Florida Administrative Weekly

Volume 29, Number 37, September 12, 2003

Section I

Notices of Development of Proposed Rules

and Negotiated Rulemaking

DEPARTMENT OF EDUCATION

State Board of Education

RULE TITLES:

RULE NOS.:

Development of Educational Plans for

Exceptional Students Who are Gifted 6A-6.030191

Specially Designed Instruction for Students

Who Are Homebound or Hospitalized 6A-6.03020

Development of Individual Educational Plans

for Students with Disabilities

6A-6.03028

Development of Services Plans for Students

with Disabilities Enrolled in Private School

by their Parents and Provided with Specially

Designed Instruction and Related

Services by the Local School Board 6A-6.030281

Development of Family Support Plans for

Children with Disabilities Ages Birth

through Five Years

6A-6.03029

Procedural Safeguards for Children with

Disabilities Ages Birth through Two Years 6A-6.03032

Identification and Determination of Eligibility

of Exceptional Students for

Specially Designed Instruction

6A-6.0331

Procedural Safeguards for Students

with Disabilities

6A-6.03311

Discipline Procedures for Students

with Disabilities

6A-6.03312

Procedural Safeguards for Exceptional

Students Who Are Gifted

6A-6.03313

Procedural Safeguards for Students with

Disabilities Enrolled in Private

Schools by Their Parents

6A-6.03314

Policies and Procedures for the Provision

of Specially Designed Instruction and

Related Services for Exceptional Students 6A-6.03411

PURPOSE AND EFFECT: The purpose of this rule

development is to propose revisions to existing rules and make

recommendations for new rules to incorporate the revisions

required for programs for students with disabilities by the

amendments to the federal law, the Individuals with

Disabilities Education Act, and its implementing regulations.

The effect of the amended and new rules will be consistency

with the federal requirements in a more consumer-friendly

manner.

SUBJECT AREA TO BE ADDRESSED: Federal

requirements for programs for students with disabilities and

state requirements for programs for students who are gifted,

including procedures for identification, evaluation,

determination of eligibility, development of individual plans,

and reevaluation, discipline, and the accompanying procedural

safeguards. Rules address policies and procedures for the

Provision of Specially Designed Instruction and Related

Services for Exceptional Students.

SPECIFIC AUTHORITY: 1001.02(1), 1003.57(5) FS.

LAW IMPLEMENTED: 1001.03, 1002.38, 1003.57(5),

1003.01(3), 1011.62(1)(c) FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD

AT THE TIMES, DATES AND PLACES SHOWN BELOW:

TIMES AND DATE: 1:00 p.m. – 3:00 p.m.; 6:00 p.m. – 8:00

p.m., October 1, 2003

PLACE: Manhattan Center-Media Center, 4210 W. Bay Villa

Avenue, Tampa, Florida

TIMES AND DATE: 1:00 p.m. – 3:00 p.m.; 6:00 p.m. – 8:00

PLACE: Seminole County School Board Room, 400 E. Lake

Mary Blvd., Sanford, Florida

TIMES AND DATE: 1:00 p.m. – 3:00 p.m.; 6:00 p.m. – 8:00

p.m., October 7, 2003

PLACE: Aquilina Howell Center, District Office Building,

3955 W. Pensacola Street, Tallahassee, Florida

TIMES AND DATE: 1:00 p.m. – 3:00 p.m.; 6:00 p.m. – 8:00

p.m., October 9, 2003

PLACE: K.C. Wright Administration Building, 600 S. E. 3rd

Avenue, Ft. Lauderdale, Florida

TIMES AND DATE: 1:00 p.m. – 3:00 p.m.; 6:00 p.m. – 8:00

p.m., October 9, 2003

PLACE: Duval County School Board Room, 1701 Prudential

Drive, Jacksonville, Florida

THE PERSON TO BE CONTACTED REGARDING THE

PROPOSED RULE DEVELOPMENT IS: Shan Goff, Chief,

Bureau of Instructional Support and Community Service,

Florida Department of Education, 325 West Gaines Street,

Room 614, Tallahassee, Florida 32399-0400, (850)245-0475

THE PRELIMINARY TEXT OF THE PROPOSED RULE

DEVELOPMENT IS:

6A-6.030191 Development of Educational Plans for

Exceptional Students who are Gifted.

Educational Plans (EPs) are developed for students identified

solely as gifted. Parents are partners with schools and school

district personnel in developing, reviewing, and revising the

educational plan (EP) for their child. Procedures for the

development of the EPs for exceptional students who are

gifted, including procedures for parental involvement, shall be

set forth in each district’s Policies and Procedures for the

Provision of Specially Designed Instruction and Related

Services to Exceptional Students document and shall be

consistent with the following requirements.

(1) Role of parents. The role of parents in developing EPs

includes:

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Volume 29, Number 37, September 12, 2003

(a) Providing critical information regarding the strengths

of their child;

(b) Expressing their concerns for enhancing the education

of their child so that they receive a free appropriate public

education;

(c) Participating in discussions about the child’s need for

specially designed instruction;

(d) Participating in deciding how the child will be

involved and progress in the general curriculum; and

(e) Participating in the determination of what services the

school district will provide to the child and in what setting.

(2) Parent participation. Each school board shall establish

procedures which shall provide for parents to participate in

decisions concerning the EP. Such procedures shall include the

following:

(a) Each district shall take the following steps to ensure

that one (1) or both of the parents of a student who is gifted is

present or is afforded the opportunity to participate at each EP

meeting:

1. Notifying parents of the meeting early enough to ensure

that they will have an opportunity to attend; and

2. Scheduling the meeting at a mutually agreed on time

and place.

(b) A written notice to the parents must indicate the

purpose, time, location of the meeting, and who, by title and or

position, will be attending. The notice must also include a

statement informing the parents that they have the right to

invite an individual with special knowledge or expertise about

their child.

(c) If neither parent can attend, the school district shall use

other methods to ensure parent participation, including

individual or conference telephone calls.

(d) A meeting may be conducted without a parent in

attendance if the school district is unable to obtain the

attendance of the parents. In this case, the district must have a

record of its attempts to arrange a mutually agreed on time and

place such as:

1. Detailed records of telephone calls made or attempted

and the results of those calls;

2. Copies of correspondence sent to the parents and any

responses received; or

3. Detailed records of visits made to the parents’ home or

place of employment and the results of those visits.

(e) The district shall take whatever action is necessary to

ensure that the parents understand the proceedings at an EP

meeting, which may include arranging for an interpreter for

parents and students who are deaf or whose native language is

a language other than English.

(f) The district shall give the parents a copy of the EP at no

cost to the parents.

(3) Educational plan (EP) team participants. The EP team

shall include the following participants:

(a) The parents of the student in accordance with

subsection (2) of this rule;

(b) One regular education teacher of the student who, to

the extent appropriate, is involved in the development and

review of a student’s EP. Involvement may be the provision of

written documentation of a student’s strengths and needs.

(c) At least one teacher of the gifted program;

(d) A representative of the school district who is qualified

to provide or supervise the provision of specially designed

instruction to meet the unique needs of students who are gifted,

is knowledgeable about the general curriculum, and is

knowledgeable about the availability of resources of the school

district. At the discretion of the school district, one of the

student’s teachers may be designated to also serve as the

representative of the school district;

(e) An individual who can interpret the instructional

implications of evaluation results who may be a member of the

team as described in paragraphs (3)(b)-(d) of this rule;

(f) At the discretion of the parent or the school district,

other individuals who have knowledge or special expertise

regarding the student. The determination of knowledge or

special expertise of any individual shall be made by the party

who invites the individual to be a member of the EP team; and

(g) The student, as appropriate.

(4) Contents of Educational Plans (EPs). EPs for students

who are gifted must include:

(a) A statement of the student’s present levels of

performance which may include, but is not limited to, the

student’s strengths and interests, the student’s needs beyond

the general curriculum, results of the student’s performance on

state and district assessments, and evaluation results;

(b) A statement of goals, including benchmarks or short

term objectives;

(c) A statement of the specially designed instruction to be

provided to the student;

(d) A statement of how the student’s progress toward the

goals will be measured and reported to parents; and

(e) The projected date for the beginning of services, and

the anticipated frequency, location, and duration of those

services;

(5) Considerations in EP development, review and

revision. The EP team shall consider the following:

(a) The strengths of the student and needs resulting from

the student’s giftedness.

(b) The results of recent evaluations, including class work

and state district assessments.

(c) In the case of a student with limited English

proficiency, the language needs of the student as they relate to

the EP.

(6) Timelines. Timelines for EP meetings for students who

are gifted shall include the following:

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Volume 29, Number 37, September 12, 2003

(a) An EP must be in effect at the beginning of each school

year.

(b) An EP shall be developed within thirty (30) calendar

days following the determination of eligibility for specially

designed instruction and shall be in effect before the provision

of these services.

(c) Meetings shall be held to develop and revise the EP at

least every three (3) years for students in grades K-8 and at

least every four (4) years for students in grades 9-12. EPs may

be reviewed more frequently as needed, such as when the

student transitions from elementary to middle school and

middle to high school.

(7) EP Implementation. An EP must be in effect before

specially designed instruction is provided to an eligible student

and is implemented as soon as possible following the EP

meeting.

(a) The EP shall be accessible to each of the student’s

teachers who are responsible for the implementation.

(b) Each teacher of the student shall be informed of

specific responsibilities related to implementing the student’s

EP.

Specific Authority 1001.02(1), 1001.42(4)(l) FS. Law Implemented

1003.01(3)(a)-(b), 1001.42(4)(l), 1011.62(1)(c), 1001.03(8) FS. History–New

________.

6A-6.03020 Specially Designed Instruction for Special

Programs for Students Who are Homebound or Hospitalized.

(1) Homebound or hospitalized. A homebound or

hospitalized student is a student who has a medically

diagnosed physical or psychiatric mental condition which is

acute or catastrophic in nature, or a chronic illness, or a

repeated intermittent illness due to a persisting medical

problem and which confines the student to home or hospital,

and restricts whose activities are restricted for an extended

period of time. The medical diagnosis shall be made by a

licensed physician.

(2) The term licensed physician, as used in this rule, is

defined in Chapters 458 and 459, Florida Statutes, and Rule

6A-6.03020, FAC., is one who is qualified to assess the

student’s physical or mental condition.

(3) Criteria for eligibility. A student, who is homebound or

hospitalized,

is eligible for specially designed instruction

special programs for homebound or hospitalized if the

following criteria are met:

(a) A Certification by a licensed physician(s) must certify

that the student: as specified in Rule 6A-6.03020(2), FAC.,

1. Is that the student is expected to be absent from school

due to a physical or mental condition for at least fifteen (15)

consecutive school days, or the equivalent on a block schedule,

or due to a chronic condition, for at least fifteen (15) school

days, or the equivalent on a block schedule, which need not run

consecutively;,

2. Is confined to home or hospital; and

3. Will will be able to participate in and benefit from an

instructional program; and

(b) Student is Is under medical care for illness or injury

which is acute, or catastrophic, or chronic in nature; and

(c) Certification by a licensed physician as specified in

Rule 6A-6.03020(2), FAC., that the student can Can receive an

instructional services program without endangering the health

and safety of the instructor or other students with whom the

instructor may come in contact.; and

(2)(d) The student is five (5) years of age or older and

Student is enrolled in a public school prior to the referral for

the homebound or hospitalized services or program, unless the

student meets criteria for eligibility under Rules 6A-6.03011,

6A-6.03012, 6A-6.03013, 6A-6.03014, 6A-6.03015,

6A-6.03016, 6A-6.03018, 6A-6.03019, 6A-6.03021,

6A-6.03022, 6A-6.03023, 6A-6.03024, and 6A-03025, and

6A-6.03027, FAC., and

(e) A parent, guardian or primary caregiver signs parental

agreement concerning homebound or hospitalized policies and

parental cooperation.

(4) Procedures for student evaluation.

(a) The minimum evaluation for a student to determine

eligibility shall be an annual medical statement from a licensed

physician(s) as specified in Rule 6A-6.03020(2), FAC.,

including a description of the disabling handicapping condition

or diagnosis with any medical implications for instruction.

This report shall state that the student is unable to attend school

and give an estimated duration of condition or prognosis.

(b) A physical reexamination and a medical report by a

licensed physician(s) as specified in Rule 6A-6.03020(2),

FAC., may be requested by the administrator of exceptional

student education or the administrator’s designee on a more

frequent basis than required in paragraph (4)(a) of this rule

Rule 6A-6.0331(1)(c), FAC., and may shall be required if the

student is scheduled to attend school part of a day during a

recuperative period of readjustment to a full school schedule.

This physical reexamination and medical report shall be

provided at no cost to the parent.

(5) Procedures for determining eligibility. Procedures for

determining eligibility shall be in accordance with Rule

6A-6.0331, FAC.

(a) For a student who is medically diagnosed as

chronically ill or who has repeated intermittent illness due to a

persisting medical problem, staffing as required in Rule

6A-6.0331(2) and (4)(b), (c), (d), and (e), FAC., shall be held

annually to establish continuing eligibility for homebound or

hospitalized services.

(b) A student may be alternately assigned to the

homebound or hospitalized program and to a school-based

program due to a severe, chronic or intermittent condition as

certified by a licensed physician, as specified in Rule

6A-6.03020(2), FAC.

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(6) Procedures for providing an individual educational

plan.

(a) For the homebound or hospitalized student who meets

the eligibility criteria for programs as listed in Rule

6A-6.03020(3)(d), FAC.,

Tthe individual educational plan

shall be developed or revised prior to assignment to the

homebound or hospitalized program placement as required in

Rule 6A-6.03028, FAC. A student may be alternatively

assigned to the homebound or hospitalized program and to a

school-based program due to an acute, chronic, or intermittent

condition as certified by a licensed physician, as specified in

subparagraph (3)(a)1., of this rule. This decision shall be made

by the individual educational plan (IEP) team in accordance

with the requirements of Rule 6A-6.03028, FAC.

(b) For the homebound or hospitalized student who does

not meet the eligibility criteria for programs as listed in Rule

6A-6.03020(3)(d), FAC., whose physician expects the

placement in the homebound or hospitalized program to

exceed thirty (30) consecutive school days, the individual

educational plan shall be developed prior to assignment but

may be developed without a formal meeting, as required in

Rule 6A-6.0331, FAC.

(c) For the homebound or hospitalized student who does

not meet the eligibility criteria for programs as listed in Rule

6A-6.03020(3)(d), FAC., whose physician expects the

placement in the homebound or hospitalized program not to

exceed thirty (30) consecutive school days, the individual

educational plan may be developed after assignment and

without the formal meeting required in Rule 6A-6.0331, FAC.

(7) Instructional services program. The following settings

and instructional modes, or a combination thereof, are

acceptable for this program appropriate methods for providing

instruction to students determined eligible for these services:

(a) Instruction in a home. The parent, guardian or primary

caregiver shall provide a quiet, clean, well-ventilated setting

where the teacher and student will work; ensure that a

responsible adult is present; and establish a schedule for

student study between teacher visits which takes into account

the student’s medical condition and the requirements of the

student’s coursework.

(b) Instruction in a hospital. The hospital administrator or

designee shall provide appropriate space for the teacher and

student to work and allow for the establishment of a schedule

for student study between teacher visits.

(c) Instruction through telecommunications or computer

devices. When instruction is by telecommunications or

computer devices telephone, the parent, guardian, or primary

caregiver shall provide an open, uninterrupted

telecommunication link shall be provided at no additional cost

to the parent, telephone line during the instructional period.

The parent and shall ensure that the student is prepared to

actively participate in learning.

(8) Funding. Students shall be counted for the homebound

or hospitalized cost factor when instruction is by any of the

following methods: individual instruction on a one-to-one

basis, group-instruction when all students in the group are

members of the same family, and instruction provided through

telecommunications.

Specific Authority 1001.02(1), 1001.42(4)(l) 228.041(18)(19), 229.053(1),

230.23(4)(m)

FS. Law Implemented 1003.01(3)(a)-(b), 1001.03(8),

1003.57(5), 1011.62(1)(c) 228.041(18)(19), 229.565(3)(b)(c), 230.23(4)(m)4.,

232.01(1)(e), 236.081(1)(c) FS., PL 105-17, (20 USC 1401, 1412, 1414,

1415). History–New 7-1-77, Amended 7-2-79, 4-27-82, Formerly 6A-6.3020,

Amended 5-18-86, ________.

(Substantial rewording of Rule 6A-6.03028 follows. See

Florida Administrative Code for present text.)

6A-6.03028 Development of Individual Educational Plans

for Exceptional Students with Disabilities.

Parents are partners with schools and school district personnel

in developing, reviewing, and revising the individual

educational plan (IEP) for their child. Procedures for the

development of the individual educational plan, including

procedures for parental involvement, and the required contents

for the IEP shall be set forth in each district’s Policies and

Procedures for the Provision of Specially Designed Instruction

and Related Services for Exceptional Students document and

shall be consistent with the following requirements:

(1) Role of parents. The role of parents in developing IEPs

includes, but is not limited to:

(a) Providing critical information regarding the strengths

of their child;

(b) Expressing their concerns for enhancing the education

of their child so that their child can receive a free appropriate

public education;

(c) Participating in discussions about the child’s need for

specially designed instruction and related services;

(d) Participating in the determination of how the child will

be involved and progress in the general curriculum, including

participation in the statewide assessment program and in

district-wide assessments;

(e) Participating in the determination of what services the

school district will provide to the child and in what setting; and

(f) Participating in the determination of whether the child

is pursuing a course of study leading towards a standard

diploma, consistent with Section 1003.43, Florida Statutes, or a

special diploma, consistent with Section 1003.438, Florida

Statutes.

(2) Definitions.

(a) General curriculum. The general curriculum is a

curriculum or course of study that addresses the Florida

Sunshine State Standards and state and district requirements

for a standard diploma.

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(b) Assistive technology service. Assistive technology

service means any service that directly assists a student with a

disability in the selection, acquisition, or use of an assistive

technology device. This term includes:

1. The evaluation of the needs of a student with a

disability, including a functional evaluation of the student in

the student’s customary environment;

2. Purchasing, leasing, or otherwise providing for the

acquisition of assistive technology devices;

3. Selecting, designing, fitting, customizing, adapting,

applying, maintaining, repairing, or replacing assistive

technology devices;

4. Coordinating and using other therapies, interventions,

or services with assistive devices;

5. Training or technical assistance for a student with a

disability or, if appropriate, that student’s parents;

6. Training or technical assistance for professionals,

employers, or other individuals who provide services to,

employ, or are otherwise substantially involved in the major

life functions of the student.

(c) Assistive technology device. Assistive technology

device means any item, piece of equipment, or product system,

whether acquired commercially off the shelf, modified, or

customized, that is used to increase, maintain, or improve the

functional capabilities of a student with a disability.

(d) Extended school year. Extended school year means

specially designed instruction and related services that are

provided to a student with a disability beyond the normal

school year of the school district, in accordance with the

student’s individual educational plan (IEP), and at no cost to

the parents.

(e) Accommodations. Accommodations are changes that

are made in the way the student learns and accesses

information and demonstrates performance.

(f) Modifications. Modifications are changes in what a

student is expected to learn and may include changes to

content, requirements, and expected level of mastery.

(g) Transition services. Transition services means a

coordinated set of activities for a student with a disability

designed within an outcome-oriented process and based upon

the student’s desired post-school outcomes that promotes

movement from school to post-school activities which may

include postsecondary education, vocational training,

integrated employment (including supported employment),

continuing and adult education, adult services, independent

living, or community participation. Transition services for

students with disabilities may be special education, if provided

as specially designed instruction, or related services, if

required to assist the student to benefit from special education.

(3) Parent participation for students with disabilities. Each

school board shall establish procedures that shall provide for

parents, guardians, surrogate parents or persons acting in loco

parent is to participate in decisions concerning the IEP. Parents

of each student with a disability must be members of any group

that makes decisions on the educational placement of their

child. Such procedures shall include the following:

(a) Each district shall take the following steps to ensure

that one (1) or both of the parents of the student is present at

each meeting or is afforded the opportunity to participate at

each meeting, including:

1. Notifying parents of the meeting early enough to ensure

that they will have an opportunity to attend; and

2. Scheduling the meeting at a mutually agreed on time

and place.

(b) A written notice to the parents must indicate the

purpose, time, and location of the meeting, and who, by title or

position, will be attending. The notice must also include a

statement informing the parents that they have the right to

invite individuals with special knowledge or expertise about

their child.

1. For a student with a disability beginning at age 14, or

younger if determined appropriate by the IEP team, the notice

must also indicate that a purpose of the meeting will be the

development of a statement of the transition services needs of

the student as required in paragraph (7)(i) of this rule and the

notice must indicate that the school district will invite the

student.

2. For a student with a disability, beginning at age 16, or

younger if determined appropriate by the IEP team, the notice

must indicate that a purpose of the meeting is the consideration

of needed transition services for the student as required in

paragraphs (7)(i) and (j) of this rule, indicate that the school

district will invite the student, and indicate any other agency

that will be invited to send a representative.

