PURPOSE AND EFFECT: The purpose of this rule is to establish the requirements for admission and continued enrollment in the Florida School for the Deaf and the Blind.

 

DEPARTMENT OF EDUCATION
Florida School for the Deaf and the Blind

RULE NO.:RULE TITLE:
6D-3.002Admission and Enrollment Requirements
PURPOSE AND EFFECT: PURPOSE AND EFFECT: The purpose of this rule is to establish the requirements for admission and continued enrollment in the Florida School for the Deaf and the Blind.
SUMMARY: Amends the requirements for admission and continued enrollment in the Florida School for the Deaf and the Blind.
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.
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: 1002.36(4)(c) FS.
LAW IMPLEMENTED: 1002.36(4)(e) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Cindy Day, [phone].

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewording of Rule 6D-3.002 follows. See Florida Administrative Code for present text.)

6D-3.002 Admission and Enrollment Requirements.

(1) Definitions.  All references to “School” shall mean to the Florida School for the Deaf and Blind (FSDB).

(a)  Admission. The registration of a student who has been determined to meet the School’s eligibility criteria for enrollment as a full-time student in the educational program at the Florida School for the Deaf and Blind.   

(b)  Applicant. A child or adult student who seeks admission into the educational program of the School.

(c) Application. The form provided by the School to all individuals seeking admission to the School’s educational program. Accurate completion of the form is mandatory and a prerequisite to the process for determining the individual’s eligibility for admission.

(d)  Application process.  Also known as the Intake Process.  The process for determining an individual’s eligibility for admission to the School’s educational program.  The process shall start with the applicant submitting a complete and accurate application, shall include a thorough review of the applicant’s records - including the results of any new evaluations obtained by School professionals - and shall conclude with the determination of the applicant’s eligibility or ineligibility for admission.

(e) Assignment. The determination by the staffing committee of the educational program(s) in the School to which the student is assigned.

(f) Boarding Program determination. The boarding program provides lodging, meals, and the requisite hygiene-, social-, and health-related components necessary to provide for the students’ general wellness as part of appropriate after-school care. All applicants/students who meet eligibility criteria for the School can be considered for the Boarding Program. The boarding program is not a component in the School’s obligation to provide its students with a free appropriate public education; therefore, the educational program and related services provided to a student in an IEP are not similarly provided in the boarding program.  The boarding staff shall apply boarding program criteria and shall make the final determination of whether the applicant/student would be successful in the boarding program.  A determination by the boarding staff that the child would not be successful in the dormitory does not necessarily impact FSDB’s determination of a child’s eligibility for enrollment in the educational program.  If admitted to the educational program, but not admitted to the boarding program, the applicant/student shall be responsible for transportation either to the School or to one of the School’s designated bus stops.  Boarding service shall be at no cost to the student who establishes Florida residency, but tuition may be charged to out-of-state students at a cost established by the FSDB Board of Trustees. 

(g) Deaf or Hard-of-Hearing.  Applicants/students who meet the criteria for deaf or hard-of-hearing established by Florida Administrative Code Rule 6A-6.03013 shall satisfy the hearing loss requirement for eligibity to attend the Florida School for the Deaf and Blind, but must still satisfy all other requisite eligibility criteria prior to being determined eligible for full-time admission to the School.  

(h) Dual-sensory impaired.  Applicants/students who meet the criteria for dual-sensory impaired established by Florida Administrative Code rule 6A-6.03022 shall satisfy the dual-sensory impairment requirement for eligibity to attend at the Florida School for the Deaf and Blind, but must still satisfy all other requisite eligibility criteria prior to being determined eligible for full-time admission to the School. 

(i)  Educational program.  The placement, services, and individualized instruction provided to a student specifically tailored to address the student’s educational strengths, weaknesses, and objectives.  All references to the term “educational program” in the 6D rules of the Florida Administrative Code shall not include the boarding program, but shall comprise the day program only.

(j) Enrollment. The registration by the School of the applicant’s name on the School’s student roster for purposes of recording with the State the student’s attendance at the School.  The student may be enrolled as either a fully admitted student who meets the School’s eligibility criteria, or as a student on Temporary Assignment pending an eligibility determination. 

(k)  File Review process.  The process of conducting a comprehensive review of an application for admission to the School’s educational program, as well as all accompanying records to determine whether additional records/information is necessary before the applicant can be scheduled for Intake evaluations.

