Individualized Education Plans in Florida

Under federal law, all students with disabilities must receive an Individualized Education Plan (or IEP) from their school district. If your student requires more support from their school in this way, they should have a protected right to an IEP if they are:

• A K-12 student
• With disabilities or special needs
• Residing within a specific school district's boundaries

Moreover, schools should not assess fees from students for providing IEPs or related services — such as the time and resources required to put together the IEP.

While IEP processes are generally dictated by federal law, each state in the nation has its own ways of defining IEP program aspects or even additional services to support your child.

To make sure that your child's education team creates an accurate, truly helpful IEP (and implements it well), it's in your family's best interest to retain the premier services of the Education Defense Team at the Lento Law Firm. We are passionate about advocating for child and parent rights in education — and partnering with you to protect your young student's bright future.

Establishing Foundations: What is an IEP in the State of Florida?

The IDEA, or the Individuals with Disabilities Education Act, is a United States Law that aims to ensure students with disabilities get a free and appropriate public education.

The IEP is a component of IDEA. Under IDEA, each student's IEP explains their individualized plan for their free, appropriate public education — including the specific services, support, and type of instruction that student needs in order to thrive.

When a student receives an officially-diagnosed disability and registers to attend the public school connected to their place of residence, representatives from the school district will meet with the student's parents to create the student's IEP. Every year afterward, the student's team of educators will meet to revise and update the IEP, if needed.

The IEP will include specific sections to provide guidance for children from the time of their diagnosis or entry into school through high school graduation. These sections include:

• A basic overview of your student's information
• Any assessments or evaluations that your student has undergone, or an overview of your student's performance and skills
• Your student's specific, measurable goals (which are tailored to their needs and abilities)
• The services and special education support systems your student may need (which may include accommodations, assistive technology, and learning modifications)
• A section detailing the level to which your student will participate in general education classes, as well as the support systems your student will need to do that
• A transition plan, or a plan with explicit plans to help your student transition from their K-12 environment and education with their IEP to their post-secondary educational, employment, or independent living plans
• A detailed plan to monitor and evaluate your student's progress toward their goals
• Any further support systems your child may need (e.g., services and instruction that extend beyond the regular school year)

Does Florida Have Further IEP Requirements (Beyond Those Included Under Federal Law)?

Aside from the above generally-required sections under federal law, Florida school districts are required to include additional information and resources in their IEPs. There are also additional processes for IEP implementation, which are intended to supplement the federal guidelines of IDEA.

The additional Floridian IEP requirements include the following:

1. Developmental milestones. In Florida, students' IEPs must include a roadmap of a student's expected developmental milestones and how the school and parents will work together to ensure the student reaches each one.
2. A description of parental involvement. While it's usually recommended for parents to be involved in IEP ideation, in Florida, schools are required to provide opportunities for parents to help develop, review, and revise their student's IEP.
3. A behavior intervention plan. The state of Florida recommends that Florida IEPs include plans for addressing unhelpful behaviors or student behaviors that interfere with either their own learning or that of their peers.
4. Florida-specific assessments. In Florida, student IEPs must specifically address the student assessments required in Florida (such as the Florida Standards Assessments), as well as any accommodations the students will need in order to take these assessments.

What About Emergency IEPs for Florida Students?

Each Florida student's IEP should also include plans for what should happen if an emergency occurs.

“Emergency” can mean anything from the support your child will need if an in-school emergency happens to the services your family will require if something happens to close your school.

Typically, these types of emergencies can include:

• Floods
• Fires
• Impassable roads
• Epidemics or pandemics
• Transportation strikes
• War
• Other major safety hazards
• Other states of emergency

Depending on the level of support your student requires, your IEP emergency plan should include specific instructions and details regarding the transition services, supplementary aids, special education, and support services your student will require. If your student's current IEP does not have this information included, make sure it does at your next IEP revision meeting.

Common Complications with the Florida IEP Creation and Implementation Process

So far, we've focused on the various guidelines the Florida state government and the federal government have in place to maximize the success of your IEP process.

In theory, following these guidelines should result in a good experience for you and your family.