(c) If neither parent can attend, the school district shall use

other methods to ensure parent participation, including

individual or conference telephone calls.

(d) A meeting may be conducted without a parent in

attendance if the school district is unable to obtain the

attendance of the parents. In this case, the district must have a

record of its attempts to arrange a mutually agreed on time and

place, such as:

1. Detailed records of telephone calls made or attempted

and the results of those calls;

2. Copies of correspondence sent to the parents and any

responses received; or

3. Detailed records of visits made to the parents’ home or

place of employment and the results of those visits.

(e) The district shall take whatever action is necessary to

ensure that the parents and the student, beginning at age

fourteen (14), understand the proceedings at a meeting, which

may include arranging for an interpreter for parents and

students who are deaf or whose native language is a language

other than English.

(f) The district shall give the parents a copy of the IEP at

no cost to the parents.

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(4) IEP team participants. The IEP team, with a reasonable

number of participants, shall include:

(a) The parents of the student in accordance with

subsection (3) of this rule;

(b) At least one (1) regular education teacher of the

student, if the student is or may be participating in the regular

education environment. The regular education teacher of a

student with a disability must, to the extent appropriate,

participate in the development, review, and revision of the

student’s IEP, including assisting in the determination of:

1. Appropriate positive behavioral interventions and

strategies for the student; and

2. Supplementary aids and services, classroom

accommodations, modifications or supports for school

personnel that will be provided for the student consistent with

paragraph (7)(c) of this rule.

(c) At least one (1) special education teacher of the

student;

(d) A representative of the school district who is qualified

to provide or supervise the provision of specially designed

instruction to meet the unique needs of students with

disabilities, is knowledgeable about the general curriculum,

and is knowledgeable about the availability of resources of the

school district. At the discretion of the school district, the

student’s special education teacher may be designated to also

serve as the representative of the school district if the teacher

meets the requirements described in this paragraph;

(e) An individual who can interpret the instructional

implications of evaluation results who may be a member of the

team as described in paragraphs (4)(b)-(d) of this rule;

(f) At the discretion of the parent or the school district,

other individuals who have knowledge or special expertise

regarding the student, including related services personnel as

appropriate. The determination of the knowledge or special

expertise of any such individual shall be made by the party

who invited the individual to be a member of the IEP team; and

(g) The student, if appropriate. If the student does not

attend the IEP meeting consistent with paragraphs (4)(h)-(i) of

this rule, the school district shall take other steps to ensure that

the student’s preferences and interests are considered.

(h) The student, beginning by the student’s fourteenth

birthday or younger if determined appropriate by the IEP team,

when the purpose of the meeting is to consider the student’s

transition service needs, as described in paragraphs (7)(i)-(j) of

this rule. If the student does not attend, the school district shall

take other steps to ensure that the student’s preferences and

interests are considered.

(i) To implement the requirements of paragraph (7)(j) of

this rule, the school district shall invite a representative of any

other agency that may be responsible for providing or paying

for transition services, when the purpose of the IEP meeting is

to consider transition services. If an agency invited to send a

representative to a meeting does not do so, the school district

shall take other steps to obtain the participation of the agency

in the planning of any transition services.

(5) Timelines. Timelines for IEP meetings for students

with disabilities shall include the following:

(a) An IEP, which has been reviewed, and if appropriate,

revised within the past year, must be in effect at the beginning

of each school year for each eligible student with a disability.

(b) An IEP must be developed within thirty (30) calendar

days following the determination of a student’s eligibility for

specially designed instruction and related services and be in

effect prior to the provision of these services.

(c) Meetings shall be held to develop, review and revise

the IEP. A meeting shall be held at least once every twelve (12)

months to review each IEP and, as appropriate, revise its

provisions in accordance with all aspects of this rule.

(6) Considerations in IEP development, review, and

revision for students with disabilities. The IEP team shall

consider the following in IEP development, review, and

revision:

(a) The strengths of the student and the concerns of the

parents for enhancing the education of their child;

(b) The results of the initial or most recent evaluation of

the student;

(c) As appropriate, the results of the student’s performance

on any general state or district assessment;

(d) In the case of a student whose behavior impedes

learning or the learning of others, if appropriate, strategies,

including positive behavioral interventions, strategies, and

supports to address that behavior;

(e) In the case of a student with limited English

proficiency, the language needs of the student as those needs

relate to the student’s IEP;

(f) In the case of a student who is blind or visually

impaired, provision of instruction in Braille and the use of

Braille unless the IEP team determines, after an evaluation of

the student’s reading and writing skills, needs, including future

needs, and appropriate reading and writing media, that

instruction in Braille or the use of Braille is not appropriate for

the student;

(g) The communication needs of the student, and in the

case of a student who is deaf or hard of hearing, the student’s

language and communication needs, opportunities for direct

communications with peers and professional personnel in the

student’s language and communication mode, academic level,

and full range of needs, including opportunities for direct

instruction in the student’s language and communication

mode;

(h) Whether the student requires assistive technology

devices and services. On a case-by-case basis, the use of

school-purchased assistive technology devices in a student’s

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home or in other settings is required if the IEP team determines

that the student needs access to those devices in order to

receive a free appropriate public education; and

(i) At least annually, whether extended school year

services are necessary for the provision of a free appropriate

public education to the student consistent with the following:

1. Extended school year services (ESY) must be provided

if a student’s IEP team determines, on an individual basis, that

the services are necessary for the provision of a free

appropriate public education to the student.

2. Criteria that can be used to determine whether a student

requires ESY may include, but are not limited to:

a. Regression and recoupment;

b. Critical points of instruction;

c. Emerging skills;

d. Nature and/or severity of the disability;

e. Interfering behaviors;

f. Rate of progress; or

g. Special circumstances.

3. School districts may not limit ESY to particular

categories of disability or unilaterally limit the type, amount, or

duration of those services.

(j) If, after

consideration of the factors in paragraphs

6)(a)-(i), the IEP team determines that a student needs a

particular device or service, including an intervention,

accommodation or other program modification, in order for the

student to receive a free appropriate public education, the IEP

must include a statement to that effect.

(7) Contents of the IEP for students with disabilities. Each

district, in collaboration with the student’s parents, shall

develop an IEP for each student with a disability. For children

with disabilities ages three (3) through five (5)years, districts

may develop an IEP or a family support plan in accordance

with Rule 6A-6.03029, FAC. The IEP for each student with a

disability must include:

(a) A statement of the student’s present levels of

educational performance, including how the student’s

disability affects the student’s involvement and progress in the

general curriculum. For students with disabilities who

participate in the general statewide assessment program,

consistent with the provisions of Rule 6A-1.0943, FAC., a

statement of the remediation needed for the student to achieve

a passing score on the statewide assessment, or for

prekindergarten students, as appropriate, how the disability

affects the student’s participation in appropriate activities;

(b) A statement of measurable annual goals, including

benchmarks or short term objectives related to meeting the

student’s needs that result from the student’s disability to

enable the student to be involved in and progress in the general

curriculum or for preschool children, as appropriate, to

participate in appropriate activities and meeting each of the

student’s other educational needs that result from the student’s

disability;

(c) A statement of the specially designed instruction and

related services and supplementary aids and services to be

provided to the student, or on behalf of the student, and a

statement of the classroom accommodations, modifications or

supports for school personnel that will be provided for the

student to advance appropriately toward attaining the annual

goals; to be involved and progress in the general curriculum in

accordance with paragraph (7)(a) of this rule; to participate in

extracurricular and other nonacademic activities; and to be

educated and participate with other students with disabilities

and nondisabled students in the activities described in this

paragraph;

(d) An explanation of the extent, if any, to which the

student will not participate with nondisabled students in the

regular class and in the activities described in paragraph (7)(c);

(e) A statement of any individual accommodations in the

administration of the state or district assessments of student

achievement that are needed in order for the student to

participate in state or district assessments. If the IEP team

determines that the student will not participate in a particular

state or district assessment of student achievement or part of an

assessment, a statement of why that assessment is not

appropriate for the student and how the student will be

assessed;

(f) The projected date for the beginning of the specially

designed instruction, services, accommodations and

modifications described in paragraph (7)(c) of this rule and the

anticipated frequency, location, and duration of those services;

(g) A statement of how the student’s progress toward the

annual goals will be measured and how the student’s parents

will be regularly informed (at least as often as parents are

informed of their nondisabled children’s progress) of the

student’s progress toward the annual goals and the extent to

which that progress is sufficient to enable the student to

achieve the goals by the end of the year;

(h) During the student’s eighth grade year or during the

school year of the student’s fourteenth birthday, a statement of

whether the student is pursuing a course of study leading to a

standard diploma or a special diploma.

(i) Beginning by the student’s fourteenth birthday or

younger, if determined appropriate by the IEP team, including

the student and the student’s parents, and updated annually:

1. A statement of the student’s desired post-school

outcome which shall be developed through a student-centered

process;

2. A statement of the student’s transition service needs

under the applicable components of the student’s IEP that

focuses on the student’s courses of study, such as participation

in advanced-placement courses or a vocational education

program; and,

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3. Consideration of instruction or the provision of

information in the area of self-determination to assist the

student to be able to actively and effectively participate in IEP

meetings and self-advocate, if appropriate.

(j) Beginning by the student’s sixteenth birthday or

younger, if determined appropriate by the IEP team, including

the student and the student’s parents and updated annually and

thereafter, a statement of needed transition services for the

student including, if appropriate, a statement of the interagency

responsibilities or any needed linkages.

(k) Beginning at least one (1) year before the student’s

eighteenth birthday, a statement that the student has been

informed of his or her rights under Part B of the Individuals

with Disabilities Education Act that will transfer from the

parent to the student on reaching the age of majority, which is

eighteen years of age. The transfer of these rights is described

in subsection (10) of Rule 6A-6.03311, FAC.

(8) Transition services for students beginning at age

sixteen (16), or younger, if determined appropriate by the IEP

team.

(a) The coordinated set of activities described in

paragraphs (7)(i) and (j) of this rule must be based on the

student’s needs, take into account the student’s preferences and

interests, and focus on the student’s desired post-school

outcome and shall include:

1. Activities in the areas of instruction, related services,

community experiences, the development of employment, and

other post-school adult living objectives; and

2. Acquisition of daily living skills and functional

vocational evaluation, if appropriate.

(b) If an agency responsible for transition services, other

than the school district, fails to provide the transition services

described in the IEP, the school district shall reconvene the IEP

team to identify alternative strategies to meet the transition

objectives for the student set out in the IEP.

(c) Nothing in this part relieves any participating agency,

including Vocational Rehabilitation Services, of the

responsibility to provide or pay for any transition service that

the agency would otherwise provide to students with

disabilities who meet the eligibility criteria of that agency.

When a student is provided services by Vocational

Rehabilitation Services or another agency, the Individual Plan

for Employment or other agency plan should be coordinated

with the development of the IEP as appropriate.

(d) The district shall identify an IEP team member or

designee who will follow-up with agencies, as needed, and

verify the provision of services by other agencies to the student

and/or the student’s parents as provided for in the IEP.

(e) If the IEP team determines that transition services are

not needed as described in subparagraph (8)(a)1. of this rule,

the IEP shall include a statement to that effect.

(9) Transition of children with disabilities from infants and

toddlers early intervention programs to pre-kindergarten

programs that provide specially designed instruction and

related services operated by the school district.

(a) By the third birthday of a child participating in the

early intervention program for infants and toddlers with

disabilities, an IEP consistent with this rule or a family support

plan consistent with Rule 6A-6.03029, FAC., must be

developed and implemented.

(b) For the purpose of implementing the requirement of

paragraph (9)(a) of this rule, each school district will

participate in transition planning conferences arranged by the

state lead agency for infants and toddlers with disabilities early

intervention programs.

(c) If the child’s third birthday occurs during the summer,

the child’s IEP team shall determine the date when services

under the IEP or family support plan will begin.

(10) Review and revision of the IEP. The school district

shall ensure that the IEP team:

(a) Reviews the student’s IEP periodically, but not less

than annually, to determine whether the annual goals for the

student are being achieved; and

(b) Revises the IEP as appropriate to address:

1. Any lack of expected progress toward the annual goals

and in the general curriculum, if appropriate,

2. The results of any reevaluation conducted,

3. Information about the student provided to, or by, the

parents, and

4. The student’s anticipated needs or other matters.

5. Consideration of the factors described in subsection (6)

of this rule.

6. The remediation of skills needed to obtain a passing

score on the statewide assessment.

(11) IEP implementation and accountability. The school

district is responsible for providing the specially designed

instruction and related services to students with disabilities in

accordance with the students’ IEPs. An IEP must be in effect

before specially designed instruction and related services are

provided to an eligible student and is implemented as soon as

possible following the IEP meeting.

(a) The student’s IEP shall be accessible to each regular

education teacher, special education teacher, related service

provider, and other service provider who is responsible for its

implementation.

(b) Each teacher and provider described in paragraph

(11)(a) of this rule shall be informed of their specific

responsibilities related to implementing the student’s IEP and

the specific accommodations, modifications, and supports that

must be provided for the student in accordance with the IEP.

(c) The school board must make a good faith effort to

assist the student to achieve the goals and objectives or

benchmarks listed on the IEP.

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(12) Students with disabilities placed in private schools or

community facilities through contractual arrangements by the

school district, consistent with the requirements of Rule

6A-6.0361, FAC., and in consultation with the students’

parents.

(a) If a student with a disability is placed in a private

school by the school district, in consultation with the student’s

parents, the school district shall:

1. Initiate and conduct meetings to develop, review, and

revise an IEP for the student, in accordance with subsections

(2) through (11) of this rule or for students ages three (3)

through five (5), a family support plan in accordance with Rule

6A-6.03029, FAC.; and

2. Ensure the attendance of a representative of the private

school at each meeting. If the representative cannot attend, the

school district shall use other methods to ensure participation

by the private school, including individual or conference

telephone calls.

(b) If a student with a disability is placed in a private

school by the school district in consultation with the student’s

parents and if IEP meetings are initiated and conducted by the

private school, the school district’s representative and the

parents shall be involved in decisions about the IEP and shall

agree to proposed changes in IEP before those changes are

implemented by the private school.

Specific Authority 1001.02(1), 1001.42(4)(l), 229.053(1)(2)(i), 230.23(4)(m)

1003.01(3)(a)-(b), 1003.57(5), 1011.62(1)(c), 1011.62(e), 1001.03(8)

120.53(1)(b), 228.041(18)(19), 229.053(2)(i), 230.23(4)(m), 236.081(1)(c)

FS., PL 105-17 (20 USC 1401, 1412, 1413, 1414, 1415). History–New

7-13-93, Amended ________.

6A-6.030281 Development of Services Plans for Students

with Disabilities Enrolled in Private School by their Parents

and Provided with Specially Designed Instruction and Related

Services by the Local School Board.

The provision of specially designed instruction and related

services to eligible students with disabilities enrolled in private

schools by their parents shall be consistent with the

requirements of paragraph (3)(n) of Rule 6A-6.03411, FAC.,

and as described in the district’s Policies and Procedures for

the Provision of Specially Designed Instruction and Related

Services for Exceptional Students document. The provision of

these services shall be consistent, to the extent appropriate,

with the following requirements:

(1) Each school board shall establish procedures which

shall provide for parents, guardians, surrogate parents or

persons acting in loco parentis to participate in decisions

concerning the service plans. Such procedures shall include the

following:

(a) Each district shall take the following steps to ensure

that one (1) or both of the parents of the student is present at

each services plan meeting or is afforded the opportunity to

participate in each meeting:

1. Notifying parents of the meeting early enough to ensure

that they will have an opportunity to attend; and

2. Scheduling the meeting at a mutually agreed on time

and place.

(b) A written notice to the parent must indicate the

purpose, time, and location of the meeting, and who, by title or

position, will be attending. The notice must also include a

statement informing the parents that they have the right to

invite other individuals with special knowledge or expertise

about their child.

1. If transition services will be provided to a student with a

disability beginning at age fourteen (14), or younger, if

determined appropriate by the services plan team, the notice

must also indicate that a purpose of the meeting will be the

development of a statement of the transition services needs of

the student and indicate that the school district will invite the

student.

2. If transition services will be provided to a student with a

disability, beginning at age sixteen (16), or younger, if

determined appropriate by the services plan team, the notice

must indicate that a purpose of the meeting is the consideration

of needed transition services for the student, indicate that the

school district will invite the student, and indicate any other

agency that will be invited to send a representative.

(c) If neither parent can attend, the school district shall use

other methods to ensure parent participation, including

individual or conference telephone calls.

(d) A meeting may be conducted without a parent in

attendance if the school district is unable to obtain the

attendance of the parents. In this case, the district must have a

record of its attempts to arrange a mutually agreed on time and

place such as:

1. Detailed records of telephone calls made or attempted

and the results of those calls;

2. Copies of correspondence sent to the parents and any

responses received; or

3. Detailed records of visits made to the parents’ home or

place of employment and the results of those visits.

(e) The district shall take whatever action is necessary to

ensure that the parents and the student beginning at age 14,

understand the proceedings at a meeting, which may include

arranging for an interpreter for parents and students who are

deaf or whose native language is a language other than

English.

(f) The district shall give the parents a copy of the services

plan at no cost to the parents.

(g) The district shall ensure that a representative of the

private school attends each services plan meeting. If the private

school’s representative cannot attend, the district shall use

other methods to ensure participation, including individual or

conference calls.

(2) Services plan team participants. The services plan team

shall include the following participants:

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(a) The parents of the student in accordance with

subsection (1) of this rule;

(b) At least one (1) regular education teacher of the student

from the private school;

(c) At least one special education teacher of the student;

(d) A representative of the school district who is qualified

to provide or supervise the provision of specially designed

instruction to meet the unique needs of students with

disabilities, is knowledgeable about the general curriculum,

and is knowledgeable about the availability of resources of the

school district. At the discretion of the school district, the

student’s special education teacher may be designated to also

serve as the representative of the school district if the teacher

meets the requirements described in this paragraph;

(e) An individual who can interpret the instructional

implications of evaluation results, who may be a member of

the team as described in paragraphs (2)(b)-(d) of this rule;

(f) At the discretion of the parent, the private school, or the

school district, other individuals who have knowledge or

special expertise regarding the student, including related

services personnel, as appropriate. The determination of the

knowledge or special expertise of any such individual shall be

made by the party who invited the individual to be a member of

the services plan team;

(g) The student, if appropriate. If the student does not

attend the IEP meeting consistent with paragraphs (2)(h)-(i) of

this rule, the school district shall take other steps to ensure that

the student’s preferences and interests are considered.

(h) If transition services are to be provided, the student,

beginning by the student’s fourteenth birthday or younger, if

determined appropriate by the services plan team, when the

purpose of the meeting is to consider the student’s transition

service needs. If the student does not attend, the school district

and the private school shall take other steps to ensure that the

student’s preferences and interests are considered.

(i) If transition services are to be provided, a

representative of any other agency that may be responsible for

providing or paying for transition services, when the purpose

of the services plan meeting is to consider transition services.

If an agency invited to send a representative to a meeting does

not do so, the school district shall take other steps to obtain the

participation of the other agency in the planning of any

transition services.

(3) Timelines. Timelines for services plans shall include

the following:

(a) Each private school student with a disability who has

been designated to receive specially designed instruction and

related services from the school district shall have a services

plan that describes the services to be provided. This services

plan, which has been reviewed, if appropriate, within the past

year, must be in effect at the beginning of each school year for

each eligible private school student with a disability.

(b) A services plan must be developed within thirty (30)

calendar days following the determination of a student’s

eligibility and must be in effect before specially designed

instruction and related services are provided.

(c) Meetings shall be held to develop, review, and revise

the services plan. A meeting shall be held at least once every

twelve (12) months to review each services plan and, as

appropriate, revise its provisions in accordance with all aspects

of this rule.

(4) Considerations in services plan development, review,

and revision for private school students with disabilities. The

services plan team shall consider the following in

development, review, and revision of the services plan:

(a) The strengths of the student and the concerns of the

parents for enhancing the education of their child;

(b) The results of the initial or most recent evaluation of

the student;

(c) As appropriate, the results of the student’s performance

on any general state or district assessment;

(d) In the case of a student whose behavior impedes

learning or the learning of others, if appropriate, strategies

including positive behavioral interventions, and supports to

address that behavior;

(e) In the case of a student with limited English

proficiency, the language needs of the student as those needs

relate to the student’s services plan;

(f) In the case of a student who is blind or visually

impaired, provision of instruction in Braille and the use of

Braille unless the services plan team determines, after an

evaluation of the student’s reading and writing skills, needs

(including future needs), and appropriate reading and writing

media that instruction in Braille or the use of Braille is not

appropriate for the student;

(g) The communication needs of the student, and in the

case of a student who is deaf or hard of hearing, the student’s

language and communication needs, opportunities for direct

communications with peers and professional personnel in the

student’s language and communication mode, academic level,

and full range of needs, including opportunities for direct

instruction in the student’s language and communication

mode; and

(h) Whether the student requires assistive technology

devices and services. On a case-by-case basis, the use of

school-district purchased assistive technology devices in a

student’s home or in other settings is required if the services

plan team determines that the student needs access to those

devices.

