6147974, 6A-6.03011 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 6147974

Notice of Proposed Rule

Department:

DEPARTMENT OF EDUCATION

Division:

State Board of Education

Chapter:

SPECIAL PROGRAMS I

Overview

RULE:

6A-6.03011

Exceptional Student Education Eligibility for Students with Intellectual Disabilities

PURPOSE:

The purpose of the proposed revisions is to update rule language to reflect current knowledge and practice in the field and to conform the rule language to recent revisions made to Section 1003.01, Florida Statutes. The implementation of the eligibility criteria in the rule will ensure consistency with the requirements of the federal law, the Individuals with Disabilities Education Act (IDEA) 20 U.S.C. Chapter 33, and its implementing regulations. The effect of this revision will be to ensure implementation consistent with the federal requirements and current knowledge and practice in the field. The result will be more appropriate eligibility determinations.

SUMMARY:

The proposed rule title is changed from “Special Programs for Students Who Are Mentally Handicapped” to “Exceptional Student Education Eligibility for Students with Intellectual Disabilities.” Additionally, the proposed rule revision combines the currently established distinct eligibility categories of educable mentally handicapped, trainable mentally handicapped, and profoundly mentally handicapped into the single category of “intellectual disabilities.” This change will encourage schools to focus on the individual strengths and needs of the student while diminishing the effect the student’s “label” may have on educational decisions. Clarification of the definition of “developmental period” (prior to age 18) and “significantly below average” performance in the areas of intellectual and adaptive functioning and academic achievement is provided. This change is consistent with the currently accepted terminology and practice and conforms the rule language to statutory changes made to Section 1003.01, F.S.,”Definitions,” during the 2008 legislative session.

RULEMAKING AUTHORITY:

1001.02(1), (2)(n), 1001.42(4)(l), 1003.01(3)(a), (b), 1003.57 FS.

LAW:

1001.02(2)(n), 1003.01,(3)(a), (b), 1003.57, 1011.62(1)(c) FS.

PRINT PUBLISH DATE:

9/19/2008 Vol. 34/38

COMMENTS:

From 9/19/2008 To 10/10/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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