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QUESTIONS and ANSWERS

Rule 6A-6.03016, FAC.

Exceptional Student Education Eligibility for Students with Emotional/Behavioral Disabilities

Technical Changes - Emotional/Behavioral Disabilities

  • The term “emotional/behavioral disabilities.”
  • More accurately reflects the educational implications of the disability.
  • Is consistent with recommendations from professional associations.
Programmatic Changes - Emotional/Behavioral Disabilities
  • The definition was substantially revised to be more family friendly and in line with the federal definition.
  • Includes the terms “persistent” and “consistent.”
  • Requires that emotional/behavioral characteristics be present for at least six months, except in “extraordinary circumstances.”
  • Allows for “extraordinary circumstances” for eligibility determination (prior to six months) to address acute onset of mental illness.
  • Clarifies that the student's inability to maintain adequate performance cannot be explained exclusively by physical, sensory, socio-cultural, developmental, medical, or health factors.
  • Requires that schools and evaluation teams consider the student's response to academic and behavioral interventions before make a determination of emotional/behavioral disabilities.
  • Includes both internal and external factors as a means to identify students.

SP&P Content - EBD

  • Four components of minimum evaluation
  • Functional behavior assessment
  • Psychological evaluation
  • Review of educational data and academic performance, with additional academic evaluations completed if needed
  • Social-developmental history compiled from a structured interview with the parent or guardian

Frequently Asked Questions

What MIS Code will be used?

MIS Code “J”

How will this rule change affect placements, including in center schools?

Placement decisions should not be affected with regard to current service delivery models. There is still a need for a full continuum of services.

What should we communicate to parents?

The student's needs are going to continue to be met. Settings will not change based on the new rule title or eligibility criteria. There will be increased emphasis on addressing how well their child is responding to the interventions attempted.

How will the activities prior to referral be different?

  • Interventions must be developed for classroom, small group, and individual implementation prior to referral.
  • Interventions must be implemented with fidelity and to the extent possible, should be monitored and assessed in comparison to the student's peers.
  • Responses to interventions-rather than processes-will drive decision-making.

 

 

ESE Eligibility for Students Who Are
Deaf or Hard-of-Hearing

Technical Changes

DHH Rule

 

 

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PURPOSE AND EFFECT: The purpose of these revisions is to incorporate the revisions required for programs for students with disabilities by the amendments to the federal law, the Individuals with Disabilities Education Act (IDEA) 20 U.S.C. Chapter 33, and its implementing regulations and to update rule language to reflect current knowledge in the field. The effect of these revisions will be consistency with the federal requirements and current knowledge in the respective fields.