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Purpose
Governing Legislation
Definitions of Florida areas of eligibility for Exceptional Student Education

Revised 6/09

Purpose

The purpose of Exceptional Student Education is to provide a free, appropriate public education for all students with special needs.

Governing Legislation

Federal Legislation:

Individuals with Disabilities Act (IDA)

Section 504 of the legislation mandates reasonable accommodations and modifications to remove barriers and allow students with disabilities to participate freely in basic education. Disability in this context refers to a physical or mental impairment that substantially limits one or more major life activities. This includes students with injuries, chronic conditions, or learning problems. In Pasco County the Student Services Department oversees 504 procedures which the school guidance department implements. A 504 plan is developed with the teacher(s) and parents to identify the accommodations/modifications a student needs to be successful in the basic education classroom.

NOTE: Not every student who qualifies for services under Section 504 qualifies for exceptional student education services.

Individuals with Disabilities Education Act (IDEA)

This legislation mandates education policy to insure the provision of a free, appropriate public education (FAPE) for children identified as disabled. Parents and students are afforded procedural safeguards to ensure their due process rights.

NOTE: Only certain classifications of disabilities are eligible to receive services under IDEA. An Individual Education Plan is the document that outlines the educational needs and services for students who meet eligibility criteria.

Each state is obligated to abide by IDA and IDEA legislation, however every state develops their own terminology/procedures to implement these mandates and ensure compliance. Federal legislation always supercedes state legislation.

Although ESE rules and regulations may vary from state to state, schools are obligated to provide exceptional student education services for students who have been determined eligible in another state unless data is received or obtained that does not support continued eligibility. These students are referred to as “out of state transfers.”

State Legislation: Florida Statutes and State Board of Education Rules:

All Florida School Districts are required to follow the Florida State Board Rules pertaining to exceptional student education services. These procedures outline policy and procedures each district is obligated to follow pertaining to every aspect of exceptional student education. Each district in turn, develops procedures to implement and enforce these state regulations. State legislation always supercedes district procedures.

Although ESE procedures may vary from district to district, the eligibility criteria does not and Pasco schools are obligated to accept and provide services for all ESE students determined eligible for exceptional student education with a current T/IEP from any public school within the state of Florida. These students are referred to as “transfers.”

District Procedures: ESE District Procedures for Pasco County

Pasco County’s policies and procedures for implementing Florida’s rules and regulations pertaining to exceptional student education are detailed in the District Procedures. Every school within Pasco County is obligated to follow these procedures.

Definitions of Florida areas of eligibility for Exceptional Student Education

Autism Spectrum Disorder (ASD)

A student with autism spectrum disorder has one of 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. These characteristics may manifest in a variety of combinations and range from mild to severe. Autism Spectrum Disorder may include Autistic Disorder, Pervasive Developmental Disorder Not Otherwise Specified, Aspergers Syndrome, or other related pervasive developmental disorders.

Deaf or Hard-of-Hearing (D/HH)

A student who is deaf or hard-of-hearing has a hearing loss, with or without amplification that interferes in processing linguistic information and adversely affects performance in the educational environment. The degree of loss may range from mild to profound.

Developmental Delay (DD)

A child who is developmentally delayed is aged three (3:0) through five years 11 months of age (5:11) and delayed in one or more of the following areas of development:

Adaptive or self-help
Communication
Social or emotional
Physical including fine, gross, or perceptual motor

Dual-Sensory Impaired

A student who is dual-sensory impaired has both a hearing impairment and a visual impairment, the combination of which causes a serious impairment in the abilities to acquire information, communicate, or function within the environment.

Emotionally/Behaviorally Disabled (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.

NOTE: This does not include students who demonstrate a normal, temporary reaction to life events or crisis, emotional/behavioral difficulties that improve with interventions, or social maladjustment without an identified emotional/behavioral disability.

Gifted

A gifted student is one who has superior intellectual development, is capable of high performance, exhibits a majority of characteristics and demonstrates the need for an advanced or enriched curriculum.

Homebound/Hospitalized (HH)

A student who meets homebound or hospitalized eligibility 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 him/her to home or hospital and restricts activities for an extended period of time. A licensed physician who is qualified to assess the student’s physical or mental condition must make the medical diagnosis.

Intellectually Disabled (InD)

Students with intellectual disabilities are significantly below average (more than two standard deviations) in general intellectual development and adaptive functioning with significant delays in academic skills. Previously defined by reference to Educable, Trainable or Profoundly Mentally Handicapped, a student’s access points for the Sunshine State Standards defines his/her level within this broad category now as Independent (I), Supportive (S), or Participatory (P).

Occupational Therapy (OT) (Related Service)

A student who requires occupational therapy is one whose physical, motor, or neurological deficits result in a significant dysfunction in daily living skills, academic learning skills, or adaptive social or emotional behaviors.

Physically Impaired with Orthopedic Impairment (OI)

A student with an Orthopedic Impairment has a severe skeletal, muscular, or neuromuscular impairment, which adversely affects performance in the educational environment for ambulation, hand movement coordination, or daily living skills. This includes impairments resulting from congenital anomalies such as skeletal deformity or spina bifida, and other causes such as cerebral palsy and amputation.

Physically Impaired with Other Health Impaired (OHI)

A student recognized as Other Health Impaired (OHI) has limited strength, vitality, or alertness due to chronic or acute health problems that adversely affects the student’s performance in the educational environment; this includes a heightened alertness to environmental stimuli that results in limited alertness with respect to the educational environment. These problems may include, but not be limited to, a heart condition, acquired brain injury, anemia, asthma, attention deficit disorder, attention deficit hyperactivity disorder, diabetes, epilepsy, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, Tourette syndrome, and tuberculosis,

Physically Impaired with Traumatic Brain Injury (TBI)

A student with Traumatic brain injury has 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 includes open or closed head injuries resulting in impairments in one or more areas as described in State Policies and Procedures. The term does not include brain injuries that are congenital or degenerative or brain injuries induced by birth trauma.

PHYSICAL THERAPY (PT) (Related Service)

A student who requires physical therapy is one who requires a specially prescribed program directed toward the development, improvement, or restoration of neuromuscular or sensori-motor function, relief of pain or control of postural deviations to attain adequate performance in an educational setting.

SPECIFIC LEARNING DISABILITIES (SLD)

A student with a specific learning disability has a disorder in one or more of the basic learning processes involved in understanding or using spoken or written language 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. It 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.

SPEECH AND LANGUAGE IMPAIRED (Sp/L) (can also be a Related Service)

A speech and language impaired child is one who has disorders of language, articulation, fluency or voice which interfere with communication, pre-academic or academic learning, vocational training or social adjustment.

VISUALLY IMPAIRED (VI)

A visually impaired child is one who has disorders in the structure or function of the eye as diagnosed by a licensed ophthalmologist or optometrist that, even with the best correction and treatment, interferes with learning. This includes students who are blind, have no vision, have little potential for using vision, or have low vision.

NOTE: This area of eligibility does not include students with learning problems that are primarily the result of visual perceptual and/or visual motor difficulties.

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