The purpose of this rule amendment is to revise Rule 6A-6.03026, Florida Administrative Code (F.A.C.), for the purpose of conforming references and rule titles to revised rules and to remove obsolete and redundant language. The effect will be a rule ...

 

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.: RULE TITLE:
6A-6.03026: Special Programs for Prekindergarten Children with Disabilities
6A-6.03030: Special Programs for Children Birth Through Two Years Old who have Established Conditions
6A-6.03031: Special Programs for Children Birth Through Two Years Old who are Developmentally Delayed
PURPOSE AND EFFECT: The purpose of this rule amendment is to revise Rule 6A-6.03026, Florida Administrative Code (F.A.C.), for the purpose of conforming references and rule titles to revised rules and to remove obsolete and redundant language. The effect will be a rule that includes accurate references. Additionally, the rule is being revised to clarify that an individual educational plan team may recommend that a child with a disability who is eligible for public kindergarten in accordance with Section 1003.21, Florida Statutes, may continue to receive services in the prekindergarten program for one additional year. While presently permitted in rule, there is no specific limitation with regard to the amount of time this is allowed. The draft language also stipulates that the parent or guardian must be informed of the implications of remaining in the prekindergarten program for an additional year. The effect will be increased parental awareness and understanding of the implications of such a decision.
Rules 6A-6.03030 and 6A-6.03031, F.A.C., are being revised to ensure that procedures and practices for evaluating and determining eligibility for infants and toddlers with established conditions conform to the policies of the Department of Health, Children’s Medical Services, Early Steps program. The Department of Health, Children’s Medical Services is the lead agency for early intervention services provided to infants and toddlers with disabilities through Part C of the Individuals with Disabilities Education Act (IDEA). In collaboration with Early Steps, school districts may provide early intervention services for eligible infants and toddlers with disabilities. The effect will be rules that align with the definitions and requirements of the Department of Health.
SUMMARY: With regard to Rule 6A-6.03026, F.A.C., the title is proposed for amendment; the proposed title deletes reference to “Special Programs.” The language in proposed Rule 6A-6.03026, F.A.C., is updated to reflect consistency with related State Board of Education rules. References to “hearing impaired, “trainable mentally handicapped,” “profoundly handicapped,” “physically impaired,” and “emotionally handicapped” will be deleted since these terms are obsolete. Current terminology is referenced. This proposed rule updates language related to “determination for eligibility and procedures for evaluation” and removes redundant language related to “instructional programs” to reflect consistency and accuracy with related State Board of Education rules. References to the development of individual educational plans (IEP) and individualized family support plans (IFSP) have been removed since this information is found in other rules. The proposed rule clarifies procedures related to the provision of an additional year in the prekindergarten disabilities program. There has been no specific limitation with regard to the amount of time a prekindergarten student with disabilities was allowed to remain in prekindergarten. The proposed change clarifies that an IEP or IFSP team may recommend that a child with a disability who is of kindergarten age may receive one additional year of instruction in the prekindergarten classroom. It also stipulates that the parent or guardian must be informed in writing of the implications of an additional year in the prekindergarten classroom. The funding section related to prekindergarten children with disabilities has been deleted as the language is now obsolete.
The rule titles for Rules 6A-6.03030 and 6A-6.03031, F.A.C., no longer reference “Special Programs” and “Children.” The proposed Rules 6A-6.03030 and 6A-6.03031, F.A.C., describe the criteria for eligibility for exceptional student education by providing accurate references to other State Board of Education rules and the eligibility criteria for infants and toddlers with established conditions or developmental delays as stipulated in the Department of Health, Children’s Medical Services, Early Steps Handbook and Operations Guide, Component 3, “First Contacts/Evaluation/Assessment.” Redundant language related to procedures for eligibility has been removed.
The Department of Health, Children’s Medical Services is the lead agency for early intervention services provided to infants and toddlers with disabilities through Part C of the Individuals with Disabilities Education Act (IDEA). In collaboration with Early Steps, school districts may provide early intervention services for eligible infants and toddlers with disabilities. The effect will be rules that align with the definitions and requirements of the Department of Health.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: : 1) no requirement for SERC was triggered under Section 120.541(1), Florida Statutes, and; 2) based on past experiences with rules that affect individual students and their families in an educational setting and have no impact on small businesses, the adverse impact or regulatory cost, if any, do not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), Florida Statutes.
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.
RULEMAKING AUTHORITY: 1001.02, 1003.01, 1003.21, 1003.57 FS.
LAW IMPLEMENTED: 1003.01, 1003.21, 1003.57 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: February 18, 2013, 10:30 a.m.
PLACE: Le Cordon Bleu College of Culinary Arts, 8511 Commodity Circle, Suite 100, Orlando, FL
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary Jane Tappen, Deputy Chancellor, Division of Public Schools, 325 West Gaines Street, Tallahassee, FL 32399-0400; [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.03026 Eligibility Criteria Special Programs for Prekindergarten Children with Disabilities.