(5) Contents of the services plans for students with

disabilities, enrolled in private schools, who are provided

services by the school district. In collaboration with the parents

and private school personnel of each student with a disability

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who is provided services from the school district, each district

shall develop a services plan that must include with respect to

services provided:

(a) A statement of the student’s present levels of

educational performance including how the student’s disability

affects the student’s involvement and progress in the general

curriculum or for preschool children, as appropriate, how the

disability affects the child’s participation in appropriate

activities;

(b) A statement of measurable annual goals, including

benchmarks or short term objectives related to meeting the

student’s needs that result from the student’s disability to

enable the student to be involved and progress in the general

curriculum or for preschool children, as appropriate, to

participate in appropriate activities and meeting each of the

student’s other educational needs that result from the student’s

disability;

(c) A statement of the specially designed instruction and

related services and supplementary aids and services to be

provided to the student, or on behalf of the student, and a

statement of the program modifications or supports for school

personnel that will be provided for the student to advance

appropriately toward attaining the annual goals; to be involved

and progress in the general curriculum in accordance with

paragraph (5)(a) of this rule; to participate in extracurricular

and other nonacademic activities; and to be educated and

participate with other students with disabilities and

nondisabled students in the activities described in this

paragraph;

(d) An explanation of the extent, if any, to which the

student will not participate with nondisabled students in the

regular class and in the activities described in paragraph (5)(c)

of this rule;

(e) The projected date for the beginning of the services,

accommodations and modifications described in paragraph

(5)(c) of this rule and the anticipated frequency, location, and

duration of those services;

(f) A statement of how the student’s progress toward the

annual goals will be measured and how the student’s parents

will be regularly informed (at least as often as parents are

informed of their nondisabled children’s progress) of the

student’s progress toward the annual goals and the extent to

which that progress is sufficient to enable the student to

achieve the goals by the end of the year;

(g) If transition services are provided, the requirements of

paragraphs (7)(h)-(j) and subsection (8) of Rule 6A-6.03028,

FAC., regarding transition services must be met.

(h) Beginning at least one year before the student’s

eighteenth birthday, a statement that the student has been

informed of rights under Part B of the Individual with

Disabilities Education Act that will transfer from the parent to

the student on reaching the age of majority (eighteen (18) years

of age). The transfer of these rights are described in subsection

(10) of Rule 6A-6.03311, FAC.

(6) Review and revision of the services plan. The school

district shall ensure that the services plan team:

(a) Reviews the student’s services plan periodically, but

not less than annually, to determine whether the annual goals

for the student are being achieved; and

(b) Revises the services plan, as appropriate, to address:

1. Any lack of expected progress toward the annual goals

and in the general curriculum, if appropriate,

2. The results of any reevaluation conducted,

3. Information about the student provided to, or by, the

parents, and

4. The student’s anticipated needs or other matters.

5. Consideration of the factors described in subsection (4)

of this rule.

(7) Services plan implementation. A services plan must be

in effect before specially designed instruction and related

services are provided by the local school district to an eligible

student and must be implemented as soon as possible following

the services plan meeting.

(a) The student’s services plan shall be accessible to each

regular education teacher, special education teacher, related

service provider, and other service provider who is responsible

for its implementation.

(b) Each teacher and provider described in paragraph (7)

(a) of this rule shall be informed of specific responsibilities

related to implementing the student’s services plan and the

specific accommodations, modifications, and supports that

must be provided for the student in accordance with the

services plan.

Specific Authority 1001.02(1), 1001.42(4)(l) FS. Law Implemented

1003.01(3)(a)-(b), 1003.57(5), 1011.62(1)(c), 1001.03(8) FS., PL 105-17 (20

USC 1401, 1412, 1413, 1414, 1415). History–New ________.

6A-6.03029 Development of Family Support Plans for

Children with Disabilities Ages Birth Through Five Years.

Parents are a child’s first teachers and must be partners with

school and school district personnel to identify their specific

concerns and priorities of the family related to enhancing their

child’s development. Procedures for developing family support

plans shall be set forth in each district’s Policies and

Procedures for the Provision of Specially Designed Instruction

and Related Services to Special Programs and Procedures for

Exceptional Students document consistent with the following

requirements:

(1) No change.

(2) Use of family support plans. For children with

disabilities ages birth through two (2) years, a family support

plan consistent with the requirements of Subsections (3), (4),

(6), (8), and (9) of this rule shall be used. For children with

disabilities ages three (3) through five (5) years, school

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districts may utilize, at the option of the school district and

with written parental consent, a family support plan, consistent

with the requirements of subsections (3), (5), (7), and (9) of

this rule, with parental consent in lieu of an individual

educational plan (IEP). Parents must be provided with a

detailed explanation of the difference between a family support

plan and an IEP in lieu of an individual educational plan.

(3) Contents. The family support plan shall be in writing

and include:

(a) through (c) No change.

(d) A statement of the specific early intervention services,

or for children ages three (3) through five (5) years, the

specially designed instruction and related services, necessary

to meet the unique needs of the child and the family including

the frequency, intensity, and the method of delivering services;

(e) A statement of the natural environments in which early

intervention services, or for children ages three (3) through five

(5) years, specially designed instruction and related services

are to be provided, and a justification of the extent, if any, to

which the services will not be provided in a natural

environment;

(f) through (4) No change.

(5) Requirements Timelines for family support plans for

children with disabilities ages three (3) through five (5). These

family support plans timelines shall be consistent with the

requirements of subsections 6A-6.03028(3)-(6)(8),(10), and

(11), FAC.

(6) Participants for family support plans for children with

disabilities ages birth through two (2) years. The participants

shall include the following:

(a) Each initial meeting and each annual meeting to

evaluate the family support plan must include the following

participants:

1. through 4. No change.

5. For initial family support plan meetings, at least two

professionals from two different disciplines directly involved

in conducting the evaluations and assessments. For subsequent

family support plan meetings, at least two professionals from

two different disciplines; A person or persons directly involved

in conducting the evaluations and assessments; and

6. through (8) No change.

(9) Nonpublic schools and integration of plans. For

children with disabilities ages birth through five (5), the

procedures described in Rule 6A-6.03028(6) and (8)-(9), (12),

FAC., shall be followed.

(10) No change.

Specific Authority 1001.02(1), 1001.42(4) 229.053(1)(2)(i), 230.23(4)(m),

236.081(1)(c)

FS. Law Implemented 1003.01(3)(a)-(b), 1003.21(1)(e),

1003.57(5), 1011.62(1)(c), 1001.03(8), 228.041(18)(19), 229.053(2)(i),

230.23(4)(m), 236.081(1)(c) FS., P.L. 105-17 (20 USC 1436). History–New

7-13-93, Amended 1-4-94, ________.

6A-6.03032 Procedural Safeguards for Children with

Disabilities Ages Birth through Two Years with Disabilities.

Providing parents with information regarding their rights under

this rule is critical to ensuring that their specific concerns and

the priorities of the family related to enhancing their child’s

development are addressed. The establishment and

maintenance of policies and procedures to ensure that children

with disabilities, ages birth through two years, and their parents

are provided with procedural safeguards is required in order for

school boards to receive state funds for the provision of these

services. The school board’s policy and procedures for

procedural safeguards shall be set forth in the district’s Policies

and Procedures for the Provision of Specially Designed

Instruction and Related Services for Special Programs and

Procedures for Exceptional Students document and shall

include adequate provisions for the following:

(1) Prior notice. Parents shall be provided prior written

notice a reasonable time before a school district proposes, or

refuses, to initiate or change the identification, evaluation, or

placement of the child, or the provision of appropriate early

intervention services to the child and the child’s family. The

procedures described in Rule 6A-6.03311(1), FAC., shall be

followed.

(2) Content of notice. The procedures described in Rule

6A-6.03311(2)(a)-(b), FAC., shall be followed. The content of

the notice must be in sufficient detail to inform the parents

about shall include:

(a) The A full explanation of all the procedural safeguards

available to the parents as provided in this rule Rules

6A-6.0333 and 6A-6.03032, FAC., and Section 1003.57(5),

Florida Statutes.

(b) The A description of the action proposed or refused by

the district and the reasons for taking the action.

(c) The state complaint procedures, including how to file a

complaint with the Department of Health, Children’s Medical

Services, the lead agency for this program, and the timelines

under those procedures.

(3) Native language.

(a) The notice described in subsection (2) of this rule must

be:

1. Written in language understandable to the general

public.

2. Provided in the native language of the parents, unless it

is clearly not feasible to do so.

(b) If the native language or other mode of communication

of the parents is not a written language, the school district shall

take steps to ensure that:

1. The notice is translated orally or by other means to the

parents in the parents’ native language or other mode of

communication;

2. The parents understand the notice, and;

3. There is written evidence that the requirements of

subsection (3) of this rule have been met.

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(c) If a parent is deaf or blind, or has no written language,

the mode of communication must be that normally used by the

parent, (such as sign language, Braille, or oral

communication).

(4)(3) Parent consent. The procedures described in Rule

6A-6.03311(3)(a)-(e), FAC., shall be followed except that the

procedures described in Rule 6A-6.03311(3)(c)1.-2., FAC.,

may be initiated by the school district only if the parent has

refused to consent to the initial evaluation.

(a) Written parental consent must be obtained before:

1. Conducting the initial evaluation and assessment of a

child; and

2. Initiating the provision of early intervention services.

(b) If consent is not given, the school district shall make

reasonable efforts to ensure that the parent:

1. Is fully aware of the nature of the evaluation and

assessment or the services that would be available; and

2. Understands that the child will not be able to receive the

evaluation and assessment or services unless consent is given.

(5) Examination of records. The procedures described in

paragraphs (4)(a)-(c) of Rule 6A-6.03311, FAC., shall be

followed.

(6) Mediation. Parents shall be provided the opportunity to

resolve disputes involving their child through mediation in

accordance with procedures established by the Department of

Health, Children’s Medical Services, the lead agency for this

program.

(7)(4) Due process hearings. The procedures described in

subsection (11) of Rule 6A-6.03311(5), FAC., shall be

followed with the exception that the school district may not

initiate a hearing to challenge the parents’ decision regarding

the placement or the provision of early intervention services

for their child.

(5) Examination of records. The procedures described in

Rule 6A-6.03311(7), FAC., shall be followed.

Specific Authority 120.53(1)(b), 228.041(18)(19), 230.23(4)(m), 232.01(1)(e)

1003.01(3)(a)-(b), 1001.42(4)(l), 1003.21(1)(e) FS. Law Implemented

120.53(1)(b), 228.041(18)(19), 230.23(4)(m), 232.01(1)(e) 1003.01(3)(a)-(b),

1003.57(5), 1003.21(1)(e), 1001.03(8), 1011.62(1)(c) FS., P.L. 105-17, 20

USC 1439. History–New 1-4-94, Amended ________.

(Substantial rewording of Rule 6A-6.0331 follows. See Florida

Administrative Code for present text.)

6A-6.0331 Identification and Determination of Eligibility

of Eligible Special Programs for Exceptional Students for

Specially Designed Instruction.

Local school boards have the responsibility to ensure that

students suspected of having a disability or being gifted are

identified, evaluated, and provided appropriate specially

designed instruction and related services if it is determined that

the student meets the eligibility criteria specified in Rules

6A-6.03011 through 6A-6.03023 and 6A-6.03027, FAC.

Additionally, local school boards that elect to serve children

with disabilities below the age of three (3) years in

collaboration with the Part C Early Intervention Program have

the responsibility to ensure that infants and toddlers suspected

of having a disability are identified, evaluated, and provided

appropriate early intervention services if it is determined that

the child meets the eligibility criteria specified in subparagraph

(2)(a)1., of Rule 6A-6.03026, FAC. The procedures and

criteria for identification, evaluation, and determination of

eligibility of exceptional students by local school boards shall

be set forth in the school district’s Policies and Procedures for

the Provision of Specially Designed Instruction and Related

Services for Exceptional Students document consistent with

the following requirements.

(1) Prekindergarten Children. For children below entry

age to kindergarten, the activities specified in subsection (2) of

this rule are not required. The following requirements apply to

this population of children.

(a) For children being considered for eligibility as an

infant or toddler with a disability, prior to determining

eligibility, existing medical, psychological, social and other

related data must be reviewed in addition to the completion of

a vision and hearing screening.

(b) For children being considered for eligibility for school

district programs for children ages three to kindergarten entry

age, prior to referral for evaluation the following activities

shall occur:

1. A review of existing social, psychological, and medical

data with referral for a health screening when the need is

indicated; and

2. A screening for vision, hearing, and communication

functioning with referral for complete evaluations when the

need is indicated.

(2) Kindergarten Through Grade Twelve Students. It is the

local school board’s responsibility to address through

appropriate interventions and, to the extent possible, resolve a

student’s learning or behavioral areas of concern in the general

education environment prior to a referral for evaluation to

determine eligibility as a student with a disability.

Notwithstanding the provisions of paragraphs

6A-6.03011(3)(a)-(e), 6A-6.03016(5)(a)-(f), and

6A-6.03018(3)(a)-(b), FAC., prior to the submission of a

referral for evaluation to determine eligibility as a student with

a disability, the activities in paragraphs (2)(a)-(f) of this rule

must be completed. The general education interventions

described in paragraph (2)(f) of this rule are not required for

students who demonstrate severe speech disorders, severe

cognitive, physical or sensory disorders, or severe social/

behavioral deficits that require immediate intervention to

prevent harm to the student or others. The activities described

in paragraphs (2)(a)-(f) are not required for students considered

for eligibility for specially designed instruction for students

who are homebound or hospitalized as defined in Rule

6A-6.03020, FAC.

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(a) Parent conferences. Two (2) or more conferences

concerning the student’s specific learning or behavioral areas

of concern shall be held and shall include the parents, the

student’s regular education teacher, and may include other

educators with special expertise in the areas of concern such as

special education teachers, administrators, and student services

personnel. The initial conference with the parents must include

discussion of the student’s learning or behavioral areas of

concerns, the general education interventions planned, and the

anticipated effects of the interventions. Other conferences must

include discussion of the student’s responses to interventions

and anticipated future actions to address the student’s learning

and/or behavioral areas of concern.

(b) Anecdotal records or behavioral observations made by

at least two (2) persons, one (1) of whom is the student’s

classroom teacher, in more than one (1) situation which cite the

specific behaviors indicating the need for a referral for

evaluation shall be reviewed.

(c) Social, psychological, medical, and achievement data

in the student’s educational records shall be reviewed;

(d) Attendance records shall be reviewed, and where

appropriate, investigation of reasons for excessive absenteeism

shall be conducted.

(e) Screening for speech, language, hearing, and vision for

the purpose of ruling out sensory deficits that may interfere

with the student’s academic and behavioral progress shall be

conducted. Notwithstanding the provisions of Rules

6A-6.03011 through 6A-6.03018, 6A-6.03021 through

6A-6.03023, and 6A-6.03027, FAC., screening for speech,

language, hearing, and vision screening shall be required prior

to conducting an evaluation to determine the student’s

eligibility as a student with a disability.

(f) A minimum of two (2) general education interventions

or strategies, including instructional modifications, shall be

attempted. These general education interventions or strategies

may include: supplemental academic instruction; change in

student’s class schedule or teacher; change in instructional

strategies and techniques; interventions provided by student

services personnel or state or community agency. For students

whose learning problems are in reading or math, the general

education interventions must include the use of an academic

improvement plan, as required by Section 1008.25(4)(a)-(c),

Florida Statutes, and the provision of remedial instruction for a

reasonable period of time. Pre- and post-intervention measures

of the academic and behavioral areas of concern may be

conducted to assist in identifying appropriate interventions and

measuring their effects.

(3) Referral. Referral is the process whereby a written

request is made for a formal individual evaluation to determine

a student’s eligibility for specially designed instruction and

related services. Prior to a referral for students suspected of

having a disability, school personnel must make one of the

following determinations and include appropriate

documentation in the student’s educational record:

(a) For students who demonstrate severe speech disorders,

severe cognitive, physical or sensory disorders, or severe

social/behavioral deficits, the activities described in paragraph

(2)(f) of this rule would be inappropriate in addressing the

immediate needs of the student;

(b) The activities, as described in paragraph (2)(f) of this

rule, have been implemented but were unsuccessful in

addressing the areas of concern for the student; or

(c) The parents of the child receiving general education

interventions requested, prior to the completion of these

interventions, that the school conduct an evaluation to

determine the student’s eligibility for specially designed

instruction and related services as a student with a disability. In

this case, the activities described in paragraphs (2)(a)-(f) must

be completed concurrently with the evaluation but prior to the

determination of the student’s eligibility for specially designed

instruction.

(4) Student evaluation.

(a) The school board shall be responsible for the medical,

physical, psychological, social, and educational evaluations of

students, who are suspected of being exceptional students, by

competent evaluation specialists. Evaluation specialists shall

include, but not be limited to, persons such as physicians,

psychologists, speech/language pathologists, teachers,

audiologists, and social workers with each such person

licensed in the professional’s field as evidenced by a valid

license or certificate to practice such a profession in Florida.

Educational evaluators not otherwise covered by a license or

certificate to practice a profession in Florida shall either hold a

valid Florida teacher’s certificate or be employed under the

provisions of Rule 6A-1.0502, FAC.

1. Notwithstanding the provisions of subparagraph

(6)(a)2., of Rule 6A-6.03016, FAC., and subparagraph (4)(a)1.,

of Rule 6A-6.03011, FAC., tests of intellectual functioning

shall be administered and interpreted by a professional person

qualified in accordance with Rule 6A-4.0311, FAC., or

licensed under Chapter 490, Florida Statutes.

2. Notwithstanding the provisions of subparagraph

6A-6.03011(4)(a)2., FAC, the standardized assessment of

adaptive behavior of students suspected of having a mental

handicap, shall include parental input regarding their child’s

adaptive behavior.

(b) The school board shall ensure that students suspected

of having a disability are evaluated within a period of time, not

to exceed sixty (60) school days of which the student is in

attendance, after:

1. The completion of the activities required in subsection

(2) of this rule;

2. The receipt of the referral for evaluation; and

3. The receipt of parental consent for the evaluation.

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(c) Circumstances that cause a delay, so that the evaluation

cannot be completed within the timeframe required by

paragraph (4)(b) of this rule, shall be documented in the

student’s educational record and communicated to the

student’s parents.

(d) The school board shall ensure that students suspected

of being gifted are evaluated within a reasonable period of

time.

(e) Tests and other evaluation materials used to assess a

student shall be selected and administered so as not to be

discriminatory on a racial or cultural basis and shall be

provided and administered in a student’s native language or

other mode of communication, unless it is clearly not feasible

to do so.

(f) Materials and procedures used to assess a student with

limited English proficiency shall be selected and administered

to ensure they measure the extent to which the student has an

exceptionality and needs specially designed instruction and

related services rather than measuring the student’s English

language skills.

(g) Any standardized tests that are given shall have been

validated for the specific purpose for which they are used and

shall be administered by trained and knowledgeable personnel

in accordance with any instructions provided by the producer

of the tests.

(h) If an assessment tool is not conducted under standard

conditions, a description of the extent to which it varied from

standard conditions shall be included in the evaluation report.

(i) Tests and other evaluation materials shall include those

tailored to assess specific areas of educational need and not

merely those that are designed to provide a single general

intelligence quotient.

(j) Tests shall be selected and administered so as to best

ensure that if a test is administered to a student with impaired

sensory, manual, or speaking skills, the test results accurately

reflect the student’s aptitude or achievement level or whatever

other factors the test purports to measure, rather than reflecting

the student’s sensory, manual, or speaking skills unless those

are the factors the test purports to measure.

(k) No single assessment shall be used as the sole criterion

for determining whether a student is a student with a disability

or is a student who is gifted and for determining appropriate

educational services for the student.

(l) The school district shall use technically sound

instruments that may assess the relative contribution of

cognitive and behavioral factors, in addition to physical or

developmental factors.

(m) The school district shall use assessment tools and

strategies that provide relevant information that directly assists

persons in determining the educational needs of the student.

(n) In evaluating a student suspected of having a disability:

1. A variety of assessment tools and strategies shall be

used to gather relevant functional and developmental

information about the student including information:

a. Provided by the parents;

b. Related to enabling the student to be involved in and

progress in the general education curriculum (or for a

prekindergarten child to participate in appropriate activities);

c. That may assist in determining whether the student is a

student with a disability; and

d. That may assist in the writing of the individual

educational plan or family support plan.

2. The student shall be assessed in all areas of the

suspected disability, including, if appropriate, health, vision,

hearing, social and emotional status, general intelligence,

academic performance, communicative status, and motor

abilities.

3. The evaluation shall be sufficiently comprehensive to

identify all of the student’s specially designed instruction and

related services needs, whether or not commonly linked to the

disability category in which the student is identified.

(5) Determination of eligibility for exceptional students.

