FLORIDA DEPARTMENT OF EDUCATION
STATE BOARD OF EDUCATION
KATHLEEN SHANAHAN,
Chair
ROBERTO MARTÍNEZ
,
Vice Chair
Members
SALLY BRADSHAW
Gerard Robinson
GARY CHARTRAND
Commissioner of Education
DR. AKSHAY DESAI
BARBARA S. FEINGOLD
JOHN R. PADGET
MEMORANDUM
Contact Information:
TO:
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District School
Superintendents
Leanne Grillot
(850) 245-0478
FROM:
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Dr. Michael Grego
Leanne.Grillot@fldoe.org
DPS: 2011-122
DATE:
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October 12, 2011
SUBJECT:
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OVERVIEW AND IMPLEMENTATION OF AUDITORY-ORAL SECTIONS OF
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HOUSE BILL 1255
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House Bill 1255, which was signed into law by Governor Rick Scott on June 17, 2011, amends or creates multiple
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statutory provisions related to auditory-oral education services and services provided by a Listening and Spoken
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Language Specialist. The text of House Bill 1255 may be viewed at http://www.myfloridahouse.gov.
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Section 4 of House Bill 1255 amended section 1002.20 (6), Florida Statutes (F.S.),
K-12 student and parent rights
, to
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include auditory-oral education programs as a public school choice option that is available to students.
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Section 8 of House Bill 1255 created section 1002.391, F.S.,
Auditory-oral education programs
. This new law
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includes the following provisions:
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Defines an
“auditory-oral education program” as a program that “develops and relies solely on listening skills
and uses an implant or assistive hearing device for the purpose of relying on speech and spoken language
skills as the method of communication.”
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Defines “deaf or hard-of- hearing” to mean “aided or unaided hearing loss that affects the processing of
linguistic information and adversely affects performance in the educational environment.” The criteria for the
degree of loss is established in State Board of Education rule.
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Defines “school” as a “public or private school located in this state which can teach children who have
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obtained an implant or assistive hearing device, using faculty certified as listening and spoken language
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specialists.”
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Permits a parent of a child who is deaf or hard-of-hearing to enroll in an auditory-oral education program as
a public school choice option in accordance with section 1002.20, F.S. In order to enroll in such a program,
the child must: 1) have received an implant or assistive hearing device; 2) be between the ages of three
and seven years or between ages two and seven years if the school district elects to serve children with
disabilities under the age of three; and 3) be a resident of the state. The level of service to be provided
must be determined by the individual educational plan team or the individualized family support plan team,
in accordance with State Board of Education rules. A child remains eligible for services under this section of
law until the end of the school year in which he or she reaches the age of 7 years or after grade 2,
whichever comes first.
DR. MICHAEL GREGO
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CHANCELLOR OF PUBLIC SCHOOLS
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325 W. GAINES STREET • TALLAHASSEE, FL 32399-0400 • (850) 245-0509 • www.fldoe.org
law until the end of the school year in which he or
she reaches the age of 7 years or after grade 2,
whichever comes first.
DR. MICHAEL GREGO
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CHANCELLOR OF PUBLIC SCHOOLS
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325 W. GAINES STREET • TALLAHASSEE, FL 32399-0400 • (850) 245-0509 • www.fldoe.org
Overview and Implementation of Auditory-Oral Sections of HB 1255
October 12, 2011
Page Two
Section 10 of House Bill 1255 amended section1002.66(2)(e), F.S.,
Specialized instructional services for children
with disabilities
, to add listening and spoken language specialists (LSLS) and an appropriate acoustical environment
as a specialized instructional service for children who are deaf or hard-of-hearing, with an implant or assistive hearing
device. Specialized instructional services will become an option for eligible prekindergarten children with disabilities
for the provision of services through the Voluntary Prekindergarten Education Program beginning with the 2012-2013
school year.
Section 15 of House Bill 1255 amended section 1003.01(3)(b), F.S.,
Definitions
, to add services provided by a
certified Listening and Spoken Language Specialist to the examples of related services. These related services are
provided as necessary for an exceptional student to benefit from education. This addition means an individual
educational plan (IEP) team may determine the need for these services from a certified listening and spoken
language specialist as a related service.
The attached document provides immediate guidance regarding the new section and amended changes.
If you have any questions regarding implementation of this legislation, please contact Ms. Leanne Grillot, Program
Specialist, via email at Leanne.Grillot@fldoe.org or by telephone at (850) 245-0478.
BJL/lgd
Attachment
cc:
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Bambi J. Lockman
Cathy Bishop
Sheryl Sandvoss
Leanne Grillot
Exceptional Student Education Directors
District Contacts, Deaf/Hard-of-Hearing Programs
House Bill 1255
QUESTIONS AND ANSWERS
Technical assistance regarding auditory-oral education services and services provided by a Listening and Spoken
Language Specialist (LSLS) under House Bill 1255 is provided below:
1.
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Is the school district required to offer an auditory-oral program as a public school choice option under
the provisions of section 1002.20, F.S.?
Yes, they are required to offer it as a public school choice option if it is available in the district.
2.
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May a district offer specialized instructional services to students who are deaf or hard-of-hearing that
incorporate an auditory-oral methodology WITHOUT: 1) establishing such a program as a public school
choice program, or 2) having a certified listening and spoken language specialist?
Yes. Districts have discretion in creating specially designed classrooms and methodology for students who are
deaf/hard-of-hearing.
3.
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What is a certified Listening and Spoken Language Specialist?
A certified Listening and Spoken Language Specialist can be a teacher of the deaf, speech and language
pathologist, or audiologist. The terms Listening and Spoken Language Specialist (LSLS) or LSLS Certified
Auditory-Verbal Therapist (LSLS Cert. AVT) or LSLS Certified Auditory-Verbal Educator (LSLS Cert. AVEd) are
trademarked by the AG Bell Academy for Listening and Spoken Language. Individuals who hold the LSLS
credential are also referred to as “LSLS certified professionals.” There is a single certification offered by the
Academy (the LSLS) and two designations within that credential. LSLS certified professionals commit to
adhering to a set of professional principles when working with children and their families who have chosen a
listening and spoken language outcome.
4.
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Is the LEA required to hire someone certified as a Listening and Spoken Language Specialist in order to
provide auditory-oral program services?
Yes, if the individual educational plan (IEP) says that it is necessary.
5.
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May the district contract with private schools or enter into an inter-district agreement with other public
school districts, in order to provide an auditory-oral education program staffed by certified listening and
spoken language specialists?
Yes. A school district may contract with private schools through the provisions found in Rule 6A-6.0361, Florida
Administrative Code (F.A.C.),
Contractual Arrangements with Nonpublic Schools
. A school district may enter
into an inter-district agreement with other public school districts through the provisions found in Rule 6A-
6.0311(3), F.A.C.,
Eligible Special Programs for Exceptional Students
, as an out-of-district placement.
6.
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How does the IEP team respond to a parent’s request for an auditory-oral education program to be
delivered by a person certified as a Listening and Spoken Language Specialist?
The IEP team must consider the parent’s request and determine if the need for such a program is appropriate.
The IEP team may decline the methodology and provide a written notice of refusal. The written notice follows
the specific provisions in Rule 6A-6.03311 (1), F.A.C.
