The purpose and effect of this rule amendment is to modify the methodology for identifying students with a visual impairment including blindness to more closely align with the Individuals with Disabilities Education Act.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.: RULE TITLE:

6A-6.03014: Exceptional Student Education Eligibility for Students Who Are Visually Impaired

PURPOSE AND EFFECT: The purpose and effect of this rule amendment is to modify the methodology for identifying students with a visual impairment including blindness to more closely align with the Individuals with Disabilities Education Act.

SUMMARY: The amendment broadens and defines visual impairment, describes the medical report and assessments that must be conducted to identify a student with a visual impairment who is eligible for exceptional student education and provides resources for students with visual impairments and their parents.

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

LAW IMPLEMENTED: 1001.02, 1003.57, 1003.571, F.S.

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

DATE AND TIME: April 17, 2024, 9 a.m.

PLACE: Tallahassee Community College, Student Union Ballroom, 444 Appleyard Dr., Tallahassee, FL 32304.

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.03014 Exceptional Student Education Eligibility and Assessment for Students with Visual Impairments Who Are Visually Impaired.

(1) Definitions. Students who are visually impaired include the following:

(a) Visual impairment including blindness: Any impairment in vision regardless of significance or severity that, even with correction, adversely affects the student’s educational performance. The term includes both partial sight and blindness, including ocular, brain-based and neurological disorders.

(b) Teacher of the visually impaired: An individual who is certified in the area of visually impaired in accordance with Rule 6A-4.0178, Florida Administrative Code (F.A.C.).

(a) A student who is blind, has no vision, or has little potential for using vision;

(b) A student who has low vision;

(c) A student who has a visual impairment after best correction that adversely affects the student’s educational performance; and,

(d) A student who has been diagnosed with a progressive condition that will most likely result in a visual impairment or no vision after best correction.

(2) Activities Prior to Referral. Prior to referral for evaluation, the requirements in Rule 6A-6.0331, F.A.C., must be met.

(2) (3) Eligibility determination. A full and individual evaluation must be conducted by a school district to identify and consider the individual needs of a student with a visual impairment in accordance with Rules 6A-1.09401, 6A-1.09414, 6A-6.0331, 6A-6.03028, and 6A-6.03411, F.A.C. For a student who has, or who is suspected of having, a visual impairment, this evaluation must include a medical report and two assessments as described in paragraphs (2)(a)-(c). Procedures for student evaluation.

(a) Medical report. A medical report must include a diagnosis or provide information about a student’s visual impairment. This medical report must be provided by a licensed ophthalmologist, optometrist, or neurologist. The minimum procedures necessary for determining eligibility shall include:

1. A medical eye examination describing: etiology, diagnosis, treatment regimen, prognosis, near/distance, corrected/uncorrected acuity measures for left eye, right eye and both eyes, measure of field of vision, and recommendations for lighting levels, physical activity, aids, prescribed low-vision aids, or use of glasses or contact lenses, as appropriate. For students who are otherwise unable to be assessed, a medical assessment describing visual functioning shall be documented when standard visual acuities and measure of field of vision are unattainable; and,

2. A comprehensive assessment of skills known to be impacted by visual impairment, which shall include, but is not limited to:

(b) a. Functional vision assessment. A functional vision assessment considers the student’s performance of daily tasks across a variety of natural environments to determine factors that influence visual access.  This assessment must be conducted by a teacher of the visually impaired. evaluation that includes an assessment of skills known to be impacted by vision impairment that are aligned with the special skills referenced in Rule 6A-1.09401, F.A.C., and include assistive technology, compensatory skills, career education, recreation and leisure, sensory efficiency, self-determination, social skills, and independent-living skills,

(c) b. Learning media assessment. A learning media assessment; and, considers and compares learning and literacy media in order to provide recommendations about which visual, tactual, and auditory learning media are appropriate for the student. These recommendations must consider the use of braille in accordance with the requirements of Rule 6A-6.03028(3)(g)8., F.A.C. This assessment must be conducted by a teacher of the visually impaired.

c. An orientation and mobility screening.

(b) Reevaluation shall occur at least every three (3) years and shall include a minimum of a medical eye examination within the last calendar year; a comprehensive assessment of skills known to be impacted by visual impairment as required for determining initial eligibility; and, if appropriate, any other formal evaluations addressed in the initial evaluation in accordance with Rule 6A-6.0331, F.A.C. The medical aspect of a reevaluation for students with bilateral anopthalmia may be waived by a written recommendation of a physician.

(3) Reevaluation. Reevaluation of students with visual impairment must comply with Rule 6A-6.0331(7), F.A.C., and, in addition, the reevaluation must include:  

(a) A medical report as referenced in paragraph (2)(a), unless a medical report is waived by the student’s individual educational plan (IEP) team if the team finds that there is no suspected change in visual functioning, or if the team is provided a physician’s written recommendation to waive the medical report for students with bilateral anophthalmia; and

(b) An evaluation of skills known to be impacted by visual impairment as required for determining initial eligibility.

(4) Criteria for eligibility. A student is eligible for special education and related services if the following medical and educational criteria are met:

(a) Medical. A licensed ophthalmologist or optometrist has documented an eye condition that causes an impairment as manifested by at least one of the following:

1. A visual acuity of 20/70 or less in the better eye after best possible correction,

2. A peripheral field so constricted that it affects the student’s ability to function in an educational setting,

3. A diagnosis of visual impairment after best correction, or

4. A progressive loss of vision that may affect the student’s ability to function in an educational setting.

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

(4) (5) Supportive services. The district must make available referral forms, links, and technical support contacts for services to students and parents. These resources include:

(a) Florida Instructional Materials Center for the Visually Impaired (FIMC-VI); The district shall make available the professional services needed to support the program. This shall include registration of all students who are visually impaired for services from the Florida Instructional Materials Center for the Visually Impaired.

(b) Critical Initiatives in Visual Impairment Project Florida State University (CIVI-FSU); Other support services may include, but are not limited to:

1. Provision of specialized textbooks, learning materials, assessment materials, and equipment; and,

2. Cooperative planning with the Division of Blind Services, including parent involvement activities.

(c) Florida Low Vision Initiative (FLVI);

(d) Florida School for the Deaf and the Blind (FSDB);

(e) Florida Division of Blind Services (DBS); and

(f) Florida Division of Vocational Rehabilitation (VR).

(5) Once a student is determined eligible for exceptional student education the district must conduct an orientation and mobility assessment. An orientation and mobility assessment considers the travel needs and abilities of the student in a variety of environments. This assessment may be waived by the student’s IEP if the team determines that an orientation and mobility assessment is unnecessary or inappropriate for the student. This assessment must be conducted by a teacher who holds an orientation and mobility endorsement in accordance with Rule 6A-4.01794, F.A.C.

Rulemaking Authority 1001.02, 1001.42(4)(l), 1003.01(3)(a), (b), 1003.57 FS. Law Implemented 1001.02, 1003.57, 1011.62(1)(c) FS. History–New 7-1-77, Amended 7-13-83, Formerly 6A-6.3014, Amended 2-12-91, 3-1-08, 8-23-17,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Alice Schmitges, Bureau of Exceptional Student Education

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 18, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 19, 2024