Current through Reg. 50, No. 187; September 24, 2024
(1) Each district board of trustees within
the Florida College System and each district school board which operates
district postsecondary technical career centers under Section
1001.44, F.S., and charter
technical career centers under Section
1002.34, F.S., shall develop and
implement policies and procedures for providing reasonable substitution for
eligible students as required by Sections
1007.264 and
1007.265, F.S. In determining
whether to grant a substitution, documentation to substantiate that the
disability can be reasonably expected to prevent the individual from meeting
requirements for admission to the institution, admission to a program of study,
entry to upper division, or graduation shall be provided. In determining
whether to grant a substitution, a college may consider pertinent educational
records. For purposes of this rule, the following definitions shall apply.
(a) Deaf/Hard of Hearing. A hearing loss of
thirty (30) decibels or greater, pure tone average of 500, 1000, 2000, and 4000
(Hz), unaided, in the better ear. Examples include, but are not limited to,
conductive hearing impairment or deafness, sensorineural hearing impairment or
deafness, and high or low tone hearing loss or deafness, and acoustic trauma
hearing loss or deafness.
(b)
Visual Impairment. Disorders in the structure and function of the eye as
manifested by at least one of the following: visual acuity of 20/70 or less in
the better eye after the best possible correction, a peripheral field so
constricted that it affects one's ability to function in an educational
setting, or a progressive loss of vision which may affect one's ability to
function in an educational setting. Examples include, but are not limited to,
cataracts, glaucoma, nystagmus, retinal detachment, retinitis pigmentosa, and
strabismus.
(c) Specific Learning
Disability. A disorder in one or more of the basic psychological or
neurological processes involved in understanding or in using spoken or written
language. Disorders may be manifested in listening, thinking, reading, writing,
spelling, or performing arithmetic calculations. Examples include dyslexia,
developmental aphasia, dysgraphia, dysphasia, dyscalculia, and other specific
learning disabilities in the basic psychological or neurological
processes.
(d) Orthopedic
Impairment. A disorder of the musculoskeletal, connective tissue disorders, and
neuromuscular system. Examples include but are not limited to cerebral palsy,
absence of some body member, clubfoot, nerve damage to the hand and arm,
cardiovascular aneurysm (CVA), head injury and spinal cord injury, arthritis
and rheumatism, epilepsy, intracranial hemorrhage, embolism, thrombosis
(stroke), poliomyelitis, multiple sclerosis, Parkinson's disease, congenital
malformation of brain cellular tissue, and physical disorders pertaining to
muscles and nerves, usually as a result of disease or birth defect, including
but not limited to muscular dystrophy and congenital muscle
disorders.
(e) Speech/Language
Impairment. Disorders of language, articulation, fluency, or voice which
interfere with communication, pre-academic or academic learning, vocational
training, or social adjustment. Examples include, but are not limited to, cleft
lip and/or palate with speech impairment, stammering, stuttering, laryngectomy,
and aphasia.
(f) Emotional or
Behavioral Disability. Any mental or psychological disorder including but not
limited to organic brain syndrome, emotional or mental illness, or attention
deficit disorders.
(g) Autism
Spectrum Disorder. Disorders characterized by an uneven developmental profile
and a pattern of qualitative impairments in social interaction, communication,
and the presence of restricted repetitive, and/or stereotyped patterns of
behavior, interests, or activities. These characteristics may manifest in a
variety of combinations and range from mild to severe.
(h) Traumatic Brain Injury. An injury to the
brain, not of a degenerative or congenital nature but caused by an external
force, that may produce a diminished or altered state of consciousness, which
results in impairment of cognitive ability and/or physical
functioning.
(i) Intellectual
Disability. A disorder 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.
(j)
Other Health Impairment. Any disability not identified in paragraphs (1)(a)
through (i) of this rule, where due to the identified disability, completion of
this requirement is deemed impossible by a disability
professional.
(2) The
policies and procedures shall include at least the following:
(a) A mechanism to inform persons eligible
for reasonable substitutions due to a disability;
(b) A mechanism for identifying reasonable
substitutions for criteria for admission to the institution, admission to a
program of study, entry to upper division, or graduation related to each
disability;
(c) A mechanism for
making the designated substitutions known to affected persons;
(d) A mechanism for making substitution
decisions on an individual basis; and,
(e) A mechanism for a student to appeal
denial of a substitution or a determination of eligibility.
(3) The policies shall provide for
articulation with other state institutions which shall include, at a minimum,
acceptance of all substitutions previously granted by a Florida public
postsecondary institution.
(4) The
policies shall include a provision that admitted students who are assessed for
readiness for college-level computation and communication under paragraph
6A-10.0315(1)(a) or
(1)(b), F.A.C., and whose assessment results
indicate a need for developmental education may be exempt from developmental
education coursework if they qualify for a course substitution.
(5) Each Florida college and postsecondary
career center operated by a school district shall maintain and report records
on the number of students granted substitutions by type of disability, the
substitutions provided, the substitutions identified as available for each
documented disability and the number of requests for substitutions which were
denied. Each college within the Florida College System shall report such
information to the Department of Education, Division of Florida Colleges once a
year by July 1. The Course Substitution Report, Form CSR-01, (http://www.flrules.org/Gateway/reference.asp?No=Ref-14587)
is incorporated by reference herein effective August 2022, can be obtained at
http://fldoe.org/core/fileparse.php/3/urlt/coursesubstitutiontemplate.pdf.
Each career center under Section
1001.44, F.S., and charter
technical career center under Section
1002.34, F.S., shall report such
information to the Department of Education, Division of Career and Adult
Education once a year by July 1. The Postsecondary Career Center Course
Substitution Report, Form CSR-02 is incorporated by reference herein, effective
August 2022, can be obtained at (http://www.flrules.org/Gateway/reference.asp?No=Ref-14588).
Rulemaking Authority
1001.02(1), (2)(n),
(6),
1007.264(2),
1007.265(2) FS.
Law Implemented 1007.264,
1007.265
FS.
New 4-13-87, Amended 12-18-05, 10-25-10, 6-23-16,
8-16-22.
