12503705, 6A-6.03026 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 12503705

Notice of Proposed Rule

Department:

DEPARTMENT OF EDUCATION

Division:

State Board of Education

Chapter:

SPECIAL PROGRAMS I

Overview

RULE:

6A-6.03026	Eligibility Criteria for Prekindergarten Children with Disabilities
6A-6.03030	Exceptional Student Education Eligibility for Infants or Toddlers Birth Through Two Years Old who have Established Conditions
6A-6.03031	Exceptional Student Education Eligibility for Infants and Toddlers Birth Through Two Years Old who are Developmentally Delayed

PURPOSE:

The purpose of this rule amendment is to revise Rule 6A-6.03026, Florida Administrative Code (F.A.C.), for the purpose of conforming references and rule titles to revised rules and to remove obsolete and redundant language. The effect will be a rule that includes accurate references. Additionally, the rule is being revised to clarify that an individual educational plan team may recommend that a child with a disability who is eligible for public kindergarten in accordance with Section 1003.21, Florida Statutes, may continue to receive services in the prekindergarten program for one additional year. While presently permitted in rule, there is no specific limitation with regard to the amount of time this is allowed. The draft language also stipulates that the parent or guardian must be informed of the implications of remaining in the prekindergarten program for an additional year. The effect will be increased parental awareness and understanding of the implications of such a decision.
Rules 6A-6.03030 and 6A-6.03031, F.A.C., are being revised to ensure that procedures and practices for evaluating and determining eligibility for infants and toddlers with established conditions conform to the policies of the Department of Health, Children’s Medical Services, Early Steps program. The Department of Health, Children’s Medical Services is the lead agency for early intervention services provided to infants and toddlers with disabilities through Part C of the Individuals with Disabilities Education Act (IDEA). In collaboration with Early Steps, school districts may provide early intervention services for eligible infants and toddlers with disabilities. The effect will be rules that align with the definitions and requirements of the Department of Health.

SUMMARY:

With regard to Rule 6A-6.03026, F.A.C., the title is proposed for amendment; the proposed title deletes reference to “Special Programs.” The language in proposed Rule 6A-6.03026, F.A.C., is updated to reflect consistency with related State Board of Education rules. References to “hearing impaired, “trainable mentally handicapped,” “profoundly handicapped,” “physically impaired,” and “emotionally handicapped” will be deleted since these terms are obsolete. Current terminology is referenced. This proposed rule updates language related to “determination for eligibility and procedures for evaluation” and removes redundant language related to “instructional programs” to reflect consistency and accuracy with related State Board of Education rules.  References to the development of individual educational plans (IEP) and individualized family support plans (IFSP) have been removed since this information is found in other rules.  The proposed rule clarifies procedures related to the provision of an additional year in the prekindergarten disabilities program. There has been no specific limitation with regard to the amount of time a prekindergarten student with disabilities was allowed to remain in prekindergarten.  The proposed change clarifies that an IEP or IFSP team may recommend that a child with a disability who is of kindergarten age may receive one additional year of instruction in the prekindergarten classroom.  It also stipulates that the parent or guardian must be informed in writing of the implications of an additional year in the prekindergarten classroom. The funding section related to prekindergarten children with disabilities has been deleted as the language is now obsolete. 
The rule titles for Rules 6A-6.03030 and 6A-6.03031, F.A.C., no longer reference “Special Programs” and “Children.” The proposed Rules 6A-6.03030 and 6A-6.03031, F.A.C., describe the criteria for eligibility for exceptional student education by providing accurate references to other State Board of Education rules and the eligibility criteria for infants and toddlers with established conditions or developmental delays as stipulated in the Department of Health, Children’s Medical Services, Early Steps Handbook and Operations Guide, Component 3, “First Contacts/Evaluation/Assessment.” Redundant language related to procedures for eligibility has been removed. 
The Department of Health, Children’s Medical Services is the lead agency for early intervention services provided to infants and toddlers with disabilities through Part C of the Individuals with Disabilities Education Act (IDEA). In collaboration with Early Steps, school districts may provide early intervention services for eligible infants and toddlers with disabilities. The effect will be rules that align with the definitions and requirements of the Department of Health.

RULEMAKING AUTHORITY:

1001.02, 1003.01, 1003.21, 1003.57, Florida Statutes.

LAW:

1003.01, 1003.21, 1003.57, Florida Statutes.

PRINT PUBLISH DATE:

1/14/2013 Vol. 39/09

COMMENTS:

From 1/14/2013 To 2/4/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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