Provision of Free Appropriate Public Education (FAPE) and Development of Individual Educational Plans for Students with Disabilities, General Education Intervention Procedures, Identification, Evaluation, Reevaluation and the Initial Provision of ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NOS.:RULE TITLES:

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

6A-6.0331General Education Intervention Procedures, Identification, Evaluation, Reevaluation and the Initial Provision of Exceptional Education Services

6A-6.03311Procedural Safeguards and Due Process Procedures for Parents and Students with Disabilities

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 206, October 22, 2013 issue of the Florida Administrative Register.

Rule 6A-6.03028, F.A.C., is amended to read:

(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, Florida Statutes, the Individuals with Disabilities Education Act, 20 USC Section 1400, et. seq (IDEA), its implementing federal regulations at 34 CFR Subtitle B, part 300 et.seq. which is hereby incorporated by reference to become effective with the effective date of this rule, and under 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:

 

Rule 6A-6.0331, F.A.C., is amended to read:

(1)(e) Evidence-based interventions addressing the identified areas of concern must be implemented in the general education environment. The interventions selected for implementation should be developed by a team through a data-based problem solving process that uses student performance data to identify and analyze the area(s) of concern, select and implement interventions, and monitor the effectiveness of the interventions. Interventions shall be implemented as designed for a period of time sufficient to determine effectiveness, period of time and with a level of intensity that matches the student’s needs. Pre-intervention and ongoing progress monitoring measures of academic and/or behavioral areas of concern must be collected and communicated to the parents in an understandable format, which may include, but is not limited to, graphic representation.

 

(3)(a) The school district must promptly seek consent from the parent or guardian to conduct an evaluation whenever the district suspects that a kindergarten through grade 12 student, or a child age three (3) to kindergarten entry age, is a student with a disability and needs special education and related services. Circumstances which would indicate that a student may be a student with a disability who needs special education and related services include, but are not limited to, the following:

(b) Within twenty (20) school days of a school-based team’s determination that a circumstance described in subparagraphs (3)(a)1., or (3)(a) 2., of this rule exists for a student in grades kindergarten through grade 12, the school district must request consent from the parent to conduct an evaluation, unless the parent and the school agree otherwise in writing.

 

(d)(c) Prior to a school district request for initial evaluation of a student in grades K through 12 suspected of having a disability, school personnel must make one (1) of the following determinations and include appropriate documentation in the student’s educational record to the effect that:

1. The general education intervention procedures have been implemented as required under this rule and the data indicate that the student may be a student with a disability who needs special education and related services; or

2. The evaluation was initiated at parent request and the activities described in subsection (1) of this rule will be completed concurrently with the evaluation but prior to the determination of the student’s eligibility for special education and related services; or.

 

(h)(g) The school district shall ensure that students suspected of being gifted are evaluated within a reasonable period of time as specified in the district’s ESE Policies and Procedures Document as defined in subsection 6A-6.03411(2), F.A.C., but no more than ninety (90) school days that the student is in attendance after the school district’s receipt of parental consent for the evaluation.

(4)(e)2. The rights of the parents of the student have been terminated in accordance with Chapter 39, Part XI, F.S.; or

 

(10)(b) The district shall obtain written parental consent for the actions described above on the Parental Consent Form – Instruction in the State Standards Access Points Curriculum and Florida Alternate Assessment Administration, Form 313181, English, Arabic, Chinese, French, Haitian Creole, Portuguese, Russian, Spanish, Tagalog, and Vietnamese, and Parental Consent Form – Student Placement in an Exceptional Education Center, Form 313182, English, Arabic, Chinese, French, Haitian Creole, Portuguese, Russian, Spanish, Tagalog, and Vietnamese, adopted by the Department of Education and incorporated by reference to become effective March 2014 December 2013 and available at http://www.fldoe.org/ese/ 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. Both forms were translated into Arabic, Chinese, French, Haitian Creole, Portuguese, Russian, Spanish, Tagalog, and Vietnamese.

