To require each board of trustees within the Florida College System and each district school board which operates a postsecondary career center to develop and implement policies and procedures for providing reasonable substitution for eligible ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-10.041Substitution for Requirements for Eligible Disabled Students at Florida Colleges and Postsecondary Career Centers

PURPOSE AND EFFECT: To require each board of trustees within the Florida College System and each district school board which operates a postsecondary career center to develop and implement policies and procedures for providing reasonable substitution for eligible students as required by Sections 1007.264 and 1007.265, F.S.

SUMMARY: Inclusion and definition of “intellectual disability” as an eligible disability for consideration of course substitution as required by Sections 1007.264 and 1007.265, F.S.

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 students with disabilities there would be no economic impact from this amendment and the adverse impact or regulatory cost, if any, does 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: 1007.264, 1007.265, FS.

LAW IMPLEMENTED: 1007.264, 1007.265, 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: Alexander Jordan, Director of Student and Administrative Affairs, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-10.041 Substitution for Requirements for Eligible Disabled Students with Disabilities at Florida Colleges and Postsecondary Career Centers.

(1) Each board of trustees within the Florida College System and each district school board which operates a postsecondary career center shall develop and implement policies and procedures for providing reasonable substitution for eligible students as required by Sections 1007.264 and 1007.265, F.S. In determining whether to grant a substitution, documentation to substantiate that the disability can be reasonably expected to prevent the individual from meeting requirements for admission to the institution, admission to a program of study, entry to upper division, or graduation shall be provided. In determining whether to grant a substitution, a college may consider pertinent educational records. For purposes of this rule, the following definitions shall apply.

(a) through (b) No change.

(c) Specific Learning Disability. A disorder in one or more of the basic psychological or neurological processes involved in understanding or in using spoken or written language. Disorders may be manifested in listening, thinking, reading, writing, spelling, or performing arithmetic calculations. Examples include dyslexia, developmental aphasia, dysgraphia, dysphasia, dyscalculia, and other specific learning disabilities in the basic psychological or neurological processes. Such disorders do not include learning problems which are due primarily to visual, hearing, or motor handicaps, to mental retardation, to emotional disturbance, or to an environmental deprivation.

(d) through (h) No change.

(i) Intellectual Disability. A disorder significantly below average general intellectual and adaptive functioning manifested during the developmental period, with significant delays in academic skills. Developmental period refers to birth to eighteen (18) years of age.

(j)(i) Other Health Impairment. Any disability not identified in paragraphs (1)(a) through (i) (h) of this rule, where due to the identified disability, completion of this requirement is deemed impossible by a disability professional except those students who have been documented as having an intellectual disability, deemed by a disability professional to make completion of the requirement impossible.

(2) through (5) No change.

(6) Each Florida college and postsecondary career center operated by a school district shall maintain and report records on the number of students granted substitutions by type of disability, the substitutions provided, the substitutions identified as available for each documented disability and the number of requests for substitutions which were denied. Each college within The Florida College System shall report such information to the Department of Education, Division of Florida Colleges once a year by July 1. The Course Substitution Report, Form CSR-01, (DOS Link) is incorporated by reference herein to become effective June 2016 October 25, 2010, can be obtained at http://fldoe.org/core/fileparse.php/3/urlt/coursesubstitutiontemplate.pdf http://www.fldoe.org/cc/educators/Disability/dss.asp.

Rulemaking Authority 1007.264, 1007.265 FS. Law Implemented 1007.264, 1007.265 FS. History–New 4-13-87, Amended 12-18-05, 10-25-10,____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Madeline Pumariega, Chancellor, Florida College System

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 29, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 11, 2016