Microsoft Word - ESE Rule Workshop 11 6 Memo __

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

DONNA G. CALLAWAY

ROBERTO MARTÍNEZ

PHOEBE RAULERSON

KATHLEEN SHANAHAN

LINDA K. TAYLOR

Contact Information:

Cathy Bishop

(850) 245-0478

cathy.bishop@fldoe.org

MEMORANDUM

K12: 2006-166

TO:

Exceptional Student Education Directors

Student

Services

Directors

FROM:

Bambi J. Lockman

DATE:

November 7, 2006

SUBJECT:

Exceptional Student Education Rule Revision Public Comment Meetings

In an effort to ensure quality efficient services for students with disabilities, the following State

Board of Education rules have been reviewed, and revisions are proposed based on input received

from stakeholder workgroup meetings conducted during January and May of 2006. These rules are

scheduled for public review and comment on November 28, 29, and 30, 2006, and are included as

attachments.

After reviewing, if you have comments or questions regarding the draft revised rules, please contact

the following program specialists for assistance.

•

6A-6.03011, Florida Administrative Code (FAC.), Special Programs for Students Who Are

Mentally Handicapped

Dawn Saunders, Dawn.Saunders@fldoe.org

•

6A-6.03014, FAC., Special Programs for Students Who Are Visually Impaired

Dawn Saunders, Dawn.Saunders@fldoe.org

•

6A-6.03019, FAC., Special Programs for Students Who Are Gifted

Donnajo Smith, Donnajo.Smith@fldoe.org

BAMBI J. LOCKMAN

Chief

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Bureau of Exceptional Education and Student Services

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325 W. GAINES STREET • SUITE 614 • TALLAHASSEE, FL 32399-0400 • (850) 245-0475 • www.fldoe.org

ESE Rule Revision Public Comment Meetings

November 7, 2006

Page Two

Meeting sites have been chosen to provide the public with the opportunity to comment. The meeting

details are as follows:

Date:

Tuesday, November 28, 2006

Time:

10:00 a.m. – 1:00 p.m. (Central Time)

Location:

Panhandle Area Educational Consortium

753 West Boulevard

Chipley, Florida 32428

Phone:

850.638.6131

Date:

Wednesday, November 29, 2006

Time:

10:00 a.m. – 1:00 p.m.

Location:

Nova Southeastern Student Educational Center

9503 Princess Palm Avenue

Tampa, Florida 33619

Phone:

813.393.4999

Date:

Wednesday, November 29, 2006

Time:

10:00 a.m. – 1:00 p.m.

Location:

Best Western Gateway

4200 North West 97

th Boulevard

Gainesville, Florida 32606

Phone:

352.331.3336

Date:

Thursday, November 30, 2006

Time:

10:00 a.m. – 1:00 p.m.

Location:

Embassy Suites Ft. Lauderdale

1100 SE 17

th Street Causeway

Ft. Lauderdale, Florida 33316

Phone:

954.527.2700

Anyone interested in providing comment regarding the proposed rules is encouraged to attend a public

meeting or provide written comment to the assigned program specialists

no later than December 15,

2006.

BJL/cbm

Attachments

cc:

District Contact Persons for Special Programs for Students Who are Mentally Handicapped

District Contact Persons for Special Programs for Students Who are Visually Impaired

District Contact Persons for Special Programs for Students Who are Gifted

Florida Diagnostic and Learning Resources System Center Managers

State Advisory Committee for the Education of Exceptional Students

Suzanne Dalton, Supervisor, Florida Instructional Materials Center for the Visually Impaired

Florida Association for the Gifted (FLAG)

Gary Weston, Executive Director, Advocacy Center for Persons with Disabilities

Richard LaBelle, Executive Director, Family Network on Disabilities

Terry Wilson, Florida Gifted Network

Craig Kieser, Director, Division of Blind Services

Elmer Dillingham, President, Florida School for the Deaf and the Blind

Developmental Disabilities Council

Coalition for the Education of Individuals with Developmental Disabilities

6A-6.03011 Special Programs for Students Who Are Mentally Handicapped.

