The purpose of the proposed revisions is to update rule language to reflect current knowledge and practice in the field and to conform the rule language to recent revisions made to Section 1003.01, Florida Statutes. The implementation of the ...

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO: RULE TITLE
6A-6.03011: Special Programs for Students Who Are Mentally Handicapped
PURPOSE AND EFFECT: The purpose of the proposed revisions is to update rule language to reflect current knowledge and practice in the field and to conform the rule language to recent revisions made to Section 1003.01, Florida Statutes. The implementation of the eligibility criteria in the rule will ensure consistency with the requirements of the federal law, the Individuals with Disabilities Education Act (IDEA) 20 U.S.C. Chapter 33, and its implementing regulations. The effect of this revision will be to ensure implementation consistent with the federal requirements and current knowledge and practice in the field. The result will be more appropriate eligibility determinations.
SUMMARY: The proposed rule title is changed from “Special Programs for Students Who Are Mentally Handicapped” to “Exceptional Student Education Eligibility for Students with Intellectual Disabilities.” Additionally, the proposed rule revision combines the currently established distinct eligibility categories of educable mentally handicapped, trainable mentally handicapped, and profoundly mentally handicapped into the single category of “intellectual disabilities.” This change will encourage schools to focus on the individual strengths and needs of the student while diminishing the effect the student’s “label” may have on educational decisions. Clarification of the definition of “developmental period” (prior to age 18) and “significantly below average” performance in the areas of intellectual and adaptive functioning and academic achievement is provided. This change is consistent with the currently accepted terminology and practice and conforms the rule language to statutory changes made to Section 1003.01, F.S.,”Definitions,” during the 2008 legislative session.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 1001.02(1), (2)(n), 1001.42(4)(l), 1003.01(3)(a), (b), 1003.57 FS.
LAW IMPLEMENTED: 1001.02(2)(n), 1003.01,(3)(a), (b), 1003.57, 1011.62(1)(c) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: October 6, 2008, 9:30 a.m. – 11:30 a.m.
PLACE: Florida Department of Education, Turlington Building, 325 West Gaines Street, Room 1703/07, Tallahassee, FL 32399
IN ADDITION, the State Board of Education will consider this rule at its meeting on October 21, 2008, in Tampa, Florida. For additional information concerning the State Board of Education Meeting please email [e-mail].
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bambi Lockman, Chief, Bureau of Exceptional Education and Student Services, Florida Department of Education, 325 West Gaines Street, Room 601, Tallahassee, Florida 32399-0400, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial Rewording of Rule 6A-6.03011 follows. See Florida Administrative Code for present text).

6A-6.03011 Exceptional Student Education Eligibility for Students with Intellectual Disabilities Special Programs for Students Who Are Mentally Handicapped.

(1) Definition. Students with intellectual disabilities. An intellectual disability is defined as significantly below average general intellectual and adaptive functioning manifested during the developmental period, with significant delays in academic skills. Developmental period refers to birth to eighteen (18) years of age.

(2) General education interventions and activities. Prior to referral for evaluation the requirements in subsection 6A-6.0331(2), F.A.C., must be met.

(3) Evaluation. In addition to the procedures identified in subsection 6A-6.0331(4), F.A.C., the minimum evaluation for determining eligibility shall include all of the following:

(a) A standardized individual test of intellectual functioning individually administered by a professional person qualified in accordance with Rule 6A-4.0311, F.A.C., or licensed under Chapter 490, Florida Statutes;

(b) A standardized assessment of adaptive behavior to include parental or guardian input;

(c) An individually administered standardized test of academic or pre-academic achievement. A standardized developmental scale shall be used when a student’s level of functioning cannot be measured by an academic or pre-academic test; and

(d) A social-developmental history which has been compiled directly from the parent, guardian, or primary caregiver.

(4) Criteria for eligibility. A student with an intellectual disability is eligible for exceptional student education if all of the following criteria are met:

(a) The measured level of intellectual functioning is more than two (2) standard deviations below the mean on an individually measured, standardized test of intellectual functioning;

(b) The level of adaptive functioning is more than two (2) 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. The adaptive behavior measure shall include parental or guardian input;

(c) The level of academic or pre-academic performance on a standardized test is consistent with the performance expected of a student of comparable intellectual functioning;

(d) The social/developmental history identifies the developmental, familial, medical/health, and environmental factors impacting student functioning and documents the student’s functional skills outside of the school environment; and

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

(5) Documentation of determination of eligibility. Eligibility is determined by a group of qualified professionals and the parent or guardian in accordance with paragraph 6A-6.0331(5)(a), F.A.C. The documentation of the determination of eligibility must include a written summary of the group’s analysis of the data that incorporates the following information:

(a) The basis for making the determination, including an assurance that the determination has been made in accordance with subsection 6A-6.0331(5), F.A.C.;

(b) Noted behavior during the observation of the student and the relationship of that behavior to the student’s academic and intellectual functioning;

(c) The educationally relevant medical findings, if any;

(d) The determination of the group concerning the effects on the student’s achievement level of a visual, hearing, motor, or emotional/behavioral disability; cultural factors; environmental or economic factors, an irregular pattern of attendance or high mobility rate; classroom behavior; or limited English proficiency; and

(e) The signature of each group member certifying that the documentation of determination of eligibility reflects the member’s conclusion. If it does not reflect the member’s conclusion, the group member must submit a separate statement presenting the member’s conclusion.

Specific Authority 1001.01, 1001.02(1), (2)(n), 1001.42(4)(l), 1003.01(3)(a), (b), 1003.57 FS. Law Implemented 1000.01, 1001.42((4)(l), 1001.02(2)(n), 1003.01(3)(a), (b), 1003.21, 1003.57(5), 1011.62(1)(c) FS. History–New 7-1-77, Amended 7-2-79, Formerly 6A-6.3011, Amended 5-17-88,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Frances Haithcock, Chancellor, K-12 Public Schools
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric J. Smith, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 9, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 20, 2006