M.T. v. Agency for Persons With Disabilities

M.T., a young man diagnosed with Len-nox-Gastaut syndrome 1 and afflicted with seizures that are continuous and non-responsive to any known medical treatment, appeals a final order by Florida’s Agency for Persons with Disabilities (APD) and a hearing officer denying M.T.’s mother’s application (on M.T.’s behalf) for enrollment in APD’s Home and Community-Based Services Waiver Program (the “HOBS Waiver Program”). 2 We reverse.

Facts and Procedural History

M.T.’s mother applied for participation in the HOBS Waiver Program under the “intellectual disability” statutory definition, section…