Notice of Development of Rulemaking

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO: RULE TITLE
6A-6.03013: Exceptional Student Educational Eligibility for Students Who Are Deaf or Hard-of-Hearing
6A-6.030151: Exceptional Student Education Eligibility for Students Who Are Physically Impaired with Orthopedic Impairment
6A-6.030152: Exceptional Student Education Eligibility for Students Who Are Physically Impaired with Other Health Impairment
6A-6.030153: Exceptional Student Education Eligibility for Students Who Are Physically Impaired with Traumatic Brain Injury
6A-6.03016: Exceptional Student Education Eligibility for Students with Emotional/Behavioral Disabilities
6A-6.03022: Special Programs for Students who are Dual-Sensory Impaired
6A-6.03023: Exceptional Student Education Eligibility for Students With Autism Spectrum Disorder
6A-6.03027: Special Programs for Children Three Through Five Years Old who are Developmentally Delayed
6A-6.03028: Provision of Free Appropriate Public Education (FAPE) and Development of Individual Educational Plans for Students with Disabilities
6A-6.0331: General Education Intervention Procedures, Identification, Evaluation, Reevaluation and the Initial Provision of Exceptional Education Services
PURPOSE AND EFFECT: The purpose of rule development for Rules 6A-6.03013, 6A-6.030151, 6A-6.030152, 6A-6.030153, 6A-6.03016, 6A-6.03023, F.A.C., is to conform cross references to rules that have been recently revised and to include content related to evaluation procedures that are currently included in the ESE Policies and Procedures document in accordance with Rule 6A-6.03411, F.A.C. The effect will be rules that include applicable cross references, and improved access to information on the required content of evaluations for school district personnel and families. The purpose of rule development for Rule 6A-6.03022, F.A.C., is to conform cross references to a rule that has recently been revised and to delete a section of rule related to a funding methodology that is now obsolete. The effect will be a rule that includes applicable cross references and accurate content. The purpose of rule development for Rule 6A-6.03027, F.A.C., is to align requirements for general education interventions and activities prior to evaluation with Rule 6A-6.0331, F.A.C., which was recently revised. The effect will be the consistent alignment of requirements across these two rules. The purpose of rule development for Rule 6A-6.03028, F.A.C., is to change the requirement related to when an individual educational plan (IEP) team must give consideration to a student’s need for information and instruction in the area of self determination from age 16 to age 14. The effect will be earlier consideration of the student’s needs for skills that will support active participation in the development of the student’s IEP. The purpose of rule development for Rule 6A-6.0331, F.A.C., is to include a recent change in the Individuals with Disabilities Education Act (IDEA) with regard to revocation of parent consent. The effect will be policies and procedures that align with the requirements of IDEA.
SUBJECT AREA TO BE ADDRESSED: Evaluation procedures for students being determined as eligible students who are deaf or hard-of-hearing, orthopedically impaired, other health impaired, traumatic brain injured, emotionally/behaviorally disabled, or having an autism spectrum disorder; general education interventions and procedures prior to evaluation for children three through five years of age who are suspected of being developmentally delayed; reevaluation procedures for students with dual sensory impairment and obsolete funding methodology; requirements for consideration of instruction in self determination by IEP teams; and, revocation of parental consent.
SPECIFIC AUTHORITY: 1003.01, 1003.57, 1003.571 FS.
LAW IMPLEMENTED: 1003.01, 1003.57, 1003.571 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: September 2, 2009, 3:00 p.m.
PLACE: Via conference call: (866)372-5781; Conference ID #21683908. Anyone wishing to attend in person: Department of Education, 325 West Gaines Street, Room 605, Tallahassee, Florida, at the time provided above
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Bambi J. Lockman, Chief, Bureau of Exceptional Education and Student Services, 325 West Gaines Street, Suite 614, Tallahassee, Florida 32399; (850)245-0475. WRITTEN COMMENTS WILL BE ACCEPTED THROUGH SEPTEMBER 4, 2009

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

6A-6.03013 Exceptional Student Educational Eligibility for Students who are Deaf or Hard-of-Hearing.

(1) No change.

(2) General education interventions and activities. Activities prior to referral. Prior to referral for evaluation, the requirements in subsections 6A-6.0331(1)-(3), F.A.C., must be met.

