13713877, 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: 13713877

Notice of Proposed Rule

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:

: These rules are revised in order to conform to statutory changes enacted by the 2013 legislature and, in addition, a revision to the implementing regulations of the Individuals with Disabilities Education Act (IDEA) impacting Rule 6A-6.03028, F.A.C. The effects include: revised procedures with regard to individual educational plan meeting notices for some IEP meetings (6A-6.03028); adoption of a Model Communication Plan to be used during the IEP meetings conducted for students who are deaf, hard of hearing or dual sensory impaired (6A-6.03028) to inform IEP planning for instructional needs; provision of notice to parents regarding nonparticipation in the state assessment (6A-6.03028); revised procedures with regard to parent consent and notice when a school district accesses public insurance or benefits for a student with disabilities (6A-6.03028); updated language regarding multi-tiered system of support (6A-6.0331); timely action to obtain consent when a parent suspects that their child has a disability and the parent requests an evaluation (6A-6.0331); an expansion of parental rights with regard to the provision of consent for instruction in access points curriculum, participation in the Florida Alternate Assessment, or placement in an ESE center school and the creation of state adopted forms for the purpose of obtaining consent (6A-6.0331); an expansion of the circumstances with a notice of procedural safeguards must be provided to the parent (6A-6.03311); extending the provisions of resolution of formal complaints to include alleged violations of state requirements regarding the education of students with disabilities (6A-6.03311); the revision of language regarding matters subject to a due process hearing (6A-6.03311); and the establishment of a provision for a parent to request an expedited due process hearing in the event that the Commissioner of Education denies a request for an extraordinary exemption from participation in a statewide assessment.

SUMMARY:

With regard to proposed Rule 6A-6.03028, F.A.C., a requirement is added related to parent notification of an IEP team meeting. If the IEP team meeting is convened for the purpose of reviewing or changing the student’s IEP as it relates to participation in access points curriculum, the Florida Alternate Assessment, or placement in an ESE center school, the school must provide notice to the parent at least ten days prior to the meeting.  The meeting can be convened prior to the tenth day if the parent agrees following receipt of the written notice. The proposed rule requires the use of the Model Communication Plan during an IEP meeting for students who are deaf, hard of hearing, or dual sensory impaired. Use of this plan will ensure that IEP teams are considering the instructional needs of these students in a more comprehensive manner. The form must be adopted in rule and made available to school districts no later than December 31, 2013. As required by law, the plan proposed was developed in coordination with the Florida School for the Deaf and the Blind, and with the input of other stakeholders.  Clarification is provided that parents must be informed of the implications of nonparticipation in the statewide assessment if an extraordinary exemption in accordance with Section 1008.212, Florida Statutes, is granted. Provisions related to obtaining consent and providing notice regarding the use of public benefits and insurance are revised.  Requirements for the content of the parent notice are stipulated and consent must be obtained prior to accessing such benefits for the first time.  Notice must be provided prior to accessing benefits for the first time and annually thereafter. With regard to proposed Rule 6A-6.0331, F.A.C., provisions related to parent consent are revised as specified in the newly created Section 1003.5715, Florida Statutes, Parental consent; individual education plan, and clarification is added regarding actions required prior to an evaluation within a multi-tiered system of supports. The revision also updates references to “exceptional student education (ESE)” and “special education and related services” in order to ensure the inclusion of gifted education as applicable and provide consistency with other state requirements. Other key provisions include: the updating of language regarding multi-tiered system of support and data-based problem solving; establishment of a timeline (20 school days) for obtaining parental consent when a parent suspects that their child has a disability and requests that an evaluation be conducted; increased parental rights regarding a child’s participation in access points curriculum, the Florida Alternate Assessment, and placement in an ESE center school; and, adoption of forms by the Department of Education that must be used to obtain parental consent for the actions described above. With regard to proposed Rule 6A-6.03311, F.A.C., Procedural Safeguards and Due Process Procedures for Parents and Students with Disabilities, upon a school district superintendent’s recommendation to the commissioner of education that an extraordinary exemption for a given state assessment be granted or denied, a parent must be given a copy of their procedural safeguards. The Department of Education will provide parents and other interested persons the opportunity to resolve complaints that a school district has violated state requirements related to the education of students with disabilities. Currently, this rule solely addresses violations of the Individuals with Disabilities Education Act (IDEA). A due process hearing request may be made by a parent or school district for a matter relating to an eligibility determination in addition to the current provisions for hearings related to identification, evaluation, educational placement of the student, or the provision of a free appropriate public education.  In accordance with the provisions of Section 1008.212, Florida Statutes, if the commissioner denies an extraordinary exemption from participation in a statewide assessment, a parent may request an expedited due process hearing. If requested, the Department of Education must inform the parent of any free or low cost legal services, and must arrange the hearing with the Division of Administrative Hearings.  This hearing must begin within 20 school days following receipt of the request and the administrative law judge must make a determination within 10 school days after the completed hearing.

RULEMAKING AUTHORITY:

1003.01, 1003.55, 1003.57, 1003.571, 1003.5715, 1008.212, 1008.22, Florida Statutes.

LAW:

1003.01, 1003.55, 1003.57, 1003.571, 1003.5715, 1008.212, 1008.22, Florida Statutes.

PRINT PUBLISH DATE:

10/22/2013 Vol. 39/206

COMMENTS:

From 10/22/2013 To 11/12/2013 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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