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

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

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.

Statutory and Regulatory Citations

34 CFR §§300.8, 300.34, and 300.113

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

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

http://disabilityrightsflorida.org/presentations/ESE_Process_Presentations/html/web_data/file3.htm

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

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

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

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.

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.

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.

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.

SectionB.16:ProvisionofOccupationalTherapytoExceptionalStudentsasaRelatedService

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

DeterminationofNeedforOccupationalTherapy

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

1. Reviewassessmentsconductedbytherelatedserviceproviderandallotherrelevantdata.

2. Determineifoccupationaltherapyservicesareneededtoassistastudenttobenefitfromspeciallydesignedinstruction.

3.IncludeinputfromtheoccupationaltherapisttoassisttheIEP,EP,orIFSPteamwhentheeducationalneedforoccupationaltherapyasarelatedserviceisbeingdetermined

SectionB.17:ProvisionofPhysicalTherapytoExceptionalStudentsasaRelatedServices

Definitions

1. Physicaltherapymeansservicesprovidedbyaqualifiedphysicaltherapist.

2. Relatedserviceprovidermeansthelicensedphysicaltherapistresponsiblefortheassessmentandprovisionof

school‐basedphysicaltherapyasarelatedservice.

DeterminationofNeedforPhysicalTherapy

Todetermineneedforphysicaltherapyasarelatedservicetheindividualeducationalplan(IEP),theeducationalplan

(EP),ortheindividualizedfamilysupportplan(IFSP)teamshalldothefollowing:

1. Reviewassessmentsconductedbytherelatedserviceproviderandallotherrelevantdata.

2. Determineifphysicaltherapyservicesareneededtoassistastudenttobenefitfromspeciallydesignedinstruction.

3. IncludeinputfromthephysicaltherapisttoassisttheIEP,EP,ortheIFSPteamwhentheeducationalneedfor

physicaltherapyasarelatedserviceisbeingdetermined.

StudentAssessment

Priortotheprovisionofphysicaltherapy,assessmentsshallbeconductedbytherelatedserviceproviderasdefinedin

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

UniquePhilosophical,Curricular,orInstructionalConsiderations

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

2.Physicaltherapymaybeprovidedbyeitheralicensedphysicaltherapistoralicensedphysicaltherapistassistantinaccordancewiththeprovisionsofs.486.021,F.S.

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.