(3) Evaluation. In addition to the provisions of subsection 6A-6.0331(5)(4), F.A.C., the evaluation for determining eligibility shall include all of the following: a student must also include the procedures identified in the district’s Policy 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.

(a) Audiological evaluation;

(b) Evaluation of developmental skills or academic achievement, including information on the student's academic strengths and weaknesses;

(c) Evaluation of social development;

(d) Evaluation of receptive and expressive communication; and,

(e) A comprehensive nonverbal assessment of intellectual functioning or developmental scales, if more appropriate, for children under age seven.

(4)(a) No change.

(b) The student needs special education as defined in paragraph 6A-6.03411(1)(kk)(c), F.A.C.

(5) Reevaluation shall occur at least every three (3) years and shall include at a minimum an audiological evaluation, and, if appropriate, any other formal evaluations addressed in the initial evaluation in accordance with subsection (3) of this rule.

(6)(5) A screening for Usher’s Syndrome shall be administered to each student who is deaf or hard-of-hearing at least once during grades 6-12.

Rulemaking Specific Authority 1000.01, 1001.42(4)(l)(1), 1003.01, 1003.57 FS. Law Implemented 1000.01, 1001.42(4)(l)(1), 1003.01, 1003.21, 1003.57(5), 1011.62(1)(c) FS. History–New 7-1-77, Amended 9-11-84, Formerly 6A-6.3013, Amended 7-1-94, 7-1-07,_________.

 

6A-6.030151 Exceptional Student Education Eligibility for Students Who are Physically Impaired with Orthopedic Impairment.

(1) Definition. Orthopedic impairment means a severe skeletal, muscular, or neuromuscular impairment. The term includes impairments resulting from congenital anomalies (e.g. including but not limited to skeletal deformity or spina bifida), and impairments resulting from other causes (e.g., including but not limited to cerebral palsy or amputations).

(2) General education interventions and activities. Activities prior to referral. Prior to referral for evaluation, the requirements in subsections 6A-6.0331(1)-(3), F.A.C., must be met.

(3) Evaluation. In addition to the provisions in subsection 6A-6.0331(5)(4), F.A.C., the evaluation for determining eligibility shall include all of the following: a student must also include the procedures identified in the district’s Policies and Procedures for the Provision of Specially Designed Instruction and Related Services as required by Rule 6A-6.03411, F.A.C.

(a) A report of a medical examination, within the previous twelve-month (12) period, from a physician(s) licensed in Florida in accordance with Chapter 458 or 459, Florida Statutes, who is qualified to assess the student’s orthopedic impairment. The physician’s report must provide a description of the impairment and any medical implications for instruction; and,

(b) An educational evaluation that identifies educational and environmental needs of the student.

(4) Criteria for eligibility. A student with an orthopedic impairment is eligible for exceptional student education, if the following criteria are met:

(a) Evidence of an orthopedic impairment that adversely affects the student’s performance in the educational environment in any of the following: ambulation, hand movement, coordination, or daily living skills, and

(b) The student needs special education as defined in paragraph 6A-6.03411(1)(kk)(c), F.A.C.

Rulemaking Specific Authority 1001.02(1), 1003.01, 1003.57(1)(e) FS. Law Implemented 1001.03, 1003.01(3), 1003.21(1), 1003.57(1)(e), 1011.62 FS. History–New 7-1-07, Amended________.

 

6A-6.030152 Exceptional Student Education Eligibility for Students Who are Physically Impaired with Other Health Impairment.

(1) Definition. Other health impairment means having limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that is due to chronic or acute health problems. This includes, but is not limited to, asthma, attention deficit disorder or attention deficit hyperactivity disorder, Tourette syndrome, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and acquired brain injury.

(2) General education interventions and activities. Activities prior to referral. Prior to referral for evaluation, the requirements in subsections 6A-6.0331(1)-(3), F.A.C., must be met.

(3) Evaluation. In addition to the provisions in subsection 6A-6.0331(5)(4), F.A.C., the evaluation for determining eligibility shall include all of the following: a student must also include the procedures identified in the district’s Policies and Procedures for the Provision of Specially Designed Instruction and Related Services as required by Rule 6A-6.03411, F.A.C.

