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Definition:

Orthopedic impairment means a severe skeletal, muscular, or neuromuscular impairment. The term includes impairments resulting from congenital anomalies (e.g., including, but not limited to, skeletal deformity or spina bifida) and impairments resulting from other causes (e.g., including, but not limited to, cerebral palsy or amputations).

Eligibility Criteria

A student is eligible for specially designed instruction and related services as a student with an orthopedic impairment if the following criteria are met:

1. There is evidence of an orthopedic impairment that adversely affects the student's performance in the educational environment in any of the following: ambulation, hand movement, coordination, or daily living skills.

2. The student demonstrates a need for special education.

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MIchele Uriarte

Section B.16: Provision of Occupational Therapy to Exceptional Students as a Related Service

Occupationaltherapymeansservicesprovidedbyaqualifiedoccupationaltherapistandincludesimproving,developing,orrestoringfunctionsimpairedorlostthroughillness,injury,ordeprivation;improvingabilitytoperformtasksforindependentfunctioningiffunctionsareimpairedorlost;andpreventing,throughearlyintervention,initialorfurtherimpairmentorlossoffunction

Determination of Need for Occupational Therapy

Todetermineneedforoccupationaltherapyasarelatedservicetheindividualeducationalplan(IEP),theeducationalplan(EP),ortheindividualizedfamilysupportplan(IFSP)teamshalldothefollowing:

1. Reviewassessmentsconductedbytherelatedserviceproviderandallotherrelevantdata.

2. Determineifoccupationaltherapyservicesareneededtoassistastudenttobenefitfromspeciallydesignedinstruction.

3.IncludeinputfromtheoccupationaltherapisttoassisttheIEP,EP,orIFSPteamwhentheeducationalneedforoccupationaltherapyasarelatedserviceisbeingdetermined

Section B.17: Provision of Physical Therapy to Exceptional Students as a Related Services

Definitions

1. Physicaltherapymeansservicesprovidedbyaqualifiedphysicaltherapist.

2. Relatedserviceprovidermeansthelicensedphysicaltherapistresponsiblefortheassessmentandprovisionof

school‐basedphysicaltherapyasarelatedservice.

DeterminationofNeedforPhysicalTherapy

Todetermineneedforphysicaltherapyasarelatedservicetheindividualeducationalplan(IEP),theeducationalplan

(EP),ortheindividualizedfamilysupportplan(IFSP)teamshalldothefollowing:

1. Reviewassessmentsconductedbytherelatedserviceproviderandallotherrelevantdata.

2. Determineifphysicaltherapyservicesareneededtoassistastudenttobenefitfromspeciallydesignedinstruction.

3. IncludeinputfromthephysicaltherapisttoassisttheIEP,EP,ortheIFSPteamwhentheeducationalneedfor

physicaltherapyasarelatedserviceisbeingdetermined.

Student Assessment

Priortotheprovisionofphysicaltherapy,assessmentsshallbeconductedbytherelatedserviceproviderasdefinedin

thePhysicalTherapyPracticeAct,Chapter486,s486.021,F.S.

UniquePhilosophical,Curricular,orInstructionalConsiderations

1. WhentheIEP,EP,ortheIFSPisbeingreviewedforastudentwhoisreceivingphysicaltherapyasarelatedservice,thelicensedtherapistorlicensedassistantshallprovideinputtoassisttheIEP,EP,orIFSPteam.

2.Physicaltherapymaybeprovidedbyeitheralicensedphysicaltherapistoralicensedphysicaltherapistassistantinaccordancewiththeprovisionsofs.486.021,F.S.

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Blanca Rodriguez

Part II.
Policies and Procedures for Students with Disabilities

Section B.11: Exceptional Student
Education Eligibility for Students with Traumatic Brain Injury

Definition

A traumatic brain injury means an
acquired injury to the brain caused by an external physical force resulting in
total or partial functional disability or psychosocial impairment, or both,
that adversely affects educational performance. The term applies to mild,
moderate, or severe open or closed head injuries resulting in impairments in
one or more areas, such as cognition; language; memory; attention; reasoning;
abstract thinking; judgment; problem solving; sensory,

perceptual and motor abilities;
psychosocial behavior; physical functions; information processing; or speech.
The term includes anoxia due to trauma. The term does not include brain
injuries that are congenital, degenerative, or induced by birth trauma.

