Admission and Enrollment Requirements

 

DEPARTMENT OF EDUCATION

Florida School for the Deaf and the Blind

RULE NO.:RULE TITLE:

6D-3.002Admission and Enrollment Requirements

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. 40, No. 98, May 20, 2014 issue of the Florida Administrative Register.

All of these changes are technical in nature, in response to comments by the Joint Administrative Procedure Committee or comments received during public hearing.

 

6D-3.002 Admission and Enrollment Requirements.

(1) No change.

(a) Admission. The registration of a student who has been determined to meet the School's eligibility criteria for enrollment as a full-time student in the educational program at the School Florida School for the Deaf and Blind.

(b) No change.

(c) Application. The form entitled Application for Student Application (FSDB 2013-01), effective January 30, 2014, incorporated by reference, available on the internet at http://www.fsdb.k12.fl.us/wp-content/uploads/2014/02/completeapp_ENGLISH_2013.pdf or by sending a request to Florida School for the Deaf and the Blind, Admissions, 207 N. San Marco Avenue, St. Augustine, FL 32084 provided by the School to all individuals seeking admission to the School’s educational program. Accurate completion of the form is mandatory and a prerequisite to the process for determining the student’s eligibility for admission.

(d) through (e) No change.

(f) Boarding Program determination. The boarding program provides lodging, meals, and the requisite hygiene-social-, and health-related components necessary to provide for the students’ general wellness as part of appropriate after-school care. All applicants/students who meet eligibility criteria for the School can be considered for the Boarding Program. The boarding program is not a component in the School’s obligation to provide its students with a free appropriate public education; therefore, the educational program and related services provided to a student in an IEP are not similarly provided in the boarding program. The boarding staff shall apply boarding program criteria and shall make the final determination of whether the applicant/student would be successful in the boarding program. A determination by the boarding staff that the child would not be successful in the dormitory does not necessarily impact FSDB’s determination of a child’s eligibility for enrollment in the educational program. If admitted to the educational program, but not admitted to the boarding program, the applicant/student shall be responsible for transportation either to the School or to one of the School’s designated bus stops. Boarding service shall be at no cost to the student who establishes Florida residency, but tuition may be charged to out-of-state students at a cost established by the FSDB Board of Trustees.

(f)(g) Deaf or Hard-of-Hearing. Applicants/students who meet the following criteria for deaf or hard-of-hearing established by Florida Administrative Code Rule 6A-6.03013 shall satisfy the hearing loss requirement for eligibity to attend the Florida School for the Deaf and Blind, but must still satisfy all other requisite eligibility criteria prior to being determined eligible for full-time admission to the School.

1. 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:

a. 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

b. 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

c. 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

d. 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 subsections (f)1.a., b. and c. of this Rule; and,

2. The student needs special education as defined in paragraph 6A-6.03411(1)(kk), F.A.C., effective as of December 22, 2008, incorporated by reference, available on the internet at https://www.flrules.org/Gateway/View_notice.asp?id=6534228.

(g)(h) Dual-sensory impaired. Applicants/students who meet the following criteria for dual-sensory impaired established by Florida Administrative Code Rule 6A-6.03022 shall satisfy the dual-sensory impairment requirement for eligibity to attend at the Florida School for the Deaf and Blind, but must still satisfy all other requisite eligibility criteria prior to being determined eligible for full-time admission to the School:

1. One or more of the following visual impairments:

a. A visual acuity of 20/70 or less in the better eye after best correction;

b. A peripheral field loss;

c. A progressive vision loss; or

d. Other documented visual conditions including but not limited to extreme light sensitivity or lack of contrast sensitivity; and

2. One or more of the following hearing impairments:

a. Hearing impairment of 30db or greater unaided in the better ear;

b. Other documented auditory conditions including but not limited to monaural loss or an inability to screen out auditory background sounds; or

c. A progressive hearing loss; and

3. A combination of the visual and auditory impairments as specified above which adversely affects, or has the potential to adversely affect, the student’s abilities to acquire information, communicate, or function within the environment, unless special instruction, materials, adaptations, or counseling are provided; or

4. A diagnosed degenerative condition or syndrome which will lead to dual-sensory impairment and is likely to adversely affect the areas listed above.