(l)  “Florida applicant” means an applicant whose residence is within the state of Florida.

(m) “Residence” means actual physical presence in a place as the parent or adult applicant’s place of abode, with the intention to remain there permanently or for an indefinite period of time. Actual presence of the parent or adult applicant for the sole purpose of receiving free education shall not be considered residence.

(n)  School.  The Florida School for the Deaf and Blind.

(o)  Staffing Committee.  Committee of School professionals, including the Staffing Specialist, evaluators, assistant principals, and IEP Coordinators who participate in making a determination as to whether an individual meets the School’s eligibility criteria for admission to the educational program.  An Eligibility Staffing Committee makes the recommendation as to whether an applicant meets the School’s eligibility criteria; a Continuation Staffing Committee makes the recommendation as to whether an enrolled student continues to meet the School’s admissions criteria.

(p)  Staffing Specialist.  School professional who facilitates an applicant’s file review process, is knowledgeable about the School’s enrollment criteria, and serves as the Chairperson of Eligibility and Continuation Staffing Committee meetings. The Staffing Specialist is the President’s Designee and makes the final decision on the applicant’s eligiblity for the School.

(q) Temporary assignment. An applicant’s attendance in the School for no more than 90 school days for the School staff to complete evaluations and gather additional information to make an eligibility determination. Temporary Assignment status does not guarantee admission to the educational program as a student who meets the School’s eligibility criteria.  If the School staff determines that a student on Temporary Assignment status is not eligible for admission to the educational program, the student shall return to the student’s local educational agency.  If the student pursues a due process hearing to challenge the School’s ineligibility determination, the student’s “stay put” placement shall not be the School, but shall be the student’s local educational agency.   

(r) Visually Impaired.  Applicants/students who meet the criteria for visually impaired established by Florida Administrative Code Rule 6A-6.03014 shall satisfy the vision loss requirement for eligibity to attend at the Florida School for the Deaf and Blind, but must still satisfy all other requisite eligibility criteria prior to being determined eligible for full-time admission to the School.   

(2) Criteria for Admission and Continued Enrollment.

(a) Florida applicants who meet the School’s admission criteria are qualified for enrollment or continued enrollment without the payment of tuition. Non-Florida applicants who meet admission criteria other than residency may be enrolled on a tuition basis provided that such enrollment does not deny admission to any qualified applicant who is a resident of Florida.

(b) In addition to meeting the criteria for admission, an applicant will be classified as a “Florida student” or a “non-Florida student”. A non-Florida student will be required to pay the tuition charges annually established by the Board of Trustees.    

1. In determining residence, the School may consider such matters as voter registration, driver’s license, automobile registration, location of bank accounts, rent receipts or any other relevant evidence that tends to show the intent to abide in a jurisdiction permanently or for an indefinite period of time as provided by the laws of the State of Florida.

2. If the applicant is a minor:

a. The applicant shall be presumed to have the same residence as the applicant’s parents or as the parent who has legal custody of the applicant, in the absence of contrary evidence.

b. If the applicant’s parents reside outside Florida or if the parent who has legal custody of the applicant resides outside Florida, the applicant will be presumed to be a “non-Florida student” in the absence of contrary evidence.

c. If the applicant claims entitlement to be classified as a “Florida student” due to the appointment by a court of competent jurisdiction of a guardian, or if the applicant has a legal custodian other than the applicant’s parents, the burden of establishing a Florida residence is on the applicant.

3. Application for admission as a “Florida student” shall include a written statement made under oath by the applicant if 18 years of age or older, or made by the applicant’s parents, guardian or legal custodian if a minor, that the applicant is entitled to classification as a Florida student under this rule.

(c) Eligible applicants may be enrolled in the School’s day program upon attaining three years of age.

(d) Applicants eighteen years or older may be considered for admission through the age of twenty-one.

(e) An applicant is qualified for admission to the School’s program for the deaf and hard-of-hearing if the applicant meets all of the following admissions criteria:

1. Evidence of a hearing loss as established by Florida Administrative Code Rule 6A-6.03013.  

2. The applicant must possess evidence of the following minimum daily living skills:

a. Finger feeds self, chews, and swallows most foods,

b. Indicates awareness of being soiled or wet,

c. Assists in dressing self, and

d. Cooperates in bathing.

