Letter: Protecting the educational and civil rights of students with disabilities
Letter to the editor
For many reasons, I need to preserve the confidentiality of certain aspects of my journey as a parent of a child with special needs whose rights were violated, as I described in my letter published on October 5th. However, I hope you will allow me to share vital information I have been gathering — information that could help families begin their journey as advocates, not only for their own children, but for every child whose educational or civil rights have been compromised or harmed.
As parents of children with disabilities, we often face an overwhelming and sometimes confrontational school environment. However, federal laws offer strong protections that many families — and even school staff — do not fully understand. Knowledge is power, and it is crucial for ensuring that a child receives the dignity, support, and education they are legally entitled to.
Parents Have the Right to Appropriate School Placement Under IDEA
Under the Individuals with Disabilities Education Act (IDEA), placement must be based on a child’s individual needs, not on zoning, staffing, or district preference (20 U.S.C. §1400 et seq.; 34 C.F.R. Part 300). The IEP — not convenience — must guide the decision.
When moving between grade levels, a child’s ESE teacher typically recommends the most appropriate program. If the program is outside the zoned school, IDEA clearly requires the district to approve the placement and provide transportation (20 U.S.C. §1401(26)(A); 34 C.F.R. §300.34).
If the appropriate ESE program is only available at a non-zoned school, federal law requires the district to provide transportation. Any statement to the contrary is misinformation.
You Have the Right to Bring Anyone to the IEP Meeting.
IDEA guarantees parents the right to bring any person, especially those with “knowledge or special expertise regarding the child,” to an IEP meeting. (34 C.F.R. §300.321(a)(6)). This may include:
- Advocates
- Therapists
- BCBAs
- ABA clinicians
- Family members
- Case managers
Organizations like UFCARD can also help families understand the IEP and manage updates or revisions.
Behavior, Discipline, and Disability Protections
One of the most critical protections under federal law involves how schools discipline students with disabilities. Under the Individuals with Disabilities Education Act (IDEA), a school cannot impose long-term suspensions, expulsions, or repeated removals when the child’s disability causes the behavior or when the school has failed to implement the IEP (20 U.S.C. §1415(k); 34 C.F.R. §§300.530–300.536).
Yet, many families across our community report disciplinary actions that clearly contradict these federal safeguards.
Common Violations Parents are Reporting
In multiple cases I have reviewed or been made aware of through advocacy efforts, students with disabilities have been:
- Suspended without a legally required Manifestation Determination Review (MDR),
- Disciplined without reviewing or updating an existing Behavior Intervention Plan (BIP),
- Moved between classrooms or settings without proper IEP team decisions,
- Transitioned between schools (e.g., middle to high) without a transition IEP meeting,
- Placed in inappropriate instructional environments contrary to their IEP — such as being assigned to six different general classrooms when the IEP clearly required one or two structured access-point classrooms,
- Punished for behaviors that arose directly from the lack of services or proper placement,
- Disciplined for behavior that resulted from the school’s failure to provide the accommodations, structure, and supports documented in their IEP.
These patterns are not minor procedural oversights; they are violations of federal law.
What IDEA Requires Before Any Long-Term Discipline
IDEA mandates that schools:
- Conduct a Manifestation Determination Review (MDR) when suspensions exceed 10 days or form a pattern,
- Determine whether the behavior was caused by the disability or by the school’s failure to implement the IEP,
- If the behavior is a manifestation of disability or IEP failure:
- Stop the long-term removal,
- Return the student to the IEP placement,
- Conduct or update a Functional Behavioral Assessment (FBA),
- And revise the Behavior Intervention Plan (BIP).
Failing to follow these procedures violates IDEA, Section 504, and the ADA.
When Schools Ignore IDEA, it Becomes Discrimination
Across cases I have examined, schools have sometimes punished students for disability-related behaviors that occurred because proper services, staffing, or placement were not provided.
Under federal law, this is not simply mishandling — it is discrimination.
- Section 504 prohibits denying a student equal access because of disability (29 U.S.C. §794; 34 C.F.R. §104.4).
- ADA Title II prohibits discriminatory discipline and retaliation (42 U.S.C. §12132; 28 C.F.R. §35.130, §35.134).