(a) A minimum of three (3) professional personnel, one (1)

of whom shall be the district administrator of exceptional

student education or designee, shall meet as a staffing

committee. The parents of a student being considered for

eligibility as a student with a disability shall be invited and

encouraged to participate as equal members of the staffing

committee. Additional personnel may be involved in

determining eligibility by providing information or by

attending staffing meetings.

(b) In interpreting evaluation data the staffing committee

shall:

1. Draw upon information from a variety of sources,

including aptitude and achievement tests, parent input, student

input as appropriate, teacher recommendations, physical

condition, social or cultural background, and adaptive

behavior;

2. Ensure that information obtained from all of these

sources is documented and carefully considered; and

3. Determine eligibility in accordance with the criteria

specified in Rules 6A-6.03011 through 6A-6.03019, FAC.,

Rules 6A-6.03020 through 6A-6.03027, FAC., and Rules

6A-6.03030 through 6A-6.03031, FAC., and the procedures in

subparagraphs (3)(f)1. and 2., of Rule 6A-6.03411, FAC.

(c) If a determination is made that a student has a

disability and needs specially designed instruction and related

services, an individual educational plan (IEP) shall be

developed for the student in accordance with Rule 6A-6.03028,

FAC. For children ages three (3) through five (5) years, a

family support plan (FSP) may be developed, in accordance

with Rule 6A-6.03029, FAC. in lieu of an IEP.

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(d) A student may not be determined eligible as a student

with a disability if the determinant factor is lack of instruction

in reading or math or limited English proficiency or lack of

attendance for a student of compulsory school attendance age

and the student does not otherwise meet the eligibility criteria

specified in Rules 6A-6.03011 through 6A-6.03019,

6A-6.03020 through 6A-6.03027, and 6A-6.03030 through

6A-6.03031, FAC.

(e) For students identified as gifted, an educational plan

(EP) in accordance with Rule 6A-6.030191, FAC., shall be

developed.

(f) The school district shall provide a copy of the

evaluation reports and the documentation of the eligibility

determination to the parents at no cost.

(6) Determination of needed evaluation data for a student

suspected of having a disability. As part of an initial

evaluation, if appropriate, and as part of any reevaluation, a

group that includes the IEP team participants as described in

subsection (4) of Rule 6A-6.03028, FAC., and other qualified

professionals, as appropriate, shall:

(a) Review existing evaluation data on the student,

including:

1. Evaluations and information provided by the student’s

parents and the student as appropriate;

2. Current classroom-based assessments and observations;

and

3. Observations by teachers and related services providers.

(b) Identify, on the basis of that review and input from the

student’s parents and the student as appropriate, what

additional data, if any, are needed to determine the following:

1. Whether the student has a particular disability, as

defined in Section 1003.01(3)(a), Florida Statutes, or in the

case of reevaluation, whether the student continues to have a

disability;

2. The present levels of performance and educational

needs of the student;

3. Whether the student needs specially designed

instruction and related services, or in the case of reevaluation,

whether the student continues to need specially designed

instruction and related services; and

4. Whether any additions or changes to the specially

designed instruction and related services are needed to enable

the student to meet the measurable annual goals set out in the

student’s IEP and to participate, as appropriate, in the general

curriculum.

(c) The IEP team described in subsection (6) of this rule

may conduct its review without a meeting.

(d) The school district shall administer tests and other

evaluation materials as may be needed to produce the data

identified in subsection (6) of this rule.

(e) If the determination under paragraphs (6)(a)-(b) of this

rule is that no additional data are needed to determine whether

the student continues to be a student with a disability, the

school district shall notify the student’s parents of:

1. That determination and the reasons for the

determination; and,

2. The right to request an evaluation to determine whether

the student continues to be an eligible student with a disability.

The school district is required to conduct the assessment

described in subsection (4) of this rule if requested to do so by

the student’s parents.

(7) Reevaluation. The reevaluation of each student with a

disability is conducted, in accordance with paragraphs (4)(a)

and (4)(e)-(n) and subsection (6) of this rule, at least once

every three (3) years or more frequently if conditions warrant a

reevaluation, in accordance with Rules 6A-6.03011 through

6A-6.03018 and 6A-6.03020, 6A-6.03022, 6A-6.03023, and

6A-6.03027, FAC., or if the student’s parent or teacher

requests a reevaluation, or prior to the determination that the

student is no longer a student with a disability in need of

specially designed instruction.

(a) The results of any testing administered during the

reevaluation process shall be considered by the IEP team

including the parent, when reviewing and, as appropriate,

revising the student’s IEP.

(b) The IEP team, including the parent, and other qualified

professionals, as appropriate, shall determine that the student is

no longer a student with a disability based on the results of the

reevaluation process.

(c) Reevaluation is not required for a student before the

termination of eligibility due to graduation with a standard

diploma or exiting from school upon reaching the student’s

twenty-second birthday.

(8) Each school district shall designate a staff member as

administrator of exceptional student education who shall be

responsible for the following:

(a) Coordinating all school district services for exceptional

students;

(b) Reviewing the eligibility determinations of staffing

committees for exceptional students in accordance with the

procedures and criteria outlined in Policies and Procedures for

the Provision of Specially Designed Instruction and Related

Services for Exceptional Students developed pursuant to Rule

6A-6.03411, FAC.

(c) Ensuring that parents have been appropriately

informed of their child’s eligibility determination and their

procedural safeguards in accordance with Rules 6A-6.03311,

6A-6.03032, and 6A-6.03313, FAC.

(d) Informing, in writing, the appropriate school principal

of the student’s eligibility for specially designed instruction

and related services; and

(e) Implementing the district’s policies, as required by

Rule 6A-6.03411, FAC.

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(9) The administrator of exceptional student education is

authorized to delegate the responsibilities in paragraphs

(8)(b)-(d) of this rule.

Specific Authority 1001.02(1), 1001.42(4)(l) 120.53(1)(b), 229.053(1)(2)(i),

230.23(4)(m)

FS. Law Implemented 1003.01(3)(a)-(b), 1001.02(2)(i),

1003.57(5) 120.53(1)(b), 228.041(18)(19), 229.053(2)(i), 230.23(4)(m)4.,

236.081(1)(c) FS. History–New 6-17-74, Repromulgated 12-5-74, Amended

7-1-77, 3-28-78, 7-12-78, 8-31-78, 11-29-78, 10-7-81, 7-13-83, 6-2-85,

Formerly 6A-6.331, Amended 7-13-93, 1-2-95, ________. c.f. P.L. 105-17, 20

USC 1401; 1412, 1413, 1414, 1415. 94-142, 20 USC 1401 (19); 1412 (2)(b),

(4), (6); 1413 (a)(4)(A); 1414 (a)(5). Federal Register, Volume 42, Number

163, Regulations 121a.345 and 121a.348.

(Substantial rewording of Rule 6A-6.03311 follows. See

Florida Administrative Code for present text.)

6A-6.03311 Procedural Safeguards for Exceptional

Students with Disabilities.

Providing parents with information regarding their rights under

this rule is critical to ensuring that they have the opportunity to

be partners in the decisions regarding their children. It is also

critical that local school boards provide information on these

rights to appropriate district and school personnel so that the

needs of the students with disabilities can be identified and

appropriately met. Parents and school district personnel are

encouraged to use methods such as mediation or the state

complaint process described in subsections (5) and (6) of this

rule respectively, to resolve disagreements regarding the

provision of specially designed instruction and related services

to students with disabilities. The establishment and

maintenance of policies and procedures to ensure that students

with disabilities, as defined in Section 1003.01(3)(a), Florida

Statutes, and their parents are provided procedural safeguards

with respect to the provision of a free appropriate public

education is required in order for school boards to receive state

and federal funds for the provision of specially designed

instruction and related services to these students. The school

board policy and procedures for procedural safeguards shall be

set forth in accordance with Rule 6A-6.03411, FAC., and shall

include adequate provisions for the following:

(1) Prior notice. The school district shall provide parents

with prior written notice a reasonable time before any proposal

or refusal to initiate or change the identification, evaluation,

educational placement of the student or the provision of a free

appropriate public education to the student.

(a) The prior notice to the parents shall be written in

language understandable to the general public and shall be

provided in the native language or other mode of

communication commonly used by the parents unless such

communication is clearly not feasible to do so.

(b) If the parents’ mode of communication is not a written

language, the school district shall ensure:

1. That the notice is translated orally or by other means to

the parents in their native language or other mode of

communication;

2. That the parents understand the content of the notice;

and

3. That there is written documentation that the

requirements of subparagraphs (1)(b)1. and (1)(b)2. of this rule

have been met.

(c) The notice to the parents shall include:

1. A description of the action proposed or refused by the

district, an explanation of why the district proposes or refuses

to take the action, and a description of any other options the

district considered and the reasons why those options were

rejected;

2. A description of each evaluation procedure, test, record,

or report the district used as a basis for the proposed or refused

action;

3. A description of any other factors that are relevant to the

district’s proposal or refusal;

4. A statement that the parents of a child with a disability

have protections under the procedural safeguards specified in

this rule;

5. The means by which a copy of a description of the

procedural safeguards can be obtained; and

6. Sources for parents to contact to obtain assistance

understanding their procedural safeguards specified in this

rule.

(2) Provision of Procedural Safeguards to Parents.

(a) Parents must be provided a copy of their procedural

safeguards which provides a full explanation of the provisions

of subsections (1)-(12) of this rule relating to:

1. Prior written notice;

2. Provision of the procedural safeguards;

3. Informed parental consent;

4. Opportunity to examine records and participate in

meetings;

5. Mediation;

6. State complaint procedures, including a description of

how to file a complaint and the timelines under these

procedures;

7. Independent educational evaluation;

8. Discipline procedures;

9. Placement of student with disabilities in private school

by their parents when the provision of free appropriate public

education is at issue;

10. Transfer of rights at the age of majority;

11. Due process hearings, including the student’s

placement during the pendency of due process proceedings and

requirements for disclosure of evaluation results and

recommendations; and

12. Attorney’s fees;

13. Civil Action;

14. Placement in an interim alternative educational setting;

15. Unilateral placement by parents of children in private

schools at public expense.

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(b) A copy of the procedural safeguards must be available

to the parents of a child with a disability and must be given to

the parents, at a minimum:

1. Upon initial referral for evaluation;

2. Upon refusal of a parent’s request to conduct an initial

evaluation;

3. Upon each notification of an IEP meeting;

4. Upon consent for reevaluation of the student; and,

5. Upon receipt of a request for a due process hearing by

either the school district or the parent in accordance with

subsection (11) of this rule.

(3) Informed parental consent.

(a) Parents shall be fully informed of all information

relevant to the activity for which consent is sought in his or her

native language or other mode of communication unless it is

clearly not feasible to do so.

(b) Parents shall understand and agree in writing to the

carrying out of the activity for which consent is sought, and the

consent describes that activity and list the records, if any, that

will be released and to whom.

(c) Written parental consent shall be obtained prior to

conducting an initial individual evaluation to determine

eligibility, prior to initial provision of specially designed

instruction and related services to a student with a disability,

and prior to conducting a reevaluation for students with

disabilities except as provided in paragraph (3)(e) of this rule.

Consent for initial evaluation may not be construed as consent

for initial placement for receiving specially designed

instruction and related services.

(d) School districts shall document their attempts to secure

consent from the parent as required by paragraphs (3)(a) and

(c) of this rule. If consent is not obtained, and the school

district maintains that such services are required in order for

the student to be provided a free appropriate public education,

school district personnel may use the mediation procedures as

described in subsection (5) of this rule or may request a hearing

as provided in subsection (11) of this rule. The district may

evaluate or initially provide specially designed instruction and

related services to the student without the parent’s consent only

if an administrative law judge provides for such in the final

decision in a due process hearing held in accordance with

subsection (11) of this rule.

(e) Parental consent is required for reevaluation except

when the school district can demonstrate that it has taken

reasonable measures, consistent with those described in

paragraph (3)(d) of Rule 6A-6.03028, FAC., to obtain that

consent and the student’s parents have failed to respond.

(f) Parental consent is voluntary and may be revoked at

any time before the action occurs.

(g) A school district can not use a parent’s refusal to

consent to one service or activity under subsection (3) of this

rule to deny the parent or the student any other service, benefit,

or activity. Parents must be provided prior written notice, as

defined by subsection (1) of this rule prior to any proposal or

refusal to initiate or change the identification, or educational

placement of the student, or the provision of a free appropriate

public education to the student after the initial provision of

specially designed instruction.

(h) Parental consent is not required before:

1. Reviewing existing data as part of an evaluation or

reevaluation; or,

2. Administering a test or other evaluation that is

administered to all students unless, before administration of

that test or evaluation, consent is required of parents of all

students.

(4) Parents’ opportunity to examine records and

participate in meetings.

(a) The parents of a child with a disability shall be

afforded, in accordance with Rule 6A-1.0955, FAC., Section

228.093, Florida Statutes, and this rule, an opportunity to

inspect and review their child’s educational records including

all records related to the identification, evaluation, and

educational placement of the child and the provision of a free

appropriate public education to the child.

(b) The right to inspect and review education records

under this rule includes the right to have a representative of the

parent inspect and review the records.

(c) The school district must inform parents when

personally identifiable information collected, maintained, or

used is no longer needed to provide educational services to

their child. This information must be destroyed at the request

of the parent. However, a permanent record of a student’s

name, address, and phone number, his or her grades,

attendance record, classes attended, grade level completed, and

year completed may be maintained without time limitation.

(d) The parents of a child with a disability must be

afforded an opportunity to participate in meetings with respect

to the identification, evaluation, educational placement of their

child or the provision of a free appropriate public education to

their child. Parents shall be provided notice of such meetings

early enough to ensure that they will have an opportunity to

attend. The written notice to the parents must include the

purpose, time, location of the meeting, and who, by title or

position, will be attending. The notice must also include a

statement informing the parents that they have the right to

invite individuals with special knowledge or expertise about

their child.

(e) A meeting does not include informal or unscheduled

conversations involving school district personnel and

conversations on issues such as teaching methodology, lesson

plans, or coordination of service provision, if those issues are

not addressed in the student’s individual educational plan. A

meeting also does not include preparatory activities that the

school district personnel engage in to develop a proposal or

response to a parent proposal that will be discussed at a later

meeting.

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(5) Mediation. The Department of Education shall provide

parents of children with disabilities and school district

personnel the opportunity to resolve disputes involving any

matter related to a proposal or refusal to initiate or change the

identification, evaluation, educational placement of the student

or the provision of a free appropriate public education to the

student through a mediation process. To promote the resolution

of disputes, both parties should consider limiting the number of

participants in a mediation session.

(a) Requirements. The mediation process must:

1. Be voluntary on the part of both parties;

2. Not be used to deny or delay a parent’s right to a due

process hearing under subsection (11) of this rule or any other

rights under this rule;

3. Be conducted by a qualified and impartial mediator who

is trained in effective mediation techniques.

(b) The Department of Education shall maintain a list of

individuals who are qualified mediators and knowledgeable in

laws and regulations relating to the provision of special

education and related services.

(c) If a mediator is not selected on a random or rotational

basis from the list described in paragraph (5)(b) of this rule,

both the parent and the school district must be involved in

selecting the mediator and agree with the selection of the

individual who will mediate.

(d) The Department of Education shall bear the cost of the

mediation process described in subsection (5) of this rule.

(e) Each session in the mediation process must be

scheduled in a timely manner and must be held in a location

that is agreeable to both the parent and the school district.

(f) An agreement reached by the parent and the school

district to settle the dispute in the mediation process must be

set forth in a written mediation agreement.

(g) Discussions that occur during the mediation process

must be confidential and may not be used as evidence in any

subsequent due process hearings or civil proceedings. Both the

parent and the school district may be required to sign a

confidentiality pledge prior to the commencement of the

mediation process.

(h) Impartiality of the Mediator. An individual who serves

as a mediator:

1. May not be an employee of any school district or any

state agency that receives a subgrant of Individuals with

Disabilities Education Act funds through the Department of

Education.

2. Must not have a personal or professional conflict of

interest.

3. An individual who otherwise qualifies as a mediator is

not an employee of a school district, or state agency solely

because he or she is paid by the Department of Education to

serve as a mediator.

(6) State Complaint Procedures. The Department of

Education shall provide parents and other interested persons

the opportunity to resolve allegations that a school district has

violated state or federal requirements regarding the education

of students with disabilities through the establishment of state

complaint procedures. The Department of Education shall

disseminate to parents and other interested individuals,

including the parent training and information centers,

protection and advocacy agencies, and independent living

centers, its state complaint procedures.

(a) Within sixty (60) calendar days after a complaint is

filed under the provisions of this rule, the Department of

Education shall:

1. Carry out an independent on-site investigation, if the

Department of Education determines that an investigation is

necessary;

2. Give the complainant the opportunity to submit

additional information, either orally or in writing, about the

allegations in the complaint;

3. Review all relevant information and make an

independent determination as to whether the school district is

violating a state or federal requirement regarding the education

of students with disabilities;

4. Issue a written decision to the complainant that

addresses each issue presented in the complaint and contains

findings of fact, conclusions, and the reason(s) for the

Department of Education’s final decision; and

5. Extend the time limit established in paragraph (6)(a) of

this rule if exceptional circumstances exist with respect to a

particular complaint.

(b) Procedures for the effective implementation of the

Department of Education’s final decision include the

following:

1. Technical assistance activities;

2. Negotiations; and,

3. Corrective actions to achieve compliance.

(c) Relationship to due process hearings.

1. If a written complaint is received that is also the subject

of a due process hearing requested pursuant to subsection (11)

of this rule, or the complaint contains multiple issues, of which

one or more are part of that hearing, the Department of

Education shall set aside any part of the complaint that is being

addressed in the due process hearing until the conclusion of the

hearing. However, any issue in the complaint that is not a part

of the due process action must be resolved in compliance with

the procedures described in subsection (6) of this rule.

2. If an issue is raised in a complaint filed under this

subsection that has previously been decided in a due process

hearing involving the same parties, the administrative law

judge’s decision is binding and the Department of Education

shall inform the complainant to that effect.

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3. The Department of Education shall resolve any

complaint which alleges that a school district has failed to

implement a due process hearing decision.

(7) Independent educational evaluation.

(a) The parents of a child with a disability have the right to

obtain an independent educational evaluation for their child

and be provided upon request for an independent educational

evaluation information about where an independent

educational evaluation may be obtained and of the

qualifications of the evaluation specialist in accordance with

paragraph (4)(a) of Rule 6A-6.0331, FAC.

(b) Independent educational evaluation is defined to mean

an evaluation conducted by a qualified evaluation specialist as

prescribed in paragraph (4)(a) of Rule 6A-6.0331, FAC., who

is not an employee of the district school board.

(c) Public expense is defined to mean that the school

district either pays for the full cost of the evaluation or ensures

that the evaluation is otherwise provided at no cost to the

parent.

(d) Whenever an independent educational evaluation is

conducted, the criteria under which the evaluation is obtained,

including the location of the evaluation and the qualifications

of the evaluation specialist, shall be the same as the criteria

prescribed by paragraph (4)(a) of Rule 6A-6.0331, FAC., for

use by the school district when it initiates an evaluation to the

extent that those criteria are consistent with the parent’s right

to an independent educational evaluation.

(e) The school district may not impose conditions or

timelines for obtaining an independent educational evaluation

at public expense other than those criteria described in

paragraph (7)(d) of this rule.

(f) A parent has the right to an independent educational

evaluation at public expense if the parent disagrees with an

evaluation obtained by the school district.

(g) If a parent requests an independent educational

evaluation at public expense, the school district must, without

unnecessary delay either:

1. Ensure that an independent educational evaluation is

provided at public expense; or

2. Initiate a hearing under subsection (11) of this rule to

show that its evaluation is appropriate or that the evaluation

obtained by the parent did not meet the school district’s

criteria. If the school district initiates a hearing and the final

decision from the hearing is that the district’s evaluation is

appropriate then the independent educational evaluation

obtained by the parent will be at the parent’s expense.

(h) If a parent requests an independent educational

evaluation, the school district may ask the parent to give a

reason why he or she objects to the school district’s evaluation.

However, the explanation by the parent may not be required

and the school district may not unreasonably delay either

providing the independent educational evaluation at public

expense or initiating of a due process hearing to defend the

school district’s evaluation as described in subsection (11) of

this rule.

(i) Evaluations obtained at private expense. If the parent

obtains an independent educational evaluation at private

expense:

1. The school district shall consider the results of such

evaluation in any decision regarding the student if it meets the

appropriate criteria described in paragraph (7)(d) of this rule;

and,

2. The results of such evaluation may be presented as

evidence at any hearing authorized under subsection (11) of

this rule.

(j) If an administrative law judge requests an independent

educational evaluation as part of a hearing, the cost of the

evaluation must be at public expense.

(8) Discipline Procedures. Discipline procedures for

students with disabilities must be in accordance with the

provisions of Rule 6A-6.03312, FAC.

(9) Placement of students with disabilities in private

schools by their parents when the provision of a free

appropriate public education by the school district is at issue.

