13712810, 6A-1.0943 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 13712810

Notice of Proposed Rule

Department:

DEPARTMENT OF EDUCATION

Division:

State Board of Education

Chapter:

FINANCE AND ADMINISTRATION

Overview

RULE:

6A-1.0943

Statewide Assessment for Students with Disabilities

PURPOSE:

The purpose of the proposed amendment is to conform the rule to statutory revisions.  The effect is a change of existing procedures with regard to consideration of an extraordinary exemption from participation in the statewide assessment program for some students with disabilities.

SUMMARY:

The proposed rule includes recently amended language based on revisions to Section 1008.22, Florida Statutes, Student assessment program for public schools,  and the creation of Section 1008.212, Florida Statutes, Students with disabilities; extraordinary exemption.  The proposed rule clarifies that the Florida Alternate Assessment which is administered to students with significant cognitive disabilities is a part of the state standardized assessment program. In addition, procedures for the submission of a request for an extraordinary exemption from participation in a statewide assessment for a student with a disability are revised based on the statutory requirements of Section 1008.212, Florida Statutes.  Individual educational plan (IEP) teams have the authority to recommend to a district school superintendent that a student with a disability be exempted from participation in a statewide standardized assessment because of specific circumstances or conditions as defined in rule and law that prevent the student from demonstrating the mastery of skills that have been acquired and are measured by a state standardized assessment. A learning, emotional, behavioral, or significant cognitive disability or the receipt of services through the homebound or hospitalized program in accordance with Rule 6A-6.03020, F.A.C., is not, in and of itself, an adequate criterion for the granting of an extraordinary exemption.  The IEP team must document specific information regarding the student as stipulated in both rule and law. This information must be provided to the Commissioner of Education by the district school superintendent at least 60 calendar days in advance of a specific assessment administration. If a parent disagrees with the IEP team’s recommendation, the parent must be provided with information regarding available dispute resolution methods. The Commissioner is required to verify the information submitted, make a determination to grant or deny the exemption, and notify the parent and the district school superintendent of the decision within 30 calendar days after the receipt of the district’s request. If the Commissioner grants the exemption, the student’s progress must be assessed in accordance with the goals established in the student’s IEP.

RULEMAKING AUTHORITY:

1003.428, 1003.571, 1008.212, 1008.22, Florida Statutes.

LAW:

1003.428, 1003.571, 1008.212, 1008.22, Florida Statutes.

PRINT PUBLISH DATE:

10/22/2013 Vol. 39/206

COMMENTS:

From 10/22/2013 To 11/12/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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