The purpose is to update language to reflect changes in Sections 1003.4282 and 1003.4203, F.S., which were amended during the 2014 legislative session, and Section 1003.5716, F.S., which was created during the 2014 legislative session. The rule ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.03028Provision of Free Appropriate Public Education (FAPE) and Development of Individual Educational Plans for Students with Disabilities

PURPOSE AND EFFECT: The purpose is to update language to reflect changes in Sections 1003.4282 and 1003.4203, F.S., which were amended during the 2014 legislative session, and Section 1003.5716, F.S., which was created during the 2014 legislative session. The rule proposes to amend the requirements for transition planning before the age of 14 to include a statement of intent to pursue a standard high school diploma pursuant to Section 1003.4282(1)-(9), F.S., or Section 1003.4282(11), F.S., and a Scholar or Merit designation in accordance with Section 1003.4285, F.S., as determined by the parent and the preparation needed for the student to graduate with the option and designation chosen. In addition the rule proposes to amend the requirements related to the transition plan to include, beginning not later than the first individual educational plan (IEP) to be in effect when the student turns 16, a statement of intent to receive a standard high school diploma before the student attains the age of 22 and how the student will fully meet the requirements; in addition, a statement of the outcomes and the additional benefits expected by the parent and the IEP team at the time of the student’s graduation is required. Beginning in the 2015-2016 school year, the IEP must reflect a statement of intent regarding the Career and Professional Education (CAPE) digital tool certificates and the CAPE industry certifications that the student seeks to attain before high school graduation. The Model Communication Plan for students who are deaf or hard of hearing is also proposed for revision.

SUMMARY: The proposed rule clarifies the obligation to provide FAPE by adding reference to deferral of standard diploma; Amends the role of parents in developing, reviewing and revising the IEP to include course of study leading to a standard diploma with a Scholar or Merit designation; Proposes to add consideration of career goals in addition to a student’s postsecondary goals; Changes reference to the Model Communication Plan by deleting the word “model” and amends the content of the plan; Clarifies when a medically complex exemption is granted, the same notification that exists for an extraordinary exemption applies; Amends the requirement for transition planning before the age of 14 to include a statement of intent to pursue a standard high school diploma and a Scholar or Merit designation; The preparation needed for the student to graduate from high school with the standard diploma option and designation the student intends to pursue; and consideration of the student’s need for instruction or the provision of information in the area of self-determination and self-advocacy to assist the student to be able to actively and effectively participate in IEP meetings and self-advocate, beginning no later than age 14, so that necessary postsecondary and career goals may be identified and in place by age 16; Proposes to amend the requirement related to the transition plan to include, beginning not later than the first IEP to be in effect when the student turns 16 or younger, if determined appropriate by the IEP team and updated annually: A statement of intent to receive a standard high school diploma before the student attains the age of 22 and how the student will fully meet the requirements of Section 1003.4282(3) or 1003.4282(11), F.S; and a statement of the outcomes and the additional benefits expected by the parent and the IEP team at the time of the student’s graduation. Amends the content of the IEP to include, beginning with the 2015-2016 school year, a statement identifying the CAPE digital industry tool certificates and the CAPE industry certifications that the student seeks to attain before high school graduation, if any, pursuant to Section 1003.4203, F.S; Amends the role of the parent to include changes to the IEP, the parent, or the adult student if rights have transferred in accordance with subsection 6A-6.03311(8), F.A.C., must approve any change in the selected graduation option and any changes made to the postsecondary or career goals and may select an independent reviewer, as provided in Section 1003.572, F.S., to verify appropriateness; and amends references to vocational education to career technical education.

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: 1001.02(1), (2)(n), 1003.01(3)(a), (b), 1003.4282, 1003.55, 1003.57, 1003.571, 1003.5715, 1008.22 FS.

LAW IMPLEMENTED: 1001.03(8), 1001.42(4)(l), 1002.33, 1002.38, 1003.01(3)(a), (b), 1003.4203, 1003.4282, 1003.55, 1003.57, 1003.571, 1003.5715, 1003.5716, 1008.22 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:

 

6A-6.03028 Provision of Free Appropriate Public Education (FAPE) and Development of Individual Educational Plans for Students with Disabilities.

