To reflect the update of sections 1003.01 and 1003.21, Florida Statutes, during the 2022 Legislative Session. The effect will include an expanded definition of a “child who is developmentally delayed,” the required documentation, ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.03027Special Programs for Children Three Through Five Years Old who are Developmentally Delayed

PURPOSE AND EFFECT: To reflect the update of sections 1003.01 and 1003.21, Florida Statutes, during the 2022 Legislative Session. The effect will include an expanded definition of a “child who is developmentally delayed,” the required documentation, and clarifies evaluation procedures.

SUMMARY: The rule changes the definition of a “child who is developmentally delayed,” so that it includes a child through age 9, or through completion of grade 2, whichever occurs first. The rule also changes the required documentation and clarifies evaluation procedures.

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: Based upon the nature of the changes, this proposed rule is not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and will not require legislative ratification. No increase in regulatory costs are anticipated as a result of the rule changes.

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(1), (2)(n), 1003.57, 1003.571, F.S.

LAW IMPLEMENTED: 1003.01(3), 1003.57, 1003.571, F.S.

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

DATE AND TIME: August 17, 2022, 9:00 a.m.

PLACE: Pensacola State College. Switzer Center for Visual Arts (Bldg. 15), 1000 College Boulevard, Pensacola, FL 32504.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Victoria Gaitanis, Bureau of Exceptional Education and Student Services, 325 West Gaines Street, Tallahassee, FL 32399-0400, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.03027 Special Programs for Children Three Through Nine Five Years Old who are Developmentally Delayed.

(1) Definition. A child who is developmentally delayed is three (3) through nine (9) five (5) years of age, or through the student’s completion of grade 2, whichever occurs first, and is delayed in one (1) or more of the following areas:

(a) Adaptive or self-help development;

(b) Cognitive development;

(c) Communication development;

(d) Social or emotional development; and,

(e) Physical development including fine, or gross, or perceptual motor.

(2) Criteria for eligibility. A child is eligible for the special program for children who are developmentally delayed when the following criteria are met:

(a) The child is three (3) through nine (9) five (5) years of age, unless the child has completed grade 2.

(b) Documentation of one of the following:

1. A score of two (2) standard deviations (SD) below the mean or a twenty-five (25) percent delay on measures yielding scores in months in at least one (1) area of development; or

2. A score of 1.5 standard deviations (SD) below the mean or a twenty (20) percent delay on measures yielding scores in months in at least two (2) areas of development; or

3. For children six (6) or younger and bBased on information and data informed clinical opinion, the eligibility staffing committee makes a recommendation that a developmental delay exists and exceptional student education services are needed.

(c) The eligibility staffing committee in accordance with subsection 6A-6.0331(6), F.A.C., has made a determination concerning the effects of the environment, cultural differences, or economic disadvantage.

(3) Procedures prior to initial evaluation for prekindergarten children shall be in accordance with subsection 6A-6.0331(2), F.A.C. General education interventions and activities for all students in kindergarten shall be in accordance with Rule subsection 6A-6.0331(1), F.A.C.

(4) Procedures for evaluation.

(a) Delay is documented by a multidisciplinary team utilizing multiple measures of assessment which include:

1. Standardized instruments, formal and informal judgement based assessments, criterion referenced instruments, systematic observation, functional skills assessments, or other procedures selected in consultation with the parent(s); or

2. Informed clinical opinion utilizing Qqualitative and quantitative information to determine the need for early intervention services; and,

3. Parent report which can confirm or modify information obtained and describe behavior in environments that the district may not be able to access.

(b) When a developmental delay cannot be verified by the use of standardized instruments, the delay(s) may be established through observation of atypical functioning in any one (1) or more of the developmental areas. A report shall be written documenting the evaluation procedures used, the results obtained, the reasons for overriding those results from standardized instruments, and the basis for recommending eligibility.

(5) Instructional program.

(a) As appropriate, the family support plan or individual educational plan (IEP) shall be developed through interagency collaboration with the family and other providers of services to the child and family and in accordance with Rules 6A-6.03026, 6A-6.03028 and 6A-6.03029, F.A.C.

(b) Because of the rapid development of young children, on-going observations and assessments shall be conducted as needed to plan for family support plans or IEP modifications.

(6) Continued eligibility. Continued eligibility for special programs shall be determined before the child is ten (10) six (6) years old.

Rulemaking Authority 1001.02(1), (2)(n),  1003.01(3), 1003.57, 1003.571 FS. Law Implemented 1003.01(3), 1003.57, 1003.571 FS. History–New 7-13-93, Amended 12-15-09,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Victoria Gaitanis, Bureau of Exceptional Education and Student Services.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 12, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 10, 2022