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 the rule amendment to Rule 6A-6.03012, F.A.C., is to reflect current knowledge and best practices in the fields of special education and communication disorders regarding speech impairments. Rule 6A-6.03012, F.A.C., currently addresses both speech and language impairments. The purpose of new Rule 6A-6.030121, F.A.C., is to establish evaluation procedures and eligibility criteria with regard to students with language impairments.
SUMMARY: These rules establish required procedures with regard to determining whether a student is an eligible student with a disability with a speech or language impairment. The content of the rules addresses evaluation procedures, eligibility criteria, the role of the speech-language pathologist, and the credentials required for speech-language pathologists relative to provision of language therapy.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: None.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 1003.01(3), 1003.57, 1003.571, 1012.44 FS.
LAW IMPLEMENTED: 1003.01(3), 1003.57, 1003.571, 1012.44 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 16, 2010, 9:00 a.m.
PLACE: Tallahassee Community College, 444 Appleyard Drive, Building 38, Room 105, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE 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 FULL TEXT OF THE PROPOSED RULE IS:
(Substantial rewording of Rule 6A-6.03012 follows. See Florida Administrative Code for present text.)
6A-6.03012 Exceptional Student Education Eligibility for Students with Speech Impairments and Qualifications and Responsibilities for the Speech-Language Pathologists Providing Speech Services Special Programs for Students who Are Speech and Language Impaired.
(1) Speech impairments are 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.
(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, or omissions that interfere with intelligibility. A speech sound disorder is not primarily the result of factors related to chronological age, gender, culture, ethnicity, or limited English proficiency.
1. Phonological disorder. A phonological disorder is an 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, 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 chronological age, gender, culture, ethnicity, or limited English proficiency.
(c) Voice disorder. A voice disorder is characterized by the atypical production or absence of vocal quality, pitch, loudness, resonance, or duration of phonation that is not primarily the result of factors related to chronological age, gender, culture, ethnicity, or limited English proficiency.
(2) General education procedures and activities. Prior to referral for evaluation, the requirements in subsection 6A-6.0331(1), F.A.C., related to general education procedures for kindergarten through grade twelve students, or subsection 6A-6.0331(2), F.A.C., related to procedures prior to initial evaluation for prekindergarten children, must be met.
(3) Procedures for the evaluation of a speech sound disorder. In addition to the procedures identified in subsection 6A-6.0331(5), F.A.C., the evaluation shall include all of the following:
(a) Information must be gathered from the student’s parent(s) or guardian(s) and teacher(s), and when appropriate, the student, regarding the concerns and description of speech characteristics. This may be completed through a variety of methods including interviews, checklists, or questionnaires;
(b) Documented and dated observation(s) of the student’s speech characteristics must be conducted by a 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;
(c) An examination of the oral mechanism structure and function must be conducted; and,
(d) 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) or phonological (phonemic) in nature.
(4) Procedures for the evaluation of a fluency disorder. In addition to the procedures identified in subsection 6A-6.0331(5), F.A.C., the evaluation shall include all of the following:
(a) Information must be gathered from the student’s parent(s) or guardian(s) and teacher(s), and when appropriate, the student, to address the areas identified in paragraph (4)(d) of this rule. This may be completed through a variety of methods including interviews, checklists, or questionnaires;
(b) A minimum of two (2) documented and dated observations of the student’s speech and secondary behaviors must be conducted by a speech-language pathologist in more than one setting, including the typical learning environment. For prekindergarten children, the observations may occur in an environment or situation appropriate for a child of that chronological age. Observations conducted prior to obtaining consent for evaluation may be used to meet this criterion, if the activities address the areas identified in paragraph (4)(d) of this rule;
(c) An examination of the oral mechanism structure and function must be conducted;
(d) An assessment of all of the following areas:
1. Motor aspects of the speech behaviors;
2. Student’s attitude regarding the speech behaviors;
3. Social impact of the speech behaviors; and,
4. Educational impact of the speech behaviors; and,
(e) 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.
(5) Procedures for the evaluation of a voice disorder. In addition to the procedures identified in subsection 6A-6.0331(5), F.A.C., the evaluation shall include all of the following:
(a) Information must be gathered from the student’s parent(s) or guardian(s) and teacher(s), and when appropriate, the student, regarding the concerns and description of voice characteristics. This may be completed through a variety of methods including interviews, checklists, or questionnaires;
(b) Documented and dated observation(s) of the student’s voice characteristics must be conducted by a speech-language pathologist in one or more setting(s), which must include the typical learning environment. For prekindergarten children, the observation(s) may occur in an environment or situation appropriate for a child of that chronological age. Observation(s) conducted prior to obtaining consent for evaluation may be used to meet this criterion;
(c) An examination of the oral mechanism structure and function must be conducted; and,
(d) A report of a medical examination of laryngeal structure and function conducted by a physician licensed in Florida in accordance with Section 458 or 459, Florida Statutes, unless a report of medical examination from a physician licensed in another state is permitted in accordance with paragraph 6A-6.0331(3)(c), F.A.C. The physician’s report must provide a description of the state of the vocal mechanism and any medical implications for therapeutic intervention.