Eligibility
Criteria

A student is eligible for
specially designed instruction and related services as a student with a
traumatic brain injury if the following criteria are met:

1. There is evidence of a
traumatic brain injury that impacts one or more of the areas identified in the
definition.

2. The student demonstrates a need for special
education.

Student Evaluation

1. In addition to the provisions
in Rule 6A‐6.0331, F.A.C., regarding general
education intervention procedures, the minimum student evaluations shall
include all of the following:

a. A report of a medical
examination, within the previous twelve (12)‐month period,
from a physician(s) licensed in Florida in accordance with Chapter 458 or 459,
F.S., unless a report of medical examination from a physician licensed in
another state is determined by the district to be permitted in accordance with
Rule 6A‐6.0331(3)(c), F.A.C. The physician's
report must provide a description of the traumatic brain injury and any medical
implications for instruction

b. Documented evidence by more
than one person, including the parent, guardian, or primary caregiver, in more
than one situation. The documentation shall include evidence of a marked
contrast of pre‐ and postinjury capabilities in one or
more of the following areas: cognition; language; memory; attention; reasoning;
abstract thinking; judgment; problem solving; sensory, perceptual, and motor
abilities; psychosocial behavior; physical functions; information processing or
speech

c. An educational evaluation that
identifies educational and environmental needs of the student.

2. The evaluation may also
include a neuropsychological evaluation when requested by the exceptional
student education administrator or designee.

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Aura Balza

Specific Learning Disability

A specific learning disability is defined as a disorder in one or more
of the basic learning processes involved in

understanding
or in using language, spoken or written, that may manifest in significant
difficulties affecting the ability to listen, speak, read, write, spell, or do
mathematics. Associated conditions may include, but are not limited to,
dyslexia, dyscalculia, dysgraphia, or developmental aphasia. A specific
learning disability does not include learning problems that are primarily the
result of a visual, hearing, motor, intellectual, or emotional or behavioral
disability, limited English proficiency, or environmental, cultural, or
economic factors.

Eligibility
Criteria

A student is eligible for specially designed instruction and related
services as a student with a specific learning disability if all of the
following criteria are met:

1. Evidence of specific learning disability

The student's parent(s) or guardian(s) and group of qualified
personnel may determine that a student has a

specific learning disability if there is evidence of each of the
following:

a. When provided with learning experiences and instruction appropriate
for the student's chronological age or

grade‐level standards, in accordance with Rule 6A‐1.09401, F.A.C., the
student does not achieve adequately

for the student's chronological age or does not meet grade‐level
standards as adopted in Rule 6A‐1.09401,

F.A.C., in one or more of the following areas based on the review of
multiple sources that may include

group or individual criterion or norm‐referenced measures, including
individual diagnostic procedures:

Oral expression

Listening comprehension

Written expression

Basic reading skills

Reading fluency skills

Reading comprehension

Mathematics calculation

Mathematics problem solving

The school district has the option of requiring that an individually‐administered,
standardized test of

achievement be administered by a qualified evaluator in accordance
with Rule 6A‐6.03018(4)(b)2, F.A.C., as

one of the evaluation procedures used to address the requirements of
Rule 6A‐6.03018(4)(a)1, F.A.C.

One of the following must be selected:

The district requires that an individually administered, standardized test of achievement
(that

addresses the relevant areas of concern as identified by the team) be
given by a qualified evaluator after

obtaining parental consent for an evaluation.