(h)(g) Educational program. The placement, services, and individualized instruction provided to a student specifically tailored to address the student's educational strengths, weaknesses, and objectives. All references to the term "educational program" in this rule shall refer to the day program of the School the 6D rules of the Florida Administrative Code shall not include the boarding program, but shall comprise the day program only.

(j) through (l) renumbered (i) through (k) No change.

(l)(m) "Residence" means actual physical presence in a place as the parent, guardian or adult applicant's place of abode, with the intention to remain there permanently or for an indefinite period of time. Actual presence of the parent, guardian or adult applicant for the sole purpose of receiving free education shall not be considered residence.

(n) School. The Florida School for the Deaf and Blind.

(m)(o) No change.

(n)(p) Staffing Coordinator Specialist. School professional who facilitates an applicant's file review process, is knowledgeable about the School's enrollment criteria, and serves as the Chairperson of Eligibility and Continuation Staffing Committee meetings. The Staffing Coordinator Specialist is the President's Designee and makes the final decision on the applicant's eligibility for the School.

(o)(q) Temporary assignment. An applicant's attendance (with parental or guardian consent if the student is a minor) in the School for no more than 90 school days for the School staff to complete evaluations and gather additional information to make an eligibility determination. Temporary Assignment status does not guarantee admission to the educational program as a student who meets the School's eligibility criteria. If the Eligibility Staffing Committee School staff determines that a student on Temporary Assignment status is not eligible for admission to the educational program, the student shall return to the student's local educational agency. If the student pursues a due process hearing to challenge the School's ineligibility determination, the student's "stay put" placement shall not be the School, but shall be the student's local educational agency.

(p)(r) Visually Impaired. Applicants/students who meet the following criteria for visually impaired established by Florida Administrative Code Rule 6A-6.03014 shall satisfy the vision loss requirement for eligibility to attend at the Florida School for the Deaf and Blind, but must still satisfy all other requisite eligibility criteria prior to being determined eligible for full-time admission to the School:.

1. Medical. A licensed ophthalmologist or optometrist has documented an eye condition that causes an impairment as manifested by at least one of the following:

a. A visual acuity of 20/70 or less in the better eye after best possible correction;

b. A peripheral field so constricted that it affects the student’s ability to function in an educational setting;

c. A progressive loss of vision which may affect the student’s ability to function in an educational setting, not including students who have learning problems that are primarily the result of visual perceptual and/or visual motor difficulties, or,

d. For children birth to five (5) years of age or students who are otherwise unable to be assessed, bilateral lack of central, steady, or maintained fixation of vision with an estimated visual acuity of 20/70 or less after best possible correction; bilateral central scotoma involving the perimacula area (20/80-20/200); bilateral grade III, IV, or V Retinopathy of Prematurity (ROP); or documented eye impairment as stated in paragraph 6A-6.03014(3)(a), F.A.C., effective as of March 1, 2008, incorporated by reference, available on the internet at https://www.flrules.org/Gateway/View_notice.asp?id=5111044 and http://www.fsdb.k12.fl.us/changenotice/6A-6.03014.pdf.

2. The student needs special education as defined in Rule 6A-6.0331, F.A.C., effective as of March 25, 2014, incorporated by reference, available on the internet at https://www.flrules.org/Gateway/View_notice.asp?id=14308002 and Rule 6A-6.03411, F.A. C.

(2) No change.

(a) through (b) No change.

1. In determining residence, the School shall may consider such matters as voter registration, driver's license, automobile registration, location of bank accounts, rent receipts or any other relevant evidence that tends to show the intent to abide in a jurisdiction permanently or for an indefinite period of time as provided by the laws of the State of Florida.