(a) If the school district has made a free appropriate public

education available to a student with a disability and the

parents elect to place the child in a private school or facility,

the school district is not required to pay for the cost of

education, including specially designed instruction and related

services.

(b) Disagreements between a parent and a school district

regarding the availability of a program appropriate for the

student, and the question of financial responsibility, are subject

to the due process procedures described in subsection (11) of

this rule.

(c) If the parents of a child with a disability, who

previously received specially designed instruction and related

services under the authority of a public agency, enroll the

student in a private preschool, elementary, or secondary school

without the consent of or referral by the school district, a court

or an administrative law judge may require the school district

to reimburse the parents for the cost of that enrollment; if the

court or administrative law judge finds that the school district

had not made a free appropriate public education available to

the student in a timely manner prior to that enrollment, and that

the private placement is appropriate. A parental placement may

be found to be appropriate by an administrative law judge or a

court even if it does not meet the state standards that apply to

education by the Department of Education and the school

district.

(d) The cost of reimbursement described in paragraph

(9)(c) of this rule may be reduced or denied in accordance with

the requirements of Sections 300.403(d)-(e) of Title 34 of the

Code of Federal Regulations.

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(10) Transfer of Rights of Students with Disabilities at the

Age of Majority. The purpose of this section is to establish

procedures for school districts to inform parents and students

of the long standing provisions of state law regarding the rights

and responsibilities that transfer to an individual upon attaining

the age of eighteen (18). The right to notice under this rule is

retained as a shared right of the parent and the student except

as provided in paragraph (10)(d) of this rule.

(a) At age eighteen (18), all other rights afforded to

parents under Part B of the Individuals with Disabilities

Education Act transfer to the student, unless the student has

been determined to be incompetent under state law as

established by Chapter 744, Florida Statutes, or a guardian

advocate has been appointed to make decisions affecting

educational services as provided by Section 393.12, Florida

Statutes.

(b) The school district shall notify the student and the

parent of the transfer of rights, when the student attains the age

of eighteen (18).

(c) The school district shall provide all notices required by

Rules 6A-6.03311 and 6A-6.03028, FAC., to both the student

who has attained age eighteen (18) and the student’s parent.

(d) For students who have attained age eighteen (18) and

are incarcerated in a juvenile justice facility or local

correctional facility, all rights accorded to parents under this

rule transfer to the student, including the right to notice as

described in paragraph (10)(a) of this rule.

(e) If a student with a disability has reached the age of

majority and does not have the ability to provide informed

consent with respect to his or her educational program,

procedures established by statute may be used by the parent to:

1. Have their child declared incompetent and the

appropriate guardianship established in accordance with the

provisions of Chapter 744, Florida Statutes;

2. Be appointed to represent the educational interests of

their child throughout the child’s eligibility for a specially

designed instruction and related services consistent with Rules

6A-6.03011 through 6A-6.03018, and Rules 6A-6.03020

through 6A-6.03023, FAC., in accordance with Section

393.12, Florida Statutes; or,

3. Have another appropriate individual appointed to

represent the educational interests of their child throughout the

child’s eligibility for specially designed instruction and related

services consistent with Rules 6A-6.03011 through

6A-6.03018, and Rules 6A-6.03020-6A-6.03025, FAC., if the

parent is not available in accordance with Section 393.12,

Florida Statutes.

(11) Due process hearings. While use of mediation and the

state complaint procedure may be preferable and less litigious,

due process hearings are required to be available to parents of

students with disabilities and to school districts to resolve

matters related to the identification, evaluation, or educational

placement of the student or the provision of a free appropriate

public education.

(a) Such hearings may be initiated by a parent or a school

district on the proposal or refusal to initiate or change the

identification, evaluation, or educational placement of the

student or the provision of a free appropriate public education

to the student.

(b) A hearing shall be conducted by an administrative law

judge from the Division of Administrative Hearings,

Department of Management Services, on behalf of the

Department of Education.

(c) An administrative law judge (ALJ) shall use subsection

(11) of this rule for any such hearings and shall conduct such

hearings in accordance with the Uniform Rules for

Administrative Proceedings, Chapter 28-106, FAC. The

procedures for these hearings shall include:

1. Prehearing summary of facts. Prior to the prehearing

conference set forth below, the moving party or petitioner shall

submit to the ALJ assigned to the case, a brief summary of

facts setting forth the facts which the petitioner believes are

related to the ALJ’s determination of the petitioner’s

entitlement to the relief sought. The summary shall also

include a description of the relief sought by the petitioner and

the reasons petitioner is entitled to the relief sought.

2. Prehearing Conference. A prehearing conference shall

be scheduled within ten (10) days of the Division of

Administrative Hearings’ (DOAH’s) receipt of the request for

a due process hearing. The purpose of the prehearing

conference shall be to consider any of the following, as

deemed appropriate by the ALJ:

a. Specifying and simplifying the issues;

b. Proposing resolutions;

c. Admitting facts to which both parties agree. A joint

written statement specifying the facts to which both parties

agree shall be provided to the ALJ within two (2) weeks of the

prehearing conference;

d. Preparation of documents that will be submitted by both

parties. An authenticated set of these documents shall be

exchanged by each party and one combined set shall be filed

with the ALJ within two (2) weeks of the prehearing

conference;

e. Preparation of a list of the witnesses to be used during

the hearing. The list of witnesses shall be filed with the ALJ

within two (2) weeks of the prehearing conference;

f. Establishing reasonable limitations and/or guidelines on

discovery between the parties. In setting the parameters for

discovery, the ALJ should consider the expedited nature of the

hearing process, the relative burden on the parties, and whether

the discovery sought is necessary or whether it could be

obtained by other, less burdensome means;

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g. Determining whether unusual circumstances exist that

would require the use of expedited discovery prior to the

hearing such as depositions, document production, or

interrogatories;

h. Determining whether unusual circumstances exist that

would require the filing of any motions or pleadings prior to or

during the hearing;

i. Determining the date, time, and place of the hearing and

how many days the parties may require to present their case.

j. Discussing other matters which may aid in simplifying

the proceeding or disposing of matters in dispute, including

settling matters in dispute.

3. Upon conclusion of the prehearing conference, the ALJ

shall issue a prehearing order setting forth the following:

a. The date, time and location of the hearing,

b. The issues to be resolved at the hearing,

c. The relief being sought,

d. The deadline, no later than five (5) days before the

hearing, for the parties to disclose their witness lists and

evidence to be used at the hearing,

e. Any reasonable limits on the amount of time for the

hearing,

f. Limitations or parameters for discovery,

g. The filing and dispositions of any requests or motions,

and

h. Other matters or relevant information as determined by

the ALJ.

4. No pleadings, other that the request for hearing, are

mandatory unless ordered by the ALJ.

5. The ALJ has the authority to issue subpoeneas to

compel the attendance of witnesses and the production of

records, to issue summary rulings in absence of a disputed

issue of material fact.

6. If there is conflict between the due process provisions

set forth in subsection (11) of this rule and Chapter 28-106,

FAC., the provisions of subsection (11) shall govern.

(d) Status of student during proceedings. Except as

provided in subsection (9) of Rule 6A-6.03312, FAC., during

the time that an administrative or subsequent judicial

proceeding regarding a due process hearing is pending, unless

the parent of the student and the district agree otherwise, the

student involved in the proceeding must remain in the present

educational placement. If the proceeding involves an

application for an initial admission to public school, the

student, with the consent of the parent, must be placed in a

public school program until the completion of all proceedings.

If the administrative law judge agrees with the parent and finds

that a change of placement is appropriate, that placement

becomes the agreed-upon placement during the pendency of

the appeal.

(e) Hearing rights for all parties.

1. Any party to a hearing conducted pursuant to subsection

(11) of this rule has the right:

a. To be represented by counsel or to be represented by a

qualified representative under the qualifications and standards

set forth in Rules 28-106.106 and 28-106.107, FAC., or to be

accompanied and advised by individuals with special

knowledge or training with respect to the problems of students

with disabilities, or any combination of the above;

b. To present evidence, and to confront, cross-examine,

and compel the attendance of witnesses;

c. To prohibit the introduction of any evidence at the

hearing that has not been disclosed to that party at least five (5)

business days before the hearing;

d. To obtain written, or at the option of the parents,

electronic verbatim record of the hearing at no cost to the

parents; and

e. To obtain written, or at the option of the parents,

electronic findings of fact and decisions at no cost to the

parents.

2. Additional disclosure of information.

a. At least five (5) business days prior to a hearing

conducted pursuant to subsection (11) of this rule, each party

shall disclose to all other parties all evaluations completed by

that date and recommendations based on the offering party’s

evaluations that the party intends to use at the hearing.

b. An administrative law judge may bar any party that fails

to comply with sub-subparagraph (11)(e)2.a. of this rule from

introducing the relevant evaluation or recommendation at the

hearing without the consent of the other party.

(f) Parental rights at hearings. In addition to the rights

identified in paragraph (11)(e) of this rule, parents involved in

hearings must be given the right to:

1. Have their child who is the subject of the hearing

present.

2. Open the hearing to the public.

(g) Duties and responsibilities of the superintendent or

designee shall include:

1. Implementing procedures that require the parent of a

child with a disability or the attorney representing the child, to

provide notice. The notice, must remain confidential and must

include: the name of the child; the address of the residence of

the child; the name of the school that the child is attending; a

description of the nature of the problem of the child relating to

the proposed or refused initiation or change, including facts

relating to the problem; and, a proposed resolution of the

problem to the extent known and available to the parents at the

time. However, the school district may not deny or delay a

parent’s right to a due process hearing for failure to provide

this notice.

2. Immediately forwarding the Division of Administrative

Hearings by facsimile transmission of the parents’ request for a

hearing upon its receipt.

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3. Notifying all parties regarding their rights and

responsibilities before, during, and after the hearing. This

notice should include information to the parent of any free or

low cost legal and other relevant services, including mediation

services, which are available, if the parent requests this

information or if the parent or school district initiates a

hearing.

4. Complying with the administrative law judge’s rulings

regarding requests for and exchanges of evidence; discovery;

the filing of motions; and, scheduling, so as to meet the

requirements of subsection (11) of this rule, and the deadlines

established herein.

5. Arranging for the provision and payment of clerical

assistance, the hearing, use of facilities, and a verbatim

transcript of the hearing.

6. Completing other responsibilities specified by the

school board.

7. To determine whether an interpreter is needed and

arranging for the interpreter as required;

(h) Duties and responsibilities of the Department of

Education shall include:

1. Maintaining a list of persons who serve as

administrative law judges, including a statement of the

qualifications of each of these persons;

2. Maintaining an index of the final orders of such

hearings and providing this information to the public upon

request; and,

3. Transmitting the findings and decisions, after deleting

any personally identifiable information, of any such hearings to

the Commissioner of Education for review by the State

Advisory Committee for the Education of Exceptional

Students.

4. Developing a model notice to assist parents in filing a

request for a due process hearing that includes the information

required in subparagraph (11)(g)1. of this rule.

(i) Duties and responsibilities of an administrative law

judge shall be:

1. To establish the date, time, and location of the hearing

and any pre-hearing conference calls and motion hearings.

Each hearing involving oral arguments must be conducted at a

time and place that is reasonably convenient to the parents and

their child;

2. To conduct the hearing in a fair and impartial manner;

3. To ensure that all discovery, motion practice, and

pre-trial procedures are conducted in an expedited manner,

consistent with the deadlines established by this rule

concerning the exchange of evidence and the issuance of the

final decision established by this rule.

4. To determine if the parent wants an electronic or written

copy of the final decision and the administrative record of the

hearing;

5. To determine whether the parent wants the hearing open

to the public and whether the parent wants their child to attend

the hearing;

6. To determine whether the parent’s advisor or counsel is

sufficiently knowledgeable about or trained with respect to the

problems of students with disabilities;

7. To determine how evidence may be exchanged prior to

and during the hearing;

8. To determine how witnesses may be compelled to

attend, be cross-examined, and confronted during discovery

and at the hearing;

9. To determine how evaluations and recommendations

may be disclosed prior to and during a hearing;

10. To summarize the facts and findings of the case and to

arrive at an impartial decision based solely on information

presented during the hearing;

11. To reach a final decision and mail to all parties copies

of the facts, findings, and decision regarding the hearing within

forty-five (45) days of the district’s receipt of the parent’s

request or the filing of the district’s request for a hearing,

whichever is sooner;

12. To be accountable for all deadlines and procedures

established by the statutes and rules for such hearings;

13. To maintain the confidentiality of all information; and

14. To rule on requests for specific extensions of time

beyond the periods set forth in subparagraph (11)(i)13. of this

rule, at the request of either party.

(j) Civil Action. A decision made in a hearing conducted

under subsection (11) of this rule shall be final; unless, within

thirty (30) days, a party aggrieved by the decision brings a civil

action in federal district or state circuit court without regard to

the amount in controversy, as provided in Section 1003.57(5),

Florida Statutes. The state circuit or federal district court shall:

receive the records of the administrative proceedings; hear, as

appropriate, additional evidence at the request of a party; and

basing its decision on the preponderance of the evidence, shall

grant the relief it determines appropriate. In the alternative, any

party aggrieved by the administrative law judge’s decision

shall have the right to request an impartial review by the

appropriate state district court of appeal as provided by

Sections 120.68 and 1003.57(5), Florida Statutes.

(12) Attorneys’ Fees.

(a) A district court of the United States or a state circuit

court may award reasonable attorneys’ fees as part of the costs

to the parents of a child with disabilities who is a prevailing

party in a due process hearing or in a subsequent judicial

proceeding.

(b) A parent of a child with a disability who is a prevailing

party in the due process hearing or in a further proceeding may

bring an action in a federal district court or a state circuit court

for attorneys’ fees within the time determined by law.

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(c) The determination of the amount of attorneys’ fees by

the court shall be consistent with the provisions of 300.513(c)

of Title 34 of the Code of Federal Regulations.

Specific Authority 1001.02(1), 1001.42(4) 120.53(1)(b), 228.041(18)(19),

229.053(1), 230.23(4)(m), 236.081(1)(c) FS. Law Implemented

1003.01(3)(a)-(b), 1001.03(8), 1101.62(1)(c), 1003.57(5) 120.53(1)(b),

228.041(18)(19), 229.053(1), 230.23(4)(m) FS., P.L. 105-17 94-142, 20 USC

1414 and 1415. History–New 7-13-83, Amended 12-20-83, 4-26-84, Formerly

6A-6.3311, Amended 7-17-90, ________.

6A-6.03312 Discipline Procedures for Students with

Disabilities.

For students whose behavior impedes their learning or the

learning of others, strategies, including positive behavioral

interventions and supports to address that behavior must be

considered in the development of the students’ individual

educational plans (IEPs). Procedures for providing discipline

for students with disabilities must be consistent with the

requirements of this rule.

(1) Definitions.

(a) Change of placement. For the purpose of removing a

student with a disability from the student’s current educational

placement as specified in the student’s individual educational

plan (IEP) under this rule, a change of placement occurs when:

1. The removal is for more than ten (10) consecutive

school days, or

2. A series of removals constitutes a pattern because the

removals cumulate to more than ten (10) school days in a

school year, and because of factors such as the length of each

removal, the total amount of time the student is removed, and

the proximity of the removals to one another.

(b) Positive behavioral support. Positive behavioral

support is a process for designing and implementing

individualized behavioral intervention plans based on

understanding relationships between the student’s behavior

and his or her environment as determined through a functional

behavioral assessment.

(c) Functional behavioral assessment. A functional

behavioral assessment (FBA) is a process for developing a

useful understanding of how behavior relates to the

environment and may include any or all of the following:

review of records, interviews, observations, and the collection

of data using formal or informal measurement procedures.

(d) Controlled substance. A controlled substance is a drug

or other substance identified through the Controlled

Substances Act, 21 U.S.C. 812(c), and Section 893.02(4),

Florida Statutes.

(e) Illegal Drug. An illegal drug means a controlled

substance but does not include a substance that is legally

possessed or used under the supervision of a licensed

health-care professional or that is legally possessed or used

under any other authority under the Controlled Substances Act,

21 U.S.C. 812(c) or under any other provision of federal law.

(f) Weapon. A weapon is defined in Section 790.001(13),

Florida Statutes, and includes a dangerous weapon, device,

instrument, material, or substance, animate or inanimate, that is

used for, or is readily capable of, causing death or serious

bodily injury.

(g) Firearm. A firearm is defined in Section 790.001(6),

Florida Statutes.

(h) Individual Educational Plan (IEP) Team. An IEP team

must meet the requirements specified in subsection (4) of Rule

6A-6.03028, FAC.

(i) Manifestation Determination. A manifestation

determination examines the relationship between the student’s

disability and a specific behavior that may result in disciplinary

action.

(j) Interim Alternative Educational Setting. An interim

alternative educational setting (IAES) is a different location

where educational services are provided for a specific time

period due to disciplinary reasons and that meets the

requirements of paragraph (6)(a) of this rule.

(k) Expedited Due Process Hearings. Expedited due

process hearings shall be conducted by an administrative law

judge for the Division of Administrative Hearings, Department

of Management Services, on behalf of the Department of

Education, and shall be held at the request of either the parent

or the school district regarding disciplinary actions. These

hearings must meet the requirements prescribed in subsection

(11) of Rule 6A-6.03311, FAC., except that the written

decision must be mailed to the parties within forty-five (45)

calendar days of the school district’s receipt of the parent’s

request for the hearing or the filing of the district’s request for

the hearing without exceptions or extensions.

(l) Short Term Removals. A short term removal is the

removal of a student with a disability from the student’s

current placement for a total of ten (10) school days or less in a

school year that does not constitute a change in placement as

defined in paragraph (1)(a) of this rule.

(m) Long Term Removals. A long term removal is the

removal of a student with a disability from the student’s

current placement for more than ten (10) school days in a

school year which may or may not constitute a change in

placement as defined in paragraph (1)(a) of this rule.

Substantial evidence.

(n) Substantial evidence shall be defined to mean beyond a

preponderance of the evidence.

(2) Authority of School Personnel. Consistent with the

school board’s Code of Student Conduct and to the extent that

removal would be applied to students without disabilities,

school personnel may order:

(a) The removal of a student with a disability from the

student’s current placement for not more than ten (10)

consecutive school days.

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(b) Additional removals of a student with a disability of

not more than ten (10) consecutive school days in that same

school year for separate incidents of misconduct as long as

those removals do not constitute a change in placement as

defined in paragraph (1)(a) of this rule.

(3) Manifestation Determination. A manifestation

determination, consistent with the following requirements,

must be made any time disciplinary procedures result in a

change of placement.

(a) In conducting the review, the IEP team and other

qualified personnel shall:

1. Consider all relevant evaluation and diagnostic

information including information supplied by the parents of

the student, observations of the student, the student’s current

IEP and placement, and any other relevant information, then

2. Determine, in relationship to the behavior subject to

disciplinary action:

a. Whether the student’s IEP and placement were

appropriate and whether the special education services,

supplementary aids and services, accommodations and

modifications as defined in paragraphs (2)(e) and (f) of Rule

6A-6.03028, FAC., and positive behavior intervention

strategies were provided consistent with the student’s IEP and

placement;

b. Whether the student’s disability impaired the ability of

the student to understand the impact and consequences of the

behavior subject to disciplinary action; and

c. Whether the student’s disability impaired the student’s

ability to control the behavior subject to disciplinary action.

(b) If the IEP team and other qualified personnel

determine that the student’s behavior was not related to the

disability, the relevant disciplinary procedures applicable to

students without disabilities may be applied to the student in

the same manner in which they would be applied to students

without disabilities. However, services consistent with

subsection (5) of this rule must be provided.

(c) With the exception of placement in an interim

alternative educational setting, as described in paragraphs

(1)(j) and (6)(b) of this rule, if the IEP team determines that the

student’s behavior was a manifestation of the disability, the

student’s placement cannot be changed by school personnel as

a disciplinary intervention. However, the IEP team may

determine that a change of placement is necessary to provide

the student a free, appropriate public education in the least

restrictive environment.

(d) If the IEP team and other qualified personnel

determine that any of the requirements of subparagraph

(3)(a)2. of this rule were not met, the behavior subject to

disciplinary action must be considered a manifestation of the

student’s disability.

(e) The review described in paragraph (3)(a) of this rule

may be conducted at the same IEP meeting that is required by

paragraph (4)(b) of this rule.

(f) Immediate steps must be taken to remedy any

deficiencies in the student’s IEP or placement or in their

implementation that were identified during the manifestation

determination.

(g) If a parent disagrees with the manifestation

determination decision made by the IEP team pursuant to this

rule, the parent may request an expedited due process hearing

as described in subsection (7) of this rule.

