FLORIDA DEPARTMENT OF EDUCATION

Dr. Eric J. Smith

Commissioner of

Education

 

 

 

DPS: 2009-014

Date:

2

/

12

/09

Technical Assistance Paper

 

 

Questions and Answers: Rule 6A-6.03011, Florida

Administrative Code (FAC.),

Exceptional Student Eligibility

for Students with Intellectual Disabilities

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Summary

:

The purpose of this technical assistance paper (TAP) is to provide technical assistance regarding

the recent revision of Rule 6A-6.03011, Florida Administrative Code (FAC.),

Exceptional

Student Eligibility for Students with Intellectual Disabilities

, including changes in terminology,

clarification of eligibility criteria, and evaluation requirements.

 

 

Contact

: Sheryl Sandvoss

(850) 245-0478

 

  

Sheryl.sandvoss@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

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Table of Contents

 

A.

 

General Information....................................................................................................................... 3

 

A-1. What are the major changes in Rule 6A-6.03011, Florida Administrative Code (FAC.),

Exceptional Student Eligibility for Students with Intellectual Disabilities

? ............................. 3

B.

 

Evaluation/Reevaluation ................................................................................................................ 3

 

B-1. In what order should assessments be performed? ..................................................................... 3

B-2. I understand that a standardized individual test of intellectual functioning is one instrument

that must be administered to determine eligibility. What can we do in the circumstance when

an individual’s level of functioning does not allow the student to access a formal assessment?

................................................................................................................................................... 3

B-3. Will the standard error of measure be allowable? ..................................................................... 3

B-4. It appears that the requirement for evaluating adaptive behavior requires only one measure,

which should include parental input. Are teachers not required to have input in the adaptive

behavior measure? ..................................................................................................................... 2

B-5. What skills fall under adaptive behavior? ................................................................................. 2

B-6. Please clarify (4)(c), “the level of academic or pre-academic performance on a standardized

test is consistent with the performance expected of a student of comparable intellectual

functioning.”.............................................................................................................................. 2

B-7. Is a full reevaluation required for students currently identified as mentally handicapped?...... 3

C.

 

Eligibility ......................................................................................................................................... 3

 

C-1. How should we make a determination regarding adaptive behavior if the parent and teacher

differ in their responses? ........................................................................................................... 3

C-2. What does it mean to have the parent involved in the eligibility determination meeting? ....... 3

C-3. Is a standard checklist to document the team’s determination of eligibility available, in

accordance with (5) of this rule? ............................................................................................... 3

D.

 

Educational Services....................................................................................................................... 4

 

D-1. Will districts be able to keep the three levels of classification (i.e., educable, trainable, and

profoundly mentally handicapped)? If not, how will districts make a determination of the

level of services provided to the student?.................................................................................. 4

D-2. How will the elimination of the three levels of classification impact multi-district

agreements? ............................................................................................................................... 4

D-3. Will the

Facilities Guidelines

have to be amended to address the change from the three levels

of classification?........................................................................................................................ 4

Appendix A: Rule 6A-6.03011, FAC. ................................................................................................... 5

 

Appendix B: Rule 6A-6.0331, FAC. ..................................................................................................... 7

 

Appendix C: Intellectual Disabilities Worksheet to Consider Eligibility....................................... 14

 

 

 

 

 

 

 

 

 

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A. General Information

 

A-1. What are the major changes in Rule 6A-6.03011, Florida Administrative Code (FAC.),

Exceptional Student Eligibility for Students with Intellectual Disabilities

?

 

The major changes to the rule include the following:

•

 

The rule title is changed from “Special Programs for Students Who Are Mentally

Handicapped” to “Exceptional Student Education Eligibility for Students with Intellectual

Disabilities.”

•

 

This rule revision combines the currently established distinct eligibility categories of

educable mentally handicapped, trainable mentally handicapped, and profoundly mentally

handicapped into the single category of “intellectual disabilities.”

•

 

Clarification is provided regarding the definition of “developmental period” (prior to age

18) and “significantly below average” performance in the areas of intellectual and adaptive

functioning and academic achievement.

 

 

B. Evaluation/Reevaluation

 

B-1. In what order should assessments be performed?

 

There is no recommended order for the assessments to be performed. In accordance with Rule

6A-6.0331(5)(f)-(g), FAC.,

Identification and Determination of Eligibility of Exceptional

Students for Specially Designed Instruction

, “students shall be assessed in all areas of the

suspected disability including, if appropriate health, vision, hearing, social and emotional

status, intelligence, academic performance, communicative status, and motor disabilities. The

evaluation shall be sufficiently comprehensive to identify all of the student’s specially

designed instruction and related services needs, whether or not commonly linked to the

disability category in which the student is identified.”

