FLORIDA DEPARTMENT OF EDUCATION
K12: 2008-53
Date: May 9, 2008
Dr. Eric J. Smith
Commissioner of
Education
Technical Assistance Paper
Guidelines for Implementation of the Revised Rule
for Exceptional Student Education Eligibility for
Students with Emotional/Behavioral Disabilities
Summary
:
This document provides information on the implementation of Rule 6A-6.03016, Florida
Administrative Code (FAC.),
Exceptional Student Education Eligibility for Students with
Emotional/Behavioral Disabilities
, including information on the general intervention
requirements, evaluation, eligibility, and the Bureau’s monitoring of implementation.
Contact
: Martha Murray
Program Specialist
(850) 245-0478
martha.murray@fldoe.org
Status
:
X
New Technical Assistance Paper
Revises and replaces existing Technical Assistance:
Issued by the
Florida Department of Education
Division of Public Schools
Bureau of Exceptional Education and Student Services
http://www.fldoe.org/ese/pub-home.asp
DR. FRANCES HAITHCOCK
CHANCELLOR OF PUBLIC SCHOOLS
325 W. GAINES STREET • SUITE 514 • TALLAHASSEE, FL 32399-0400 • (850) 245-0509 • www.fldoe.org
Table of Contents
A. INTRODUCTION AND BACKGROUND
A-1. What is the purpose of this Technical Assistance Paper (TAP)?........................................ 3
B. GENERAL QUESTIONS
B-1. What Management Information Systems (MIS) code is now used? .................................. 3
B-2. Can a student continue to be determined “Severely Emotionally Disturbed” (SED)?....... 3
B-3. What are the general education intervention requirements?............................................... 3
B-4.
How does Response to Intervention (RtI) relate to Rule 6A-6.03016, FAC.? ................... 4
B-5. Is written consent required for functional behavior assessment (FBA) and other
assessments used for intervention development and monitoring?...................................... 5
B-6. How should parents be involved during the intervention and evaluation processes?......... 5
B-7. How does Rule 6A-6.03016, FAC. apply to preschool children? ...................................... 5
B-8.
How does the eligibility process work for preschool-age children who attend an early
education and care program? What about children at home with their parents or
caregivers during the day? .................................................................................................. 6
C. EVALUATION FOR ELIGIBILITY
C-1. At what point might a student be referred for an evaluation to be considered for an
exceptional student education program? What role do the interventions conducted prior
to such a referral play in the evaluation process? ............................................................... 6
C-2. What are the minimum evaluation components that will be required? ............................. 6
C-3. Must the psychological evaluation include a test of intellectual functioning? ................... 7
D. ELIGIBILITY
D-1. What are the criteria for eligibility?.................................................................................... 7
D-2. What are the eligibility characteristics?.............................................................................. 8
D-3. What are extraordinary circumstances for emotional/behavioral disability eligibility?..... 8
D-4. Which students would be determined ineligible as students with emotional/behavioral
disabilitites? ........................................................................................................................ 8
E. BUREAU MONITORING PROCEDURES
E-1. How will the Bureau staff monitor a district’s implementation of Rule 6A-6.03016,
FAC.?.................................................................................................................................. 9
2
A. INTRODUCTION AND BACKGROUND
A-1. What is the purpose of this Technical Assistance Paper (TAP)?
During 2006-2007, Rule 6A-6.03016, Florida Administrative Code (FAC.),
Exceptional
Education Eligibility for Students with Emotional/Behavioral Disabilities
, was revised
and became effective as of July 1, 2007. Changes in this State Board of Education rule
are designed to ensure that students with emotional/behavioral disabilities (E/BD) receive
appropriate interventions in general education settings; are identified in a responsive
manner; and, when necessary, receive special education services in the least restrictive
setting. Because of the revisions of this rule, attention now focuses on developing,
implementing and assessing targeted interventions prior to consideration for eligibility as
a student with a disability. By developing targeted interventions and developing effective
assessment measures, schools and parents/guardians will find it easier to communicate,
co-develop interventions, monitor progress, and become equal partners in the education
of students.
The needs of students who exhibit E/BD are best addressed through a school-wide system
of positive behavioral supports where interventions are developed through a problem-
solving process, and data are used to monitor and evaluate intervention effectiveness and
inform decisions. The challenge of developing evidence-based interventions with
sufficient intensity to match the student’s needs is the task of a school-based problem-
solving/intervention team. Most students with E/BD will respond to evidence-based
interventions developed through a problem-solving process and implemented with
fidelity. However, some students with E/BD will need specially designed instruction and
related services beyond general education resources and supports to sustain adequate
progress in the learning environment.
