Florida Administrative Code › 6 - DEPARTMENT OF EDUCATION › 6A - State Board of Education › Chapter 6A-6 - SPECIAL PROGRAMS I › Section 6A-6.0331 - General Education Intervention Procedures, Evaluation, Determination of Eligibility, Reevaluation and the Provision of Exceptional Student Education Services

Current through Reg. 50, No. 138; July 16, 2024
The state's goal is to provide full educational opportunity
				  and a free appropriate public education (FAPE) to all students with
				  disabilities ages three (3) through twenty-one (21) and to students who are
				  gifted in grades kindergarten through 12. School districts have the
				  responsibility to ensure that students suspected of having a disability are
				  subject to general education intervention procedures. They must ensure that all
				  students with disabilities or who are gifted and who are in need of exceptional
				  student education (ESE) as defined in paragraph
				  6A-6.03411(1)(n),
				  F.A.C., are identified, located, and evaluated, and FAPE is made available to
				  them if it is determined that the student meets the eligibility criteria
				  specified in Rules 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-6.03019,
				  6A-6.03020,
				  6A-6.03022,
				  6A-6.03023, paragraph
				  6A-6.03026(1)(b)
				  and Rule 6A-6.03027, F.A.C. ESE includes
				  specially designed instruction as defined in paragraph
				  6A-6.03411(1)(jj),
				  F.A.C.; special education as defined in paragraph
				  6A-6.03411(1)(kk),
				  F.A.C.; and related services as defined in paragraph
				  6A-6.03411(1)(dd),
				  F.A.C. These requirements apply to all students, including those who are
				  homeless or are wards of the state or who attend private schools, regardless of
				  the severity of their disability. Additionally, school districts may elect to
				  serve children with disabilities below the age of three (3) years in
				  collaboration with the Part C Early Steps Program. The procedures and criteria
				  for general education interventions, identification, evaluation, and
				  determination of eligibility of students with disabilities and gifted students
				  by school districts shall be set forth in the school district's ESE Policies
				  and Procedures document consistent with the following requirements.
(1) General education intervention procedures
				for kindergarten through grade twelve (12) students suspected of having a
				disability who are enrolled in public schools. It is the local school
				district's responsibility to develop and implement a multi-tiered system of
				support which integrates a continuum of academic and behavioral interventions
				for students who need additional support to succeed in the general education
				environment. In implementing a data-based problem solving process designed to
				develop, implement and evaluate a coordinated continuum of evidence-based
				instruction and intervention practices, a school district may carry out problem
				solving activities that include the provision of educational and behavioral
				evaluations, services, and supports, including evidence-based literacy
				instruction and professional development for teachers and other school staff to
				enable them to deliver scientifically based academic and behavioral
				interventions and, where appropriate, instruction on the use of adaptive and
				instructional technology. The general education intervention requirements set
				forth in paragraphs (a) through (e) of this subsection, are not required of
				students suspected of being gifted or who are being considered for eligibility
				in accordance with Rule
				6A-6.03020, F.A.C., for special
				education and related services for students who are homebound or hospitalized.
				The general education interventions requirements set forth in paragraphs (a),
				(b) and (e) of this subsection, may not be required for students suspected of
				having a disability if a team that comprises qualified professionals and the
				parent determines that these general education interventions are not
				appropriate for a student who demonstrates a speech disorder or severe
				cognitive, physical or sensory disorders, or severe social/behavioral deficits
				that require immediate intensive intervention to prevent harm to the student or
				others.
(a) Parent involvement in general
				education intervention procedures. Opportunities for parents to be involved in
				a data-based problem solving process to address the student's areas of concern
				must be made available. In addition, there must be discussion with the parent
				regarding the data used to identify the problem and monitor student progress,
				the student's response to instruction and interventions, modification of the
				interventions, and anticipated future action to address the student's learning
				and/or behavioral needs. Documentation of parental involvement and
				communication must be maintained.
(b) Observations of the student must be
				conducted in the educational environment and, as appropriate, other settings to
				document the student's learning or behavioral areas of concern. At least one
				(1) observation must include an observation of the student's performance in the
				general classroom.
(c) Review of
				existing data, including anecdotal, social, psychological, medical, and
				achievement (including classroom, district and state assessments) shall be
				conducted. Attendance data shall be reviewed and used as one indicator of a
				student's access to instruction.
(d) Vision and hearing screenings shall be
				conducted for the purpose of ruling out sensory deficits that may interfere
				with the student's academic and behavioral progress, and additional screenings
				or assessments to assist in determining interventions may be conducted, as
				appropriate. The screening of a student by a teacher or specialist to determine
				appropriate instructional strategies for curriculum implementation shall not be
				considered to be an evaluation for eligibility for special education and
				related services.
(e)
				Evidence-based interventions addressing the identified areas of concern must be
				implemented in the general education environment. The interventions selected
				for implementation should be developed by a team through a data-based problem
				solving process that uses student performance data to identify and analyze the
				area(s) of concern, select and implement interventions, and monitor the
				effectiveness of the interventions. Interventions shall be implemented as
				designed for a period of time sufficient to determine effectiveness, and with a
				level of intensity that matches the student's needs. Pre-intervention and
				ongoing progress monitoring measures of academic and/or behavioral areas of
				concern must be collected and communicated to the parents in an understandable
				format, which may include, but is not limited to, graphic
				representation.
(f) Nothing in this
				section should be construed to either limit or create a right to FAPE under
				Rules 6A-6.03011 -.0361, F.A.C., or to
				delay appropriate evaluation of a student suspected of having a
				disability.
(g) A school district
				may not use more than fifteen (15) percent of the amount it receives under Part
				B of the IDEA for any fiscal year to develop and implement a coordinated
				continuum of evidence-based general education interventions for students in
				kindergarten through grade twelve (12) who are not currently identified as
				needing special education and related services but who need additional support
				to succeed in the general education environment. Funds made available to carry
				out this paragraph may be used to carry out general education intervention
				procedures aligned with activities funded by and carried out under the
				Elementary and Secondary Education Act (ESEA), if those funds are used to
				supplement, and not supplant, funds made available under the ESEA for the
				activities and services assisted under this paragraph. For IDEA Part B funds
				used in this way, the school district must annually report to the Florida
				Department of Education on the number of students served under this paragraph
				who received general education interventions and the number of students who
				received such services and subsequently receive special education and related
				services under Part B of the IDEA during the preceding two (2) year
				period.