To address excused absences for the treatment of autism spectrum disorder.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.09515Excused Absences for Students with Autism Spectrum Disorder

PURPOSE AND EFFECT: To address excused absences for the treatment of autism spectrum disorder.

SUMMARY: During the 2017 Legislative Session, sections 1002.20, 1003.21, 1003.24, F.S., were amended to require each school district, in accordance with the State Board of Education rule, to amend policies authorizing a parent to request and be granted permission for absence of a student from school for an appointment scheduled to receive a therapy service provided by a licensed health care practitioner or a behavior analyst certified pursuant to s. 393.17, F.S., for the treatment of autism spectrum disorder, including, but not limited to, applied behavioral analysis, speech therapy and occupational therapy.

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: The proposed rule is not expected to have any adverse impact on economic growth, business competitiveness or other factors listed in s. 120.541(2)(a), F.S., and is not expected to require legislative ratification. The proposed amendment does not impose any new costs on any stakeholder.

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), 1003.21, FS.

LAW IMPLEMENTED: 1002.20, 1003.21, 1003.24, FS.

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

DATE AND TIME: March 27, 2018, 9:00 a.m.

PLACE: Hendry County, LaBelle High School, 4050 E. Cowboy Way, LaBelle, FL 33935.

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.09515 Excused Absences for Treatment of Students with Autism Spectrum Disorder

(1) Release time during the school day to participate in therapy services for the treatment of autism spectrum disorder. Each school district shall adopt policies authorizing a parent to request and be granted permission for absence of a student to receive therapy services for treatment of autism spectrum disorder to implement Section 1003.21(2)(b)2., F.S. The school district’s rules shall include, but are not limited to, the following:

(a) Provisions establishing the procedures and time frames for parents to request excused absences for scheduled appointments for treatment of autism spectrum disorder.

(b) Provisions for establishing the school district’s requirements for verification of therapy provided by licensed health care practitioners or certified behavior analysts pursuant to Section 393.17, F.S., for the treatment of autism spectrum disorder.

(2) For purposes of this rule, a school district may accept documentation of excused absences from certified behavior analysts pursuant to Section 393.17, F.S.; speech-language pathologists licensed under Section 468.1185, F.S.; occupational therapists licensed under Part III of Chapter 468, F.S.; psychologists licensed under Chapter 490, F.S.; clinical social workers licensed under Chapter 491, F.S.; or other health care practitioners as defined in Section 456.001(4), F.S.

Rulemaking Authority 1001.02(1), 1003.21(2)(b) FS. Law Implemented 1002.20, 1003.21(2)(b), 1003.24 FS. History–New.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Hershel Lyons, Chancellor, Division of 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: February 7, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 21, 2017