B. GENERAL QUESTIONS
B-1. What Management Information Systems (MIS) code is now used?
Code “J” is now used for all students determined eligible in accordance with Rule 6A-
6.03016, FAC.
B-2.
Can a student continue to be determined “Severely Emotionally Disturbed” (SED)?
No. All references to SED have been deleted from the rule.
B-3. What are the general education intervention requirements?
Districts are encouraged to review the requirements found in Rule 6A-6.0331(2)(a) and
(f), FAC., which state the following:
(a) “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
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
3
include discussion of the student’s responses to interventions, anticipated future
actions to address the student’s learning and/or behavioral areas of concern.”
(f) “A minimum of two (2) general education interventions or strategies shall be
attempted. …Pre- and post-intervention measures of the academic and/or
behavioral areas of concern must be conducted to assist in identifying appropriate
interventions and measuring their effects.”
Interventions should be implemented for a reasonable period of time and with a level of
intensity that matches the student’s needs. A reasonable period of time is determined by
the local problem-solving team on a case-by-case basis, dependent on the nature of the
problem(s), the nature and intensity of interventions, frequency of progress monitoring,
and ability to evaluate trends.
Pre-intervention and progress monitoring data should be collected, and there should be
evidence that school, classroom, and small group interventions are effective with the
majority of students before implementing individual interventions. The progress of an
individual student is compared to school-wide or classroom expectations and peer
performance. Peer comparisons should be made with peers of similar gender and
ethnicity in order to ensure that E/BD are not attributed to age, culture, gender, or
ethnicity (Rule 6A-6.03016(1), FAC.).
For students requiring individual interventions, a Functional Behavioral Assessment
(FBA) should be conducted, and individual interventions should be developed and
implemented based on the FBA. There should be documentation that interventions have
been implemented as designed prior to referring for an evaluation.
Note: Proposed revisions to Rule 6A-6.0331, FAC., will create additional changes that
will likely become effective during the summer of 2008.
B-4. How does Response to Intervention (RtI) relate to Rule 6A-6.03016, FAC.?
The school-based problem-solving team is responsible for developing and implementing
intervention procedures to support the academic and behavioral success of students in the
general education environment. The school-based problem-solving team is also
responsible for collecting data to monitor the effectiveness of the interventions
implemented (i.e., response to intervention). Response to intervention is a multi-tiered,
problem-solving approach to providing instruction and intervention, at increasing levels
of intensity, based on student response to each intervention. Through ongoing progress
monitoring and data analysis, RtI provides the information necessary for making
decisions about the focus and intensity of interventions. This information should also
contribute to more appropriate referrals for evaluation. The E/BD rule explicitly
references RtI by defining “persistent” emotional/ behavioral responses in RtI
terminology (“is not sufficiently responsive to evidence-based interventions,” Rule 6A-
6.03016(1), FAC.). Ongoing progress monitoring and data analysis contribute to
informed decision making and adjustments concerning instruction and intervention for
students receiving services and resources provided through Individuals with Disabilities
Education Act (IDEA).
4
B-5. Is written consent required for FBA and other assessments used for intervention
development and monitoring?
No. IDEA requires written consent when a district proposes to complete an evaluation to
determine eligibility for special education (Title 34 Code of Federal Regulations Section
300.300). Screenings conducted for the purpose of determining appropriate academic
and behavioral strategies are not considered an “evaluation” under IDEA, and
screenings/assessments conducted for the purpose of intervention development do not
require written consent (34 CFR S. 300.302). However, if the purpose of the assessment
is to assist in the determination of eligibility for an exceptional student education (ESE)
program, written consent is required. Districts should consider the intent of the FBA and
other assessments to guide decisions concerning consent, as it is the intent and not the
evaluation instrument that drives the decision about obtaining parental consent.
B-6. How should parents be involved during the intervention and evaluation processes?
Rule 6A-6.0331(2)(a), FAC., clearly establishes the requirement of parent involvement as
a part of the “activities prior to referral” process. There must be two or more conferences
concerning the specific area of behavioral (and learning) concerns, as applicable. The
initial conference with parents must include discussion of these concerns and the general
education interventions planned. Subsequent conferences must include discussion of the
student’s responses to interventions implemented.