2. No change.

3. Application for admission as a “Florida student” shall include a written statement made under oath by the applicant if 18 years of age or older, or made by the applicant’s parents, guardian or legal custodian if a minor, that the applicant is entitled to classification as a Florida student under this rule.

(c) through (d) No change.

(e) An applicant is qualified for admission to the School's program for the deaf and hard-of-hearing if the applicant meets all of the following admissions criteria:

1. through 2. No change.

3. Evidence that the deaf or hard-of-hearing applicant does not exhibit behaviors that adversely affect functioning. Such determination shall be based on meet the criteria for eligibility for one or more of the following programs:

a. Evidence of an uneven developmental profile and a pattern of qualitative impairments in social interaction, communication and the presence of restricted, repetitive and/or stereotyped patterns of behavior, interests, or activities. Autism Spectrum Disorder, Rule 6A-6.03023, F.A.C.,

b. Medically diagnosed physical or psychiatric condition which is acute or catastrophic in nature, or a chronic illness, or a repeated intermittent illness due to a persistent medical problem which confines the student to home or hospital and restricts activities for an extended period of time. Homebound-hospitalized, Rule 6A-6.03020, F.A.C.,

c. Measured level of intellectual functioning more than three (3) standard deviations below the mean on an individually measured, standardized test of intellectual functioning; and (ii) level of adaptive functioning is more than three (3) standard deviations below the mean on the adaptive behavior composite or on two (2) out of three (3) domains on a standardized test of adaptive behavior. Intellectual Disabilities, as defined in Rule 6A-6.03011, F.A.C., with the following additional requisite criteria replacing that in paragraphs 6A-6.03011(4)(a), (b): (i) that the student’s measured level of intellectual functioning is more than three (3) standard deviations below the mean on an individually measured, standardized test of intellectual functioning; and (ii) that the student’s level of adaptive functioning is more than three (3) standard deviations below the mean on the adaptive behavior composite or on two (2) out of three(3) domains on a standardized test of adaptive behavior,

(f) No change.

1. Evidence of a vision loss as established by paragraph 6D-3.002(1)(p), F.A.C. Florida Administrative Code Rule 6A-6.03014.

2. No change.

3. Evidence that the visually impaired applicant does not exhibit behaviors that adversely affect functioning. Such determination shall be based on meet the criteria for eligibility for one or more of the following programs as defined by State Board of Education rules:

a. Evidence of an uneven developmental profile and a pattern of qualitative impairments in social interaction, communication and the presence of restricted, repetitive and/or stereotyped patterns of behavior, interests, or activities. Autism Spectrum Disorder, Rule 6A-6.03023, F.A.C.,

b. Medically diagnosed physical or psychiatric condition which is acute or catastrophic in nature, or a chronic illness, or a repeated intermittent illness due to a persistent medical problem which confines the student to home or hospital and restricts activities for an extended period of time. Homebound-hospitalized, Rule 6A-6.03020, F.A.C.,

c. Measured level of intellectual functioning (i) more than three (3) standard deviations below the mean on an individually measured, standardized test of intellectual functioning; and (ii) level of adaptive functioning is either more than three (3) standard deviations below the mean on the adaptive behavior composite or on two (2) out of three (3) domains on a standardized test of adaptive behavior. Intellectual Disabilities, as defined in Rule 6A-6.03011, F.A.C., with the following additional requisite criteria replacing that in paragraphs 6A-6.03011(4)(a), (b): (i) that the student’s measured level of intellectual functioning is more than three (3) standard deviations below the mean on an individually measured, standardized test of intellectual functioning; and (ii) that the student’s level of adaptive functioning is more than three (3) standard deviations below the mean on the adaptive behavior composite or on two (2) out of three (3) domains on a standardized test of adaptive behavior,

(g) No change.