 

 

B-2. I understand that a standardized individual test of intellectual functioning is one

instrument that must be administered to determine eligibility. What can we do in the

circumstance when an individual’s level of functioning does not allow the student to

access a formal assessment?

 

Each district’s Exceptional Student Education Policy and Procedures (SP&P) document

identifies the alternate or developmental instruments of intellectual functioning that should be

used in this instance.

 

B-3. Will the standard error of measure be allowable?

 

The standard error of measure can still be used, provided that the reason for use is defended in

writing. Evaluators are encouraged to view the test administration manual and technical

assistance paper (TAP) 1996-7,

Standard Error of Measure

, for further clarification on when it

is appropriate to use the standard error of measure. This TAP can be found online at

http://www.fldoe.org/ese/pdf/y1996-7.pdf.

 

 

 

 

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2

B-4. It appears that the requirement for evaluating adaptive behavior requires only one

measure, which should include parental input. Are teachers not required to have input in

the adaptive behavior measure?

 

Parental input is an essential component of the adaptive behavior assessment process because

there are many daily living skills that are observed primarily at home and are not displayed in

the educational setting.

1

As it is not possible for one person to observe a student in all of the

key environments, an adaptive behavior measurement depends on the feedback from a number

of individuals, including teachers. The student’s classroom teacher(s) should be included in the

evaluation of adaptive behavior. Parents and teachers have many opportunities to observe

students across multiple settings and are usually the best sources of adaptive behavior

information.

 

B-5. What skills fall under adaptive behavior?

 

According to the American Association of Intellectual and Developmental Disabilities

(AAIDD),

2

adaptive behavior skills may include the following:

•

 

Conceptual skills

, which include receptive and expressive language; reading and writing;

money concepts; and self-direction

•

 

Social skills

, which include interpersonal skills, such as gullibility (likelihood of being

tricked or manipulated) and naiveté; self-esteem; the ability to follow rules, obey laws, and

avoid victimization

•

 

Practical skills

, which include personal activities of daily living, such as eating, dressing,

mobility, and toileting; instrumental activities of daily living, such as preparing meals,

taking medication, using the telephone, managing money, using transportation, and doing

housekeeping activities

B-6. Please clarify (4)(c), “the level of academic or pre-academic performance on a

standardized test is consistent with the performance expected of a student of comparable

intellectual functioning.”

 

Many educators assume that there is a one-to-one correspondence between ability and

achievement—and therefore a student’s ability and achievement scores should be the same

(e.g., intelligence quotient [IQ] of 69 equates to achievement scores of 69 or lower). However,

this is a false assumption; the predicted achievement for students with IQs in the lower range

of ability is actually higher than the obtained IQ. If the correlation between the ability and

achievement measure is .65, the predicted achievement for a student with an IQ of 69 would be

a standard score of 80; 50 percent of the students with an IQ of 69 would have an achievement

standard score above 80 and 50 percent below 80. Because expected achievement scores for

students with intellectual disabilities are significantly above their obtained IQ scores, the rule

has incorporated flexibility so that students are not determined ineligible based on scores that

are “normative.” Most achievement test manuals now have a chart that provides the predicted

achievement score for a given IQ.

 

 

 

1

Florida Department of Education. (2004).

Measuring adaptive behavior

. Technical Assistance Paper 2005-3. Tallahassee,

Florida.

2

American Association of Intellectual and Developmental Disabilities. (n.d.). Retrieved October 21, 2008, from

http://www.aaidd.org/content_100.cfm?navID=21.

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3

 

B-7. Is a full reevaluation required for students currently identified as mentally handicapped?

 

Students who are currently identified as mentally handicapped will now be identified as having

an intellectual disability. Reevaluations are conducted to determine if a student with a

disability continues to need special education and related services, in accordance to 34 Code of

Federal Regulations (CFR), Section 300.305 (a)(2)(i)(B). If the student’s individual

educational plan (IEP) team determines that no additional testing is needed to determine

whether the student continues to need special education and related services, the public agency

is not required to conduct the assessment unless requested to do so by the student’s parents

[34CFR, Section 300.305(d)(2)].

 

C. Eligibility

 

C-1. How should we make a determination regarding adaptive behavior if the parent and

teacher differ in their responses?

