9542974, 6A-6.03312 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 9542974

Notice of Proposed Rule

Department:

DEPARTMENT OF EDUCATION

Division:

State Board of Education

Chapter:

SPECIAL PROGRAMS I

Overview

RULE:

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:

Rule 6A-6.03312, F.A.C., is amended to align the rule with Section 1003.571, Florida Statutes, and the federal regulations at 34 CFR §300.530(e)(1). Rule 6A-6.0333, F.A.C., is amended 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. Rule 6A-6.0361, F.A.C., is amended to comply with the requirement in Section 1003.57(3)(d), Florida Statutes, that the Department of Education adopt by rule procedures related to residential placement of students with disabilities and to update references, including services to infants and toddlers. The effect of all proposed amendments is to ensure consistency between Florida statute and federal regulations.

SUMMARY:

The proposed revision to Rule 6A-6.03012, F.A.C., establishes ten school days as the timeline for school districts to conduct manifestation determinations. The proposed revision to Rule 6A-6.0333, F.A.C., establishes the timeline, procedures, and training requirements for assigning a surrogate parent to an eligible student with a disability and removes the requirements with regard to gifted students. The proposed revision to Rule 6A-6.0361, F.A.C., establishes 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; incorporates services to children with disabilities, ages birth through two; and update references to ensure accuracy of content.

RULEMAKING AUTHORITY:

1001.02(1), 1001.42, 1003.571 FS.

LAW:

39.0016, 1001.42, 1003.57(3), 1003.571, 1003.58, 1011.62 FS.

PRINT PUBLISH DATE:

1/14/2011 Vol. 37/02

COMMENTS:

From 1/14/2011 To 2/4/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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