The district does not require that an individually administered,
standardized test of achievement be

given by a qualified evaluator after obtaining parental consent for an
evaluation. The team responsible for

the evaluation may determine the need for an individually
administered, standardized test of achievement

on an individual student basis.

b. The student does not make adequate progress to meet chronological
age or grade‐level standards adopted

in Rule 6A‐1.09401, F.A.C., in one or more of the areas identified in
section 1.a) (above) as determined

through:

A process based on the student's response
to scientific, research‐based intervention, consistent with

the comprehensive evaluation procedures in Rule 6A‐6.0331 F.A.C.

c. The group determines that its findings under paragraph a) of this
subsection are not primarily the result of

one or more of the following:

A visual, hearing, or motor disability

Intellectual disability

Emotional or behavioral disability

Cultural factors

Irregular pattern of attendance or high
mobility rate

Classroom behavior

Environmental or economic factors

Limited English proficiency

2. The student demonstrates a need for special education.

Student
Evaluation

The evaluation procedures shall include the following:

1. The school district must promptly request parental or guardian
consent to conduct an evaluation to determine if

the student needs specially designed instruction in the following
circumstances:

a. The student does not make adequate progress when:

Prior to a referral, the student has not
made adequate progress after an appropriate period of time

when provided appropriate instruction and intense, individualized
interventions; or

Prior to referral, intensive interventions
are demonstrated to be effective but require sustained and

substantial effort that may include the provision of specially
designed instruction and related services;

and

b. Whenever a referral is made to conduct an evaluation to determine
the student's need for specially

designed instruction and the existence of a disability.

2. Observation requirement

In determining whether a student needs specially designed instruction
and has a specific learning disability, and

in order to document the relationship between the student's classroom
behavior and academic performance,

the group must do the following:

a. Use information from an observation in routine classroom
instruction and monitoring of the student's

performance that was completed before referral for an evaluation; or

b. Have at least one member of the group conduct an observation of the
student's performance in the

student's typical learning environment, or in an environment
appropriate for a student of that chronological

age, after referral for an evaluation and parental or guardian consent
has been obtained.

3. In addition to the procedures identified in Rule 6A‐6.0331, F.A.C.,
the evaluation must also include the district's

procedures as specified in the SP&P as required by Rule 6A‐6.03411,
F.A.C. The evaluation must adhere to the

timeframe required by Rule 6A‐6.0331, F.A.C., unless extended by
mutual written agreement of the student's

parent(s) or guardian(s) and a group of qualified professionals.

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Section B.14: Exceptional Student Education Eligibility for
Students with Language Impairments

Language impairments are disorders of language that
interfere with communication. Adversely affect performance or functioning in
the student's typical learning environment, and result in the need for
exceptional student education. A language impairment is defined as a disorder
in one or more of the basic learning processes involved in understanding or in
using spoken or written language. These include: phonology, morphology, syntax,
semantics, and pragmatics.

The language impairment may manifest in significant
difficulties affecting listening comprehension, oral expression, social
interaction, reading, writing, or spelling. A language impairment is not
primarily the result of factors related to chronological age, gender, culture,
ethnicity, or limited English proficiency.

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Definition

of homebound or hospitalized student

A homebound or hospitalized student is a student who has a medically diagnosed physical or psychiatric condition that is acute or catastrophic in nature, or a chronic illness or a repeated intermittent illness due to a persisting medical problem, which confines the student to home or hospital and restricts activities for an extended period. The medical diagnosis shall be made by a licensed physician.

Eligibility Criteria

A licensed physician must certify:

1a. That the student is expected to be absent from school due to a physical or psychiatric condition for at least fifteen (15) consecutive school days (or the equivalent on a block schedule), or due to a chronic condition for at least fifteen (15) school days (or the equivalent on a block schedule), which need not run consecutively;

b. That the student is confined to home or hospital; and

c. That the student will be able to participate in and benefit from an instructional program.

2. The student is under medical care for illness or injury that is acute, catastrophic, or chronic in nature.

3. The student canreceive an instructional program without endangering the health and safety of the instructor or other students with whom the instructor may come in contact.

4. The student is in kindergarten through twelfth grade and is enrolled in a public school prior to the referral for homebound or hospitalized services, unless the student meets criteria for eligibility under Rules 6A‐6.03011, 6A‐6.03012, 6A‐6.03013, 6A‐6.03014, 6A‐6.030151, 6A‐6.030152, 6A‐6.030153, 6A‐6.03016, 6A‐6.03018, 6A‐6.03022, 6A‐6.03023, and 6A‐6.03027, F.A.C.

