This rule specifies the intelligence tests to be used in the determination of Mental Retardation for the purpose of determining program eligibility.

Agency for Persons with Disabilities

RULE NO.: RULE TITLE:

65B-4.033 Intelligence Tests to be Administered

PURPOSE AND EFFECT: This rule specifies the intelligence tests to be used in the determination of Mental Retardation for the purpose of determining program eligibility.

SUMMARY: The rule identifies Intelligence tests to determine mental retardation

STATEMENT OF ESTIMATED REGULATORY COST: No statement of Estimated Regulatory Cost was prepared.

Any person who wishes to provide information regarding the statement of estimated costs, or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this Notice.

SPECIFIC AUTHORITY: 393.063(38) FS., 916.106 FS.,393.501(1) FS.

LAW IMPLEMENTED: 393.063(38) FS.

IF REQUESTED WITHIN 21 DAYS OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THE HEARING WILL NOT BE HELD)

DATE AND TIME: April 25; 2006, 11:00 am – 12:00

PLACE: 4030 Esplanade Way, Room 370 A, Tallahassee, Fl 32399, [phone]

THE PERSON(s) TO BE CONTACTED WITH REGARD TO THE PROPOSED RULE IS: Charles L. Ball, Florida Agency for Persons with Disabilities (APD), 4030 Esplanade Way, Room 370 D, Tallahassee, Fl 32399, [phone]

THE FULL TEXT OF THE OF THE PROPOSED RULE IS:

 

65B-4.033 Determination of Mental Retardation: Intelligence Tests to be Administered.

(1) For the purposes of chapters 393 and 916, FS, the Stanford-Binet Intelligence Scale or the Wechsler Adult & Infant Intelligence Scale, administered by or under the direct supervision of a psychologist or school psychologist licensed under chapter 490, FS, shall be used to determine mental retardation and the level of intellectual functioning. 

(2) Notwithstanding subsection (1), if, given the condition of the individual to be tested, the Stanford-Binet Intelligence Scale or the Wechsler Adult & Infant Intelligence Scale are not valid and reliable as determined by the person authorized to administer such tests as specified in subsection (1), an alternative test or evaluation procedure, administered and interpreted in conformance with instructions provided by the producer of the tests or evaluation materials, may be used. The results of the testing or evaluation must include reference to published validity and reliability data for the specified test or evaluation procedure.

Specific Authority 393.63(38) FS., 916.106 FS., 393.501(1) FS. Law Implemented 393.63(38) FS., 916.106 FS. History–New __________.

 

NAME OF PERSON ORIGINATING THE RULE: Charles L. Ball, Florida Agency for Persons with Disabilities (APD), 4030 Esplanade Way, Room 370 D, Tallahassee, Fl 32399, [phone]

NAME OF THE SUPERVISOR OR PERSON WHO APPROVEDTHE PROPOSED RULE: Kerry Schoolfield, Deputy Director of Operations, Agency for Persons with Disabilities

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 5,2005

DATE THE NOTICE OF RULE DEVELOPMENT PUBLISHED IN FAW: December 30,2005