The purpose of these revisions is to incorporate the revisions required for programs for students with disabilities by the amendments to the federal law, the Individuals with Disabilities Education Act (IDEA) 20 U.S.C. Chapter 33, and its ...

 

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO: RULE TITLE
6A-6.03013: Special Programs for Students who are Deaf or Hard-of-Hearing
6A-6.030151: Exceptional Student Education Eligibility for Students Who are Physically Impaired with Orthopedic Impairment
6A-6.030152: Exceptional Student Education Eligibility for Students Who are Physically Impaired with Other Health Impairment
6A-6.030153: Exceptional Student Education Eligibility for Students Who Are Physically Impaired With Traumatic Brain Injury
6A-6.03016: Special Programs for Students who are Emotionally Handicapped
6A-6.03023: Special Programs for Students who are Autistic
PURPOSE AND EFFECT: The purpose of these revisions is to incorporate the revisions required for programs for students with disabilities by the amendments to the federal law, the Individuals with Disabilities Education Act (IDEA) 20 U.S.C. Chapter 33, and its implementing regulations and to update rule language to reflect current knowledge in the field. The effect of these revisions will be consistency with the federal requirements and current knowledge in the respective fields.
SUMMARY: The rules listed above are amended (or in some cases new rules) to implement changes in the Individuals with Disabilities Education Act 20 U.S.C. The rules have been streamlined to be specific to conditions and reflect current knowledge in the respective fields.
SUMMARY 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), 1003.57(1)(e) FS.
LAW IMPLEMENTED: 1001.03, 1003.57, 1003.01, 1003.21, 1011.62 FS.

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

DATE AND TIME: December 12, 2006, 8:30 a.m.

PLACE: 400 South Monroe Street, Room LL03, The Capitol, Tallahassee, Florida 32399

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES 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 RULES IS:

6A-6.03013 Exceptional Student Education Eligibility Special Programs for Students Wwho Aare Deaf or Hard-of-Hearing.

(1) Definition. Students who are deaf or hard-of-hearing. A student who is deaf or hard-of-hearing has a hearing loss impairment aided or unaided, that impacts the interferes in processing of linguistic information and which adversely affects performance in the educational environment communication, developmental skills, academic achievement, vocational-career skills, or social-emotional adjustment. The degree of loss may range from mild to profound.

(2) Activities prior to referral. Prior to referral for evaluation, the requirements in subsections 6A-6.0331(1)-(3), F.A.C., must be met.

(3) Evaluation. In addition to the provisions of subsection 6A-6.0331(4), F.A.C., the evaluation for a student must also include the procedures identified in the district’s Policy and Procedures for the Provision of Specially Designed Instruction and Related Services for Exceptional Students as required by Rule 6A-6.03411, F.A.C.

(4)(2) Criteria for eligibility. A student who is deaf or hard-of-hearing is eligible for exceptional student education if the following criteria are met a special program for students who are deaf or hard-of-hearing if both criteria in paragraphs (2)(a) and (2)(b) of this rule are met.

(a) An audiological evaluation documents a Evidence of a documented permanent or fluctuating hearing threshold level that interferes with progress in any one (1) of the following areas: developmental skills or academic performance, social-emotional development, or linguistic and communicative skills as evidenced by of:

1. 25 decibel (dB) + dB ± 5 dB or greater based on pure tone average of average of 500, 1000, and 2000 Hz (re: ANSI, 1989) unaided in the better ear; or

2. A high frequency hearing threshold level of 25 dB ± 5 dB or greater based on pure tone average of 1000, 2000, and 3000 Hz (re: ANSI, 1989) unaided in the better ear; or

3. A unilateral hearing threshold level of 50 dB ± 5 dB or greater based on pure tone average of 500, 1000, and 2000 Hz (re:ANSI, 1989) unaided; or.

4. Auditory Evoked Potential responses evidencing permanent hearing loss at multiple frequencies equivalent to or in excess of the decibel hearing loss threshold criteria for pure tone audiometric testing specified in subparagraphs (4)(a)1.,2., and 3., above; and

(b) The student needs special education as defined in paragraph 6A-6.03411(1)(c), F.A.C. Evidence that the hearing threshold level interferes with progress in any one of the following areas: developmental skills or academic performance, social-emotional development, or linguistic and communicative skills, and that the student requires special education and/or related services in order to benefit from education.

(3) Procedures for student evaluation.

(a) Tests to determine cognitive functioning and learning abilities shall be selected from non-verbal performance scales standardized on, or adapted for, students who are deaf or hard-of-hearing. Evaluation of academic achievement and communication skills shall take into consideration the student’s intellectual functioning, degree of hearing loss and method of communication.

