9285148, 6A-6.0331 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 9285148

Notice of Development of Rulemaking

Department:

DEPARTMENT OF EDUCATION

Division:

State Board of Education

Chapter:

SPECIAL PROGRAMS I

Overview

RULE:

6A-6.0331	General Education Intervention Procedures, Evaluation, Determination of Eligibility, Reevaluation and the Provision of Exceptional Student Education Services
6A-6.03312	Discipline Procedures for Students with Disabilities
6A-6.0333	Surrogate Parents
6A-6.0361	Contractual Agreements With Nonpublic Schools and Residential Facilities

PURPOSE:

The purpose of rule development for Rule 6A-6.0333, F.A.C., is to align the rule with Sections 39.0016(3)(b) and 1003.571, Florida Statutes, and the federal regulations at 34 CFR §300.519, regarding assignment of a surrogate parent to an eligible student with a disability, and to remove the requirement related to gifted students. The purpose of rule development for Rule 6A-6.03312, F.A.C., is to align the rule with Section 1003.571, Florida Statutes, and the federal regulations at 34 CFR §300.530(e)(1), regarding manifestation determinations. The purpose of rule development for Rule 6A-6.0331, F.A.C., is to update the rule to be consistent with current knowledge and practice in the field regarding the school district’s obligation to refer a student for evaluation as a student with a disability under certain circumstances and to correct a technical error regarding the requirement to reevaluate a student with a disability prior to dismissal from exceptional student education (ESE) services. The purpose of rule development for Rule 6A-6.0361, F.A.C., is to comply with the requirement in Section 1003.57(3)(d), Florida Statutes, that the Department of Education adopt by rule procedures for written notification to school districts regarding the placement of students with disabilities in private residential care facilities by the Department of Children and Family Services, the Agency for Persons with Disabilities, and the Agency for Health Care Administration; to incorporate services to children with disabilities, ages birth through two; and to update references and ensure accuracy of content.
Department of Education, Turlington Building, 325

SUBJECT:

Procedures for assigning a surrogate parent to an eligible student with a disability; the timeline for conducting a manifestation determination; the circumstances under which the school district must refer a student for evaluation as a student with a disability; the requirement to reevaluate a student prior to dismissal from ESE services; procedures for providing a free appropriate public education to students ages three through 21, or early intervention services to children birth through age two, through a contractual agreement with approved nonpublic schools or community facilities; and procedures for written notification to school districts regarding the placement of an exceptional student with a disability in a residential care facility.

RULEMAKING AUTHORITY:

1001.02(1), 1003.571 FS.

LAW:

39.0016; 1001.42(4)(l), 1003.57 FS.

PRINT PUBLISH DATE:

10/22/2010 Vol. 36/42

RELATED STATUTES
AND LAWS:

1001.02(1), 1003.571 FS., 39.0016; 1001.42(4)(l), 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-6.0331&PDate=10/22/2010&Section=1

REFERENCE MATERIALS:

No reference(s).

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