Raising a child with special education needs brings unique joys—and unique challenges. As education attorneys in Florida, we understand that parents simply want what every parent wants: for their child to learn, thrive, and reach their full potential.
When a disability affects your child’s ability to participate fully in school, you need someone in your corner to ensure the law is followed and your child receives the support they are entitled to. That is where we come in.
We are Biello & Soowal, PLLC, and we are proud to stand beside Florida families navigating the complexities of special education law. Whether you are just beginning the process of seeking services or are deep in a dispute with a school district, we are here to help. Our mission is simple: to make sure your child’s educational rights are protected and their future remains bright.
The Legal Foundation of Special Education in Florida
The foundation of special education law is built on federal and state statutes. The most important law at the federal level is the Individuals with Disabilities Education Act (IDEA), which ensures that students with disabilities have access to a Free Appropriate Public Education (FAPE). This means that schools must provide services tailored to each child’s unique needs at no cost to families.
In Florida, the implementation of IDEA is governed in part by Florida Statutes § 1003.57, which mandates that school districts identify, evaluate, and serve students with exceptional needs. The law covers a broad range of disabilities—from learning disabilities and emotional disturbances to autism spectrum disorders, ADHD, and physical impairments.
Other federal laws also protect students with disabilities. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability and ensures that students who do not qualify for an IEP under IDEA can still receive necessary accommodations. The Americans with Disabilities Act (ADA) adds another layer of protection, ensuring equal access and non-discrimination in all public education programs.
Understanding the Individualized Education Program (IEP)
An IEP is the cornerstone of special education under IDEA. It is a legal document created for each eligible student that outlines their present levels of performance, annual goals, necessary accommodations, and the specific special education services they will receive. In Florida, school districts are required to evaluate students within 60 days of parental consent and to develop the IEP within 30 days of eligibility determination.
The IEP team typically includes the child’s parents, at least one of their regular education teachers, a special education teacher, a district representative, and sometimes specialists or therapists. As Florida special education lawyers, we often assist parents in preparing for these meetings to ensure their voice is heard and their child’s needs are prioritized.
An IEP is reviewed annually, but parents can request a meeting at any time if they believe their child’s plan is not being followed or their needs have changed. In our experience, early and proactive legal involvement helps ensure that schools remain compliant and students receive consistent support.
What If My Child Does Not Qualify for an IEP?
Some students with disabilities do not meet IDEA’s criteria but still need help. In these cases, Section 504 comes into play. A 504 plan is not as detailed as an IEP but provides accommodations and modifications to ensure the student can participate fully in school. Examples include extended test time, modified assignments, assistive technology, and preferential seating.
Florida schools are required to create 504 plans for eligible students. The process is usually less formal than the IEP process, but parents still have the right to participate and appeal if they disagree with the school’s decision. As education attorneys in Florida, we assist families in securing and enforcing truly effective 504 plans.
Common Issues Faced by Families
Parents often come to us feeling frustrated and overwhelmed by the special education process. Unfortunately, despite strong legal protections, schools do not always follow the law. Some of the most common issues we see include:
Delayed or denied evaluations: Florida law requires schools to evaluate suspected disabilities within specific timelines, yet many families wait far longer. This delay can have a lasting impact on a child’s development and academic progress.
Inaccurate eligibility determinations: Sometimes, schools deny services by claiming a student does not qualify, even when there is strong evidence of a disability. We help families appeal these decisions through state complaints, mediations, and due process hearings.
Inadequate IEPs: Some IEPs lack specific, measurable goals or fail to provide the services a student needs to succeed. Others are poorly implemented, with schools failing to follow through on their plans.
Discrimination or disciplinary action: Students with disabilities are disproportionately disciplined or removed from class. Florida law, consistent with federal law, requires a student’s behavior to be evaluated in the context of their disability before punitive action is taken.
Communication breakdowns: Many parents feel left out of the decision-making process. Schools are legally required to involve parents, and we ensure that the right is respected.
Early Intervention Can Change Everything
In many cases, getting help early makes a tremendous difference. Florida’s Child Find system requires schools to identify and evaluate students suspected of having disabilities as early as possible. This includes preschool-aged children, not just those already enrolled in school.
We encourage parents to speak up when they notice signs that their child is struggling academically, socially, or emotionally. Intervening early—before a child has experienced years of failure or frustration—can lead to much better long-term outcomes. If your concerns are being ignored, we will step in and demand accountability.
Your Rights as a Parent
Parents play a central role in the special education process. Under both IDEA and Florida law, you have the right to:
- Request an evaluation for your child at any time
- Participate in all meetings related to your child’s education
- Receive prior written notice before the school makes changes to your child’s program
- Review your child’s education records
- Disagree with decisions and pursue mediation or a due process hearing
- File complaints with the Florida Department of Education or the U.S. Department of Education Office for Civil Rights
As Florida special education lawyers, we empower parents to exercise these rights effectively. We do not allow school districts to push families into silence or accept less than their children deserve.
