Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO.: RULE TITLE:
6A-6.03024: Special Programs for Exceptional Students who Require Physical Therapy
PURPOSE AND EFFECT: The purpose of this amendment is to address requirements related to both occupational therapy and physical therapy. Rule 6A-6.03024, F.A.C., has been substantially reworded to incorporate requirements related to both occupational therapy and physical therapy currently found in Rules 6A-6.03024 and 6A-6.03025, F.A.C., Special Programs for Exceptional Students who Require Occupational Therapy. The effect will be a rule that updates terminology to clarify that occupational therapy and physical therapy are related services and not special programs and update definitions and revise language to clarify the provision of occupational therapy and physical therapy related to assessment, determination of educational need, and plan of treatment.
SUMMARY: The proposed rule revision deletes lengthy descriptions that are not consistent with the Occupational Therapy Practice Act (Part III, Chapter 468, Florida Statutes) and the Physical Therapy Practice Act (Chapter 486, Florida Statutes). The proposed rule defines occupational and physical therapy as services provided by a licensed therapist or assistant pursuant to the respective Practice Acts. A definition of “related service provider” was added to rule language to identify that occupational or physical therapists are responsible for the assessment and provision of school-based occupational or physical therapy as a related service as defined in Section 1003.01(3)(b), Florida Statutes, and Rule 6A-6.03411, F.A.C. The proposed rule removes reference to “criteria for eligibility.” The proposed rule is consistent with the respective Practice Acts and states that assessments shall be conducted by the related service provider prior to the provision of occupational or physical therapy. The proposed rule removes “procedures for student evaluation” and includes references to rules already in place regarding individual educational plans (IEPs), educational plans (EPs) and individualized family support plans (IFSPs). It also clarifies that assessments by the related service provider have to be conducted before the determination is made that there is an educational need for a related service. The requirement for a medical prescription is removed from the proposed rule. The proposed rule removes language related to the annual assessment of “student progress.” Instead, the proposed rule includes the requirement that input from the related service provider is required to assist the IEP, EP, or IFSP team when the educational need for therapy as a related service is being determined, and when an IEP, EP, or IFSP for a student who is receiving occupational therapy or physical therapy is reviewed. The proposed rule references the Practice Acts with regard to plan of treatment requirements.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: 1) no requirement for SERC was triggered under Section 120.541(1), Florida Statutes, and; 2) based on past experiences with rules of this nature, the adverse impact or regulatory cost, if any, do not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), Florida Statutes.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 1001.02, 1003.01(3), 1003.57, 1003.571 FS.
LAW IMPLEMENTED: 1001.02, 1003.01(3), 1003.57, 1003.571 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: July 17, 2012, 8:00 a.m.
PLACE: Broward College, Fort Lauderdale, FL 33301
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Pam Stewart, Chancellor, Division of Public Schools, 325 West Gaines Street, Room 1502, Tallahassee, Florida 32399

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewording of Rule 6A-6.03024 follows. See Florida Administrative Code for present text.)

6A-6.03024 Provision of Occupational or Physical Therapy to Special Programs for Exceptional Students as a Related Service who Require Physical Therapy.

(1) Definitions.

(a) Occupational therapy is defined to mean services provided by a licensed occupational therapist or a licensed occupational therapy assistant pursuant to the provisions of the Occupational Therapy Practice Act found in Part III, Chapter 468, Florida Statutes, and sub-subparagraph 6A-6.03411(1)(dd)3.f., F.A.C.

(b) Physical therapy is defined to mean services provided by a licensed physical therapist or a licensed physical therapist assistant pursuant to the provisions of the Physical Therapy Practice Act found in Chapter 486, Florida Statutes., and sub-subparagraph 6A-6.03411(1)(dd)3.i., F.A.C.

(c) Related service provider is defined to mean the licensed occupational or physical therapist responsible for the assessment and provision of school-based occupational or physical therapy as a related service as defined in Section 1003.01(3)(b), Florida Statutes, and subparagraph 6A-6.03411(1)(dd)3., F.A.C.

(2) Assessments. Assessments as defined in Section 468.203 or 486.201, Florida Statutes, shall be conducted by the related service provider prior to the provision of occupational or physical therapy.

(3) Determination of need for occupational or physical therapy. The individual educational plan (IEP) team in accordance with Rule 6A-6.03028, F.A.C., the educational plan (EP) team in accordance with Rule 6A-6.030191, F.A.C., or the individualized family support plan (IFSP) team, in accordance with Rule 6A-6.03029, F.A.C., shall review assessments conducted by the related service provider and all other relevant data to determine if occupational or physical therapy services are needed to assist a student to benefit from specially designed instruction.

(4) Provision of input to planning teams. The licensed therapist or licensed assistant shall provide input to assist the IEP, EP, or IFSP team when the educational need for occupational or physical therapy as a related service is being determined, and when an IEP, EP, or IFSP for a student who is receiving occupational or physical therapy as a related service is being reviewed by the IEP, EP, or IFSP team.

(5) Plan of treatment. Once the educational need for occupational or physical therapy has been determined in accordance with the provisions of this rule, a plan of treatment as referenced in Section 468.203 or 486.021, Florida Statutes, and the corresponding requirement found Rule 64B17-6.001, F.A.C., shall be developed. The plan of treatment may be included as a part of the IEP, EP, or IFSP.

Rulemaking Specific Authority 1001.02 1000.01, 1001.42(4)(1), 1003.01(3), 1003.57, 1003.571 FS.. Law Implemented 1003.01(3), 1003.57, 1003.571 1000.01, 1001.42(4)(1), 1003.21, 1011.62 FS. History–New 11-25-80, Amended 2-4-81, Formerly 6A-6.3024, Amended 2-12-91, 9-30-96,__________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Pam Stewart, Chancellor, Division of Public Schools
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerard Robinson, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 5, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 12, 2011