All K-12 students have the right to an education. For students with disabilities, this right includes the special education services and accommodations they require to access their education. Whether or not a student receives effective support can mean the difference between success and struggle in school.
Students with disabilities have the right to go to school free of discrimination. Unfortunately, problems can pop up throughout their education. From schools declining to assess a student for a potential disability to failing to provide proper accommodations, students with disabilities can face numerous roadblocks.
If you reside in Miami, Fort Lauderdale, West Palm Beach, or surrounding areas, the Education Law Team at the Lento Law Firm is here to help with issues related to disability rights in education. Every student deserves to reach their full potential in school. Call us at 888-535-3686 or fill out an online form.
Special Education Laws and Policies
Students with disabilities have the right to attend school free from discrimination. Their rights are protected and established through federal law, Florida law, and school district policy.
All schools in the Miami and Fort Lauderdale areas must meet the same requirements under federal and Texas laws. What can change is that different school districts may have different policies as well as provide different services and support.
Federal Laws
For K-12 students with disabilities, three federal laws are the basis for disability rights in education. They are:
- The Individuals in Education Act (IDEA)
- The Americans with Disability Act (ADA)
- Section 504 of the Rehabilitation Act of 1973 (Section 504)
IDEA, ADA, and Section 504, along with other federal laws, all play an important role in both establishing and protecting a student's right to an education but also their right to an education free of discrimination. They also establish minimum levels of services and support for students with disabilities.
For K-12 students, the law they and their parents will likely hear about the most is IDEA. Some of the requirements under IDEA:
- School districts must assess and evaluate all children and teenagers with potential disabilities who reside within the district's boundaries
- When a student has an eligible disability, schools must create an Individualized Education Plan (IEP), which is a written plan of what services a student receives
- School districts must provide effective, reasonable accommodations
- School districts must provide these services to all children, even those who don't attend public school or are too young to attend
- Schools and communities must have early intervention and transitional programs beyond the K-12 years
If a student doesn't qualify under IDEA, they may have a qualifying disability under Section 504 and will have a 504 Plan. One quirk with 504 Plans is they aren't required to be in writing. As a precaution, parents and guardians should ask the 504 Plan be in writing as a way to decrease confusion or misunderstandings about accommodations.
Florida Law and Services
The Florida Department of Education's Bureau of Exceptional Education and Student Services (ESE) oversees programs and services for students with disabilities. Many schools have adopted similar terminology. For example, Miami-Dade County Public Schools' Office of Educational Services & Exceptional Student Education oversees special education for that district.
The department manages statewide programs and dispute resolution and coordinates with other agencies in the state to provide an array of programs and services for students with disabilities. ESE also includes a list of what qualifies as an eligible disability in Florida.
Florida provides families with the following dispute resolution options:
- Facilitated IEP meeting
- Mediation
- State complaints
- Due process hearings
Families may choose to proceed with a dispute resolution option when a school isn't meeting a legal obligation, or they are unable to reach an agreement with a school. In the latter case, families should generally try to exhaust informal resolution options first. ESE encourages less formal options as it can generally lead to a quicker resolution, which can benefit a student, and sometimes be less adversarial.
Unfortunately, there are times when the less formal avenues don't work. Schools may be unwilling to work with families. In these situations, the Education Law Team at the Lento Law Firm can help families understand their dispute resolution options.
State-Funded School
The Florida School for the Deaf and the Blind (FSDB) is a state-funded school located in Saint Augustine. The school has a residential campus for K-12 students as well as statewide programs that begin at the infant stage.
FSDB has in-person outreach programs and online programs to connect with students and families throughout the state. Many of these programs, including the Parent Infant Program, are free.
School District Policies and Services
The Miami area is home to three primary school districts:
- The Miami-Dade County Public Schools
- Broward County Schools
- The School District of Palm Beach County
Each district must follow federal and Florida laws. What policies a school district enacts and what services they offer can vary.
One way school districts can vary widely is in what services they offer. Neither federal nor state law requires specific accommodations. To meet the legal standard, accommodations simply have to be effective and reasonable.
A school doesn't have to provide a student with the most expensive, newest, or most effective accommodations. It doesn't even have to provide the same accommodations as a neighboring school district. A district may be better at supporting one disability than another.
Examples of some of the programs available in the Miami area:
- Miami-Dade offers a pre-kindergarten program for students with disabilities and the Thena Crowder Early Childhood Diagnostic Special Education.
- Districts in the region have partnered with groups such as Florida Diagnostic Learning Resources System (FDLRS) and Florida Inclusion Network (FIN) to strengthen resources for students and families
Parents and guardians should keep in mind that more important than how a district ranks is whether a district provides the individualized support their student requires. Disabilities aren't a uniform condition. Even two students with the same disability may need different support to succeed in school.
Getting Help
The Education Law Team at the Lento Law Firm has one office in Florida. Located in Saint Augustine, our team assists families throughout the state with issues related to special education.
From schools denying assessments of potential disabilities to ineffective accommodations and formal dispute resolutions, we help our clients with any number of issues. We focus on finding education-centered solutions that keep the focus on your student's future.
Where you are in the process, the Education Law Team at the Lento Law Firm can help.
Protect Your Student's Education
Every K-12 student in Florida has the right to a public education. For students with disabilities, this right includes access to effective special education services and accommodations. These supports aren't a luxury but a requirement.
Even with federal and Florida laws, schools unfortunately continue to discriminate against students with disabilities. A school may fail to consider how a student's disability factors into misconduct. A school may not provide your student with agreed-upon accommodations.
If a school is infringing on your student's right to an education, contact the Education Law Team at the Lento Law Firm. Call us at 888-535-3686 or fill out an online form.
