Every parent wants what's best for their children. And schools, as well intentioned as they might be, might not always be properly equipped to provide the right education that fits every student's needs. 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 the best education possible. That includes making sure institutions can provide reasonable accommodations to help special education students learn and that there are not unjustifiable disciplinary measures imposed on them if they cannot perform like other students can.
The Education Law Team at the Lento Law Firm will help you fight for your child if their disability rights are being challenged, and will help you make sure you know all you need to know to make sure your child gets the special education services they are entitled to and aren't subjected to unwarranted suspension, expulsion, or alternative placement. Contact the Lento Law Firm's Education Law Team today by calling 888.535.3686 or fill out our contact form, and we will get in touch with you.
What Does Special Education Mean?
Special education specifically refers to the education provided to students that, due to a physical and/or cognitive condition, have problems learning in the same way as their peers—whether that means they have issues learning at the same pace, or that they need extra support to complete the same curriculum. The state of Florida, which is part of the Tampa Bay area, refers to special education as “exceptional student education” (ESE).
Any student who qualifies is entitled to special resources from the school, including specific learning tools and, in some cases, even specialized schooling, to allow them to complete their studies. This is regulated in various state and federal laws that regulate the provision of special education. The most important ones are:
- Individuals with Disabilities Education Act (IDEA): Establishes that every student has the right to a free, appropriate, public education which includes access to special services.
- Americans with Disabilities Act (ADA): The ADA protects students from discrimination and sets the standards schools are required to follow in order to make reasonable accommodations for students with exceptional learning needs.
- Section 5 of the Rehabilitation Act of 1973: This Act gives students accommodations for their disability, even if they don't qualify for ESE under IDEA.
- Florida Statutes and State Board of Education Rules: Every state is required to put in place clear procedures to implement federal law and make sure eligible ESE students get the proper education.
Eligibility for Exceptional Student Education in the Tampa Bay Area
In Florida, and particularly in the Tampa Bay Area, which includes cities like Tampa Bay, St. Petersburg, and Clearwater, not all students are entitled to ESE, even if they have an impairment. Only those whose specific disability is defined in IDEA, or those who require teaching above the regular curriculum, may apply for ESE.
Though the conditions may vary slightly by school district, in general, students with the following conditions can apply:
- 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)
In order to determine your child's eligibility, you can request an evaluation by the school district. If your child is found to fulfill the criteria, the school district will then work with you to create an IEP (Individualized Education Program or Individualized Education Plan), which is developed by a specialist based on each child's strengths and weaknesses.
How the Lento Law Firm Can Help
In the best circumstances possible, people with good intentions will work with you to help you understand what your child needs and allow you to get them the education they deserve. But in order to get there, you need to not just understand the system, but to know how every step of the process works, from the specific laws in the Tampa Bay area, to the specific rules whether you are in Hillsborough County, Pinellas County, or Pasco County, to where to go if you want to get your child evaluated for an ESE.
All of these things are overwhelming even for someone who understands how the process works. And that's without taking into account the possibility that your child is accepted, gets an IEP, and you feel that the IEP is not working for them. What do you do next? What happens if your child is not getting the support he needs at the school, or if he's being discriminated or bullied because of his ESE status? How can you, as a parent, deal with all of these issues while still having to worry about your child's safety and wellbeing and your own responsibilities.
That's where the Lento Law Firm's Education Law Team comes in. Our job is to know every step of the process and fight for your child's rights, even before they are challenged. ESEs are constantly evolving, and we can advise you on what kind of services are available and explain the full range of options to you.
But we can also intervene if the school treats your child unfairly due to their complex needs, or if you have any concerns about the IEP. In fact, we can help you build an IEP that works for your child, and if needed, help you seek an IEP review and represent you if you have any concerns to discuss with the school district.
Similarly, we will be right by your side if your child is subject to unfair or disproportionate disciplinary action, something that is sadly very common in schools that do not understand how to handle ESE students. The Lento Law Firm's Education Law Team can hold the school accountable and make sure all rules of due process are being followed.
If you need help with your child's ESE placement in the Tampa Bay are, the Lento Law Firm's Education Law Team can help. Contact us today by calling 888.535.3686 or fill out our contact form and we will get in touch with you to schedule a consultation.
