Notice of Proposed Rule

DEPARTMENT OF EDUCATION
Florida School for the Deaf and the Blind
RULE NO.: RULE TITLE:
6D-3.0021: Individual Educational Plan
6D-3.0022: Independent Educational Evaluation
6D-3.0023: Protection in Evaluation Procedures
6D-3.003: Due Process Procedures
6D-3.004: Impartial Review and Appeal
6D-3.005: Assignment of Surrogate Parents
6D-3.006: Access to and Confidentiality of Student Records
6D-3.007: Provision of Non-Academic and Extracurricular Services and Activities
6D-3.008: Discrimination Complaint Procedures for Student Access
6D-3.010: Confidentiality of Information
PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendment will be to repeal rules identified during a comprehensive rule review as duplicative, unnecessarily burdensome, or no longer necessary.
SUMMARY: Elimination of Rules 6D-3.0021, 3.0022, 3.0023, 3.003, 3.004, 3.005, 3.006, 3.007, 3.008, and 3.010, F.A.C., identified during the comprehensive rule review as duplicative, unnecessarily burdensome, or no longer necessary. The sections proposed for repeal are either advisory in nature, repeat statutory provisions, duplicate requirements found in other rules of the agency, or are based on statutory authority that no longer exists.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed repeals remove unnecessary or outdated language. There are no costs associated with removing these sections, and in some cases costs may be reduced.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 1002.36(4)(c) FS.
LAW IMPLEMENTED: 1002.36(4)(e) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Friday, August 24, 2012, 9:00 a.m.
PLACE: Center for Leadership Development, Moore Hall, Florida School for the Deaf and the Blind, 207 N. San Marco Avenue, St. Augustine, FL 32084
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 3 days before the workshop/meeting by contacting: Cindy Day, (904)827-2221. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Cindy Day, (904)827-2221

THE FULL TEXT OF THE PROPOSED RULE IS:

6D-3.0021 Individual Education Plan.

Rulemaking Specific Authority 1002.36(4)(c) FS. Law Implemented 1002.36(4)(d) FS. History–New 5-5-87, Amended 9-16-93, Amended 3-25-96, Amended 3-22-04, Repealed_________.

 

6D-3.0022 Individual Education Evaluation.

Rulemaking Specific Authority 242.331(3) FS. Law Implemented 120.53(1)(b), 242.331(4) FS. History–New 5-5-87, Amended 9-16-93, Repealed_________.

 

6D-3.0023 Protection in Evaluation Procedures.

Rulemaking Specific Authority 242.331(3) FS. Law Implemented 120.53(1)(b), 229.053(2)(i), (j), 242.331(4) FS. History–New 5-5-87, Repealed_________.

 

6D-3.003 Due Process Procedures.

Rulemaking Specific Authority 242.331(3) FS. Law Implemented 120.53(1)(c), 242.331(4) FS. History–New 4-5-79, Amended 9-8-85, Transferred from 6D-3.03, Amended 5-5-87, Amended 4-12-90, Amended 4-4-93, Repealed_________.

 

6D-3.004 Impartial Review and Appeal.

Rulemaking Specific Authority 120.53 (1)(b), 242.331(3) FS. Law Implemented 120.53(1)(b), 242.331(4) FS. History–New 4-5-79, Amended 9-8-85, Transferred from 6D-3.04, Repealed_________.

 

6D-3.005 Assignment of Surrogate Parents.

Rulemaking Specific Authority 120.53(1)(a), 242.331(3) FS. Law Implemented 120.53(1)(b), 242.331(4) FS. History–New 1-28-80, Amended 9-8-85, Transferred from 6D-3.05, Repealed_________.

 

6D-3.006 Access to and Confidentiality of Student Records.

Rulemaking Specific Authority 120.53 (1)(b), 242.331(3) FS. Law Implemented 120.53(1)(b), 242.331(4) FS. History–New 1-28-80, Amended 9-8-85, Transferred from 6D-3.06, Repealed_________.

 

6D-3.007 Provision of Non-Academic and Extracurricular Services and Activities.

Rulemaking Specific Authority 1002.36(4)(d) FS. Law Implemented 1002.36(4)(d) FS. History–New 1-28-80, Transferred from 6D-3.07, Amended 3-22-04, Repealed________.

 

6D-3.008 Discrimination Complaint Procedures for Student Access.

Rulemaking Specific Authority 1002.36(4)(c) FS. Law Implemented 1002.36(4)(d) FS. History–New 6-2-81, Transferred from 6D-3.08, Amended 1-19-04, Repealed_________.

 

6D-3.010 Confidentiality of Information.

Rulemaking Specific Authority 242.331(3) FS. Law Implemented 242.331(4), 228.093(3)(d) FS. History–New 4-29-91, Amended 10-28-93, Repealed_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Cindy Day, Executive Director of Parent Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Trustees, Florida School for the Deaf and the Blind
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 27, 2012