3. Evidence that the deaf or hard-of-hearing applicant does not meet the criteria for eligibility for one or more of the following programs:

a. Autism Spectrum Disorder, Rule 6A-6.03023, F.A.C.,

b. Homebound-hospitalized, Rule 6A-6.03020, F.A.C., 

c. Intellectual Disabilities, as defined in Rule 6A-6.03011, F.A.C., with the following additional requisite criteria replacing that in paragraphs 6A-6.03011(4)(a), (b):  (i) that the student’s measured level of intellectual functioning is more than three (3) standard deviations below the mean on an individually measured, standardized test of intellectual functioning; and (ii) that the student’s level of adaptive functioning is more than three (3) standard deviations below the mean on the adaptive behavior composite or on two (2) out of three(3) domains on a standardized test of adaptive behavior,   

(f) An applicant is qualified for admission to the School’s program for the visually impaired if the applicant meets all of the following admissions criteria:

1. Evidence of a vision loss as established by Florida Administrative Code Rule 6A-6.03014,

2. The applicant must possess evidence of the following minimum daily living skills,

a. Finger feeds self, chews, and swallows most foods,

b. Indicates awareness of being soiled or wet,

c. Assists in dressing self, and

d. Cooperates in bathing.

3. Evidence that the visually impaired applicant does not meet the criteria for eligibility for one or more of the following programs as defined by State Board of Education rules:

a. Autism Spectrum Disorder, Rule 6A-6.03023, F.A.C.,

b. Homebound-hospitalized, Rule 6A-6.03020, F.A.C., 

c. Intellectual Disabilities, as defined in Rule 6A-6.03011, F.A.C., with the following additional requisite criteria replacing that in paragraphs 6A-6.03011(4)(a), (b):  (i) that the student’s measured level of intellectual functioning is more than three (3) standard deviations below the mean on an individually measured, standardized test of intellectual functioning; and (ii) that the student’s level of adaptive functioning is more than three (3) standard deviations below the mean on the adaptive behavior composite or on two (2) out of three (3) domains on a standardized test of adaptive behavior,  

(g) An applicant is qualified for admission into the School’s program for the dual-sensory impaired if the applicant meets the following admissions criteria:

1. Meets the definition of dual-sensory impaired as established by Florida Administrative Code rule 6A-6.03022..

2. The applicant must possess evidence of the following minimum daily living skills:

a. Finger feeds self, chews, and swallows most foods,

b. Indicates awareness of being soiled or wet,

c. Assists in dressing self.

3. Evidence that the dual sensory impaired applicant does not meet the criteria for eligibility for one or more of the following programs as defined by State Board of Education rules:

a. Autism Spectrum Disorder, Rule 6A-6.03023, F.A.C.,

b. Homebound-hospitalized, Rule 6A-6.03020, F.A.C., 

c. Intellectual Disabilities, as defined in Rule 6A-6.03011, F.A.C., with the following additional requisite criteria replacing that in paragraphs 6A-6.03011(4)(a), (b):  (i) that the student’s measured level of intellectual functioning is more than five (5) standard deviations below the mean on an individually measured, standardized test of intellectual functioning; and (ii) that the student’s level of adaptive functioning is more than five (5) standard deviations below the mean on the adaptive behavior composite or on two (2) out of three(3) domains on a standardized test of adaptive behavior,  

(h) An applicant may not be qualified for admission or continued enrollment:

1. If the applicant or student is determined to be a danger to self or others.  Such determination may be based on various factors, including evidence of the student’s severe injurious, or potentially injurious, behaviors to self or others; lack of awareness or understanding of the surrounding environment; suicidal/homocidal statements, gestures, ideations; non-compliance with medical management; need for a highly structured program specifically designed for students with mental illnesses/disorders, providing necessary services including extensive counseling, as well as consultation from mental health, medical, or other healthcare professionals.

2. If the applicant or student is determined to be disruptive to other students or to the educational process of that applicant/student or of other students.  Such determination may be based on various factors, including evidence of the student’s threatening, aggressive, harassing behaviors towards others; level of functioning that requires continuous and excessive supervision by staff, which interferes with the ability of staff to tend to the educational/functional needs of other students; frequent, recurrent pattern of negative, defiant, disobedient, or hostile behavior toward others, including refusing to comply with rules/directives, deliberately annoying others, and blaming others for the student’s own misconduct.

