6A-6.03012: Special Programs for Students Who Are Speech and Language Impaired
6A-6.030121: Exceptional Education Eligibility for Students with Language Impairments.
6A-6.03018: Special Programs for Students with Specific Learning Disabilities
PURPOSE AND EFFECT: The purpose of these rule development workshops is to ensure that the programs for students who have specific learning disabilities or who are speech or language impaired are consistent with the amendments to the federal law, the Individuals with Disabilities Education Act (IDEA) 20 U.S.C. Chapter 33, and its implementing regulations and/or to update rule language to reflect current knowledge in the field. The effect of these rule developments will be the promulgation of rules which will be consistent with the federal requirements and current knowledge in the field.
SUBJECT AREA TO BE ADDRESSED: Federal and state requirements for programs for students who have specific learning disabilities or who are speech or language impaired to include the definition, criteria for eligibility, student evaluation, and determination of eligibility as applicable to each of these programs. Additionally the rule related to language impairments addresses the requirements for speech-language associates.
SPECIFIC AUTHORITY: 1001.02(1), 1003.57(1) FS.
LAW IMPLEMENTED: 1001.03, 1003.57(1), 1003.01(3), 1011.62(1)(c) FS., Individuals with Disabilities Education Act 20
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: 10:00 a.m. – 1:00 p.m., February 1, 2008; 10:00 a.m. – 1:00 p.m., February 7, 2008; 10:00 a.m. – 1:00 p.m., February 8, 2008; 10:00 a.m. – 1:00 p.m.; February 15, 2008
PLACE: February 1, 2008 – Florida Department of Education, 325 West Gaines Street, Room 1721, Tallahassee, FL 32399; (850)245-0478
February 7, 2008 – Florida Diagnostic and Learning Resources Center/Manhattan Center, 4210 W. Bay Villa Avenue, Tampa, FL 33611; (813)837-7777
February 8, 2008 – Fullerwood Center, 10 Hildreth Drive, St. Augustine, FL 32084; (904)819-3947
February 15, 2008 – Nob Hill Hall at Soccer Club Park, 10400 Sunset Strip, Sunrise, FL 33322; (754)321-2205
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 7 days before the workshop/meeting by contacting: Cathy Bishop, Bureau of Exceptional Education and Student Services, (850)245-0478, or via electronic mail at cathy.bishop@fldoe.org. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Bambi Lockman, Chief, Bureau of Exceptional Education and Student Services, Florida Department of Education, 325 West Gaines Street, Room 601, Tallahassee, Florida 32399-0400, (850)245-0475
Written comments regarding the preliminary text of the proposed rules will be accepted through February 25, 2008
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
(Substantial rewording of Rule 6A-6.03012 follows. See Florida Administrative Code for present text).
6A-6.03012 Special Programs Exceptional Education Eligibility for Students Who are Speech and Language Impaired with Speech Impairments.
(1) Definitions. Speech impairments are defined as disorders of speech sounds, fluency, or voice that interfere with communication, adversely affect performance and/or functioning in the educational environment, and result in the need for specially designed instruction and related services.
(a) Speech sound disorder. A speech sound disorder is a phonological or articulation disorder that is evidenced by the atypical production of speech sounds characterized by substitutions, distortions, additions, and/or omissions that interferes with intelligibility. A speech sound disorder is not primarily the result of factors related to age, culture, gender, or ethnicity.
1. Phonological disorder. A phonological disorder is impairment in the system of phonemes and phoneme patterns within the context of spoken language.
2. Articulation disorder. An articulation disorder is characterized by difficulty in the articulation of speech sounds that may be due to a motoric or structural problem.
(b) Fluency disorder. A fluency disorder is characterized by deviations in continuity, smoothness, rhythm, and/or effort in spoken communication. It may be accompanied by excessive tension and secondary behaviors, such as struggle and avoidance. A fluency disorder is not primarily the result of factors related to age, culture, gender, or ethnicity.
(c) Voice disorder. A voice disorder is characterized by the atypical production and/or absence of vocal quality, pitch, loudness, resonance, and/or duration of phonation that that are not primarily the result of factors related to age, culture, gender, or ethnicity.
(2) Activities prior to referral. Prior to referral for evaluation, the requirements in Rule 6A-6.0331, F.A.C., must be met.
