Proposed revisions update the language to reflect current knowledge in the field. The effect of these revisions will be consistency with the federal requirements and related State Board of Education rules.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: Proposed revisions update the language to reflect current knowledge in the field. The effect of these revisions will be consistency with the federal requirements and related State Board of Education rules.

SUMMARY: The proposed amendment addresses state requirements for programs for students with disabilities who are identified as deaf and hard of hearing. This amendment more closely aligns the definition statement with that of the federal definition for deaf and hard of hearing and further specifies appropriate procedures for referral, evaluation, criteria for eligibility, reevaluation, and appropriate screenings.

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 s. 120.541(1), F.S., and 2) based on past experiences with rules that affect individual students and their families in an educational setting and have no impact on small businesses, 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 s. 120.541(2)(a), F.S.

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 FS.

LAW IMPLEMENTED: 1003.57, 1003.571 FS.

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

DATE AND TIME: May 20, 2016, 9:00 a.m.

PLACE: DoubleTree by Hilton, 5780 Major Blvd., Orlando, Florida 32819

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.03013 Exceptional Student Educational Eligibility for Students wWho aAre Deaf or Hard of Hearing Hard-of-Hearing.

(1) Definition. Students who are deaf or hard of hearing include the following: hard-of-hearing. A student who is deaf or hard-of-hearing has a hearing loss aided or unaided, that impacts the processing of linguistic information and which adversely affects performance in the educational environment. The degree of loss may range from mild to profound.

(a) A student who is deaf has a hearing loss that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification.

(b) A student who is hard of hearing has a hearing loss that is conductive, sensorineural, mixed or auditory dyssynchrony (auditory neuropathy) and may be unilateral, bilateral, fluctuating or permanent.

(2) General education interventions and activities. Prior to referral for evaluation, the requirements in Rule subsection 6A-6.0331(1), F.A.C., must be met.

(3) Procedures for student eEvaluation. In addition to the provisions of subsection 6A-6.0331(5), F.A.C., the evaluation for determining eligibility shall include the following:

(a) The minimum procedures necessary for determining eligibility shall include:

1. An audiological evaluation by an audiologist licensed in Florida in accordance with Chapter 458 or an otological evaluation by an otolaryngologist licensed in Florida in accordance with 468 confirming a hearing loss. The evaluation should include a description of etiology and prognosis of condition, aided pure tone air and bone conduction testing or electrophysiological assessment results, and speech perception testing when developmentally appropriate;

2. If medical criterion listed in paragraph (4)(a) of this rule is met, then in addition to the provisions of Rule 6A-6.0331, F.A.C., a comprehensive assessment of skills known to be impacted by hearing loss, shall include at a minimum: an assessment of functional listening; an assessment of social skills; and an evaluation of receptive and expressive communication and language in English, and, when appropriate, in American Sign Language.

(b) Reevaluation shall occur at least every three (3) years and shall include a minimum of an audiological or otological evaluation or report within the last calendar year; an assessment of functional listening; an evaluation of receptive and expressive communication by a licensed speech and language pathologist; and, if appropriate, any other formal evaluations addressed in the initial evaluation in accordance with Rule 6A-6.0331, F.A.C.

(a) Audiological evaluation;

(b) Evaluation of developmental skills or academic achievement, including information on the student’s academic strengths and weaknesses;

(c) Evaluation of social development;

(d) Evaluation of receptive and expressive communication; and,

(e) A comprehensive nonverbal assessment of intellectual functioning or developmental scales, if more appropriate, for children under age seven.

(4) Criteria for eligibility. A student who is deaf or hard of hearing hard-of-hearing is eligible for exceptional student education if the following criteria are met:

(a) An audiological or otological evaluation that states a student has one of the following:

1. A sensorineural hearing loss with an unaided pure tone average, speech threshold, or auditory brain stem response threshold of 20 decibels hearing level (HL) or greater in the better ear;

2. A conductive hearing loss with an unaided pure tone average or speech threshold of 20 decibels HL or greater in the better ear persisting over three months or occurring at least three times during the previous twelve (12) months as verified by audiograms with at least one measure provided by a certified audiologist;

3. A unilateral sensorineural or persistent conductive loss with an unaided pure tone average or speech threshold of 45 decibels HL or greater in the affected ear; or

4. A sensorineural hearing loss with unaided pure tone thresholds at 35 decibels HL or greater at two (2) or more adjacent frequencies (500 hertz, 1,000 hertz, 2,000 hertz. 4,000 hertz, 6,000 hertz and 8,000 hertz) in the better ear; and,

(a) An audiological evaluation documents a permanent or fluctuating hearing threshold level that interferes with progress in any one (1) of the following areas: developmental skills or academic performance, social-emotional development, or linguistic and communicative skills as evidenced by:

1. 25 decibel (db) + ± 5 dB or greater based on pure tone average or average of 500, 1000, and 2000 Hz unaided in the better ear; or

2. A high frequency hearing threshold level of 25 dB ± 5 dB or greater based on pure tone average of 1000, 2000, and 3000 Hz unaided in the better ear; or

3. A unilateral hearing threshold level of 50 dB ± 5 dB or greater based on pure tone average of 500, 1000, and 2000 Hz unaided; or

4. Auditory Evoked Potential responses evidencing permanent hearing loss at multiple frequencies equivalent to or in excess of the decibel hearing loss threshold criteria for pure tone audiometric testing specified in subparagraphs (4)(a)1., 2. and 3. above; and,

(b) The student needs special education as defined in Rules 6A-6.0331 and paragraph 6A-6.03411(1)(kk), F.A.C.

(5) Reevaluation shall occur at least every three (3) years and shall include at a minimum an audiological evaluation, and, if appropriate, any other formal evaluations addressed in the initial evaluation in accordance with subsection (3) of this rule.

(5)(6) A screening for Usher’s sSyndrome shall be administered to each student who is deaf or hard of hearing hard-of-hearing at least once during grades 6-12.

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: Hershel Lyons, Chancellor, 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: March 22, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 18, 2015