3. If the applicant or student is determined to have medically related health and/or safety issues that are beyond the scope of the Health Care Center, and/or the educational  programs, and their resources to appropriately manage.

4. If the parent or adult student refuses to give consent for emergency medical treatment or for the development of a health care plan for students with involved medical problems.

(i) A determination that a student or applicant does not meet eligibility criteria for admission to the School’s educational program shall be based upon a recommendation by the staffing committee, in consultation with professionals; the staffing committee’s recommendation shall be based upon past evidence of behavior, criminal activity or the commission of a Class A violation as defined by the Code of Student Conduct, and health and safety. A final determination of admission or continued enrollment will be made by the President or designee.  Impartial due process hearings may be initiated as provided by IDEA, and Rule 6A-6.03311, F.A.C., as a result of such determinations.

(j) There must be an individualized evaluation(s) by a qualified individual(s), a determination that the child is eligible to receive specially designed instruction and related services, and a proposed or current Individual Educational Plan by a school district.

(3) Procedures for Application.

(a)  The School shall maintain an initial application form, the completion of which commences the   application process.

(b) Applications for the admission of a student may be submitted by school personnel from the school district in which the applicant, applicant’s parents, legal guardian, or other person with legal custody resides.

(c) Application for admission may be submitted directly to the School by parents, legal guardian, or the adult applicant.

(d) If the applicant has already been evaluated by the school district, pursuant to Florida Statute Section 1003.57, and Rule 6A-6.0331, F.A.C., and determined eligible for a special program for exceptional students, the applicant will be considered for admission.    

(e) If the applicant has not been evaluated by the school district pursuant to Florida Statute Section 1003.57 and Rule 6A-6.0331, F.A.C., and determined eligible for a special program for exceptional students, a school district and the School may enter into an agreement for the School to evaluate the individual to determine eligibility for exceptional student education (ESE).

(f) The School shall immediately send a copy of a completed application form to the school district in which the applicant or his or her parents, guardian or person having legal custody resides and request from the school district all current evaluation data and a copy of the current or proposed Individual Educational Plan.   

(4) Procedures for Determining Admissions and Assignment.

(a) Upon receipt of a completed application form from a school district, parent/legal guradian, or adult student, the School shall obtain educational, medical, and other records relating to the applicant to assist the School staffing committee in its determination of the applicant’s eligibility for admission to the School.

(b) The Staffing committee’s determination of an applicant’s eligibility for admission shall be made after all records have been obtained and reviewed, any additional requisite evaluations have been conducted, and no additional information is deemed appropriate by the Staffing committee.

(c) An applicant may be considered for a temporary assignment for extended evaluation when a determination of the applicant’s eligibility for admission cannot be established through the initial staffing process.  A staffing committee may recommend that an applicant attend FSDB on a temporary assignment basis for not more than ninety school days.  An Individual Educational Plan for the applicant shall be developed and implemented by the School; every applicant attending the School on a temporary assignment basis shall have an IEP for the duration of the temporary assignment.

(d) The eligibility staffing committee shall include the Staffing Specialist as the Chair of the Committee and the President’s Designee, the parents/legal guardians, the applicant, professionals qualified to interpret the evaluation results, and other professionals as necessary (for example, audiologist, assistant principal, educational diagnostician, psychologist, health care representative).  In addition, a written invitation shall be extended to a representative of the applicant’s local educational agency to attend and participate in the Intake.  Additional personnel may be involved in the staffing meetings as requested by the parent, School, or the school district. 

(e) The location of the staffing committee meeting shall be at the Florida School for the Deaf and the Blind unless another location is mutually agreed upon by the School, the school district, and the parent.

(f) In making admission and assignment decisions, the staffing committee shall:

1. Draw upon information from a variety of sources, including assessments, teacher recommendations, evidence of the applicant’s physical and emotional health, factors relating to the applicant’s social or cultural background, and indicators of the applicant’s level of functioning, including adaptive behavior skills;

2. Ensure that information obtained from all of these sources is carefully considered by the staffing committee;

(g) If a determination is made that an applicant meets the School’s eligibility criteria and is qualified for admission, the IEP Team shall convene in accordance with Florida Administrative Code Rule 6D-3.0021 and develop an IEP for the newly admitted student in accordance with Rules 6A-6.03028 and 6D-3.0021, F.A.C.

