The purpose of this amendment is to amend the rule that addresses special diploma requirements for certain students with disabilities to include minimum course credit requirements for both special diploma options one and two. Districts will be ...

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.: RULE TITLE:
6A-1.09961: Graduation Requirements for Certain Students with Disabilities
PURPOSE AND EFFECT: The purpose of this amendment is to amend the rule that addresses special diploma requirements for certain students with disabilities to include minimum course credit requirements for both special diploma options one and two. Districts will be required to offer both diploma options. The effect will be a rule that establishes minimum state requirements thereby ensuring greater consistency across the state. Additionally, the proposed rule language revises terminology related to specific disabilities in accordance with amendments made to Section 1003.01, Florida Statutes, Definitions. Lastly, obsolete language with regard to minimum student performance standards has been removed from the rule.
SUMMARY: The requirements for graduation with a special diploma are proposed for revision beginning with the 2012-2013 school year. Language within the rule has been updated to correspond to the names of current disability categories. The proposed rule removes obsolete language regarding student performance standards that were based on specific disability categories. The proposed rule identifies specific course and credit requirements for any student with a disability who is eligible for a special diploma based on the statutory and rule requirements. The rule retains two pathways for graduation with a special diploma referenced as “option one” and “option two.” Option one mirrors the course credit requirements for a standard diploma, with specific required courses and a minimum grade point average (GPA) requirement of 2.0. The second diploma option also includes course requirements and a minimum GPA of 2.0, but primarily focuses on preparation for employment and outlines a training plan in which the student will participate in on-the-job training and earn at or above minimum wage. Districts are required to offer both options. The decision for a student to work toward a special diploma is made by the student’s individual educational plan (IEP) team, and must be documented in the IEP. General education, career and technical, and exceptional student education courses may be used to meet the course requirements for options one and two.
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 Section 120.541(1), Florida Statutes, and; 2) based on past experiences with graduation requirements and rules of this nature, 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 Section 120.541(2)(a), Florida Statutes.
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), 1003.438 FS.
LAW IMPLEMENTED: 1001.02(1), 1003.438 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 27, 2012, 9:00 a.m.
PLACE: TERRA Environmental Research Institute, 11005 S.W. 84 Street, Miami, FL 33173
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Pam Stewart, Chancellor, Division of Public Schools, 325 W. Gaines Street, Tallahassee, FL 32399

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewording of Rule 6A-1.09961 follows. See Florida Administrative Code for present text.)

6A-1.09961 Graduation Requirements for Certain Students with Disabilities.

(1) General requirements. Pursuant to Section 1003.438, Florida Statutes, each district school board shall prescribe special graduation requirements for certain students with disabilities. As defined in Section 1003.428, Florida Statutes, these students include a student who has been identified as a student with an intellectual disability; an autism spectrum disorder; a language impairment; an orthopedic impairment; an other health impairment; a traumatic brain injury; an emotional or behavioral disability; a specific learning disability, including, but not limited to dyslexia, dyscalculia, or developmental aphasia; or a student who is deaf or hard-of-hearing, or dual sensory impaired. Such special graduation requirements shall include the minimum graduation requirements prescribed by the Commissioner. Any such student completing the special graduation requirements shall be awarded a special diploma in the form prescribed by Rule 6A-1.0995, F.A.C. The district school board shall make provisions for each student to access general, career and technical, and exceptional student education (ESE) courses as appropriate for meeting the graduation requirements of this rule. Students pursuing a special diploma who were enrolled in ninth grade prior to the 2012-2013 school year must meet the requirements identified in subsection (4) of this rule. The special diploma requirements identified in subsections (5) and (6) of this rule will apply to students entering the ninth grade beginning in the 2012-2013 school year.

(2) Special diploma options. District school boards shall award special diplomas to certain students with disabilities as defined in subsection (1) of this rule based on the following two options:

(a) Option one shall include course requirements related to academic and career and technical education in accordance with subsection (5) of this rule;

(b) Option two shall include procedures for determining mastery of employment and community competencies in accordance with subsection (6) of this rule.

(3) Diploma procedures. Each district school board shall offer both options prescribed in subsection (2) of this rule and develop procedures for ensuring that certain students with disabilities as defined in subsection (1) of this rule may select and move between the special diploma options and between courses of study leading to a standard diploma or special diploma, as appropriate.

