5658512, 6A-6.03028 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 5658512

Notice of Proposed Rule

Department:

DEPARTMENT OF EDUCATION

Division:

State Board of Education

Chapter:

SPECIAL PROGRAMS I

Overview

RULE:

6A-6.03028	Provision of Free Appropriate Public Education (FAPE) and Development of Individual Educational Plans for Students with Disabilities
6A-6.030281	Provision of Equitable Services to Parentally-Placed Private School Students with Disabilities
6A-6.0331	General Education Intervention Procedures, Evaluation, Determination of Eligibility, Reevaluation and the Provision of Exceptional Student Education Services
6A-6.03311	Procedural Safeguards and Due Process Procedures for Parents and Students with Disabilities
6A-6.03312	Discipline Procedures for Students with Disabilities
6A-6.03314	Procedural Safeguards for Students with Disabilities Enrolled in Private Schools by Their Parents (Repealed)
6A-6.0333	Surrogate Parents
6A-6.0334	Individual Educational Plans (IEPs) and Educational Plans (EPs) for Transferring Exceptional Students
6A-6.03411	Definitions, ESE Policies and Procedures, and ESE Administrators

PURPOSE:

The purpose of the proposed amendments are to align Florida’s administrative rules related to the provision of services to students with disabilities with the 2004 reauthorization of the Individuals with Disabilities Education Act (IDEA) and its implementing regulations. The affect of these amendments will minimize the number of rules to which local education agencies (LEAs) and schools in Florida are subjected.

SUMMARY:

Rule 6A-6.03028, F.A.C., is proposed for amendment to combine into a single rule all of the federal requirements related to the provision of a free appropriate public education (FAPE) and the development of individual educational plans (IEPs) for students with disabilities.
Rule 6A-6.030281, F.A.C., is proposed for amendment to incorporate the new federal regulations that contain extensive changes related to the provision of equitable services to parentally-placed students with disabilities. These amendments reflect deletion of all existing language, with new language designed to mirror the federal regulations at 34 CFR 300.130 – 300.144.
Rule 6A-6.0331, F.A.C., is proposed for amendment to incorporate the procedures related to activities required prior to referral, referral and identification are collectively referred to as “general education intervention procedures” to conform with changes in the field related to ensuring highest student achievement for all students. These amendments align Florida’s rules with the federal regulations relative to early intervening services, identification of students who may be eligible students with disabilities, evaluation and reevaluation procedures, and the initial provision of ESE services. When appropriate, corresponding procedures relative to giftedness are included.
Rule 6A-6.03311, F.A.C., is proposed for amendment to align the requirements related to procedural safeguards and due process procedures for parents and students with disabilities with the requirements under IDEA and its implementing regulations. Specific details regarding pre-hearing and hearing procedures are proposed for deletion as they are not federal requirements and in order to provide more discretion to administrative law judges (ALJs) regarding how hearings are conducted while maintaining the minimum federal requirements.
Rule 6A-6.03312, F.A.C., is proposed for amendment to mirror the federal requirements at 34 CFR 300.530 – 300.536. This includes definitions that are contained in the federal regulations that supersede, for purposes of discipline of students with disabilities, definitions under state law.
Rule 6A-6.03314, F.A.C., is proposed for repeal as the procedural safeguards for students with disabilities enrolled in private schools by their parents are addressed in Proposed Rule 6A-6.030281(16), F.A.C.
Rule 6A-6.0333 is proposed for amendment to align the rule with the federal regulations at 34 CFR 300.519 and to include the assignment of surrogate parents to eligible gifted students.
Rule 6A-6.0334, F.A.C., is proposed for amendment to delete existing inapplicable language and add new language to align with federal regulations 34 CFR 300.323(e)-(g).
Rule 6A-6.03411, F.A.C., is proposed for amendment to incorporate a new “definitions” section to define all terms related to exceptional student education, and to align Florida’s definitions with those in IDEA and its implementing regulations. Old and out-dated provisions have been deleted.

RULEMAKING AUTHORITY:

1001.02(1), (2)(n), 1003.01(3)(a), (b), 1003.57, 1006.09 FS.

LAW:

1001.02(2)(n), 1001.03(8), 1001.42(4)(l), 1003.01(3)(a), (b), 1003.57, 1011.62(1)(c), (e) FS.

PRINT PUBLISH DATE:

5/23/2008 Vol. 34/21

COMMENTS:

From 5/23/2008 To 6/13/2008 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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