Notice of Development of Rulemaking

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO.: RULE TITLE:
6A-6.03022: Special Programs for Students who are Dual-Sensory Impaired
PURPOSE AND EFFECT: The purpose of the rule development is to ensure consistency with federal requirements, State Board of Education rules and current practice in the field.
SUBJECT AREA TO BE ADDRESSED: State requirements for programs for students with disabilities who are identified as dual-sensory impaired. Definitions, procedures for referral, procedures for student evaluation, criteria for eligibility, and re-evaluation will all be addressed.
RULEMAKING AUTHORITY: 1003.01, 1003.57, 1003.571 FS.
LAW IMPLEMENTED: 1003.01, 1003.57, 1003.571 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 15, 2012, 10:00 a.m.
PLACE: Via conference call: 1(866)372-5781, Conference ID# 34593309; Anyone wishing to attend in person: Department of Education, 325 West Gaines Street, Room 605, Tallahassee, Florida at the time provided.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Ms. Cathy Bishop, Interim Chief, Bureau of Exceptional Education and Student Services, 325 W. Gaines Street, Suite 614, Tallahassee, Florida 32399. Written comments will be accepted through February 28, 2012.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

(Substantial rewording of Rule 6A-6.03022 follows. See Florida Administrative Code for current text).

6A-6.03022 Exceptional Student Education Eligibility for Students with Dual-Sensory Impairments Special Programs for Students who are Dual-Sensory Impaired.

(1) Definitions.

(a) Dual-sensory impairment is defined to mean concomitant hearing and visual impairments, or an etiology or diagnosed medical condition that indicates a potential dual-sensory loss, the combination of which impacts communication, independence, and other developmental and educational needs.

(b) Functional blindness is defined to mean that the physical structures of the eye may be functioning, but the student does not attend to, examine, or utilize visual information. This may include cortical visual impairment.

(c) Functional hearing loss is defined to mean that parts of the auditory system may be functioning but the student does not attend to, respond, localize, or utilize auditory information. This may include cortical hearing impairment or auditory neuropathy/dyssynchrony.

(2) General education interventions and activities. Prior to referral for evaluation the requirements in subsection 6A-6.0331(1), F.A.C., must be met.

(3) Evaluation. In addition to the procedures identified in subsection 6A-6.0331(5), F.A.C., the minimum evaluation procedures for determining eligibility shall include all of the following:

(a) If available, a medical report from a licensed physician describing the etiology or diagnosis of the student’s medical condition that does, or has the potential to, result in dual-sensory loss;

(b) A medical eye examination by a licensed ophthalmologist or optometrist describing: etiology, diagnosis, treatment regimen, prognosis, near/distance, corrected/ uncorrected acuity measures for left eye, right eye, and both eyes, measure of field of vision, and recommendations for lighting levels, physical activity, aids, or use of glasses, as appropriate;

(c) An audiological evaluation; and

(d) A comprehensive assessment of skills known to be impacted by hearing and vision impairments, to include: functional hearing assessment, an assessment of social development, evaluation of receptive and expressive communication by a speech and language pathologist; functional vision evaluation; learning media assessment; and, if appropriate, orientation and mobility assessment.

(4) Criteria for eligibility. A student with a dual-sensory impairment is eligible for exceptional student education if either of the following criteria are met:

(a) In the circumstance when the student has a diagnosed medical condition with potential for dual-sensory loss:

1. A medical report from a licensed physician confirming the existence of such an etiology or diagnosis, its prognosis, and the potential for dual-sensory loss; and

2. The student needs special education as defined in Rules 6A-6.0331 and 6A-6.03411, F.A.C.;

(b) Vision and Hearing Impairment

1. The student meets criteria listed in Rule 6A-6.0314(4), F.A.C., or has functional blindness; and

2. The student meets criteria listed in Rule 6A-6.0313(4), F.A.C., or has functional hearing loss; and

3. The student needs special education as defined in Rules 6A-6.0331 and 6A-6.03411, F.A.C.

(5) Reevaluation shall occur at least every three (3) years and shall include at a minimum a comprehensive assessment of skills known to be impacted by hearing and vision impairments, to include: functional hearing assessment, an assessment of social development, evaluation of receptive and expressive communication by a speech and language pathologist; functional vision evaluation; learning media assessment; and, if appropriate, orientation and mobility assessment.

Rulemaking Authority 1003.01, 1003.57, 1003.571 FS. Law Implemented 1003.01, 1003.57, 1003.571 FS. History–New 7-2-79, Formerly 6A-6.3022, Amended 10-3-91, 12-15-09,________.