Stand Up for What’s Right in Education
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What We Do at Biello & Soowal, PLLC
We are more than lawyers—we are partners in your child’s success. Our role goes beyond the courtroom. We offer comprehensive legal support for families throughout Florida, including:
- Reviewing IEPs and 504 plans to identify legal weaknesses
- Preparing parents for school meetings
- Attending meetings to advocate on your behalf
- Appealing eligibility denials and inadequate services
- Representing families in due process hearings, mediations, and state complaints
- Advising on placement issues and extended school year services
- Addressing school discipline that may be discriminatory or unlawful
Our goal is to help you secure meaningful educational benefits for your child. Every case is different, but our commitment to your family never wavers.
Florida-Specific Data and Legal Context
According to the Florida Department of Education, approximately 15% of public school students receive special education services. That number includes children with speech and language impairments, autism, intellectual disabilities, and specific learning disorders such as dyslexia.
In 2023, the state’s Bureau of Exceptional Education and Student Services (BEESS) handled more than 1,000 formal complaints related to IEPs, evaluations, and disciplinary practices. These numbers highlight the ongoing need for legal support and enforcement in Florida’s school systems.
The Florida Administrative Code (Rule 6A-6.03311) outlines procedural safeguards for students and families, while Rule 6A-6.0331 details requirements for evaluations and eligibility decisions. We regularly reference these laws in our legal work to ensure school districts are held to the standards the law requires.
We Believe in Educational Equity
Education is not a privilege—it is a right. That belief drives every action we take as a law firm. No child should be denied access to a quality education simply because they learn differently. No parent should have to fight alone to get their child the help they need.
We fight for equity in education by advocating for those who are too often overlooked. We understand how overwhelming the system can be, especially when you are already managing the demands of raising a child with special needs. Let us carry some of that weight for you.
When to Contact a Florida Special Education Lawyer
You do not have to wait for a problem to escalate before contacting an education attorney in Florida. Early legal guidance can prevent conflict, resolve misunderstandings, and ensure smoother collaboration with school personnel.
Reach out to us if:
- Your child is struggling in school, and you suspect a disability
- The school refuses to evaluate your child
- Your child was evaluated but found ineligible despite ongoing challenges
- You disagree with the services or goals in your child’s IEP or 504 plan
- You believe your child’s IEP is not being followed
- Your child is facing repeated discipline or removal from class
- You feel ignored, unheard, or bullied by school staff
We offer consultations to discuss your situation and explore your legal options. Together, we can build a path that prioritizes your child’s future.
Frequently Asked Questions About Special Education Law in Florida
What is the difference between an IEP and a 504 Plan?
An Individualized Education Program (IEP) is a formal, legally binding document created under the Individuals with Disabilities Education Act (IDEA). It is designed for students who qualify for special education services and outlines their unique needs, goals, and services.
A 504 Plan, on the other hand, is created under Section 504 of the Rehabilitation Act and is intended for students with disabilities who do not qualify for an IEP but still require accommodations to access the general curriculum. Both are meant to provide support, but IEPs involve more comprehensive, specialized services.
How long does the school have to complete an evaluation after I request one?
In Florida, once you provide written consent for a special education evaluation, the school district has 60 school days (not calendar days) to complete the evaluation. After that, if your child is found eligible, an IEP must be developed within 30 days. If these timelines are not followed, you may have grounds to file a complaint or request legal intervention.
Can I bring a lawyer to an IEP meeting?
Yes, you have the right to bring a Florida special education lawyer, advocate, or any other representative to your child’s IEP meeting. Having legal representation can help ensure your concerns are taken seriously and that the IEP complies with all applicable legal requirements. We often attend these meetings to advocate for families and ensure the school remains accountable.
What are my options if I disagree with the school’s decision?
If you disagree with the school’s evaluation results, IEP services, or eligibility determination, you have several options. You may request mediation, file a state complaint with the Florida Department of Education, or initiate a due process hearing. We help families navigate each of these options depending on the nature and severity of the dispute.
Can a school discipline my child for behavior related to their disability?
Schools must follow specific procedures before disciplining a child with a disability. If a child is suspended or expelled for more than 10 days, the school must conduct a Manifestation Determination Review to assess whether the behavior was caused by or related to the child’s disability. If it was, the school must consider revising the IEP or placement instead of punishment. We can help ensure your child’s rights are protected during this process.
Call Us Today
At Biello & Soowal, PLLC, we proudly serve families across Florida. Our law firm is rooted in compassion, legal knowledge, and an unwavering commitment to justice. We know special education law is more than just statutes and procedures—it is about children, families, and futures.
Do not let your child’s needs go unmet. Contact us today to speak with a Florida special education lawyer who cares about your child as much as you do. We are ready to listen, act, and fight for your child’s needs.