 

Because different people can have different experiences with the same student, the information

gathered may vary. For some skills, students may behave differently at home than at school, so

the ratings may differ. When this is the case, the perspective of the person responding needs to

be taken into consideration. To make sure that the team is making a decision based on accurate

information, it is important to consider information gathered through a variety of methods. In

other situations, the student’s behavior may be consistent across settings, but observers’

perceptions may be different. It is unusual for all the information gathered about a student to be

perfectly consistent. Therefore, decisions have to be made based on how the information fits

together and whether there is strong overall support for a particular decision about the student’s

adaptive behavior deficits.

3

  

 

C-2. What does it mean to have the parent involved in the eligibility determination meeting?

 

Parents must be invited to participate in the eligibility determination meeting. Rule 6A-

6.0331(6)(a), FAC., states, “ A group of qualified professionals determines whether the student

is an exceptional student in accordance with this rule and the educational needs of the student.

The parents of a student being considered for eligibility as a student with a disability shall be

invited and encouraged to participate as equal members of the staffing committee.”

 

C-3. Is a standard checklist to document the team’s determination of eligibility available, in

accordance with (5) of this rule?

 

The Department has developed a sample form that districts can adopt. This form is attached in

Appendix C. This form will also be available on the Portal to Exceptional Education Resources

(PEER).

 

 

 

 

 

 

3

Florida Department of Education. (2004).

Measuring adaptive behavior

. Technical Assistance Paper 2005-3. Tallahassee,

Florida.

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4

D. Educational Services

 

D-1. Will districts be able to keep the three levels of classification (i.e., educable, trainable, and

profoundly mentally handicapped)? If not, how will districts make a determination of the

level of services provided to the student?

 

Services are to be provided to students based upon a need for the program, not by label.

Therefore, this change should have no effect on the receipt of appropriate services. There is no

need for districts to continue grouping the students into the three levels.

 

D-2. How will the elimination of the three levels of classification impact multi-district

agreements?

District personnel need to remember that removing the three levels of classification does not

change student needs; only the label is changed. District personnel should review their multi-

district agreements to ensure that they are placing the students based on need, not on label.

 

D-3. Will the

Facilities Guidelines

have to be amended to address the change from the three

levels of classification?

 

No. The state guidelines for educational facilities do not reference the specific eligibility

categories for exceptional student education. You can access the state guidelines for

educational facilities online at http://www.fldoe.org/edfacil/pdf/sref-guidelines.pdf.

 

 

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5

 

Appendix A: Rule 6A-6.03011, FAC.,

Exceptional Student Eligibility for Students with Intellectual

Disabilities

 

 

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 below average general intellectual and adaptive functioning manifested during the

developmental period, with significant delays in academic skills. Developmental period refers to birth

to eighteen (18) years of age.

(2) General education interventions and activities. Prior to referral for evaluation the requirements

in subsection 6A-6.0331(1), F.A.C., must be met.

(3) Evaluation. In addition to the procedures identified in subsection 6A-6.0331(5), F.A.C., the

minimum evaluation for determining eligibility shall include all of the following:

(a) A standardized individual test of intellectual functioning individually administered by a

professional person qualified in accordance with Rule 6A-4.0311, F.A.C., or licensed under Chapter

490, Florida Statutes;

(b) A standardized assessment of adaptive behavior to include parental or guardian input;

(c) An individually administered standardized test of academic or pre-academic achievement. A

standardized developmental scale shall be used when a student’s level of functioning cannot be

measured by an academic or pre-academic test; and

(d) A social-developmental history which has been compiled directly from the parent, guardian, or

primary caregiver.

(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 more than two (2) standard deviations below

the mean on an individually measured, standardized test of intellectual functioning;

(b) The level of adaptive functioning is more than two (2) standard deviations below the mean on

the adaptive behavior composite or on two (2) out of three (3) domains on a standardized test of

adaptive behavior. The adaptive behavior measure shall include parental or guardian input;

(c) The level of academic or pre-academic performance on a standardized test is consistent with

the performance expected of a student of comparable intellectual functioning;

(d) The social/developmental history identifies the developmental, familial, medical/health, and

environmental factors impacting student functioning and documents the student’s functional skills

outside of the school environment; and

(e) The student needs special education as defined in Rules 6A-6.0331 and 6A-6.03411, F.A.C.

