6A-6.0331. General Education Intervention Procedures, Evaluation, Determination of Eligibility, Reevaluation and the Provision of Exceptional Student Education Services  


Effective on Tuesday, December 23, 2014
  • 1The state’s goal is to provide full educational opportunity and a free appropriate public education (FAPE) to all students with disabilities ages three (3) through twenty-one (21) and to students who are gifted in grades kindergarten through 12. School districts have the responsibility to ensure that students suspected of having a disability are subject to general education intervention procedures. They must ensure that all students with disabilities or who are gifted and who are in need of exceptional student education (ESE) as defined in paragraph (1)(n) of Rule 896A-6.03411, 90F.A.C., are identified, located, and evaluated, and FAPE is made available to them if it is determined that the student meets the eligibility criteria specified in Rules 1176A-6.03011, 1186A-6.03012, 1196A-6.030121, 1206A-6.03013, 1216A-6.03014, 1226A-6.030151, 1236A-6.030152, 1246A-6.030153, 1256A-6.03016, 1266A-6.03018, 1276A-6.03019, 1286A-6.03020, 1296A-6.03022, 1306A-6.03023, 1316A-6.03026(1)(b) 132and 1336A-6.03027, 134F.A.C. ESE includes specially designed instruction as defined in paragraph (1)(jj) of Rule 1476A-6.03411, 148F.A.C.; special education as defined in paragraph (1)(kk) of Rule 1586A-6.03411, 159F.A.C.; and related services as defined in paragraph (1)(dd) of Rule 1706A-6.03411, 171F.A.C. These requirements apply to all students, including those who are homeless or are wards of the state or who attend private schools, regardless of the severity of their disability. Additionally, school districts may elect to serve children with disabilities below the age of three (3) years in collaboration with the Part C Early Steps Program. The procedures and criteria for general education interventions, identification, evaluation, and determination of eligibility of students with disabilities and gifted students by school districts shall be set forth in the school district’s ESE Policies and Procedures document consistent with the following requirements.

    269(1) General education intervention procedures for kindergarten through grade twelve (12) students suspected of having a disability who are enrolled in public schools. It is the local school district’s responsibility to develop and implement a multi-tiered system of support which integrates a continuum of academic and behavioral interventions for students who need additional support to succeed in the general education environment. In implementing a data-based problem solving process designed to develop, implement and evaluate a coordinated continuum of evidence-based instruction and intervention practices, a school district may carry out problem solving activities that include the provision of educational and behavioral evaluations, services, and supports, including evidence-based literacy instruction and professional development for teachers and other school staff to enable them to deliver scientifically based academic and behavioral interventions and, where appropriate, instruction on the use of adaptive and instructional technology. The general education intervention requirements set forth in paragraphs (a) through (e) of this paragraph are not required of students suspected of being gifted or who are being considered for eligibility in accordance with Rule 4446A-6.03020, 445F.A.C., for special education and related services for students who are homebound or hospitalized. The general education interventions requirements set forth in paragraphs (a), (b) and (e) of this subsection may not be required for students suspected of having a disability if a team that comprises qualified professionals and the parent determines that these general education interventions are not appropriate for a student who demonstrates a speech disorder or severe cognitive, physical or sensory disorders, or severe social/behavioral deficits that require immediate intensive intervention to prevent harm to the student or others.

    537(a) Parent involvement in general education intervention procedures. Opportunities for parents to be involved in a data-based problem solving process to address the student’s areas of concern must be made available. In addition, there must be discussion with the parent regarding the data used to identify the problem and monitor student progress, the student’s response to instruction and interventions, modification of the interventions, and anticipated future action to address the student’s learning and/or behavioral needs. Documentation of parental involvement and communication must be maintained.

    621(b) Observations of the student must be conducted in the educational environment and, as appropriate, other settings to document the student’s learning or behavioral areas of concern. At least one (1) observation must include an observation of the student’s performance in the general classroom.

    665(c) Review of existing data, including anecdotal, social, psychological, medical, and achievement (including classroom, district and state assessments) shall be conducted. Attendance data shall be reviewed and used as one indicator of a student’s access to instruction.