(3) Evaluation. In addition to the procedures identified in Rule 6A-6.0331, F.A.C., the evaluation also must include the procedures identified in the district’s Policies and Procedures for the Provision of Specially Designed Instruction and Related Services for Exceptional Students as required by Rule 6A-6.03411, F.A.C. In addition, minimum student evaluations shall include the following:
(a) Speech evaluation. A speech sound evaluation must include the following:
1. Information must be gathered from the student’s parent(s) or guardian(s), teacher(s), and the student, when appropriate, regarding the concerns and description of speech characteristics. This may be completed through a variety of methods, including, but not limited to, interviews, checklists, and/or questionnaires.
2. Documented and dated observations of the student’s speech characteristics must be conducted to examine the student’s speech characteristics during connected speech or conversation. Activities conducted prior to referral may be used to meet this criterion.
3. An examination of the oral mechanism structure and function must be conducted.
4. One or more standardized, norm-referenced instruments designed to measure speech sound production must be administered to determine type and severity of speech sound errors and whether the errors are articulation (phonetic) and/or phonological (phonemic) in nature.
5. An assessment of stimulability must be conducted to examine the student’s ability to produce a correct or improved production of a misarticulated sound.
(b) Fluency evaluation must reflect a multidimensional process and must include the following:
1. An assessment of all of the following areas:
a. Motor aspects of the speech behaviors,
b. Student’s attitude regarding the speech behaviors,
c. Social impact of the speech behaviors, and
d. Educational impact of the speech behaviors.
2. Information must be gathered from the student’s parent(s) or guardian(s), teacher(s), and the student, when appropriate, to address the areas identified in subparagraph (3)(b)1. of this rule. This may be completed through a variety of methods, including, but not limited to, interviews, checklists, and/or questionnaires.
3. Documented and dated observations of the student’s speech and secondary behaviors must be conducted in more than one setting, including the educational setting. Activities conducted prior to referral may be used to meet this criterion, if the activities address the areas identified in subparagraph (3)(b)1. of this rule.
4. An examination of the oral mechanism structure and function must be conducted.
5. A speech sample of a minimum of 200 syllables must be collected and analyzed to determine frequency, duration, and type of dysfluent speech behaviors.
(c) Voice evaluation must include all of the following:
1. Information must be gathered from the student’s parent(s) or guardian(s), teacher(s), and the student, when appropriate, regarding the concerns and description of voice characteristics. This may be completed through a variety of methods, including, but not limited to, interviews, checklists, and/or questionnaires.
2. Documented and dated observations of the student’s voice characteristics must be conducted. Activities conducted prior to referral may be used to meet this criterion.
3. An examination of the oral mechanism structure and function must be conducted.
4. A report of a medical examination of laryngeal structure and function conducted by a physician licensed to practice in Florida, to include a description of the state of the vocal mechanism and any medical implications for therapeutic intervention.
(4) Criteria for eligibility. A student is eligible for special programs for speech impairments if the student meets the following criteria as determined by the procedures prescribed in this rule and Rules 6A-6.0331 and 6A-6.03411, F.A.C. A student with a speech impairment is eligible for exceptional student education if the student meets all of the eligibility criteria for one or more of the following disorders:
(a) Speech sound disorder. A student with a speech sound disorder is eligible for exceptional student education if there is evidence, based on evaluation results, of a significant phonological and/or articulation disorder that is characterized by the atypical production of speech sounds. The atypical production of speech sounds may be characterized by substitutions, distortions, additions, and/or omissions. Evaluation results must reveal all of the following:
1. The speech sound disorder must have a significant impact on the student’s intelligibility, although the student may be intelligible to familiar listeners or within known contexts.
2. The student’s phonetic or phonological inventory must be significantly below that expected for his or her chronological age or developmental level based on normative data.
3. The student’s sound errors must not be readily stimulable.
4. The speech sound disorder must have an adverse effect on the student’s ability to perform and/or function in the educational environment, thereby demonstrating the need for specially designed instruction and related services. It also may have an effect on the student’s attitude and/or social/emotional development.