(5) Documentation of determination of eligibility. Eligibility is determined by a group of qualified

professionals and the parent or guardian in accordance with paragraph 6A-6.0331(6)(a), F.A.C. The

documentation of the determination of eligibility must include a written summary of the group’s

analysis of the data that incorporates the following information:

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6

(a) The basis for making the determination, including an assurance that the determination has been

made in accordance with subsection 6A-6.0331(6), F.A.C.;

(b) Noted behavior during the observation of the student and the relationship of that behavior to

the student’s academic and intellectual functioning;

(c) The educationally relevant medical findings, if any;

(d) The determination of the group concerning the effects on the student’s achievement level of a

visual, hearing, motor, or emotional/behavioral disability; cultural factors; environmental or economic

factors, an irregular pattern of attendance or high mobility rate; classroom behavior; or limited English

proficiency; and

(e) The signature of each group member certifying that the documentation of determination of

eligibility reflects the member’s conclusion. If it does not reflect the member’s conclusion, the group

member must submit a separate statement presenting the member’s conclusion.

 

Specific Authority 1001.02(1), (2)(n), 1001.42(4)(l), 1003.01(3)(a), (b), 1003.57 FS. Law Implemented

1001.42((4)(l), 1001.02(2)(n), 1003.01(3)(a), (b), 1003.57, 1011.62(1)(c) FS. History–New 7-1-77,

Amended 7-2-79, Formerly 6A-6.3011, Amended 5-17-88, 10-21-08.

 

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7

Appendix B: Rule 6A-6.0331, FAC.,

General Education Intervention Procedures, Identification,

Evaluation, Reevaluation and the Initial Provision of Exceptional Education Services

  

 

Rule 6A-6.0331 General Education Intervention Procedures, Identification, Evaluation, Reevaluation

and the Initial Provision of Exceptional Education Services

The state’s goal is to provide full educational opportunity and a free appropriate public education

(FAPE) to all students with disabilities ages three (3) through twenty-one (21) and to school age

students who are gifted. School districts have the responsibility to ensure that students suspected of

having a disability are subject to general education intervention procedures. They must ensure that all

students with disabilities or who are gifted and who are in need of specially designed instruction and

related services are identified, located, and evaluated, and appropriate exceptional student education is

made available to them if it is determined that the student meets the eligibility criteria specified in

Rules 6A-6.03011 through 6A-6.0361, FAC. These requirements apply to all students, including those

who are homeless or are wards of the state or who attend private schools, regardless of the severity of

their disability. Additionally, school districts may elect to serve children with disabilities below the

age of three (3) years in collaboration with the Part C Early Steps Program. The procedures and

criteria for general education interventions, identification, evaluation, and determination of eligibility

of students with disabilities and gifted students by school districts shall be set forth in the school

district’s Exceptional Student Education (ESE) Policies and Procedures document consistent with the

following requirements.

(1)

 

General education intervention procedures for kindergarten through grade twelve (12) students

suspected of having a disability. It is the local school district’s responsibility to develop and

implement coordinated general education intervention procedures for students who need additional

academic and behavioral support to succeed in the general education environment. In implementing

such procedures, a school district may carry out activities that include the provision of educational and

behavioral evaluations, services, and supports, including scientifically based literacy instruction and

professional development for teachers and other school staff to enable them to deliver scientifically

based academic and behavioral interventions and, where appropriate, instruction on the use of adaptive

and instructional software. The general education intervention requirements set forth in sections (a)

through (e) of this paragraph are not required of students suspected of being gifted or who are being

considered for eligibility for specially designed instruction for students who are homebound or

hospitalized. The general education interventions requirements set forth in paragraphs (a), (b), and (e)

of this subsection may not be required for students suspected of having a disability if a team that

comprises qualified professionals and the parent determines that these general education interventions

are not appropriate for a student who demonstrates a speech disorder or severe cognitive, physical or

sensory disorders, or severe social/behavioral deficits that require immediate intervention to prevent

harm to the student or others, or for students who are not enrolled in a public school.

(a)

 

Parent involvement in general education intervention procedures. Opportunities for parents to

be involved in the process to address the student’s areas of concern must be made available. In

addition, there must be discussion with the parent of the student’s responses to interventions,

supporting data and potential adjustments to the interventions and of anticipated future action to

address the student’s learning and/or behavioral areas of concern. Documentation of parental

involvement and communication must be maintained.

(b)

 

Observations of the student must be conducted in the educational environment and, as

appropriate, other settings to document the student’s learning or behavioral areas of concern. At least

one (1) observation must include an observation of the student’s performance in the general classroom.

(c)

 

Review of existing data, including anecdotal, social, psychological, medical, and achievement

(including classroom, district and state assessments) shall be conducted. Attendance data shall be

reviewed and used as one indicator of a student’s access to instruction.

