Every parent wants what's best for their children. If you have a child with unique or complex learning needs, then it's important that you know what options are available to ensure they get a fair education. Every child in a US state deserves a free public education – and your child is no exception. Below, our Education Law Team explains how you might access special education services and how an attorney can help if you're unsure where to get support.
If you need more specific information regarding special education and your child, reach out to us for a consultation. Call us at 888.535.3686 to discuss your case.
What Does Special Education Mean?
“Special education” covers students who, due to a physical and/or cognitive condition, don't learn the same way as their peers. They may be unable to learn at the same pace as other students, or they simply need extra support to complete the same curriculum.
These students are entitled to special resources, such as learning tools or even separate schooling, to help them complete their studies. In Florida, we refer to special education as “exceptional student education” (ESE). Florida's Bureau of Exceptional Education and Student Services delivers services for eligible students – we'll explore eligibility below.
Exceptional Student Education Law in Florida
There are various state and federal laws that regulate state provision of special education. The most significant laws are as follows.
- Individuals with Disabilities Education Act (IDEA): Under IDEA, every student has the right to a free, appropriate, public education which includes access to special services.
- Americans with Disabilities Act (ADA): The ADA obliges schools to make reasonable accommodations for students with exceptional learning needs. It protects students from discrimination.
- Section 5 of the Rehabilitation Act of 1973: This Act entitles students to certain accommodations for their disability, even if they don't qualify for ESE under IDEA.
- Florida Statutes and State Board of Education Rules: States are required to implement federal law and put in place clear procedures for delivering special education to eligible students. Florida's procedures may be found in the state's own education rules.
Key Terminology
There are some terms and abbreviations you will encounter when exploring ESE in Florida. While this is by no means an exhaustive list, here is a summary of the most common terms.
- Free appropriate public education (FAPE): The right of all students to access a free, public K12 education in line with their needs.
- Individualized education plan (IEP): This is your child's own personalized roadmap to an appropriate education. It sets out specific learning outcomes and what exceptional student services are required to help your child meet these goals.
- Reasonable accommodations: Every eligible student is entitled to “reasonable” accommodations to help them participate in a regular learning program. This could mean changing the student's curriculum or providing them with reasonable tools and aids to help them learn alongside their peers.
- Least restrictive environment: Also known as “inclusive” education, the least restrictive environment means keeping special needs children in the regular classroom where possible.
Eligibility for Exceptional Student Education
Not all students, even those with impairments, are entitled to ESE. You can only access ESE in Florida if you have a specific disability as defined in IDEA, or if the student is gifted and requires teaching above and beyond the regular curriculum.
Students with the following conditions may apply for ESE in Florida:
- Autism spectrum disorder (ASD)
- Blind or vision-impaired
- Certain orthopedic conditions
- Deaf or hearing impaired
- Developmental delays
- Dual sensory impairments (deaf/blind)
- Hospitalized or homebound
- Intellectual or specific learning disability
- Language impairment
- Speech impairment
- Traumatic brain injury (TBI)
Certain other conditions may also be eligible. The precise criteria vary by school district.
To determine your child's eligibility, you may request an evaluation by the school district. If they deem your child eligible, then they will work with you to create an IEP designed to meet their needs. This IEP should be reviewed regularly.
Types of Exceptional Student Services in Florida
ESE services vary by school district. However, the most common services include:
- Adaptive learning materials
- Assistive technology
- Counseling
- Specific curriculum changes
- Speech and language therapy
- Transportation support
A special education lawyer can help you access the full range of ESE services available in your school district.
Florida Exceptional Student Schools
Your child deserves every chance to succeed and grow. Where possible, this should be alongside their own peers in the least restrictive environment. However, it's sometimes best for a child to attend a school or program designed with their needs in mind.
There are many special schools in Florida. For example, the North Florida School of Special Education (NFSSE) caters to students aged between 6 and 22 with developmental or intellectual differences.
The focus is on nurturing each student's unique abilities and tailoring the curriculum to suit their own learning goals. There's also a graduate program for adults between 22 and 40, where students gain access to vocational training to help them thrive and live independently.
The Florida School for the Deaf and Blind supports students with more profound sensory issues who require special teaching methods. The school aims to build student's confidence, help them gain life skills, and support them as they become employable adults. Students benefit from Braille and American Sign Language (ASL) specialists, mobility and orientation specialists, and assistive technology.
A special education lawyer can help you discover what schools are available in your area and how to apply for tuition.
What Services Does My Child Need?
It can be challenging to determine what services your child requires, especially if you're new to the ESE system. However, here are some ways you might identify what services will be most helpful to your child.