Repeated suspensions without necessary supports can constitute a civil rights violation, which is why many families file complaints with the U.S. Department of Education’s Office for Civil Rights (OCR) and the U.S. Department of Justice’s Civil Rights Division.
What Should Happen Instead:
Schools must:
- Hold transition IEP meetings when a student moves between school levels or immediately after the school year begins if there were changes in placement.
- Place students in the precise instructional setting specified in their IEP.
- Ensure BIPs and FBAs are up-to-date and customized to the child.
- Train staff working with students with disabilities,
- Review discipline in the context of disability-based behaviors.
- Prevent disciplinary removals caused by improper placement or lack of services. “When services are denied, and disability-related behaviors are punished, it is not discipline — it is discrimination.”
Why Parents Must Know This
These violations are more common than most people realize. When schools fail to follow federal law, families have the right to file formal complaints with the Florida Department of Education (for IDEA implementation issues) and with federal agencies for civil rights concerns. Being aware of these protections can prevent years of harm.
Civil Rights Violations: When and How to File Federal Complaints
When a child’s IDEA, ADA, or Section 504 rights are violated — and the evidence is strong and well-documented — parents have the right to file federal civil rights complaints. These complaints protect not only your child but also future students who may face similar issues or violations.
U.S. Department of Education – Office for Civil Rights (OCR)
OCR acknowledges receipt within 7 to 10 days, assigns a case number, and provides a projected timeline if the investigation is opened.
- To file an OCR complaint, find the form in the following link: https://ocrcas.ed.gov/.
- How to file a complaint, visit: https://www.ed.gov/sites/ed/files/about/offices/list/ocr/docs/howto.pdf
I recommend filing via Certified Mail with a return receipt.
The OCR leadership includes:
- Kimberly Richey, Assistant Secretary, Office for Civil Rights
- Kirsten Baesler, Assistant Secretary, Elementary & Secondary Education
- Dr. David Barker, Assistant Secretary, Postsecondary Education
- Mary Christina Riley, Assistant Secretary, Legislation & Congressional Affairs.
U. S. Department of Justice – Civil Rights Division
For disability discrimination, harassment, or retaliation, parents may file a complaint with the DOJ concurrently with OCR.
- To file a DOJ Civil Rights complaint, visit https://civilrights.justice.gov/report/
The corresponding Assistant Attorney General is Harmeet K. Dhillon.
Florida Department of Education. — Florida Bureau of Exceptional Education and Student Services.
The following link directs you to a form that any individual or organization can fill out to file a formal state complaint with the Florida Department of Education. This form is used when there are allegations that a school district or the state has violated a student with a disability’s educational rights. The form can be submitted online, by fax, or by mail. I recommend sending it via certified mail with a return receipt, along with all attachments and documents that parents consider to be evidence of the violation. https://www.fldoe.org/core/fileparse.php/7675/urlt/statecomplaint-beess.pdf
Important Note About the Florida Department of Education (FLDOE)
The FLDOE strictly enforces IDEA implementation through its state complaint process; however, “Florida does not investigate civil rights violations. Only the federal government has jurisdiction.”
This is why OCR and DOJ complaints are crucial when discrimination or retaliation happens.
A Final Message to Families
Parents and families, I encourage you to stay involved, informed, and confident. Read the IEP, ask questions, and document everything. Do not accept excuses or apologies. Never allow anyone to target, label, mistreat, or humiliate your child. Our children are protected by federal law, and those protections must be upheld and honored.
As Tom Petty said, “I won’t back down.” And neither should any parent advocating for their child’s rights.
If any parent needs help understanding IDEA, ADA, or Section 504, or navigating complaint processes, I am available to assist at vailma.roca@me.com. As a parent advocate trained in legal and educational matters, I will protect your information with the highest level of confidentiality. My recommendations do not make me a lawyer. However, as a parent of a child with autism and with my experience in legal and educational fields, I can offer strong advice and guide you through the process. Based on my own experience, the FLDOE responds quickly, as do the federal agencies for education and civil rights. I appreciate you sharing this information, which may empower families across our community.
Finally, it is crucial to understand that when students with disabilities are denied services, face unfair discipline, or have their civil and educational rights violated, the main issue is often not the entire school staff or the dedicated leaders in the Exceptional Student Education (ESE) department. In many cases, I have reviewed, these failures stem from lapses in oversight at higher administrative levels — especially within departments responsible for student support services.
