The Individuals with Disabilities Education Act ensures that children with disabilities receive a free and appropriate public education. In Florida, schools must follow specific guidelines to meet the educational needs of students with disabilities.
However, violations of IDEA can still occur, leaving students without the support they need. Recognizing these violations and taking steps to address them is an important part of protecting your child’s educational rights.
Recognizing IDEA violations
One common violation involves not providing the services outlined in a child’s Individualized Education Program. If a school fails to deliver services such as speech therapy, occupational therapy or counseling, it could violate IDEA. Parents and guardians should monitor whether these services are being provided consistently and at the level promised in the IEP.
Another violation occurs when schools delay or refuse to evaluate a child for special education eligibility. Schools must conduct timely evaluations once there is a reasonable cause to believe that a child has a disability. If there are delays or refusals, there could be a breach of IDEA’s required timelines.
Exclusionary disciplinary practices can also be an issue. IDEA requires schools to consider whether there is a link between a child’s behavior and their disability before taking disciplinary action. If the school suspends or expels a child without this consideration, the school may be in violation.
Addressing IDEA violations
Parents or guardians who believe a violation has occurred can start by documenting all related issues. This includes keeping a record of meetings, communications with school staff and any discrepancies between the IEP and the services provided.
The next step involves formally addressing concerns with the school. Parents can request an IEP meeting to discuss the issue and seek clarification. If this does not resolve the problem, filing a written complaint with the Florida Department of Education is an option. The department will investigate the claim and may require corrective actions.
If necessary, requesting mediation is another way to resolve disputes. This process brings parents and the school together to reach an agreement about the child’s services.
The most important thing is to remain informed and proactive by any means necessary. Use the options and processes available to you to help ensure that your child’s rights under IDEA are fully upheld.