(6) 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 for one or more of the following disorders as determined by the procedures prescribed in this rule and subsection 6A-6.0331(6), 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 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, 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 perform and/or function in the student’s typical learning environment, thereby demonstrating the need for exceptional student education; and,
4. The speech sound disorder is not primarily the result of factors related to chronological 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 perform and/or function in the educational environment, thereby demonstrating the need for exceptional student education; and,
3. The dysfluency is not primarily the result of factors related to chronological 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, or duration of phonation. The atypical voice characteristics may include inappropriate range, inflection, loudness, excessive nasality, breathiness, hoarseness, 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 exceptional student education; and,
4. The atypical voice characteristics are not primarily the result of factors related to chronological age, gender, culture, ethnicity, or limited English proficiency.
(7) Speech services.
(a) A group of qualified professionals determining eligibility under requirements of this rule and subsection 6A-6.0331(6), F.A.C., must include a speech-language pathologist.
(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 therapy services shall be provided by a certified speech-language pathologist pursuant to Rule 6A-4.0176, F.A.C., or 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 therapy 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 in speech-language pathology. 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.
(8) This rule shall become effective on July 1, 2010.
Rulemaking Specific Authority 1003.01, 1003.57, 1003.571 1012.44, 1012.55, 1012.56 FS. Law Implemented 1001.42(1) 1003.01, 1003.57, 1003.571, 1012.44 1012.55 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 Student Education Eligibility for Students with Language Impairments and Qualifications and Responsibilities for the Speech-Language Pathologists Providing Language Services.
(1) Language impairments are 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.
(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 or written language. These include:
1. Phonology. Phonology is defined as the sound systems of a language and the linguistic conventions of a language that guide the sound selection and sound combinations used to convey meaning;
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,
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, or spelling. A language impairment is not primarily the result of factors related to chronological age, gender, culture, ethnicity, or limited English proficiency.
(2) Procedures prior to initial evaluation for prekindergarten children. Prior to initial evaluation, the requirements of 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 6A-6.0331(5), 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, 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) Administration of one or more standardized norm-referenced instruments designed to measure language skills. The instrument 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, or caregivers must support the results of the standardized instruments and observations conducted;
(e) The language impairment must have an adverse effect on the child’s ability to perform and/or function in the typical learning environment, thereby demonstrating the need for exceptional student education; and,
(f) The language impairment is not primarily the result of factors related to chronological age, gender, culture, ethnicity, or limited English proficiency.
(5) General education intervention procedures and activities for students in kindergarten through grade twelve. Prior to obtaining consent for initial evaluation, the requirements of subsection 6A-6.0331(1), F.A.C., related to general education procedures for kindergarten through grade twelve students, must be met.
(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 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; and
3. Whenever a referral is made to conduct an evaluation to determine the student’s need for exceptional student education and the existence of a disability.
(b) 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 minimum evaluation procedures must include all of the following:
1. Review of data that demonstrate 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 or exceptional education settings;
2. 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, communicated in an understandable format, reflecting the student’s response to intervention during instruction;
3. Information gathered from the student’s parent(s) or guardian(s) and teacher(s), and when appropriate, the student, regarding the concerns and a description of language skills. This may be completed through a variety of methods including interviews, checklists, or questionnaires;
4. 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); and,
5. Administration of one or more standardized norm-referenced instrument(s) designed to measure language skills. The instrument(s) 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.
(c) With the exception of the observation required by subparagraph (7)(c)4. of this rule, general education activities and interventions conducted prior to initial evaluation in accordance with subsection 6A-6.0331(1), F.A.C., may be used to satisfy the requirements of paragraph (6)(b) of this rule.
(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) 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 grade-level standards as adopted in 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:
1. Oral expression;
2. Listening comprehension;
3. Social interaction;
4. Written expression;
5. Phonological processing; or,
6. Reading comprehension.
(b) 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 paragraph (7)(a) of this rule when using a process based on the student’s response to scientific, research-based intervention;
(c) 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. There must be documentation of all of the following:
1. Documented and dated observations show evidence of significant language deficits that interfere with the student’s performance and/or functioning in the educational environment;
2. Results of standardized norm-referenced instrument(s) indicate 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;
3. Information gathered from the student’s parent(s) or guardian(s), teacher(s), and when appropriate, the student, must support the results of the standardized instruments and observations conducted; and,
4. At least one additional observation conducted by the speech-language pathologist when the 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)3. and 4. of this rule and the additional observation(s) conducted subsequent to obtaining consent for evaluation as part of a comprehensive language evaluation. The evaluation report must document the evaluation procedures used, including the group’s 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 when appropriate, the student, must support the results of the observation(s) conducted; and,
(d) The group determines that its findings under paragraph (7)(a) of this rule are not primarily the result of factors related to chronological age, gender, culture, ethnicity, or limited English proficiency.
(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 6A-6.0331(6), 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, based on multiple sources of data when compared to multiple groups, including to the extent practicable the peer subgroup, classroom, school, district, and 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 demonstrate the 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 exceptional student education due to the adverse effect of the language impairment on the student’s ability to perform 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 chronological 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 group of qualified professionals determining eligibility under requirements of this rule and subsection 6A-6.0331(6), F.A.C., must include a speech-language pathologist.
(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 therapy services shall be provided by a certified speech-language pathologist pursuant to Rule 6A-4.0176, F.A.C., or 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 therapy 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 in speech-language pathology. 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.
(10) This rule will become effective on July 1, 2010.
Rulemaking Authority 1003.01(3), 1003.57, 1003.571, 1012.44 FS. Law Implemented 1003.01(3), 1003.57, 1003.571, 1012.44 FS. History–New________.