This rule is to be repealed. 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 IDEA. In collaboration with Early Steps, ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.03032Procedural Safeguards for Children with Disabilities Ages Birth Through Two Years.

PURPOSE AND EFFECT: This rule is to be repealed. 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 IDEA. In collaboration with Early Steps, school districts may provide early intervention services for eligible infants and toddlers with disabilities. In the event the school district serves Part C eligible infants and toddlers, the Part C procedural safeguards should be provided to the family. Implementation of the content of the procedural safeguards, such as requirements of notice, consent, explaining the safeguards and family rights, etc., would be a responsibility of the Early Steps service coordinator and would not be an appropriate function of the school district to assume. The Department of Health, Children’s Medical Services, Early Steps has developed current policies and guidance to ensure that infants and toddlers and their families are guaranteed procedural safeguards with respect to the provision of early intervention services. These policies also provide current Early Steps procedures for right to a due process hearing.

SUMMARY: The content of Rule 6A-6.03032, F.A.C., is incorporated in the Department of Health, Children’s Medical Services, Early Steps Policy Handbook and Operations Guide and is accessible to all providers of IDEA Part C services on the website at http://www.cms-kids.com/home/resources/policies.html. For this reason, the repeal of Rule 6A-6.03032, F.A.C., is proposed.

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 s. 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 s. 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), 1003.21(1)(e), 1003.57(5) FS.

LAW IMPLEMENTED: 1001.03(8), 1001.42(4)(l), 1003.01(3)(a), (b), 1003.21(1)(e), 1003.57.(5), 1011.62(1)(c) FS.

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

DATE AND TIME: December 4, 2015, 9:30 a.m.

PLACE: Conference call (The call in information will be posted on the Department’s website no later than 14 days prior to the meeting at http://www.fldoe.org/policy/state-board-of-edu/meetings/).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary Jane Tappen, Executive Vice Chancellor, K-12 Public Schools, 325 West Gaines St., Tallahassee, FL 32399, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.03032 Procedural Safeguards for Children with Disabilities Ages Birth Through Two Years.

Rulemaking Authority 1001.02(1), (2)(n), 1003.01(3)(a), (b), 1003.21(1)(e), 1003.57(5) FS. Law Implemented 1001.03(8), 1001.42(4)(l), 1003.01(3)(a), (b), 1003.21(1)(e), 1003.57.(5), 1011.62(1)(c) FS. History–New 1-4-94, Amended 9-20-04, Repealed,______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Hershel Lyons, 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 29, 2015