The purpose of this rule development is to revise Rules 6A-6.03028, 6A-6.0331 and 6A-6.03311, FAC., to conform with statutory changes and newly-created statutes enacted by the 2013 Florida Legislature. Rule 6A-6.03028, FAC., is being revised to ...  

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    DEPARTMENT OF EDUCATION

    State Board of Education

    RULE NOS.:RULE TITLES:

    6A-6.03028Provision of Free Appropriate Public Education (FAPE) and Development of Individual Educational Plans for Students with Disabilities

    6A-6.0331General Education Intervention Procedures, Identification, Evaluation, Reevaluation and the Initial Provision of Exceptional Education Services

    6A-6.03311Procedural Safeguards and Due Process Procedures for Parents and Students with Disabilities

    PURPOSE AND EFFECT: The purpose of this rule development is to revise Rules 6A-6.03028, 6A-6.0331 and 6A-6.03311, F.A.C., to conform with statutory changes and newly-created statutes enacted by the 2013 Florida Legislature. Rule 6A-6.03028, F.A.C., is being revised to reflect requirements resulting from the creation of Section 1003.5715, Florida Statutes, regarding additional requirements for parental notification for specific meetings. Revision is also necessary due to an amendment to Section 1003.55, Florida Statutes, which requires that a Model Communication Plan be used during the development of an individual educational plan (IEP) for a student who is deaf or hard of hearing (DHH) or dual-sensory impaired (DSI). The effects of such revisions will be to provide more specific parental notification requirements for specific IEP team meetings and increase consistency in how the communication needs of students who are DHH or DSI are addressed. Rule 6A-6.0331, F.A.C., is being revised to include the consent provisions specified in the newly-created Section 1003.5715, Florida Statutes, and to add clarification regarding actions required prior to an evaluation within a multi-tiered system of supports. An additional revision of this rule includes references to “exceptional student education (ESE)” in lieu of “special education and related services” in order to ensure the inclusion of gifted education and provide consistency with other state requirements. The effects of these provisions will be increased parental rights regarding students’ participation in Access Points curriculum, the Florida Alternate Assessment, and placement in ESE center schools. Revisions to Rule 6A-6.03311, F.A.C., are required in accordance with the newly-created Section 1008.212, Florida Statutes, regarding extraordinary exemptions from statewide assessment. The effects of these revisions will be the inclusion of specific information related to the superintendent’s recommendation to the Commissioner of Education for extraordinary exemptions and applicable due process hearing procedures in the event the Commissioner denies a request for an extraordinary exemption from participation in a state assessment.

    SUBJECT AREA TO BE ADDRESSED: IEP development, parental notice, and consent requirements related to students’ participation in Access Points curriculum, the Florida Alternate Assessment, and placement in an ESE center school; and a Model Communication Plan to be used during the development of an IEP for a student who is DHH or DSI.

    RULEMAKING AUTHORITY: 1003.428, 1003.55, 1003.57, 1003.571, 1003.5715 FS.

    LAW IMPLEMENTED: 1003.428, 1003.55, 1003.57, 1003.5715, 1008.212 FS.

    A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

    DATE AND TIME: September 13, 2013, 10:00 a.m.

    PLACE: Via telephone conference call at 1(888)339-2688; participant pass code is 19969312; participants may access a presentation by linking to http://fcim.adobeconnect.com/rule/ immediately prior to the telephone conference call. For anyone wishing to attend in person: Department of Education, 325 West Gaines Street, Room 1703, Tallahassee, Florida at the time provided above.

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Monica Verra-Tirado, Ed.D., Chief, Bureau of Exceptional Education and Student Services, 325 West Gaines Street, Tallahassee, FL 32399-0400, (850)245-0475. To submit a comment on this rule development go to: https://app1.fldoe.org/rules/default.aspx

    THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS Available at: https://app1.fldoe.org/rules/default.aspx.

     

Document Information

Subject:
IEP development, parental notice, and consent requirements related to students’ participation in Access Points curriculum, the Florida Alternate Assessment, and placement in an ESE center school; and a Model Communication Plan to be used during the development of an IEP for a student who is DHH or DSI.
Purpose:
The purpose of this rule development is to revise Rules 6A-6.03028, 6A-6.0331 and 6A-6.03311, FAC., to conform with statutory changes and newly-created statutes enacted by the 2013 Florida Legislature. Rule 6A-6.03028, FAC., is being revised to reflect requirements resulting from the creation of Section 1003.5715, Florida Statutes, regarding additional requirements for parental notification for specific meetings. Revision is also necessary due to an amendment to Section 1003.55, Florida ...
Rulemaking Authority:
1003.428, 1003.55, 1003.57, 1003.571, 1003.5715, Florida Statutes.
Law:
1003.428, 1003.55, 1003.57, 1003.5715, 1008.212, Florida Statutes.
Contact:
Monica Verra-Tirado, Ed.D., Chief, Bureau of Exceptional Education and Student Services, 325 West Gaines Street, Tallahassee, FL 32399-0400, 850-245-0475. To submit a comment on this rule development go to: https://app1.fldoe.org/rules/default.aspx.
Related Rules: (3)
6A-6.03028. Provision of Free Appropriate Public Education (FAPE) and Development of Individual Educational Plans for Students with Disabilities
6A-6.0331. General Education Intervention Procedures, Identification, Evaluation, Reevaluation and the Initial Provision of Exceptional Education Services
6A-6.03311. Procedural Safeguards and Due Process Procedures for Parents and Students with Disabilities