(1) Entitlement to FAPE. All students with disabilities aged three (3) through twenty-one (21) residing in the state have the right to FAPE consistent with the requirements of Section 1003.571, F.S. and Rules 6A-6.03011 through 6A-6.0361, F.A.C. FAPE shall be made available to students with disabilities, including students who have been suspended or expelled, and any individual student with a disability who needs special education and related services, even though the student has not failed or been retained in a course or grade, and is advancing from grade to grade. The obligation to make FAPE available to all students with disabilities does not apply with respect to the following:

(a) Students with disabilities who have graduated from high school with a standard diploma, and who have not deferred receipt of the diploma, in accordance with Section 1003.4282(11)(c), F.S. A standard diploma does not include an alternative degree that is not fully aligned with the state’s academic standards, such as a certificate of completion or a general educational development credential (GED); and

(b) through (2) No change.

(3) IEP Requirements. An IEP must be developed, reviewed, and revised for each eligible student or child with a disability served by a school district, or other state agency that provides special education and related services either directly, by contract, or through other arrangements, in accordance with this rule. Parents are partners with schools and school district personnel in developing, reviewing, and revising the IEP for their student.

(a) Role of parents. The role of parents in developing IEPs includes, but is not limited to:

1. Providing critical information regarding the strengths of their student;

2. Expressing their concerns for enhancing the education of their student so that their student can receive FAPE;

3. Participating in discussions about the student’s need for special education and related services;

4. Participating in the determination of how the student will be involved and progress in the general curriculum, including participation in the statewide assessment program and in district-wide assessments;

5. Participating in the determination of what services the school district will provide to the student and in what setting; and

6. Participating in the determination of which whether the student is pursuing a course of study leading towards a standard diploma the student will pursue, consistent with Sections 1003.428 and 1003.4282, F.S., to include a course of study leading to a Scholar or Merit designation in accordance with Section 1003.4285, F.S. or a special diploma, consistent with Section 1003.438, F.S.

(b) through 4. No change.

5. Not later than the first IEP to be in effect when the student turns sixteen (16), or younger if determined appropriate by the IEP Team, the notice must also indicate that a purpose of the meeting will be consideration of the postsecondary and career goals and transition services for the student, that the district will invite the student, and identify any other agency that will be invited to send a representative to the meeting.

6. through (c)6. No change.

7. The student, if appropriate, and in all cases where a purpose of the meeting will be the identification of the student’s transition services needs or consideration of postsecondary goals for the student and the transition services needed to assist the student in reaching those goals. If the student does not attend the IEP meeting to identify transition services needs or consider postsecondary and career goals and transition services, the school district shall take other steps to ensure that the student’s preferences and interests are considered.

8. through (g)8. No change.

9. In the case of a student who is deaf or hard-of-hearing or dual-sensory impaired, the Model Communication Plan fForm 313189, effective December March 2014, is available at (http://www.flrules.org/Gateway/reference.asp?No=Ref-_____03382) or may be obtained from the Department of Education, Bureau of Exceptional Education and Student Services, 325 West Gaines Street, Room 614, Tallahassee, FL 32399. The Model Communication Plan form is incorporated by reference and shall be used to address, the student’s language and communication needs, opportunities for direct communications with peers and professional personnel in the student’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the student’s language and communication mode;

10. through (h)4. No change.

5. A statement of any individual appropriate accommodations in the administration of statewide standardized assessments as described in Section 1008.22(3), F.S., or district assessments of student achievement that are necessary in order to measure the academic achievement and functional performance of the student on the assessments. Accommodations that negate the validity of a statewide assessment are not allowable in accordance with Section 1008.22(3)(c)3., F.S. If the IEP Team determines that the student will take the Florida Alternate Assessment instead of other statewide standardized assessments or an alternate district assessment of student achievement, the IEP must include a statement of why the student cannot participate in other statewide standardized assessments or district assessments and, if applicable, why the particular district alternate assessment selected is appropriate for the student. If a student does not participate in the statewide assessment program as a result of being granted an extraordinary exemption in accordance with the provisions of Section 1008.212, F.S., or a medically complex exemption in accordance with Section 1008.22(9), F.S., the district must notify the student’s parent and provide the parent with information regarding the implications of such nonparticipation in accordance with Section 1008.22(3), F.S.

6. through 7. No change.

8. In accordance with Rule 6A-1.09961, F.A.C., during the student’s eighth (8th) grade year or during the school year of the student’s fourteenth (14th) birthday, whichever comes first, a statement of whether the student is pursuing a course of study leading to a standard diploma or a special diploma.