    702(d) Vision and hearing screenings shall be conducted for the purpose of ruling out sensory deficits that may interfere with the student’s academic and behavioral progress, and additional screenings or assessments to assist in determining interventions may be conducted, as appropriate. The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.

    777(e) Evidence-based interventions addressing the identified areas of concern must be implemented in the general education environment. The interventions selected for implementation should be developed by a team through a data-based problem solving process that uses student performance data to identify and analyze the area(s) of concern, select and implement interventions, and monitor the effectiveness of the interventions. Interventions shall be implemented as designed for a period of time sufficient to determine effectiveness, and with a level of intensity that matches the student’s needs. Pre-intervention and ongoing progress monitoring measures of academic and/or behavioral areas of concern must be collected and communicated to the parents in an understandable format, which may include, but is not limited to, graphic representation.

    896(f) Nothing in this section should be construed to either limit or create a right to FAPE under Rules 9156A-6.03011 916through 9176A-6.0361, 918F.A.C., or to delay appropriate evaluation of a student suspected of having a disability.

    932(g) A school district may not use more than fifteen (15) percent of the amount it receives under Part B of the IDEA for any fiscal year to develop and implement a coordinated continuum of evidence-based general education interventions for students in kindergarten through grade twelve (12) who are not currently identified as needing special education and related services but who need additional support to succeed in the general education environment. Funds made available to carry out this paragraph may be used to carry out general education intervention procedures aligned with activities funded by and carried out under the Elementary and Secondary Education Act (ESEA), if those funds are used to supplement, and not supplant, funds made available under the ESEA for the activities and services assisted under this paragraph. For IDEA Part B funds used in this way, the school district must annually report to the Florida Department of Education on the number of students served under this paragraph who received general education interventions and the number of students who received such services and subsequently receive special education and related services under Part B of the IDEA during the preceding two (2) year period.

    1127(2) Procedures prior to initial evaluation for prekindergarten children. For children who are below mandatory school attendance age and who are not yet enrolled in 1152kindergarten, the activities specified in subsection (1) of this rule are not required. The following requirements apply to this population:

    1172(a) Existing social, psychological, and medical data shall be reviewed, with referral for a health screening when the need is indicated; and

    1194(b) Vision and hearing screenings shall be conducted for the purpose of ruling out sensory deficits. Additional screenings to assist in determining interventions may be conducted as appropriate.

    1222(3) Initial evaluation. Each school district must conduct a full and individual initial evaluation before the initial provision of ESE. Either a parent of a kindergarten through grade 12 student or child age three (3) to kindergarten entry age, or a school district may initiate a request for initial evaluation to determine if the student is a student with a disability. Either a parent of a kindergarten through grade 12 student or a school district may initiate a request for initial evaluation to determine if a student is gifted.

    1311(a) The school district must seek consent from the parent or guardian to conduct an evaluation w1328heneve1329r the district suspects that a kindergarten through grade 12 1339student, or a child age three 1345(3) 1346to 1347kindergarten entry 1349age, is a student with a disability and needs 1358special education and related services1363. 1364Circumstances which would indicate that a student may be a student with a disability who needs special education and related services include, but are not limited to, the following:

    13931. When a school-based team determines that the kindergarten through grade 12 student’s response to intervention data indicate that intensive interventions implemented in accordance with subsection (1) of this rule are effective but require a level of intensity and resources to sustain growth or performance that is beyond that which is accessible through general education resources; or

    14502. When a school-based team determines that the kindergarten through grade 12 student’s response to interventions implemented in accordance with subsection (1) of this rule indicates that the student does not make adequate growth given effective core instruction and intensive, individualized, evidence-based interventions; or

    14943. When a child age three (3) to kindergarten entry age receives a developmental screening through the school district or the Florida Diagnostic and Learning Resource Center and based on the results of the screening it is suspected that the child may be a child with a disability in need of special education and related services; or

    15514. When a parent requests an evaluation and there is documentation or evidence that the kindergarten through grade 12 student or child age three (3) to kindergarten entry 1579age who is enrolled in a school district operated preschool program may be a student with a disability and needs special education and related services.

