6A-6.03311: Procedural Safeguards for Students with Disabilities
PURPOSE AND EFFECT: The purpose of the rule development is to amend the civil action timeline in Florida rule to comply with the requirements of the Individuals with Disabilities Education Act, 20 U.S.C. §1415(i)(B). The current rule provides 30 days for a party aggrieved by a hearing officer’s decision to bring a civil action. The amended Rule will provide the full 90 days to bring an action, consistent with Federal law.
SUBJECT AREA TO BE ADDRESSED: Timelines relating to civil action.
SPECIFIC AUTHORITY: 1001.02(1)(2)(n), 1003.01(3)(a)(b), 1003.57(5) FS.
LAW IMPLEMENTED: 1001.42(4)(l), 1003.01(3)(a)(b), 1001.03(8), 1101.62(1)(c), 1003.57(5) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Matt Carson, Office of the General Counsel, Department of Education, 325 West Gaines Street, Room 1244, Tallahassee, Florida 32399-0400; 850-245-0442.
Requests for the rule development workshop should be addressed to Lynn Abbott, Agency Clerk, Department of Education, 325 West Gaines Street, Room 1514, Tallahassee, Florida 32399-0400.
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
6A-6.03311 Procedures Safeguards for Students with Disabilities.
Providing parents with information regarding their rights under this rule is critical to ensuring that they have the opportunity to be partners in the decisions regarding their children. It is also critical that local school boards provide information on these rights to appropriate district and school personnel so that the needs of the students with disabilities can be identified and appropriately met. Parents and school district personnel are encouraged to use methods such as mediation or the state complaint process described in subsections (5) and (6) of this rule respectively, to resolve disagreements regarding the provision of specially designed instruction and related services to students with disabilities. The establishment and maintenance of policies and procedures to ensure that students with disabilities, as defined in Section 1003.01(3)(a), Florida Statutes, and their parents are provided procedural safeguards with respect to the provision of a free appropriate public education is required in order for school boards to receive state and federal funds for the provision of specially designed instruction and related services to these students. The school board policy and procedures for procedural safeguards shall be set forth in accordance with Rule 6A-6.03411, F.A.C., and shall include adequate provisions for the following:
(1) through (11)(i) No change.
(j) Civil Action. A decision made in a hearing conducted under subsection (11) of this rule shall be final; unless, within ninety (90) thirty (30) days, a party aggrieved by the decision brings a civil action in federal district or state circuit court without regard to the amount in controversy, as provided in Section 1003.57(5), Florida Statutes.
Specific Authority 1001.02(1), (2)(n), 1003.01(3)(a), (b), 1003.57(5) FS. Law Implemented 1001.03(8), 1001.42(4)(l), 1003.01(3)(a), (b), 1003.57(5), 1011.62(1)(c) FS. History–New
Cf. P.L. 105-17, 20 USC 1414 and 1415