(4) Long Term Removals. For all such removals

contemplated:

(a) The school district must notify the parent of the

removal decision and provide the parent with a copy of the

notice of procedural safeguards as referenced in Rule

6A-6.03311, FAC., on the same day as the date of the removal

decision;

(b) An IEP meeting must be held immediately if possible

but in no case later than ten (10) school days after the removal

decision to conduct a manifestation determination review as

described in subsection (3) of this rule;

(c) Services consistent with subsection (5) of this rule

must be provided;

(d) Either before or not later than ten (10) business days

after either first removing the student for more than ten (10)

school days in a school year or beginning with a removal that

constitutes a change in placement:

1. If the school district did not conduct a functional

behavioral assessment (FBA) and implement a positive

behavior intervention plan (PBIP) for the student before the

behavior that resulted in the removal, the IEP team must meet

to develop an assessment plan.

2. As soon as practicable after developing the assessment

plan and completing the FBA, as prescribed in subparagraph

(4)(d)1., of this rule, the IEP team must meet to develop an

appropriate PBIP to address the behavior and shall implement

the PBIP.

3. If the student has a PBIP, the IEP team shall meet to

review the plan and its implementation and revise the plan and

its implementation as necessary to address the behavior.

(e) If subsequently, a student with a disability who has a

PBIP and who has been removed from the student’s current

placement for more than ten (10) school days in a school year

is subjected to a removal that does not constitute a change in

placement as described in paragraph (1)(a) of this rule:

1. The IEP team shall review the PBIP and its

implementation to determine if revisions are necessary.

2. If one or more of the IEP team members believe that

revisions are needed, the IEP team shall revise the plan and its

implementation to the extent that the IEP team determines is

necessary.

(5) Free Appropriate Public Education for Students with

Disabilities who are Suspended or Expelled.

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(a) A school district is not required to provide services to a

student with a disability during short-term removals totaling

ten (10) school days or less in a school year, if services are not

provided to students without disabilities during such removals.

(b) Beginning on the eleventh cumulative school day of

removal in a school year, a school district must provide a free

appropriate public education (FAPE) to a student with a

disability, consistent with the requirements of this rule and the

following:

1. A school district must provide services to such a student

to the extent necessary to enable the student to appropriately

progress in the general curriculum and appropriately advance

toward achieving the goals in the student’s IEP.

2. If the removal is not for more than ten (10) consecutive

school days in a school year and is not considered a change in

placement, consistent with paragraph (1)(a) of this rule, school

personnel, in consultation with the student’s special education

teacher(s), shall determine the extent to which services are

necessary to enable the student to appropriately progress in the

general curriculum and appropriately advance toward

achieving the student’s IEP goals.

(c) If the removal is due to behavior that was determined

not to be a manifestation of the student’s disability, the IEP

team shall determine the extent to which services are necessary

to enable the student to appropriately progress in the general

curriculum and appropriately advance toward achieving the

student’s IEP goals.

(6) Interim Alternative Educational Setting (IAES).

(a) The IEP team must determine the IAES, unless it is

determined by an administrative law judge in accordance with

paragraph (8)(a) of this rule.

1. The IAES must be selected so as to enable the student to

continue to progress in the general curriculum and to continue

to receive these services, accommodations, and modifications,

including those described in the student’s current IEP, that will

enable the student to meet the IEP goals.

2. The IAES must include services, accommodations, and

modifications to address the behavior that resulted in the

change of placement and that are designed to prevent the

misconduct from recurring.

(b) School personnel may place a student in an IAES

without the consent of the parent for the same amount of time a

student without a disability would be placed, but for not more

than forty-five (45) calendar days. Such a placement can only

occur if the student:

1. Carries a weapon or firearm to school or to a school

function, or

2. Knowingly possesses or uses illegal drugs or sells or

solicits the sale of a controlled substance while at school or a

school function.

(c) School personnel must notify the parent of any IAES

placement contemplated and provide the parent with a copy of

the notice of procedural safeguards, referenced in Rule

6A-6.03311, FAC., on the day the placement decision is made.

(7) Expedited Hearings.

(a) An expedited hearing may be requested:

1. By the student’s parent if the parent disagrees with a

manifestation determination or with any decision not made by

an administrative law judge regarding a change in placement

under this rule.

2. By the school district if school personnel maintain that

the current placement of the student is substantially likely to

result in injury to the student or to others (prior to removal to

an interim alternative education setting) during the pendency

of a due process hearing or an appeal as prescribed in

subsection (11) of Rule 6A-6.03311, FAC.

(b) School district personnel may request subsequent

expedited hearings for alternative placements if a forty-five

(45) day term has expired, the district maintains that the

student’s behavior continues to be and is dangerous and still

likely to result in injury to the student or others.

(c) The decision of the administrative law judge rendered

in an expedited hearing may be appealed by bringing a civil

action in a federal district or state circuit court, as provided in

Section 1003.57(5), Florida Statutes or by requesting an

impartial review by the appropriate district court of appeal as

provided by Sections 120.68 and 1003.57(5), Florida Statutes.

(8) Authority of an administrative law judge.

(a) An administrative law judge may order a change in the

placement of a student with a disability to an appropriate

interim alternative or another educational setting for not more

than forty-five (45) calendar days if the administrative law

judge, in an expedited due process hearing:

1. Determines that the school district has demonstrated by

substantial evidence that maintaining the current placement of

the student is substantially likely to result in injury to the

student or to others;

2. Considers the appropriateness of the student’s current

placement;

3. Considers whether the school district has made

reasonable efforts to minimize the risk of harm in the student’s

current placement, including the use of supplementary aids and

services; and

4. Determines that the interim alternative educational

setting (IAES) that is proposed by school personnel who have

consulted with the student’s special education teacher meets

the requirements of subparagraphs (6)(a)1.-2. of this rule.

(b) In reviewing a decision with respect to the

manifestation determination, the administrative law judge shall

determine whether the school district has demonstrated that the

student’s behavior was not a manifestation of the student’s

disability consistent with the requirements of subsection (3) of

this rule.

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(c) In reviewing a decision to place a student in an IAES,

the administrative law judge shall apply the requirements of

subsection (6) and paragraph (8)(a) of this rule.

(9) Student’s Placement During Proceedings.

(a) If a parent requests a hearing or an appeal to challenge

an IAES placement, a manifestation determination or

disciplinary action resulting from the student’s involvement

with a weapon, illegal drugs, or a controlled substance, the

student must remain in the IAES pending the decision of the

administrative law judge or until the expiration of the

forty-five (45) day time period, whichever occurs first, unless

the parent and the school district agree otherwise.

(b) If the school district proposes to change the student’s

placement after the expiration of the forty-five day period of

the IAES placement, and the parent challenges that proposed

change of placement, the student must return to his or her

placement prior to the IAES, except as provided in paragraph

(7)(b) of this rule.

(c) In accordance with paragrpah 6A-6.03311(11)(d),

FAC., and Section 1003.57(5), Florida Statutes, except as

specified in paragraphs (9)(a)-(b) of this rule, if a parent

requests for a hearing to challenge a manifestation

determination, the student must remain in the current

educational placement, unless the parent of the student and the

district agree otherwise.

(10) Protections for Students not Yet Eligible for Special

Education. A regular education student who is the subject of

disciplinary actions may assert any of the protections afforded

to a student with a disability if the school district had

knowledge of the student’s disability before the misbehavior

occurred for which the disciplinary action is being taken.

(a) Basis of knowledge. A school district is determined to

have knowledge that a student may have a disability if:

1. The parent has expressed concerns in writing or orally,

if the parent does not know how to write or has a disability that

prevents a written statement, to school district personnel that

the student needs special education and related services;

2. The behavior or performance of the student

demonstrates the need for special education;

3. The parent has requested an evaluation to determine a

need for possible special education; or

4. The teacher of the student or other school district

personnel have expressed concern about the student’s behavior

or performance to the special education director or to other

appropriate school district personnel in accordance with the

school district’s child find or special education referral system.

(b) Exception. A school district would not be deemed to

have knowledge if, as a result of receiving the information

specified in paragraph (10)(a) of this rule, the school district:

1. Conducted an evaluation and determined that the

student was not a student with a disability; or

2. Determined that an evaluation was not necessary; and

3. Provided notice to the student’s parents of the

determination that the student was not a student with a

disability as required by Rule 6A-6.03311, FAC.

(c) Conditions that Apply if No Basis of Knowledge.

1. If the school district has no knowledge that the student

is a student with a disability prior to disciplinary action, the

student may be disciplined in the same manner as a student

without a disability.

2. If an evaluation request is made for the student during

the time period of the disciplinary action, the evaluation shall

be conducted in an expedited manner. Until the evaluation is

completed, the student remains in the educational placement

determined by school authorities, which can include

suspension or expulsion without educational services. After

considering the evaluation results and information provided by

the parents, if the student is determined to be a student with a

disability, the school district shall provide special education

and related services consistent with the requirements of this

rule.

(11) Student Records in Disciplinary Procedures. School

districts shall ensure that the special education and disciplinary

records of students with disabilities are transmitted, consistent

with the provisions of Section 1002.22, Florida Statutes, and

Rule 6A-1.0955, FAC:

(a) For consideration by the person making the final

determination regarding the disciplinary action, and

(b) For consideration by the appropriate authorities to who

school districts report crimes.

(12) Disciplinary Records of Students with Disabilities.

School districts shall include in the records of students with

disabilities a statement of any current or previous disciplinary

action that has been taken against the student and transmit the

statement to the same extent that the disciplinary information is

included in, and transmitted with the student records of

nondisabled students.

(a) The statement may be a description of any behavior

engaged in by the student that required disciplinary action, a

description of the disciplinary action taken, and any other

information that is relevant to the safety of the student and

other individuals involved with the student.

(b) If the student transfers from one school to another, the

transmission of any of the student’s records must include both

the student’s current individual educational plan (IEP) and any

statement of current or previous disciplinary action that has

been taken against the student.

Specific Authority 1001.02(1), 1003.57(5), 1006.09 FS. Law Implemented

1006.09, 1003.01(3)(a)-(b), 1003.57(5), 1001.03(8) FS., P.L. 105-17, 20 USC

1401, 1414, and 1415. History–New ________.

6A-6.03313 Procedural Safeguards for Exceptional

Students who are Gifted.

Providing parents with information regarding their rights under

this rule is critical to ensuring that they have the opportunity to

be partners in the decisions regarding their children. It is also

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critical that local school boards provide information about

these rights to appropriate district and school personnel so that

the needs of the student can be identified and appropriately

met. The school board’s policy and procedures for procedural

safeguards shall be set forth in accordance with Rule

6A-6.03411, FAC., and shall include adequate provisions for

the following:

(1) Prior notice. The school district shall provide parents

with prior written notice a reasonable time before any proposal

or refusal to initiate or change the identification, evaluation,

educational placement of the student or the provision of a free

appropriate public education to the student.

(a) The prior notice to the parents shall be written in

language understandable to the general public and shall be

provided in the native language or other mode of

communication commonly used by the parent unless such

communication is clearly not feasible to do so.

(b) If the parents’ mode of communication is not a written

language, the school district shall ensure:

1. That the notice is translated to the parents orally or by

other means in their native language or mode of

communication;

2. That the parents understand the content of the notice;

and

3. That there is written documentation that the

requirements of subparagraphs (1)(b)1. and 2. of this rule have

been met.

(c) The notice to the parents shall include:

1. A description of the action proposed or refused by the

district, an explanation of why the district proposes or refuses

to take the action, and a description of any other options the

district considered and the reasons why those options were

rejected;

2. A description of each evaluation procedure, test, record,

or report the district used as a basis for the proposed or refused

action;

3. A description of any other factors that are relevant to the

district’s proposal or refusal; and

4. Information on how the parent can obtain a copy of the

procedural safeguards specified in this rule.

(2) Content and Provision of the Procedural Safeguards to

Parents.

(a) Parents must be provided a copy of their procedural

safeguards which provides a full explanation of the provisions

included in this rule.

(b) A copy of the procedural safeguards must be available

to the parents of a child who is gifted, and must be given to the

parents, at a minimum:

1. Upon initial referral for evaluation;

2. Upon refusal of a parent’s request to conduct an initial

evaluation;

3. Upon notification of each EP meeting; and

4. Upon receipt of a request for a due process hearing by

either the school district or the parent in accordance with

subsection (7) of this rule.

(3) Informed parental consent.

(a) Parents shall be fully informed of all information

relevant to the action for which consent is sought in their native

language or other mode of communication unless such

communication is clearly not feasible.

(b) Written parental consent shall be obtained prior to

conducting an initial evaluation to determine eligibility and

prior to initial provision of services to students who are gifted.

(c) School districts shall document the attempts to secure

consent from the parent as required by paragraph (3)(b) of this

rule.

(d) Parental consent is voluntary and may be revoked at

any time before the action occurs.

(e) Except for formal, individual evaluation and the initial

provision of services to the student, consent may not be

required as a condition of any other benefit to the parent or

child. Any proposal or refusal to initiate or change the

identification, evaluation, or educational placement or the

provision of a free appropriate public education to the student

after the initial placement is not subject to parental consent but

is subject to prior notice as defined by subsection (1) of this

rule.

(f) Parental consent is not required before:

1. Reviewing existing data as part of an evaluation; or,

2. Administering a test or other evaluation that is

administered to all students unless, before administration of

that test or evaluation, consent is required of parents of all

children.

(4) Parents’ opportunity to examine records and

participate in meetings.

(a) The parents of students who are gifted shall be

afforded, in accordance with Rule 6A-1.0955, FAC., Section

1002.22, Florida Statutes, and this rule, an opportunity to

inspect and review their child’s educational records.

(b) The right to inspect and review education records

under this rule includes the right to have a representative of the

parent inspect and review the records including all records

related to the identification, evaluation, and educational

placement of the child and the provision of a free appropriate

public education to the child.

(c) The parents of a student who is gifted must be afforded

an opportunity to participate in meetings with respect to the

development of their child’s educational plan.

(5) Evaluations obtained at private expense. If the parent

obtains an independent evaluation at private expense which

meets the requirements of subsection (4) of Rule 6A-6.0331,

FAC., the results of the evaluation must be considered by the

school district in any decision made with the respect to the

determination of eligibility for exceptional student education

services.

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(a) The results of such evaluation may be presented as

evidence at any hearing authorized under subsection (7) of this

rule.

(b) If an administrative law judge requests an independent

educational evaluation as part of a hearing, the cost of the

evaluation must be at public expense, as defined in paragraph

(7)(c) of Rule 6A-6.03411, FAC.

(6) State Complaint Procedures. The Department of

Education shall provide parents and other interested persons

the opportunity to resolve allegations that a school district has

violated state requirements regarding the education of students

who are gifted through the establishment of state complaint

procedures.

(a) Within ninety (90) calendar days after a complaint is

filed, under the provisions of this rule, the Department of

Education shall:

1. Carry out an independent on-site investigation, if the

Department of Education determines that to be necessary;

2. Give the complainant the opportunity to submit

additional information, either orally or in writing, about the

allegations in the complaint;

3. Review all relevant information and make an

independent determination as to whether the school district is

violating a state requirement regarding the education of

students who are gifted;

4. Issue a written decision on the complaint that addresses

each issue presented in the complaint and contains findings of

fact, conclusions, and the reason(s) for the Department of

Education’s final decision; and

5. Extend the time limit established in paragraph (6)(a) of

this rule if exceptional circumstances exist with respect to a

particular complaint.

(b) Procedures for the effective implementation of the

Department of Education’s final decision include the

following:

1. Technical assistance activities;

2. Negotiations; and,

3. Corrective actions to achieve compliance.

(c) Relationship to due process hearings.

1. If a written complaint is received that is also the subject

of a due process hearing requested pursuant to subsection (7)

of this rule, or the complaint contains multiple issues, of which

one or more are part of that hearing, the Department of

Education shall set aside any part of the complaint that is being

addressed in the due process hearing until the conclusion of the

hearing. However, any issue in the complaint that is not a part

of the due process action must be resolved in compliance with

the procedures described in subsection (6) of this rule.

2. If an issue is raised in a complaint filed under this

subsection that has previously been decided in a due process

hearing involving the same parties, the administrative law

judge’s decision is binding and the Department of Education

shall inform the complainant to that effect.

3. The Department of Education shall resolve any

complaint that alleges that a school district has failed to

implement a due process hearing decision.

(7) Due process hearings. Due process hearings shall be

available to parents of students who are gifted and to school

districts to resolve matters related to the identification,

evaluation, or educational placement of the student or the

provision of a free appropriate public education.

(a) Such hearings may be initiated by a parent or a school

district on the proposal or refusal to initiate or change the

identification, evaluation, or educational placement of the

student or the provision of a free appropriate public education

to the student.

(b) A hearing shall be conducted by an administrative law

judge from the Division of Administrative Hearings,

Department of Management Services, on behalf of the

Department of Education.

(c) An administrative law judge (ALJ) shall use subsection

(7) of this rule for any such hearings and shall conduct such

hearings in accordance with the Uniform Rules for

Administrative Proceedings, Chapter 28-106, FAC., as deemed

appropriate by the ALJ including, but not limited to: the

authority of a party to request a pre-hearing conference, the

authority of the ALJ to issue subpoenas to compel the

attendance of witnesses and the production of records, and the

authority of the ALJ to issue summary rulings in absence of a

disputed issue of material fact.

(d) Status of student during proceedings.

1. During the time that an administrative or subsequent

judicial proceeding regarding a due process hearing is pending,

unless the district and the parent of the student agree otherwise,

the student involved in the proceeding must remain in the

present educational assignment. If the proceeding involves an

application for an initial admission to public school, the

student, with the consent of the parent, must be placed in a

public school program until the completion of all proceedings.

2. If the administrative law judge agrees with the parent

and finds that a change of placement is appropriate, that

placement becomes the agreed-upon placement during the

pendency of the appeal.

(e) Hearing rights for all parties.

1. Any party to a hearing conducted pursuant to subsection

(7) of this rule has the right:

a. To be accompanied and advised by counsel, or a

qualified representative under the rules of the Division of

Administrative Hearings or by individuals with special

knowledge or training with respect to students who are gifted

or any combination of the above;

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b. To present evidence, and to confront, cross-examine,

and compel the attendance of witnesses;

c. To prohibit the introduction of any evidence at the

hearing that has not been disclosed to that party at least five (5)

business days before the hearing;

d. To obtain written, or at the option of the parents,

electronic, verbatim record of the hearing at no cost to the

parents; and

e. To obtain written, or at the option of the parents,

electronic findings of fact and decisions at no cost to the

parents.

2. Additional disclosure of information.

a. At least five (5) business days prior to a hearing

conducted pursuant to subsection (7) of this rule, each party

shall disclose to all other parties all evaluations completed by

that date and recommendations based on the offering party’s

evaluations that the party intends to use at the hearing.

b. An administrative law judge may bar any party that fails

to comply with subparagraph (7)(e)2. of this rule from

introducing the relevant evaluation or recommendation at the

hearing without the consent of the other party.

(f) Parental rights at hearings. Parents involved in hearings

must be given, in addition to the rights described in paragraph

(7)(e) of this rule, the right to:

1. Have their child who is the subject of the hearing

present; and

2. Open the hearing to the public.

(g) Duties and responsibilities of the superintendent or

designee shall include:

1. Implementing procedures that require the parent of a

child who is gifted, or the attorney representing the child, to

provide notice to the school district. The notice required, which

must remain confidential, must include: the name of the child;

the address of the residence of the child; the name of the school

the child is attending; a description of the nature of the problem

relating to the proposed or refused initiation or change,

including facts relating to the problem; and, a proposed

resolution of the problem to the extent known and available to

the parents at the time. However, the school district may not

deny or delay a parent’s right to a due process hearing for

failure to provide this notice.

2. Immediately forwarding the Division of Administrative

Hearings by facsimile transmission of the parent’s request for a

hearing upon its receipt;

3. Notifying all parties regarding their rights and

responsibilities before, during, and after the hearing. This

notice should include information to the parent of any free or

low cost legal and other relevant services, which are available,

if the parent requests this information or if the parent or school

district initiates a hearing.

4. Determining whether an interpreter is needed and

arranging for the interpreter as required;

5. Complying with the administrative law judge’s rulings

regarding requests for and exchanges of evidence; discovery;

the filing of motions and, scheduling, so as to meet the

requirements of this rule, and the deadlines established herein.

6. Arranging for the provision and payment of clerical

assistance, the hearing, use of facilities, and a verbatim

transcript of the hearing;

7. Completing other responsibilities specified by the

school board.

(h) Duties and responsibilities of the Department of

Education shall include:

1. Maintaining a list of persons who serve as

administrative law judges including a statement of the

qualifications of each of these persons; and,

2. Maintaining an index of the final orders of such

hearings and providing this information to the public upon

request.

(i) Duties and responsibilities of an administrative law

judge shall be:

1. To establish the date, time, and location of the hearing

and any pre-hearing conference calls and motion hearings.

Each hearing involving oral arguments must be conducted at a

time and place that is reasonably convenient to the parents and

their child;

2. To conduct the hearing in a fair and impartial manner;

3. To ensure that all discovery, motion practice, and

pre-hearing procedures are conducted in an expedited manner,

consistent with the deadlines established by this rule

concerning the exchange of evidence and the issuance of the

final decision.

