The proposed rule amendment reflects updates to Rules 6A-6.03012 and 6A-6.030121, F.A.C., recent revisions to the Diagnostic and Statistical Manual of Mental Disorder, Fifth Edition (DSM-5), and provides additional specificity related to autism ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.03023Exceptional Student Education Eligibility for Students With Autism Spectrum Disorder

PURPOSE AND EFFECT: The proposed rule amendment reflects updates to Rules 6A-6.03012 and 6A-6.030121, F.A.C., recent revisions to the Diagnostic and Statistical Manual of Mental Disorder, Fifth Edition (DSM-5), and provides additional specificity related to autism spectrum disorder and the evaluations required to determine eligibility.

SUMMARY: The rule amendment addresses the requirements for the determination of eligibility as a student with autism spectrum disorder. Some of the specific elements addressed in this rule include definitions, procedures for referral, procedures for student evaluation and criteria for eligibility. The current rule is aligned with the requirements of the Individuals with Disabilities Education Act.

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), F.S., 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), F.S.

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: 1003.01, 1003.57, 1003.571 FS.

LAW IMPLEMENTED: 1003.01, 1003.57, 1003.571 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: February 25, 2015, 2:15 p.m.

PLACE: Room LL03, The Capitol, 400 South Monroe Street, Tallahassee, Florida

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary Jane Tappen, Executive Vice Chancellor, K-12 Public Schools, 325 West Gaines Street, Suite 1502, Tallahassee, Florida 32399-0400

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.03023 Exceptional Student Education Eligibility for Students With Autism Spectrum Disorder.

(1) Definition. Students with Autism Spectrum Disorder. Autism sSpectrum dDisorder is a condition that reflects a wide range of symptoms and levels of impairment, which vary in severity from one (1) individual to another defined to be a range of pervasive developmental disorders that adversely affects a student’s functioning and results in the need for specially designed instruction and related services. Autism sSpectrum dDisorder is characterized by an atypical uneven developmental profile with and a pattern of qualitative impairments in social interaction and social communication, and the presence of restricted or repetitive, and/or stereotyped patterns of behavior, interests, or activities, which occur across settings. These characteristics may manifest in a variety of combinations and range from mild to severe. Autism Spectrum Disorder may include Autistic Disorder, Pervasive Developmental Disorder Not Otherwise Specified, Asperger’s Disorder, or other related pervasive developmental disorders.

(2) General education interventions and activities. Prior to referral for evaluation the requirements in subsection 6A-6.0331(1), F.A.C., must be met.

(3) Evaluation. In addition to the procedures identified in subsection 6A-6.0331(5), F.A.C., the district shall conduct a full and individual evaluation that addresses the core features of autism spectrum disorder to include deficits in social interaction, social communication, and restricted or repetitive, patterns of behavior, interests, or activities. An evaluation for determining eligibility shall include the following components:

(a) Documented and dated Bbehavioral observations conducted by members of the evaluation team targeting social interaction, social communication skills, and restricted or repetitive stereotyped patterns of behavior, interests, or activities, across settings. General education interventions and activities conducted prior to referral may be used to meet this criterion, if the activities address the elements identified in this paragraph;

(b) A comprehensive social/developmental history based on an interview with compiled with the parents(s) or guardian(s) that addresses the core features of autism spectrum disorder;

(c) A comprehensive psychological evaluation that includes assessment of academic, intellectual, social- emotional, and behavioral functioning and must include at least one (1) standardized instrument specific to autism spectrum disorder to identify present levels of performance and uneven patterns of development in language, social interaction, adaptive behavior, and cognitive skills;

(d) A comprehensive speech/language evaluation that includes assessment of the pragmatic (both verbal and nonverbal) and social interaction components of social communication. An observation of the student’s social communication skills must be conducted by a speech language pathologist; and,

(e) A standardized assessment of adaptive behavior; and Medical information provided shall be considered.

(f) If behavioral concerns are present, a functional behavioral assessment is conducted to inform behavioral interventions on the student’s individual educational plan.

(4) Criteria for eligibility. A student with aAutism sSpectrum dDisorder is eligible for exceptional student education if all of the following criteria are met:

(a) Evidence of all of the following:

1. Uneven developmental profile as evidenced by inconsistencies across or within the domains of language, social interaction, adaptive behavior, and/or cognitive skills; and

1.2. Impairment in social interaction as evidenced by delayed, absent, or atypical ability to relate to individuals people or the environment; and

2.3. Impairment in verbal and/or nonverbal language skills used for or social communication; skills, and

3.4. Restricted or repetitive, and/or stereotyped patterns of behavior, interests, or activities. ; and

(b) The core features identified in subparagraphs (4)(a)1., (4)(a)2., and (4)(a)3. of this rule, occur across settings.

(c)(b) The student needs special education as defined in paragraph 6A-6.03411(1)(kk), F.A.C.

Rulemaking Authority 1003.01, 1003.57, 1003.571 FS. Law Implemented 1003.01, 1003.57, 1003.571 FS. History–New 7-2-79, Formerly 6A-6.3023, Amended 7-1-07, 12-15-09,_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mary Jane Tappen, Executive Vice Chancellor, K-12 Public Schools

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 15, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 31, 2014