Not every child with a medical diagnosis automatically qualifies for special education services. Eligibility is determined by both federal law (IDEA) and Florida state rules, and the process involves evaluation, team decision-making, and parental consent. Here's what you need to know.
HOW MANY STUDENTS ARE ELIGIBLE IN FLORIDA?
Approximately 445,698 public school students in Florida receive Exceptional Student Education (ESE) services. The federal IDEA governs how states provide early intervention, special education, and related services to more than 7.5 million eligible children nationwide.
WHO CAN RECEIVE IDEA SERVICES?
Children are entitled to IDEA services if they are between the ages of 0 and 21 and have one or more of the following:
- Intellectual disability
- Multiple disabilities
- Hearing impairment (including deafness)
- Speech or language impairment
- Visual impairment (including blindness)
- Serious emotional disturbance
- Orthopedic impairment
- Autism
- Traumatic brain injury
- Specific learning disability
- Other health impairment
WHAT DOES "ELIGIBLE" REALLY MEAN?
Having a diagnosis is not enough. To be eligible for special education under IDEA, a child must also need specially designed instruction as a result of the disability. A child with a disability who doesn't need specialized instruction may still be protected under Section 504.
THE EVALUATION PROCESS
Eligibility is determined through a comprehensive evaluation, not a single test. The evaluation must look at every area that could be affected by the disability. Parents must consent to the evaluation, receive a copy of the results before any meeting, and participate in the eligibility decision.
You have the right to request an evaluation at any time in writing. If the school refuses, they must provide a written explanation. Florida Rural Legal Services can help if you are denied an evaluation or disagree with eligibility decisions. Call 1-888-582-3410 to get started today.