5. A parent, guardian, or primary caregiver signs parental agreement concerning homebound or hospitalized policies and parental cooperation.

6. The student demonstrates a need for special education.

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Ana Fernand

6A-6.030152 Exceptional Student Education Eligibility for Students with Other Health Impairment.

(1) Definition. Other health impairment means having limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that is due to chronic or acute health problems. This includes, but is not limited to, asthma, attention deficit disorder or attention deficit hyperactivity disorder, Tourette syndrome, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and acquired brain injury.

(2) General education interventions and activities. Prior to referral for evaluation, the requirements in subsection 6A-6.0331(1), F.A.C., must be met.

(3) Evaluation. In addition to the provisions in subsection 6A-6.0331(5), F.A.C., the evaluation for determining eligibility shall include the following:

(a) A report of a medical examination, within the previous twelve-month (12) period, from a physician(s) licensed in Florida in accordance with Chapter 458 or 459, F.S., unless a report of medical examination from a physician licensed in another state is permitted in accordance with paragraph 6A-6.0331(3)(c), F.A.C. The physician’s report must provide a description of the impairment and any medical implications for instruction; and,

(b) An educational evaluation that identifies educational and environmental needs of the student.

(4) Criteria for eligibility. A student with other health impairment is eligible for exceptional student education if the following criteria are met:

(a) Evidence of other health impairment that results in reduced efficiency in schoolwork and adversely affects the student’s performance in the educational environment; and,

(b) The student needs special education as defined in paragraph 6A-6.03411(1)(kk), F.A.C.

Rulemaking Authority 1003.01, 1003.57(1)(e), 1003.571 FS. Law Implemented 1003.01(3), 1003.21(1), 1003.57(1)(e), 1003.571 FS. History–New 7-1- 07, Amended 12-15-09.

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Section B.4: Exceptional Student Education Eligibility for Students who are Dual‐Sensory Impaired

Definition Dual‐sensory impairment is defined as impairment affecting both vision and hearing, the combination of which causes a  serious impairment in the abilities to acquire information, communicate, or function within the environment, or a  degenerative condition which will lead to such an impairment.

A student  is  eligible for specially  designed  instruction  and  related  services  as  a  student  with  a dual‐sensory  impairment  if  the  following  criteria  are  met:

visual  impairments:

a. A  visual  acuity  o f 20/70  or  less  in  the  better  eye  after  best  correction;

hearing  impairments:

a. Hearing  impairment  of  30 d B or greater  unaided  in  the  better  ear;

Student Evaluation

The  minimum  student  evaluations  include:

For  students  with  a  suspected  degenerative  condition  or  syndrome  that  will  lead  to  dual‐sensory  impairment: a  medical  statement  confirming  the  existence  of  such  a condition  or  syndrome  and  its  prognosis

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Section B.3: Exceptional Student Education Eligibility for Prekindergarten Children who are  Developmentally Delayed

Definitions 1. For an infant or toddler from birth through two (2) years of age, developmental delay is defined as delay in one  (1) or more of the following developmental domains: adaptive development; cognitive development;  communication development; social or emotional development; or physical development. 2. For a child three (3) through five (5) years of age, developmental delay is defined as a delay in one or more of  the following areas: adaptive or self‐help development; cognitive development; communication development;  social or emotional development; or physical development, including fine, gross, or perceptual motor

1. For a child three (3) through five (5) years of age

A score of two (2) standard deviations (SD) below the mean or a 25 percent delay on measures yielding

A score of 1.5 SD below the mean or a 20 percent delay on measures yielding scores in months in at  least two (2) areas of development

• Based on informed clinical opinion, the eligibility staffing committee makes a recommendation that a  developmental delay exists and exceptional student education services are needed

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Section B.5: Exceptional Student Education Eligibility for Students with Emotional or Behavioral  Disabilities

Definition A  student  with  an  emotional  or  behavioral  disability (EBD)  has persistent (is not sufficiently responsive to implemented  evidence‐based interventions) and consistent emotional or behavioral responses that adversely affect performance in  the educational environment that cannot be attributed to age, culture, gender, or ethnicity.