Unfortunately, some individuals appointed by superintendents and school boards act more as rhetoricians than problem-solvers — speaking at length while their own lack of competence and follow-through becomes clear. Ultimately, systemic failures expose the gap between the title and the responsibilities it carries. Ultimately, their decisions reveal the lack of substance behind the title and the absence of true professionalism. When those responsible for district-wide duties lack the necessary expertise, judgment, or willingness to ensure compliance with federal law, entire teams are unable to do their jobs, and children suffer. This kind of breakdown often triggers a chain reaction: teachers and paraprofessionals do not receive the training, assessments, or guidance they need; staff remain unaware of IEP requirements, disability protections, and students’ legal rights; and as a result, children are mislabeled, rejected, or even retaliated against by those who are supposed to support them.
Families deserve capable leadership that is informed and dedicated to lawful and ethical decision-making. When that standard is not upheld, patterns of neglect, mismanagement, and discrimination emerge — and no community should accept that as usual. As Sen. Tom Harkin once said: “The ADA Act is not a disability law. It is a civil rights law.”
“There needs to be a lot more emphasis on what a child can do, instead of what he cannot do.” — Dr. Temple Grandin.
The following cases illustrate significant instances in which public school districts were found to have violated the civil rights of students with disabilities, including their statutory protections under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. In each case, the documented failures caused substantial harm to the very individuals these laws are designed to protect — students receiving ESE services and the families advocating on their behalf.
J.W. et al. v. Clark County School District (Nevada). The district was found liable for severe physical and emotional abuse of a student with autism, marking a major failure of its “student support services.” https://aswtlawyers.com/faqs/what-is-the-largest-settlement-ever-achieved-against-the-clark-county-school-district-in-its-history/
Justice Department Reaches Settlement with Florida’s Volusia County School District to Safeguard Students with Disabilities from Classroom Removals and Other Actions of Discrimination. https://www.justice.gov/archives/opa/pr/justice-department-settles-florida-s-volusia-county-school-district-protect-students
Robert F. et al. v. North Syracuse Central School District et al.: Denial of Autism-Related Services by the School District. https://www.justice.gov/archives/opa/pr/justice-department-settles-florida-s-volusia-county-school-district-protect-students
M.A. et al. v. Newark Public Schools. Class action lawsuit alleging the district and the state failed to identify, locate, refer, and evaluate students with disabilities for special education services, failed to provide these students with appropriate services, and failed to provide “compensatory education” for the students’ deprived services. https://edlawcenter.org/issues/special-education/significant-special-education-cases/
Perez v. Sturgis Public Schools. This case established a new precedent: the U.S. Supreme Court held that parents are not required to exhaust administrative procedures under the Individuals with Disabilities Education Act (IDEA). https://www.elc-pa.org/wp-content/uploads/2023/09/Right-to-Damages-for-Disability-Discrimination-Perez-2023.pdf
The following are the links that protect your special needs students in our country:
Individuals with Disabilities Education Act. https://sites.ed.gov/idea/
Americans with Disabilities Act of 1990, As Amended. https://archive.ada.gov/pubs/adastatute08.pdf
District Implementation Section 504 of the Rehabilitation Act of 1973. https://www.fldoe.org/core/fileparse.php/7690/urlt/0070057-sect504.pdf
Vailma Roca-Fernandez, Alachua
The opinions expressed by letter or opinion writers are their own and do not necessarily represent the views of AlachuaChronicle.com. Assertions of facts in letters are similarly the responsibility of the author. Letters may be submitted to info@alachuachronicle.com and are published at the discretion of the editor.
Thank you so much for this letter. I applaud your advocacy for everyone that has a child with a disability.
The number of disabled children has skyrocketed since the passage of the National Childhood Vaccine Injury Act of 1986. This congressional act provided absolutely liability protection to vaccine manufacturers and to healthcare providers who administer the drugs.
Without concern for liability claims the industry was able to grow the federally established childhood vaccine schedule to an astonishing 70+ dosages for a teenage child.
The outcome has ruined innocent children, devastated countless families, and placed undue burdens on social programs. All while enriching the people who promote and push these liability-free products from the day a baby is born.