(a) A report of a medical examination, within the previous twelve-month (12) period, from a physician(s) licensed in Florida in accordance with Chapter 458 or 459, Florida Statutes, who is qualified to assess the student’s health impairment. The physician’s report must provide a description of the impairment and any medical implications for instruction; and,

(b) An educational evaluation that identifies educational and environmental needs of the student.

(4) Criteria for eligibility. A student with other another health impairment is eligible for exceptional student education if the following criteria are met:

(a) Evidence of an other another health impairment that results in reduced efficiency in schoolwork and adversely affects the student’s performance in the educational environment, and

(b) The student needs special education as defined in paragraph 6A-6.03411(1)(kk)(c), F.A.C.

Rulemaking Specific Authority 1001.02(1), 1003.01, 1003.57(1)(e) FS. Law Implemented 1001.03, 1003.01(3), 1003.21(1), 1003.57(1)(e), 1011.62 FS. History–New 7-1-07, Amended_______.

 

6A-6.030153 Exceptional Student Education Eligibility for Students Who Are Physically Impaired with Traumatic Brain Injury.

(1) Definition. A traumatic brain injury means an acquired injury to the brain caused by an external physical force resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects educational performance. The term applies to mild, moderate, or severe, open or closed head injuries resulting in impairments in one (1) or more areas such as cognition, language, memory, attention, reasoning, abstract thinking, judgment, problem-solving, sensory, perceptual and motor abilities, psychosocial behavior, physical functions, information processing, or speech. The term includes anoxia due to trauma. The term does not include brain injuries that are congenital, degenerative, or induced by birth trauma.

(2) General education interventions and activities. Activities prior to referral. Prior to referral for evaluation, the requirements in subsections 6A-6.0331(1)-(3), F.A.C., must be met.

(3) Evaluation. In addition to the provisions in subsection 6A-6.0331(5)(4), F.A.C., the evaluation for determining eligibility shall include at a minimum the components identified in paragraphs (3)(a)-(c) of this rule: a student must also include the procedures identified in the district’s Policies and Procedures for the Provision of Specially Designed Instruction and Related Services as required by Rule 6A-6.03411, F.A.C.

(a) A report of medical examination, within the previous twelve-month (12) period from a physician(s) licensed in Florida in accordance with Chapter 458 or 459, Florida Statutes, who is qualified to assess the student’s traumatic brain injury. The physician’s report must provide a description of the traumatic brain injury and any medical implications for instruction;

(b) Documented evidence by more than one person, including the parent, guardian, or primary caregiver, in more than one situation. The documentation shall include evidence of a marked contrast of pre-and post-injury capabilities in one or more of the following areas: cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem solving; sensory, perceptual, and motor abilities, psychosocial behavior; physical functions; information processing or speech; and,

(c) An educational evaluation that identifies educational and environmental needs of the student.

(d) The evaluation may also include a neuropsychological evaluation when requested by the exceptional student education administrator or designee.

(4) Criteria for eligibility. A student with a traumatic brain injury is eligible for exceptional student education, if the following criteria are met:

(a) Evidence of a traumatic brain injury that impacts one or more of the areas identified in subsection (1) of this rule.

(b) The student needs special education as defined in paragraph 6A-6.03411(1)(kk)(c), F.A.C.

Rulemaking Specific Authority 1001.02(1), 1003.01, 1003.57(1)(e) FS. Law Implemented 1001.03, 1003.01(3), 1003.21(1), 1003.57(1)(e), 1011.62 FS. History–New 7-1-07, Amended_______.

 

6A-6.03016 Exceptional Student Education Eligibility for Students with Emotional/Behavioral Disabilities.

(1) No change.

(2) General education interventions and activities. Activities prior to referral. Prior to referral for evaluation, the requirements in subsections 6A-6.0331(1)-(3), F.A.C., must be met.

(3) Evaluation. In addition to the provisions in subsection 6A-6.0331(5)(4), F.A.C., the evaluation components include the following: for a student 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.

