If your child receives (or may need) special education services in a Florida public school, you have powerful legal rights. These rights are guaranteed under federal law (IDEA: the Individuals with Disabilities Education Act) and Florida state law, and they apply to every eligible family regardless of income or background.
Florida is home to approximately 445,698 public school students who receive Exceptional Student Education (ESE) services. Understanding your rights as a parent is the first step to making sure your child gets the education they deserve.
YOUR RIGHT TO NOTICE
Before the school district does anything related to your child's identification, evaluation, placement, or educational services, they must notify you in writing first. This is known as “Prior Written Notice.” This includes if they are starting, stopping, or changing services, OR if they are refusing to do any of those things. The written notice must explain: the action the district wants to take, their reasons, the information they used to make their decision, other options they considered, and where you can get help.
YOUR RIGHT TO CONSENT
You must give informed, written consent before the district can evaluate your child, start special education services, re-evaluate your child, use your insurance to pay for services, or release your child's information to other agencies. You can take back your consent in writing at any time.
YOUR RIGHT TO PARTICIPATE
You have the right to be invited to, speak at, and bring anyone, including an attorney or advocate, to every meeting about your child's education. Meetings must be scheduled at a time convenient for both you and school staff. You can request a video conference.
YOUR RIGHT TO FREE, APPROPRIATE PUBLIC EDUCATION (FAPE)
The most fundamental right in special education. FAPE means your child is entitled to an education that is free (at no cost to your family), appropriate (designed for your child's specific needs), and provided by the public school system. Everything in the special education system is ultimately aimed at providing FAPE.
YOUR RIGHT TO EVALUATE AND DISPUTE RESULTS
You can request that the district evaluate your child within 30 days. If you disagree with results, you can request an independent educational evaluation (IEE), paid for by the district. You can also disagree with decisions about eligibility, disability classification, services, frequency, placement, and more. If disputes cannot be resolved informally, you have the right to file legal complaints.
FREE HELP IS AVAILABLE
Florida Rural Legal Services, Inc. (FRLS) is a non-profit law firm providing free civil legal services to low-income families across 13 Florida counties. If you need help understanding or enforcing your special education rights, call 1-888-582-3410 or visit FRLS.org.