(1) A prekindergarten child with a disability disabilities is a child who meets the following criteria: is below five (5) years of age on or before September 1 and has a sensory, physical, mental, or emotional condition which significantly affects the attainment of normal developmental milestones.

(2) Criteria for eligibility.

(a) A child is eligible for prekindergarten exceptional programs according to the following criteria:

(a) 1. The child is below three (3) years of age and meets criteria for eligibility specified for intellectual disabilities in accordance with Rule 6A-6.03011, F.A.C.; deaf or hard of hearing in accordance with hearing impaired in Rule 6A-6.03013, F.A.C.; visually impaired in accordance with Rule 6A-6.03014, F.A.C.; orthopedically impaired in accordance with physically impaired in Rule 6A-6.030151, F.A.C.; other health impaired in accordance with Rule 6A-6.030152, F.A.C., traumatic brain injury in accordance with Rule 6A-6.030153, F.A.C. trainable mentally handicapped in Rule 6A-6.03011, F.A.C.; dual sensory impaired in accordance with Rule 6A-6.03022, F.A.C.; autism spectrum disorder in accordance with Rule 6A-6.03023, F.A.C.; an established condition in accordance with Rule 6A-6.03030, F.A.C.; or developmentally delayed in accordance with Rule 6A-6.03031, F.A.C.; or profoundly handicapped as specified in Rule 6A-6.03021, F.A.C. In addition, the child meets criteria for eligibility in subparagraph (2)(a)1. of this rule may be eligible for additional programs if the child meets criteria for eligibility specified for speech and language impaired in accordance with Rule 6A-6.03012, F.A.C.; physical therapy in accordance with Rule 6A-6.03024, F.A.C.; or occupational therapy in accordance with Rule 6A-6.03025, F.A.C.

(b) 2. The child is three (3) through five (5) years of age and meets criteria for eligibility specified for intellectual disabilities mentally handicapped in accordance with Rule 6A-6.03011, F.A.C.; speech impaired in accordance with Rule 6A-6.03012, F.A.C.; and language impaired in accordance with Rule 6A-6.030121, F.A.C.; deaf or hard of hearing impaired in accordance with Rule 6A-6.03013, F.A.C.; visually impaired in accordance with Rule 6A-6.03014, F.A.C.; orthopedically physically impaired in accordance with Rule 6A-6.030151, F.A.C.; other health impaired in accordance with Rule 6A-6.030152, F.A.C.; traumatic brain injury in accordance with Rule 6A-6.030153, F.A.C.; emotional or behavioral disabilities emotionally handicapped in accordance with Rule 6A-6.03016, F.A.C.; specific learning disabilities in accordance with Rule 6A-6.03018, F.A.C.; homebound or hospitalized in accordance with Rule 6A-6.03020, F.A.C.; dual sensory impaired in accordance with Rule 6A-6.03022, F.A.C.; autism spectrum disorder in accordance with Rule 6A-6.03023, F.A.C.; profoundly handicapped as specified in Rule 6A-6.03021, F.A.C.; physical therapy in Rule 6A-6.03024, F.A.C.; occupational therapy in Rule 6A-6.03025, F.A.C.; or developmentally delayed in accordance with Rule 6A-6.03027, F.A.C.

