1. Steps to Getting a Child Designated as a Student with Disability
Community Legal Services of Mid-FL

2. Red flags that Student May be a Student with a Disability
Child is having issues at school
Academic
Retained
Poor grades
Behavioral
Suspensions/Expulsion
Restraints
Community Legal Services of Mid-FL

3. Diagnosis Provide all diagnoses to the school
If child does not have a diagnosis, get a diagnosis from the child’s doctor
Community Legal Services of Mid-FL

4. Request Evaluations
Students must be evaluated prior to receiving special education services
Request that child be evaluated in ALL suspected areas of disability
Put your request in writing
is best!
Community Legal Services of Mid-FL

5. Consent
The school must obtain written consent within 20 days of your request for an evaluation
The consent form must be signed before the school can begin the evaluation process
Community Legal Services of Mid-FL

6. Evaluation Timeline
Evaluations must be completed 60 days from the date the consent form was signed
Refusal to evaluate
The school must provide the parent with a written notice explaining the school’s refusal to conduct the evaluation.
This must notice must be provided within 20 days
Community Legal Services of Mid-FL

7. Eligibility
School must schedule an eligibility meeting once evaluations are completed to determine:
If child is eligible under the Individuals with Disabilities Education Act (IDEA)
The child’s specific educational needs
What special education services and related services are appropriate for addressing the student’s needs
Community Legal Services of Mid-FL

8. Eligibility contd.
If the child is found to be eligible for services under IDEA, an Individual Education plan(IEP) is created to address all the child’s educational needs
IEP should include:
The Child’s present levels of academic achievement and functional performance
Goals
Accommodations
Related services
Conference notes
Community Legal Services of Mid-FL

9. Areas of Eligibility (Florida)
Autism Spectrum Disorder (ASD)
Deaf or Hard-of-Hearing (DHH)
Ages Birth-5 Years
Birth Through Two Years
Established Conditions (EC): Ages Birth Through 2 Years Old
Developmentally Delayed (DD): Ages Birth Through 2 Years Old
Ages Three through Five Years
Community Legal Services of Mid-FL

10. Areas of Eligibility con’t.
Developmentally Delayed (DD): Ages 3-5 Years
Dual-Sensory Impairment (DSI): Deaf-Blind
Emotional/Behavioral Disability (E/BD)
Gifted
Homebound or Hospitalized (HH)
Intellectual Disability (InD)
Language Impairment (LI)
Community Legal Services of Mid-FL

11. Areas of Eligibility con’t.
Other Health Impairment (OHI)
Orthopedic Impairment (OI)
Specific Learning Disability (SLD)
Speech Impairment (SI)
Traumatic Brain Injury (TBI)
Visual Impairment (VI): Blind and Partially Sighted
Community Legal Services of Mid-FL

12. Specific Learning Disability (SLD)
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/behavioral disability, limited English proficiency, or environmental, cultural, or economic factors.
Community Legal Services of Mid-FL

13. Autism Spectrum Disorder
Autism Spectrum Disorder is defined to be 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. Autism Spectrum Disorder is characterized by an uneven developmental profile and a pattern of qualitative impairments in social interaction, communication, and the presence of restricted repetitive, and/or stereotyped patterns of behavior, interests, or activities. 
Community Legal Services of Mid-FL

14. Other Health Impaired
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.
Likely applies to diagnoses of mental illness.
Community Legal Services of Mid-FL

15. Emotional/Behavioral Disability (EBD)
A student with an emotional/behavioral disability 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.
Community Legal Services of Mid-FL

16. If You Do not Agree with the Evaluations
You may request an independent educational evaluation (IEE) if you disagree with the results of the evaluation
School must either agree, pay for the IEE, or file for a Due Process hearing to show the assessment was appropriate.
If granted an IEE, you may pick the provider.
Community Legal Services of Mid-FL