When Nathan Soowal founded Bilello & Soowal, PLLC, the vision was clear: to be a steadfast advocate for students and families when educational rights are at stake. Our experience in education law is built on years of navigating complex statutes, confronting school district resistance, and achieving positive outcomes for children with disabilities.
We have seen how the start of a school year can set the tone for a child’s success or struggle. That is why we focus on ensuring every eligible student receives the support and legal protections guaranteed under federal and Florida law.
Back-to-school season is a pivotal time for families of students with disabilities. Questions arise: Will the school follow the law? Will accommodations be in place on day one? Will the right plan—whether under IDEA or Section 504—be ready and enforceable?
We guide families through the legal framework and advocacy strategies that make the difference between an uncertain start and a confident one.
Understanding IDEA Rights for Students in Florida
The Individuals with Disabilities Education Act (IDEA) guarantees that eligible children ages three through twenty-one receive a Free Appropriate Public Education (FAPE) in the least restrictive environment. This law applies nationwide, including in Florida.
According to the National Center for Education Statistics, 7.5 million students ages three through twenty-one received special education and related services under IDEA in the 2022–23 school year—approximately 15 percent of all public school students.
In Florida, the numbers reflect similar needs. IDEA outlines thirteen disability categories, from autism to speech impairments to other health impairments. To qualify, a student must meet the legal definition and require specialized instruction.
As a trusted special education attorney in Florida, we ensure that IDEA rights for students in Florida are protected from the first evaluation request to the last day of school. We oversee eligibility determinations, safeguard procedural protections, and hold districts accountable for providing the individualized education and services each student is entitled to receive.
Section 504 Plan Lawyer Florida: Legal Protections Beyond IDEA
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against individuals with disabilities in programs receiving federal funds. In schools, this means students with a physical or mental impairment that substantially limits one or more major life activities are protected, even if they do not qualify under IDEA.
A Section 504 plan provides accommodations designed to ensure equal access to education, not specialized instruction. Examples include extended time on tests, preferred seating, access to assistive technology, and health-related support. Florida public schools are required to comply with Section 504 and must provide procedural safeguards similar to those under IDEA.
As an experienced Section 504 plan lawyer in Florida, we assist with evaluations, eligibility decisions, plan development, and implementation. We intervene when accommodations are denied or ignored and ensure schools comply with federal obligations.
Comparing IDEA and Section 504: What Florida Families Need to Know
Eligibility Differences for Florida Students
IDEA serves students who fall into one of thirteen specific categories and who require specialized instruction. Section 504’s eligibility is broader, focusing on substantial limitations to major life activities regardless of whether the student needs specialized instruction.
Accommodations Versus Specialized Services
IDEA mandates individualized educational services and measurable goals. Section 504 focuses on accommodations that provide access to the same educational opportunities as peers.
Procedural Protections and Dispute Options
IDEA includes detailed procedural protections such as parental consent, independent evaluations, mediation, and due process hearings. Section 504 offers protections but with fewer formal requirements, and parents may file complaints with the Office for Civil Rights (OCR).
As a Florida IEP attorney, we manage every step of the IDEA process. As a student disability rights lawyer and a school discrimination lawyer in Florida, we ensure that Section 504 rights are equally respected.
Back-to-School Timing: Why Early Action Protects Students
When appropriate supports are absent at the start of the year, students may face academic setbacks, behavioral challenges, and emotional distress. A U.S. Department of Education report found that students served under IDEA accounted for 68 percent of seclusions and 76 percent of physical restraints in schools. These statistics highlight the critical importance of compliance from day one.
Proactive preparation ensures that accommodations and services are in place immediately, preventing disruption and protecting the student’s right to FAPE.
Our Legal Strategy for Protecting Student Disability Rights in Florida
Step One: Referral and Evaluation Support
The process begins with a referral for evaluation. As a special education attorney Florida, we draft effective requests that compel school districts to act. Evaluations must use multiple data sources including observations, academic records, medical documentation, and teacher input.