(b) The minimum evaluation shall include:

1. Audiological evaluation,

2. Evaluation of developmental skills or academic achievement, including information on the student’s academic strengths and weaknesses,

3. Evaluation of social development,

4. Evaluation of receptive and expressive communication, and

5. Individual assessment of intellectual functioning, or developmental scales if more appropriate for students under age seven (7).

(c) Re-evaluation shall occur at least every three (3) years and shall include a minimum of an audiological evaluation, and, if appropriate, any other formal evaluations addressed in the initial evaluation in accordance with subparagraph 6A-6.03411(2)(i)1., F.A.C.

(5)(d) A screening for Usher’s Syndrome shall be administered to each student who is deaf or hard-of-hearing at least once during grades 6-12.

(4) Instructional programs.

(a) The district shall implement a written course of study for the program, updated as necessary, with sufficient scope and depth needed for individual educational plans.

(b) Classes shall be taught by teachers using communication skills appropriate to meet individual needs of students. Each student who is deaf or hard-of-hearing shall have the opportunity to learn speech and to learn to use residual hearing through modern amplification equipment.

(c) Districts shall implement daily monitoring procedures for ensuring proper functioning of personal hearing aids and district auditory amplification equipment.

(d) The grouping of students who are deaf or hard-of-hearing for special and resource room classes shall facilitate each student’s development of appropriate methods of communication.

(5) Supportive services. The district shall have or purchase the services of professionals in the areas of audiology, school psychology, guidance, educational assessment, social services and interpreting. These services shall support the instructional program.

(6) Facilities and Equipment.

(a) The program shall be established in conjunction with a regular school appropriate to the age and grade level of students who are deaf or hard-of-hearing.

(b) Each special class and resource classroom shall be acoustically treated.

(c) Each special class and resource classroom shall have auditory amplification equipment available.

(d) Auditory equipment shall be calibrated annually, maintained, and considered for replacement on a five (5) year cycle.

(e) Visual alarm devices shall be provided in all areas where students who are deaf or hard-of-hearing may be separated from persons with normal hearing; i.e., group toilet rooms, corridors, specific areas designated for the deaf, etc., in accordance with paragraph 6A-2.088(6)(d), F.A.C.

(7) Continued eligibility. Students eligible for and enrolled in a special program for students who are deaf or hard-of-hearing prior to the effective date of this rule may continue in the special program and, as appropriate, subsequently be dismissed based on dismissal criteria contained in the approved Special Program and Procedures for Exceptional Students Document as provided in Rule 6A-6.03411, F.A.C.

(6) This rule shall become effective July 1, 2007.

Specific Authority 1001.02(1), 1003.57(1)(e) 229.053(1), 230.23(4)(m), 228.041(18) FS. Law Implemented 1001.03, 1003.57(1)(e), 1003.01(3), 1003.21(1), 1011.62 228.041(18), (19), 229.565(3)(b), (c), 230.23(4)(m), 232.01(1)(e), 236.081(1)(c) FS. History–New 7-1-77, Amended 9-11-84, Formerly 6A-6.3013, Amended 7-1-94, 7-1-07.

 

6A-6.030151 Exceptional Student Education Eligibility for Students Who Are Physically Impaired With Orthopedic Impairment.

(1) Definition. Orthopedic impairment means a severe skeletal, muscular, or neuromuscular impairment. The term includes impairments resulting from congenital anomalies (e.g. including but not limited to skeletal deformity or spina bifida), and impairments resulting from other causes (e.g., including but not limited to cerebral palsy or amputations).

(2) Activities prior to referral. Prior to referral for evaluation, the requirements in subsections 6A-6.0331(1)-(3), F.A.C., must be met.

(3) Evaluation. In addition to the provisions in paragraph 6A-6.0331(4), F.A.C., the evaluation for a student must also include the procedures identified in the district’s Policies and Procedures for the Provision of Specially Designed Instruction and Related Services as required by Rule 6A-6.03411, F.A.C.

(4) Criteria for eligibility. A student with an orthopedic impairment is eligible for exceptional student education, if the following criteria are met:

(a) Evidence of an orthopedic impairment that adversely affects the student’s performance in the educational environment in any of the following: ambulation, hand movement, coordination, or daily living skills, and

(b) The student needs special education as defined in paragraph 6A-6.03411(1)(c), F.A.C.

(5) This rule shall become effective July 1, 2007.

Specific Authority 1001.02(1), 1003.57(1)(e) FS. Law Implemented 1001.03, 1003.01(3), 1003.21(1), 1003.57(1)(e), 1011.62 FS. History– New 7-1-07.

 

6A-6.030152 Exceptional Student Education Eligibility for Students Who Are Physically Impaired With Other Health Impairment.

