Current through Reg. 50, No. 187; September 24, 2024
(1)
Definition. For the purposes of this rule, the following definition applies:
Homebound or hospitalized student. A homebound or hospitalized student is a
student who has a medically diagnosed physical or psychiatric condition that is
acute or catastrophic in nature, a chronic illness, or a repeated intermittent
illness due to a persisting medical problem and which confines the student to
home or hospital, and restricts activities for an extended period of
time.
(2) Criteria for eligibility.
A student is eligible for educational instruction through homebound or
hospitalized services if the following criteria are met.
(a) A physician licensed in Florida in
accordance with Chapter 458 or 459, F.S., unless a report of medical
examination from a physician licensed in another state is permitted in
accordance with paragraph
6A-6.0331(3)(e),
F.A.C., must certify that the student:
1. Is
expected to be absent from school due to a physical or psychiatric condition
for at least fifteen (15) consecutive school days, or the equivalent on a block
schedule, or due to a chronic condition, for at least fifteen (15) school days,
or the equivalent on a block schedule, which need not run consecutively; and,
2. Is confined to home or
hospital,
3. Will be able to
participate in and benefit from an instructional program,
4. Is under medical care for illness or
injury that is acute, catastrophic, or chronic in nature; and,
5. Can receive instructional services without
endangering the health and safety of the instructor or other students with whom
the instructor may come in contact.
(b) The student is enrolled in a public
school in kindergarten through twelfth grade unless the student meets criteria
for eligibility under Rule
6A-6.03011,
6A-6.03012,
6A-6.030121,
6A-6.03013,
6A-6.03014,
6A-6.030151,
6A-6.030152,
6A-6.030153,
6A-6.03016,
6A-6.03018,
6A-6.03022,
6A-6.03023 or
6A-6.03027, F.A.C.
(c) A child is three (3) through five (5)
years of age and has been determined eligible as a student with a disability in
accordance with Section
1003.571, F.S., and Rule
6A-6.03011, 6A-6.03012, 6A-6.030121, 6A-6.03013, 6A-6.03014, 6A-6.030151,
6A-6.030152, 6A-6.030153, 6A-6.03016, 6A-6.03018, 6A-6.03022, 6A-6.03023,
6A-6.03026, 6A-6.03027 or 6A-6.03411, F.A.C.
(d) A parent, guardian or primary caregiver
signs a parental agreement concerning homebound or hospitalized policies and
parental cooperation.
(3)
Procedures for student evaluation. In addition to the provisions of subsection
6A-6.0331(5),
F.A.C., the minimum procedures for evaluation shall include the following:
(a) A current medical report from a licensed
physician, as defined in paragraph (2)(a) of this rule, describing the
following:
1. The disabling condition or
diagnosis with any medical implications for instruction,
2. A statement that the student is unable to
attend school,
3. The plan of
treatment,
4. Recommendations
regarding school re-entry and other school-related activites; and,
5. An estimated duration of condition or
prognosis.
(b) The team
determining eligibility may require additional evaluation data. This additional
evaluation data must be obtained at no cost to the parent.
(c) A physical reexamination and a medical
report by a licensed physician or physicians, which may be requested by the
administrator of exceptional student education or the administrator's designee
on a more frequent basis than annually, may be required if the student is
scheduled to attend school part of a day during a recuperative period of
readjustment to a full school schedule. This physical reexamination and medical
report shall be obtained at no cost to the parent.
(4) Procedures for providing an individual
educational plan (IEP) or individualized family support plan (IFSP). IEP or
IFSP shall be developed or revised following determination of eligibility in
accordance with this rule. A student may be assigned to both a homebound or
hospitalized program and to a school-based program due to an acute, chronic, or
intermittent condition as certified by a licensed physician, as specified in
subparagraph (2)(a)1. of this rule. This decision shall be made by the IEP or
IFSP team in accordance with the requirements of Rule
6A-6.03028 or
6A-6.03029, F.A.C.
(5) Instructional services. The following
settings and instructional modes, or a combination thereof, are appropriate
methods for providing instruction to students determined eligible for these
services:
(a) Instruction in a home. The
parent, guardian or primary caregiver shall provide a quiet, clean and
well-ventilated setting where the teacher and student will work; ensure that a
responsible adult is present; and establish a schedule for student study
between teacher visits that takes into account the student's medical condition
and the requirements of the student's coursework.
(b) Instruction in a hospital. The hospital
administrator or designee shall provide appropriate space for the teacher and
student to work and allow for the establishment of a schedule for student study
between teacher visits.
(c)
Instruction through telecommunications or electronic devices. When the IEP or
IFSP team determines that instruction is by telecommunications or electronic
devices, an open, uninterrupted telecommunication link shall be provided at no
additional cost to the parent, during the instructional period. The parent
shall ensure that the student is prepared to actively participate in
learning.
(d) Instruction in other
specified settings. The IEP or IFSP team may determine that instruction would
be best delivered in a mutually agreed upon alternate setting other than the
home, hospital or through telecommunications or electronic devices.
(e) Instruction in a school setting on a
part-time basis may be appropriate as the student transitions back to the
student's regular class schedule, if the IEP or IFSP team determines this meets
the student's needs.
(6)
Services for students in specialty hospitals. In accordance with the
requirements of Section
1003.57, F.S., eligible students
receiving treatment in a children's specialty hospital licensed in accordance
with Chapter 395, Part I, F.S., must be provided educational instruction from
the school district in which the hospital is located until the school district
in which the hospital is located enters into an agreement with the school
district in which the student resides. The agreement must ensure the timely
provision of seamless educational instruction to students who transition
between school districts while receiving treatment in the children's specialty
hospital.
(7) Notification
Agreement. A school district in which a children's specialty hospital is
located must enter into an agreement with the hospital that establishes a
process by which the hospital must notify the school district of students who
may be eligible for educational instruction through homebound or hospital
services pursuant to Section
1003.57,
F.S.
Rulemaking Authority
1001.02(1),
(2)(n),
1003.01(3)(a),
1003.57(1)(b),
1003.571(2) FS.
Law Implemented 1001.03(8),
1001.42(4)(l),
1003.01(3)(a),
(b),
1003.57(1)(b),
1003.571,
1011.62(1)(c)
FS.
New 7-1-77, Amended 7-2-79, 4-27-82, Formerly 6A-6.3020,
Amended 5-18-86, 9-20-04, 9-20-04, 1-16-08, 6-20-17. Cf.
PL
105-17 (20
USC 1401,
1412,
1414,
1415).