    1604(b) Within thirty (30) days of a determination that a circumstance described in subparagraphs (3)(a)1., (3)(a) 2. or (3)(a)3., of this rule exists for a student in grades kindergarten through grade 12 or a child age three (3) to kindergarten entry age, the school district must request consent from the parent to conduct an evaluation, unless the parent and the school agree otherwise in writing.

    1669(c) As described in subparagraph (3)(a)4. of this rule, if a parent requests that the school conduct an evaluation to determine whether their child is a child with a disability in need of special education and related services, the school district must within thirty (30) days, unless the parent and the school agree otherwise in writing:

    17251. Obtain consent for the evaluation; or

    17322. Provide the parent with written notice in accordance with Rule 17436A-6.03311, 1744F.A.C., explaining its refusal to conduct the evaluation.

    1752(d) Prior to a school district request for initial evaluation of a student in grades K through 12 suspected of having a disability, school personnel must make one (1) of the following determinations and include appropriate documentation in the student’s educational record to the effect that:

    17981. The general education intervention procedures have been implemented as required under this rule and the data indicate that the student may be a student with a disability who needs special education and related services;

    18332. The evaluation was initiated at parent request and the activities described in subsection (1) of this rule will be completed concurrently with the evaluation but prior to the determination of the student’s eligibility for special education and related services; or

    18743. The nature or severity of the student’s areas of concern make the general education intervention procedures inappropriate in addressing the immediate needs of the student.

    1900(e) The school district shall be responsible for conducting all initial evaluations necessary to determine if the student is eligible for ESE and to determine the educational needs of the student. Such evaluations must be conducted by examiners, including physicians, school psychologists, psychologists, speech-language pathologists, teachers, audiologists, and social workers who are qualified in the professional’s field as evidenced by a valid license or certificate to practice such a profession in Florida. In circumstances where the student’s medical care is provided by a physician licensed in another state, at the discretion of the school district administrator for exceptional student education, a report of a physician licensed in another state may be accepted for the purpose of evaluation and consideration of eligibility as a student with a disability. Educational evaluators not otherwise covered by a license or certificate to practice a profession in Florida shall either hold a valid Florida teacher’s certificate or be employed under the provisions of Rule 20596A-1.0502, 2060F.A.C.

    20611. Tests of intellectual functioning shall be administered and interpreted by a professional person qualified in accordance with Rule 20806A-4.0311, 2081F.A.C., or licensed under Chapter 490, F.S.

    20882. Standardized assessment of adaptive behavior shall include parental input regarding their student’s adaptive behavior.

    2103(f) For a signed consent for evaluation received by a school district on or before June 30, 2015, the school district shall ensure that initial evaluations of students suspected of having a disability are completed within sixty (60) school days (cumulative) as defined in paragraph 21486A-6.03411(1)(h), 2149F.A.C., that the student is in attendance after the school district’s receipt of parental consent for the evaluation. For prekindergarten children, initial evaluations must be completed within sixty (60) school days after the school district’s receipt of parental consent for evaluation.

    2190(g) Beginning July 1, 2015, the school district shall ensure that initial evaluations of students and preschool age children age three (3) through kindergarten entry age suspected of having a disability are completed within sixty (60) calendar days after the school district’s receipt of parent consent for evaluation. For the purposes of this rule, the following calendar days shall not be counted toward the sixty (60) calendar day requirement:

    22591. All school holidays and Thanksgiving, winter and spring breaks as adopted by the district school board as required by Rule 22806A-10.019, 2281F.A.C.;

    22822. The summer vacation period beginning the day after the last day of school for students and ending on the first day of school for students in accordance with the calendar adopted by the district school board as required by Rule 23236A-10.019, 2324F.A.C. However, the school district is not prohibited from conducting evaluations during the summer vacation period; and,

    23413. In the circumstance when a student is absent for more than eight (8) school days in the sixty (60) calendar day period, the student’s absences shall not be counted toward the sixty (60) calendar day requirement.

