RULE NO.:RULE TITLE:
6A-6.03013Exceptional Student Educational Eligibility for Students Who Are Deaf or Hard-of-Hearing
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 50 No. 59, March 25, 2024 issue of the Florida Administrative Register.
In response to public comment, this rule is amended as follows:
(1) Definitions.
(a) No change.
(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) through (d) No change.
(2) Eligibility Determination. A full and individual evaluation must be conducted by a school district to identify a student who is deaf or hard of hearing as eligible for exceptional student education and consider the individual needs of a student who is deaf or hard of hearing when developing, reviewing, or revising an Individual Educational Plan (IEP) 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).
(3) Eligibility determination. For a student who is, or who is suspected of being, deaf or hard of hearing, evaluation for eligibility must include an audiological report and two assessments as described in paragraphs (3)(b)-(c), unless one of the assessments is waived as provided in paragraph (3)(d).
(a) No change.
(b) Functional listening assessment. A functional listening assessment is an assessment of the student’s educational environment to that determines how noise, distance, and visual input affect a student’s listening abilities. This assessment It must be conducted by a teacher of the deaf or hard of hearing or a licensed speech language pathologist.
(c) No change.
(d) Assessment waiver. If one of the assessments described in paragraphs (3)(b) or (3)(c) provides sufficient information to determine that a student who is deaf or hard of hearing is eligible for exceptional student education, the other assessment must be waived for the purpose of determining eligibility. However, if the assessment is waived because it was not necessary to determine eligibility, the assessment must be completed during the IEP process.
(4)(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 an 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 IEP individual educational plan team if the team finds that there is no suspected change in hearing.
(5)(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.
(6) Once a student who is deaf or hard of hearing is determined eligible for exceptional student education, the district must conduct the following assessments:
(a) Any assessment waived for the eligibility determination as provided in paragraph (3)(d); and
(b) A special skills assessment. A special skills assessment evaluates skills aligned with content knowledge described in Rule 6A-1.09401(1)(j), F.A.C. This assessment must be conducted by a teacher of the deaf or hard of hearing.
(7)(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) No change.
(b) Auditory-Oral University of Miami (UM) Debbie School and Bridge to Speech UM Debbie School;
(c) Educational Interpreter Project (EIP);
(d) Florida Division of Blind Services (DBS) Florida School for the Deaf and the Blind (FSDB);
(e) Florida Division of Vocational Rehabilitation (VR) Florida Division of Blind Services (DBS);
(f) Florida School for the Deaf and the Blind (FSDB) Florida Division of Vocational Rehabilitation (VR); and
(g) No change.