4. To determine if the parent wants an electronic or written

copy of the final decision and the administrative record of the

hearing;

5. To determine whether the parent wants the hearing open

to the public and whether the parent wants their child to attend

the hearing;

6. To determine whether the parent’s advisor or

representative is sufficiently knowledgeable about or trained

regarding students who are gifted;

7. To determine how evidence may be exchanged prior to

and during the hearing;

8. To determine how witnesses may be compelled to

attend, be cross-examined, and confronted during discovery

and at the hearing;

9. To determine how evaluations and recommendations

may be disclosed prior to and during a hearing;

10. To summarize the facts and findings of the case and to

arrive at an impartial decision based solely on information

presented during the hearing;

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11. To reach a final decision and mail to all parties copies

of the facts, findings and decision regarding the hearing within

forty-five (45) days of the district’s receipt of the parent’s

request or the filing of the district’s request for a hearing,

whichever is sooner;

12. To be accountable for compliance with all deadlines

and procedures established by the statutes and rules for such

hearings;

13. To maintain the confidentiality of all information; and

14. To rule on requests for specific extensions of time

beyond the periods set forth in subsection (7) of this rule, at the

request of either party.

(j) Civil action. A decision made in a hearing conducted

under subsection (7) of this rule shall be final, unless, within

thirty (30) days, a party aggrieved by the decision brings a civil

action in state circuit court without regard to the amount in

controversy, as provided in Section 1003.57(5), Florida

Statutes. The state circuit court shall: receive the records of the

administrative proceedings; hear, as appropriate, additional

evidence at the request of a party; and, basing its decision on

the preponderance of the evidence, shall grant the relief it

determines appropriate. In the alternative, any party aggrieved

by the administrative law judge’s decision shall have the right

to request an impartial review by the appropriate district court

of appeal as provided by Sections 120.68 and 1003.57(5),

Florida Statutes.

Specific Authority 1001.02(1), 1001.42(4)(l) FS. Law Implemented

1003.01(3)(a)-(b), 1003.57(5), 1001.03(8) FS. History–New ________

6A-6.03314 Procedural Safeguards for Students with

Disabilities Enrolled in Private Schools by Their Parents.

Providing parents, who have enrolled their children in private

schools, and private school personnel with information

regarding parents’ rights under this rule is necessary so that

they have information regarding the school district services

that continue to be available to their children.

(1) Rights of children with disabilities enrolled by their

parents in private schools. Except as provided in subsection (9)

of Rule 6A-6.03311, FAC., a child with a disability who has

been enrolled in a private school by his or her parent does not

have an individual right to receive some or all of the specially

designed instruction and related services that the child would

receive if enrolled in a public school.

(2) Prior notice. The district shall provide parents with

prior written notice a reasonable time before a school district

proposes or refuses to initiate or change the identification,

evaluation or educational placement of the student.

(a) The prior notice to the parents shall be written in

language understandable to the general public and shall be

provided in the native language or other mode of

communication commonly used by the parents unless such

communication is clearly not feasible to do so.

(b) If the parents’ mode of communication is not a written

language, the school district shall ensure:

1. That the notice is translated orally to the parents in their

native language or mode of communication;

2. That the parents understand the content of the notice;

and

3. That there is written documentation that the

requirements of subparagraphs (2)(b)1. and (2)(b)2. of this rule

have been met.

(c) The notice to the parents shall include:

1. A description of the action proposed or refused by the

district, an explanation of why the district proposes or refuses

to take the action, and a description of any options the district

considered and the reasons why those options were rejected;

2. A description of each evaluation procedure, test, record,

or report the district used as a basis for the proposal or refusal;

3. A description of any other factors relevant to the

district’s proposal or refusal;

4. A statement that the parents of a child with a disability

have protections under the procedural safeguards specified in

this rule.

5. The means by which a copy of a description of the

procedural safeguards can be obtained.

6. Sources for parents to contact to obtain assistance

understanding their procedural safeguards specified in this

rule.

(3) Informed parental consent.

(a) Parents shall be fully informed of all information

relevant to the activity for which consent is sought in his or her

native language or other mode of communication unless it is

clearly not feasible to do so.

(b) Written parental consent shall be obtained prior to the

school district conducting a formal, individual evaluation to

determine eligibility for specially designed instruction and

related services, prior to initial provision of specially designed

instruction and related services, and prior to conducting a

reevaluation for students with disabilities except as provided in

paragraph (3)(e) of this rule.

(c) School districts shall document the attempts to secure

consent from the parent as required by paragraphs (3)(a)-(b) of

this rule.

(d) Parental consent is voluntary and may be revoked at

any time before the school district’s action occurs.

(e) Parental consent is required for reevaluation except

when the school district can demonstrate that it has taken

reasonable measures, consistent with those described in

paragraph (3)(d) of Rule 6A-6.03028, FAC., to obtain that

consent and the student’s parents have failed to respond.

(4) Parents’ opportunity to examine records and

participate in meetings.

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(a) The parents of a child with a disability shall be

afforded, in accordance with Rule 6A-1.0955, FAC., Section

1002.22, Florida Statutes, and this rule, an opportunity to

inspect and review their child’s educational records maintained

by the local school district.

(b) The right to inspect and review education records

under this rule includes the right to have a representative of the

parent inspect and review the records.

(c) The parents of a child with a disability must be

afforded an opportunity to participate in meetings with school

district personnel with respect to the identification, evaluation,

or educational placement of their child.

(5) Mediation. The Department of Education provides

parents of children with disabilities and school district

personnel the opportunity to resolve disputes involving any

matter related to a proposal or refusal to initiate or change the

identification, evaluation or educational placement of the

student through a mediation process. This mediation process is

described in subsection (5) of Rule 6A-6.03311, FAC.

(6) State Complaint Procedures. The Department of

Education shall provide parents of a child with a disability,

enrolled in a private school by their parents, and other

interested persons, the opportunity to resolve allegations that a

school district has failed to meet the requirements of Sections

300.451 through 300.462 of Title 34 of the Code of Federal

Regulations. The Department of Education’s complaint

procedures are described in subsection (6) of Rule 6A-6.03311,

FAC.

(7) Independent educational evaluation. The parents of a

child with a disability, enrolled in a private school by their

parents, have the right to an independent educational

evaluation as described in subsection (7) of Rule 6A-6.03311,

FAC.

(8) Due Process Hearings. Administrative due process

hearings, as described in subsection (11) of Rule 6A-6.03311,

FAC., are available if the parent of a child with a disability,

enrolled in a private school by their parents, alleges that the

school district failed to comply with the requirements for the

identification and evaluation of students with disabilities as

described in Sections 300.451 and 300.530 through 300.543 of

Title 34 of the Code of Federal Regulations. Such due process

hearings are not available if the parent alleges that the school

district failed to comply with the requirements of Section

300.452-300.462 of Title 34 of the Code of Federal

Regulations including the provision of services indicated on

the student’s services plan.

(9) Placement of students with disabilities in private

schools by their parents through participation in the

Opportunity Scholarship Program.

(a) Funding for the scholarship shall be consistent with

Section 1002.38(6), Florida Statutes.

(b) Specially designed instruction and related services

provided to students participating in the Opportunity

Scholarship Program shall be consistent with the requirements

of 300.450-300.457 of Chapter 34 of the Code of Federal

Regulations, and paragraph (3)(o) of Rule 6A-6.03411, FAC.

Specific Authority 1001.02(1), 1001.42(4)(l) FS. Law Implemented

1003.01(3)(a)-(b), 1003.57(5) FS., P.L. 105-17, 20 USC 1414 and 1415.

History–New ________

(Substantial rewording of Rule 6A-6.03411 follows. See

Florida Administrative Code for present text.)

6A-6.03411 Special Programs and Policies and

Procedures for the Provision of Specially Designed Instruction

and Related Services for Exceptional Students.

This rule shall apply beginning with the procedures documents

submitted for the 2003-04 school year and thereafter, in

accordance with Section 1003.57(4), Florida Statutes. For a

school district or agency to be eligible to receive state or

federal funding for specially designed instruction and related

services for exceptional students, it shall: develop a written

statement of policies for providing an appropriate program of

specially designed instruction and related services, as required

by Section 1003.57(4), Florida Statutes; submit its written

statement of procedures to the designated office in the

Department of Education; and report the total number of

exceptional students in the manner prescribed by the

Department. Applicable state statutes, State Board of

Education rules, and federal laws and regulations relating to

the provision of specially designed instruction and related

services to exceptional students shall serve as criteria for the

review and approval of the procedures documents. This

procedures document is intended to provide district and

school-based personnel, parents of exceptional students, and

other interested persons information regarding the

implementation of the state’s and local school board’s policies

regarding exceptional student education programs. The

procedures document shall be submitted in accordance with

timelines required by the Department and shall include, but not

be limited to, the requirements specified in subsections (2)-(5)

of this rule.

(1) Definitions.

(a) Exceptional Student Education (ESE). ESE refers to

the specially designed instruction that is provided to meet the

unique needs of exceptional students who meet the eligibility

criteria described in Rules 6A-6.03011 through 6A-6.03027,

FAC.

(b) Early Intervention. Early intervention means

developmental services that are designed to meet the

developmental needs of an infant or toddler with a disability in

any one (1) or more of the following areas:

1. Physical development;

2. Cognitive development;

3. Communication development;

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4. Social or emotional development; or

5. Adaptive development.

(2) Special education. Special education refers to the

specially designed instruction and related services, as defined

in paragraphs (1)(d) and (e) of this rule, provided, at no cost to

the parents, to meet the unique needs of students with

disabilities. Special education includes instruction in the

classroom, the home, in hospitals and institutions, and in other

settings.

(3) Specially-Designed Instruction. Specially-designed

instruction means adapting, as appropriate to the needs of an

eligible student, the content, methodology, and/or delivery of

instruction:

(a) To address the unique needs of the student that result

from the student’s disability or giftedness; and

(b) To ensure access to the general curriculum, so that the

student can meet the district’s expected proficiency levels, as

appropriate.

(c) Related Services. Related services means

transportation and such developmental, corrective, and other

supportive services as are required to assist a child with a

disability to benefit from special education, and includes

audiology services, psychological services, physical and

occupational therapy, recreation, including therapeutic

recreation, early identification and assessment of disabilities in

children, counseling services, including rehabilitation

counseling, orientation and mobility services, and medical

services for diagnostic or evaluation purposes. The term also

includes school health services, social work services in

schools, and parent counseling and training.

(d) Free Appropriate Public Education (FAPE). FAPE

refers to special education and related services that:

1. Are provided at public expense under the supervision

and direction of the local school board without charge to the

parent;

2. Meet the standards of the Department of Education;

3. Include preschool, elementary, or secondary programs

in the state; and

4. Are provided in conformity with an individual

educational plan (IEP) for students with disabilities that meet

the requirements of Rule 6A-6.03028, FAC., or an educational

plan (EP) for students who are gifted that meet the

requirements of Rule 6A-6.030191, FAC.

(e) Screening. Screening is a process for ruling out sensory

deficits that may interfere with the student’s academic and

behavioral progress as described in paragraph (2)(e) of Rule

6A-6.0331, FAC.

(f) General education interventions. General education

interventions are required activities to address and resolve a

student’s learning or behavioral areas of concern prior to a

referral for evaluation to determine eligibility for a student

suspected of having a disability.

(g) Referral. Referral is the process whereby a written

request is made by a parent or a teacher for a formal evaluation

of a student who is suspected of needing specially designed

instruction and related services.

(h) Student evaluation. Student evaluation is the

systematic examination of all areas related to the student’s

needs, including, if appropriate, health, vision, hearing, social

and emotional status, general intelligence, academic and

classroom performance, communicative status, and motor

abilities.

(i) Dismissal. Dismissal is the process whereby a student

is determined to no longer be in need of exceptional student

education after the completion of the reevaluations described

in subsection (7) of Rule 6A-6.0331, FAC.

(4) Provision of Specially Designed Instruction and

Related Services. Specially designed instruction is required for

each exceptional student and may be provided directly, in

cooperation with other school districts or agencies, or through

contractual arrangements with private schools.

(5) General Procedures. General procedures shall be

implemented in accordance with Rule 6A-6.0331, FAC.

(a) Procedures for placement in the least restrictive

environment. Procedures for placement determination shall

include consideration of the following:

1. To the maximum extent appropriate, students with

disabilities in public or private institutions or other facilities

are educated with students who are not disabled;

2. Special classes, separate schooling or other removal of

exceptional students from the regular educational environment

occurs only if the nature or severity of the exceptionality is

such that education in regular classes with the use of

supplementary aids and services cannot be achieved

satisfactorily; and

3. A continuum of alternative placements is provided for

exceptional students consistent with subsection (1) of Rule

6A-6.0311, FAC.

(b) Procedures for screening. Minimum requirements are:

1. Screening for vision and hearing problems shall be in

accordance with the school district’s school health plan and

consistent with the requirements of paragraph (2)(c) of Rule

6A-6.0331, FAC.

2. Notwithstanding the provisions of Rules 6A-6.03011

through 6A-6.03018, 6A-6.03021 through 6A-6.03023, and

6A-6.03027, FAC., screening for speech, language, hearing,

and vision shall be required prior to conducting an evaluation

to determine the student’s eligibility as a student with a

disability.

(c) Procedures for general education interventions. The

procedures for general education interventions shall be

consistent with the requirements of subsection 6A-6.0331(2),

FAC.

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(d) Procedures for referral. Procedures for referral shall be

consistent with the requirements of subsection 6A-6.0331(3),

FAC.

(e) Procedures for student evaluation shall be implemented

in accordance with the requirements of Rule 6A-6.0331, FAC.

(f) Procedures for determining eligibility. Procedures for

determining eligibility shall include:

1. Determining eligibility for students with disabilities, in

accordance with subsection (5) of Rule 6A-6.0331, FAC.,

whereby the staffing committee determines that the student has

a disability, in accordance with eligibility criteria specified in

Rules 6A-6.03011 through 6A-6.03018,6A-6.03020 through

6A-6.03027, and 6A-6.03030 through 6A-6.03031, FAC., and

needs specially designed instruction and related services.

2. Determining eligibility for students who are gifted, in

accordance with subsection (5) of Rule 6A-6.0331, FAC.,

whereby the staffing committee determines that the student is

gifted in accordance with eligibility criteria specified in Rule

6A-6.03019, FAC., and needs specially designed instruction.

3. For local school boards who elect to serve children with

disabilities below the age of three (3) years in collaboration

with the Part C Early Intervention Program, determining

eligibility for infants and toddlers with disabilities in

accordance with subsection (5) of Rule 6A-6.0331, FAC.,

whereby the staffing committee determines that the infant or

toddler has a disability in accordance with the definition found

in subparagraph (2)(a)1. of Rule 6A-6.03026, FAC. and needs

early intervention services.

(g) Procedures for providing an individual educational

plan (IEP), educational plan (EP), or family support plan

(FSP), in accordance with Rules 6A-6.03028, 6A-6.030191,

and 6A-6.03029, FAC.

(h) Procedures for temporary assignment of transferring

exceptional students, in accordance with Rule 6A-6.0334,

FAC.

(i) Procedures for reevaluation of students with disabilities

in accordance with the requirements of subsection (7) of Rule

6A-6.0331, FAC.

(j) Procedures for participation of students with disabilities

in statewide assessment, as required by Section 1008.22,

Florida Statutes, including alternate assessment, in accordance

with Rule 6A-1.0943, FAC.

(k) Procedures for dismissal.

(l) Procedures for the provision of procedural safeguards,

in accordance with Rules 6A-6.03311, 6A-6.03032, and

6A-6.03313, FAC.

(m) Procedures for the transfer of rights for students with

disabilities, in accordance with subsection (10) of Rule

6A-6.03311, FAC.

(n) Procedures for the provision of specially designed

instruction and related services to students with disabilities

enrolled in private schools by their parents.

1. Upon request, school districts shall provide parents of

students with disabilities enrolled in private schools

information regarding the availability of specially designed

instruction and related services from the local school board

consistent with the provisions of 300.450-300.455 of Title 34

of the Code of Federal Regulations.

2. The location of any specially designed instruction and

related services provided to these students shall be consistent

with the requirements of 300.456 of Title 34 of the Code of

Federal Regulations, determined as a component of the service

plan, and made in consultation with the parents and the

participating private school. The determination of location

shall be made after consideration of the needs of the student,

the scheduling of the services to minimize disruption of

instruction and the associated costs to the school board.

3. Specially designed instruction provided by the local

school board to these students shall be consistent with the

students’ services plans, in accordance with Rule

6A-6.030193, FAC.

(o) Procedures for providing information and services to

parents of students with disabilities eligible for opportunity

scholarships, in accordance with Section 1002.38, Florida

Statutes, and participating private schools. The Department of

Education shall provide information and assistance to private

schools regarding the identification and provision of special

services to participating students and the creation of a fee

schedule for these services. The Department of Education shall

also provide parents of students with disabilities eligible for

opportunity scholarships information on the availability of

specially designed instruction and related services from the

local school board. School districts shall:

1. Include representatives from participating private

schools in determining the specially designed instruction and

related services that will continue to be available to

participating students with disabilities.

2. Provide parents of students with disabilities eligible for

opportunity scholarships information on the availability of

specially designed instruction and related services from the

local school board.

3. Determine the location of the specially designed

instruction and related services consistent with subparagraph

(3)(n)2., of this rule. Special education services provided by

the local school board to students with disabilities participating

in the opportunity scholarship program shall be consistent with

the students’ services plans and Rule 6A-6.030281, FAC.

4. Expenditure of funds for services provided to these

students shall be made in accordance with 300.453 of Title 34

of the Code of Federal Regulations.

(p) Procedures for evaluating exceptional student

education programs which shall include those areas identified

by the Department of Education’s continuous monitoring

activities.

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(q) Procedures for the provision of training to district and

school-based administrators regarding the provision of

specially designed instruction and related services to

exceptional students.

(r) Discipline procedures for students with disabilities in

accordance with Rule 6A-6.03312, FAC.

(s) Provision of extended school year services to eligible

students with disabilities.

(t) Procedures for the provision of surrogate parents in

accorandance with Rule 6A-6.0333, FAC.

(6) Procedures for the delivery of specially designed

instruction and related services to eligible exceptional students

or early intervention services to eligible infants and toddlers

with disabilities in accordance with Rules 6A-6.03011 through

6A-6.03027, and 6A-6.03030 through 6A-6.03031, FAC.,

which shall include:

(a) Criteria for eligibility.

(b) Any procedures for screening, referral, student

evaluation, determination of eligibility, development of the

individual educational plan, educational plan, or family

support plan, reevaluation, or dismissal which are different

from or in addition to the procedures described in subsection

(3) of this rule.

(c) Instructional program to include philosophy,

curriculum, and instructional support.

(7) Assurances. Assurances of the district school board or

agency for meeting the requirements regarding:

(a) Written agreements in accordance with paragraphs

6A-6.0311(3)(a)-(b), FAC.,

(b) Contractual arrangements with private schools or

community facilities in accordance with Rule 6A-6.0361,

FAC.,

(c) Child find activities to include the identification,

location, and evaluation of all children residing in the state,

including children with disabilities attending private schools,

regardless of the severity of their disability, who are in need of

specially designed instruction and related services. These

procedures apply to highly mobile children with disabilities

(such as migrant or homeless children) and children suspected

of having a disability and in need of specially designed

instruction even though they are advancing from grade to

grade.

(d) Confidentially of student records in accordance with

Section 1002.22, Florida Statutes, Rule 6A-1.0955, FAC., and

the notice to parents required by 300.573 of Title 34 of the

Code of Federal Regulations.

(e) Transition of children with disabilities from an early

intervention program for infants and toddlers with disabilities

to specially designed instruction and related services provided

by the school board.

(f) Specially designed instruction and related services

provided to students with disabilities enrolled in private

schools by the school board in consultation with the students’

parents and consistent with the requirements of Rule

6A-6.0361, FAC.

(g) Opportunity scholarships that are provided in

accordance with Section 1002.38, Florida Statutes. The local

school board or the private school who provides the specially

designed instruction and related services to participating

students with disabilities shall receive the funding for these

services as provided by Sections 1011.62(1)(e) and 1002.38(6),

Florida Statutes.

Specific Authority 1001.02(1), 1003.57(4) 229.053(1), 230.23(4)(m)4. FS.

Law Implemented 1003.01(3)(a)-(b), 1002.38, 1001.03(8), 1003.57(4),

1011.62(1)(c) 228.041(18)(19), 229.565(3)(b)(c), 230.23(4)(m)4.,

236.081(1)(c)

FS. History–New 11-18-84, Amended 10-1-85, Formerly

6A-6.3411, Amended 12-14-93, ________. c.f. PL 94-142, 2O USC S.1401 et

seq., 34 C.F.R. Parts 76 and 300.

DEPARTMENT OF EDUCATION

Florida School for the Deaf and the Blind

RULE TITLE:

RULE NO.:

Admission and Enrollment Requirements 6D-3.002

PURPOSE AND EFFECT: This rule indicates procedures and

requirements to be followed in the enrollment process for

students seeking admission into the Florida School for the Deaf

and the Blind.

