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

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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

 

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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

 

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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).

 

 

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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.

 

 

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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

 

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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.

 

 

 

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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.

 

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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.

 

 

 

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