(d)

 

Vision and hearing screenings shall be conducted for the purpose of ruling out sensory deficits

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8

that may interfere with the student’s academic and behavioral progress, and additional screenings or

assessments to assist in determining interventions may be conducted, as appropriate. The screening of

a student by a teacher or specialist to determine appropriate instructional strategies for curriculum

implementation shall not be considered to be an evaluation for eligibility for special education and

related services.

(e)

 

Evidence-based interventions addressing the identified areas of concern must be implemented

in the general education environment. The interventions selected for implementation should be

developed through a process that uses student performance data to, among other things, identify and

analyze the area of concern, select and implement interventions, and monitor the effectiveness of the

interventions. Interventions shall be implemented as designed for a reasonable period of time and with

a level of intensity that matches the student’s needs. Pre-intervention and ongoing progress monitoring

measures of academic and/or behavioral areas of concern must be collected and communicated to the

parents in an understandable format.

(f)

 

Nothing in this section should be construed to either limit or create a right to FAPE under

Rules 6A-6.03011 through 6A-6.0361, FAC., or to delay appropriate evaluation of a student suspected

of having a disability.

(g)

 

A school district may not use more than fifteen (15) percent of the amount it receives under

Part B of the IDEA for any fiscal year to develop and implement coordinated general education

intervention procedures for students in kindergarten through grade twelve (12) who are not currently

identified as needing special education or related services but who need additional support to succeed

in the general education environment. Funds made available to carry out this section may be used to

carry out general education intervention procedures aligned with activities funded by and carried out

under the Elementary and Secondary Education Act (ESEA), if those funds are used to supplement,

and not supplant, funds made available under the ESEA for the activities and services assisted under

this section. For IDEA Part B funds used in this way, the school district must annually report to the

Florida Department of Education on the number of students served under this section who received

general education interventions and the number of students who received such services and

subsequently receive special education and related services under Part B of the IDEA during the

preceding two (2) year period.

(2)

 

Procedures prior to initial evaluation for prekindergarten children. For children who are below

mandatory school attendance age and who are not yet enrolled in

 

kindergarten, the activities specified

in subsection (1) of this rule are not required. The following requirements apply to this population:

(a)

 

A review of existing social, psychological, and medical data with referral for a health

screening when the need is indicated; and

(b)

 

Vision and hearing screenings shall be conducted for the purpose of ruling out sensory

deficits. Additional screenings to assist in determining interventions may be conducted as appropriate.

(3)

 

Initial evaluation. Each school district must conduct a full and individual initial evaluation

before the initial provision of ESE. Either a parent of a student or a school district may initiate a

request for initial evaluation to determine if the student is a student with a disability

 

or is gifted.

(a)

 

Prior to a school district request for initial evaluation, school personnel must make one (1) of

the following determinations and include appropriate documentation in the student’s educational

record to the effect that:

1.

 

For a student suspected of being a student with a disability, the general education intervention

procedures have been implemented as required under this rule and indicate that the student should be

considered for eligibility for ESE; or

2.

 

The nature or severity of the student’s areas of concern make the general education

intervention procedures inappropriate in addressing the immediate needs of the student.

(b)

 

If the parent of the child receiving general education interventions requests, prior to the

completion of these interventions, that the school conduct an evaluation to determine the student’s

eligibility for specially designed instruction and related services as a student with a disability, the

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9

school district:

1.

 

Must obtain consent for and conduct the evaluation; and

2.

 

Complete the activities described in subsection (1) of this rule concurrently with the

evaluation but prior to the determination of the student’s eligibility for specially designed instruction;

or

3.

 

Must provide the parent with written notice of its refusal to conduct the evaluation that meets

the requirements of Rule 6A-6.03311, FAC.

(c)

 

The school district shall be responsible for conducting all initial evaluations necessary to

determine if the student is eligible for ESE and to determine the educational needs of the student. Such

evaluations must be conducted by examiners, including physicians, school psychologists,

psychologists, speech-language pathologists, teachers, audiologists, and social workers who are

qualified in the professional’s field as evidenced by a valid license or certificate to practice such a

profession in Florida. Educational evaluators not otherwise covered by a license or certificate to

practice a profession in Florida shall either hold a valid Florida teacher’s certificate or be employed

under the provisions of Rule 6A-1.0502, FAC.

1.

 

Tests of intellectual functioning shall be administered and interpreted by a professional person

qualified in accordance with Rule 6A-4.0311, FAC., or licensed under Chapter 490, Florida Statutes.

2.

 

Standardized assessment of adaptive behavior shall include parental input regarding their

student’s adaptive behavior.