5. The speech sound disorder is not primarily the result of factors related to age, culture, gender, or ethnicity.
(b) Fluency disorder. A student with a fluency disorder is eligible for exceptional student education if there is evidence, based on evaluation results, of significant and persistent interruptions in the rhythm or rate of speech. Evaluation results must reveal all of the following:
1. The student must exhibit significant and persistent dysfluent speech behaviors on a consistent basis. The dysfluency may include, but not be limited to, repetition of phrases, whole words, syllables, and phonemes, prolongations, blocks, and circumlocutions. Additionally, secondary behaviors, such as struggle and avoidance, may be present.
2. The fluency disorder must have an adverse effect on the student’s ability to perform and/or function in the educational environment, thereby demonstrating the need for specially designed instruction and related services. It also may have an effect on the student’s attitude and/or social/emotional development.
3. The dysfluency is not primarily the result of factors related to age, culture, gender, or ethnicity.
(c) Voice disorder. A student with a voice disorder is eligible for exceptional student education if there is evidence, based on evaluation results, of significant and persistent atypical voice characteristics. Evaluation results must reveal all of the following:
1. The student must exhibit significant and persistent atypical production of quality, pitch, loudness, resonance, and/or duration of phonation. The atypical voice characteristics may include, but not be limited to, inappropriate range, inflection, loudness, excessive nasality, breathiness, hoarseness, and/or harshness.
2. The voice disorder does not refer to vocal disorders that are found to be the direct result or symptom of a medical condition unless the disorder adversely affects the student’s ability to perform and/or function in the educational environment and is amenable to improvement with therapeutic intervention.
3. The voice disorder must have an adverse effect on the student’s ability to perform and/or function in the educational environment, thereby demonstrating the need for specially designed instruction and related services. It also may have an effect on the student’s attitude and/or social/emotional development.
4. The atypical voice characteristics are not primarily the result of factors related to age, culture, gender, or ethnicity.
Specific Authority 1012.44, 1012.55, 1012.56 FS. Law Implemented 1001.42(1) FS. History–New 7-1-77, Amended 7-13-83, Formerly 6A-6.3012, Amended 8-1-88, 9-17-01,_________
6A-6.030121 Exceptional Education Eligibility for Students with Language Impairments.
(1) Definition. Language impairments are defined as disorders of language that interfere with communication, adversely affect performance and/or functioning in the educational environment, and result in the need for specially designed instruction and related services.
(a) A language impairment is defined as a disorder in one or more of the basic processes involved in understanding or in using spoken and/or written language. These include:
1. Phonology. Phonology is defined as the sound systems of a language and the rules that govern the sound combinations;
2. Morphology. Morphology is defined as the system that governs the internal structure of words and the construction of word forms;
3. Syntax. Syntax is defined as the system governing the order and combination of words to form sentences, and the relationships among the elements within a sentence;
4. Semantics. Semantics is defined as the system that governs the meanings of words and sentences; and/or
5. Pragmatics. Pragmatics is defined as the system that combines language components in functional and socially appropriate communication.
(b) The language impairment may manifest in significant difficulties affecting listening comprehension, oral expression, social interaction, reading, writing, and/or spelling. A language impairment is not primarily the result of factors related to age, culture, gender, ethnicity, or limited English proficiency.
(2) Activities prior to referral for students in kindergarten through grade twelve. In addition to the requirements in Rule 6A-6.0331, F.A.C., and in order to ensure that the decreased performance and/or functioning of a student suspected of having a language impairment is not due to lack of appropriate instruction, the parents and group of qualified professionals must consider the following:
(a) Data that demonstrate that the student was provided appropriate instruction delivered by qualified personnel in general education settings; and
(b) Data-based documentation of repeated measures of performance and/or functioning at reasonable intervals, graphically reflecting the student’s response to intervention during instruction, must be provided to the student’s parent(s).
(3) Evaluation procedures for children in prekindergarten. In addition to the procedures identified in Rule 6A-6.0331, F.A.C., the evaluation also must include the procedures identified in the district’s Policies and Procedures for the Provision of Specially Designed Instruction and Related Services for Exceptional Students as required by Rule 6A-6.03411, F.A.C. In addition, the minimum evaluation for a prekindergarten child shall include the following:
(a) Information gathered from the child’s parent(s) or guardian(s) and others as appropriate, such as teacher(s), service providers, and caregivers regarding the concerns and description of language skills. This may be completed through a variety of methods, including, but not limited to, interviews, checklists, and/or questionnaires.
