11676877, 6A-6.03026 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 11676877

Notice of Development of Rulemaking

Department:

DEPARTMENT OF EDUCATION

Division:

State Board of Education

Chapter:

SPECIAL PROGRAMS I

Overview

RULE:

6A-6.03026	Eligibility Criteria for Prekindergarten Children with Disabilities
6A-6.03030	Exceptional Student Education Eligibility for Infants or Toddlers Birth Through Two Years Old who have Established Conditions
6A-6.03031	Exceptional Student Education Eligibility for Infants and Toddlers Birth Through Two Years Old who are Developmentally Delayed

PURPOSE:

The purpose of this rule development is to revise Rule 6A-6.03026, F.A.C., for the purpose of conforming references and rule titles to revised rules and to remove obsolete and redundant language. The effect will be a rule that includes accurate references. Additionally the rule is being revised to clarify that an individual educational plan team may recommend that a child with a disability who is eligible for public kindergarten in accordance with Section 1003.21, Florida Statutes, may continue to receive services in the prekindergarten program for one additional year. While presently permitted in rule, there is no specific limitation with regard to the amount of time this is allowed. The draft language also stipulates that parent or guardian must be informed of the implications of remaining in the prekindergarten program for an additional year. The effect will be increased parental awareness and understanding of the implications of such a decision. Rules 6A-6.03030 and 6A-6.03031, F.A.C., are being revised to ensure that procedures and practices for evaluating and determining eligibility for infants and toddlers with established conditions and developmental delays conform to the requirements of the Department of Health Early Steps Program. The Department of Health is the lead agency for early intervention services provided to infants and toddlers with disabilities through Part C of the Individuals with Disabilities Education Act. In collaboration with Early Steps, school districts may provide early intervention services for eligible infants and toddlers with disabilities. The effect will be rules that align with the definitions and requirements of the Department of Health.

SUBJECT:

Criteria for eligibility as an infant or toddler with an established condition or developmental delay and definitions of a prekindergarten child with a disability and the instructional program.

RULEMAKING AUTHORITY:

1003.01, 1003.21, 1003.57 FS.

LAW:

1003.01, 1003.21, 1003.57 FS.

PRINT PUBLISH DATE:

7/6/2012 Vol. 38/27

RELATED STATUTES
AND LAWS:

1003.01, 1003.21, 1003.57 FS., 1003.01, 1003.21, 1003.57 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=6A-6.03026&PDate=7/6/2012&Section=1

REFERENCE MATERIALS:

No reference(s).

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