(d)

 

The school district shall ensure that initial evaluations of students suspected of having a

disability are completed within sixty (60) school days (cumulative) that the student is in attendance

after the school district’s receipt of parental consent for the evaluation. For prekindergarten children,

initial evaluations must be completed within sixty (60) school days after the school district’s receipt of

parental consent for evaluation.

(e)

 

The sixty (60)-day timeframe for evaluation does not apply to a school district if:

1.

 

The parent of the student repeatedly fails or refuses to produce the student for the evaluation;

or

2.

 

A student enrolls in a school served by the school district after the timeframe has begun, and

prior to a determination by the student's previous school district as to whether the student is a student

with a disability. This exception applies only if the subsequent school district is making sufficient

progress to ensure a prompt completion of the evaluation, and the parent and subsequent school

district agree to a specific time when the evaluation will be completed. Assessments of students with

disabilities who transfer from one school district to another school district in the same school year

must be coordinated with those students’ prior and subsequent schools, as necessary and as

expeditiously as possible, to ensure prompt completion of full evaluations.

(f)

 

The school district shall ensure that students suspected of being gifted are evaluated within a

reasonable period of time.

(4)

 

Parental consent for initial evaluation.

(a)

 

The school district must provide notice to the parent that describes any evaluation procedures

the school district proposes to conduct. In addition, the school district proposing to conduct an initial

evaluation to determine if a student is a student with a disability or is gifted must obtain informed

consent from the parent of the student before conducting the evaluation.

(b)

 

Parental consent for initial evaluation must not be construed as consent for initial provision of

ESE.

(c)

 

The school district must make reasonable efforts to obtain the informed consent from the

parent for an initial evaluation to determine whether the student is a student with a disability or is

gifted.

(d)

 

For initial evaluations only, if the child is a ward of the State and is not residing with the

student’s parent, the school district is not required to obtain informed consent from the parent for an

initial evaluation to determine whether the student is a student with a disability if:

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10

1.

 

Despite reasonable efforts to do so, the school district cannot discover the whereabouts of the

parent of the student;

2.

 

The rights of the parents of the student have been terminated in accordance with Chapter 39,

Part XI, Florida Statutes; or

3.

 

The rights of the parent to make educational decisions have been subrogated by a judge in

accordance with State law and consent for initial evaluation has been given by an individual appointed

by the judge to represent the student.

(e)

 

If the parent of a student suspected of having a disability who is enrolled in public school or

seeking to be enrolled in public school does not provide consent for initial evaluation or the parent

fails to respond to a request to provide consent, the school district may, but is not required to, pursue

initial evaluation of the student by using the mediation or due process procedures contained in Rules

6A-6.03011 through 6A-6.0361, FAC. The school district does not violate its child find or evaluation

obligations if it declines to pursue the evaluation.

(f)

 

A school district may not use a parent’s refusal to consent to initial evaluation to deny the

parent or the student any other service, benefit, or activity of the school district, except as provided by

this rule.

(5)

 

Evaluation procedures.

(a)

 

In conducting an evaluation, the school district:

1.

 

Must use a variety of assessment tools and strategies to gather relevant functional,

developmental, and academic information about the student, including information provided by the

parent, that may assist in determining whether the student is eligible for ESE and the content of the

student’s IEP or EP, including information related to enabling the student with a disability to be

involved in and progress in the general curriculum (or for a preschool child, to participate in

appropriate activities), or for a gifted student’s needs beyond the general curriculum;

2.

 

Must not use any single measure or assessment as the sole criterion for determining whether a

student is eligible for ESE and for determining an appropriate educational program for the student; and

3.

 

Must use technically sound instruments that may assess the relative contribution of cognitive

and behavioral factors, in addition to physical or developmental factors.

(b)

 

Each school district must ensure that assessments and other evaluation materials used to assess

a student are:

1.

 

Selected and administered so as not to be discriminatory on a racial or cultural basis;

2.

 

Provided and administered in the student’s native language or other mode of communication

and in the form most likely to yield accurate information on what the student knows and can do

academically, developmentally, and functionally, unless it is clearly not feasible to do so;

3.

 

Are used for the purposes for which the assessments or measures are valid and reliable; and

4.

 

Are administered by trained and knowledgeable personnel in accordance with any instructions

provided by the producer of the assessments.

(c)

 

Assessments and other evaluation materials shall include those tailored to assess specific areas

of educational need and not merely those that are designed to provide a single general intelligence

quotient.