SUBJECT AREA TO BE ADDRESSED: Amendments to

outdated language in order to comply with IDEA amendments

of 1999.

SPECIFIC AUTHORITY: 1002.36(4)(c) FS.

LAW IMPLEMENTED: 1002.36(4) FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD

AT THE TIME, DATE AND PLACE SHOWN BELOW:

TIME AND DATE: 9:00 a.m., September 27, 2003

PLACE: Music Building Auditorium, FSDB Campus, St.

Augustine, Florida

THE PERSON TO BE CONTACTED REGARDING THE

PROPOSED RULE DEVELOPMENT IS: Elaine F. Ocuto,

Executive Assistant to the President, Florida School for the

Deaf and the Blind, 207 N. San Marco Avenue, St. Augustine,

FL 32084-2799

THE PRELIMINARY TEXT OF THE PROPOSED RULE

DEVELOPMENT IS NOT AVAILABLE.

DEPARTMENT OF EDUCATION

Florida School for the Deaf and the Blind

RULE TITLE:

RULE NO.:

Individual Educational Plan

6D-3.0021

PURPOSE AND EFFECT: This rule indicates procedures and

requirements to be followed in the development/review/

revision of a student’s Individual Educational Plan.

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SUBJECT AREA TO BE ADDRESSED: Amendments to

outdated language in order to comply with IDEA amendments

of 1999 and Florida’s School Code.

SPECIFIC AUTHORITY: 1002.36(4)(c) FS.

LAW IMPLEMENTED: 1002.36(4) FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD

AT THE TIME, DATE AND PLACE SHOWN BELOW:

TIME AND DATE: 9:00 a.m., September 27, 2003

PLACE: Music Building Auditorium, FSDB Campus, St.

Augustine, Florida

THE PERSON TO BE CONTACTED REGARDING THE

PROPOSED RULE DEVELOPMENT IS: Elaine F. Ocuto,

Executive Assistant to the President, Florida School for the

Deaf and the Blind, 207 N. San Marco Avenue, St. Augustine,

FL 32084-2799

THE PRELIMINARY TEXT OF THE PROPOSED RULE

DEVELOPMENT IS NOT AVAILABLE.

DEPARTMENT OF EDUCATION

Florida School for the Deaf and the Blind

RULE TITLE:

RULE NO.:

Provision of Non-Academic and Extracurricular

Services and Activities

6D-3.007

PURPOSE AND EFFECT: This rule indicates procedures and

requirements to be followed in providing extra-curricular,

non-academic services and activities for students enrolled in

the Florida School for the Deaf and the Blind.

SUBJECT AREA TO BE ADDRESSED: Technical change

made to this rule.

SPECIFIC AUTHORITY: 1002.36(4)(c) FS.

LAW IMPLEMENTED: 1002.36(4) FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD

AT THE TIME, DATE AND PLACE SHOWN BELOW:

TIME AND DATE: 9:00 a.m., September 27, 2003

PLACE: Music Building Auditorium, FSDB Campus, St.

Augustine, Florida

THE PERSON TO BE CONTACTED REGARDING THE

PROPOSED RULE DEVELOPMENT IS: Elaine F. Ocuto,

Executive Assistant to the President, Florida School for the

Deaf and the Blind, 207 N. San Marco Avenue, St. Augustine,

FL 32084-2799

THE PRELIMINARY TEXT OF THE PROPOSED RULE

DEVELOPMENT IS NOT AVAILABLE.

DEPARTMENT OF EDUCATION

Florida School for the Deaf and the Blind

RULE TITLE:

RULE NO.:

Students Infected with the HIV Virus

6D-9.006

PURPOSE AND EFFECT: This rule indicates policy and

procedures dealing with students infected with the HIV Virus/

AIDS.

SUBJECT AREA TO BE ADDRESSED: Updating language,

?

removing terminology no longer used.

?

SPECIFIC AUTHORITY: 1002.36(4)(c) FS.

?

LAW IMPLEMENTED: 1002.36(4) FS.

?

A RULE DEVELOPMENT WORKSHOP WILL BE HELD

?

AT THE TIME, DATE AND PLACE SHOWN BELOW:

?

TIME AND DATE: 9:00 a.m., September 27, 2003

?

PLACE: Music Building Auditorium, FSDB Campus, St.

?

Augustine, Florida

?

THE PERSON TO BE CONTACTED REGARDING THE

?

PROPOSED RULE DEVELOPMENT IS: Elaine F. Ocuto,

?

Executive Assistant to the President, Florida School for the

?

Deaf and the Blind, 207 N. San Marco Avenue, St. Augustine,

?

FL 32084-2799

?

THE PRELIMINARY TEXT OF THE PROPOSED RULE

?

DEVELOPMENT IS NOT AVAILABLE.

?

BOARD OF TRUSTEES OF THE INTERNAL

IMPROVEMENT TRUST FUND

Pursuant to Chapter 2003-145, Laws of Florida, all notices for

the Board of Trustees of the Internal Improvement Trust Fund

are published on the Internet at the Department of

Environmental Protection’s home page at http://www.dep.

state.fl.us/ under the link or button titled “Official Notices.”

AGENCY FOR HEALTH CARE ADMINISTRATION

Medicaid

RULE TITLE:

RULE NO.:

Intermediate Care Facility for the

Developmentally Disabled Services, ICF/DD 59G-4.170

PURPOSE AND EFFECT: The purpose of this rule

amendment is to incorporate by reference the Florida Medicaid

Intermediate Care Facility for the Developmentally Disabled

Services (ICF/DD) Coverage and Limitations Handbook, as

revised October 2003. The revised handbook contains changes

required by the Health Insurance Portability and

Accountability Act (HIPAA). The effect will be to incorporate

by reference in the rule the revised, most current Florida

Medicaid Intermediate Care Facility for the Developmentally

Disabled Services (ICF/DD) Coverage and Limitations

Handbook.

SUBJECT AREA TO BE ADDRESSED: Intermediate Care

Facility for the Developmentally Disabled Services, ICF/DD.

SPECIFIC AUTHORITY: 409.919 FS.

LAW IMPLEMENTED: 409.906(13), 409.908, 409.913(5)(e),

409.913 FS.

IF REQUESTED IN WRITING AND NOT DEEMED

UNNECESSARY BY THE AGENCY HEAD, A RULE

DEVELOPMENT WORKSHOP WILL BE HELD AT THE

TIME, DATE AND PLACE SHOWN BELOW.

TIME AND DATE: 10:00 a.m. – 11:00 a.m., Tuesday, October

7, 2003

3636 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking

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Florida Administrative Weekly

Volume 29, Number 37, September 12, 2003

PLACE: AHCA Headquarters, 2727 Mahan Drive, Building

#3, Conference Room C, Tallahassee, FL 32308-2600

THE PERSON TO BE CONTACTED REGARDING THE

PROPOSED RULE DEVELOPMENT IS: Karen Henderson,

Medicaid Services, 2727 Mahan Drive, Building 3, Mail Stop

20, Tallahassee, Florida 32308-5407, (850)414-9756

THE PRELIMINARY TEXT OF THE PROPOSED RULE

DEVELOPMENT IS:

59G-4.170 Intermediate Care Facility for the

Developmentally Disabled Services, ICF/DD.

(1) No change.

(2) All Intermediate Care Facility for the Developmentally

Disabled (Intermediate Care Facility for the Developmentally

Disabled (ICF/DD) Sservices providers enrolled in the

Medicaid program must comply with the Florida Medicaid

Intermediate Care Facility for the Developmentally Disabled

(ICF/DD) Services Coverage and Limitations Handbook,

October 2003 July 2000, incorporated by reference, and the

Florida Medicaid Provider Reimbursement Handbook,

Institutional 021, October 2003 September 1996, which is

incorporated by reference in Rule 59G-4.200, F.A.C. Both

handbooks are available from the Medicaid fiscal agent.

(3) through (11) No change.

Specific Authority 409.919 FS. Law Implemented 409.906(13), 409.908,

409.913(5)(e), 409.913 FS. History–New 8-31-76, Amended 1-1-77, 10-16-77,

7-7-81, 4-12-83, 1-12-84, 7-2-84, 7-1-85, Formerly 10C-7.49, Amended

7-19-88, 6-4-92, 5-11-93, Formerly 10C-7.049, Amended 11-27-95, 10-4-01,

________.

DEPARTMENT OF MANAGEMENT SERVICES

Personnel Management System

RULE CHAPTER TITLE: RULE CHAPTER NO.:

Florida State Employees

Charitable Campaign

60L-39

RULE TITLES:

RULE NOS.:

Scope and Purpose

60L-39.001

General Requirements

60L-39.002

Statewide Steering Committee

60L-39.003

Eligibility Criteria for Participation by

Charitable Organizations

60L-39.004

Application Procedures

60L-39.005

Duties and Responsibilities

of the Fiscal Agent

60L-39.006

Appeals

60L-39.007

PURPOSE AND EFFECT: To consider amendments to the

Rules listed above.

SUBJECT AREA TO BE DISCUSSED: Scope and Purpose of

Chapter 60L-39, General Requirement, Statewide Steering

Committee, Eligibility Criteria for Participation by Charitable

Organizations, Application Procedures, Duties and

Responsibilities of the Fiscal Agent and Appeals.

SPECIFIC AUTHORITY: 110.181(3)(a) FS.

LAW IMPLEMENTED: 110.181 FS.

A RULE DEVELOPMENT WORKSHOP WILL BE HELD

AT THE TIME, DATE AND PLACE SHOWN BELOW:

TIME AND DATE: 10:00 a.m., Monday, September 29, 2003

PLACE: Room 101, 4050 Esplanade Way, Tallahassee,

Florida 32399-0950

Pursuant to the Americans with Disabilities Act, persons

needing special accommodations to participate in this meeting

should advise the Department at least 2 calendar days before

the workshop, by contacting: Julie Shaw, (850)487-3423.

THE PERSON TO BE CONTACTED REGARDING THE

PROPOSED RULE DEVELOPMENT IS: John Kuczwanski,

Chairman, Florida State Employees Charitable Campaign,

Department of Management Services, 4050 Esplanade Way,

Suite 280L, Tallahassee, Florida 32399-0950, (850)414-6736

THE PRELIMINARY TEXT OF THE PROPOSED RULE

DEVELOPMENT IS NOT AVAILABLE.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Pursuant to Chapter 2003-145, Laws of Florida, all notices for

the Department of Environmental Protection are published on

the Internet at the Department of Environmental Protection’s

home page at http://www.dep.state.fl.us/ under the link or

button titled “Official Notices.”

DEPARTMENT OF HEALTH

Board of Pharmacy

RULE TITLE:

RULE NO.:

Internet Pharmacy Permit

64B16-28.871

PURPOSE AND EFFECT: The Board proposes a new rule to

establish a special internet pharmacy permit required for filling

prescriptions authorized outside of Florida or generated

through the internet.

SUBJECT AREA TO BE ADDRESSED: The proposed new

rule sets forth the standards of practice required for filling

prescriptions generated through the internet.

SPECIFIC AUTHORITY: 465.005, 465.0155 FS.

LAW IMPLEMENTED: 465.003, 465.015(2)(c), 465.0155,

465.0196, 465.026 FS.

IF REQUESTED IN WRITING AND NOT DEEMED

UNNECESSARY BY THE AGENCY HEAD, A RULE

DEVELOPMENT WORKSHOP WILL BE SCHEDULED AT

THE BOARD’S NEXT MEETING TO BE HELD ON

OCTOBER 15, 2003 IN TALLAHASSEE, FLORIDA.

THE PERSON TO BE CONTACTED REGARDING THE

PROPOSED RULE DEVELOPMENT AND A COPY OF

THE PRELIMINARY DRAFT IS: Lucy Gee, Acting

Executive Director, Board of Pharmacy/MQA, 4052 Bald

Cypress Way, Bin #C04, Tallahassee, Florida 32399-3254

Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking 3637

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Florida Administrative Weekly

Volume 29, Number 37, September 12, 2003

THE PRELIMINARY TEXT OF THE PROPOSED RULE

DEVELOPMENT IS:

64B16-28.871 Internet Pharmacy Permit.

(1) As used herein the term “internet” means:

(a) The computer network commonly known as the

Internet and any other computer network that is similar to or is

a predecessor or successor of the Internet; and,

(b) Any identifiable site on the Internet or such other

computer network.

(2) The term “internet” includes, without limitation:

(a) A website or other similar site on the World Wide

Web;

(b) A site that is identifiable through a Uniform Resource

Location;

(c) A site on a computer network that is owned, operated,

administered, or controlled by a provider of Internet service;

(d) An electronic bulletin board;

(e) A list server;

(f) A newsgroup; or,

(g) A chat room.

(2) An Internet Pharmacy is a pharmacy that utilizes the

Internet for the reception of prescriptions which it will then

dispense to patients in this State. Such a pharmacy shall obtain

a Special Permit issued by the Board and comply with the

following requirements; provided however, that a community

pharmacy permittee may perform internet pharmacy functions

without obtaining an additional permit under this section so

long as such permittee complies with the following provisions:

(a) The Internet Pharmacy shall comply with all

requirements of Chapter 64B16, F.A.C., and Chapter 465,

Florida Statutes, which apply to community pharmacies;

(b) The Internet Pharmacy shall maintain and enforce

policies and procedures that assure the integrity, legitimacy,

and authenticity of the prescription order. When a prescription

order is transmitted to the pharmacy by way of facsimile

transmission or other means as described in Rule

64B16-28.130, F.A.C., the facsimile shall serve as the original

prescription and the pharmacy shall advise the patient at the

time of delivery of the medication that the prescription has

been filled and may not be presented to another pharmacy for

filling;

(c) The Internet Pharmacy shall maintain and enforce

policies and procedures that assure that prescription

medications are not dispensed based solely upon telephonic,

electronic or online consultations or questionnaires since, as

provided in subsection 64B16-27.104(6), F.A.C., such

communications cannot form the basis for a valid prescription

for the dispensing of prescription medications;

(d) The Internet Pharmacy shall maintain and enforce

policies and procedures ensuring reasonable verification of the

identity of the patient, prescribing health care practitioner, and

if appropriate the caregiver, in accordance with Chapters 465

and 893, Florida Statutes, and these rules;

(e) The Internet Pharmacy shall obtain and maintain in a

readily accessible format, patient medication profiles and other

related data in a manner that facilitates consultation with the

prescribing health care practitioner, the patient or the

caregiver;

(f) The Internet Pharmacy shall conduct a prospective drug

use review prior to the dispensing of a medication;

(g) The Internet Pharmacy shall maintain and enforce

policies and procedures to assure patient confidentiality and

the protection of patient identity and patient-specific

information from inappropriate or nonessential access, use or

distribution while such information is being transmitted via the

internet and while the pharmacy possesses such information;

(h) The Internet Pharmacy shall maintain and enforce

policies and procedures to assure that the prescription being

filled was written and issued by a health care practitioner

authorized to prescribe medicinal drugs and to assure that the

medication dispensed is pursuant to such a prescription;

(i) The Internet Pharmacy shall maintain and enforce

policies and procedures requiring pharmacists to offer

meaningful interactive consultation to the patient or caregiver;

(j) The Internet Pharmacy shall maintain and enforce

policies and procedures establishing a mechanism for patients

to report suspected adverse drug reactions and errors and to

provide for the pharmacy to take appropriate action regarding

such suspected adverse drug reactions and errors;

(k) The Internet Pharmacy shall maintain and enforce

policies and procedures that provide a mechanism to contact

the patient and if necessary the prescribing health care

practitioner if an undue delay is encountered in delivering the

prescribed medications. “Undue delay” is defined as an

extension of the normal delivery cycle sufficient to jeopardize

or alter the patient treatment plan;

(l) The Internet Pharmacy shall maintain and enforce

policies and procedures establishing mechanisms to inform

patients or caregivers about drug recalls;

(m) The Internet Pharmacy shall maintain and enforce

policies and procedures establishing mechanisms to educate

patients and caregivers about appropriate means to dispose of

expired, damaged or otherwise unusable medications;

(n) The Internet Pharmacy may not pay or receive any

commission, bonus, kickback, or rebate or engage in any split

fee arrangement in any form whatsoever which would violate

the provisions of Section 465.185, Florida Statutes; and,

(o) In accordance with State and Federal laws and

regulations, the Internet Pharmacy shall:

1. Ship controlled substances via a secure and traceable

means;

3638 Section I - Notices of Development of Proposed Rules and Negotiated Rulemaking

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Florida Administrative Weekly

Volume 29, Number 37, September 12, 2003

2. Assure that medications are maintained with

appropriate temperature, light, and humidity standards, as

established by the United States Pharmacopoeia, during drug

storage and shipment;

3. Comply with all applicable State and Federal law and

regulations regarding the sale of over-the-counter products

identified as precursors to the manufacture of or compounding

of illegal drugs; and,

4. Maintain a Continuous Quality Improvement Program

as described in Rule 64B16-27.300, Florida Administrative

Code.

Specific Authority 465.005, 465.0155 FS. Law Implemented 465.003,

465.015(2)(c), 465.0155, 465.0196, 465.026 FS. History–New ________.

DEPARTMENT OF HEALTH

Board of Speech-Language Pathology and Audiology

RULE TITLE:

RULE NO.:

Licensure by Certification of Credentials

64B20-2.001

PURPOSE AND EFFECT: The Board proposes to review the

existing language in this rule to determine if amendments are

necessary.

SUBJECT AREA TO BE ADDRESSED: Licensure by

certification of credentials.

SPECIFIC AUTHORITY: 468.1135(4), 456.013(7) FS.

LAW IMPLEMENTED: 456.013(7), 468.1145(2), 468.1185

FS.

IF REQUESTED IN WRITING AND NOT DEEMED

UNNECESSARY BY THE AGENCY HEAD, A RULE

DEVELOPMENT WORKSHOP WILL BE SCHEDULED

AND NOTICED IN THE NEXT AVAILABLE ISSUE OF

THE FLORIDA ADMINISTRATIVE WEEKLY.

THE PERSON TO BE CONTACTED REGARDING THE

PROPOSED RULE DEVELOPMENT AND A COPY OF

THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Pamela

E. King, Executive Director, Board of Speech-Language

Pathology and Audiology, 4052 Bald Cypress Way, Bin #C06,

Tallahassee, Florida 32399

THE PRELIMINARY TEXT OF THE PROPOSED RULE

DEVELOPMENT IS NOT AVAILABLE.

Section II

Proposed Rules

DEPARTMENT OF INSURANCE

RULE TITLES:

RULE NOS.:

Part III Minimum Reserve Standards for Individual

and Group Health Insurance Contracts

Scope

4-154.201

Definitions

4-154.202

Categories of Reserves

4-154.203

Specific Minimum Standards for Morbidity,

Mortality and Interest

4-154.204

Tables

4-154.210

PURPOSE, EFFECT AND SUMMARY: To update Health

Reserves to be consistent with new NAIC Standards. This

involves minimum reserve standards for individual group

health insurance contracts.

SUMMARY OF STATEMENT OF ESTIMATED

REGULATORY COSTS: None.

Any person who wishes to provide information regarding the

statement of estimated regulatory costs, or to provide a

proposal for a lower cost regulatory alternative, must do so in

writing within 21 days of this notice.

SPECIFIC AUTHORITY: 624.308(1), 625.121(14), 625.081

FS.

LAW IMPLEMENTED: 624.307(1), 625.081, 625.121 FS.

IF REQUESTED IN WRITING WITHIN 21 DAYS OF THE

DATE OF THIS NOTICE, A HEARING WILL BE HELD AT

THE TIME, DATE AND PLACE SHOWN BELOW (IF NOT

REQUESTED, THIS HEARING WILL NOT BE HELD):

TIME AND DATE: 9:00 a.m., October 8, 2003

PLACE: Room 143, Larson Building, 200 East Gaines Street,

Tallahassee, Florida

Pursuant to the provisions of the Americans with Disabilities

Act, any person requiring special accommodations to

participate in this program, please advise the Department at

least 5 calendar days before the program by contacting the

person listed below.

THE PERSON TO BE CONTACTED REGARDING THE

PROPOSED RULES IS: Kerry Krantz, Bureau of Life and

Health Insurer Solvency, Office of Insurance Regulation, 200

East Gaines Street, Tallahassee, Florida 32399-0333,

(850)413-5038

THE FULL TEXT OF THE PROPOSED RULES IS:

4-154.201 Scope.

(1)(a) This rule chapter applies to all individual and group

health insurance policies, including single premium credit

disability insurance. All other credit insurance is not subject to

this rule chapter. Credit disability is defined under Section

627.677(2), Florida Statutes except for credit disability

insurance as defined under Section 627.677(2), Florida

Statutes.

(b) No change.

(2) through (5) No change.

Specific Authority 624.308(1), 625.121(14), 625.081 FS. Law Implemented

624.307(1), 625.081, 625.121 FS. History–New 4-14-99, Amended ________.

4-154.202 Definitions.

As used in this rule chapter, the following terms have the

following meaning:

(1) through (26) No change.

Section II - Proposed Rules 3639