Your real-life experience may be a little different. In our years of supporting Florida parents through the IEP creation and implementation process, we've noticed that parents often struggle with the following program complications:

1. Limited understanding (or even awareness) of the IEP process. As a parent, you may or may not have familiarity with the Florida Exceptional Student Education program, but that's okay: That's why you're reaching out to people who should know. It isn't always the case that school representatives are well-versed in parental rights, school obligations, the IEP evaluation process, or even the required components of an effective IEP. This can make it difficult for you to advocate for your child or rely on the people who should be helping you protect your student's future.
2. Difficulty accessing the evaluation and onboarding services you need. In order to qualify for an IEP in Florida, many school districts may require specific, timely evaluations or official diagnoses from a healthcare professional. If you delay in getting the right assessment or don't live in an area where there are available professionals to conduct the evaluations you need, you may have a harder time than necessary initiating your child's IEP process.
3. Barriers to effective communication between you and school personnel. To get your child the support you need, you'll have to communicate often with your school's representatives. This is far easier said than done. Many parents find school staff unresponsive or have a difficult time obtaining the information they need about their child's progress. It's common to feel excluded from vital decision-making discussions about your child's education.
4. Disagreements between you and your school district. And, of course, when you are able to communicate, that doesn't mean that you will always be perfectly aligned. You may disagree with your school district's representatives about the services your child needs, their placement in a specific program, or even over the identification of what your child needs in the first place. Resolving these arguments on your own, if such a resolution is possible, will be both emotionally challenging and time-consuming.
5. Inadequate IEP implementation. You and your school's representatives can write a fully-fleshed-out IEP, but it's another process entirely to make sure that the IEP you developed is the one your school actually puts into practice. After checking in on their child's progress later in the year, some parents do find that the education their child is getting isn't the one they agreed upon. This isn't always intentional on the part of your school: Sometimes, schools lack resources, don't have sufficient staff with relevant training, or can't monitor IEP implementation for other reasons. Still, it's something that you need to be aware of (and something you need to have a plan to fix, if applicable).

If these or other challenges arise surrounding your child's IEP and education, you need to know how to resolve these issues and work toward a more helpful school experience for your child.

There are resources and support systems available through your school and the Florida Department of Education, but having the unbiased, highly-experienced Education Defense Team from the Lento Law Firm at your side throughout your IEP experience will help you find a more successful outcome. We are passionate about empowering parents as they navigate the Florida IEP process and advocate for their child's needs.

What's At Stake for Your Student if IEP Creation and Implementation Goes Awry

IEPs are intended to create firm boundaries, expectations, goals, and processes surrounding your child's education.

They are immensely important for students with special needs. If your IEP is not sound or implemented well, your child could experience significant challenges. These challenges can include:

1. Academic issues. If your child's IEP is not designed or implemented well, they may not receive the specialized education, modifications, or accommodations they need to do well in school. This can result in lower grades or preventable poor academic experiences.
2. Limited access to the support systems they need. Without an effective IEP in place, your child may have a hard time qualifying for or accessing resources and support services (e.g., occupational therapy, counseling, assistive technology, or other interventions).
3. Obstacles impeding your child's social and emotional growth. Often, students with special needs require support systems to feel able or comfortable interacting and growing with their peers. If their IEP — as designed or as implemented — does not provide this support, your child may feel isolated, frustrated, or even inadequate. This can lead to a negative school experience, behavioral issues, or other issues later in life.
4. A lack of equal educational opportunities. One of the goals of an IEP is to ensure that students with disabilities have the same opportunities afforded their peers. If your student's IEP is not sound or well-implemented, your student may be denied the systems they need to enjoy a rich, equal, and helpful educational experience.
5. An overly difficult experience transitioning from an IEP. Your student's IEP should include specific plans to help your student transition from their K-12 experience to their post-school environment. Without detailed plans for this stage of your child's life, you may find that your student has a harder time than necessary navigating this important life transition.

You should be able to have a dialogue with your student's education team — which should include administrative professionals from your school as well as their teachers and any healthcare professionals on staff — to mitigate these risks. But protecting your child from these and other challenges can also be difficult and quite emotional. That's why you need to work collaboratively with your school's representatives, have a clear understanding of your rights, and be able to advocate for your child defensively when needed. That's a difficult task for anyone. That's why the Education Defense Team at the Lento Law Firm is ready to help.

An Overview of Florida's Exceptional Student Education Program: Stats, Costs, and More

In Florida, the statewide special education initiative is known as the Exceptional Student Education program. Through this program, schools and families should be able to access resources to support students with disabilities and help those students receive a free and appropriate public school education.