    2378(h) The sixty (60)-day timeframe for evaluation does not apply to a school district if:

    23931. The parent of the student repeatedly fails or refuses to produce the student for the evaluation; or

    24112. A student enrolls in a school served by the school district after the timeframe has begun, and prior to a determination by the student’s previous school district as to whether the student is a student with a disability. This exception applies only if the subsequent school district is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent school district agree to a specific time when the evaluation will be completed. Assessments of students with disabilities who transfer from one school district to another school district in the same school year must be coordinated with those students’ prior and subsequent schools, as necessary and as expeditiously as possible, to ensure prompt completion of full evaluations.

    2533(i) The school district shall ensure that students suspected of being gifted are evaluated within a reasonable period of time as specified in the district’s ESE Policies and Procedures Document as defined in subsection 25676A-6.03411(2), 2568F.A.C., but no more than ninety (90) school days that the student is in attendance after the school district’s receipt of parental consent for the evaluation.

    2594(4) Parental consent for initial evaluation.

    2600(a) The school district must provide the parent written notice that describes any evaluation procedures the school district proposes to conduct. In addition, the school district proposing to conduct an initial evaluation to determine if a student is a student with a disability and needs special education and related services or is gifted and needs ESE must obtain informed consent from the parent of the student before conducting the evaluation.

    2670(b) Parental consent for initial evaluation must not be construed as consent for initial provision of ESE.

    2687(c) The school district must make reasonable efforts to obtain the informed consent from the parent for an initial evaluation to determine whether the student is a student with a disability or is gifted.

    2721(d) In the event that the parent fails to respond to the district’s request to obtain informed written consent, the district must maintain documentation of attempts made to obtain consent.

    2751(e) For initial evaluations only, if the child is a ward of the State and is not residing with the student’s parent, the school district is not required to obtain informed consent from the parent for an initial evaluation to determine whether the student is a student with a disability if:

    28021. Despite reasonable efforts to do so, the school district cannot discover the whereabouts of the parent of the student;

    28222. The rights of the parents of the student have been terminated in accordance with Chapter 39, Part X, F.S.; or

    28433. The rights of the parent to makes educational decisions have been subrogated by a judge in accordance with State law and consent for initial evaluation has been given by an individual appointed by the judge to represent the student.

    2883(f) If the parent of a student suspected of having a disability who is enrolled in public school or seeking to be enrolled in public school does not provide consent for initial evaluation or the parent fails to respond to a request to provide consent, the school district may, but is not required to, pursue initial evaluation of the student by using the mediation or due process procedures contained in Rule 29546A-6.03311, 2955F.A.C. The school district does not violate its child find obligations if it declines to pursue the evaluation.

    2973(g) A school district may not use a parent’s refusal to consent to initial evaluation to deny the parent or the student any other service, benefit, or activity of the school district, except as provided by this rule.

    3011(5) Evaluation procedures.

    3014(a) In conducting an evaluation, the school district:

    30221. Must use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the student within a data-based problem solving process, including information about the student’s response to evidence-based interventions as applicable, and information provided by the parent. This evaluation data may assist in determining whether the student is eligible for ESE and the content of the student’s individual educational plan (IEP) or educational plan (EP), including information related to enabling the student with a disability to be involved in and progress in the general curriculum (or for a preschool child, to participate in appropriate activities), or for a gifted student’s needs beyond the general curriculum;

    31342. Must not use any single measure or assessment as the sole criterion for determining whether a student is eligible for ESE and for determining an appropriate educational program for the student; and

    31673. Must use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.

    3191(b) Each school district must ensure that assessments and other evaluation materials and procedures used to assess a student are:

    32111. Selected and administered so as not to be discriminatory on a racial or cultural basis;

    32272. Provided and administered in the student’s native language or other mode of communication and in the form most likely to yield accurate information on what the student knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to do so;

    32723. Used for the purposes for which the assessments or measures are valid and reliable; and

    32884. Administered by trained and knowledgeable personnel in accordance with any instructions provided by the producer of the assessments.

    3307(c) Assessments and other evaluation materials and procedures shall include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient.