 

Rule 6A-6.03311, FAC., is amended to read:

(2)(b)5. In accordance with the provisions of Section 1008.212, Florida Statutes, upon the school district superintendent’s recommendation to the Ccommissioner of Eeducation that an extraordinary exemption for a given state assessment be granted or denied.

(5) State complaint procedures. The Department of Education shall provide parents and other interested persons, including an organization or individual from another state, the opportunity to resolve any complaint that a school district has violated a requirement of Part B of the Individuals with Disabilities Education Act (IDEA) or its implementing regulations, or a state requirement, regarding the education of students with disabilities through its state complaint procedures. The Department of Education shall disseminate its state complaint procedures, which may be accessed at http://www.fldoe.org/ese/resolution.asp to parents and other interested individuals, including the parent training and information centers, protection and advocacy agencies, independent living centers, and other appropriate entities.

(9)(a) A due process hearing request may be initiated by a parent or a school district as to matters related to the identification, evaluation, eligibility determination, or educational placement of a student or the provision of FAPE to the student. In addition, in accordance with Section 1008.212, F.S., in the event that a district school superintendent requests an extraordinary exemption from participation in a statewide standardized assessment and the Ccommissioner of Eeducation denies such request, the parent may request an expedited due process hearing. In this event, the Department of Education must inform the parent of any free or low-cost legal services and other relevant services available. The Department of Education shall arrange a hearing on this matter with the Division of Administrative Hearings. The hearing must begin within twenty (20) school days following the receipt of the parent’s request by the Department of Education. The administrative law judge (ALJ) must make a determination within ten (10) school days after the expedited hearing is completed.

(9)(d) The due process hearing request. The school district must have procedures that require either party, or the attorney representing a party, to provide to the other party a due process hearing request (which must remain confidential). The party filing a due process hearing request must forward a copy of the request by mail to the Florida Department of Education at 325 West Gaines Street, Room 614, Tallahassee, Florida 32399 or via fax transmission to [phone]. A due process hearing request must contain the following:

Rulemaking Authority 1001.02(1), (2)(n), 1003.01(3), 1003.57, 1003.571, 1003.5715, 1008.212 FS. Law Implemented 1001.03(8), 1001.42(4)(l), 1003.01(3), 1003.57, 1003.571, 1003.5715, 1008.212, 1011.62(1)(c) FS. History–New 7-13-83, 12-20-83, 4-26-84, Formerly 6A-6.3311, Amended 7-17-90, 9-20-04, 12-22-08,_________.

Cf. P.L. 105-17, 20 USC 1414 and 1415

 

Form 313181

The third paragraph is amended to read as follows:

 

My consent is being sought because the IEP team has determined that the proposed actions are necessary in order for my child to receive a free appropriate public education. If I refuse to consent to the proposed actions, my child may not receive all the services and supports that the IEP team has determined are needed, which may impact my child’s educational progress. I understand that, if I give consent, my child will not be eligible for a standard high school diploma but may receive instruction within the general education setting based on his or her IEP. I understand that access to future opportunities such as enrollment in college or enlistment in the military may be limited if my child does not have a standard high school diploma. This consent will remain in effect until the next annual review of the IEP, or until the next IEP meeting if instruction in state standards access points curriculum and administration of the FAA is addressed, whichever event occurs first.

 

The following statement is added below the signature section:

 

If you sign “I do not consent for placement,” within ten school days, the school district must develop and implement new instruction and assessment procedures in accordance with a new IEP or must request a due process hearing.

 

Form 313182

 

The following statement is added below the signature section:

 

If you sign “I do not consent for placement,” within ten school days, the school district must develop and implement a new placement in accordance with a new IEP or must request a due process hearing.

Form 313189

 

Section Question 2 is amended to read:

2.The student’s primary method(s) to access and use language is one or more of the following (check all that apply):

 

Section II, question 1 is amended to read:

1.Consider auditory access – what does the student currently use and what supports are required?

No amplification (skip to question 4 6)