6A-6.03012: Special Programs for Students Who Are Speech and Language Impaired
6A-6.030121: Exceptional Education Eligibility for Students with Language Impairments.
PURPOSE AND EFFECT: The purpose of this rule development is to revise Rule 6A-6.03012, F.A.C., to address evaluation and eligibility procedures for students suspected of having a speech impairment; revise procedures consistent with current practices in the field; and clarify the responsibilities and qualifications for speech-language pathologists providing speech services and to establish new Rule 6A-6.030121, F.A.C., to address evaluation and eligibility procedures for students suspected of having a language impairment; establish procedures consistent with current practices in the field; and clarify the responsibilities and qualifications for speech-language pathologists providing language services. The effect will be rules that reflect current practices in the field of speech/language pathology to improve identification of, and services to, students in need of exceptional education services.
SUBJECT AREA TO BE ADDRESSED: Definitions, general education activities and intervention, evaluation and eligibility criteria for students suspected of having a speech or language impairment; responsibilities of the speech-language pathologist related to eligibility and individual educational plan meetings; qualifications for speech-language pathologists; requirements for districts when services are provided by a speech-language associate.
SPECIFIC AUTHORITY: 1003.01(3), 1003.57, 1012.44 FS.
LAW IMPLEMENTED: 1003.01(3), 1003.57, 1012.44 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: August 31, 2009, 3:00 p.m. – 4:45 p.m.
PLACE: Via conference call – (866)372-5781, Conference Code 21588745; 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 Lockman, Chief, Bureau of Exceptional Education and Student Services, Division of Public Schools, 325 West Gaines Street, Suite 614, Tallahassee, FL 32399; (850)245-0475
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 Exceptional Education Eligibility for Students with Speech Impairments and Qualifications and Responsibilities for the Speech-Language Pathologists Providing Speech Services.
(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 exceptional student education 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 interfere with intelligibility. A speech sound disorder is not primarily the result of factors related to age, gender, culture, ethnicity, or limited English proficiency.
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, gender, culture, ethnicity, or limited English proficiency.
(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 are not primarily the result of factors related to age, gender, culture, ethnicity, or limited English proficiency.
(2) General education procedures and activities. Prior to referral for evaluation, the requirements in subsection (1) of Rule 6A-6.0331, F.A.C., related to general education procedures for kindergarten through grade twelve (12) students, and subsection (2) of Rule 6A-6.0331, F.A.C., related to procedures prior to initial evaluation for prekindergarten children, must be met.
(3) Evaluation. In addition to the procedures identified in subsection (5) of Rule 6A-6.0331, F.A.C., the minimum student evaluation shall include all of the following:
(a) Speech evaluation. A speech sound 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 speech characteristics. This may be completed through a variety of methods including interviews, checklists, and/or questionnaires;
2. Documented and dated observation(s) of the student’s speech characteristics must be conducted by the speech-language pathologist to examine the student’s speech characteristics during connected speech or conversation. Observation(s) conducted prior to obtaining consent for evaluation may be used to meet this criterion;
3. An examination of the oral mechanism structure and function must be conducted; and,
4. One or more standardized, norm-referenced instruments designed to measure speech sound production must be administered to determine the type and severity of the speech sound errors and whether the errors are articulation (phonetic) and/or phonological (phonemic) in nature.
(b) Fluency evaluation. A fluency evaluation must reflect a multidimensional process and 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, to address the areas identified in subparagraph (3)(b)4. of this rule. This may be completed through a variety of methods including interviews, checklists, and/or questionnaires;
2. Documented and dated observations of the student’s speech and secondary behaviors must be conducted by the speech-language pathologist in more than one setting, including the typical learning environment. Observations conducted prior to obtaining consent for evaluation may be used to meet this criterion, if the activities address the areas identified in subparagraph (3)(b)4. of this rule;
3. An examination of the oral mechanism structure and function must be conducted;
4. 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.