(1) Mentally handicapped. A mental handicap is defined as significantly sub-average

general intellectual functioning existing concurrently with deficits in adaptive behavior

and manifested during the developmental period. Mentally handicapped students shall

be classified as:

(a) Educable mentally handicapped. An educable mentally handicapped student is a

student who is mildly impaired in intellectual and adaptive behavior and whose

development reflects a reduced rate of learning. The measured intelligence of an

educable mentally handicapped student generally falls between two (2) and three (3)

standard deviations below the mean and the assessed adaptive behavior falls below

that of other students of the same age and socio-cultural group.

(b) Trainable mentally handicapped. A trainable mentally handicapped student is a

student who is moderately or severely impaired in intellectual and adaptive behavior

and whose development reflects a reduced rate of learning. The measured intelligence

of a trainable mentally handicapped student generally falls between three (3) and five

(5) standard deviations below the mean and the assessed adaptive behavior falls below

that of other students of the same age and socio-cultural group.

student who is profoundly impaired in intellectual and adaptive behavior and whose

development reflects a reduced rate of learning. The measured intelligence of a

profoundly mentally handicapped student generally falls below five (5) standard

deviations below the mean and the assessed adaptive behavior falls below that of other

students of the same age and socio-cultural group.

(2) Criteria for eligibility. A student is eligible for a special program for the mentally

handicapped if there is evidence that the student meets all of the following criteria:

(a) The measured level of general intellectual functioning, is two (2) or more standard

deviations below the mean as prescribed in Rule 6A-6.03011(1)(a)-(c), FAC. The

standard error of measurement may be considered in individual cases. The profile of

intellectual functioning shows consistent sub-average performance in a majority of

areas evaluated;

(b) The assessed level of adaptive behavior is below that of other students of the same

age and socio-cultural group; and

developmental achievement is sub-average.

(3) Procedures for Referral. Prior to referral for student evaluation, screenings for vision,

hearing, speech and language functioning shall be required for all students with referral

for complete evaluations where the need is indicated. In addition, prior to referral of a

student who has been enrolled in basic education programs for more than six (6)

weeks, the student's learning problem shall be addressed at the school level through

the following minimum procedures:

(a) Two (2) or more conferences concerning the student's specific problem which shall

include the parents or guardian and administrative personnel, teaching personnel or

student services personnel;

(b) Anecdotal records or behavioral observations made by more than one (1) person

and in more than one (1) situation which cite the specific behaviors indicating the need

for the referral;

These interventions may include: change in student's class schedule or teacher; change

in student's curriculum; change in techniques of instruction; interventions provided by

student services personnel; or state or community agency intervention;

(d) Review of social, psychological, medical and achievement data in the student's

educational records; and

(e) Review of attendance records, and where appropriate, investigation of reasons for

excessive absenteeism.

(4) Procedures for student evaluation.

professional person qualified in accordance with Rule 6A-6.071(6)(a), FAC.

2. A standardized assessment of adaptive behavior;

3. An individually administered standardized test of academic or preacademic

achievement. A standardized developmental scale shall be used when a student's level

of functioning cannot be measured by an academic or preacademic test; and

4. A social-developmental history which has been compiled directly from the parent,

guardian, or primary caregiver.

(b) For students being considered for eligibility in the program for profoundly mentally

handicapped, a report of a medical evaluation by a licensed physician may be required

by the school district.

(5) Students eligible for and enrolled in a special program for mentally handicapped

prior to the effective date of this rule may continue in a special program for mentally

(a) The minimum evaluation for determining eligibility shall include all of the following:

1. A standardized individual test of intellectual functioning individually administered by a

handicapped and, as appropriate, subsequently be dismissed from the special program

for mentally handicapped based on dismissal criteria contained in the approved Special

Programs and Procedures for Exceptional Students as provided in Rule 6A-6.03411,

FAC, at the time of dismissal.

Specific Authority 228.041(18), 229.053(1), 230.23(4)(m) FS. Law Implemented

228.041(18)(19), 229.565(3)(b)(c), 230.23(4)(m)4., 232.01(1)(e), 236.081(1)(c) FS.

History - New 7-1-77, Amended 7-2-79, Formerly 6A-6.3011, Amended 5-17-88.

