Many Florida parents are surprised when a school team says their child, who has a clear autism diagnosis from a doctor or psychologist, does not qualify for exceptional student education (ESE). Others are surprised the other way: the school finds a child eligible under its autism category before any doctor has made a diagnosis. Both happen because Florida schools use their own rule, Rule 6A-6.03023 of the Florida Administrative Code, and that rule asks a different question from a medical evaluation. This article explains the rule in full, what the school's evaluation must include, and how to use a private diagnosis well.
How does Florida's school rule define autism?
Rule 6A-6.03023(1) reads:
Autism spectrum disorder is a condition that reflects a wide range of symptoms and levels of impairment, which vary in severity from one (1) individual to another. Autism spectrum disorder is characterized by an atypical developmental profile with a pattern of qualitative impairments in social interaction and social communication, and the presence of restricted or repetitive patterns of behavior, interests, or activities, which occur across settings.
The rule has been in its current form since April 1, 2015. Notice the phrase "across settings": the school looks for these features at school and elsewhere, not only in one classroom or only at home.
What must the school's autism evaluation include?
Rule 6A-6.03023(3) requires "a full and individual evaluation that addresses the core features of autism spectrum disorder." It lists six components:
- "Behavioral observations conducted by members of the evaluation team targeting social interaction, social communication skills, and restricted or repetitive patterns of behavior, interests, or activities, across settings;"
- "A social/developmental history based on an interview with the parents(s) or guardian(s);"
- "A psychological evaluation that includes assessment of academic, intellectual, social-emotional, and behavioral functioning and must include at least one (1) standardized instrument specific to autism spectrum disorder;"
- "A language evaluation that includes assessment of the pragmatic (both verbal and nonverbal) and social interaction components of social communication. An observation of the student's social communication skills must be conducted by a speech language pathologist;"
- "A standardized assessment of adaptive behavior;" and
- "If behavioral concerns are present, a functional behavioral assessment is conducted to inform behavioral interventions on the student's individual educational plan."
These are in addition to the general evaluation rules in Rule 6A-6.0331(5). Those rules say the district must use "a variety of assessment tools and strategies," including information provided by the parent; must not use "any single measure or assessment as the sole criterion"; and must test in the child's native language or other mode of communication unless that is clearly not feasible. Adaptive behavior assessment "shall include parental input" (6A-6.0331(3)(e)2.).
Your part matters. The parent interview, your input on adaptive skills, and any reports you share are part of the evidence. Bring examples of how your child communicates, plays and handles change at home and in the community.
What are the three criteria, and what does "needs special education" mean?
Under Rule 6A-6.03023(4), a student with autism spectrum disorder is eligible for ESE "if all of the following criteria are met":
(a) Evidence of all of the following:
1. Impairment in social interaction as evidenced by delayed, absent, or atypical ability to relate to individuals or the environment;
2. Impairment in verbal or nonverbal language skills used for social communication; and,
3. Restricted or repetitive patterns of behavior, interests, or activities.
(b) The core features identified in subparagraphs (4)(a)1., (4)(a)2., and (4)(a)3. of this rule, occur across settings.
(c) The student needs special education as defined in paragraph 6A-6.03411(1)(kk), F.A.C.
Part (c) is the step most often misunderstood. Rule 6A-6.03411(1)(kk) defines special education as "specially designed instruction, at no cost to the parents, to meet the unique needs of a student with a disability." Specially designed instruction, in turn, means "adapting, as appropriate to the needs of an eligible exceptional student, the content, methodology, or delivery of instruction to address the unique needs of the student that result from the student's disability" and to ensure access to the general curriculum (6A-6.03411(1)(jj)).
So the team asks two questions: does this child show the core features of autism across settings, and does this child need instruction adapted in content, method or delivery because of it? A child can meet the first and not the second, for example a student who is doing well academically and socially with no more than ordinary classroom support. In that case the school may decline ESE eligibility, and a Section 504 plan may still be possible.
Why isn't a medical diagnosis enough?
| Question | Medical or psychological diagnosis | School ESE eligibility (Rule 6A-6.03023) |
|---|---|---|
| Who decides | A licensed physician or psychologist, using DSM-5 criteria | A group of qualified professionals and the parent |
| Question asked | Does the person meet diagnostic criteria for autism? | Are the core features present across settings, and does the student need special education? |
| What it unlocks | Health insurance coverage for ABA under many plans; FES-UA scholarship eligibility | An IEP, specially designed instruction and related services from the district |
| Required parts | Set by the clinician and, for ABA, by the insurer | Six evaluation components listed in the rule |
The two systems serve different purposes, so they can reach different answers. Our article DSM-5 vs Florida law autism labels compares the definitions in more depth. A medical diagnosis still matters a great deal outside school: most insurers require it for ABA, and under s. 1002.394 a diagnosis from a Florida-licensed physician or psychologist can qualify a child for the FES-UA scholarship even without an IEP.
Will the school consider my child's private evaluation?
Yes, it should. When the team reviews existing data as part of an evaluation, Rule 6A-6.0331(8)(a) lists "Evaluations and information provided by the student's parents." Florida's procedural safeguards rule also says evaluations a parent obtains, including ones paid for privately, must be considered. "Considered" does not mean "adopted": the district still has to complete its own required components. See should you share your child's private evaluation for the pros and cons.
If you disagree with the school's evaluation, you may ask for an independent educational evaluation at public expense.
Does my child have to go through classroom interventions first?
Rule 6A-6.03023(2) says the general education intervention requirements in Rule 6A-6.0331(1) must be met before referral. But there are three important limits:
- Parent requests can run at the same time. If you ask for the evaluation, interventions can be "completed concurrently with the evaluation but prior to the determination of the student's eligibility" (6A-6.0331(3)(d)2.).
- Some students skip some steps. A team including the parent can decide certain intervention steps are not appropriate for a student with "severe social/behavioral deficits that require immediate intensive intervention to prevent harm to the student or others" (6A-6.0331(1)).
- Preschoolers are different. For children not yet in kindergarten, those classroom intervention steps are not required (6A-6.0331(2)).
What about young children and the Developmentally Delayed category?
Many autistic preschoolers are first made eligible under Florida's Developmentally Delayed category (Rule 6A-6.03027), which covers children three through nine who have not completed grade 2. A child who qualifies under that category can be reevaluated later under the autism rule. See Developmentally Delayed eligibility.
What happens after eligibility?
Parents "shall be invited and encouraged to participate as equal members" of the eligibility group, and the district must give you the evaluation report and eligibility paperwork at no cost (6A-6.0331(6)(a)). If your child is eligible, the IEP must be developed within 30 calendar days (Rule 6A-6.03028(3)(f)2.), and the district needs your written consent before services start. Read the next steps in our Florida IEP guide for autism.
If your child is found not eligible, ask for the decision and the reasons in writing, ask which criterion was not met, and consider a 504 plan, an independent evaluation or a facilitated IEP meeting. For advice about a specific dispute, talk with a Florida special education attorney or advocacy organization.
How Hope Center can help
A BCBA cannot diagnose autism, but ABA data on communication, social interaction and behavior across settings can be useful information for a school team, and our staff can join IEP and eligibility meetings where the school allows. Hope Center also offers diagnostic evaluations by our clinical director with a supervising licensed psychologist. To talk about your child, contact us or call 561-337-8865.