Greater Orlando is home to some of the best school districts in the state of Florida, including Seminole County Public Schools in Sanford, Orange County Public Schools in Orlando, and Lake County Schools in Tavares. These districts serve a huge number of students in Central Florida—Orange County Public Schools (OCPS) alone is home to 276 schools and over 200,000 students. As in every school district, many of the students in the Greater Orlando region require special education services.
Unfortunately, the educational needs of special education students aren't always met by the school district—despite the legal requirements to do so.
Every child has the right to a free public education in this country, and it is the responsibility of the school district to make whatever accommodations are needed to ensure each child's educational needs are met. When a district fails to meet a student's needs, that district is violating that student's rights. Should that happen, there are legal options available to that student's parents and guardians in order to ensure their child gets the education they deserve.
If your child's special education needs aren't being met by a school in Greater Orlando or Central Florida, the Lento Law Firm Education Law Team is ready to help. Call us today at 888-535-3686 or contact us online for a confidential consultation to learn about your options.
What is Special Education?
The federal definition of special education is “specially designed instruction, at no cost to parents, to meet the unique needs of a child with a disability.”
In the United States, special education students make up about 15% of the entire student population, totaling millions of students. Special education services provide accommodations for students with sight or hearing impairments, emotional instability, autism, intellectual disabilities, and other conditions that require adaptive learning support. The need for special education support has no correlation to a student's intelligence—in fact, many students can be both “gifted” and in need of special education services. Special education is designed simply to meet the needs of students who learn differently, providing the support these students need to succeed.
Who Qualifies for Special Education in Greater Orlando School Districts?
A student must qualify as having a disability in order to receive special education services. Two main federal guidelines dictate how schools in the Greater Orlando area determine whether or not a student has a disability: Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA). IDEA is a federal law, while Section 504 is a civil rights statute.
Most students qualify for special education under Section 504 of the Rehabilitation Act, which takes its definition of a disability from the Americans with Disabilities Act (ADA):
- A physical or mental impairment that substantially limits one or more major life activities of such individual;
- A record of such an impairment; or
- Being regarded as having such an impairment
Under Section 504, any disability essentially qualifies a student for special education services. IDEA, on the other hand, places stricter requirements around qualification by stating that a student's disability must impact their ability to learn. This creates a limited list of what actually qualifies a student for special education support.
In Florida, special education evaluations are conducted by the Florida Diagnostic and Learning Resources System Child Find service. Child Find is a service required by federal law, with jurisdiction over any individuals under the age of 21 who have not graduated from high school. But with so many children to serve, Child Find doesn't always make the right decisions.
If you believe your child might require special education services in a Greater Orlando or Central Florida school, you can request an assessment by the school district. Similarly, teachers and other school officials can refer students for evaluation based on in-class observations. In these instances, the student's parents or guardians have the right to decline the evaluation.
If a school in the Greater Orlando area has failed to provide a requested evaluation for special education services, failed to provide the educational support needed by your child, or if they have conducted a special education evaluation without your consent, the Lento Law Firm Education Law Team can help.
Understanding Special Education Terms and Acronyms
If you're the parent of a special education student, there are countless acronyms and specialized terms you'll want to be familiar with, especially if you're considering legal action on behalf of your child.
- Free Appropriate Public Education (FAPE): Section 504 of the Rehabilitation Act of 1973 states that students with disabilities have the same right to public education as any other student. In order for a school to receive public funding, it must comply with this requirement.
- Least Restrictive Environment (LRE): IDEA established the concept of LRE—placing students in settings where they can be their most successful. LRE accommodations range from specialized classrooms where a student can receive individualized attention to placement within a standard class.
- Reasonable Accommodations: Schools do not have to provide the latest or greatest accommodations to students—they simply have to provide accommodations that are effective. This can make a huge difference for schools with limited resources.
- Individualized Education Plan (IEP): A student's unique educational accommodations are detailed in their IEP. Schools are required to comply with the requirements of this plan.
Education Is a Right
Every student has the codified right to an education. If your child's school isn't meeting their legal obligations to educate your child, it's time to contact the Lento Law Firm.
Whether you're in Orlando, Kissimmee, Sanford, or anywhere else in Central Florida, our Education Law Team is ready to fight for the rights of your child and secure them the education to which they're entitled.
Ready to explore your options? Call us today at 888-535-3686 or connect with us online and start protecting your child's right to an education.