    3340(d) Assessments shall be selected and administered so as to best ensure that if an assessment is administered to a student with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the student’s aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the student’s sensory, manual, or speaking skills, unless those are the factors the test purports to measure.

    3408(e) The school district shall use assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the student.

    3434(f) A student shall be assessed in all areas related to a suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities.

    3467(g) An evaluation shall be sufficiently comprehensive to identify all of a student’s ESE needs, whether or not commonly linked to the suspected disability.

    3491(6) Determination of eligibility for exceptional students.

    3498(a) A group of qualified professionals determines whether the student is an exceptional student in accordance with this rule and the educational needs of the student. The parents of a student being considered for eligibility as a student with a disability shall be invited and encouraged to participate as equal members of the group. The school district must provide a copy of the evaluation report and the documentation of the determination of eligibility at no cost to the parent.

    3577(b) In interpreting evaluation data for the purpose of determining if a student is an exceptional student and the educational needs of the student, each school district shall:

    36051. Draw upon data and information collected as part of a data-based problem solving process from a variety of sources, such as aptitude and achievement tests, the student’s response to instruction and interventions implemented, parent input, student input as appropriate, teacher recommendations, and information about the student’s physical condition, social or cultural background, and adaptive behavior;

    36612. Ensure that information obtained from all of these sources is documented and analyzed by the team as part of the problem solving process; and

    36863. Determine eligibility in accordance with the criteria and procedures specified in these rules.

    3700(c) If a determination is made that a student has a disability and needs special education and related services, an IEP shall be developed for the student in accordance with Rule 37316A-6.03028, 3732F.A.C. For children ages three (3) through five (5) years, an individual family support plan (IFSP) may be developed in lieu of an IEP in accordance with Rule 37606A-6.03029, 3761F.A.C.

    3762(d) A student may not be determined eligible as a student with a disability if the determinant factor is:

    37811. Lack of appropriate instruction in reading, including the essential components of reading instruction, including explicit and systematic instruction in (a) phonemic awareness; (b) phonics; (c) vocabulary development; (d) reading fluency, including oral reading skills; and (e) reading comprehension strategies;

    38212. Lack of appropriate instruction in math; or

    38293. Limited English proficiency; and

    38344. The student does not otherwise meet the eligibility criteria specified in Rules 38476A-6.03011 3848through 38496A-6.0361, 3850F.A.C.

    3851(e) A student may not be denied eligibility as a student who is gifted if the determinant factor is limited English proficiency.

    3873(f) For students identified as gifted, an EP in accordance with Rule 38856A-6.030191, 3886F.A.C., shall be developed.

    3890(7) Reevaluation Requirements.

    3893(a) A school district must ensure that a reevaluation of each student with a disability is conducted in accordance with Rules 39146A-6.03011 3915through 39166A-6.0361, 3917F.A.C., if the school district determines that the educational or related services needs, including improved academic achievement and functional performance, of the student warrant a reevaluation or if the student’s parent or teacher requests a reevaluation.

    3953(b) A reevaluation may occur not more than once a year, unless the parent and the school district agree otherwise and must occur at least once every three (3) years, unless the parent and the school district agree that a reevaluation is unnecessary.

    3996(c) Each school district must obtain informed parental consent prior to conducting any reevaluation of a student with a disability.

    4016(d) If the parent refuses to consent to the reevaluation, the school district may, but is not required to, pursue the reevaluation by using the consent override provisions of mediation or due process. The school district does not violate its child find, evaluation or reevaluation obligations if it declines to pursue the evaluation or reevaluation.

    4071(e) The informed parental consent for reevaluation need not be obtained if the school district can demonstrate that it made reasonable efforts to obtain such consent and the student’s parent has failed to respond.

