Laws Relevant to Students with Disabilities
Students with disabilities who attend a public school in the Palm Bay-Melbourne-Titusville area have protected rights under a number of federal laws. What are those rights? Let's look a bit deeper.
ADA, IDEA, and Section 504 of the Rehabilitation Act of 1973
The most relevant federal statutes for students with disabilities are the ADA, IDEA, and Section 504 of the Rehabilitation Act of 1973. These work in tandem to provide publicly funded schools with a roadmap for how they must treat disability in an educational setting. To put it simply, public schools in the United States must provide students with the support and accommodations they need to obtain an education equivalent to able-bodied students.
Disabilities, as defined under federal law, can be physical, cognitive, or emotional. Under IDEA, there are thirteen categories considered to be disabilities:
- Specific Learning Disability (SLD). The most common disability qualification. Affects reading, writing, speaking, and more (e.g., dyslexia).
- Other health impairments. Conditions that limit a child's energy or alertness (such as ADHD).
- Autism Spectrum Disorder (ASD). Developmental disability that affects social and communication skills.
- Emotional disturbance. Mental health disorders (including anxiety, depression, OCD, bipolar disorder, and schizophrenia).
- Speech or language impairment. Anything that affects a child's ability to express themself verbally or understand language (such as a stutter).
- Visual impairment. Eyesight problems, such as blindness or partial sight that, cannot be corrected by glasses or contacts.
- Deafness. Children who cannot hear, even with the use of a hearing implant or aid.
- Hearing impairment. Hearing loss or difficulty hearing that is significant but doesn't rise to the level of deafness.
- Deaf-blindness. Total or severe loss of both vision and hearing. It's an important distinction because the resources for these students differ greatly from those who suffer from blindness or deafness alone.
- Orthopedic impairment. Disabilities that impact physical function (i.e., cerebral palsy).
- Intellectual disability. Covers students with lower-than-average intellectual ability, including Down syndrome. Intellectual disabilities are not always apparent based on physical appearance.
- Traumatic brain injury. A child would qualify under this disability if they had suffered a serious accident that impacted their brain activity.
- Multiple disabilities. While this may seem redundant as its own category, the truth of the matter is that students with more than one category of disability may find accommodations harder to come by.
As a parent, it's important to know how the school district designates your student's disability because it determines which resources must be made available to them. The best way to protect your student is to be aware of every statute and program Congress has established for students with disabilities.
Free Appropriate Public Education (FAPE)
FAPE enshrines the right of every child in the United States to have a free appropriate public education. IDEA aims to provide students with disabilities the tools they need to have educational success. FAPE is the section that guarantees them access in the first place.
The key word is “free.” The honest truth is that having a child with a disability is not cheap. If parents were responsible for every dollar that their student's education would require throughout their K 12 years, many would not be able to afford it. FAPE allows these students to have a seat at the table.
Individualized Education Programs (IEPs)
IEPs are the mechanism that IDEA has introduced to ensure students with disabilities are hitting the benchmarks they need to in order to progress through school. Many people are involved with the creation of each IEP, including school district administrators, special education experts, teachers, the student's parents, and sometimes even the student themselves.
The goal of an IEP is to set attainable educational goals for a student with disabilities and to provide clear steps describing how the school district will help the student meet these goals.
Reasonable Accommodations
While FAPE states that public schools must make special accommodations for students with disabilities, it comes with a caveat: they must only provide support that they themselves deem “reasonable.” This is often in reference to finances. A school may claim it is too expensive (and therefore unreasonable) to install multiple elevators inside the school so that a student who uses a wheelchair can access a class on the upper level. Instead, a reasonable accommodation may be to relocate the class to a room on the ground level, therefore providing the student with similar access in a less cost-prohibitive way.
Least Restrictive Environment (LRE)
LRE refers to the general idea that students are better off learning in an educational setting surrounded by their peers. This means that, whenever possible, a school must place a student with disabilities in general classrooms. In many cases, this can be accomplished quite easily with no adverse effects on the learning environment of any student in the classroom.
However, FAPE cuts both ways. If a student with disabilities becomes too much of a distraction in a general classroom that it impacts the ability of able-bodied students to learn, other accommodations will need to be made. This may include special education classrooms or even alternative schools.
“Least restrictive environment” and “reasonable accommodations” are rather vague terms that can become a sticking point between parents and school administrators. If you are a parent of a student with disabilities who disagrees with school administrators on what is best for your child, do not hesitate to contact the Education Law Team at the Lento Law Firm. We have experience in these matters and can provide legal counsel to parents at any point during the IEP process.
Exceptional Student Education (ESE)
The way the state of Florida has chosen to implement the federal policies found in the ADA and IDEA is through a statute called Exceptional Student Education. Public school districts must follow ESE procedures in order to receive state and federal funding.
In addition to further cementing IDEA policies (as listed above), ESE requires that school districts have written policies in regard to using restraint and seclusion against students with disabilities (with an emphasis placed on reducing the frequency of such instances). While the policies may vary by district and individual schools, ESE requires parents to be notified of any restraint or seclusion of their child within three school days.
ESE also details the procedural safeguards that allow a parent to take issue with the education being provided to their student. These safeguards generally mirror those in IDEA (i.e., filing complaints, mediation, hearings, etc). Ultimately, the success rate for parents utilizing these safeguards depends on your attorney's familiarity with these types of cases.
If you find yourself in a disagreement with school representatives over your child's IEP, do not make the mistake of tackling the issue on your own. School districts aren't always quick to admit fault and reverse course. The longer your child is in the educational limbo created by an IEP conflict, the longer it will take them to get back into a positive learning routine. Your willingness to fix the problem will go a long way toward helping your child become the student they are capable of being.
Students with disabilities already face enough hurdles in Brevard County. Hire the Education Law Team at the Lento Law Firm to handle your case and get you and your student the resolution you deserve.
The Lento Law Firm Is Your Student's Advocate
Even though federal and state laws are in place to protect students with disabilities, these laws are only as good as their enforcement. Issues can arise at any time, and schools in the Palm Bay-Melbourne-Titusville metro are no exception. To ensure your child gets the public education they are entitled to, you should be aware of all federal, state, and local laws that pertain to your student.
In the event that there is a problem, experienced education lawyers will make a satisfactory resolution much more likely. The Lento Law Firm's nationwide Education Law Team guides students with disabilities and their parents through their educational disputes. We are familiar with the policies of Brevard Public Schools and would be happy to discuss your options with you. Contact us today at 888-535-3686 or by filling out our automated form.