Slice- Stop spreading disinformation please!
https://www.scientificamerican.com/article/the-real-reason-autism-rates-are-rising/
researchers have found that changes in diagnosis probably explain a majority of the increase. A 2015 study on children diagnosed as autistic in Denmark, for example, found that 60 percent of the rise of autism among children born between 1980 and 1991 was caused by changes in diagnostic criteria and reporting practices. Another 2015 study examined students in U.S. special education programs between 2000 and 2010. The number of autistic children who enrolled in special education tripled from 93,624 to 419,647. In the same time frame, however, the number of children labeled as having an “intellectual disability” declined from 637,270 to 457,478. The shift of children from one diagnostic category to another explained two thirds of the increase in autism in this population, researchers say.
scientists definitively ruled out the measles, mumps and rubella (MMR) vaccine as a cause of autism a decade ago (and again in 2019). In addition, the primary study that had suggested a link between the MMR vaccine and autism was found to have falsified data. Despite this, federal officials said in March that the Centers for Disease Control and Prevention will conduct a study to investigate a link between vaccines and autism. The study will be led by a vaccine skeptic who was previously disciplined for practicing medicine without a license.
What people need to realize is that all drugs have the ability to negatively affect health. The less of them we take the healthier we will be. The one certainty in this is that the human body is never deficient in drugs. It may be toxic or be deficient in nutrients, but never deficient in drugs.
Slice, that’s wrong. For one example, the death rate for Covid was 2.4 times greater for those who did not get vaccinated.
If there is a golden age for human health, we are living in it, with much higher life spans, even in less developed countries, and cures for many previously terminal or debilitating diseases. I personally would be dead 3 times over if not for fairly simple, but modern medical procedures. Yes, our bodies have natural procedures for fending off illness, but until modern medicine, it didn’t get most of us past 40 years old.
Vaccines have never actually been regulated and therefore there have never been any enforceable obligations on the manufacturers to conduct any studies. They do not provide any ongoing safety data they are obligated to provide under 1986 law, and the person who obtained this discovery in court is no other but RFK Jr. I guess he forgot this the minute he joined the Trump train.
Link please.
“The National Childhood Vaccine Injury Act of 1986 granted unprecedented, economic immunity to pharmaceutical companies for injuries caused by their products and eviscerated economic incentive for them to manufacture safe vaccine products or improve the safety of existing vaccine products.
Congress therefore charged the Secretary of HHS with the explicit responsibility to assure vaccine safety. Hence, since 1986, HHS has had the primary and virtually sole responsibility to make and assure improvements in the licensing, manufacturing, adverse reaction reporting, research, safety and efficacy testing of vaccines in order to reduce the risk of adverse vaccine reactions.
In order to assure HHS meets its vaccine safety obligations, Congress required as part of the 1986 Act that the Secretary of HHS submit a biennial reports to Congress detailing the improvements in vaccine safety made by HHS in the preceding two years.
The Informed Consent Action Network filed a lawsuit to force HHS to either provide copies of its biennial vaccine safety reports to Congress or admit it never filed these reports. The result of the lawsuit is that HHS had to finally and shockingly admit that it never, not even once, submitted a single biennial report to Congress detailing the improvements in vaccine safety.
In contrast, HHS takes the other portions of the 1986 Act, which require promoting vaccine uptake, very seriously, spending billions annually and generating a steady stream of reports on how to improve vaccine uptake. Regrettably, HHS has chosen to focus on its obligation to increase vaccine uptake and defend against any claim vaccines cause harm in the National Injury Vaccine Compensation Program (aka, the Vaccine Court) to such a degree that it has abandoned its vaccine safety responsibilities. If HHS is not, as confirmed in Court this week, even fulfilling the simple task of filing a biennial report on vaccine safety improvements, there is little hope that HHS is actually tackling the much harder job of actually improving vaccine safety.“
Discovery from Southern District of New York court docs:
https://icandecide.org/wp-content/uploads/2019/11/013-STIPULATION.pdf
Thanks for the link and that passage Slice. Here’s the other side:
In 2018, ICAN filed Freedom of information lawsuits to force the Food and Drug Administration, the National Institutes of Health and the Department of Health and Human Services (HHS) to release administrative reports on childhood vaccine injury HHS is required to file with Congress. HHS replied that they could not find any such reports.[2]: 1 [35]: 1 While ICAN claimed the absence of these reports means that the federal government has neglected to properly study the effect of vaccines,[35]: 1 scientists and the fact-checking site PolitiFact pointed out a large number of in-depth studies were undertaken and their results shared with the public, even though HHS failed to file the required reports.[35]: 1
Dorit Reiss, a Professor of Law at the University of California, explained, “ICAN uses FOIA requests as a query, asking questions that likely do not have government records.” She added, “when the government, predictably, says they do not have such records (because many of CDC’s statements on scientific matters are based, for example, on scientific literature rather than government records), ICAN misrepresents that as showing there is no evidence – where all the answer shows is that there is no specific record.”[36]
https://en.wikipedia.org/wiki/Informed_Consent_Action_Network#cite_note-factcheck-35
This part of the statement you quote is a complete lie: “Regrettably, HHS has chosen to focus on its obligation to increase vaccine uptake and defend against any claim vaccines cause harm in the National Injury Vaccine Compensation Program (aka, the Vaccine Court) to such a degree that it has abandoned its vaccine safety responsibilities.”
