Florida Special Education Law: IDEA, Section 504, and Due Process

Students with disabilities are protected by two overlapping sets of law. The federal Individuals with Disabilities Education Act (IDEA) and Florida’s exceptional student education (ESE) statutes entitle an eligible student to special instruction and services under an individual education plan (IEP). Section 504 of the Rehabilitation Act and the Americans with Disabilities Act prohibit discrimination on the basis of disability and can require accommodations for students who do not have an IEP. We handle matters under all of them, for schools and for families.

To discuss a special education matter anywhere in Florida, call us at 850-567-8445 or fill in the message form on this page.

Charter Schools and Private Schools

Charter schools are public schools, and their exemption from most of the education code does not reach the statutes on services to students with disabilities (section 1002.33(16)(a), Florida Statutes). We advise charter schools on ESE and Section 504 procedures, on the discipline of students with disabilities, and on responding to complaints and to investigations by the federal Office for Civil Rights (OCR). Private schools that enroll students on the Family Empowerment Scholarship for students with disabilities have different obligations, set by the scholarship statutes; see our School Choice Law page.

Due Process Hearings

A parent who disagrees with a school district about a student’s evaluation, eligibility, IEP, or placement may request a due process hearing. In Florida the hearing is conducted by an administrative law judge from the Division of Administrative Hearings, and the judge’s decision is final unless an aggrieved party brings a civil action (section 1003.57(1)(c), Florida Statutes).

Federal law sets the outer limits. A hearing generally must be requested within two years after the parent knew or should have known of the action complained of, and a civil action generally must be brought within 90 days after the judge’s decision (20 U.S.C. § 1415(f)(3)(C) and (i)(2)(B)). While the proceeding is pending, the student ordinarily stays in the current educational placement unless the parents and the district agree otherwise.

Discipline of Students with Disabilities

When a school decides to change the placement of a student with a disability because of a violation of the code of conduct, it must determine within 10 school days whether the conduct was a manifestation of the student’s disability (20 U.S.C. § 1415(k)(1)(E)). The answer changes what the school may do next, and it is a frequent source of disputes.

Attorney Fees in IDEA Cases

A court may award reasonable attorney’s fees to a parent who prevails in an IDEA case. In limited circumstances, such as a complaint that is frivolous or is brought for an improper purpose, fees may instead be awarded against the parent’s attorney or the parent (20 U.S.C. § 1415(i)(3)(B)).

Talk to Us About a Special Education Matter

Whether you are a school working to comply or a parent who believes a student is not being served, the time limits are short. You can call us at 850-567-8445, email us at Info@woodringlawfirm.com, or fill in the message form on this page.