(d)

 

Assessments shall be selected and administered so as to best ensure that if an assessment is

administered to a student with impaired sensory, manual, or speaking skills, the assessment results

accurately reflect the student’s aptitude or achievement level or whatever other factors the test

purports to measure, rather than reflecting the student’s sensory, manual, or speaking skills, unless

those are the factors the test purports to measure.

(e)

 

The school district shall use assessment tools and strategies that provide relevant information

that directly assists persons in determining the educational needs of the student.

(f)

 

A student shall be assessed in all areas related to a suspected disability, including, if

appropriate, health, vision, hearing, social and emotional status, general intelligence, academic

performance, communicative status, and motor abilities.

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11

(g)

 

An evaluation shall be sufficiently comprehensive to identify all of a student’s ESE needs,

whether or not commonly linked to the disability category in which the student is classified.

(6)

 

Determination of eligibility for exceptional students.

(a)

 

A group of qualified professionals determines whether the student is an exceptional student in

accordance with this rule and the educational needs of the student. The parents of a student being

considered for eligibility as a student with a disability shall be invited and encouraged to participate as

equal members of the group. The school district must provide a copy of the evaluation report and the

documentation of the determination of eligibility at no cost to the parent. If a determination is made

that a student is an exceptional student and needs ESE, an IEP or EP must be developed for the student

in accordance with these rules.

(b)

 

In interpreting evaluation data for the purpose of determining if a student is an exceptional

student and the educational needs of the student, each school district shall:

1.

 

Draw upon data and information from a variety of sources, such as aptitude and achievement

tests, the student’s response to interventions/instruction implemented, parent input, student input as

appropriate, teacher recommendations, and information about the student’s physical condition, social

or cultural background, and adaptive behavior;

2.

 

Ensure that information obtained from all of these sources is documented and carefully

considered; and

3.

 

Determine eligibility in accordance with the criteria and procedures specified in these rules.

(c)

 

If a determination is made that a student has a disability and needs special education and

related services, an IEP shall be developed for the student in accordance with Rules 6A-6.03011

through 6A-6.0361, FAC. For children ages three (3) through five (5) years, an individual family

support plan (IFSP) may be developed in lieu of an IEP.

(d)

 

A student may not be determined eligible as a student with a disability if the determinant factor

is:

1.

 

Lack of appropriate instruction in reading, including the essential components of reading

instruction, including explicit and systematic instruction in (a) phonemic awareness; (b) phonics; (c)

vocabulary development; (d) reading fluency, including oral reading skills; and (e) reading

comprehension strategies;

2.

 

Lack of appropriate instruction in math; or

3.

 

Limited English proficiency; and

4.

 

The student does not otherwise meet the eligibility criteria specified in Rules 6A-6.03011

through 6A-6.0361, FAC.

(e)

 

A student may not be denied eligibility as a student who is gifted if the determinant factor is

limited English proficiency.

(f)

 

For students identified as gifted, an educational plan (EP) in accordance with Rule 6A-

6.030191, FAC., shall be developed.

(7)

 

Reevaluation Requirements.

(a)

 

A school district must ensure that a reevaluation of each student with a disability is conducted

in accordance with Rules 6A-6.03011 through 6A-6.0361, FAC., if the school district determines that

the educational or related services needs, including improved academic achievement and functional

performance, of the student warrant a reevaluation or if the student’s parent or teacher requests a

reevaluation.

(b)

 

A reevaluation may occur not more than once a year, unless the parent and the school district

agree otherwise and must occur at least once every three (3) years, unless the parent and the school

district agree that a reevaluation is unnecessary.

(c)

 

Each school district must obtain informed parental consent prior to conducting any

reevaluation of a student with a disability.

(d)

 

If the parent refuses to consent to the reevaluation, the school district may, but is not required

to, pursue the reevaluation by using the consent override provisions of mediation or due process. The

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12

school district does not violate its child find, evaluation or reevaluation obligations if it declines to

pursue the evaluation or reevaluation.

(e)

 

The informed parental consent for reevaluation need not be obtained if the school district can

demonstrate that it made reasonable efforts to obtain such consent and the student’s parent has failed

to respond.

(8)

 

Additional requirements for evaluations and reevaluations. As part of an initial evaluation, if

appropriate, and as part of any reevaluation, the IEP Team and other qualified professionals, as

appropriate, must take the following actions:

(a)

 

Review existing evaluation data on the student, including:

1.

 

Evaluations and information provided by the student’s parents;

2.

 

Current classroom-based, local, or State assessments and classroom-based observations; and

3.

 

Observations by teachers and related services providers.

(b)

 

Identify, on the basis of that review and input from the student’s parents, what additional data,

if any, are needed to determine the following:

1.

