Establish convening requirements for an IEP team meeting when a full-time virtual program is not considered appropriate for a student. The proposed rule also makes provision for use of a gifted plan or corresponding documentation from an out-of-...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0334Individual Educational Plans (IEPs) and Educational Plans (EPs) for Transferring Exceptional Students

PURPOSE AND EFFECT: Establish convening requirements for an IEP team meeting when a full-time virtual program is not considered appropriate for a student. The proposed rule also makes provision for use of a gifted plan or corresponding documentation from an out-of-state district, when a student is deemed be gifted in another state moves to Florida.

SUMMARY: Transferring exceptional students.

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 is not expected to require legislative ratification 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), 1003.01(3), 1003.57, FS.

LAW IMPLEMENTED: 1003.01(3), 1003.57, FS.

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

DATE AND TIME: January 18, 2017, 9:00 a.m.

PLACE: Martin County School Board Office, 500 E. Ocean Blvd. Stuart, FL 34994.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary Jane Tappen, Executive Vice Chancellor, K-12 Public Schools, at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0334 Individual Educational Plans (IEPs) and Educational Plans (EPs) for Transferring Exceptional Students.

(1) Individual eEducational pPlans (IEPs) and eEducational pPlans (EPs) for students who transfer school districts within Florida. If an exceptional education student who had an IEP or EP that was in effect in a previous Florida school district transfers to a new Florida school district and enrolls in a new school, the new Florida school district (in consultation with the parents or legal guardians) must provide free and appropriate public education (FAPE) to the student, which includes services comparable to those described in the student’s child’s IEP or EP from the previous Florida school district, until the new Florida school district either:

(a) Adopts the student’s child’s IEP or EP from the previous school district; or

(b) Develops, adopts, and implements a new IEP or EP that meets the applicable requirements of Rules 6A-6.03011-.0361, F.A.C.

(2) IEPs for students transferring to or from a Florida school district and a full-time virtual program under Section 1002.37 or 1002.45, F.S.

(a) In accordance with subsection (1) of this rule, if an exceptional education student who had an IEP or EP that was in effect in a previous Florida school or school district enrolls in a full-time virtual program under Section 1002.37 or 1002.45, F.S., the virtual program must determine if the student meets the profile for success in this educational delivery context. If the student meets the profile for success in this educational delivery context, the virtual program will provide FAPE to the student, which includes services comparable to those described in the student’s IEP or EP from the previous school or school district, until the IEP team for the virtual program either:

1. Adopts the student’s IEP or EP from the previous school or school district; or

2. Develops, adopts and implements a new IEP or EP that meets the applicable requirements or Rules 6A-3.03011-.0361, F.A.C. A virtual program may not deny or delay enrollment pending review of a student’s IEP or EP.

(b) When an IEP team of a school district determines that the full-time virtual program is appropriate for a student in accordance with Section 1003.57(5), F.S., within fifteen (15) business days prior to the withdrawal from the school district, the school district must convene an IEP team meeting with at least one (1) representative specific to the full-time virtual program to determine appropriate goals, supports and services for the student. The receiving virtual program may adopt and implement the student’s existing IEP from the previous school district or may revise the IEP as needed, to meet the student’s needs in the virtual environment.

(c) When an IEP team for a virtual program determines that the full-time virtual program is not appropriate for a student in accordance with Section 1003.57(5), F.S., the full-time virtual program must, within fifteen (15) business days, convene an IEP team meeting to determine appropriate goals, supports and services for the student. A representative from the school district of residence for the student must participate in this meeting. A student may not be disenrolled from a full-time virtual program until after the IEP team has met and determined appropriate services for the student. 

(3)(2) IEPs or EPs for students who transfer from outside Florida. If an exceptional education student who had an IEP or EP that was in effect in a previous school district in another sState transfers to a Florida school district and enrolls in a new school within the same school year, the new Florida school district (in consultation with the parents or legal guardians) must provide the student child with FAPE (including services comparable to those described in the student’s child’s IEP or EP from the previous school district), until the new Florida school district:

(a) Conducts an initial evaluation pursuant to subsections 6A-6.0331(4) and (5), F.A.C., (if determined to be necessary by the new Florida school district); and,

(b) Develops, adopts, and implements a new IEP or EP, if appropriate, that meets the applicable requirements of Rules 6A-6.03011-.0361, F.A.C.

(c) The new school district is not required to obtain parental consent for the initial provision of services for transferring exceptional students determined eligible for services in Florida under this rule.

(4) Gifted plans for students transferring. If a student who had a gifted plan that was in effect in a previous school district in another state transfers to a Florida school district and enrolls in a new school within the same school year, the new Florida school district (in consultation with the parents or legal guardians) must provide the student with services comparable to those described in the student’s gifted plan from the previous school district, until the new Florida school district develops, adopts and implements a Florida EP that meets the applicable requirements of Rule 6A-6.030191, F.A.C. Students who transfer with gifted eligibility from another state do not need to meet the requirements of Rule 6A-6.03019, F.A.C., for continued services.

(a) The new school district is not required to obtain parental consent for the initial provision of services for transferring gifted students determined eligible for services in Florida under this rule.

(b) For the purposes of this rule, a gifted plan could include documentation from the previous school district in another state that the student was determined eligible for gifted services in accordance with the applicable requirements of that district or state and was receiving gifted services.

(5)(3) Transmittal of records. To facilitate the transition for a student child described in subsections (1)-(4) of this rule and (2) above:

(a) The new school district in which the student enrolls must take reasonable steps to promptly obtain the student’s records, including the IEP or EP and supporting documents and any other records relating to the provision of special education or related services to the student child, from the previous school district in which the student child was enrolled, pursuant to 34 CFR 99.31(a)(2); and,

(b) The previous school district in which the student child was enrolled must take reasonable steps to promptly respond to the request from the new school district.

Rulemaking Authority 1001.02(1), 1003.01(3), 1003.57, 1006.09 FS. Law Implemented 1001.03(8), 1001.42(4)(l), 1003.01(3), 1003.57 FS. History–New 7-13-83, Formerly 6A-6.334, Amended 3-9-92, 12-22-08,

 

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: December 22, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 30, 2016