FLORIDA DEPARTMENT OF EDUCATION
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STATE BOARD OF EDUCATION
JOHN L. WINN
Commissioner of Education
F. PHILIP HANDY,
Chairman
T. WILLARD FAIR,
Vice Chairman
Members
LINDA J. EADS, ED.D.
CHARLES PATRICK GARCÍA
JULIA L. JOHNSON
WILLIAM L. PROCTOR, PH.D.
LINDA K. TAYLOR
CONTACT
PERSONS:
Name: Eileen L. Amy
Evy Friend
Kim
Komisar
Phone: 850-245-0476
Suncom: 205-0476
E-mail
:
Eileen.Amy@fldoe.org
Evy.Friend@fldoe.org
Kim.Komisar@fldoe.org
DPS: 05-051
October 15, 2004
MEMORANDUM
To: District School Superintendents
From: Jim Warford
Subject: Revised Exceptional Student Education Rules
The purpose of this memorandum is to inform school district personnel and other interested
persons of certain elements regarding the revised exceptional student education (ESE) rules
approved by the State Board of Education on March 16, 2004, the challenge to the rules, the
terms of a settlement agreement, and other matters surrounding the final passage of the rules
that will affect districts in their provision of services for students with disabilities and students
identified as gifted.
District school boards are encouraged to make this memorandum available to the appropriate
persons employed by the district who are involved in exceptional student education programs
and to also disseminate this information to parents of exceptional education students.
JIM WARFORD
K – 12 Chancellor
325 W. GAINES STREET • SUITE 514 • TALLAHASSEE, FL 32399-0400 • (850) 245-0509 • www.fldoe.org
District School Superintendents
October 15, 2004
Page 2
Background
The Individuals with Disabilities Education Act (IDEA) entitles students with disabilities to a free
appropriate public education (FAPE). The IDEA requires that states provide specially designed
instruction and related services to students with disabilities, ages three through 21. In Florida,
section 1003.57, Florida Statutes (F.S.), ensures that all exceptional students are provided a
public education with appropriate due process rights. Chapter 6A-6, Florida Administrative
Code (FAC), operationally defines the statute and establishes program eligibility and evaluation
criteria for all exceptional students, including students identified as gifted. It is the responsibility
of the local school districts to provide ESE services.
The responsibility of Florida's Department of Education is to assist school districts, schools, and
families in providing an education for all students, as well as to assist school districts in
understanding and implementing the laws. The purpose of the revised ESE rules is to ensure
that the Florida State Board of Education’s rules reflect the federal regulations that operationally
define the IDEA.
ESE Revised Rules
After four years of rule development activities, including four sets of statewide public rule
development workshops, meetings with advocacy groups, receipt and review of comments, and
presentations at local and statewide meetings, twelve ESE rules were submitted to the State
Board of Education and approved on March 16, 2004.
Challenge and Settlement Agreement
On March 26, 2004, a Petition to Challenge these rules was submitted by the Florida Coalition
for the Education of Individuals with Developmental Disabilities (FL CEIDD), the Family Network
on Disabilities of Florida, Inc. (FND), and The Advocacy Center for Persons with Disabilities,
Inc.
In August 2004, a settlement agreement was reached between the parties to resolve the issues
raised in the challenge. This agreement included technical changes to two rules. Other
elements of the settlement agreement are included in this memorandum.
Settlement Agreement – Specific Rules
Regarding Rule 6A-6.03028(7)(d), FAC,
Development of Individual Educational Plans for
Students with Disabilities
, and the employment of the least restrictive environment (LRE), the
settlement agreement states:
Individual educational plan (IEP) teams must adhere to state and federal requirements
related to the placement of students with disabilities in the least restrictive environment.
School personnel involved with IEP teams should review materials on this subject that
are available from the Department of Education. To assist parents in their role as
participants, schools/districts should continue to make information available regarding
how placement decisions are made (in alternative formats and the parents’ native
language, if requested, consistent with each district’s current practices regarding the
provision of information in languages other than English and in alternative formats).