1. Meets the definition of dual-sensory impaired as established by Florida Administrative Code Rule 6A-6.03022. Rule 6A-6.03022, F.A.C., effective as of February 17, 2012, incorporated by reference, available on the internet at https://www.flrules.org/Gateway/View_notice.asp?id=11030663.

2. No change.

3. Evidence that the dual sensory impaired applicant does not present meet the criteria for eligibility for one or more of the following programs as defined by State Board of Education rules:

a. Evidence of an uneven developmental profile and a pattern of qualitative impairments in social interaction, communication and the presence of restricted, repetitive and/or stereotyped patterns of behavior, interests, or activities. Autism Spectrum Disorder, Rule 6A-6.03023, F.A.C.,

b. Medically diagnosed physical or psychiatric condition which is acute or catastrophic in nature, or a chronic illness, or a repeated intermittent illness due to a persistent medical problem which confines the student to home or hospital and restricts activities for an extended period of time. Homebound-hospitalized, Rule 6A-6.03020, F.A.C.,

c. Measured level of intellectual functioning more than three (3) standard deviations below the mean on an individually measured, standardized test of intellectual functioning; and (ii) level of adaptive functioning is more than three (3) standard deviations below the mean on the adaptive behavior composite or on two (2) out of three (3) domains on a standardized test of adaptive behavior. Intellectual Disabilities, as defined in Rule 6A-6.03011, F.A.C., with the following additional requisite criteria replacing that in paragraphs 6A-6.03011(4)(a), (b): (i) that the student’s measured level of intellectual functioning is more than five (5) standard deviations below the mean on an individually measured, standardized test of intellectual functioning; and (ii) that the student’s level of adaptive functioning is more than five (5) standard deviations below the mean on the adaptive behavior composite or on two (2) out of three(3) domains on a standardized test of adaptive behavior,

(h) No change.

1. If the applicant or student is determined to be a danger to self or others. Such determination may be based on various factors, including evidence of the student's severe injurious, or potentially injurious, behaviors to self or others; lack of awareness or understanding of the surrounding environment; suicidal or homicidal /homodical statements, gestures, ideations; non-compliance with medical management; need for a highly structured program specifically designed for students with mental illnesses/disorders, providing necessary services including extensive counseling, as well as consultation from mental health, medical, or other healthcare professionals.

2. If the applicant or student is determined to be disruptive to other students or to the educational process of that applicant or student /student or of other students. Such determination may be based on various factors, including evidence of the student's threatening, aggressive, harassing behaviors towards others; level of functioning that requires continuous and excessive supervision by staff, which interferes with the ability of staff to tend to the educational or functional /functional needs of other students; frequent, recurrent pattern of negative, defiant, disobedient, or hostile behavior toward others, including refusing to comply with rules or directives /directives, deliberately annoying others, and blaming others for the student's own misconduct.

3. through 4. No change.

(i) A determination that a student or applicant does not meet eligibility criteria for admission to the School's educational program shall be based upon a recommendation by the staffing committee, in consultation with professionals; the staffing committee's recommendation shall be based upon past evidence of behavior, including criminal activity, as well as or the commission of a Class A violation as defined by the Code of Student Conduct, and health and safety. A final determination of admission or continued enrollment will be made by the President or designee. Impartial due process hearings may be initiated as provided by IDEA, and Rule 6A-6.03311, F.A.C., effective as of March 25, 2014, incorporated by reference, available on the internet at https://www.flrules.org/Gateway/View_notice.asp?id=14308099, as a result of such determinations.

(j) There must be an individualized evaluation(s) by a qualified individual(s), resulting in a determination that the child is eligible to receive specially designed instruction and related services, and a proposed or current IEP Individual Educational Plan by a school district.

(3) No change.

(a) No change.

(b) Applications for the admission of a student may be submitted by school personnel from the school district in which the applicant, applicant's parents, legal guardian, or other person with legal custody resides although a student may not be evaluated or admitted without consent of parents or parent with legal authority to apply, legal guardian, or the student if the student is an adult.