Eligibility Criteria:

A student with an emotional or behavioral disability demonstrates an inability to maintain adequate  performance in the educational environment

internal factors:Feelings of sadness, or frequent crying, or restlessness, or loss of interest in friends or school work, or  mood swings, or erratic behavior; or  • The presence of symptoms such as fears, phobias, or excessive worrying and anxiety regarding personal  or school problems; or • Behaviors that result from thoughts and feelings that are inconsistent with actual events or  circumstances, or difficulty maintaining normal thought processes, or excessive levels of withdrawal  from persons or events;

External factors :

An  inability  to  build  or  maintain  satisfactory  interpersonal  relationships  with  peers, teachers, and  other  adults  in  the  school setting; or • Behaviors  that  are  chronic  and  disruptive  such  as  non compliance, verbal  or  physical  aggression, or  poorly  developed  social  skills  that  are  manifestations  of feelings, symptoms, or behaviors as specified in  section 1.a) above

Student Evaluation:

A functional behavioral assessment (FBA) must be conducted.

The evaluation must include documentation of the student's response to general education interventions  implemented to target the function of the behavior as identified in the FBA.

A social developmental history compiled from a structured interview with the parent or guardian that addresses  developmental, familial, medical, health, and environmental factors impacting learning and behavior

A psychological evaluation conducted in accordance with Rule 6A‐6.0331, F.A.C

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Part II. Policies and Procedures for Students with Disabilities
Section B.6: Exceptional Student Education Eligibility for Infants or Toddlers Birth through Two (2)
Years Old who have Established Conditions

Definition
An infant or toddler with an established condition is defined as a child from birth through two (2) years of age with a diagnosed physical or mental condition known to have a high probability of resulting in developmental delay. Such conditions shall include genetic and metabolic disorders, neurological disorders, a severe attachment disorder, an autism spectrum disorder, a sensory impairment (vision or hearing), or the infant's birth weight was less than 1,200 grams.

An infant or toddler is eligible for exceptional student education when a team of qualified professionals and the parent or guardian in accordance with Rule 6A‐6.0331(6), F.A.C., determine that all the following criteria are met:

1. The infant or toddler is below the age of thirty‐six (36) months;
2. The requirements of Rule 6A‐6.0331(2), F.A.C., have been met;
3. There is written evidence that the Department of Health, Children's Medical Services, Part C Local Early Steps
has determined that the infant or toddler has an established condition as defined in section (1) of rule 6A‐6.03030, F.A.C.; and,
4. The infant or toddler needs early intervention services as defined in Rule 6A‐6.03411(1)(i), F.A.C.

Continued eligibility for exceptional student education programs will be determined before the child's third birthday.

Developmental delay
Child development refers to the process in which children go through changes in skill development during predictable time periods, called developmental milestones. Developmental delay occurs when children have not reached these milestones by the expected time period. For example, if the normal range for learning to walk is between 9 and 15 months, and a 20-month-old child has still not begun walking, this would be considered a developmental delay.

Developmental delays can occur in all five areas of development or may just happen in one or more of those areas (to read about the five areas of development. Additionally, growth in each area of development is related to growth in the other areas. So if there is a difficulty in one area (e.g., speech and language), it is likely to influence development in other areas (e.g., social and emotional).