    4105(8) Additional requirements for evaluations and reevaluations. As part of an initial evaluation, if appropriate, and as part of any reevaluation, the IEP Team and other qualified professionals, as appropriate, must take the following actions:

    4140(a) Review existing evaluation data on the student, including:

    41491. Evaluations and information provided by the student’s parents;

    41582. Current classroom-based, local, or State assessments and classroom-based observations; and

    41693. Observations by teachers and related services providers.

    4177(b) Identify, on the basis of that review and input from the student’s parents, what additional data, if any, are needed to determine the following:

    42021. Whether the student is a student with a disability or, in case of a reevaluation of the student, whether the student continues to have a disability;

    42292. The educational needs of the student;

    42363. The present levels of academic achievement and related developmental needs of the student;

    42504. Whether the student needs special education and related services or, in the case of a reevaluation of the student, whether the student continues to need special education and related services; and

    42825. Whether any additions or modifications to the special education and related services are needed to enable the student to meet the measurable annual goals set out in the student’s IEP and to participate, as appropriate, in the general curriculum.

    4322(c) The group conducting this review may do so without a meeting.

    4334(d) The school district shall administer tests and other evaluation measures as may be needed to produce the data that is to be reviewed under this section.

    4361(e) If the determination under this section is that no additional data are needed to determine whether the student continues to be a student with a disability and to determine the student’s educational needs, the school district shall notify the student’s parents of:

    44041. That determination and the reasons for the determination; and

    44142. The right of the parents to request an assessment to determine whether the student continues to be a student with a disability and to determine the student’s educational needs. The school district is not required to conduct the assessment unless requested to do so by the student’s parents.

    4463(f) Reevaluation is not required for a student before the termination of eligibility due to graduation with a standard diploma or exiting from school upon reaching the student’s twenty-second (22nd) birthday. For a student whose eligibility terminates under these circumstances, a school district must provide the student with a summary of the student’s academic achievement and functional performance, which shall include recommendations on how to assist the student in meeting the student’s postsecondary goals.

    4537(g) Parental consent is not required before reviewing existing data as part of an evaluation or reevaluation or administering a test or other evaluation that is administered to all students unless, before administration of that test or evaluation, consent is required of parents of all students.

    4583(h) If a parent of a student who is home schooled or placed in private school by the parents at their own expense does not provide consent for the initial evaluation or the reevaluation, or the parent fails to respond to a request to provide consent, the school district may not use the consent override provisions of mediation or due process and the school district is not required to consider the student eligible for services under Rules 46606A-6.03011 4661through 46626A-6.0361, 4663F.A.C.

    4664(i) To meet the reasonable efforts requirements to obtain parental consent, the school district must document its attempts to obtain parental consent using procedures such as those used to obtain parental participation in meetings as described in subparagraph 47026A-6.03028(3)(b)7., 4703F.A.C.

    4704(9) Parental Consent for the Initial Provision of Services.

    4713(a) A school district responsible for making FAPE available to an exceptional student must obtain informed consent from the parent of the student before the initial provision of ESE to the student.

    4745(b) The school district must make reasonable efforts to obtain informed consent from the parent for the initial provision of ESE to the student.

    4769(c) If the parent of a student fails to respond or refuses to consent to the initial provision of ESE, the school district may not use mediation or due process hearing procedures in order to obtain agreement or a ruling that the services may be provided to the student.

    4818(d) If the parent of the student refuses consent to the initial provision of ESE, or the parent fails to respond to a request to provide consent for the initial provision of ESE, the school district will not be considered to be in violation of the requirement to make FAPE available to the student for the failure to provide the student with the ESE for which the school district requests consent. In addition, the school district is not required to convene an IEP or EP team meeting or develop an IEP or EP for the student for the ESE for which the school district requests such consent.

    4925(e) If, at any time subsequent to the initial provision of ESE, the parent of a student revokes consent in writing for the continued provision of ESE, the school district may not continue to provide ESE to the student, but must provide prior written notice before ceasing the provision of ESE. The school district may not use mediation or due process hearing procedures in order to obtain agreement or a ruling that the services may be provided to the student.

    5005(f) If a parent of a student revokes consent in writing for the continued provision of ESE, the school district:

    50251. Will not be considered to be in violation of the requirement to make FAPE available to the student for its failure to provide the student with further 5053ESE; 5054and,

    50552. Is not required to convene an IEP or EP team meeting or develop an IEP or EP for the student for further provision of 5080ESE5081.