(b) Documented and dated observations of the child’s language skills must be conducted in one or more setting(s). Settings may include, but are not limited, to the home environment and/or classroom. Observations may be conducted by various individuals, including, but not limited to, the speech-language pathologist, psychologist, teacher, and/or parent(s).
(c) One or more standardized norm-referenced instruments designed to measure language skills must be administered and interpreted by a speech-language pathologist to determine the nature and severity of the language deficits. If the evaluator is unable to administer a norm-referenced instrument, a scientific, research-based alternative instrument may be used. Rationale for use of an alternative instrument must be provided in the evaluation report.
(4) Evaluation procedures for students in kindergarten through grade twelve.
(a) The school district must promptly request parental consent to conduct an evaluation to determine if the student needs specially designed instruction and related services described in Rule 6A-6.0331, F.A.C., in the following circumstances:
1. If, prior to a referral, the student has not made adequate progress after an appropriate period of time when provided appropriate instruction and intense, individualized interventions; or
2. If prior to a referral, intensive interventions are demonstrated to be effective but require sustained and substantial effort that may include the provision of specially designed instruction and related services; and
3. Whenever a referral is made to conduct an evaluation to determine the student’s need for specially designed instruction and related services and the existence of a disability.
(b) In addition to the procedures identified in Rule 6A-6.0331, F.A.C., the evaluation must also include the procedures identified in the district's Policies and Procedures for the Provision of Specially Designed Instruction and Related Services for Exceptional Students as required by Rule 6A-6.03411, F.A.C. The evaluation must adhere to the timeframe required by Rule 6A-6.03411, F.A.C., unless extended by mutual agreement of the student's parents and a group of qualified professionals. In addition, minimum student evaluations shall include the following:
1. Information gathered from the student’s parent(s) or guardian(s), teacher(s), and the student, when appropriate, regarding the concerns and a description of language skills. This may be completed through a variety of methods, including, but not limited to, interviews, checklists, and/or questionnaires.
2. Documented and dated observations of the student’s language skills must be conducted in one or more setting(s).
3. One or more standardized norm-referenced instruments designed to measure language skills must be administered and interpreted by a speech-language pathologist to determine the nature and severity of the language deficits. If the evaluator is unable to administer a norm-referenced instrument, a scientific, research-based alternative instrument may be used. Rationale for use of an alternative instrument must be provided in the evaluation report.
If any of these evaluation components were conducted during activities prior to referral, they may be used to meet these criteria.
(5) Criteria for eligibility for prekindergarten children. A prekindergarten child is eligible for special programs for language impairments if the child meets all of the following criteria as determined by the procedures prescribed in this rule and Rules 6A-6.0331 and 6A-6.03411, F.A.C.:
(a) There is evidence, based on evaluation results, of significant deficits in language. The impairment may manifest in significant difficulties affecting listening comprehension, oral expression, social interaction, and/or emergent literacy skills, such as vocabulary development, phonological awareness, and narrative concepts. It also may have an effect on the student’s attitude and/or social/emotional development.
(b) Documented and dated behavioral observations reveal significant language deficits that interfere with performance and/or functioning in the educational environment.
(c) Results of standardized norm-referenced instruments reveal a significant language deficit in one or more of the areas listed in subsection (1) of this rule, as evidenced by standard score(s) significantly below the mean. If the evaluator is unable to administer a norm-referenced instrument and an alternative scientific, research-based instrument is administered, the instrument must reveal a significant language deficit in one or more areas listed in subsection (1) of this rule. Significance of the deficit(s) must be determined and based on specifications in the manual of the instrument(s) utilized for evaluation purposes.
(d) Information gathered from the child’s parent(s) or guardian(s), teacher(s), service providers, and/or caregivers, as well as information revealed through the language sample, must support the results of the standardized instruments and observations conducted.
(e) The language impairment must have an adverse effect on the student’s ability to perform and/or function in the educational environment, thereby demonstrating the need for specially designed instruction and related services.
(f) The language impairment is not primarily the result of age, gender, ethnicity, culture, or Limited English proficiency.
(6) Criteria for eligibility for students in kindergarten through grade twelve.