- It's often best to start with the least restrictive measures first. These accommodations allow your child to learn and socialize alongside their peers. These skills will stand your child in good stead as they move into adulthood.
- You should feel comfortable asking your child's IEP team for suggestions as to which services your child should apply for. After all, the team should be there to help, but if you're unhappy with their recommendations, then you can always request a further review.
- Ask your child how they feel that they learn best. It's crucial that they engage with the learning process and the tools provided, so give them a voice in the process.
- Consult the Lento Law Firm. Not only can they explain your child's rights and how to enforce them, but they can help you apply for the services your child needs.
As the child's parent, you play a key role in determining what services will benefit them. And as the child matures, they can play an active role in shaping their own education. What's most important is that you review your child's IEP regularly to ensure that it suits their evolving educational and behavioral needs.
What if My Child Does Not Get the Support They Need?
The most common issues that parents encounter when seeking exceptional educational services are:
- A failure of the school district to recognize the child's disability; and
- A refusal to approve an accommodation.
Eligibility for ESE Refused
Your child must have a qualifying disability under the State Board of Education Rules to receive ESE in Florida. They must also require special services or instruction.
In other words, it's not enough that they have a qualifying disability if this disability has no measurable impact on their ability to complete the regular curriculum. But if a school district denies your child access to ESE, they could still offer your child accommodations to help them learn more effectively.
If you're unhappy with the district's assessment of your child, then you can request a meeting with a representative from your local district's ESE office to discuss matters. If informal discussions are unhelpful, you can also request a due process hearing. At the hearing, an administrative law judge decides, based on the evidence presented, as to whether the child requires ESE.
Although you don't need legal representation, you should not attempt to represent yourself at any due process hearing. The procedures are complex, and there's a significant amount at stake for your child. Our Florida special education lawyers are standing by, ready to help.
Reasonable Accommodation Refused
Schools may deny an accommodation if it's disproportionate, meaning it's unduly onerous on the wider school community, or there are more cost-effective ways to provide your child with the necessary support. Schools are only required to make reasonable accommodations. They are not obliged to meet every request, particularly for very expensive modifications which could impact the wider student body.
The appeals process is similar if a school district denies an accommodation you request. You can discuss matters with the local ESE office or request a hearing to determine the outcome. Again, it's best to get legal advice before entering any appeals process with a school district.
Suspension and Dismissals
Many students with special needs also have behavioral issues. These must be considered when deciding how to support the child and help them grow. However, schools always have the right to suspend or dismiss a child, regardless of their disability status, if the student:
- Brings a firearm to school.
- Sells drugs on school property.
- Inflicts serious bodily harm on a student or staff member.
Whether or not the behavior is a manifestation of your child's disability, you must act quickly. Contact the Lento Law Firm now to discuss your options.
Why You Should Contact Florida Special Education Lawyers
You may assume that there's no need for you to call a lawyer when you're facing a special education matter in Florida. There are, however, various reasons why discussing your concerns with an attorney may be helpful.
- Special education services are constantly evolving. An education attorney understands what services are available and will explain the full range of options to you.
- There's always a chance that a school district may treat your child unfairly due to their more complex needs. If you have any worries, an attorney can review the situation and determine if there are discrimination concerns.
- Florida special education lawyers can help you and your child build a satisfactory IEP. They'll ensure you understand how to seek an IEP review, and they'll represent you if you have concerns to discuss with the school district.
- Special needs students may be subject to unfair or disproportionate disciplinary action. This is especially common if a school does not understand how best to manage the student. An attorney will hold schools accountable and uphold the rules of due process.
Exceptional student education lawyers exist to help families just like yours. If you have a question or a concern, however small it may seem, don't attempt to handle matters alone. It's always best to seek legal advice sooner rather than later.
Special Education Lawyers in Florida
Your child has the right to receive the support they need to ensure they can access a free, suitable public education. This support includes appropriate special education services tailored to their unique requirements. However, when you're trying to determine what's best for your child, it's not always easy to identify which services they will benefit from or how to access suitable accommodations.
That's where the Lento Law Firm can help. Our Education Law Team has the experience and knowledge to help you navigate the complexities of special education in Florida as efficiently as possible. We will ensure you understand your child's rights, and we will help you make informed, empowered decisions on their behalf. And if you have concerns about discrimination or a lack of special needs accommodations, we can explain your legal options.
Let us support you as you shape your child's future. To discuss your concerns, contact our Florida special education lawyers at 888.535.3686 or leave us a message online, and we will respond promptly.