(c) Application for admission may be submitted directly to the School by parents, or parent with legal authority to apply, legal guardian,; or the adult applicant.

(d) If the applicant has already been evaluated by the school district, pursuant to Florida Statue Section 1003.57, FS, and Rule 6A-6.0331, F.A.C., and determined eligible for a special program for exceptional students as a student with a disability, the applicant will be considered for admission.

(e) If the applicant has not been evaluated by the school district pursuant to Florida Statute Section 1003.57, F.S., and Rule 6A-6.0331, F.A.C., and determined eligible for a special program for exceptional students as a student with a disability, a school district and the School may enter into an agreement for the School to evaluate the individual to determine eligibility for exceptional student education (ESE).

(f) No change.

(4) No change.

(a) Upon receipt of a completed application form from a school district, parent or other legal guardian /legal guardian, or adult student, the School shall obtain educational, medical, and other records relating to the applicant to assist the School staffing committee in its determination of the applicant's eligibility for admission to the School.

(b) No change.

(c) An applicant may be considered for a temporary assignment for extended evaluation when a determination of the applicant's eligibility for admission cannot be established through the initial staffing process. A staffing committee may recommend that an applicant attend FSDB on a temporary assignment basis for not more than ninety school days. An IEP Individual Educational Plan for the applicant shall be developed and implemented by the School; every applicant attending the School on a temporary assignment basis shall have an IEP for the duration of the temporary assignment.

(d) No change.

(e) The location of the staffing committee meeting shall be at the School Florida School for the Deaf and the Blind unless another location is mutually agreed upon by the School, the school district, and the parent.

(f) No change.

(g) If a determination is made that an applicant meets the School's eligibility criteria and is qualified for admission, the IEP Team shall convene in accordance with Florida Administrative Code Rule 6D-3.0021 and develop an IEP for the newly admitted student in accordance with Rules 6A-6.03028 and 6D-3.0021, F.A.C.

(h) through (i) No change.

(j) The School Florida School for the Deaf and the Blind, or the parent/, other legal guardian/ or eligible adult student, who disagrees with the IEP Individual Educational Plan prepared by the School, or the assignment of the applicant under the IEP, Individual Educational Plan has a right to a due process hearing as provided by Rule 6A-6.03311, F.A.C.

(5) Disenrollment/Continued Enrollment.

(a) A student Students who no longer meets the eligibility criteria of the School described in subsection 6D-3.002(2), F.A.C., or whose re-evaluation(s) as described in Rules 6A-6.03311 and 6D-3.0021, F.A.C., indicate(s) that the student may no longer meet the School's eligibility criteria may be disenrolled from the School following a continuation staffing.

(b) through (h) No change.

(i) The student, if an adult, or any of his or her parents or legal guardian, if the student is a minor, may request a due process hearing in accordance with Rule 6A-6.03311, F.A.C., to challenge the student’s disenrollment from the School under these provisions.

(6) Citations to other authority. All citations contained herein to Florida and federal authority shall incorporate subsequent amendments to the provision being cited, unless otherwise specified.

Rulemaking Authority 1002.36, 1003.57. 242.331(3) FS. Law Implemented 1002.36120.53(1)(b), 229.053(2)(i), (j), 230.23(4)(m), 242.331(4) FS. History–New 12-19-74, Revised 1-29-76, Amended 1-29-80, 5-2-86, Formerly 6D-3.02, Amended 5-5-87, 4-12-90, 12-20-92, 3-29-95, 3-25-96,_________.

 

Cf. P. L. 94-142, 20 USC 1401(18), (19), 1412(2), (5), (6), 1413(a)(2), Federal Register, Volume 42, Number 163, Regulations 121a.2, 121a.4, 121a.503.

 

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Cindy Day, Executive Director Parent Services, 207 San Marco Avenue, St. Augustine, Florida 32084