Beginning with the 2012-2013 school year, a child who has a disability and enrolls with the early learning coalition under Section 1002.53(3)(d), Florida Statutes, is eligible for specialized instructional services if (a) The child is eligible for ...

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.: RULE TITLE:
6A-6.03033: Specialized Instructional Services for Children with Disabilities in the Voluntary Prekindergarten Education Program.
PURPOSE AND EFFECT: Beginning with the 2012-2013 school year, a child who has a disability and enrolls with the early learning coalition under Section 1002.53(3)(d), Florida Statutes, is eligible for specialized instructional services if (a) The child is eligible for the Voluntary Prekindergarten Education Program under Section 1002.53, Florida Statutes; and (b) A current individual educational plan has been developed for the child by the local school board in accordance with rules of the State Board of Education. The purpose of this new rule is to adopt procedures for the Department to approve specialized instructional service providers whose services meet the standards in Section 1002.66(3), Florida Statutes, maintain a list of approved providers, and notify each school district and early learning coalition of the approved provider list. The effect of the rule will allow the parent of a child who is eligible for the prekindergarten program for children with disabilities to select one or more specialized instructional services that are consistent with the child’s individual educational plan. These specialized instructional services may include, but are not limited to (a) Applied behavior analysis as defined in Sections 627.6686 and 641.31098, Florida Statutes, (b) Speech-language pathology as defined in Section 468.1125, Florida Statutes, (c) Occupational therapy as defined in Section 468.203, Florida Statutes, (d) Physical therapy as defined in Section 486.021, Florida Statues, and (e) Listening and spoken language specialists and an appropriate acoustical environment for a child who is deaf or hard of hearing who has received an implant or assistive hearing device.
SUMMARY: New statutory language (Section 1002.66, F.S.) requires the Department to approve individuals providing specialized instructional services (SIS) to VPK children with disabilities. Statutory language automatically approves certain providers, and others, outlined in the rule, may apply for approval.
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 Section 120.541(1), Florida Statutes, 2) the application process for approval by a parent or a Specialized Instructional Service provider has no associated regulatory costs; and 3) based on past experiences with the VPK program and rules of this nature, 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 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: 1002.66 FS.
LAW IMPLEMENTED: 1002.66 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: July 17, 2012, 8:00 a.m.
PLACE: Broward College, Fort Lauderdale, FL 33301
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Stuart Greenberg, Executive Director of the Office of Early Learning and Just Read, Florida!, Florida Department of Education, 325 W. Gaines St., Suite 514, Tallahassee, FL 32399

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.03033 Specialized Instructional Services (SIS) for Voluntary Prekindergarten Children (VPK) with Disabilities.

(1) Definitions.

(a) For purposes of this rule, “specialized instructional services” refers to those services authorized to be provided under Section 1002.66, F.S.

(b) For purposes of this rule, “an applicable field of study” refers to an occupation that is subject to licensure or certification by the state of Florida or a subdivision thereof and that may be used to address the age-appropriate progress of children with disabilities in the development of the capabilities, capacities, and skills required under Section 1(b), Art. IX of the State Constitution.

(2) The Department approves the following individuals to provide specialized instructional services:

(a) Individuals certified pursuant to Section 393.17, F.S., or licensed pursuant to Chapter 490 or 491, F.S., for applied behavior analysis services as defined under Sections 627.6686 and 641.31098, F.S.;

(b) Speech-language pathologists licensed under Section 468.1185, F.S.;

(c) Occupational therapists licensed under Chapter 468, Part III, F.S.;

(d) Physical therapists licensed under Chapter 486, F.S.;

(e) Clinical Social Workers licensed under Chapter 491, F.S.; and

(f) Psychologists licensed under Chapter 490, F.S.

(3) The Department will approve the following individuals to deliver specialized instructional services upon submission of a request for approval using the Department’s Form VPK-SIS1, Specialized Instructional Services (SIS) for Voluntary Prekindergarten Children with Disabilities – Specified SIS Providers, effective August 2012, which is incorporated by reference herein. Applicants under this subsection are approved for a period of five (5) years, or until license or certification suspension, revocation, or expiration, whichever occurs earlier:

(a) Listening and Spoken Language Specialists™ certified by the Alexander Graham Bell Academy for Listening and Spoken Language;

(b) Board Certified Behavior Analysts certified by the Behavior Analyst Certification Board® pursuant to Rule 65G-4.0011, F.A.C.

(4) The Department will approve other specialized instructional service providers meeting the following criteria:

(a) The applicant must be licensed or certified in an applicable field of study; and

(b) The applicant must submit a request for approval using the Department’s Form VPK-SIS2, Specialized Instructional Services (SIS) for Voluntary Prekindergarten Children with Disabilities – Other SIS Providers, effective August 2012, which is incorporated by reference herein. Applicants under this subsection are approved for a period of five (5) years, or until license or certification suspension, revocation, or expiration, whichever occurs earlier.

(5) Pursuant to Section 1002.66(4), F.S., the Department will maintain a list of approved providers of specialized instructional services meeting the requirements of subsections (1) through (4) of this rule.

(6) Pursuant to Section 1002.66(4), F.S., upon the request of a child’s parent, the Department may approve a provider of specialized instructional services not included on the Department’s approved list.

(a) The services of the specialized instructional service provider must:

1. Be consistent with the child’s individual educational plan (IEP), as described in Rule 6A-6.03028, F.A.C.;

2. Be provided by a service provider licensed or certified in an applicable field of study;

3. Be delivered according to professionally accepted standards;

4. Be delivered in accordance with the performance standards adopted by the Department of Education under Section 1002.67, F.S.; and

5. Address the age-appropriate progress of the child in the development of the capabilities, capacities, and skills required under Section 1(b), Art. IX of the State Constitution.

(b) When requesting the approval of a specialized instructional service provider who is not included on the Department’s approved list, a parent must submit the Department’s Form VPK-SIS3, Specialized Instructional Services (SIS) for Voluntary Prekindergarten Children with Disabilities – Parent Request, effective August 2012, which is incorporated by reference herein. This form must be received no later than thirty (30) calendar days prior to the beginning of the program (school year or summer program). Providers approved at the request of a parent remain approved for the period of the child’s eligibility for VPK, or until the provider’s license or certification is suspended, revoked, or expired, whichever occurs earlier.

Rulemaking Authority 1002.66, 1002.73(2) FS. Law Implemented 1002.66 FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Pam Stewart, Chancellor, Division of Public Schools
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerard Robinson, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 5, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 4, 2011