Parents should be engaged as partners in the process of determining and monitoring the
effectiveness of interventions implemented. If it is determined that a formal evaluation is
needed to determine if the student is eligible as a student with E/BD, parent consent must
be sought in accordance with Rule 6A-6.03311(1), FAC. Parents are an integral part of
the evaluation. At a minimum, a structured interview with the family is required in order
to complete the social/developmental history.
B-7. How does Rule 6A-6.03016, FAC., apply to preschool children?
Children attending preschool may be referred for evaluation and be determined eligible to
receive services as students with E/BD. It should be noted that many preschool children
with disabilities receive special education and related services based on the eligibility
requirements found at Rule 6A-6.03027, FAC.,
Special Programs for Children Three
Through Five Years Old Who are Developmentally Delayed.
Social or emotional
development is one of the domains identified in this rule, so providing services based on
this consideration remains available. Although activities prior to referral are not
specifically required for preschool children, the E/BD definition of “persistent” (i.e., not
sufficiently responsive to implemented evidence-based interventions) does apply.
Additionally, a Functional Behavioral Assessment, as specified in the Special Policies
and Procedures (SP&P) document, would apply.
5
B-8. How does the eligibility process work for preschool-age children who attend an
early education and care program? What about children at home with their
parents or caregivers during the day?
The revised rule does present unique challenges when evaluating preschool-age children
who may be served in private community-based settings rather than a public school-
operated “regular education” preschool program (e.g., Voluntary Prekindergarten
Education Program, Title I preschool, school district operated Head Start). District staff
would need to work with families and community providers to collect needed data,
including conducting a FBA.
Unless there are
extraordinary circumstances, children who have not participated in a
preschool program could not be considered for eligibility as a student with E/BD because
the characteristics delineated in Rule 6A-6.03016 (4)(c), FAC., must be demonstrated in
two or more settings, one of which is school.
C. EVALUATION FOR ELIGIBILITY
C-1. At what point might a student be referred for an evaluation to be considered for an
exceptional student education program? What role do the interventions conducted
prior to such a referral play in the evaluation process?
After implementing appropriate interventions, with fidelity and over a meaningful period
of time as indicated by analysis of data, problem-solving teams may determine that there
has been insufficient progress or that the intensity of the interventions required warrant a
formal evaluation to determine if the student has a disability. Any activities conducted
up to this point (e.g., observations, interventions, conferences) would be considered part
of the “activities prior to referral” required under Rule 6A-6.0331, FAC. The evaluation
process will be impacted by the assessment information gathered to develop interventions
and the student’s response to interventions. If a parent requests an evaluation to
determine if his/her child is a child with a disability, that request must be addressed by
the district.
C-2. What are the minimum evaluation components that will be required?
The following evaluation components have been specified in the
Policies and Procedures
for the Provision of Specially Designed Instruction and Related Services for Exceptional
Students—Amendment 2007–08
document, released by the Bureau of Exceptional
Education and Student Services to school districts on July 20, 2007.
“In addition to the provision in subsection 6A-6.0331(4), FAC., the minimum evaluation
shall include the following:
(a)
a review of the FBA previously completed to assist in the development of
individual interventions. The FBA should identify the conditions under which the
behavior is most and least likely to occur, the functions of the student’s behavior,
and document the student’s response to implemented interventions. It may be
necessary to revise the FBA as part of the evaluation.
If a formal FBA has not
6
been completed, one must be completed as part of the evaluation
[emphasis
added];
and,
(b)
a psychological evaluation conducted in accordance with Rule 6A-6.0331(4)(a),
FAC. The psychological evaluation should include assessment procedures
necessary to identify the factors contributing to the development of an
emotional/behavioral disability, which includes behavioral observations and
interview data relative to the referral concerns, an assessment of emotional and
behavioral functioning, and may also include information on developmental
functioning and skills. The psychological evaluation shall include a review of
evidence-based interventions that have already been implemented, the student’s
responses to those interventions, and the criteria used to evaluate their success;
and,
(c)
a review of educational data which includes information on the student’s
academic levels of performance, and the relationship between the student’s
academic performance and the emotional/behavioral disability; additional
academic evaluation may be completed if needed; and,
(d)
a social/developmental history compiled from a structured interview with the
parent or guardian that addresses developmental, familial, medical/health, and
environmental factors impacting learning and behavior, and which identifies the
relationship between social/developmental and socio-cultural factors, and the
presence or non-presence of emotional/behavioral responses beyond the school
environment.”
C-3.
Must the psychological evaluation include a test of intellectual functioning?