3. The child is age five (5) or older on September 1 of the school year and is eligible for programs listed in subparagraphs (2)(a)1. and 2. of this rule, and is assigned to a prekindergarten program in accordance with the student’s individual educational plan (IEP) or family support plan.

(2) (b) Determination of Eligibility. Meetings held to determine recommend eligibility for special programs for children ages birth through five (5) shall be conducted in accordance with Rule paragraph 6A-6.0331(6) (2)(c), F.A.C.

(3) Procedures for evaluation.

(a) An evaluation of the child shall be conducted in accordance with requirements of applicable special program rules listed in subsection (1) subparagraphs (2)(a)1. and 2. of this rule, except the prereferral activities shall not be required and Rule 6A-6.0331, F.A.C.

(b) Existing screening and evaluation information available from agencies that previously served the child and family shall be used, as appropriate, to meet the evaluation requirements of the rules listed in subsection (1) subparagraphs (2)(a)1. and 2. of this rule.

(4) Individual educational plan (IEP) or family support plan.

(a) For children ages birth through two (2), a family support plan in accordance with Rule 6A-6.03029, F.A.C., shall be developed.

(b) For children ages three (3) through five (5), a family support plan in accordance with Rule 6A-6.03029, F.A.C., may be developed in lieu of an IEP.

(c) To the maximum extent appropriate, the educational assignment of prekindergarten children with disabilities shall be provided in the least restrictive environment which ensures interaction with children without disabilities or those with milder delays, or in natural environments. The opportunity for integration shall be specified in the IEP or family support plan.

(4) (5) Instructional program.

(a) The family support plan or individual educational plan (IEP) shall be developed through interagency collaboration with the family and other providers of service to the child and family and in accordance with Rules 6A-6.03028 and 6A-6.03029, F.A.C., and shall include services to provide the parent, guardian, or primary caregiver the opportunity to acquire specific skills and knowledge which will enable them to enhance the child’s cognitive, physical, social, communication, and adaptive behavior.

(a) A child who is eligible for admission to public kindergarten in accordance with Section 1003.21, Florida Statutes, and is eligible as a child with a disability in accordance with one or more of the rules identified in paragraph (1)(b) of this rule, may receive instruction for one additional school year in a prekindergarten classroom in accordance with the child’s individual educational plan (IEP) or individualized family support plan (IFSP).  The parent or guardian of a child who receives instruction for this additional year in prekindergarten must be informed in writing of future implications of such a decision with regard to the requirements of mandatory retention in accordance with Section 1008.25, Florida Statutes. If the parent or guardian does not concur with the IEP or IFSP team’s recommendation for an additional year of instruction in a prekindergarten classroom, the IEP or IFSP team recommendation may not be used to deny admission to public kindergarten of a child who is eligible for admission in accordance with Section 1003.21, Florida Statutes.

(b) In the provision of early intervention services as defined in Rule 6A-6.03411(1)(i), F.A.C., an appropriate educational program for eligible infants or toddlers children with disabilities below age three (3), home instruction may include direct instruction of the parent, guardian, or primary caregiver.

(6) Funding. Prekindergarten children with disabilities who are being served in the home or hospital on a one-to-one basis in accordance with paragraph 6A-6.0311(1)(g), F.A.C., shall be funded at the homebound and hospitalized program cost factor. When receiving instruction in a group setting, in accordance with paragraphs 6A-6.0311(1)(b)-(f), F.A.C., children with disabilities in this program shall be funded at the program cost factor for the applicable special program.

Rulemaking Specific Authority 1000.01 1001.02, 1003.01, 1003.21, 1003.57 FS. Law Implemented 1003.01, 1003.21, 1003.57 1011.62(1)(c) FS. History–New 5-18-86, Amended 7-13-93, 1-4-94,             .

