The purpose and effect of this rule amendment is to modify the methodology for identifying students who are deaf or hard of hearing to more closely align with the Individuals with Disabilities Education Act.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.03013:Exceptional Student Educational Eligibility for Students Who Are Deaf or Hard-of-Hearing

PURPOSE AND EFFECT: The purpose and effect of this rule amendment is to modify the methodology for identifying students who are deaf or hard of hearing to more closely align with the Individuals with Disabilities Education Act.

SUMMARY: The amendment broadens and defines deaf and hard of hearing, describes the audiological report and assessments that must be conducted to identify a student who is deaf or hard of hearing for exceptional student education, and provides resources for students who are deaf or hard of hearing and their parents.

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: Based upon the nature of the changes, this proposed rule is not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and will not require legislative ratification. No increase in regulatory costs are anticipated as a result of the rule changes.

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: 1003.57, 1003.571, F.S.

LAW IMPLEMENTED: 1003.01, 1003.57, 1003.571, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: April 17, 2024, 9:00 a.m.

PLACE: Tallahassee Community College, Student Union Ballroom, 444 Appleyard Dr., Tallahassee, FL 32304

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Alice Schmitges, Bureau of Exceptional Student Education, 325 West Gaines Street, Tallahassee, FL 32399-0400, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 6A-6.03013 follows. See Florida Administrative Code for present text.

 

6A-6.03013 Exceptional Student Education Educational Eligibility and Assessments for Students Who Are Deaf or Hard of Hearing Hard-of-Hearing.

(1) Definitions.

(a) Deaf means a hearing level that is so severe that it impacts the processing of linguistic information through hearing, with or without amplification, that adversely affects the student’s educational performance.

(b) Hard of hearing means a hearing impairment or loss, whether permanent or fluctuating, that interferes with the acquisition or maintenance of auditory skills necessary for the typical development of speech and language that adversely affects a student’s educational performance, but that is not included under the definition of deaf.

(c) Speech Language Pathologist means an individual who is certified or licensed in speech or language pathology in accordance with Rule 6A-4.01761, Florida Administrative Code (F.A.C.).

(d) Teacher of the deaf or hard of hearing: means an individual who is certified in the area of deaf or hard of hearing in accordance with Rule 6A-4.0172, F.A.C.

(2) Eligibility Determination. A full and individual evaluation must be conducted by a school district to identify and consider the individual needs of a student who is deaf or hard of hearing in accordance with Rules 6A-1.09401, 6A-1.09414, 6A-6.03028, 6A-6.0331, and 6A-6.03411, F.A.C. For a student who is, or who is suspected of being deaf or hard of hearing, this evaluation must include an audiological report and two assessments as described in paragraphs (2)(a)-(c).

(a) An audiological report. An audiological report must include a summary of the hearing and medical history, audiological evaluation results, and a diagnosis of any hearing impairment or loss. A licensed audiologist must provide the audiological report.

(b) Functional listening assessment. A functional listening assessment is an assessment of the student’s educational environment to determine how noise, distance, and visual input affect a student’s listening abilities. It must be conducted by a teacher of the deaf or hard of hearing or a licensed speech language pathologist.

(c) Communication and language assessment. A communication and language assessment is an assessment that addresses expressive and receptive language, including pragmatic language. The assessments must consider a student’s preferred mode of communication, such as American Sign Language, spoken language, signed or written language, with or without visual support or hearing assistive technology, augmentative and alternative communication, or a combination thereof. These assessments must be conducted by a teacher of the deaf or hard of hearing, a licensed speech language pathologist, or a combination of both.

(3) Reevaluation. Reevaluation of students who are deaf or hard of hearing must comply with Rule 6A-6.0331(7), F.A.C., and in addition must include a audiological report and an evaluation of skills known to be impacted by the hearing impairment or loss as required for determining initial eligibility. The audiological report may be waived by the individual educational plan team if the team finds that there is no suspected change in hearing.

(4) Usher syndrome screening. A screening for Usher syndrome must be administered to each student who is deaf or hard of hearing at least once during grades K-5 and grades 6-12.

(5) Supportive services. The district must make available referral forms, links, and technical support contacts for services to students and parents. These resources include:

(a) Auditory-Oral Clarke School and Bridge to Speech Clarke School;

(b) Auditory-Oral University of Miami (UM) Debbie and Bridge to Speech UM Debbie;

(c) Educational Interpreter Project;

(d) Florida School for the Deaf and the Blind (FSDB);

(e) Florida Division of Blind Services (DBS);

(f) Florida Division of Vocational Rehabilitation (VR); and

(g) Resource Materials and Technology Center for the Deaf and Hard of Hearing (RMTC-DHH).

Rulemaking Authority 1003.01, 1003.57, 1003.571 FS. Law Implemented 1003.01, 1003.57, 1003.571 FS. History–New 7-1-77, Amended 9-11-84, Formerly 6A-6.3013, Amended 7-1-94, 7-1-07, 12-15-09,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Alice Schmitges, Bureau of Exceptional Student Education

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 20, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 2/29/2024