An IEP (Individualized Education Program) is a legally binding written plan created for students who qualify for special education services under IDEA. It includes individualized learning goals, specific services your child will receive (such as speech therapy, counseling, or extra classroom support), measurable objectives, and how progress will be tracked. IEPs must be reviewed and updated at least once per year, and parents are full members of the team that creates them.

A 504 Plan is governed by Section 504 of the Rehabilitation Act, a federal civil rights law. It protects students with disabilities from discrimination and ensures access to general education by providing accommodations, such as extra time on tests, preferential seating, or reduced homework, but does not include individualized instruction or specific learning goals. In Florida, 504 Plans are not required to be written or updated annually.

Both IEPs (Individualized Education Programs) and 504 Plans are designed to support students with disabilities, but they serve different purposes.

An IEP provides eligible students with access to special education services, tailored instruction, accommodations, and specific learning goals. IEPs must be written, reviewed annually, and include measurable objectives that align with the student’s unique needs.

A 504 Plan falls under a federal civil rights law that protects students with disabilities from discrimination. It ensures access to general education by removing barriers and offering accommodations—such as extra time on tests or seating changes—but does not include individualized instruction or learning goals. 504 Plans are not required to be written or updated annually.

Legal services organizations like FRLS can play a critical role in protecting a student’s rights when facing school discipline. Here’s how:

• Ensuring Due Process: Attorneys can make sure the school follows proper procedures before suspending or expelling a student, including providing notice and the opportunity to be heard.
• Challenging Unfair Discipline: If a suspension or expulsion is unjust or excessive, legal services organizations can help appeal the decision or request a hearing to present the student’s side.
• Preventing Discriminatory Practices: Legal services organizations can intervene if the discipline appears to be based on race, disability, or other protected factors, ensuring the student is not being unfairly targeted.

You have the right to receive written notice before any change of placement, attend and participate in all meetings about discipline, and to contest discipline decisions you believe are unfair or based on your child's disability.

If your child is facing discipline and you believe the school is not following the law, Florida Rural Legal Services, Inc. provides free legal assistance to qualifying families. Call 1-888-582-3410 to get started today.

According to Florida law, bullying or harassment of any student or employee of a public K-12 educational institution is prohibited.

Florida Statute 1006.147, also known as The Jeffrey Johnston Stand Up for All Students Act, requires school districts to adopt an official policy prohibiting bullying and harassment of students and staff on school grounds, at school-sponsored events, and through school computer networks.

Bullying includes cyberbullying and means systemically and chronically inflicting physical or psychological distress on one or more students may involve:

• Teasing
• Social exclusion
• Threat
• Intimidation
• Stalking
• Physical violence
• Theft
• Sexual, religious, or racial harassment
• Destruction of property

For more information visit: https://www.fldoe.org/safe-schools/bullying-prevention.stml

The McKinney-Vento Act covers students who lack a fixed, regular, and adequate nighttime residence. This includes children who are: staying in shelters or motels, couch-surfing with friends or relatives, living in cars or parks, or sharing housing due to economic hardship.

These rights include:

• RIGHT TO IMMEDIATE ENROLLMENT: Schools must enroll children immediately, even if they lack documents normally required for enrollment, such as proof of residency, school records, or immunization records.
• RIGHT TO SCHOOL OF ORIGIN: Children have the right to remain enrolled in their original school (the school they attended when they were last housed), even if they've moved to a different area.
• RIGHT TO TRANSPORTATION: Schools must provide transportation to the school of origin for homeless students.
• RIGHT TO COMPARABLE SERVICES: Students experiencing homelessness are entitled to the same services as other students, including free school meals, Title I services, and special education services.
• RIGHT TO PRIVACY: Schools cannot disclose a student's housing situation without consent.

For more information on the McKinney-Vento Homeless Assistance Act visit: https://www.ed.gov/media/document/mckinney-vento-homeless-assistance-act-109539.pdf

EL students are entitled to appropriate language assistance services to become proficient in English and to participate equally in the standard instructional program within a reasonable period of time.

To avoid inappropriately identifying EL students as students with disabilities because of their limited English proficiency, EL students must be evaluated in an appropriate language based on the student’s needs and language skills.

For more information on English Language Learners visit: Student Achievement Through Language Acquisition (SALA)

FAPE — Free Appropriate Public Education — is the central concept of the federal Individuals with Disabilities Education Act (IDEA). Every eligible student with a disability has the right to receive an education that is:

FREE: At no cost to the family. While the district may ask your insurance to contribute, this is your choice as the parent.

APPROPRIATE: Not the best possible education — but one that is right for your child and that helps your child learn. "Appropriate" is determined based on your child's unique needs, through the IEP process.

PUBLIC: Provided by the public school system.

EDUCATION: Including all services and supports necessary for your child to access and benefit from schooling.

FAPE is the legal standard against which everything in special education is measured. If your child is not making meaningful progress, if their IEP goals are not being implemented, or if they are not receiving the services outlined in their IEP — the school may not be providing FAPE. This is grounds for legal action.