(a) The minimum components of the evaluation shall include all of the following:

1. A functional behavioral assessment (FBA) must be conducted. If a formal functional behavioral assessment has not been completed, one must be completed as part of the evaluation. If a FBA has already been conducted, it must be reviewed as a component of the evaluation and revised as needed, to assist in the development of individual interventions. The FBA must identify the conditions under which the behavior is most and least likely to occur, identify the functions of the student’s behavior, and document the student’s response to implemented interventions;

2. A social/developmental history compiled from a structured interview with the parent or guardian that addresses developmental, familial, medical/health, and environmental factors impacting learning and behavior, and which identifies the relationship between social/developmental and socio-cultural factors, and the presence or non-presence of emotional/behavioral responses beyond the school environment;

3. A psychological evaluation conducted in accordance with Rule 6A-6.0331, F.A.C. The psychological evaluation should include assessment procedures necessary to identify the factors contributing to the development of an emotional/behavioral disability, which include behavioral observations and interview data relative to the referral concerns, and assessment of emotional and behavioral functioning, and may also include information on developmental functioning and skills. The psychological evaluation shall include a review of evidence-based interventions that have already been implemented and the criteria used to evaluate their success; and,

4. A review of educational data which includes information on the student’s academic levels of performance, and the relationship between the student’s academic performance and the emotional/behavioral disability; additional academic evaluation may be completed if needed.

(b) A medical evaluation must be conducted when it is determined by the administrator of the exceptional student program or the designee that the emotional/behavioral responses may be precipitated by a physical problem.

(4)(a) through (c) No change.

(d) The student needs special education as defined in paragraph 6A-6.03411(1)(kk)(c), F.A.C.

(e) through (5) No change.

Rulemaking Specific Authority 1000.01, 1001.42(4)(l)(1), 1003.01, 1003.57 FS. Law Implemented 1000.01, 1001.42(4)(l)(1), 1003.01, 1003.57(5), 1011.62(1)(c) FS. History–New 7-1-77, Amended 10-23-79, 11-25-80, 1-6-83, 9-27-84, 3-10-85, Formerly 6A-6.3016, Amended 7-1-07,_________.

 

6A-6.03022 Special Programs for Students who are Dual-Sensory Impaired.

(1) through (3) No change.

(4) Re-evaluation. Re-evaluation shall occur at least every three (3) years and shall include a minimum of the evaluations required in paragraph (3)(b) of this rule, and any other evaluations specified by an evaluation specialist and an exceptional student teacher after examination of available information in all areas addressed in the initial evaluation or in subsequent re-evaluations of the student in accordance with subsections 6A-6.0331(7) and (8), subparagraph 6A-6.03411(2)(i)1., F.A.C. The medical aspect of re-evaluation for students with bilateralanophthalmia may be waived by a written recommendation of a physician.

(5) through (6) No change.

(7) Funding. Students eligible for programs for students with dual-sensory impairments may be reported for FTE generation purposes at the weight for profoundly handicapped students any time they are served in classes with other handicapped students.

Rulemaking Specific Authority 1000.01, 1001.42(4)(l)(1), 1003.01, 1003.57, 1011.62(1)(c) FS. Law Implemented 1000.01, 1001.42(4)(l)(1), 1003.01, 1003.21, 1003.57(5), 1011.62(1)(c) FS. History–New 7-2-79, Formerly 6A-6.3022, Amended 10-3-91,_________.

 

6A-6.03023 Exceptional Student Education Eligibility for Students with Autism Spectrum Disorder.

(1) Definition. Students with Autism Spectrum Disorder. Autism Spectrum Disorder is defined to be a range of pervasive developmental disorders that adversely affects a student's functioning and results in the need for specially designed instruction and related services. Autism Spectrum Disorder is characterized by an uneven developmental profile and a pattern of qualitative impairments in social interaction, communication, and the presence of restricted repetitive, and/or stereotyped patterns of behavior, interests, or activities. These characteristics may manifest in a variety of combinations and range from mild to severe. Autism Spectrum Disorder may include Autistic Disorder, Pervasive Developmental Disorder Not Otherwise Specified, Asperger’s Disorder, Aspergers Syndrome, or other related pervasive developmental disorders.

(2) General education interventions and activities. Activities prior to referral. Prior to referral for evaluation the requirements in subsections 6A-6.0331(1)-(3), F.A.C., must be met.

(3) Evaluation. In addition to the procedures identified in subsection 6A-6.0331(5)(4), F.A.C., the evaluation components include the following: 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.