(a) The individual educational plan (IEP) team shall document whether the student is pursuing a course of study leading toward a standard diploma or a special diploma in the IEP developed during the student’s eighth grade year, or an IEP developed during the school year of the student’s fourteenth birthday, whichever comes first, in accordance with subparagraph 6A-6.03028(3)(h)8., F.A.C. This decision shall be reviewed annually.

(b) Nothing contained in this rule shall be construed to limit or restrict a student with a disability solely to a special diploma. Parent(s) or guardian(s) shall be notified through the IEP process of the diploma options available.

(c) Special diploma requirements for options one and two shall be included in the district student progression plan adopted pursuant to Section 1008.25, Florida Statutes.

(4) Special diploma requirements for students entering ninth grade prior to the 2012-2013 school year.

(a) For students entering ninth grade prior to the 2012-2013 school year, a special diploma, option one may be awarded to a student who has met the following minimum requirements:

1. Demonstration of proficiency of the applicable student performance standards prescribed in Rule 6A-1.09401(1), F.A.C., as determined through the IEP process; and

2. Completion of the minimum number of course credits for a special diploma, option one as prescribed by the district school board.

(b) For students entering ninth grade prior to the 2012-2013 school year, a special diploma, option two may be awarded to a student who has met the following minimum requirements:

1. Demonstration of mastery of specific employment and community competencies as prescribed by the district school board; and

2. Completion of the minimum number of course credits for a special diploma, option two as prescribed by the district school board.

(5) Minimum graduation requirements for special diploma, option one. For certain students with disabilities as defined in subsection (1) of this rule, a special diploma, option one may be awarded to a student who has met the following minimum requirements:

(a) The student has earned a cumulative 2.0 grade point average (GPA);

(b) The student has earned a minimum of 24 credits in the following courses:

1. Thirteen (13) credits in core academic areas to include:

a. Four (4) credits in language arts;

b. Four (4) credits in mathematics;

c. Three (3) credits in science; and

d. Two (2) credits in social studies.

2. One-half (.5) credit in health; and one-half (.5) credit in physical education, or one (1) credit in physical education to include the integration of health;

3. Four (4) credits in career and technical education for students with disabilities or general career and technical education; and

4. Six (6) credits in electives.

(6) Minimum graduation requirements for special diploma, option two. For certain students with disabilities as defined in subsection (1) of this rule, a special diploma, option two may be awarded to a student who demonstrates mastery of specified employment and community competencies and is at least sixteen (16) years of age. Each district school board’s requirements for demonstration of mastery of specified employment and community competencies shall ensure all of the following:

(a) The student has earned a 2.0 cumulative GPA;

(b) The student has earned a minimum of eight (8) credits in the following courses:

1. Four (4) credits in core academic areas, to include:

a. Two (2) credits in language arts; and

b. Two (2) credits in mathematics.

2. Four (4) credits in career and technical education for students with disabilities, general career and technical education, or ESE special skills courses that include an emphasis on community competencies.

(c) The student has mastered all the annual goals, and short-term objectives or benchmarks, if applicable, that were specified on the IEP related to employment and community competencies;

(d) The student has mastered the academic, employment, community, and technology competencies specified in the student’s training plan. The training plan shall be developed and signed by the student, parent(s) or guardian(s), teacher, and employer prior to placement in employment and shall identify the following:

1. The expected employment and community competencies;

2. The criteria for determining and certifying mastery of the competencies;

3. The work schedule and the minimum number of hours to be worked per week; and

4. A description of the supervision to be provided by school district staff.

(e) The student is employed in a community-based job for the number of hours a week specified in the student’s training plan, for the equivalent of one (1) semester or eighteen (18) weeks of successful employment and is earning at or above minimum wage in compliance with the requirements of the Fair Labor Standards Act.

Rulemaking Specific Authority 1001.02(1) 1001.03(1), 1003.438 FS. Law Implemented 1003.02(1)(a), 1003.438 FS. History–New 10-31-88, Amended 6-14-94, Formerly 6A-1.0996, Amended 10-11-99, Repromulgated 1-25-00, Formerly 6-1.0996, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Pam Stewart, Chancellor, Division of Public Schools
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerard Robinson, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 14, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 12, 2011