Eliminate unnecessary restriction from access to special education services in current rule. The effect is to eliminate the explicit exclusion of students with a visual impairment that is primarily caused by visual motor or visual perceptual ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.: RULE TITLE:

6A-6.03014 Exceptional Student Education Eligibility for Students Who Are Visually Impaired

PURPOSE AND EFFECT: Eliminate unnecessary restriction from access to special education services in current rule. The effect is to eliminate the explicit exclusion of students with a visual impairment that is primarily caused by visual motor or visual perceptual difficulties.

SUMMARY: Update exceptional student education eligibility for students who are visually impaired to remove explicit exclusion of students who have a visual impairment that is primarily caused by visual motor or visual perceptual difficulties.

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 rules that affect individual students and their families in an educational setting and have no impact on small businesses, 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 s. 120.541(2)(a), F.S.

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, 1001.42(4)(l), 1003.01(3)(a)-(b), 1003.55, 1003.57, FS.

LAW IMPLEMENTED: 1001.02, 1003.57, 1010.305(2), 1011.62(1)(c), FS.

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

DATE AND TIME: July 17, 2017, 2:00 p.m.

PLACE: Room LL03, The Capitol, 400 South Monroe Street, Tallahassee, Florida.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jacob Oliva, Executive Vice Chancellor, K-12 Public Schools, at [e-mail] or [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.03014 Exceptional Student Education Eligibility for Students Who Are Visually Impaired.

(1) Definition. Students who are visually impaired include the following:

(a) A student who is blind, has no vision, or has little potential for using vision;.

(b) A student who has low vision;.

(c) A student who has a visual impairment after best correction that adversely affects the student’s educational performance; and The term visual impairment does not include students who have learning problems that are primarily the result of visual perceptual and/or visual motor difficulties.

(d) A student who has been diagnosed with a progressive condition that will most likely result in a visual impairment or no vision after best correction.

(2) No change.

(3) Procedures for student evaluation.

(a) The minimum procedures necessary for determining eligibility shall include:

1. A medical eye examination describing: etiology, diagnosis, treatment regimen, prognosis, near/distance, corrected/uncorrected acuity measures for left eye, right eye and both eyes, measure of field of vision, and recommendations for lighting levels, physical activity, aids, prescribed low-vision aids, or use of glasses or contact lenses, as appropriate. For children birth to five (5) years of age or students who are otherwise unable to be assessed, a medical assessment describing visual functioning shall be documented when standard visual acuities and measure of field of vision are unattainable; and .

2. A comprehensive assessment of skills known to be impacted by visual impairment, which shall include, but is not limited to: If a medical criterion listed in paragraph (4)(a) of this rule is met, then in addition to the provisions of Rule 6A-6.0331, F.A.C., a comprehensive assessment of skills known to be impacted by visual impairment, shall include, but is not limited to: functional vision evaluation, learning media assessment, and, if appropriate, orientation and mobility assessment.

a. A functional vision evaluation that includes an assessment of skills known to be impacted by vision impairment, including assistive technology, compensatory skills, career education, recreation and leisure, sensory efficiency, self-determination, social skills, and independent-living skills in correlation with the Florida Standards for Students with Visual Impairments;

b. A learning media assessment; and

c. An orientation and mobility screening.

(b) Reevaluation shall occur at least every three (3) years and shall include a minimum of a medical eye examination within the last calendar year;, a comprehensive assessment of skills known to be impacted by visual impairment as required for determining initial eligibility; functional vision assessment, learning media assessment, and, if appropriate, any other formal evaluations addressed in the initial evaluation in accordance with Rule 6A-6.0331, F.A.C. The medical aspect of a reevaluation for students with bilateral anopthalmia may be waived by a written recommendation of a physician.

(4) Criteria for eligibility. A student is eligible for special education and related services if the following medical and educational criteria are met:

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

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

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

3. A diagnosis of visual impairment after best correction 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

4. A progressive loss of vision that may affect the student’s ability to function in an educational setting. 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 (3)(a) of this rule.

(b) The student needs special education as defined in Rules 6A-6.0331 and 6A-6.03411, F.A.C.

(5) No change.

Rulemaking Authority 1001.02, 1001.42(4)(l)(1), 1003.01(3)(a), (b), 1003.55, 1003.57 FS. Law Implemented 1001.02, 1010.305(2), 1003.57, 1011.62(1)(c) FS. History–New 7-1-77, Amended 7-13-83, Formerly 6A-6.3014, Amended 2-12-91, 3-1-08,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Hershel Lyons, Chancellor, K-12 Public Schools.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 14, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 10, 2017