(a) The minimum components of the evaluation shall include all of the following:

1. Documented and dated behavioral observations conducted by members of the evaluation team targeting social interaction, communication skills, and stereotyped patterns of behavior, interests, or activities, across settings. General education interventions and activities conducted prior to referral may be used to meet this criterion, if the activities address the elements identified in this subparagraph;

2. A comprehensive social/developmental history compiled with the parents(s) or guardian(s) that addresses the core features of autism spectrum disorder;

3. A comprehensive psychological evaluation to identify present levels of performance and uneven patterns of development in language, social interaction, adaptive behavior, and cognitive skills; and,

4. A comprehensive speech/language evaluation.

(b) Medical information provided shall be considered.

(4) Criteria for eligibility. A student with Autism Spectrum Disorder is eligible for exceptional student education if all of the following criteria are met:

(a) Evidence of all of the following:

1. Uneven developmental profile as evidenced by inconsistencies across or within the domains of language, social interaction, adaptive behavior, and/or cognitive skills; and

2. Impairment in social interaction as evidenced by delayed, absent, or atypical ability to relate to people or the environment; and

3. Impairment in verbal and/or nonverbal language or social communication skills, and

4. Restricted repetitive, and/or stereotyped patterns of behavior, interests, or activities; and

(b) The student needs special education as defined in paragraph 6A-6.03411(1)(kk)(c), F.A.C.

Rulemaking Specific Authority 1000.01, 1001.42(4)(l)(1), 1003.01, 1003.57, 1011.62(1)(c) FS. Law Implemented 1000.01, 1001.42(4)(l)(1), 1003.21, 1003.57(5), 1011.62(1)(c) FS. History– New 7-2-79, Formerly 6A-6.3023, Amended 7-1-07,_________.

 

6A-6.03027 Special Programs for Children Three Through Five Years Old who are Developmentally Delayed.

(1) No change.

(2) Criteria for eligibility. A child is eligible for the special program for children who are developmentally delayed when the following criteria are met:

(a) The child is three (3) through five (5) years of age.

(b) Documentation of one of the following:

1. A score of two (2) standard deviations (SD) below the mean or a twenty-five (25) percent delay on measures yielding scores in months in at least one (1) area of development; or

2. A score of 1.5 standard deviations (SD) below the mean or a twenty (20) percent delay on measures yielding scores in months in at least two (2) areas of development; or

3. Based on informed clinical opinion, the eligibility staffing committee makes a recommendation that a developmental delay exists and exceptional student education services are needed.

(c) The eligibility staffing committee in accordance with subsection paragraph 6A-6.0331(6)(2)(b), F.A.C., has made a determination concerning the effects of the environment, cultural differences, or economic disadvantage.

(3) General education intervention activities and procedures prior to initial evaluation for prekindergarten children shall be in accordance with subsections (1) and (2) of Rule 6A-6.0331, F.A.C. Procedures for referral. Before a child is referred for evaluation, the following activities shall occur:

(a) A review of existing social, psychological, and medical data with referral for a health screening when need is indicated; and

(b) A screening for vision, hearing, and communication functioning with referral for complete evaluations when need is indicated.

(4) Procedures for evaluation.

(a) Delay is documented by a multidisciplinary team in accordance with paragraph 6A-6.0331(2)(c), F.A.C., utilizing multiple measures of assessment which include:

1. Standardized instruments, judgement based assessments, criterion referenced instruments, systematic observation, functional skills assessments, or other procedures selected in consultation with the parent(s); or

2. Informed clinical opinion utilizing qualitative and quantitative information to determine the need for early intervention services; and

3. Parent report which can confirm or modify information obtained and describe behavior in environments that the district may not be able to access.

(b) When a developmental delay cannot be verified by the use of standardized instruments, the delay(s) may be established through observation of atypical a typical functioning in any one (1) or more of the developmental areas. A report shall be written documenting the evaluation procedures used, the results obtained, the reasons for overriding those results from standardized instruments, and the basis for recommending eligibility.

(5) Instructional program.

(a) As appropriate, the The family support plan or individual educational plan (IEP) shall be developed through interagency collaboration with the family and other providers of services to the child and family and in accordance with Rules 6A-6.03026, 6A-6.03028, and 6A-6.03029, F.A.C.