 

6A-6.03030 Exceptional Student Education Eligibility Special Programs for Infants or Toddlers Children Birth Through Two Years Old who have Established Conditions.

(1) Definition. An infant or toddler A child with an established condition is defined as a child from birth through two (2) years of age with a diagnosed physical or mental condition known to have a high probability of resulting in developmental delay or disability. Such conditions shall  include genetic and disorders, metabolic disorders, neurological disorders abnormalities and insults, a or severe attachment disorder, an autism spectrum disorder, a sensory impairment (vision or hearing), or the infant’s birth weight was less than 1,200 grams.

(2) Criteria for eligibility. An infant or toddler A child is eligible for exceptional student education when a team of qualified professionals and the parent or guardian in accordance with Rule 6A-6.0331(6), F.A.C., determine that all the special program for children who have established conditions when the following criteria are met:

(a) The infant or toddler child is below the age of thirty-six (36) months; and

(b) A licensed physician(s), qualified to assess the child’s physical or mental condition, makes a diagnosis or suspected diagnosis of a condition that has a high probability of resulting in developmental delay or disability.

(b) The requirements of Rule 6A-6.0331(2), F.A.C., have been met; and,

(c) There is written evidence that the Department of Health, Children’s Medical Services, Part C Local Early Steps has determined that the infant or toddler has an established condition as defined in subsection (1) or this rule; and,

(d) The infant or toddler needs early intervention services as defined in Rule 6A-6.03411(1)(i), F.A.C.

(3) Procedures for evaluation. Before eligibility determination, the following activities shall be completed:

(a) A review of existing medical, psychological, and social information and other related data;

(b) A screening for vision and hearing;

(c) A report of a medical examination within the previous six month period, from a licensed physician(s) qualified to assess the child’s physical or mental condition. Such a report shall include a written statement of the child’s diagnosis or suspected diagnosis.

(d) A developmental assessment conducted by the multidisciplinary team that includes the parent to determine the unique needs of the child. Such an assessment shall include the parent’s report of the child’s development and behavior and will assist in determining the early intervention services needed.

(e) When determined necessary by the multidisciplinary evaluation team, and in consultation with the parent, the evaluation may also include, but not be limited to, an audiological evaluation, psychological evaluation, speech and language evaluation, physical therapy evaluation, additional medical evaluations, social work evaluation, and/or an occupational therapy evaluation.

(f) For a child with a severe attachment disorder, a psychological evaluation completed by a licensed psychologist or certified school psychologist must be included in the evaluation.

(4) Development of the Family Support Plan.

(a) The family support plan shall be developed in collaboration with the family and other providers of service to the child and family and in accordance with Rules 6A-6.03026, 6A-6.03029, and 6A-6.0331, F.A.C.

(b) Because of the rapid development of young children and the changing needs of families, ongoing observations and/or assessments shall be conducted at least every six (6) months for the purpose of completing the periodic review of the family support plan.

(3) (5) Continued eligibility. Continued eligibility for exceptional student education programs shall be determined before the child’s third birthday.

(6) For the purpose of reporting FTE, this rule becomes effective October 1, 1993.

Rulemaking Specific Authority 1001.02 1001.42(4)(1), 1003.01, 1003.21, 1003.57, 1011.62(1)(c) FS. Law Implemented 1000.01, 1001.42(4)(1), 1003.01, 1003.21, 1003.57(5), 1011.62(1)(c) FS. History–New 11-29-93 Amended,             .

 

6A-6.03031 Exceptional Student Education Eligibility Special Programs for Infants and Toddlers Children Birth Through Two Years Old who are Developmentally Delayed.

