The purpose this amendment is to update rule language to reflect current knowledge in the field and to insure consistency with the federal law, the Individuals with Disabilities Education Act (IDEA) 20 U.S.C. Chapter 33, and its implementing ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.03022Special Programs for Students who are Dual-Sensory Impaired

PURPOSE AND EFFECT: The purpose this amendment is to update rule language to reflect current knowledge in the field and to insure consistency with the federal law, the Individuals with Disabilities Education Act (IDEA) 20 U.S.C. Chapter 33, and its implementing regulations. The effect of this revision will be consistency with the federal requirements and current knowledge in the field.

SUMMARY: The rule has been amended with regard to the definition, eligibility criteria, and evaluation procedures. These amendments reflect current knowledge in the respective disability fields.

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: 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: November 18, 2014, 8:30 a.m.

PLACE: Seminole State College, Heathrow Campus, 1055 AAA Drive, Heathrow, FL 32746

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, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

(Substantial rewording of Rule 6A-6.03022 follows. See Florida Administrative Code for present text.)

 

6A-6.03022 Exceptional Special Programs for Students Education Eligibility for Students with who are Dual Sensory Impairments Impaired.

(1) Definitions.

(a) Dual sensory impairment is defined to mean concomitant hearing and visual impairments, or an etiology or diagnosed medical condition that indicates a potential dual sensory loss, the combination of which impacts communication, independence, and other developmental and educational needs.

(b) Functional blindness is defined to mean that the physical structures of the eye may be functioning, but the student does not attend to, examine, or utilize visual information. This may include cortical visual impairment.

(c) Functional hearing loss is defined to mean that parts of the auditory system may be functioning but the student does not attend to, respond, localize, or utilize auditory information. This may include cortical hearing impairment or auditory neuropathy or auditory dyssynchrony.

(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 minimum evaluation procedures for determining eligibility shall include all of the following:

(a) A medical eye examination by a ophthalmologist or optometrist licensed in Florida in accordance with Chapter 458 or 463, F.S., unless a report of medical examination from a physician licensed in another state is permitted in accordance with paragraph 6A-6.0331(3)(e), F.A.C., describing: etiology, diagnosis, treatment regimen, prognosis, near and distance vision, corrected and uncorrected acuity measures for left eye, right eye, and both eyes, measure of field of vision, and recommendations for lighting levels, physical activity, aids, or use of glasses, as appropriate;

(b) An audiological evaluation;

(c) A comprehensive assessment of skills known to be impacted by hearing and vision impairments, to include: functional hearing assessment; an assessment of social development; evaluation of receptive and expressive communication by a speech and language pathologist; functional vision evaluation; learning media assessment; and, if appropriate, orientation and mobility assessment and sign language assessment; and

(d) If available, a medical report from a physician licensed in Florida in accordance with Chapter 458 or 463, F.S., unless a report of medical examination from a physician licensed in another state is permitted in accordance with paragraph 6A-6.0331(3)(e), F.A.C., describing the etiology or diagnosis of the student’s medical condition that does, or has the potential to, result in dual sensory loss.

(4) Criteria for eligibility. A student with a dual sensory impairment is eligible for exceptional student education when either of the following criteria is met:

(a) For students diagnosed with a medical condition having the potential for dual sensory loss:

1. A medical report from a physician licensed in Florida in accordance with Chapter 458 or 463, F.S., unless a report of medical examination from a physician licensed in another state is permitted in accordance with paragraph 6A-6.0331(3)(e), F.A.C., confirming the existence of such a diagnosis, its prognosis, and the potential for dual sensory loss; and

2. The student needs special education as defined in Rule 6A-6.03411, F.A.C.; or

(b) For students with vision and hearing impairments:

1. The student meets criteria listed in subsection 6A-6.0314(4), F.A.C., or has functional blindness; and

2. The student meets criteria listed in subsection 6A-6.0313(4), F.A.C., or has functional hearing loss; and

3. The student needs special education as defined in Rule 6A-6.03411, F.A.C.

(5) Students identified with a dual sensory impairment shall be included in the state’s annual census report for the national child count of children and youth who are both deaf and blind and be registered to receive materials from the Florida Instructional Materials Center for the Visually Impaired.

(6) Reevaluation shall occur at least every three (3) years and shall include, a comprehensive assessment of skills known to be impacted by hearing and vision impairments, to include: functional hearing assessment; an assessment of social development; evaluation of receptive and expressive communication by a speech and language pathologist; functional vision evaluation; learning media assessment; and, if appropriate, orientation and mobility assessment and sign language assessment.

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-6.3022, Amended 10-3-91, 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: October 13, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 25, 2014