Such information should be made available prior to IEP meetings and could be made
available at the beginning of each school year. Materials available from the Department
District School Superintendents
October 15, 2004
Page 3
of Education for distribution to local school districts include
Least Restrictive
Environment Considerations Related to Individual Educational Plans
, Technical
Assistance Paper FY 2000-5. (www.myfloridaeducation.com/commhome/tap-home.htm).
Regarding Rule 6A-6.03028, FAC,
Development of Individual Educational Plans for Students
with Disabilities
, and the waiver of the requirement to obtain a passing score on the Florida
Comprehensive Assessment Test (FCAT) to obtain a high school diploma, the settlement
agreement states:
During the student’s eighth grade year or during the school year of the student’s
fourteenth birthday, whichever comes first, IEP team discussions regarding diploma
option decisions for students with disabilities should include information about all
options, including the waiver of the requirement to achieve a passing score on the Grade
10 Florida Comprehensive Assessment Test (FCAT). School personnel involved with
IEP teams should review materials on this subject that are available from the
Department of Education. To assist parents in their role as informed participants,
schools/districts should continue to make available information regarding diploma option
decisions (in alternative formats and the parents’ native language, if requested,
consistent with each district’s current practices regarding the provision of information in
languages other than English and in alternative formats) at appropriate times. Such
information should be made available prior to IEP meetings and could be made available
at the beginning of each school year. However, please note that the decision to waive
the requirement to achieve a passing score on the Grade 10 FCAT cannot be made until
after the March administration of the FCAT during the student’s senior year. Materials
available from the Department of Education for distribution to parents by local school
districts include
High School Diploma Options for Students with Disabilities – 2004
(www.myfloridaeducation.com/commhome/pub-home.htm).
Regarding Rule 6A-6.03028, FAC,
Development of Individual Educational Plans for Students
with Disabilities
, and transition services, the settlement agreement states:
It is important for students and parents to be knowledgeable of the requirements related
to transition services. School personnel involved with IEP teams should review materials
on this subject that are available from the Department of Education. To assist parents in
their role as informed participants, schools/districts are encouraged to continue to make
available information regarding transition services prior to transition IEP meetings (in
alternative formats and the parents’ native language, if requested, consistent with each
district’s current practices regarding the provision of information in languages other than
English and in alternative formats). Materials available from the DOE for distribution to
parents by local school districts include
Transition Planning for Students with Disabilities:
A Guide for Families Involved in Transition Planning, (TBA 2004)
(www.myfloridaeducation.com/commhome/pub-home.htm).
Regarding Rule 6A-6.0331, FAC,
Identification and Determination of Eligibility of Exceptional
Students for Specially Designed Instruction
, and the timeliness of eligibility determinations, the
settlement agreement states:
District School Superintendents
October 15, 2004
Page 4
Revised Rule 6A-6.0331, FAC, includes requirements for the identification of students
with a disability. For the purpose of implementing the timeline set forth in revised Rule
6A-6.0331(4)(b), FAC, the determination of whether a student is “in attendance” must be
made consistent with the school boards’ policies implementing Rule 6A-1.044, FAC,
which requires the reporting of students’ attendance. Rule 6A-6.0331(3)(c) and (4)(b),
FAC, must be read together and require that, when the parents of a child receiving
general education interventions request that the district conduct an evaluation to
determine the student’s eligibility prior to the completion of the interventions, the referral
for evaluation must be made, parental consent must be obtained, and the activities
described in paragraphs (2)(a) – (f) and the evaluation must be completed within a
period of time not to exceed sixty (60) school days of which the student is in attendance.
Following the completion of the student’s evaluation, districts should not unreasonably
delay the determination of a student’s eligibility for specially designed instruction.
In addition, technical changes will be made to Rule 6A-6.03411(3)(b)1., FAC,
Policies and
Procedures for the Provision of Specially Designed Instruction and Related Services for
Exceptional Students
, relating to the least restrictive environment and to Rule 6A-
6.03028(3)(b)2., (4)(h), (7)(i), (7)(j) and (8), FAC,
Development of Individual Educational Plans
for Students with Disabilities
, to incorporate the same punctuation used in the federal regulation
implementing IDEA.