As noted by those in the medical/scientific community (not the law suit community where RFK jr comes from) and as this report stipulates and then lists involved agencies
“The evaluation of safety for vaccines is conducted through a network of diverse, yet integrated activities that cuts across Federal agency responsibilities and includes the private sector and academic investigators…”
https://www.hsdl.org/c/abstract/?docid=6793
This blog by a Law professor gives the details of this legal case you cite clearly, including the fact that the law required the reports to Congress in the 1st 2 years of the law and they were in fact submitted and are linked on this article. She summarizes:
“If the anti-vaccine ICAN wants to lobby for filing such reports, more power to them. These reports should be filed.
What this does not mean
The stipulation does not mean that HHS did not work on vaccine safety, or that there is not abundant research on the topic….”
She thens lists the Federal agencies reviewing vaccines, and prints a flow chart type illustration of vaccine approval testing.
https://www.skepticalraptor.com/skepticalraptorblog.php/anti-vaccine-ican-settles-hhs-meaning/
fyi… any .com website is commercial and should not be used for scientific reasoning. If it doesn’t end with .org, .gov, or .edu it is disinformation.
Invitado… please stop spreading misinformation which is clearly not neutral and one-sided.
That is an interesting statement. The gist of the SA article confirming its conclusions can be found at many .gov sites. I’m glad people are skeptical but not all sources should be discounted so readily.
https://pmc.ncbi.nlm.nih.gov/articles/PMC9365987/
The changing faces of autism: The fluctuating international diagnostic criteria and the resulting inclusion and exclusion—A Norwegian perspective
The common understanding of autism spectrum disorders (ASD) has gone through a number of permutations since the first description in 1943. Throughout these shifting understandings, there have been a number of behaviors and diagnostic criteria associated with the condition, many of which are missing in the most recent classifications. The rates of diagnoses of autism have increased greatly. However, there is no reason to think there has been any change in occurrence over the last 70 years, suggesting rather an increase in our knowledge and awareness. Autism has been the subject of several misapprehensions and misrepresentations throughout history. This might be due to heterogeneity of the cases. In addition, the diagnosing of autism spectrum disorders is mainly based on observation and behavioral interpretation, and thus dependent on subjective perceptions of the clinicians themselves. This current scoping review article intends to provide a view on the evolution of the concept of autism and the current stance within Norwegian scholarship, and how it is shaped by international discourses and cultural diversities Such changing concepts especially impacts people with the diagnosis, as it can affect their access to social services, as well as their self-identification as people with ASD.
The number and percentage of disabled children is much higher than ever before…to say otherwise is dishonest. Just look around! I was speaking about child disabilities in general and never mentioned autism but since you brought it up I’ll chime in.
Autism is caused by abnormalities of brain tissue. What causes these abnormalities is toxic substances that are allowed to pass the blood brain barrier. The vast majority of this is caused by vaccination when heavy metals are mixed in a solution with polysorbate80 which reduces surface tension. These heavy metals injected directly into the bloodstream make it far easier to pass through the blood brain barrier, which cause brain trauma.