(1) Definition. An infant or toddler A child who is developmentally delayed is defined as a child from birth through two years of age who has a delay in one (1) or more of the following developmental domains areas:

(a) Adaptive or self help development;

(b) Cognitive development;

(c) Communication development;

(d) Social or /emotional development;

(e) Physical/motor development;

(2) Criteria for eligibility. An infant or toddler A child is eligible for exceptional student education the special program for children who are developmentally delayed when a team of qualified professionals and the parent or guardian in accordance with Rule 6A-6.0331(6), F.A.C., determine that all the following criteria are met:

(a) The child is below the age of thirty-six (36) months; and

(b) There is documentation of one of the following:

1. A score of 1.5 standard deviations below the mean in two (2) or more developmental domains as measured by at least one (1) appropriate diagnostic instrument and procedures, and informed clinical opinion at least one (1) area of development. For children below the age of twenty-four (24) months, the delay shall be defined in accordance with the child’s corrected age; or

2. A score of 2.0 standard deviations below the mean in one (1) developmental domain as measured by at least one (1) appropriate diagnostic instrument and procedures, and informed clinical opinion; or A twenty-five (25) percent delay on measures yielding scores in months in at least one area of development. For children below the age of twenty-four (24) months, the delay shall be defined in accordance with the child’s corrected age; or

3. Based on informed clinical opinion a determination has been made that a developmental delay exists and the observation of atypical functioning, the multidisciplinary team makes a recommendation that a developmental delay exists and exceptional student educational services are needed.

(c) The multidisciplinary team, in accordance with paragraph 6A-6.0331(2)(b), F.A.C., has considered the effects of the environment, cultural differences, or economic disadvantage in determining that a developmental delay exists.

(c) The requirements of Rule 6A-6.0331(2), F.A.C., have been met; and,

(d) There is written evidence that the Department of Health, Children’s Medical Services, Part C Local Early Steps has determined that the infant or toddler has a developmental delay as defined in paragraph (2)(b) of this rule; and,

(e) The infant or toddler needs early intervention services as defined in Rule 6A-6.03411(1)(i), F.A.C.

(3) Procedures for evaluation. Before eligibility determination the following activities shall be completed:

(a) A review of existing medical, psychological and social information and other related data;

(b) A screening for vision and hearing;

(c) Documentation of a delay by a multidisciplinary team in accordance with paragraph 6A-6.0331(2)(c), F.A.C., utilizing at least one (1) measure of assessment which includes, standardized instruments, judgement based assessments, criterion referenced instruments, functional skills assessments, or other procedures selected in consultation with the parent(s);

(d) A parent report of the child’s development and behavior to assist in determining the early intervention services needed;

(e) When determined necessary by the multidisciplinary evaluation team, and in consultation with the parent, procedures for evaluation may also include, but not be limited to, a speech and language evaluation, physical therapy evaluation, additional medical evaluations, psychological evaluation, audiological evaluation, social work evaluation and/or occupational therapy evaluation; and

(f) When a developmental delay cannot be verified by use of a standardized instrument, the delay(s) may be established through informed clinical opinion and the observation of atypical functioning in one (1) or more of the developmental areas. A report shall be written documenting the evaluation procedures used, the results obtained, and the basis for recommending eligibility.

(4) Development of the Family Support Plan.

(a) The family support plan shall be developed in collaboration with the family and other providers of service to the child and family and in accordance with Rules 6A-6.030326, 6A-6.03029, and 6A-6.0331, F.A.C.

(b) Because of the rapid development of young children and the changing needs of families, ongoing observations and/or assessments shall be conducted at least every six months for the purpose of completing the periodic review of the family support plan.

(3) (5) Continued eligibility. Continued eligibility for exceptional student education programs shall be determined before the child’s third birthday.

(6) For the purpose of reporting FTE, this rule becomes effective October 1, 1993.

Rulemaking Specific Authority 1001.02 1001.42(4)(1), 1003.01, 1003.21, 1003.57, 1011.62 FS. Law Implemented 1000.01, 1001.02, 1001.42(4)(1), 1003.01, 1003.21, 1011.62(1)(c) FS. History–New 11-29-93, Amended,             .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mary Jane Tappen, Deputy Chancellor, Division of Public Schools
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 11, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 6, 2012