Child

Born: 28+6 weeks gestation
Weight: 1287 grams
The ESE Process.
http://disabilityrightsflorida.org/presentations/ESE_Process_Presentations/html/web_data/file3.htm
There are 10 critical steps that determining if the child is or is not eligible for special education services. These 10 steps are as follows: 1. Your child is identified as needing services and/or related services beyond what is provided in the general education classroom 2. Signing consent for evaluations and beginning the evaluation process 3. Eligibility is determined 4. Your child is either eligible or not eligible for services. 5. An Individualized Education Plan (IEP) meeting is scheduled 6. An IEP is drafted 7. Services are provided 8. Progress is measured over time 9. The IEP is reviewed 10. Your child is re-evaluated
Early Steps

www.broward.k12.fl.us/studentsupport/ese/PDF/ESbrochurerev.pdf

Is a federal, state, Medicaid/insurance funded early intervention program. It serves families whose children, ages birth to three years, have significant delays in development or who have been diagnosed with a medical condition associated with delays. Research shows that the first three years are the most important time for learning in a child’s life. Beginning interventions early establishes the window of opportunity for a child to develop and learn. Early Steps engages and encourages families’ participation in helping their children with special needs develop to their full potential.

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Statutory and Regulatory Citations

34 CFR §§300.8, 300.34, and 300.113

Sections 1003.01(3), 1003.55, and 1003.57, F.S.

Rules 6A‐6.03013 and 6A‐2.0010, F.A.C.

Definition

A student who is deaf or hard‐of‐hearing has a hearing loss, aided or unaided, that impacts the processing of linguistic

information and which adversely affects performance in the educational environment. The degree of loss may range

from mild to profound.

Eligibility Criteria

A student is eligible for specially designed instruction and related services as a student who is deaf or hard‐of‐hearing if

the following criteria are met:

1. Medical: An audiological evaluation documents a permanent or fluctuating hearing threshold level that

interferes with progress in any one of the following areas: developmental skills or academic performance,

social‐emotional development, or linguistic and communicative skills as evidenced by:

a. 25 decibel (dB) + 5 dB or greater based on pure tone average or average of 500, 1000, and 2000 Hz unaided

in the better ear; or

b. A high frequency hearing threshold level of 25 dB + 5 dB or greater based on pure tone average of 1000,

2000, and 3000 Hz unaided in the better ear; or

c. A unilateral hearing threshold level of 50 dB + 5 dB or greater based on pure tone average of 500, 1000, and

2000 Hz unaided; or

d. Auditory Evoked Potential responses evidencing permanent hearing loss at multiple frequencies equivalent

to or in excess of the decibel hearing loss threshold criteria for pure tone audiometric testing specified

above,

and

2. The student demonstrates a need for special education.

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Definition

Autism Spectrum Disorder (ASD) is defined as a range of pervasive developmental disorders that adversely affects a

student's functioning and results in the need for specially designed instruction and related services. ASD is characterized

by an uneven developmental profile and a pattern of qualitative impairments in social interaction, communication, and

the presence of restricted repetitive, or stereotyped patterns of behavior, interests, or activities. These characteristics

may manifest in a variety of combinations and range from mild to severe. ASD may include Autistic Disorder, Pervasive

Developmental Disorder Not Otherwise Specified, Asperger's Disorder, or other related pervasive developmental

disorders.

A student is eligible for specially designed instruction and related services as a student with ASD if evidence of all of the

following criteria are met:

1. Uneven developmental profile as evidenced by inconsistencies across or within the domains of language, social

interaction, adaptive behavior, or cognitive skills

2. Impairment in social interaction as evidenced by delayed, absent, or atypical ability to relate to people or the

environment

3. Impairment in verbal or nonverbal language or social communication skills

4. Restricted repetitive or stereotyped patterns of behavior, interests, or activities

5. The student demonstrates a need for special education

Parent Request

If a parent request for evaluation the school must take action and provide prior written notice then CPST determines the need for evaluation and must provide within 20 school  days the parent consent for initial evaluation.

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Summary of video clip: 

Responding to parent request for a comprehensive evaluation. State
POLICY

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Summary of video clip: 

Responding to parent request for a comprehensive evaluation. State
POLICY

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this video is about the process of parent requesting an evaluation for their children when suspect of a disability.

Parent may
request an evaluation when they suspect that the child may have a disability

At any time.

How? Written
request indicating reasons for their concern

Verbal request
made during an cps team meeting during which their child’s progress is being
discussed

NO phone
call request

Teacher must
document everything