6A-6.03011 Exceptional Student Education Eligibility for Students with Intellectual

Disabilities

(1) Definition. Students with intellectual disabilities. An intellectual disability is defined

as significantly subaverage functioning in general intellectual ability, educational

performance, and adaptive behaviors. Intellectual disabilities manifest during the

developmental period. Significantly subaverage refers to more than two (2) standard

deviations below the mean. Developmental period refers to birth to eighteen (18) years

of age.

(2) Activities prior to referral. Prior to referral for evaluation the requirements in Rule

6A-6.0331(1)-(3), FAC, must be met.

(3) Evaluation. In addition to the procedures identified in Rule 6A-6.0331(4), FAC, the

evaluation must also include the procedures identified in the district’s Policies and

Procedures for the Provision of Specially Designed Instruction and Related Services for

Exceptional Students as required by Rule 6A-6.03411.

(4) Criteria for eligibility. A student with an intellectual disability is eligible for

exceptional student education if all of the following criteria are met:

a) The measured level of intellectual functioning is significantly subaverage on a

standardized individual test of intellectual functioning in accordance with Rule 6A-

6.0331(4)(a)1., FAC; and

b) The demonstrated level of performance on an individually administered test of

academic, preacademic, or developmental achievement is significantly subaverage

in a majority of scores with no broad/composite score above 75; and

c) The demonstrated level of adaptive behavior on a standardized assessment is

significantly subaverage in a majority of areas/subtests in accordance with Rule 6A-

6.0331(4)(a)2., FAC.; and

d) The student needs special education as defined in rule 6A-6.03411(1)(c), FAC.

Specific Authority 1001.02(1), 1003.57(1)(e) FS. Law Implemented 1001.03,

1003.57(1)(e), 1003.01(3), 1003.21(1), and 1011.62(1)(c) FS. History - New 7-1-77,

Amended 7-2-79, Formerly 6A-6.3011. Amended 5-17-88, Amended XXXXX

6A-6.03014 Special Programs for Students Who Are Visually Impaired

Exceptional Student Education Eligibility for Students Who Are Visually

Impaired.

(1) Definition. Students who are visually impaired. Students who are visually

impaired have a disorder in the structure and function of the eye that, even with

the best correction and treatment, interferes with learning. The term visual

impairment does not include students who have learning problems that are

primarily the result of visual perceptual and/or visual motor difficulties.

(a) The blind student is one who after the best possible ocular correction has no

vision or has little potential for using vision and relies primarily on tactual or

auditory senses for learning.

(b) The partially sighted A student who has low vision is one who primarily uses

vision for learning. after the best possible adjustments and ocular corrections

uses remaining vision for learning.

(2) Activities Prior to Referral. Prior to referral for evaluation, the requirements

in Rule 6A-6.0331(1) – (3), FAC, must be met.

difficulties, or,

(2) (3) Criteria for eligibility. A student is eligible for a special program for the

visually impaired if the following medical and educational criteria are met:

(a) Medical. There is a A licensed ophthalmologist or optometrist has

documented an eye condition that causes an impairment as manifested by at

least one of the following:

1. A visual acuity of 20/70 or less in the better eye after best possible correction;

2. A peripheral field so constricted that it affects the student's ability to function in

an educational setting;

3. A progressive loss of vision which may affect the student's ability to function in

an academic educational setting, not including students who have learning

problems that are primarily the result of visual perceptual and/or visual motor

4. For children birth to five (5) years of age, bilateral lack of central, steady, or

maintained fixation of vision with an estimated visual acuity of 20/70 or less after

best possible correction; bilateral central scotoma involving the perimacula area

(20/80-20/200); bilateral grade III, IV, or V Retinopathy of Prematurity (ROP); or

documented eye impairment as stated in paragraph (2)(a) of this rule.

(b) Educational. There is a documented functional vision impairment or medical

diagnosis of a degenerative eye disorder resulting in visual deterioration which

requires the use of specialized techniques, textbooks, materials, or equipment.

loss which:

1. Inhibits optimal processing of information through the visual channel; and

2. Requires the use of specialized techniques, textbooks, materials, or

equipment.

(3) Procedures for screening.

(a) Vision screening is done solely for the purpose of referring students to an

ophthalmologist or optometrist for further evaluation. A medical eye report shall

take the place of a vision screening report.