8.9. Before attaining the age of fourteen (14), iIn order to ensure quality transition planning and services, IEP tTeams shall begin the process of identifying transition services needs of students with disabilities, to include the following:

a. A statement of intent to pursue a standard high school diploma pursuant to Section 1003.4282(1)-(9), F.S., or Section 1003.4282(11), F.S., and a Scholar or Merit designation in accordance with Section 1003.425, F.S., as determined by the parent;

b. The preparation needed for the student to graduate from high school with a standard diploma and a Scholar or Merit diploma designation as determined by the parent; and

c. Cconsideration of the student’s need for instruction or the provision of information in the area of self-determination and self-advocacy to assist the student to be able to actively and effectively participate in IEP meetings and self-advocate, beginning no later than age fourteen (14), so that needed postsecondary and career goals may be identified and in place by age sixteen (16).

9.10. Beginning not later than the first IEP to be in effect when the student turns sixteen (16), or younger, if determined appropriate by the IEP Team and updated annually, the IEP must include the following:

a. A statement of intent to receive a standard high school diploma before the student attains the age of twenty-two (22) and a description of how the student will fully meet the requirements of Section 1003.4282, F.S. This requirement does not apply if the student entered grade 9 prior to the 2014-2015 school year and is pursuing a special diploma in accordance with the student’s IEP;

b. A statement of the outcomes and the additional benefits expected by the parent and the IEP team at the time of the student’s graduation;

c.a. A statement of appropriate measurable postsecondary and career goals based upon age appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills and the transition services (including courses of study) needed to assist the student in reaching those goals; and.

d.b. If a participating agency responsible for transition services, other than the school district, fails to provide the transition services described in the IEP, the school district shall reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the student set out in the IEP. However, this does not relieve any participating agency, including Division of Vocational Rehabilitation Services, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency.

10.11. Beginning at least one (1) year before the student’s eighteenth (18th) birthday, a statement that the student has been informed of his or her rights under Part B of the IDEA, if any, that will transfer from the parent to the student on reaching the age of majority, which is eighteen (18) years of age.

11. Beginning with the 2015-2016 school year, a statement identifying the Career and Professional Education (CAPE) digital tool certificates and the CAPE industry certifications that the student seeks to attain before high school graduation, if any, pursuant to Section 1003.4203, F.S.

(i) through (j) No change.

(k) Changes to the IEP. Generally, changes to the IEP must be made by the entire IEP Team at an IEP Team meeting and may be made by amending the IEP rather than by redrafting the entire IEP. However, in making changes to a student’s IEP after the annual IEP meeting for a school year, the parent and the school district may agree not to convene an IEP Team meeting for purposes of making those changes, and instead may develop a written document to amend or modify the student's current IEP. If changes are made to the student’s IEP without a meeting, the school district must ensure that the student’s IEP Team is informed of those changes. Upon request, a parent must be provided with a revised copy of the IEP with the amendments incorporated. In addition, the following changes to the IEP and decisions made by the IEP team must be approved by the parent or the adult student if rights have transferred in accordance with Rule 6A-6.03311(8), F.A.C. Such changes are subject to an independent reviewer selected by the parent as provided in Section 1003.572, F.S., and include:

1. Changes to the postsecondary or career goals; and,

2. Beginning with students entering grade 9 in the 2014-2015 school year, changes in the selected graduation option specified in the student’s IEP and any waiver of statewide standardized assessment results made by the IEP team in accordance with the provisions of Section 1008.22(3)(c), F.S.

(l) through (s) No change.

(t) Program options. Each school district must take steps to ensure that its students with disabilities have available to them the variety of educational programs and services available to nondisabled students in the area served by the school district, including art, music, industrial arts, consumer and homemaking education, and career technical vocational education.

Rulemaking Authority 1001.02(1), (2)(n), 1003.01(3)(a), (b), 1003.4282, 1003.55, 1003.57, 1003.571, 1003.5715, 1008.22 FS. Law Implemented 1002.33, 1003.01(3)(a), (b), 1003.4203, 1003.4282,1003.55, 1003.57, 1003.571, 1003.5715, 1003.5716, 1008.22 FS. History–New 7-13-93, Amended 10-17-04, 12-22-08, 12-15-09, 3-25-14,__________.

 

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: September 4, 2014