7751966, 6A-6.03013 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 7751966

Notice of Proposed Rule

Department:

DEPARTMENT OF EDUCATION

Division:

State Board of Education

Chapter:

SPECIAL PROGRAMS I

Overview

RULE:

6A-6.03013	Exceptional Student Education Eligibility and Assessments for Students Who Are Deaf or Hard of Hearing
6A-6.030151	Exceptional Student Education Eligibility for Students with Orthopedic Impairment
6A-6.030152	Exceptional Student Education Eligibility for Students with Other Health Impairment
6A-6.030153	Exceptional Student Education Eligibility for Students with Traumatic Brain Injury
6A-6.03016	Exceptional Student Education Eligibility for Students with Emotional/Behavioral Disabilities
6A-6.03022	Exceptional Student Education Eligibility for Students with Dual Sensory Impairments
6A-6.03023	Exceptional Student Education Eligibility for Students With Autism Spectrum Disorder
6A-6.03027	Special Programs for Children Three Through Nine 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, Evaluation, Determination of Eligibility, Reevaluation and the Provision of Exceptional Student Education Services

PURPOSE:

The purpose of the rule amendments 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. Rules 6A-6.030151, 6A-6.030152, 6A-6.030153, F.A.C., also include an amendment permitting a school district, at the discretion of the ESE administrator, to utilize an evaluation report from a physician licensed in another state for the purpose of evaluation and eligibility determination. The effect will be to reduce hardships to school districts and families for those districts where it is commonplace that students receive their medical care in an adjacent state. In addition, to align with statutory changes made to Section 1003.01(3), Florida Statutes, the titles of these three rules have been changed to remove reference to the term “physically impaired.” The effect will be alignment with current statutory language. The purpose of the rule amendment 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 the rule amendment 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 the rule amendment 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 the rule amendment for Rule 6A-6.0331, F.A.C., is to allow a school district, at the discretion of the ESE administrator, to utilize an evaluation report from a physician licensed in another state for the purpose of evaluation and eligibility determination. The effect will be to reduce hardships to school districts and families for those districts where it is commonplace that students receive their medical care in an adjacent state. In addition, the amendment to Rule 6A-6.0331, F.A.C., includes 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.

SUMMARY:

These rule amendments incorporate specific evaluation procedures for students being considered as eligible students with disabilities who are deaf or hard-of-hearing, orthopedically impaired, other health impaired, traumatic brain injured, emotionally/behaviorally disabled, or having an autism spectrum disorder. The rule amendment incorporated in Rule 6A-6.03027, F.A.C., aligns general education interventions and procedures prior to evaluation for children three through five years of age who are suspected of being developmentally delayed with procedures included in Rule 6A-6.0331, F.A.C. Reevaluation procedures are included for students with dual-sensory impairment and rule language related to an obsolete funding methodology has been deleted from Rule 6A-6.03022. Rule 6A-6.03028, F.A.C., is amended to include requirements for consideration of instruction in self determination by IEP teams no later than age fourteen. Rule 6A-6.0331, F.A.C, is amended to incorporate recent IDEA requirements related to the revocation of parental consent. Additionally, language has been added to permit use of reports from physicians licensed in other states for the purpose of evaluation and eligibility determination.

RULEMAKING AUTHORITY:

1003.01, 1003.57, 1003.571 FS.

LAW:

1003.01, 1003.57, 1003.571 FS.

PRINT PUBLISH DATE:

10/16/2009 Vol. 35/41

COMMENTS:

From 10/16/2009 To 11/6/2009 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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