(b) Screening shall be in accordance with Section 402.32, Florida Statutes. In

addition students being considered for exceptional student programs, excluding

gifted and homebound or hospitalized who may be screened on a referral basis,

shall receive vision, hearing, speech, and language screenings prior to being

considered for eligibility.

(4) Procedures for student evaluation.

(a) The minimum evaluations procedures necessary for determining eligibility

shall include:

1. A medical eye examination describing: etiology, diagnosis, treatment regimen,

prognosis, near/distance, corrected/uncorrected acuity measures for left eye,

right eye and both eyes, measure of field of vision, and recommendations for

lighting levels, physical activity, aids, or use of glasses, as appropriate. For

children birth to five (5) years of age, a medical assessment describing visual

functioning shall be documented when standard visual acuities and measure of

field of vision are unattainable.

2. Documented observation of functional vision to include daily living skills and

mode of reading by a teacher of students with visual impairments or an

appropriately trained diagnostician, and If medical criteria listed in section 3(a) of

this rule are met, then a comprehensive assessment of skills known to be

impacted by visual impairment, shall include, but is not limited to: functional

vision evaluation, learning media assessment, and orientation and mobility

assessment.

3. Evaluation of developmental or academic functioning.

(b) Additional information including vocational and orientation and mobility

evaluations may be gathered to assist in determining the appropriate educational

program and necessary environmental adjustments for the student.

evaluations in accordance with paragraph (4)(a) of this rule. The medical aspect

of reevaluation for students with bilateral anophthalmia may be waived by a

written recommendation of a physician. Re-evaluation shall occur at least every

three (3) years and shall include a minimum of a medical eye examination within

the last calendar year, functional vision assessment, learning media assessment,

and, if appropriate, any other formal evaluations addressed in the initial

evaluation in accordance with Rule 6A-6.0331(7)., FAC. The medical aspect of a

reevaluation for students with bilateral anopthalmia may be waived by a written

recommendation of a physician.

(5) (4) Instructional program. Instruction in orientation and mobility and other

skills known to be impacted by visual impairment as determined by most recent

student evaluation shall be included when appropriate.

(6)

the program. These shall include registration of all students for services of the

Florida Instructional Materials Center for the Visually Handicapped Impaired.

(b) Other support services may include, but not be limited to:

1. Provision of specialized textbooks, learning materials, assessment materials

and equipment; and

2. Cooperative planning with the Division of Blind Services, including parent

involvement activities.

Specific Authority 1000.01, 1001.42(4)(1), 1003.55, 1003.57 FS. Law

Implemented 1003.57(5), 1011.62(1)(c) FS. History - New 7-1-77, Amended 7-

13-83, Formerly 6A-6.3014, Amended 2-12-91.

(5) Supportive services.

(a) The district shall make available the professional services needed to support

6A-6.03019 Special Instructional Programs for Students Who Are Gifted.

(1) Gifted. One who has superior intellectual development and is capable of high

performance.

(2) Criteria for eligibility. A student is eligible for special instructional programs for the

gifted if the student meets the criteria under paragraph (2)(a) or (b) of this rule.

(a) The student demonstrates:

1. Need for a special program.

2. A majority of characteristics of gifted students according to a standard scale or

checklist, and

3. Superior intellectual development as measured by an intelligence quotient of two (2)

standard deviations or more above the mean on an individually administered

standardized test of intelligence.

(b) The student is a member of an under-represented group and meets the criteria

specified in an approved school district plan for increasing the participation of under-

represented groups in programs for gifted students.

1. For the purpose of this rule, under-represented groups are defined as groups:

a. Who are limited English proficient, or

b. Who are from a low socio-economic status family.

2. The Department of Education is authorized to approve school district plans for

increasing the participation of students from under-represented groups in special

instructional programs for the gifted, provided these plans include the following:

a. A district goal to increase the percent of students from under-represented groups in

programs for the gifted and the current status of the district in regard to that goal;

b. Screening and referral procedures which will be used to increase the number of these

students referred for evaluation;

c. Criteria for determining eligibility based on the student's demonstrated ability or

potential in specific areas of leadership, motivation, academic performance, and

creativity;

d. Student evaluation procedures, including the identification of the measurement

instruments to be used;

e. Instructional program modifications or adaptations to ensure successful and

continued participation of students from under-represented groups in the existing

instructional program for gifted students;

f. An evaluation design which addresses evaluation of progress toward the district's goal

for increasing participation by students from under-represented groups.

