Fla. Admin. Code R. 6A-6.03026

Current through Reg. 50, No. 235-239, December 10, 2024

Section 6A-6.03026 - Eligibility Criteria for Prekindergarten Children with Disabilities

(1) A prekindergarten child with disability is a child who meets the following criteria:

(a) The child is below three (3) years of age and meets criteria for eligibility specified for intellectual disabilities in accordance with Rule 6A-6.03011, F.A.C.; deaf or hard of hearing in accordance with Rule 6A-6.03013, F.A.C.; visually impaired in accordance with Rule 6A-6.03014, F.A.C.; orthopedically impaired in accordance with Rule 6A-6.030151, F.A.C.; other health impaired in accordance with Rule 6A-6.030152, F.A.C., traumatic brain injury in accordance with Rule 6A-6.030153, F.A.C.; dual sensory impaired in accordance with Rule 6A-6.03022, F.A.C.; autism spectrum disorder in accordance with Rule 6A-6.03023, F.A.C.; an established condition in accordance with Rule 6A-6.03030, F.A.C.; or developmentally delayed in accordance with Rule 6A-6.03031, F.A.C.

(b) The child is three (3) through five (5) years of age and meets criteria for eligibility specified for intellectual disabilities in accordance with Rule 6A-6.03011, F.A.C.; speech impaired in accordance with Rule 6A-6.03012, F.A.C.; language impaired in accordance with Rule 6A-6.030121, F.A.C.; deaf or hard of hearing in accordance with Rule 6A-6.03013, F.A.C.; visually impaired in accordance with Rule 6A-6.03014, F.A.C.; orthopedically impaired in accordance with Rule 6A-6.030151, F.A.C.; other health impaired in accordance with Rule 6A-6.030152, F.A.C.; traumatic brain injury in accordance with Rule 6A-6.030153, F.A.C.; emotional or behavioral disabilities in accordance with Rule 6A-6.03016, F.A.C.; specific learning disabilities in accordance with Rule 6A-6.03018, F.A.C.; homebound or hospitalized in accordance with rule 6A-6.03020, F.A.C.; dual sensory impaired in accordance with Rule 6A-6.03022, F.A.C.; autism spectrum disorder in accordance with Rule 6A-6.03023, F.A.C.; or developmentally delayed in accordance with Rule 6A-6.03027, F.A.C.

(2) Determination of Eligibility. Meetings held to determine eligibility shall be conducted in accordance with subsection 6A-6.0331(6), F.A.C.

(3) Procedures for evaluation.

(a) An evaluation of the child shall be conducted in accordance with requirements of rules listed in subsection (1) of this rule, and Rule 6A-6.0331, F.A.C.

(b) Existing screening and evaluation information available from agencies that previously served the child and family shall be used, as appropriate, to meet the evaluation requirements of the rules listed in subsection (1) of this rule.

(4) Instructional program.

(a) A child who is eligible for admission to public kindergarten in accordance with Section 1003.21, F.S., and is eligible as a child with a disability in accordance with one or more of the rules identified in paragraph (1)(b) of this rule, may receive instruction for one additional school year in a prekindergarten classroom in accordance with the child's individual educational plan (IEP) or individualized family support plan (IFSP). The parent or guardian of a child who receives instruction for this additional year in prekindergarten must be informed in writing of future implications of such a decision with regard to the requirements of mandatory retention in accordance with Section 1008.25, F.S. If the parent or guardian does not concur with the IEP or IFSP team's recommendation for an additional year of instruction in a prekindergarten classroom, the IEP or IFSP team recommendation may not be used to deny admission to public kindergarten of a child who is eligible for admission in accordance with Section 1003.21, F.S.

(b) In the provision of early intervention services as defined in paragraph 6A-6.03411(1)(i), F.A.C., for eligible infants or toddlers with disabilities, home instruction may include direct instruction of the parent, guardian, or primary caregiver.

Fla. Admin. Code Ann. R. 6A-6.03026

Rulemaking Authority 1001.02, 1003.01, 1003.21, 1003.57 FS. Law Implemented 1003.01, 1003.21, 1003.57 FS.

New 5-18-86, Amended 7-13-93, 1-4-94, 3-25-13.