5. A speech sample of a minimum of 300-500 words must be collected and analyzed to determine frequency, duration, and type of dysfluent speech behaviors. If the speech-language pathologist is unable to obtain a speech sample of a minimum of 300-500 words, a smaller sample may be collected and analyzed. The evaluation report must document the rationale for collection and analysis of a smaller sample, the results obtained, and the basis for recommendations.
(c) Voice evaluation. A 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 interviews, checklists, and/or questionnaires;
2. Documented and dated observation(s) of the student’s voice characteristics must be conducted by the speech-language pathologist in more than one setting, including the typical learning environment. Observation(s) conducted prior to obtaining consent for evaluation may be used to meet this criterion;
3. An examination of the oral mechanism structure and function must be conducted; and,
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 as a student with a speech impairment in need of exceptional student education if the student meets the following criteria in one or more of the following disorders as determined by the procedures prescribed in this rule and Rule 6A-6.0331, F.A.C.
(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 sound(s). The atypical production of speech sound(s) 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 speech sound disorder must have an adverse effect on the student’s ability to achieve and/or function in the student’s typical learning environment, thereby demonstrating the need for exceptional student education services; and,
4. The speech sound disorder is not primarily the result of factors related to age, gender, culture, ethnicity, or limited English proficiency.
(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. The dysfluency may include 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 achieve and/or function in the educational environment, thereby demonstrating the need for exceptional student education services; and,
3. The dysfluency is not primarily the result of factors related to age, gender, culture, ethnicity, or limited English proficiency.
(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 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 achieve 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 achieve and/or function in the educational environment, thereby demonstrating the need for exceptional student education services; and,
4. The atypical voice characteristics are not primarily the result of factors related to age, gender, culture, ethnicity, or limited English proficiency.
(5) Speech services.
(a) A speech-language pathologist shall be a member of any eligibility staffing committee reviewing speech evaluation data.
(b) A speech-language pathologist shall be involved in the development of the individual educational plan for students eligible for speech services, whether as special education or as a related service for an otherwise eligible student with a disability.
(c) Speech 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, Florida Statutes, or a speech-language associate, pursuant to Rule 6A-4.01761, F.A.C.
(d) Speech-language associate.
1. Speech 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 can be provided for a period of three (3) years as described in Section 1012.44, Florida Statutes, in districts that qualify for the sparsity supplement as described in Section 1011.62(7), Florida Statutes.
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, 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.
Rulemaking Specific Authority 1003.01(3), 1003.57(1)(e), 1012.44 FS. Law Implemented 1003.01(3), 1003.57(1)(e), 1012.44 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 and Qualifications and Responsibilities for the Speech-Language Pathologists Providing Language Services.
(1) Definition. Language impairments are defined as disorders of language that interfere with communication, adversely affect performance and/or functioning in the student’s typical learning environment, and result in the need for exceptional student education services.
(a) A language impairment is defined as a disorder in one or more of the basic learning 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, gender, culture, ethnicity, or limited English proficiency.
(2) Procedures prior to initial evaluation for prekindergarten children. Prior to initial evaluation, the requirements in subsection 6A-6.0331(2), F.A.C., must be met.
(3) Evaluation procedures for children in prekindergarten. In addition to the procedures identified in subsection (5) of Rule 6A-6.0331, F.A.C., the minimum evaluation for a prekindergarten child shall include all of 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 interviews, checklists, and/or questionnaires;
(b) One or more documented and dated observation(s) of the child’s language skills must be conducted by the speech-language pathologist in one or more setting(s), which must include the child’s typical learning environment or an environment or situation appropriate for a child of that chronological age; and,
(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 speech-language pathologist is unable to administer a norm-referenced instrument, a scientific, research-based alternative instrument may be used. The evaluation report must document the evaluation procedures used, including the rationale for use of an alternative instrument, the results obtained, and the basis for recommendations.