(a) The determination of whether a student suspected of having a language impairment is a student who demonstrates a need for specially designed instruction and related services and meets the eligibility criteria must be made by the student’s parents and a team of qualified professionals, which, in addition to those required by Rule 6A-6.0331, F.A.C., must include the following:
1. The student’s general education teacher; if the student does not have a general education teacher, a general education teacher qualified to teach a student of his or her chronological age; and
2 . A speech-language pathologist and other professionals, as appropriate, such as a school psychologist or reading specialist, qualified to conduct and interpret individual diagnostic examinations of students.
(b) The student’s parent(s) and group of qualified professionals may determine that a student has a language impairment if there is evidence of all of the following:
1. Due to deficits in the student’s language skills, the student does not perform and/or function adequately for the student's chronological age or to meet State-approved grade-level standards in one or more of the following areas, when provided with learning experiences and instruction appropriate for the student's chronological age or grade:
a. Oral expression;
b. Listening comprehension;
c. Social interaction;
d. Written expression;
e. Phonological processing;
f. Reading comprehension.
2. Evidence of a language impairment is documented, based on a comprehensive language evaluation including all evaluation components as specified in paragraph (4)(b). Evaluation results must reveal all of the following:
a. Documented and dated behavioral observations reveal significant language deficits that interfere with performance and/or functioning in the educational environment.
b. Results of standardized norm-referenced instruments reveal a significant language deficit in one or more of the areas listed in subsection (1) of this rule, as evidenced by standard score(s) significantly below the mean. If the evaluator is unable to administer a norm-referenced instrument and an alternative scientific, research-based instrument is administered, the instrument must reveal a significant language deficit in one or more areas listed in subsection (1). Significance of the deficit(s) must be determined and based on specifications in the manual of the instrument(s) utilized for evaluation purposes.
c. Information gathered from the student’s parent(s) or guardian(s), teacher(s), and the student must support the results of the standardized instruments and observations conducted.
3. Due to deficits in the student’s language skills, the student does not make sufficient progress to meet chronological age or State-approved grade-level standards in one or more of the areas identified in subparagraph (6)(b)1. of this rule when using a process based on the student's response to scientific, research-based intervention; and
4. The group determines that its findings under subparagraph (6)(b)1.-2. of this rule are not primarily the result of age, culture, gender, ethnicity, irregular patterns of attendance, or limited English proficiency.
(c) Specific documentation for the eligibility determination. For a student suspected of having a language impairment, the documentation of the determination of eligibility must include the following information:
1. The student’s response to intervention data confirms all of the following:
a. Performance/functioning discrepancies. The student displays significant discrepancies in level of performance and/or functioning based on multiple sources as compared to typical peers or expectations at the peer subgroup, classroom, school, district, and/or state level for the chronological age or grade level in which the student is enrolled; and
b. Rate of progress. The student's rate of progress indicates that when provided with effective implementation of appropriate research-based instruction and interventions of reasonable intensity and duration, the rate of progress is insufficient and/or requires sustained and substantial effort to close the gap with typical peers or expectations for the chronological age or grade level in which the student is currently enrolled; and
c. Educational need. The student's educational need is evidenced by a continued need for interventions that significantly differ in intensity and duration from what can be provided solely through educational resources and services currently in place, thereby demonstrating a need for specially designed instruction and related services due to the adverse effect of the language impairment on the student’s ability to perform and/or function in the educational environment.
2. Evidence of a language impairment, based on the results of a comprehensive language evaluation, including all evaluation components as specified in paragraph (4)(b) of this rule. Documentation of the evaluation results must include statements revealing the evidence of the language impairment as specified in paragraph (6)(b) of this rule.
3. The educationally relevant medical findings, if any;
4. The determination of the student's parents and group of qualified professionals concerning the effects of age, culture, gender, ethnicity, patterns of irregular attendance, or limited English proficiency on the student’s performance and/or functioning; and
5. Documentation based on data derived from a process that assesses the student’s response to scientific, research-based intervention including:
a. Documentation of the specific interventions used, the intervention support provided, the duration of intervention implementation (e.g., number of weeks, minutes per week, sessions per week), and the student-centered data collected; and
b. Documentation that the student’s parent(s) were notified about the state's policies regarding the amount and nature of student performance and/or functioning data that would be collected and the educational resources and services that would be provided; interventions for increasing the student’s rate of progress; and the parental right to request an evaluation.