(1) Definition. Other health impairment means having limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that is due to chronic or acute health problems. This includes, but is not limited to, asthma, attention deficit disorder or attention deficit hyperactivity disorder, Tourette syndrome, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, and acquired brain injury.

(2) Activities prior to referral. Prior to referral for evaluation, the requirements in subsections 6A-6.0331(1)-(3), F.A.C., must be met.

(3) Evaluation. In addition to the provisions in subsection 6A.60331(4), F.A.C., the evaluation for a student must also include the procedures identified in the district’s Policies and Procedures for the Provision of Specially Designed Instruction and Related Services as required by Rule 6A-6.03411, F.A.C.

(4) Criteria for eligibility. A student with an other health impairment is eligible for exceptional student education if the following criteria are met:

(a) Evidence of an other health impairment that results in reduced efficiency in schoolwork and adversely affects the student’s performance in the educational environment, and

(b) The student needs special education as defined in paragraph 6A-6.03411(1)(c), F.A.C.

(5) This rule shall become effective July 1, 2007.

Specific Authority 1001.02(1), 1003.57(1)(e) FS. Law Implemented 1001.03, 1003.01(3), 1003.21(1), 1003.57(1)(e), 1011.62 FS. History– New 7-1-07.

 

6A-6.030153 Exceptional Student Education Eligibility for Students Who are Physically Impaired With Traumatic Brain Injury.

(1) Definition. A traumatic brain injury means an acquired injury to the brain caused by an external physical force resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects educational performance. The term applies to mild, moderate, or severe, open or closed head injuries resulting in impairments in one (1) or more areas such as cognition language, memory, attention, reasoning, abstract thinking, judgment, problem-solving, sensory, perceptual and motor abilities, psychosocial behavior, physical functions, information processing, or speech. The term includes anoxia due to trauma. The term does not include brain injuries that are congenital, degenerative, or induced by birth trauma.

(2) Activities prior to referral. Prior to referral for evaluation, the requirements in subsections 6A-6.0331(1)-(3), F.A.C., must be met.

(3) Evaluation. In addition to the provisions in subsection 6A.60331(4), F.A.C., the evaluation for a student must also include the procedures identified in the district’s Policies and Procedures for the Provision of Specially Designed Instruction and Related Services as required by Rule 6A-6.03411, F.A.C.

(4) Criteria for eligibility. A student with a traumatic brain injury is eligible for exceptional student education, if the following criteria are met:

(a) Evidence of a traumatic brain injury that impacts one or more of the areas identified in subsection (1) of this rule.

(b) The student needs special education as defined in paragraph 6A-6.03411(1)(c), F.A.C.

(5) This rule shall become effective July 1, 2007.

Specific Authority 1001.02(1), 1003.57(1)(e) FS. Law Implemented 1001.03, 1003.01(3), 1003.21(1), 1003.57(1)(e),1011.62 FS. History– New 7-1-07.

 

(Substantial rewording of Rule 6A-6.03016 follows. See Florida Administrative Code for present text.)

6A-6.03016 Exceptional Student Education Eligibility for Students With Emotional/Behavioral Disabilities Special Programs for Students Who Are Emotionally Handicapped.

(1) Definition. Students with an emotional/behavioral disability (E/BD). A student with an emotional/behavioral disability has persistent (is not sufficiently responsive to implemented evidenced based interventions) and consistent emotional or behavioral responses that adversely affect performance in the educational environment that cannot be attributed to age, culture, gender, or ethnicity.

(2) Activities prior to referral. Prior to referral for evaluation, the requirements in subsections 6A-6.0331(1)-(3), FAC., must be met.

(3) Evaluation. In addition to the provisions in subsection 6A-6.0331(4), F.A.C., the evaluation for a student must also include the procedures identified in the district’s Policies and Procedures for the Provision of Specially Designed Instruction and Related Services for Exceptional Students as required by Rule 6A-6.03411, F.A.C.

(4) Criteria for eligibility. A student with an emotional/behavioral disability must demonstrate an inability to maintain adequate performance in the educational environment that cannot be explained by physical, sensory, socio-cultural, developmental, medical, or health (with the exception of mental health) factors; and must demonstrate one or more of the following characteristics described in paragraph (4)(a) or (4)(b) of this rule and meet the requirements of paragraphs (4)(c) and (4)(d) of this rule:

(a) Internal factors characterized by:

1. Feelings of sadness, or frequent crying, or restlessness, or loss of interest in friends and/or school work, or mood swings, or erratic behavior; or

2. The presence of symptoms such as fears, phobias, or excessive worrying and anxiety regarding personal or school problems; or

3. Behaviors that result from thoughts and feelings that are inconsistent with actual events or circumstances, or difficulty maintaining normal thought processes, or excessive levels of withdrawal from persons or events; or

(b) External factors characterized by:

1. An inability to build or maintain satisfactory interpersonal relationships with peers, teachers, and other adults in the school setting; or

2. Behaviors that are chronic and disruptive such as noncompliance, verbal and/or physical aggression, and/or poorly developed social skills that are manifestations of feelings, symptoms, or behaviors as specified in subparagraph (4)(a)1-3. of this rule.