Step Two: Eligibility Meetings with Legal Guidance
We attend eligibility meetings with families to ensure fair consideration. For IDEA, an IEP team assesses whether the student meets the legal criteria. For Section 504, the team determines whether a substantial limitation exists. Our role as a Florida IEP attorney and student disability rights lawyer Florida is to protect the family’s voice and ensure accurate application of the law.
Step Three: Developing an Enforceable IEP or 504 Plan
An IEP or 504 plan must contain clear, enforceable provisions. We work to ensure that accommodations or services directly address the student’s needs, whether that is specialized reading instruction, technology supports, or testing accommodations.
Step Four: Implementation Oversight and Compliance Monitoring
Plans must be implemented consistently. We monitor compliance and address lapses immediately. If a school fails to follow the plan, we step in to enforce accountability.
Step Five: Dispute Resolution and Legal Remedies
When districts deny eligibility, refuse services, or fail to implement a plan, we guide families through mediation, due process hearings, and OCR complaints as necessary. As a school discrimination lawyer Florida, we are prepared to litigate when required.
Florida IEP Attorney Perspective: Statewide Trends and Statistics
Florida’s public school system serves over 2.7 million students. Roughly 1.5 percent receive services under Section 504, yet many more may qualify but remain unidentified. Under-identification is common for conditions like ADHD, dyslexia, and anxiety disorders.
Our experience shows that timely identification and proper plan development can prevent years of academic struggle. Whether pursuing an IEP under IDEA rights for students in Florida or securing accommodations through Section 504, our role is to ensure compliance and equity.
Real-World Accommodations Secured by a Student Disability Rights Lawyer Florida
Examples of accommodations and services we secure include:
- Extended test time
- Preferential classroom seating
- Scheduled breaks for sensory needs or medical reasons
- Assistive technology like text-to-speech software
- Modified assignments during medical episodes
- On-site nursing support
- Behavioral intervention plans
These measures are not optional favors—they are legal requirements when included in an IEP or 504 plan.
Frequently Asked Questions from Florida Families
Does a child need a medical diagnosis to qualify?
No. Schools must evaluate based on functional limitations, not just medical documentation. However, medical input can strengthen the case.
How long does the evaluation process take?
IDEA generally requires completion within 60 school days, though Florida does not have an explicit statutory timeframe. Section 504 timelines vary by district.
Can a student move from a 504 plan to an IEP?
Yes. If needs change, re-evaluation can determine whether IDEA eligibility applies. As a Florida IEP attorney, we manage these transitions.
What happens if school staffing changes mid-year?
Accommodations must remain in effect regardless of staff turnover or transfers. We recommend immediate plan reviews in such cases.
What if the school is not following the plan?
Families should document all issues, request meetings, and use formal complaint processes. We act swiftly to enforce compliance as a student disability rights lawyer Florida.
Why Families Choose Bilello & Soowal, PLLC for Education Law
We bring extensive knowledge of Florida education law, practical experience with school districts statewide, and unwavering dedication to protecting student rights. As a special education attorney Florida we offer:
- Strategic legal planning based on current Florida practices
- Advocacy tailored to the student’s individual profile
- Assertive enforcement when schools fail to comply
- Clear communication to empower families
Empowerment Through Legal Knowledge and Advocacy
Families who understand their rights under IDEA and Section 504 can navigate the school system with greater confidence. Whether the path is an IEP, a 504 plan, or both, our mission is to ensure every student begins the school year equipped for success.
Take Action with a Florida Education Law Firm Before the School Year Starts
The earlier the process begins, the stronger the outcome. Whether initiating a request for services or addressing compliance issues, we encourage immediate action.
Bilello & Soowal, PLLC, offers a free initial consultation to evaluate needs, outline options, and create an actionable plan. Our commitment is to stand beside families, ensuring the law works as intended to protect and empower students with disabilities in Florida.