13459155, 6A-6.03028 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 13459155

Notice of Development of Rulemaking

Department:

DEPARTMENT OF EDUCATION

Division:

State Board of Education

Chapter:

SPECIAL PROGRAMS I

Overview

RULE:

6A-6.03028	Provision of Free Appropriate Public Education (FAPE) and Development of Individual Educational Plans for Students with Disabilities
6A-6.0331	General Education Intervention Procedures, Evaluation, Determination of Eligibility, Reevaluation and the Provision of Exceptional Student Education Services
6A-6.03311	Procedural Safeguards and Due Process Procedures for Parents and Students with Disabilities

PURPOSE:

The purpose of this rule development is to revise Rules 6A-6.03028, 6A-6.0331 and 6A-6.03311, FAC., to conform with statutory changes and newly-created statutes enacted by the 2013 Florida Legislature. Rule 6A-6.03028, FAC., is being revised to reflect requirements resulting from the creation of Section 1003.5715, Florida Statutes, regarding additional requirements for parental notification for specific meetings. Revision is also necessary due to an amendment to Section 1003.55, Florida Statutes, which requires that a Model Communication Plan be used during the development of an individual educational plan (IEP) for a student who is deaf or hard of hearing (DHH) or dual-sensory impaired (DSI). The effects of such revisions will be to provide more specific parental notification requirements for specific IEP team meetings and increase consistency in how the communication needs of students who are DHH or DSI are addressed. Rule 6A-6.0331, FAC., is being revised to include the consent provisions specified in the newly-created Section 1003.5715, Florida Statutes, and to add clarification regarding actions required prior to an evaluation within a multi-tiered system of supports. An additional revision of this rule includes references to “exceptional student education (ESE)” in lieu of “special education and related services” in order to ensure the inclusion of gifted education and provide consistency with other state requirements. The effects of these provisions will be increased parental rights regarding students’ participation in Access Points curriculum, the Florida Alternate Assessment, and placement in ESE center schools. Revisions to Rule 6A-6.03311, FAC., are required in accordance with the newly-created Section 1008.212, Florida Statutes, regarding extraordinary exemptions from statewide assessment. The effects of these revisions will be the inclusion of specific information related to the superintendent’s recommendation to the Commissioner of Education for extraordinary exemptions and applicable due process hearing procedures in the event the Commissioner denies a request for an extraordinary exemption from participation in a state assessment.

SUBJECT:

IEP development, parental notice, and consent requirements related to students’ participation in Access Points curriculum, the Florida Alternate Assessment, and placement in an ESE center school; and a Model Communication Plan to be used during the development of an IEP for a student who is DHH or DSI.

RULEMAKING AUTHORITY:

1003.428, 1003.55, 1003.57, 1003.571, 1003.5715, Florida Statutes.

LAW:

1003.428, 1003.55, 1003.57, 1003.5715, 1008.212, Florida Statutes.

PRINT PUBLISH DATE:

8/30/2013 Vol. 39/170

RELATED STATUTES
AND LAWS:

1003.428, 1003.55, 1003.57, 1003.571, 1003.5715, Florida Statutes., 1003.428, 1003.55, 1003.57, 1003.5715, 1008.212, Florida Statutes.

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-6.03028&PDate=8/30/2013&Section=1

REFERENCE MATERIALS:

No reference(s).

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