A 2020 report from the Florida Department of Education states that there are over 410,000 students in the Sunshine State who may be eligible for this type of service. (This number includes students with many different disabilities or learning challenges, ranging from physical limitations to speech and language impairments.) Providing resources to those students is costly, but the program is relatively well-funded: In one academic year, the state received over $22B from various funding sources. The federal government provides funding through IDEA, as well. The amount of funding or resources each school or even individual family may have access to depends wildly on the school's budget, location, population, the population of students with special needs, and several other factors.

This makes advocating for your family and your student extremely important. If your student requires services and support systems through Florida's ESE system, in theory, these resources do exist — but your own school or school district may have these resources in limited quantities. You need to make sure that there is a minimal amount of obstacles or red tape standing between yourself and making sure your student gets what they need to thrive. In 2021, the Department of Education discussed recently-issued recommendations concerning the access students with disabilities receive to a school's physical education program. Staying updated with recent legislative updates and even locally-specific ordinances can also make a big difference for you and your child.

What You Can Do as the Parent of a Floridian Special Needs Student

If you have a student with special needs or who will require additional support systems to enjoy full access to an adequate educational experience, there are many things you will need to do. These steps include:

1. Knowing your student's rights and your family's rights. You should familiarize yourself with the information included in IDEA, Florida's special education regulations, and the general processes involved with creating and implementing a helpful IEP. This guide should help, and if you require any further assistance understanding your family's protected rights, the Education Defense Team at the Lento Law Firm can help.
2. Collaborating strategically with your school. You will need to be proactive about establishing lines of communication with your student's teachers, your school's administration, and relevant healthcare professionals. You will need to attend IEP meetings, participate in IEP development, and assist with IEP implementation. You will also need to know productive ways to share information about your student's challenges and progress with your school without saying anything that may adversely affect your student's experience. The experienced Lento Law Firm Team can help you achieve this delicate balance.
3. Keeping records of everything that happens concerning your child's education. One of the first things that you will need if anything unwanted occurs to impede your student's access to a free, appropriate public education is organized records of your student's medical and educational history. Create digital and physical folders to store every piece of correspondence, progress report, IEP, evaluation, and medical document your child receives. This will also make working with the Lento Law Firm Team easier if you can provide organized information to help us understand how best to help you.

Here's Exactly How the Education Defense Team at the Lento Law Firm Can Help You

Our team has the detailed knowledge and specific experience you need to make the complex process of designing and implementing an IEP as streamlined as possible for you and your family. When you retain the dedicated Education Defense Team at the Lento Law Firm, we are ready to help you by:

1. Providing legal guidance, including our deep knowledge of the complex legal regulations surrounding IEPs and the Exceptional Student Education program in Florida
2. Reviewing your IEP and assisting with the development process, from helping you understand the different IEP creation steps to ensure that your IEP accurately reflects the needs of your child and your family
3. Advocating for your family's rights and providing representation throughout your interactions with your school district to help you make sure that you're able to communicate your concerns, negotiate strategically, and work towards the resolution of any issues that arise with the well-being of your family protected at all times
4. Monitoring for compliance with Florida's IEP regulations as you and your school develop and implement your student's IEP to help ensure that the services and accommodations you and your school agree upon represent what your student is due and assist with the way you address any situations in which your school does not comply with Florida state law
5. Assisting with the resolution of any disputes that arise between you and your school or school districts during the IEP design and implementation process, including helping you file complaints, navigate medication, prepare for and attend any due process hearings, or complete any other actions needed to support you as you work toward a satisfactory resolution.

In addition, you'll need help navigating all of these and other activities while being there for your child and the rest of your family. We know that this is a very personal subject — and one with very high stakes for the future of your family. That's why the Lento Law Firm Team is passionate about ensuring that Floridian parents and students are able to address IEP challenges effectively. If you require our services at any time through the IEP design and implementation process, whether your child has just received a diagnosis or you're bumping into IEP implementation challenges, our team is ready to provide needed support.

The Lento Law Firm Team Can Help You Protect Your Student's Rights

If your student goes to school in Florida and requires an IEP, you may be wondering about the best ways to ensure they get the education they deserve. (And the education that they are due under United States Law.)

As you're setting up your child's IEP, learning from experts in the field, and working with your school to make sure your student receives fair treatment and a great education, you need someone at your side who knows this field like the back of their hand.

You need the support of the Education Defense Team at the Lento Law Firm. We have specific experience helping families understand the laws surrounding IEPs and advocating for students and their rightful educations. Contact us today by calling 888.535.3686, or reach out online to learn more about the support we can offer you.