(7) Speech-language services.
(a) A speech-language pathologist shall be a member of any eligibility staffing committee reviewing speech and language evaluation data and shall be involved in the development of the individual educational plan for students eligible for speech and language services.
(b) Speech-language services shall be provided by a speech-language pathologist, pursuant to Rule 6A-4.0176, F.A.C., a licensed speech-language pathologist pursuant to Section 468.1185,
(c) Speech-language associate.
1. Speech-language services provided by a speech-language associate, as specified in Rule 6A-4.01761, F.A.C., must be under the direction of a certified or licensed speech-language pathologist with a master’s degree or higher. Services under this subsection can be provided for a period of three (3) years as described in Section 1012.44,
2. Districts shall submit a plan to the Department of Education for approval before implementation of Rule 6A-4.01761, F.A.C. The components of the plan must include a description of:
a. The model, specifying the type and amount of direction including, but not limited to, direct observation, support, training, and instruction;
b. The rationale for using this model;
c. The manner in which the associate will be required to demonstrate competency;
d. The process for monitoring the quality of services;
e. The process for measuring student progress; and
f. The manner in which the speech-language associate will meet the requirements of the annual district professional development plan for instructional personnel.
Specific Authority 1012.44, 1012.55, 1012.56 FS. Law Implemented 1001.42(1) FS. History–New_________.
(Substantial rewording of Rule 6A-6.03018 follows. See Florida Administrative Code for present text).
6A-6.03018 Exceptional Education Eligibility Special Programs for Students with Specific Learning Disabilities.
(1) Definition. A specific learning disability is defined as a disorder in one or more of the basic learning processes involved in understanding or in using language, spoken or written, that may manifest in significant difficulties affecting the ability to listen, speak, read, write, spell, and/or to do mathematics. Associated conditions include, but are not limited to, perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, dyscalculia, dysgraphia, and developmental aphasia. A specific learning disability does not include learning problems that are primarily the result of visual, hearing, or motor disabilities, intellectual disability, emotional/behavioral disability, limited English proficiency, or of environmental, cultural, or economic factors.
(2) General education intervention procedures and activities prior to requesting an eligibility determination. In addition to the requirements in Rule 6A-6.0331, F.A.C., and in order to ensure that lack of academic progress is not due to lack of appropriate instruction, the group must consider:
(a) Data that demonstrate that the student was provided appropriate instruction delivered by qualified personnel in general education settings; and
(b) Data-based documentation of repeated measures of achievement at reasonable intervals, graphically reflecting student’s response to intervention during instruction, must be provided to the student’s parent(s).
(3) Evaluation. The student evaluation procedures shall include the following:
(a) The school district must promptly request parental consent to conduct an evaluation to determine if the student needs specially designed instruction as described in Rule 6A-6.0331, F.A.C., in the following circumstances:
1. If, prior to a referral, the student has not made adequate progress after an appropriate period of time when provided appropriate instruction and intense, individualized interventions; or
2. If, prior to referral, intensive interventions are demonstrated to be effective but require sustained and substantial effort that may include the provision of specially designed instruction and related services; and
3. Whenever a referral is made to conduct an evaluation to determine the student’s need for specially designed instruction and the existence of a disability.
(b) In addition to the procedures identified in Rule 6A-6.0331, F.A.C., the evaluation must also include the procedures identified in the district’s Policies and Procedures for the Provision of Specially Designed Instruction and Related Services for Exceptional Students as required by Rule 6A-6.03411, F.A.C. The evaluation must adhere to the timeframe required by Rule 6A-6.03411, F.A.C., unless extended by mutual written agreement of the student’s parents and a group of qualified professionals.
(4) Additional members of the multidisciplinary team. The determination of whether a student suspected of having a specific learning disability is a student who demonstrates a need for specially designed instruction and related services and meets the eligibility criteria must be made by the student’s parents and a team of qualified professionals, which, in addition to those required by Rule 6A-6.0331, F.A.C., must include the following:
(a) The student’s general education teacher; if the student does not have a general education teacher, a general education teacher qualified to teach a student of his or her chronological age; and
(b) At least one person qualified to conduct and interpret individual diagnostic examinations of students, such as a school psychologist, speech-language pathologist, or reading specialist.
