The purpose of rule development for Rule 6A-6.0333, F.A.C., is to align the rule with Sections 39.0016(3)(b) and 1003.571, Florida Statutes, and the federal regulations at 34 CFR §300.519, regarding assignment of a surrogate parent to an eligible ...

DEPARTMENT OF EDUCATION
State Board of Education

Rule No.: RULE TITLE
6A-6.0331: General Education Intervention Procedures, Identification, Evaluation, Reevaluation and the Initial Provision of Exceptional Education Services
6A-6.03312: Discipline Procedures for Students with Disabilities
6A-6.0333: Surrogate Parents
6A-6.0361: Contractual Arrangements With Nonpublic Schools
PURPOSE AND EFFECT: The purpose of rule development for Rule 6A-6.0333, F.A.C., is to align the rule with Sections 39.0016(3)(b) and 1003.571, Florida Statutes, and the federal regulations at 34 CFR §300.519, regarding assignment of a surrogate parent to an eligible student with a disability, and to remove the requirement related to gifted students. The purpose of rule development for Rule 6A-6.03312, F.A.C., is to align the rule with Section 1003.571, Florida Statutes, and the federal regulations at 34 CFR §300.530(e)(1), regarding manifestation determinations. The purpose of rule development for Rule 6A-6.0331, F.A.C., is to update the rule to be consistent with current knowledge and practice in the field regarding the school district’s obligation to refer a student for evaluation as a student with a disability under certain circumstances and to correct a technical error regarding the requirement to reevaluate a student with a disability prior to dismissal from exceptional student education (ESE) services. The purpose of rule development for Rule 6A-6.0361, F.A.C., is to comply with the requirement in Section 1003.57(3)(d), Florida Statutes, that the Department of Education adopt by rule procedures for written notification to school districts regarding the placement of students with disabilities in private residential care facilities by the Department of Children and Family Services, the Agency for Persons with Disabilities, and the Agency for Health Care Administration; to incorporate services to children with disabilities, ages birth through two; and to update references and ensure accuracy of content.
Department of Education, Turlington Building, 325
SUBJECT AREA TO BE ADDRESSED: Procedures for assigning a surrogate parent to an eligible student with a disability; the timeline for conducting a manifestation determination; the circumstances under which the school district must refer a student for evaluation as a student with a disability; the requirement to reevaluate a student prior to dismissal from ESE services; procedures for providing a free appropriate public education to students ages three through 21, or early intervention services to children birth through age two, through a contractual agreement with approved nonpublic schools or community facilities; and procedures for written notification to school districts regarding the placement of an exceptional student with a disability in a residential care facility.
SPECIFIC AUTHORITY: 1001.02(1), 1003.571 FS.
LAW IMPLEMENTED: 39.0016; 1001.42(4)(l), 1003.57 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: November 8, 2010, 2:00 p.m. – 4:00 p.m.
PLACE: Department of Education, Turlington Bulilding, 325 West Gaines Street, Suite 1721/25, Tallahassee, Florida 32399
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Bambi J. Lockman, Chief, Bureau of Exceptional Education and Student Services, 325 West Gaines Street, Suite 614, Tallahassee, Florida 32399; [phone]

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

https://app1.fldoe.org/rules/default.aspx