(c) The characteristics described in paragraph (4)(a) or (b) of this rule must be present for a minimum of six (6) months duration and in two (2) or more settings, including but not limited to, school, educational environment, transition to and/or from school, or home/community settings. At least one (1) setting must include school.

(d) The student needs special education as defined in paragraph 6A-6.03411(1)(c), F.A.C.

(e) In extraordinary circumstances, activities prior to referral for evaluation as described in subsection (2) of this rule and criteria for eligibility described in paragraph(4)(c) of this rule may be waived when immediate intervention is required to address an acute onset of an internal emotional/behavioral characteristic as listed in paragraph (4)(a) of this rule.

(5) Characteristics not indicative of a student with an emotional/behavioral disability:

(a) normal, temporary (less than six (6) months) reactions to life event(s) or crisis, or

(b) Emotional/behavioral difficulties that improve significantly from the presence of evidenced based implemented interventions, or

(c) Social maladjustment unless also found to have an emotional/behavioral disability.

(6) This rule shall become effective July 1, 2007.

Specific Authority 1001.02(1), 1003.57(1)(e) 229.053(1), 230.23(4)(m), 228.041(18) FS. Law Implemented 1001.03, 1003.57(1)(e), 1003.01(3), 1003.21(1), 1011.62 228.041(18), (19), 229.565(3)(b), (c), 230.23(4)(m), 236.081(1)(c) FS. History–New 7-1-77, Amended 10-23-79, 11-25-80, 1-6-83, 9-27-84, 3-10-85, Formerly 6A-6.3016, Amended 7-1-07.

 

(Substantial rewording of Rule 6A-6.03023 follows. See Florida Administrative Code for present text.)

6A-6.03023 Exceptional Student Education Eligibility Special Programs for Students With Autism Spectrum Disorder who are Autistic.

(1) Definition. Students with Autism Spectrum Disorder. Autism Spectrum Disorder is defined to be a range of pervasive developmental disorders that adversely affects a student's functioning and results in the need for specially designed instruction and related services. Autism Spectrum Disorder is characterized by an uneven developmental profile and a pattern of qualitative impairments in social interaction, communication, and the presence of restricted repetitive, and/or stereotyped patterns of behavior, interests, or activities. These characteristics may manifest in a variety of combinations and range from mild to severe. Autism Spectrum Disorder may include Autistic Disorder, Pervasive Developmental Disorder Not Otherwise Specified, Asperger Syndrome, or other related pervasive developmental disorders.

(2) Activities prior to referral. Prior to referral for evaluation the requirements in subsections 6A-6.0331(1)-(3), F.A.C., must be met.

(3) Evaluation. In addition to the procedures identified in subsection 6A-6.0331(4), F.A.C., the evaluation must also include the procedures identified in the district’s Policies and Procedures for the Provision of Specially Designed Instruction and Related Services for Exceptional Students as required by Rule 6A-6.03411, F.A.C.

(4) Criteria for eligibility. A student with Autism Spectrum Disorder is eligible for exceptional student education if all of the following criteria are met:

(a) Evidence of all of the following:

1. Uneven developmental profile as evidenced by inconsistencies across or within the domains of language, social interaction, adaptive behavior, and/or cognitive skills; and

2. Impairment in social interaction as evidenced by delayed, absent, or atypical ability to relate to people or the environment; and

3. Impairment in verbal and/or nonverbal language or social communication skills, and

4. Restricted repetitive, and/or stereotyped patterns of behavior, interests, or activities; and

(b) The student needs special education as defined in paragraph 6A-6.03411(1)(c), F.A.C.

(5) This rule shall become effective July 1, 2007.

Specific Authority 1001.02(1), 1003.57(1)(e) 229.053(1), 230.23(4)(m), 228.041(18), (19) FS. Law Implemented 1001.03, 1003.57(1)(e), 1003.01(3), 1003.21(1), 1011.62 228.041(19), (20) 229.565(2)(b), (c), 230.23(4)(m)4., 232.01(1)(f), 236.081(1)(c) FS. History–New 7-2-79, Formerly 6A-6.3023, Amended 7-1-07.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mary Jane Tappen, Deputy Chancellor for Student Achievement, Department of Education

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Cheri Yecke, Chancellor K-12 Education, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 9, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 18, 2005 and August 25, 2006