No. The primary purpose of the psychological evaluation is to identify the presence of
internal or external factors that constitute an emotional/behavioral disability. Behavioral
observations, clinical interviews, rating scales, and other empirically validated
assessment procedures that contribute to the presence of an emotional/behavioral
disability should be included in the psychological evaluation. Decisions about additional
assessment procedures and specific tests should be made on a case-by-case basis using
professional judgment and best practice guidelines.
D. ELIGIBILITY
D-1. What are the criteria for eligibility?
The eligibility determination will be based upon the student’s response to interventions,
etiology of the emotional and/or behavioral difficulties, and the need for special
education services. In accordance with Rule 6A-6.03016(4), FAC., a student with an
emotional/behavioral disability has an inability to maintain adequate educational
performance that cannot be explained by physical, sensory, socio-cultural,
developmental, medical, or health (with the exception of mental health) factors;
demonstrates one or more of the internal or external factors that constitute an
emotional/behavioral disability for more than six months and in multiple settings; and
needs special education as a result of the emotional/behavioral disability.
7
D-2. What are the eligibility characteristics?
In accordance with Rule 6A-6.03016(4)(a) and (b), FAC., a student must exhibit one or
more of the following factors/characteristics that constitute an emotional/behavioral
disability:
1.
Feelings of sadness, or frequent crying, or restlessness, or loss of interest in friends
and/or school work, or mood swings, or erratic behavior; or
2.
The presence of symptoms such as fears, phobias, or excessive worrying and anxiety
regarding personal or school problems; or
3.
Behaviors that result from thoughts and feelings that are inconsistent with actual
events or circumstances, or difficulty maintaining normal thought processes, or
excessive levels of withdrawal from persons or events; or
4.
An inability to build or maintain satisfactory interpersonal relationships with peers,
teachers, and other adults in the school setting; or
5.
Behaviors that are chronic and disruptive such as noncompliance, verbal and/or
physical aggression, and/or poorly developed social skills that are manifestations of
feelings, symptoms, or behaviors found in numbers 1, 2, or 3.
D-3. What are extraordinary circumstances for E/BD eligibility?
As identified in Rule 6A-6.03016, FAC., some students may have an acute onset of
emotional/behavioral characteristics where the severity of the emotional/behavioral
manifestations requires immediate ESE services. An example could be a student coming
from a residential hospital facility with a significant mental health diagnosis and a history
of intensive support services in restrictive settings. The need for such immediate ESE
services should be infrequent and closely monitored.
D-4. Which students would be determined ineligible as students with E/BD?
Students who are not eligible for ESE according to
Rule 6A-6.03016, FAC., include:
1. Students whose presenting behavior is a normal or temporary (less than six months)
reaction to life events. This is not six months from the request for an eligibility
evaluation but rather six months from when the presenting behavior can be first
documented.
2. Students whose E/BD significantly improve following the implementation of
evidence-based interventions.
3. Students whose emotional/behavioral manifestations are attributable to age, culture,
gender, or ethnicity.
4. Students who are socially maladjusted unless also found to have an emotional/
behavioral disability. Because social maladjustment may co-occur with other
disorders, eligibility decisions should focus on assessing the student’s response to
interventions in conjunction with the severity, intensity, and etiology of the
presenting behavior.
8
E. BUREAU MONITORING PROCEDURES
E-1.
How will Bureau staff monitor a district's implementation of Rule 6A-6.03016,
FAC.?
In accordance with IDEA and its implementing regulations, in order to be considered a
student with a disability eligible for ESE services, the evaluation team must determine
that the student has a specific disability (e.g., emotional/behavioral disability, traumatic
brain injury, language impairment) and needs special education and related services. The
intent of this second component is to prevent identifying a student as disabled who can be
successful without services that rise to the level of special education. Because of the
nature of the evaluation process for E/BD, thorough and meaningful consideration of this
component is particularly significant.
When monitoring for compliance of the requirements above, Bureau staff will look for
evidence that data were analyzed when making the eligibility decision. For example,
checklists with initiation and duration dates of interventions would not be considered
sufficient evidence. Evidence should include graphical or other representations of
intervention effectiveness, such as graphs representing pre- and post-intervention
performance, and summary descriptions of conferences, intervention team meetings, and
observations of the student. Functional Behavioral Assessments should be clearly
documented.
Note: For the period July 1, 2007, through June 30, 2008, there will be no fund adjustments
required by the Bureau based on findings of noncompliance with new requirements that
result from the adoption of this rule.
9
