To ensure IDEA requirements are addressed with respect to matters that can be the subject of a mediation, as defined in 34 C.F.R. § 300.506. Per federal guidance, we are clarifying the wording of this rule that mediation ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.03311Procedural Safeguards and Due Process Procedures for Parents and Students with Disabilities

PURPOSE AND EFFECT: To ensure IDEA requirements are addressed with respect to matters that can be the subject of a mediation, as defined in 34 C.F.R. § 300.506. Per federal guidance, we are clarifying the wording of this rule that mediation is available regardless of whether the parent has filed a request for a due process hearing.

SUMMARY: Mediation process for students with disabilities.

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: 1001.02(1), (2)(n), 1003.01(3), 1003.57, 1003.571, 1003.5715, 1008.212, F.S.

LAW IMPLEMENTED: 1003.01(3), 1003.57, 1003.571, 1003.5715, 1008.212, F.S.

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

DATE AND TIME: May 11, 2022, 9 a.m.

PLACE: Tennessee Williams Theatre, CFK Campus, 5901 College Road, Key West, Florida 33040.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Victoria Gaitanis, Bureau of Exceptional Student Education, 325 West Gaines Street, Tallahassee, FL 32399-0400, 850-245-0475.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.03311 Procedural Safeguards and Due Process Procedures for Parents and Students with Disabilities.

Each public agency, including a school district, must establish, maintain and implement procedural safeguards that meet the requirements of this rule. A public agency means local educational agencies (LEAs), educational services agencies (ESAs), nonprofit public charter schools that are not otherwise included as LEAs or ESAs and are not a school of an LEA or ESA, and any other political subdivisions of the State that are responsible for providing education to children with disabilities.

(1) through (3) No change.

(4) Mediation. The Department of Education shall provide parents of students with disabilities and personnel of public agencies, including school districts, the opportunity to resolve disputes involving any matters arising under Part B of the Individuals with Disabilities Education Act (IDEA), including matters arising prior to the filing of a due process complaint, through a mediation process. To promote the resolution of disputes, both parties should consider limiting the number of participants in a mediation session.

(a) through (h) No change.

(5) through (9) No change.

Rulemaking Authority 1001.02(1), (2)(n), 1003.01(3), 1003.57, 1003.571, 1003.5715, 1008.212 FS. Law Implemented 1003.01(3), 1003.57, 1003.571, 1003.5715, 1008.212 FS. History–New 7-13-83, Amended 12-20-83, 4-26-84, Formerly 6A-6.3311, Amended 7-17-90, 9-20-04, 12-22-08, 3-25-14, 7-14-21,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Victoria Gaitanis, Bureau of Exceptional Student Education.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Richard Corcoran, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 08, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 7, 2022