(4) Criteria for eligibility for prekindergarten children. A prekindergarten child is eligible as a student with a language impairment in need of exceptional student education if all of the following criteria are met:
(a) There is evidence, based on evaluation results, of significant deficits in language. The impairment may manifest in significant difficulties affecting one or more of the following areas:
1. Listening comprehension;
2. Oral expression;
3. Social interaction; or
4. Emergent literacy skills (e.g., vocabulary development, phonological awareness, narrative concepts).
(b) One or more documented and dated behavioral observation(s) reveals significant language deficits that interfere with performance and/or functioning in the typical learning environment;
(c) Results of standardized norm-referenced instrument(s) reveal a significant language deficit in one or more of the areas listed in paragraph (1)(a) 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 paragraph (1)(a) 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 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 achieve and/or function in the typical learning environment, thereby demonstrating the need for exceptional student education services; and,
(f) The language impairment is not primarily the result of factors related to age, gender, culture, ethnicity, or limited English proficiency.
(5) General education intervention procedures and activities 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, a group of qualified professionals must consider:
(a) Data that demonstrate that the student was provided well-delivered scientific, research based instruction and interventions addressing the identified area(s) of concern and delivered by qualified personnel in general education settings; and
(b) Data-based documentation, which was provided to the student’s parent(s) or guardian(s), of repeated measures of performance and/or functioning at reasonable intervals, graphically reflecting the student’s response to intervention during instruction.
(c) General education activities and interventions conducted prior to initial evaluation in accordance with subsection (1) of Rule 6A-6.0331, F.A.C., may be used to satisfy the requirements of subsection (5) of this rule.
(6) Evaluation procedures for students in kindergarten through grade twelve.
(a) The school district must promptly request parental or guardian consent to conduct an evaluation to determine if the student needs exceptional student education services in the following circumstances:
1. Prior to obtaining consent for evaluation, the student has not made adequate progress after an appropriate period of time when provided appropriate instruction and intense, individualized interventions; or
2. Prior to obtaining consent for evaluation, intensive interventions are demonstrated to be effective but require sustained and substantial effort that may include the provision of exceptional student education services; and
3. Whenever a referral is made to conduct an evaluation to determine the student’s need for exceptional student education services and the existence of a disability.
(b) In addition to the procedures identified in subsection (5) of Rule 6A-6.0331, F.A.C., minimum student evaluation shall include all of 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 interviews, checklists, and/or questionnaires;
2. Documented and dated observation(s) of the student’s language skills must be conducted by the speech-language pathologist 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 speech-language pathologist is unable to administer a norm-referenced instrument, a scientific, research-based alternative instrument may be used. The evaluation report must document the evaluation procedures used, including the rationale for use of an alternative instrument, the results obtained, and the basis for recommendations. With the exception of the observation required by sub-subparagraph (7)(a)3.d. of this rule, if any of these evaluation components were conducted prior to obtaining consent for evaluation, they may be used to meet these criteria.
(7) Criteria for eligibility for students in kindergarten through grade twelve. A student meets the eligibility criteria as a student with a language impairment in need of exceptional student education if all of the following criteria are met:
(a) Evidence of a language impairment. The student’s parent(s) or guardian(s) and a group of qualified personnel may determine that a student has a language impairment if there is evidence of each of the following:
1. Due to deficits in the student’s language skills, the student does not achieve and/or function adequately for the student's chronological age or to meet state-approved grade-level standards pursuant to Rule 6A-1.09401, F.A.C., 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; or,
f. Reading comprehension.
