At Biello & Soowal, PLLC, we have built our reputation on standing up for Florida students and their families when their rights are compromised. One of the most pressing issues in Florida’s schools today is discrimination and harassment—two forces that can drastically disrupt a child’s education, self-esteem, and future.
These violations are harmful and illegal under state and federal law. Our role as a Florida special education lawyer and education attorney is to ensure that these protections are enforced.
Too often, students face barriers simply because of who they are—because of a disability, their race, their gender identity, or their family’s language or country of origin. These inequities take many forms, from denied services to outright bullying and institutional neglect. When schools fail to act, we step in.
What Is Discrimination in the School Setting?
Discrimination in schools occurs when a student is treated unfairly or differently due to legally protected characteristics. These may include:
- Disability
- Race or ethnicity
- Sex or gender identity
- Religion
- National origin
- Language
- Sexual orientation
Discriminatory practices may be overt, such as name-calling or physical exclusion, or more subtle, like denying accommodations to a student with a documented disability or disproportionately disciplining students of color. Either way, the effects are real—and often long-lasting.
As Florida special education lawyers, we have witnessed firsthand how these injustices manifest. A gifted student with dyslexia might be denied assistive technology. A non-native English speaker may be wrongly placed in special education. A child with autism may face repeated suspensions due to behaviors tied to their disability.
Harassment: When Schools Become Hostile Environments
Harassment goes beyond mere bullying. When it’s based on protected characteristics like disability or race and is severe, pervasive, and interferes with a student’s education, it becomes a civil rights issue. Under Florida law and federal law, schools have a duty to protect students from this kind of mistreatment.
Common forms of harassment in school include:
- Repeated name-calling or slurs
- Physical intimidation or assault
- Sexual harassment by peers or staff
- Online harassment (cyberbullying)
- Staff neglect or retaliation after reports are made
When a student with special needs is harassed and the school fails to act, the damage can be profound. We routinely assist families in holding districts accountable, including filing Office for Civil Rights (OCR) complaints, initiating due process hearings, or pursuing civil litigation if necessary.
Legal Protections for Florida Students
Several laws offer protection against discrimination and harassment in educational settings:
1. Florida Educational Equity Act (FEEA)
Florida Statute §1000.05 prohibits discrimination based on race, ethnicity, national origin, gender, disability, religion, or marital status in public K-20 education. It requires equal access to programs and services, regardless of a student’s background.
2. Section 504 of the Rehabilitation Act of 1973
This federal law bars discrimination based on disability in any program receiving federal financial assistance. It ensures that students with disabilities receive accommodations to access their education equitably.
3. Individuals with Disabilities Education Act (IDEA)
IDEA governs how states and schools provide early intervention, special education, and related services. It guarantees a Free Appropriate Public Education (FAPE) in the least restrictive environment for students with qualifying disabilities.
4. Title IX of the Education Amendments of 1972
Title IX protects students from sex-based discrimination, including sexual harassment and assault. This protection extends to gender identity and sexual orientation under current U.S. Department of Education interpretations.
5. Title VI of the Civil Rights Act of 1964
Title VI prohibits discrimination based on race, color, or national origin in any program receiving federal funding, including public schools.
As education attorneys in Florida, we help families understand how these protections apply to their child’s unique situation and guide them in enforcing their rights.
Discrimination in Special Education
The intersection between discrimination and special education is often overlooked, but it’s where many violations occur. Students with disabilities are among the most vulnerable to systemic inequities, including:
- Delayed or denied evaluations
- Inadequate Individualized Education Programs (IEPs)
- Untrained or hostile staff
- Disproportionate disciplinary measures
According to the U.S. Department of Education’s Civil Rights Data Collection, Black students with disabilities are more likely to face suspension than their white peers, even when exhibiting the same behaviors. In Florida, this trend is especially pronounced in urban districts.
In our practice, we often find that families are unaware of their right to request an evaluation, challenge an IEP, or file a complaint when services are inadequate. As a Florida special education lawyer, our job is to empower parents to advocate for their child, both inside and outside the school system.
Stand Up for What’s Right in Education
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Harassment of Students with Disabilities
Students with disabilities are two to three times more likely to be bullied than their non-disabled peers, according to data from the National Center for Education Statistics. In Florida, disability-based harassment is a growing concern. Emotional abuse, physical threats, and social exclusion are just some of the tactics that students face, often with little to no intervention by school staff.
The Florida Department of Education reports that students with emotional or behavioral disabilities are particularly vulnerable, and some districts have received formal complaints for failing to prevent harassment.
Under federal law, when harassment interferes with a student’s ability to access their education, it becomes a denial of FAPE under IDEA or a violation of Section 504. When this occurs, we help families initiate legal action to ensure the student receives appropriate protections and support.