(5) Criteria for eligibility. A student is eligible for special programs for specific learning disabilities if the student meets all of the following criteria as determined by the procedures prescribed in Rules 6A-6.0331 and 6A-6.03411, F.A.C.
(a) In determining whether a student needs specially designed instruction and has a specific learning disability, the team must:
1. Use information from an observation in routine classroom instruction and monitoring of the student’s performance that was completed before referral for an evaluation; or
2. Have at least one member of the eligibility team conduct an observation of the student’s academic performance in the student’s least restrictive academic setting after referral for an evaluation and parental consent has been obtained to determine the relationship between the student’s classroom behavior and academic performance.
3. In the case of a student out of school, a group member must observe the student in an environment appropriate for a student of that chronological age.
(b) The student’s parent(s) and group of qualified professionals may determine that a student has a specific learning disability if there is evidence of the following:
1. The student does not achieve adequately for the student's chronological age or to meet State-approved grade-level standards in one or more of the following areas, when provided with learning experiences and instruction appropriate for the student’s chronological age or grade:
a. Oral expression;
b. Listening comprehension;
c. Written expression;
d. Basic reading skills;
e. Reading fluency skills;
f. Reading comprehension;
g. Mathematics calculation; and/or
h. Mathematics problem solving.
2. The student does not make sufficient progress to meet chronological age or State-approved grade-level standards in one or more of the areas identified in subparagraph (5)(b)1. of this rule when using a process based on the student's response to scientific, research-based intervention; and
3. The group determines that its findings under paragraphs (a) and (b) of this section are not primarily the result of the following:
a. A visual, hearing, or motor disability;
b. Intellectual disability;
c. Emotional/behavioral disability;
d. Cultural factors;
e. Irregular pattern of attendance and/or high mobility rate;
f. Classroom behavior;
g. Environmental or economic factors; or
h. Limited English proficiency.
(c) For a student suspected of having a specific learning disability, the documentation of the determination of eligibility, as required in 34 CFR §300.306(a)(2), must include the following information:
1. The basis for making the determination, including an assurance that the determination has been made in accordance with 34 CFR §300.306(c)(1);
2. The relevant behavior, if any, noted during the observation of the student and the relationship of that behavior to the student’s academic functioning;
The educationally relevant medical findings, if any;
4. Whether the student has a specific learning disability as evident by response to intervention data confirming the following:
a. Performance discrepancy. The student displays significant discrepancies in level of academic performance based on multiple sources as compared to typical peers and/or academic expectations at the peer subgroup, classroom, school, district, and/or state level for the chronological age or grade level in which the student is enrolled consistent with 34 CFR §300.309(a)(1); and
b. Rate of progress. When provided with effective implementation of appropriate research-based general education instruction and interventions of reasonable intensity and duration, the student’s rate of progress is insufficient and/or requires sustained and substantial effort to close the achievement gap with typical peers and/or academic expectations for the chronological age or grade level in which the student is currently enrolled consistent with 34 CFR §300.309(a)(2)(i); and
c. Educational need. The student continues to need interventions that significantly differ in intensity and duration from what can be provided solely through general education resources.
5. The determination of the group concerning the effects of a visual, hearing, or motor disability; intellectual disability; emotional/behavioral disability; cultural factors; environmental or economic factors; an irregular pattern of attendance and/or high mobility rate; classroom behavior; or limited English proficiency on the student’s achievement level; and
6. Documentation based on data derived from a process that assesses the student’s response to scientific, research-based intervention including:
a. Documentation of the specific instructional interventions used, the intervention support provided, the duration and frequency of intervention implementation (e.g. number of weeks, minutes per week, sessions per week), and the student-centered data collected; and
b. Documentation that the student’s parent(s) were notified about the state's policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided; interventions for increasing the student’s rate of progress; and the parental right to request an evaluation.
7. The signature of each group member certifying that the report reflects the member’s conclusion. If it does not reflect the member’s conclusion, the group member must submit a separate statement presenting the member's conclusions.
Specific Authority 1000.01, 1001.42(4)(1), 1003.57 FS. Law Implemented 1000.01, 1001.42(4)(1), 1003.57(5), 1011.62(1)(c) FS. History–New 7-1-77, Amended 7-2-79, 7-14-82, Formerly 6A-6.3018, Amended 1-11-94,__________.