Trusted Education Law Support For Students And Parents In Florida
Attorneys Mitch Teitelbaum And Jane Windsor

Advocating For Those On The Spectrum

Autism spectrum disorder (ASD) is a developmental disability caused by differences in the brain. Scientists do not know yet exactly what causes these differences for most people with ASD. However, some people with ASD have a known difference, such as a genetic condition. There are multiple causes of ASD, although most are not yet known.

We have represented a host of students in pursuing legal needs to obtain successful education. Autism is a complex diagnosis and a unique puzzle to solve. Educators often note that if you’ve seen one autistic student, you’ve seen one autistic student — because no two individuals on the spectrum are exactly alike. Discuss your goals with our knowledgeable attorneys at Windsor Law LLC.

The Diagnosed Conditions Of Autism Spectrum Disorder (ASD)

There is often nothing about how people with ASD look that sets them apart from other people, but they may communicate, interact, behave and learn in ways that are different from most other people. The learning, thinking and problem-solving abilities of people with ASD can range from gifted to severely challenged. Some people with ASD need a lot of help in their daily lives; others need less.

A diagnosis of ASD now includes several conditions that used to be diagnosed separately:

  • Autistic Disorder
  • Pervasive Developmental Disorder Not Otherwise Specified (PDD-NOS)
  • Asperger’s Syndrome

These conditions are now all called Autism Spectrum Disorder.

Understanding your child’s unique profile: Autism manifests across three distinct levels, and identifying a student’s specific level is essential to their academic framework. Because autism frequently impacts communication, we look closely at whether the student’s challenges involve pragmatic, receptive, or expressive language — or a combination of these clinical areas. This precise understanding serves as our starting point for securing appropriate services, reducing behavioral incidents, and helping the student learn alongside non-disabled peers in the least restrictive environment possible. We are uniquely qualified to assist parents and their children on the spectrum.

Work With A Lawyer Who Can Pursue Focused Help

To get an accurate diagnosis, you may need a team of specialists. Windsor Law LLC works with medical and educational experts to provide families with a comprehensive psychological and educational evaluation of the child. Often a developmental pediatrician can diagnose best. Additional testing may include an EEG or MRI Scan to see which part of the brain is not functioning normally. Each case is unique, and we will tailor the testing and our services to your needs.

ASD begins before the age of three and lasts throughout a person’s life, although symptoms may improve over time. Some children with ASD show hints of future problems within the first few months of life. In others, symptoms may not show up until 24 months or later. Some children with an ASD seem to develop normally until around 18 to 24 months of age and then they stop gaining new skills or they lose the skills they once had. Studies have shown that one-third to half of the parents of children with an ASD noticed a problem before their child’s first birthday, and nearly 80% to 90% saw problems by 24 months of age.

Symptoms Of ASD

It is important to note that some people without ASD might also have some of these symptoms. But for people with ASD, the impairments may make life very challenging.

A person with ASD might:

  • Not respond to their name by 12 months of age
  • Not point at objects to show interest (point at an airplane flying over) by 14 months
  • Not play “pretend” games (pretend to “feed” a doll) by 18 months
  • Avoid eye contact and want to be alone
  • Have trouble understanding other people’s feelings or talking about their own feelings
  • Have delayed speech and language skills
  • Repeat words or phrases over and over (echolalia)
  • Give unrelated answers to questions
  • Get upset by minor changes
  • Have obsessive interests
  • Flap their hands, rock their body or spin in circles
  • Have unusual reactions to the way things sound, smell, taste, look or feel

Regardless of the type of ASD a person has, there are ways to manage the disorder and improve learning skills. You may need a lawyer’s help to get your student’s school to work with you, so speak with us as soon as possible.

Common Questions About Autism And Florida School Support

When your child has autism, school support can involve outside providers, sensory needs and formal evaluations. The following answers explain several rights that may affect your child.

Can parents bring a private ABA therapist or Registered Behavior Technician (RBT) into a Florida public school classroom?

Yes. Florida law allows certain private providers to work with your child at school if they meet the legal rules. These providers can include qualified applied behavior analysis (ABA) professionals and Registered Behavior Technicians (RBTs).

The school must allow approved private personnel to observe your child, work with school staff and provide services at school. However, the principal and school staff may set the time and place for those services. The provider must also meet required background screening rules. These private services can support your child, but they do not replace the school district’s duties under federal special education law.

How are sensory processing accommodations documented in a Florida IEP?

Your child’s individualized education program (IEP) can list supports for sensory needs when those needs affect learning or access to school activities. The IEP team should tie each support to a specific problem your child faces at school.

For example, the team may consider changes to the classroom, scheduled breaks or other supports that help your child take part in class. Occupational therapy may also help when sensory needs affect school goals. Sensory issues alone do not always require school-based therapy. The team must look at whether those needs affect your child’s progress at school.

What can parents do if they disagree with a Florida school district’s ASD evaluation results?

If you disagree with the school district’s evaluation, you may ask for an independent educational evaluation (IEE) at public expense. An IEE gives your child an evaluation from a qualified professional who does not work for the school district.

After you make the request, the district must act without unnecessary delay. It must either provide the IEE at public expense or request a due process hearing to defend its own evaluation. The district may ask why you disagree, but it cannot make you explain your reason before it acts. You generally have a right to one publicly funded IEE for each school evaluation that you dispute.

Advocating For Improved Learning

Let us deal with the Florida school system, so you can have some peace of mind. Come into our Sarasota legal practice and meet with our approachable autism lawyers. Please call Windsor Law LLC at 941-487-7527 or contact us online.