The purpose is to clarify that educational plans are for those students who are identified as gifted. For a student who is identified as gifted and also identified as a student with a disability, the strengths, needs and services associated with a ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.030191Development of Educational Plans for Exceptional Students Who Are Gifted

PURPOSE AND EFFECT: The purpose is to clarify that educational plans are for those students who are identified as gifted. For a student who is identified as gifted and also identified as a student with a disability, the strengths, needs and services associated with a students’ giftedness must be addressed in the student’s individual educational plan.

SUMMARY: This rule provides guidelines for developing educational plans for exceptional students who are gifted.

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: 1001.42(4)(1), 1003.57 FS.

LAW IMPLEMENTED: 1000.01, 1001.42(4)(1), 1003.57(5) 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-6.030191 Development of Educational Plans for Exceptional Students Who Are Gifted.

Educational pPlans (EPs) are developed for students whose only identified exceptionality is solely as gifted. For a student identified as gifted in accordance with Rule 6A-6.03019, F.A.C., and who is also identified as a student with a disability, as defined in paragraph 6A-6.03411(1)(f), F.A.C., the strengths, needs and services associated with a student’s giftedness must be addressed in the student’s individual educational plan (IEP) consistent with the requirements in Rule 6A-6.03028, F.A.C. Parents are partners with schools and school district personnel in developing, reviewing, and revising the educational plan (EP) for their child. Procedures for the development of the EPs for exceptional students who are gifted, including procedures for parental involvement, shall be set forth in each district’s Policies and Procedures for the Provision of Specially Designed Instruction and Related Services to Exceptional Students document and shall be consistent with the following requirements.

(1) No change.

(2) Parent participation. Each school board shall establish procedures that which shall provide for parents to participate in decisions concerning the EP. Such procedures shall include the following:

(a) Each district shall take the following steps to ensure that one (1) or both of the parents or legal guardians of a student who is gifted is present or is afforded the opportunity to participate at each EP meeting:

1. Notifying parents or legal guardians of the meeting early enough to ensure that they will have an opportunity to attend; and,

2. Scheduling the meeting at a mutually agreed on time and place.

(b) A written notice of the meeting must be provided to the parents or legal guardians and must indicate the purpose, time, location of the meeting, and who, by title and or position, will be attending. The notice must also include a statement informing the parents that they have the right to invite an individual with special knowledge or expertise about their child.

(c) If neither parents or legal guardians can attend, the school district shall use other methods to ensure parent participation, including individual or conference telephone calls or video conferencing.

(d) through (f) No change.

(3) Educational plan (EP) team participants. The EP team shall include the following participants:

(a) The parents of the student in accordance with subsection (2) of this rule;

(b) One regular education teacher of the student who, to the extent appropriate, is involved in the development and review of the a student’s EP. Involvement may be the provision of written documentation of the a student’s strengths and needs;

(c) through (g) No change.

(4) Contents of Educational Plans (EPs). EPs for students who are gifted must include:

(a) A statement of the student’s present levels of performance which may include, but is not limited to, the student’s strengths and interests;, the student’s needs beyond the general curriculum;, results of the student’s performance on state and district assessments;, and evaluation results;

(b) A statement of goals, including benchmarks or short-term objectives;

(c) through (5) No change.

(6) Timelines. Timelines for EP meetings for students who are gifted shall include the following:

(a) through (b) No change.

(c) Meetings shall be held to develop and revise the EP at least every three (3) years for students in Kindergarten - grades K-8 and at least every four (4) years for students in grades 9-12. EPs may be reviewed more frequently as needed, such as when the student transitions from elementary to middle school and middle to high school or if the student’s parent or teacher requests a review.

(7) EP iImplementation. An EP must be in effect before specially designed instruction is provided to an eligible student and is implemented as soon as possible following the EP meeting.

(a) through (b) No change.

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

 

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 31, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 4, 2015