Exceptional Student Education Eligibility for Students Who Are Visually Impaired

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

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

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 50 No. 56, March 20, 2024 issue of the Florida Administrative Register.

In response to public comment, this rule is amended as follows:

 

(1) Definitions.

(a) Visual impairment including blindness: means aAny 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: means aAn individual who is certified in the area of visually impaired in accordance with Rule 6A-4.0178, Florida Administrative Code (F.A.C.).

(2) Eligibility determination. A full and individual evaluation must be conducted by a school district to identify a student with a visual impairment as eligible for exceptional student education and consider the individual needs of a student with a visual impairment when developing, reviewing, or revising an Individual Educational Plan (IEP) in accordance with Rules 6A-1.09401(1)(j), 6A-1.09414, 6A-6.03028, 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).

(3) Eligibility determination. For a student who has, or who is suspected of having, a visual impairment, evaluation for eligibility must include a medical report and three assessments as described in paragraphs (3)(b)-(d), unless one or more of the assessments is waived as provided in paragraph (3)(e).

(a) through (c) No change.

(d) Orientation and mobility screening. The district must conduct an orientation and mobility screening. An orientation and mobility screening considers the travel needs and abilities of the student in a variety of environments. The screening must be conducted by a person who holds an orientation and mobility certification or endorsement.

(e) Assessment waiver. If one of the assessments described in paragraphs (3)(b)-(3)(d) provides sufficient information to determine that a student with a visual impairment is eligible for exceptional student education, the other assessments must be waived for the purpose of determining eligibility. However, if the assessments were waived because they were not necessary to determine eligibility, the assessments that were waived must be completed during the IEP process.

(4)(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 (3)(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) No change.

(5) Once a student with a visual impairment is determined eligible for exceptional student education, the district must conduct the assessments and screening as described below.

(a) The district must conduct any assessment waived for the eligibility determination as provided in paragraph (3)(e).

(b) The district must conduct a special skills assessment. A special skills assessment evaluates skills aligned with content knowledge as described in Rule 6A-1.09401(1)(j), F.A.C. This assessment must be conducted by a teacher of the visually impaired.

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

(a) Critical Initiatives in Visual Impairment Project Florida State University (CIVI-FSU) Florida Instructional Materials Center for the Visually Impaired (FIMC-VI);

(b) Florida Division of Blind Services (DBS) Critical Initiatives in Visual Impairment Project Florida State University (CIVI-FSU);

(c) Florida Division of Vocational Rehabilitation (VR) Florida Low Vision Initiative (FLVI);

(d) Florida Instructional Materials Center for the Visually Impaired (FIMC-VI) Florida School for the Deaf and the Blind (FSDB);

(e) Florida Low Vision Initiative (FLVI) Florida Division of Blind Services (DBS); and

(f) Florida School for the Deaf and the Blind (FSDB) 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.