Policies and Procedures for the Provision of Specially Designed Instruction and Related
Services for Exceptional Students Document (SP&P)
Certain assurances will be included in the 2004-05 SP&P document in order to assist parents in
their role as informed participants in the decision-making process. The district will make
information available to parents regarding the federal and state requirements related to the
placement of students with disabilities in the least restrictive environment; diploma options,
including the requirements for obtaining a waiver of the requirement to obtain a passing score
on the FCAT to obtain a high school diploma; requirements related to transition services; and
specific information regarding the identification and determination of eligibility of exceptional
students for specially designed instruction. A separate memorandum will be forthcoming from
the Department of Education to address the 2004-05 SP&P.
Speech and Language as a Related Service
Regarding speech and language as a related service, the settlement agreement states: Subject
to approval by the State Board of Education, the Department of Education will support
legislation during the 2005 regular session of the Florida Legislature to amend section
1003.01(3)(b), F.S., to include speech and language services in the statutory definition of the
term “related services.”
Family Involvement
Decisions about the services required by an individual student are made by the IEP team for
students with disabilities or the educational plan (EP) team for students who are gifted. Parents
are participants of each of these teams. Rules 6A-6.0331, FAC,
Procedural Safeguards for
Students with Disabilities,
and 6A-6.03313, FAC,
Procedural Safeguards for Exceptional
Students Who are Gifted
, state that “[p]roviding 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.” To assist students and parents in their role as informed
District School Superintendents
October 15, 2004
Page 5
participants in the decision-making process, school districts are encouraged to provide a list of
contact organizations, including addresses, telephone numbers, and websites, if available,
where parents may obtain additional information or assistance with issues pertaining to the
needs of exceptional students.
Effective Date of Revised Rules
The following rules were effective September 20, 2004:
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Rule 6A-6.030191, FAC, Development of Educational Plans for Exceptional Students
Who Are Gifted.
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Rule 6A-6.03020, FAC, Specially Designed Instruction for Students Who Are
Homebound or Hospitalized.
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Rule 6A-6.030281, FAC, Development of Services Plans for Students with Disabilities
Enrolled in Private Schools by their Parents and provided with Specially Designed
Instruction and Related Services by the Local School Board.
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Rule 6A-6.03029, FAC, Development of Family Support Plans for Children with
Disabilities Ages Birth through Five Years.
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Rule 6A-6.03032, FAC, Procedural Safeguards for Children with Disabilities Ages Birth
through Two Years.
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Rule 6A-6.0331, FAC, Identification and Determination of Eligibility of Exceptional
Students for Specially Designed Instruction.
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Rule 6A-6.03311, FAC, Procedural Safeguards for Students with Disabilities.
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Rule 6A-6.03312, FAC, Discipline Procedures for Students with Disabilities.
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Rule 6A-6.03313, FAC, Procedural Safeguards for Exceptional Students Who Are
Gifted.
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Rule 6A-6.03314, FAC, Procedural Safeguards for Students with Disabilities Enrolled in
Private Schools by Their Parents.
The following rules will be effective on or about October 18, 2004:
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Rule 6A-6.03028, FAC, Development of Individual Educational Plans for Students with
Disabilities.
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Rule 6A-6.03411, FAC, Policies and Procedures for the Provision of Specially Designed
Instruction and Related Services for Exceptional Students.
The rules are currently on the following website: www.firn.edu/doe/rules/rules.htm; note
effective date for each rule. Once all rules are effective, an addendum to
Volume I-B: Florida
Statutes and State Board of Education Rules, Excerpts for Special Programs
will be published.
Dissemination of the Rules and Technical Assistance
In an effort to disseminate pertinent information in a manner as effective and efficient as
possible, the Bureau of Exceptional Education and Student Services will make information
available to districts and interested parties as the final rules and other technical assistance
information become available. A list of current technical assistance papers (TAPs) and
brochures applicable to specific subject areas listed in this memorandum is included as an
attachment. All materials are available through the Clearinghouse Information Center at
www.firn.edu/doe/commhome/clerhome.htm.