(h)  The student’s local educational agency has the initial responsibility of identifying and evaluating the special education needs of the student.  If the student then submits application to the School for enrollment in the School’s educational program, and if the student is determined to meet eligibility criteria for admission to the School’s educational program, the School is responsible for the provision of a free appropriate public education.  However, a subsequent determination by the School that the student no longer meets eligibility criteria immediately transfers the responsibility for the provision of a special educational program and related services back to the student’s local educational agency.

(i) The President of the School or designee shall be responsible for the following:

1. Reviewing the recommendations for eligibility made by the staffing committee, and, if necessary, reviewing the data relied upon by the committee.

2. Making final decisions on eligibility.

3. Ensuring that parents have been appropriately informed of the staffing committee’s recommendation and the data upon which the recommendation relies, and ensuring that parental/legal guardian consent has been obtained for the applicant to attend the School. 

4. Informing the appropriate school district of the School’s determination of eligibility and enrollment of each applicant.

5. Ensuring that appropriate procedures and parent notices are completed when a student is deemed no longer eligible for continued enrollment from the School.

(j) The Florida School for the Deaf and the Blind, or the parent/legal guardian/eligible student, who disagrees with the Individual Educational Plan prepared by the School, or the assignment of the applicant under the Individual Educational Plan has a right to a due process hearing as provided by Rule 6A-6.03311, F.A.C.

(5) Disenrollment/Continued Enrollment.

(a) Students who no longer meet the eligibility criteria of the School described in subsection 6D-3.002(2), F.A.C., or whose re-evaluation(s) as described in Rules 6A-6.03311 and 6D-3.0021, F.A.C., indicates that the student may no longer meet the School’s eligibility criteria may be disenrolled from the School following a continuation staffing.

(b) A student shall not be allowed to remain on campus , if the student is considered to be a danger to self or others.

(c) Upon review of the continuation staffing committee’s recommendations, which shall be based on current evaluative data, the President or designee shall render the final decision regarding eligibility for the School.

(d) The continuation staffing committee, which shall include parents/legal guardians/adult students as participants, shall follow the staffing procedures pursuant to FSDB Rules 6D-3.002, F.A.C. The President or designee may order an additional staffing committee meeting if it is determined proper procedures were not followed. 

(e) Disenrollment of a student shall not take effect until 14 calendar days after the President’s, or designee’s, written notification of the disenrollment to the school district and to the student’s parents. The written notification of the disenrollment will be sent by registered mail, return receipt requested. The School’s normal disciplinary procedures may be followed during these proceedings.

(f) If the Medical Director suspects that a student may have medically related health and/or safety issues that are byond the socpe of care of the Healh Care Center, the student shall immediately be sent home, and the student’s ensuing absences shall be registered as excused.

(g) A continuation staffing committee, which shall include the parents/legal guardians/adult student as participants, following the procedures pursuant to Rule 6D-3.002, F.A.C., shall meet to make a recommendation as to whether a student continues to meet FSDB’s admission criteria.

(h) When a student is withdrawn by a parent, the School shall notify by mail, as soon as possible, the student’s school district.

(i) The student or his or her parents or legal guardian may request a due process hearing in accordance with Rule 6A-6.03311 F.A.C., to challenge the student’s disenrollment from the School under these provisions.

(6)  Citations to other authority.  All citations contained herein to Florida and federal authority shall incorporate subsequent amendments to the provision being cited, unless otherwise specified.

Rulemaking Specific Authority 1002.36, 1003.57. 242.331(3) FS. Law Implemented 120.53(1)(b), 229.053(2)(i), (j), 230.23(4)(m), 242.331(4) FS. History–New 12-19-74, Revised 1-29-76, Amended 1-29-80, 5-2-86, Formerly 6D-3.02, Amended 5-5-87, 4-12-90, 12-20-92, 3-29-95, 3-25-96,________.

Cf. P. L. 94-142, 20 USC 1401(18), (19), 1412(2), (5), (6), 1413(a)(2), Federal Register, Volume 42, Number 163, Regulations 121a.2, 121a.4, 121a.503.

NAME OF PERSON ORIGINATING PROPOSED RULE: Cindy Day
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida School for the Deaf and Blind Board of Trustees
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 1, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 4, 2012