(3) Procedures for student evaluation. The minimum evaluations for determining

eligibility are the following:

(a) Need for a special instructional program,

(b) Characteristics of the gifted,

(d) May include those evaluation procedures specified in an approved district plan to

increase the participation of students from under-represented groups in programs for

the gifted.

Specific Authority 1001.42(4)(1), 1003.57 FS. Law Implemented 1000.01.

1001.42(4)(1), 1003.57(5) FS. History - New 7-1-77, Formerly 6A-6.3019, Amended 10-

10-91, 5-19-98, 7-14-2002.

6A-6.03019 Exceptional Student Education Eligibility for Students Who Are Gifted

(1) Definition. A gifted student is one who has superior intellectual/cognitive ability, has

potential to perform at a high level and needs services beyond those normally provided

in the general education classroom.

(2) Procedures for screening. Districts shall develop a procedure for screening every

student for eligibility for gifted services using existing assessments wherever possible.

Screening shall be identified in the district’s procedures to ensure equal access from all

populations, across all economic strata, as well as students with disabilities.

(3) Criteria for eligibility. A student is eligible for special instructional programs for the

gifted if the student meets criteria in either (a), (b), (c), or (d):

a) The K-3 student demonstrates:

1. Superior intellectual/cognitive ability as measured by an intelligence quotient of 130

and above on an individually administered standardized test of intelligence; and

2. Capability of high performance as evidenced by an above-average score on a

research-based reading assessment; and

3. A majority of characteristics of gifted students according to a standard scale or

checklist completed by the parent and school personnel; and

4. Evidence of a need for the program as determined by the eligibility staffing

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committee based on available information about the student.

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b) The student demonstrates:

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1. Superior intellectual/cognitive ability as measured by an intelligence quotient of 130

and above on an individually administered standardized test of intelligence; and

2. Capability of high performance as evidenced by:

a) A score at or above the 85

percentile in reading or math on a nationally-normed

reference test, or

b) A score of Level 4 or 5 in either reading or math on the Florida Comprehensive

Assessment Test (unless the state determines a different statewide assessment

tool); and

normed reference test, or

3. A majority of characteristics of gifted students according to a standard scale or

checklist completed by the parent and school personnel; and

4. Evidence of a need for the program as determined by the eligibility staffing

committee based on available information about the student.

c) The student demonstrates:

1. Superior intellectual/cognitive ability as measured by an intelligence quotient

between 127-129 on an individually administered standardized test of intelligence; and

2. Capability of high performance as evidenced by:

a) A score at or above the 95th percentile on reading or math on a nationally-normed

reference test of intelligence; or

b) Scores at or above the 90th percentile on both reading and math on a nationally-

c) A score of Level 5 in either reading or math on the Florida Comprehensive

Assessment Test (unless the state determines a different statewide assessment

tool); and

3. A majority of characteristics of gifted students according to a standard scale or

checklist completed by the parent and school personnel; and

4. Evidence of a need for the program as determined by the eligibility staffing

committee based on available information about the student.

(d) The student demonstrates:

1. Superior intellectual/cognitive ability as measured by an intelligence quotient

between 120-126 and on an individually administered standardized test of intelligence;

and

2. Capability of high performance as evidenced by:

a) A score at or above the 98

percentile on reading or math on a nationally-normed

reference test, or

b) Scores at or above the 95

percentile on both reading and math on a nationally-

normed reference test, or

c) A score of Level 5 in either reading or math on the Florida Comprehensive

Assessment Test (unless the state determines a different statewide assessment

tool); and

4. Evidence of a need for the program as determined by the eligibility staffing

committee based on available information about the student.

Specific Authority 1001.42(4)(1), 1003.57 FS., Law Implemented 1000.01.

1001.42(4)(1), 1003.57(1)(e) FS., History - New 7-1-77, Formerly 6A-6.3019, Amended

10-10-91, 5-19-98, 7-14-2002.

A majority of characteristics of gifted students according to a standard scale or

checklist completed by the parent and school personnel; and