Published on: 21014000. This workshop is to discuss the Agency's proposed amendments to existing rule language regarding eligibility for services. This workshop was originally scheduled for October 10, 2018, but is being rescheduled to the date and time above. The preliminary text of the proposed rule development was published on September 25, 2018, and may be found at https://www.flrules.org/gateway/notice_Files.asp?ID=20931938.; November 13, 2018, at 9:00 a.m.; Agency for Persons with Disabilities, 4030 Esplanade Way, Room 301, Tallahassee, Florida 32399-0950
Published on: 20992757. Due to a State of Emergency in Leon County, the workshop scheduled for October 10, 2018 at 9:00 a.m., regarding the above listed rules, which was published in the Vol. 44 No. 187, September 25, 2018, issue of the Florida Administrative Register, is being rescheduled to a date and time that will be published in a later edition of the Florida Administrative Register.; October 10, 2018 at 9:00 a.m.; Agency for Persons with Disabilities, 4030 Esplanade Way, Room 301, Tallahassee, Florida 32399-0950.
Published on: 20931938. The purpose of the rules amendments is to update terminology, conform with statutory requirements, and update language regarding eligibility for services.
Published on: 15667457. Disability Rights Florida; The petition requests answers to two question. In its first question petitioners asks: “How does the Agency operationalize the interplay between [s. 393.063(3), F.S, and Rule 65G-4.014(1), Florida Administrative Code], and does this operationalization render the finding of a severe learning disability in an applicant for services a threshold requirement that must be satisfied before a consideration may be made concerning the presence of a severe behavior disorder and/or a severe communication disorder in an applicant?” A summary of the answer to the first question is that the Agency operationalizes the interplay between the statute and rule by using ordinary rules of statutory construction giving the words of the text their plain and ordinary meaning. While under the current phrasing of the rule “severe learning disorder” may be construed as a threshold consideration or the first among the three disorders which must be present, the particular order in which the Agency determines the presence of the disorders has no practical effect in a final determination of eligibility. Regardless of the order in which the Agency determines the existence of the three disorders, all three must nevertheless be present in order for a person to be found eligible for services. In the second question the petitioner asks: “Does the Agency operationalize the ‘severe learning disorder’ requirement to mean that an applicant is barred from meeting the eligibility criteria if he or she has received a standard high school diploma (as opposed to a special education diploma)?” A summary of the answer to the second question is that the Agency does not believe it is in the public interest to categorically determine that specific issue for all applicants without the benefit of knowing the specific circumstances of each applicant for services. The Agency position with respect to the receipt of a standard high school diploma is that, generally speaking, it is strong evidence that the person does not have a severe learning disorder. However, the Agency will review each application on a case by case basis. In the event an applicant has earned a standard high school diploma, the Agency will consider all the facts and circumstances surrounding the issuance of the diploma, along with all other relevant facts and information submitted with the application, in determining whether the applicant has a severe learning disorder.
Published on: 11620035. C.M., L.C., and V.M. and J.E., (Intervenor) vs. Agency for Persons with Disabilities; Case No.: 10-1141RP; Rule No.: 65G-4.014, 65G-4.017; Valid