(b) Because of the rapid development of young children, on-going observations and assessments shall be conducted as needed to plan for family support plans or IEP modifications.

(6) Continued eligibility. Continued eligibility for special programs shall be determined before the child is six (6) years old.

Rulemaking Specific Authority 1000.01, 1001.42(4)(l), 1001.62(1)(c), 1003.01(3), 1003.57 229.053(1), (2)(i), 230.23(4)(m), 232.01(1)(e), 236.081(1)(c) FS. Law Implemented 1000.01, 1001.42(4)(l), 1001.62(1)(c), 1003.01(3), 1003.57 228.041(18), (19), 232.01(1)(e), 229.053(2)(i), 230.23(4)(m), 236.081(1)(c) FS. History– New 7-13-93, Amended_________.

 

6A-6.03028 Provision of Free Appropriate Public Education (FAPE) and Development of Individual Educational Plans for Students with Disabilities.

(1) through (3)(h)8. No change.

9. In order to ensure quality transition planning and services, IEP Teams shall begin the process of identifying transition services needs of students with disabilities, to include consideration of the student’s need for instruction or the provision of information in the area of self-determination to assist the student to be able to actively and effectively participate in IEP meetings and self-advocate, beginning no later than age fourteen (14), so that needed postsecondary goals may be identified and in place by age sixteen (16).

10. Beginning not later than the first IEP to be in effect when the student turns sixteen (16), or younger, if determined appropriate by the IEP Team and updated annually:

a. A statement of appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills and the transition services (including courses of study) needed to assist the student in reaching those goals.

b. Consideration of instruction or the provision of information in the area of self-determination to assist the student to be able to actively and effectively participate in IEP meetings and self-advocate, if appropriate.

b.c. If a participating agency responsible for transition services, other than the school district, fails to provide the transition services described in the IEP, the school district shall reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the student set out in the IEP. However, this does not relieve any participating agency, including Division of Vocational Rehabilitation Services, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency.

11.10. Beginning at least one (1) year before the student’s eighteenth (18th) birthday, a statement that the student has been informed of his or her rights under Part B of the IDEA, if any, that will transfer from the parent to the student on reaching the age of majority, which is eighteen (18) years of age.

(i) through (t) No change.

Rulemaking Specific Authority 1001.02(1), (2)(n), 1003.01(3)(a), (b), 1003.57 FS. Law Implemented 1001.42(4)(l), 1003.01(3)(a), (b), 1003.57, 1011.62(1)(c), (e), 1001.03(8) FS. History–New 7-13-93, Amended 10-17-04, 12-22-08,_________.

 

6A-6.0331 General Education Intervention Procedures, Identification, Evaluation, Reevaluation and the Initial Provision of Exceptional Education Services.

Introductory paragraph – No change.

(1) through (9)(d) No change.

(e) If, at any time subsequent to the initial provision of special education and related services, the parent of a student revokes consent in writing for the continued provision of special education and related services, the school district may not continue to provide special education and related services to the student, but must provide prior written notice before ceasing the provision of special education and related services. The school district may not use mediation or due process hearing procedures in order to obtain agreement or a ruling that the services may be provided to the student.

(f) If a parent of a student revokes consent in writing for the continued provision of special education and related services, the school district:

1. Will not be considered to be in violation of the requirement to make FAPE available to the student for its failure to provide the student with further special education and related services; and

2. Is not required to convene an IEP Team meeting or develop an IEP for the student for further provision of special education and related services.

(g) If a parent of a student with a disability revokes consent in writing for their child’s receipt of special education services after the initial provision of special education and related services to the student, the school district is not required to amend the student’s education records to remove any references to the student’s receipt of special education and related services because of the revocation of consent.

Rulemaking Specific Authority 1001.02(1), (2), (n), 1003.01(3)(a), (b), 1003.57, 1003.571 FS. Law Implemented 1001.42(4)(l), 1003.01(3)(a), (b), 1001.02(2)(n), 1003.57, 1003.571 FS. History New 6-17-74, Repromulgated 12-5-74, Amended 7-1-77, 3-28-78, 7-12-78, 8-31-78, 11-29-78, 10-7-81, 7-13-83, 6-2-85, Formerly 6A-6.331, Amended 7-13-93, 1-2-95, 9-20-04, 12-22-08,_________.