    5082(g) If a parent of a student with a disability revokes consent in writing for their child’s receipt of ESE after the initial provision of ESE to the student, the school district is not required to amend the student’s education records to remove any references to the student’s receipt of ESE because of the revocation of consent.

    5139(10) Parental Consent for Specific Actions.

    5145(a) A school district may not proceed with the following actions included in a student’s IEP without written informed consent of the parent unless the school district documents reasonable efforts to obtain the parent’s consent and the student’s parent has failed to respond, or the school district obtains approval through a due process hearing in accordance with subsection 52036A-6.03311(9), 5204F.A.C. To meet the reasonable efforts requirements to obtain parental consent the school district must document its attempts to obtain parental consent using procedures such as those used to obtain parental participation in meetings as described in subparagraph 52426A-6.03028(3)(b)7., 5243F.A.C.

    5244Those actions requiring parental consent include:

    52501. Administration of an alternate assessment in accordance with Section 52601008.22, F.S., 5262and provision of instruction in the state standards access points curriculum; and,

    52742. Except for a change in placement as described in Section 52851003.57(1)(h), F.S., 5287placement of the student in an exceptional student education center as defined in paragraph 53016A-1.099828(2)(b), 5302F.A.C.

    5303(b) The district shall obtain written parental consent for the actions described above on the Parental Consent Form – Instruction in the State Standards Access Points Curriculum and Florida Alternate Assessment Administration, Form 313181, (5338http://www.flrules.org/Gateway/reference.asp?No=Ref-047795340) (effective December 2014) English, Arabic, Chinese, French, Haitian Creole, Portuguese, Russian, Spanish, Tagalog, and Vietnamese, and Parental Consent Form – Student Placement in an Exceptional Education Center, Form 313182, (5371http://www.flrules.org/Gateway/reference.asp?No=Ref-033845373) (effective March 2014) English, Arabic, Chinese, French, Haitian Creole, Portuguese, Russian, Spanish, Tagalog, and Vietnamese, adopted by the Department of Education and incorporated by reference and available at 5402http://www.fldoe.org/ese/ 5403or may be obtained from the Department of Education, Bureau of Exceptional Education and Student Services, 325 West Gaines Street, Room 614, Tallahassee, FL 32399. Both forms were translated into Arabic, Chinese, French, Haitian Creole, Portuguese, Russian, Spanish, Tagalog, and Vietnamese.

    5444(c) At any time an IEP team meeting is to be convened for the purpose of reviewing or changing a student’s IEP as it relates to any of the actions described above, the school district must provide written notice of the meeting to the parent at least ten (10) days before the meeting. The notice must indicate the purpose, time, and location of the meeting and who, by title or position, will attend the meeting. The meeting may be convened prior to the tenth (10th) day, if the parent consents upon receipt of the written notice described above.

    5542(d) Within ten (10) school days of a parent indicating in writing on a consent form described in paragraph (b) of this subsection that they do not consent to an action described in paragraph (a) of this subsection, the district must either develop and implement a new placement or instruction and assessment procedures in accordance with a new IEP or must request a due process hearing in accordance with subsection 56126A-6.03311(9), 5613F.A.C. During the pendency of a due process hearing or appellate proceeding regarding a due process complaint, the student must remain in the student’s current educational assignment while awaiting the decision of the due process hearing or court proceeding, unless the parent and the district school board agree otherwise.

    5662Rulemaking Authority 56641001.02(1), 5665(2)(n), 56661003.4282, 56671003.57, 56681003.571, 56691003.5715 FS. 5671Law Implemented 56731003.01(3)(a), 5674(b), 56751003.4282, 56761003.57, 56771003.571. 56781003.5715 FS. 5680History New 6-17-74, Promulgated 12-5-74, Amended 7-1-77, 3-28-78, 7-12-78, 8-31-78, 11-29-78, 10-7-81, 7-13-83, 6-2-85, Formerly 6A 6.331, Amended 7-13-93, 1-2-95, 9-20-04, 12-22-08, 12-15-09, 3-25-14, 12-23-14.

     

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