Language Barriers and National Origin Discrimination
Another often-overlooked area of discrimination in Florida schools is the treatment of English language learners (ELLs) and immigrant students. Despite legal protections under Title VI, many students whose first language is not English experience barriers in instruction, communication, and participation in extracurricular activities.
Some are misidentified as having learning disabilities due to language-based assessments. Others are placed in inappropriate settings or denied interpreters and translated materials during meetings and evaluations.
We frequently represent families where language access has been denied, resulting in unjust academic setbacks or missed services. Schools are legally required to provide equal access regardless of language background, and we are committed to holding them accountable.
LGBTQ+ Discrimination and Harassment
Florida students who identify as LGBTQ+ face a heightened risk of harassment and discrimination, often without adequate response from school personnel. Title IX prohibits discrimination based on gender identity and sexual orientation, yet enforcement remains inconsistent.
In recent years, several Florida school districts have faced lawsuits for failing to protect LGBTQ+ students from peer bullying or for restricting their participation in gender-aligned activities.
We represent LGBTQ+ students in defending their rights to be safe, affirmed, and included in school settings. We also help families navigate both school-level remedies and state/federal legal claims when those rights are violated.
Educator Misconduct and Institutional Failures
Discrimination and harassment are not limited to student interactions. Some of the most severe harm comes from staff members themselves, whether through discriminatory discipline, sexual misconduct, verbal abuse, or neglect.
According to a 2023 statewide survey, 90% of Florida teachers reported experiencing verbal threats or aggression from students, while 65% of students had concerns about staff misconduct going unreported or unresolved. In schools where complaints are ignored, students suffer academically and emotionally.
As education attorneys in Florida, we assist families with filing formal complaints, initiating investigations, and pursuing disciplinary or legal action against negligent or abusive personnel.
What To Do If Your Child Is Facing Discrimination or Harassment
If your child is being mistreated in school, you do not need to navigate this alone. Here are the steps we typically recommend:
- Document everything. Keep a detailed log of incidents, including dates, names, and any communication with the school.
- Request written responses. Ask for copies of disciplinary referrals, reports, or school responses to complaints.
- Know your rights. You are entitled to review records, request meetings, and advocate for your child’s educational access.
- Request an IEP or 504 meeting. If your child has a disability and is experiencing mistreatment, use the team process to address support and safety measures.
- Consult with a qualified education attorney. Legal support can help you assert your rights more effectively and hold institutions accountable.
At Biello & Soowal, PLLC, we work closely with families to develop action plans tailored to each case. Whether confronting school officials, filing a complaint with the Department of Education’s Office for Civil Rights, or pursuing litigation, we are here to advocate for justice and dignity for your child.
Why Choose Biello & Soowal, PLLC?
We are more than lawyers—we are allies in your fight for fairness. With a deep understanding of both Florida and federal education law, we offer:
- Personalized legal strategies for students facing discrimination
- In-depth knowledge of special education rights and procedures
- A compassionate, family-centered approach to representation
- Strong, effective advocacy inside and outside the courtroom
As a trusted education attorney in Florida, we have helped countless families achieve meaningful change in their child’s education and well-being. We’re proud to stand beside parents, students, and communities in pursuing justice.
FAQ
How do I know if my child’s experience qualifies as discrimination?
Discrimination typically involves unfair treatment based on a legally protected characteristic, such as disability, race, gender, or language. It may be discrimination if the school is not addressing your concerns or if your child is denied access to services or activities.
What should I do if the school ignores my reports?
You have the right to escalate the issue if the school is unresponsive or dismissive. This may include filing a formal grievance, contacting the state Department of Education, or consulting with a Florida special education lawyer to pursue legal action.
Can a public school be sued for harassment?
Yes. If a school fails to take reasonable steps to prevent or address harassment, and the harassment interferes with your child’s right to an education, legal claims may be filed under federal or state law.
Does harassment have to be physical to be considered serious?
No. Harassment can be verbal, social, emotional, or digital. It qualifies as serious and potentially unlawful if it is severe, ongoing, and impacts your child’s learning ability.
Can I request my child be moved to another classroom or school?
Yes. Under certain circumstances, especially if your child has a disability or has experienced confirmed harassment, school districts may be obligated to consider alternative placements for safety and educational access.
Will my child face retaliation if I file a complaint?
Retaliation is illegal. If it occurs, it may form the basis of an additional legal claim. We help families monitor and respond to any retaliatory behavior following complaints.
Understanding Your Rights When Facing Discrimination and Harassment
If your child is experiencing discrimination or harassment in Florida schools, we are ready to help. Contact Biello & Soowal, PLLC today to speak with a Florida special education lawyer who understands your rights and will fight for the dignity your family deserves.