District School Superintendents
October 15, 2004
Page 6
The following material will be forthcoming and available on the Bureau website at
www.firn.edu/doe/commhome/ listed under “Topics of Special Interest”:
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revised exceptional student education rules
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addendum to
Volume 1-B: Florida Statutes and State Board of Education Rules,
Excerpts for Special Programs
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technical assistance briefs
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revised procedural safeguards and the model notice
Thank you for your continued commitment to exceptional student education in the state of
Florida.
JW:ela
Attachment
cc:
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Assistant Superintendents for Curriculum and Instruction
Exceptional Student Education Administrators
Student Services Directors
Florida Coalition for the Education of Individuals with Developmental Disabilities
Family Network on Disabilities of Florida, Inc.
The Advocacy Center for Persons with Disabilities, Inc.
State Advisory Committee for the Education of Exceptional Students
Attachment
Clearinghouse Information Center Resources
Least Restrictive Environment
310744
TAP FY 2000-5: Least Restrictive Environment Considerations
Related to Individual Educational Plans.
312502
TAP FY 2000-5: Factores del Ambiente Menos Restrictivo Relacionados
con los Planes de Educación Individual
.
Diploma Options/Waiver
310521
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Diploma Decisions for Students with Disabilities—What Parents Need to
Know.
Revised 2004. [Spanish: 310588].
312237
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“The FCAT Waiver for Students with Disabilities—Fact Sheet for School
Districts.” 2004.
312316
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“Florida’s Guide to Public High School Graduation.” 2004.
312217
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“High School Diploma Options for Students with Disabilities: Getting the
Right Fit.” 2004.
310588
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Decisiones de Diplomas Para Estudiantes con Discapacidades: Lo Que
los Padres Necesitan Saber
. 2000. [For loan only, pending revision.
Spanish version of 310521,
Diploma Decisions for Students with
Disabilities—What Parents Need to Know
].
311930
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“Descriptions of FCAT Accommodations.” 2003.
312101
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TAP FY 2004-1: High School Graduation Options 2003–2004.
312102
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TAP FY 2004-2: High School Graduation Programs 2003–2004.
312213
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TAP FY 2004-9: Implementation of House Bill 23B—High School
Graduation.
310913
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“Program Options for Students with Disabilities: Career and Technical
Education and Adult General Education.” 2003.
310487A
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“The Sunshine State Standards and Students with Disabilities—What
Parents Need to Know” (revised poster/pamphlet). 2004.
310587
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“Sunshine State Standards (Normas del Estado del Sol) y los estudiantes
con discapacidades—Lo que padres necesitan saber.” 2004. [Spanish
version of 310487A, “The Sunshine State Standards and Students with
Disabilities—What Parents Need to Know”].
Transition
307293
Career Preparation and Transition for Students with Disabilities
. 2001.
312317
“TIP: Transition to Independence Process System” (brochure). 2004.
312421
Dare to Dream for Adults
. 2004.
308942
Dare to Dream Revised: A Guide to Planning Your Future.
1999.
[Spanish: 312404].
Eligibility
310710
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TAP FY 2000-1: Determination of Eligibility and Evaluation Procedures for
Children in Transition from Part C to Pre-kindergarten Programs for
Children with Disabilities.
310709
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TAP FY 2000-2: Reevaluation Procedures for Students with Disabilities.
The Clearinghouse operates a resource center that provides parents, educators, and
other Floridians with access to materials about people with exceptionalities, exceptional
student education, intervention and prevention services (dropout prevention and
coordinated school health), student services (social work, guidance, school psychology),
behavior management, juvenile justice education, parent-professional partnerships, and
more. This resource center contains more than 6,000 books, videotapes, multimedia
kits, assessment tools, staff development materials, and other types of materials that
Floridians may borrow on short-term loan.
To order items described in this attachment, contact the Clearinghouse:
Clearinghouse Information Center
325 W. Gaines, Room 628
Tallahassee, Florida 32399-0400
Telephone: 850-245-0477
Suncom: 205-0477
Fax: 850-245-0987
Email: cicbiscs@fldoe.org
Web site: www.firn.edu/doe/commhome/