 

Whether the student is a student with a disability or, in case of a reevaluation of the student,

whether the student continues to have a disability;

2.

 

The educational needs of the student;

3.

 

The present levels of academic achievement and related developmental needs of the student;

4.

 

Whether the student needs special education and related services or, in the case of a

reevaluation of the student, whether the student continues to need special education and related

services; and

5.

 

Whether any additions or modifications to the special education and related services are needed

to enable the student to meet the measurable annual goals set out in the student’s IEP and to

participate, as appropriate, in the general curriculum.

(c)

 

The group conducting this review may do so without a meeting.

(d)

 

The school district shall administer tests and other evaluation measures as may be needed to

produce the data that is to be reviewed under this section.

(e)

 

If the determination under this section is that no additional data are needed to determine

whether the student continues to be a student with a disability and to determine the student’s

educational needs, the school district shall notify the student’s parents of:

1.

 

That determination and the reasons for the determination; and

2.

 

The right of the parents to request an assessment to determine whether the student continues to

be a student with a disability and to determine the student’s educational needs. The school district is

not required to conduct the assessment unless requested to do so by the student’s parents.

(f)

 

Reevaluation is not required for a student before the termination of eligibility due to graduation

with a standard diploma or exiting from school upon reaching the student’s twenty-second (22

nd

)

birthday. For a student whose eligibility terminates under these circumstances, a school district must

provide the student with a summary of the student’s academic achievement and functional

performance, which shall include recommendations on how to assist the student in meeting the

student’s postsecondary goals.

(g)

 

Parental consent is not required before reviewing existing data as part of an evaluation or

reevaluation or administering a test or other evaluation that is administered to all students unless,

before administration of that test or evaluation, consent is required of parents of all students.

(h)

 

If a parent of a student who is home schooled or placed in private school by the parents at their

own expense does not provide consent for the initial evaluation or the reevaluation, or the parent fails

to respond to a request to provide consent, the school district may not use the consent override

provisions of mediation or due process and the school district is not required to consider the student

eligible for services under Rules 6A-6.03011 through 6A-6.0361, FAC.

(i)

 

To meet the reasonable efforts requirements to obtain parental consent in Rules 6A-6.03011

through 6A-6.0361, FAC., the school district must document its attempts to obtain parental consent

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13

using procedures such as those used to obtain parental participation in meetings.

(9)

 

Parental Consent for Services.

(a)

 

A school district responsible for making FAPE available to an exceptional student must obtain

informed consent from the parent of the student before the initial provision of special education and

related services to the student.

(b)

 

The school district must make reasonable efforts to obtain informed consent from the parent

for the initial provision of ESE services to the student.

(c)

 

If the parent of a student fails to respond or refuses to consent to the initial provision of

services, the school district may not use mediation or due process hearing procedures in order to obtain

agreement or a ruling that the services may be provided to the student.

(d)

 

If the parent of the student refuses consent to the initial provision of special education and

related services, or the parent fails to respond to a request to provide consent for the initial provision of

special education and related services, the school district will not be considered to be in violation of

the requirement to make FAPE available to the student for the failure to provide the student with the

special education and related services for which the school district requests consent. In addition, the

school district is not required to convene an IEP Team meeting or develop an IEP for the student for

the special education and related services for which the school district requests such consent.

 

Specific Authority 1001.02(1)(2)(n), 1003.01(3)(a)(b), 1003.57, F.S. Law Implemented 1001.42(4)(l),

1003.01(3)(a)-(b), 1001.02(2)(n), 1003.57 F.S. History New 6-17-74,

Repromulgated 12-5-74, Amended 7-1-77, 3-28-78, 7-12-78, 8-31-78, 11-29-78, 10-7-81, 7-13-83, 6-

2-85, Formerly 6A 6.331, Amended 7-13-93, 1-2-95,9-20-04.

 

 

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______________________________________________________________________________________________

 

14

 

Yes

  

No The student demonstrates a need for special education services.

 

Yes

  

No The team agrees that the analysis of data supports consideration for eligibility for an Intellectual Disability.

 

The following team members concur with this conclusion:

 

____________________________________ ____________________________________ ____________________________________

ESE Administrator/Designee General Education Teacher Special Education Teacher

 

____________________________________ ____________________________________ ____________________________________

Parent School Psychologist Other

 

The following team members DISAGREE with this conclusion. A separate statement of conclusion from each

dissenting member is attached.

 

____________________________________ ____________________________________ ____________________________________

Name/Position Name/Position Name/Position