Current through Reg. 50, No. 187; September 24, 2024
(1)
Definition. Students with an emotional/behavioral disability (E/BD). A student
with an emotional/behavioral disability has persistent (is not sufficiently
responsive to implemented evidence based interventions) and consistent
emotional or behavioral responses that adversely affect performance in the
educational environment that cannot be attributed to age, culture, gender, or
ethnicity.
(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 provisions in subsection
6A-6.0331(5),
F.A.C., the evaluation for determining eligibility shall include the following:
(a) A functional behavioral assessment (FBA)
must be conducted. The FBA must identify the specific behavior(s) of concern,
conditions under which the behavior is most and least likely to occur, and
function or purpose of the behavior. A review, and if necessary, a revision of
an FBA completed as part of general education interventions may meet this
requirement if it meets the conditions described in this section. If an FBA was
not completed to assist in the development of general education interventions,
one must be completed and a well-delivered scientific, research-based
behavioral intervention plan of reasonable intensity and duration must be
implemented with fidelity prior to determining eligibility. Implementation of
the behavioral intervention plan is not required in extraordinary circumstances
described in paragraph (4)(e) of this rule;
(b) The evaluation must include documentation
of the student's response to general education interventions implemented to
target the function of the behavior as identified in the FBA;
(c) 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;
(d) A psychological
evaluation conducted in accordance with Rule
6A-6.0331, F.A.C. The
psychological evaluation should include assessment procedures necessary to
identify the factors contributing to the development of an emotional/behavioral
disability, which include behavioral observations and interview data relative
to the referral concerns, and assessment of emotional and behavioral
functioning, and may also include information on developmental functioning and
skills. The psychological evaluation shall include a review of general
education interventions that have already been implemented and the criteria
used to evaluate their success;
(e)
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,
(f) A medical evaluation must be conducted
when it is determined by the administrator of the exceptional student program
or the designee that the emotional/behavioral responses may be precipitated by
a physical problem.
(4)
Criteria for eligibility. A student with an emotional/behavioral disability
must demonstrate an inability to maintain adequate performance in the
educational environment that cannot be explained by physical, sensory,
socio-cultural, developmental, medical, or health (with the exception of mental
health) factors; and must demonstrate one or more of the following
characteristics described in paragraphs (4)(a) or (4)(b) of this rule and meet
the requirements of paragraphs (4)(c) and (4)(d) of this rule:
(a) Internal factors characterized by:
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
(b) External factors characterized by:
1. An inability to build or maintain
satisfactory interpersonal relationships with peers, teachers, and other adults
in the school setting; or
2.
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 as specified in
subparagraphs (4)(a)1.-3. of this rule.
(c) The characteristics described in
paragraph (4)(a) or (b) of this rule, must be present for a minimum of six (6)
months duration and in two (2) or more settings, including but not limited to,
school, educational environment, transition to and/or from school, or
home/community settings. At least one (1) setting must include
school.
(d) The student needs
special education as defined in paragraph
6A-6.03411(1)(kk),
F.A.C.
(e) In extraordinary
circumstances, general education interventions and activities as described in
subsection (2) of this rule, and criteria for eligibility described in
paragraph (4)(c) of this rule, may be waived when immediate intervention is
required to address an acute onset of an internal emotional/behavioral
characteristic as listed in paragraph (4)(a) of this rule.
(5) Characteristics not indicative of a
student with an emotional/behavioral disability:
(a) Normal, temporary (less than six (6)
months) reactions to life event(s) or crisis; or
(b) Emotional/behavioral difficulties that
improve significantly from the presence of evidence based implemented
interventions; or
(c) Social
maladjustment unless also found to have an emotional/behavioral
disability.
Rulemaking Authority
1003.01,
1003.57,
1003.571 FS. Law Implemented
1003.01,
1003.57,
1003.571
FS.
New 7-1-77, Amended 10-23-79, 11-25-80, 1-6-83, 9-27-84,
3-10-85, Formerly 6A-6.3016, Amended 7-1-07,
12-15-09.
