As a result of my August 2022 presentation to the COVD Study Group in Florida, I filed a complaint with the U.S. Department of Education Office of Special Education Programs (“OSEP”) regarding continuing violations of the IDEA by the Florida State Department of Education. On September 27, 2022, the Department replied, in pertinent part, as follows:

In your correspondence, you allege that, based on Florida Administrative Code 6A-6.03014, Local Education Agencies (LEAs) are denying eligibility for students with significant visual impairments. Specifically, you state that “[t]he Department has clearly articulated that a listing of medical criteria may not be a requirement for eligibility and yet, Florida persists in requiring one of... four criteria for eligibility.” In addition, you have requested that OSEP closely monitor FLDOE’s implementation of the Individuals with Disabilities Education Act (IDEA), including the provision of a free appropriate public education to children with visual impairment.

OSEP continued, “OSEP appreciates you bringing this matter to our attention. We are currently reviewing policies and procedures related to visual impairment for several States, including Florida. As part of this process, OSEP will determine whether Florida’s State rule is consistent with IDEA requirements. If noncompliance is identified, FLDOE will be notified, and corrective action will be required.”

You may recall that the IDEA defines visual impairment as, “an impairment in vision that, even with correction, adversely affects a child's educational performance.” 34 C.F.R. Sec. 300.8(c)(13). Parents and professionals have a golden opportunity to weigh in and provide examples of their students being denied eligibility for special education as a student with visual impairment by their public school system.

Regardless of whether or not you live in Florida, if your child has any kind of documented impairment in vision that adversely affects his or her educational performance (regardless of other criteria imposed by your school system), and was denied eligibility as a child with a visual impairment (whether they were found eligible under a different disability classification or denied eligibility), please provide documentation of this legal violation to OSEP as soon as possible.

Appropriate and helpful documentation should include (1) written results of vision-related evaluations, (2) educational impact of the vision problem such as test scores or report cards, and (3) eligibility meeting notes and/or other meeting results. OSEP Program Specialist Dwight Thomas is the designated recipient, and he can be reached by e-mail at dwight.thomas@ed.gov.

If you would like assistance in preparing your documentation, including a cover letter detailing the nature of the IDEA violation(s) involved, for proper consideration by OSEP, please feel free to contact me for assistance at (301) 401-1969 or mskotler1@gmail.com.