2. 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 pursuant to Rule 6A-1.09401, F.A.C., in one or more of the areas identified in subparagraph (7)(a)1. of this rule when using a process based on the student’s response to scientific, research-based intervention;
3. Evidence of a language impairment is documented, based on a comprehensive language evaluation, including all evaluation components as specified in paragraph (6)(b) of this rule. Evaluation results must reveal all of the following:
a. Documented and dated observations reveal significant language deficits that interfere with performance and/or functioning in the educational environment;
b. Results of standardized norm-referenced instrument(s) reveal a significant language deficit in one or more of the areas listed in paragraph (1)(a) 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 paragraph (1)(a) 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;
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; and,
d. When a language impairment is due to a deficit in pragmatic language and cannot be verified by the use of standardized instrument(s), the language impairment may be established through the results of subparagraphs (6)(b)1. and 2. of this rule, and at least one additional observation conducted by the speech-language pathologist subsequent to obtaining consent for evaluation as part of a comprehensive language evaluation. The evaluation report must document the evaluation procedures used, including the rationale for overriding results from standardized instruments, the results obtained, and the basis for recommendations. The information gathered from the student’s parent(s) or guardian(s), teacher(s), and the student must support the results of the observation(s) conducted; and,
4. The group determines that its findings under paragraph (7)(a) of this rule are not primarily the result of factors related to age, gender, culture, ethnicity, or limited English proficiency.
(b) Members of the group determining eligibility. The determination of whether a student suspected of having a language impairment is a student who demonstrates a need for exceptional student education services and meets the eligibility criteria must be made by the student’s parent(s) or guardian(s) and a team of qualified professionals, which, in addition to those required by Rule 6A-6.0331, 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; and,
3. The district administrator of exceptional student education or designee.
(8) Documentation of determination of eligibility. For a student suspected of having a language impairment, the documentation of the determination of eligibility must include a written summary of the group’s analysis of the data that incorporates all of the following information:
(a) The basis for making the determination, including an assurance that the determination has been made in accordance with subsection (6) of Rule 6A-6.0331, F.A.C.;
(b) Noted behavior during the observation of the student and the relationship of that behavior to the student’s academic functioning;
(c) The educationally relevant medical findings, if any;
(d) Whether the student has a language impairment as evidenced by response to intervention data confirming the following:
1. Performance and/or functioning discrepancies. The student displays significant discrepancies, for the chronological age or grade level in which the student is enrolled, in level of performance and/or functioning based on multiple sources of data when compared to multiple groups of typical peers or expectations at the peer subgroup, classroom, school, district, and/or state level comparison groups; and,
2. Rate of progress. When provided with effective implementation of appropriate research-based instruction and interventions of reasonable intensity and duration with evidence of implementation fidelity, the student’s rate of progress is insufficient 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,
3. Educational need. The student continues to need 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 exceptional student education services due to the adverse effect of the language impairment on the student’s ability to achieve and/or function in the educational environment.
(e) The determination of the student's parent(s) or guardian(s) 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,
(f) Documentation based on data derived from a process that assesses the student’s response to well-delivered scientific, research-based instruction and interventions including:
1. Documentation of the specific instructional interventions used, the intervention support provided to the individuals implementing interventions, adherence to the critical elements of the intervention design and delivery methods, the duration of intervention implementation (e.g., number of weeks, minutes per week, sessions per week), and the student-centered data collected; and,
2. Documentation that the student’s parent(s) or guardian(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 or guardian right to request an evaluation.
(9) Language services.
(a) A speech-language pathologist shall be a member of any eligibility staffing committee reviewing language evaluation data.
(b) A speech-language pathologist shall be involved in the development of the individual educational plan for students eligible for language services, whether as special education or as a related service for an otherwise eligible student with a disability.
(c) 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, Florida Statutes, or a speech-language associate, pursuant to Rule 6A-4.01761, F.A.C.
(d) Speech-language associate.
1. 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, Florida Statutes, in districts that qualify for the sparsity supplement as described in Section 1011.62(7), Florida Statutes.
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.
Rulemaking Authority 1003.01(3), 1003.57, 1012.44 FS. Law Implemented 1003.01(3), 1003.57, 1012.44 FS. History– New_________.