Keeping Futures Bright: Avoiding the Exclusion of Students from School

*Does this apply to me?

Picture this: a fifth-grade student with a record of three arrests and a first-grade reading level.  One arrest is from a battery charge after the ten-year-old slapped another student who had hurled racial slurs at him all day.  This student is a victim of repeated bullying at the school, yet he is the only student punished whenever he confronts his bullies.  Does this student sound like a criminal or a victim of a hate crime?  

Many students with disabilities, and students of color, miss too much school because they are suspended or arrested at school.  Rather than receiving the help they need, students are instead disciplined and separated from the classroom if and when they have difficulty with behaving.  A complaint filed against the School District of Palm Beach County cited data that students with disabilities received school-related referrals to the juvenile justice system at more than five times the rate of students without disabilities.

Parents of these students can work with the School District to help improve their child’s behavior and enable these students to learn more, as well as have the opportunity to eventually integrate back into the classroom with other students.

Working among a team of lawyers, Barbara Briggs, Esq., Supervising Attorney for the Eduational Advocacy Legal Project (EALP) at the Legal Aid Society of Palm Beach County, has negotiated a settlement agreement with the School Board of Palm Beach County.  This settlement agreement requires schools in Palm Beach County to develop and implement programs to better address the needs of children with developmental delay and/or emotional difficulty.

*What should I do if I want help for my child or someone I know?

If you or someone you know has a child that is having behavioral problems in school:

1)  Speak with the ESE Contact at your school.  For a list of ESE Contacts of each school in Palm Beach County, click here.

When you speak with the ESE Contact, mention the Settlement Agreement.  If you are attending an appointment, bring a copy of the agreement with you.  For a copy of the Settlement Agreement, click here.

When speaking with the ESE Contact at your school, ask for a behavioral assessment or behavior plan for your child. You can also contact the Area ESE contact. Click here for a departmental contact list.

2) Contact the ESE Director.  If you are having difficulty contacting the ESE Contact at your school or if you think your child could benefit from a behavioral assessment in order to establish a behavior intervention plan, contact ESE Director Laura Pincus at 561-434-8626.

3)  Contact the Legal Aid Society. If you have tried to get help from your school and are being denied assistance, please contact Barbara Briggs, Esq., Supervising Attorney for the EALP at the Legal Aid Society of Palm Beach County at 561-822-9786.

Can the Educational Advocacy Law Project (EALP) at the Legal Aid Society help me?

The EALP provides free legal help for school-age children whose needs are not being met.  The EALP has provided help for:

• Children who have difficulty enrolling in school
• Children who need to be evaluated to determine if they have a disability
• Children who already receive special education services, but need more services to address their continuing academic, social, emotional or behavioral problems due to a disability
• Children who have been involuntarily removed from school and want to be readmitted
• Children who are homeless or who are foster children and are not receiving a free public education
• Children who are facing expulsion.

For More Information

For more information about the services available for your child, consult the ESE Department of the Palm Beach County School Board’s website.

To watch a video describing the Settlement Agreement, click here.

For a slideshow that provides information about the settlement and what it offers for parents and students, click here.

To download printable palm cards outlining students’ rights, click here.

For a copy of the Legal Aid Society's "Expulsion Project" brochure, click here.

Finally, for more information about the settlement process and an example of one child’s success story, read the front page article in the newsletter for the Florida Bar Foundation, Speaking of Justice, click here.

IMPORTANT: The information on this website is not intended as legal advice or representation. No attorney-client relationship is created between the Legal Aid Society of Palm Beach County, Inc. and any person obtaining information from this website. Public benefits and other laws change frequently. We strive to keep this website up to date but cannot provide a guarantee that this information is accurate as of the time you are reading it.