Disability Rights Florida; The petition requests answers to two question. In its first question petitioners asks: “How does the Agency operationalize the interplay between [s. 393.063(3), F.S, and Rule 65G-4.014(1), Florida Administrative Code], ...

 

DEPARTMENT OF CHILDREN AND FAMILIES

Agency for Persons with Disabilities

RULE NO.:RULE TITLE:

65G-4.014Eligibility for Services

NOTICE IS HEREBY GIVEN that Agency for Persons with Disabilities has issued an order disposing of the petition for declaratory statement filed by Disability Rights Florida on January 15, 2015. The following is a summary of the agency’s disposition of the petition:

The petition requests answers to two question. In its first question petitioners asks: “How does the Agency operationalize the interplay between [s. 393.063(3), F.S, and Rule 65G-4.014(1), F.A.C.], and does this operationalization render the finding of a severe learning disability in an applicant for services a threshold requirement that must be satisfied before a consideration may be made concerning the presence of a severe behavior disorder and/or a severe communication disorder in an applicant?” A summary of the answer to the first question is that the Agency operationalizes the interplay between the statute and rule by using ordinary rules of statutory construction giving the words of the text their plain and ordinary meaning. While under the current phrasing of the rule “severe learning disorder” may be construed as a threshold consideration or the first among the three disorders which must be present, the particular order in which the Agency determines the presence of the disorders has no practical effect in a final determination of eligibility. Regardless of the order in which the Agency determines the existence of the three disorders, all three must nevertheless be present in order for a person to be found eligible for services. In the second question the petitioner asks: “Does the Agency operationalize the ‘severe learning disorder’ requirement to mean that an applicant is barred from meeting the eligibility criteria if he or she has received a standard high school diploma (as opposed to a special education diploma)?” A summary of the answer to the second question is that the Agency does not believe it is in the public interest to categorically determine that specific issue for all applicants without the benefit of knowing the specific circumstances of each applicant for services. The Agency position with respect to the receipt of a standard high school diploma is that, generally speaking, it is strong evidence that the person does not have a severe learning disorder. However, the Agency will review each application on a case by case basis. In the event an applicant has earned a standard high school diploma, the Agency will consider all the facts and circumstances surrounding the issuance of the diploma, along with all other relevant facts and information submitted with the application, in determining whether the applicant has a severe learning disorder.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: David De La Paz, Agency Clerk, Agency for Persons with Disabilities, 4030 Esplanade Way Suite 380, Tallahassee, FL 32399-0950, [phone] or [e-mail].

Please refer all comments to: David De La Paz, Agency Clerk, Agency for Persons with Disabilities, 4030 Esplanade Way Suite 380, Tallahassee, FL 32399-0950, [phone] or [e-mail].