And don’t tell me that vaccines (or toxicants as CDC calls them) aren’t inadvertently injected into the bloodstream often. CDC and ACIP guidance now discourages needle aspiration before vaccination. They say the odds of hitting a blood vessel (even small vessels) is rare and that the comfort of the baby receiving the needle is more important than a proper procedure.
“Aspiration before injection of vaccines or toxoids (i.e., pulling back on the syringe plunger after needle insertion but before injection) is not necessary because no LARGE blood vessels are present at the recommended injection sites, and a process that includes aspiration might be more painful for infants22.”
https://www.cdc.gov/vaccines/hcp/imz-best-practices/vaccine-administration.html
Thanks Dr. Slice. When are you publishing your study?
Intellectually lazy and weak people personally attack others when they cannot mount a counter argument. Rebut what I said or shut up.
Thank you for your letter. As a parent of special needs children who is struggling to get them reevaluated or even a FBA/PBIP in Florida, I’m grateful for any information that can help.
I recommend home schooling in this case. By the time all the govt bureaucrats and lawyers do something, the disabled child will have turned 18.
While I sympathize with parents who have the difficulties associated with children with special needs, I also feel for school staff who have the unfortunate task of trying to educate these children, and provide for their sanitary needs. Unfortunately, some parents of special needs children look to the school system to provide daycare. Many times in my experience, these children lack discipline, social skills and will act out their frustrations or anger on teachers, fellow students, and other school staff. That’s not right, no matter what other rights special needs children have.
Their rights should not supersede my child’s rights to a safe and productive learning environment, nor my right to a safe workplace.
What an insensitive and nonsensical post. You are making judgments without considering each case individually. These are children who are often underrepresented. Being an ESE (Exceptional Student Education) teacher or paraprofessional is a choice made by individuals who are dedicated to providing opportunities for these students. You are not a psychiatrist qualified to diagnose a child’s cognitive disability. It sounds like you might be one of those ESE teachers who only accept low-functioning students who don’t disrupt the classroom. Your comments come across as that of a mediocre school staff member. The civil rights of disabled children are well documented. If school staff cannot or do not know how to address these issues, they should consider finding a different job.
Talking about judging people.
You obviously don’t know anything other than what some angry parent has told you.
The only accurate part of your comment is that you are correct with regard to ESE teachers and Paras being dedicated to educating children; I made a broad statement that is consistent with, as I stated, some parents. Unless you’ve had 25+ years in the school system you should keep your hand down because you obviously don’t know the answer and therefore are unqualified and incapable of providing career advice.
You sound like one of those doctors who give out handicap placards to anyone asking for one.
It’s impressive that you don’t grasp what the writer is conveying. If you read the article from October and do your research, you’ll find that the individuals involved in the discrimination have over 25 years of experience. They should be well-versed in the laws that protect students with special needs. Additionally, you are judging my expertise without knowing me. The more you show your ignorance, the more you show your arrogance.
Like you judged me?
I’m obviously more informed than you; despite your ignorance and claims to the contrary.
You should spend a day in some of the portables and experience what some students and staff have to endure.
Until then, just keep your hand down and don’t answer until called.
The first mission of the FBI was to enforce black civil rights, they failed at that mission. What makes you think any other groups rights will truly be respected, other than whites and even their cries go unheard.
It’s so disappointing you have had to endure this. Thank you for educating others on the issues and bringing it into the sunshine. This is one of several reasons we need a real, not an interim superintendent. An interim is a placeholder and does not really provide leadership and standard setting to staff. Our school board members need to step up and solve this leadership vacuum.
Of course the ability to provide this level of attention is only possible – and required of – public schools.
The internet says there are 36 charter schools in Florida dedicated to serving special needs students. The SBAC is obviously working to privatize this service in our area as well.
Charter schools in Florida:
” There isn’t a “special needs exemption” from these obligations; instead, charter schools follow specific provisions within the charter law (Ch. 1002.33, F.S.) and federal law, often partnering with the local district for ESE services, though some schools focus on severe disabilities, while others avoid them. ”
Private schools in Florida:
“Florida private schools aren’t required to follow IDEA like public schools, but they must discuss services with parents, can’t discriminate (per Section 504), and may need to offer some “equitable services” through public school district agreements.
@Jazzman, Florida private schools must comply with IDEA, ADA, and 504 if they receive federal or state-federal funds, including scholarships for Special Needs Education.