Current through Reg. 50, No. 187; September 24, 2024
(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, F.S.;
(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:
(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.
Rulemaking 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.
New 7-1-77, Amended 7-2-79, Formerly 6A-6.3011, Amended
5-17-88, 1-4-09.
