Section 6D-3.002 - Admission and Enrollment Requirements(1) Definitions. All references to "School" shall mean the Florida School for the Deaf and Blind (FSDB).(a) Admission. The registration of a student who has been determined to meet the School's eligibility criteria for enrollment as a full-time student in the educational program at the School.(b) Applicant. A child or adult student who seeks admission into the educational program of the School.(c) Application. The form entitled Application for Student Evaluation (FSDB 2013-01), effective as of April 24, 2015, incorporated by reference, available on the internet at http://www.fsdb.k12.fl.us/application/AppforStuEvalEnglish4-6-15.pdf also available on the internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-06966, or Application for Student Evaluation (FSDB 2013-01 SP), effective as of April 24, 2015, incorporated by reference, available on the internet at http://www.fsdb.k12.fl.us/application/AppforStuEvalSpanish4-6-15.pdf, also available on the internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-06967, or by sending a request to Florida School for the Deaf and the Blind, Admissions, 207 N. San Marco Avenue, St. Augustine, Florida 32084, provided by the School to all individuals seeking admission to the School's educational program. Accurate completion of the form is mandatory and a prerequisite to the process for determining a student's eligibility for admission.(d) Application process. Also known as the Intake Process. The process for determining a student's eligibility for admission to the School's educational program. The process shall start with the applicant submitting a complete and accurate application, shall include a thorough review of the applicant's records, including the results of any new evaluations obtained by School professionals, and shall conclude with the determination of the applicant's eligibility or ineligibility for admission.(e) Assignment. The determination by the staffing committee of the educational program(s) in the School to which the student is assigned.(f) Deaf or Hard-of-Hearing. Applicants or students who meet the following criteria shall satisfy the hearing loss requirement for eligibility to attend the School: 1. An audiological evaluation documents a permanent or fluctuating hearing threshold level that interferes with progress in any one (1) of the following areas: developmental skills or academic performance, social-emotional development, or linguistic and communicative skills as evidenced by:a. A hearing threshold level of 25 decibel (dB) ± 5 dB or greater based on pure tone average or average of 500, 1000, and 2000 Hz unaided in the better ear; orb. A high frequency hearing threshold level of 25 dB ± 5 dB or greater based on pure tone average of 1000, 2000, and 3000 Hz unaided in the better ear; orc. A unilateral hearing threshold level of 50 dB ± 5 dB or greater based on pure tone average of 500, 1000, and 2000 Hz unaided; ord. Auditory Evoked Potential responses evidencing permanent hearing loss at multiple frequencies equivalent to or in excess of the decibel hearing loss threshold criteria for pure tone audiometric testing specified in subparagraphs (f)(1)a., b., and c. of this rule; and(g) Dual-Sensory Impaired. Applicants or students who meet the following criteria shall satisfy the dual-sensory impairment requirement for eligibility to attend the School: 1. For students who are diagnosed with a medical condition having the potential for dual sensory loss: a. A medical report from a physician licensed in Florida in accordance with Chapter 458 or 463, 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., effective as of December 23, 2014, incorporated by reference, available on the internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-05198, confirming the existence of such a diagnosis, its prognosis, and the potential for dual sensory loss; and,b. The student needs special education as defined in paragraph 6A-6.03411(1)(kk), F.A.C.; or2. For students with vision and hearing loss:a. Evidence of a vision loss as established in paragraph 6D-3.002(1)(p), F.A.C., or functional blindness as defined by paragraph 6A-6.03022(1)(b), F.A.C., effective as of December 23, 2014, incorporated by reference, available on the internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-05199; and,b. Evidence of a hearing loss as established in paragraph 6D-3.002(1)(f), F.A.C., or functional hearing loss as defined by paragraph 6A-6.03022(1)(c), F.A.C.; andc. The student needs special education as defined in paragraph 6A-6.03411(1)(kk), F.A.C.(h) Educational program. The placement, services, and individualized instruction provided to a student specifically tailored to address the student's educational strengths, weaknesses and objectives. All references to the term "educational program" in this rule shall refer to the day program of the School.(i) Enrollment. The registration by the School of the applicant's name on the School's student roster for purposes of recording with the State the student's attendance at the School. The student may be enrolled as either a fully admitted student who meets the School's eligibility criteria, or as a student on Temporary Assignment pending an eligibility determination.(j) File Review process. The process of conducting a comprehensive review of an application for admission to the School's educational program, as well as all accompanying records to determine whether additional records or information is or are necessary before the applicant can be scheduled for Intake evaluations.(k) Florida applicant. An applicant whose residence is within the state of Florida.(l) Residence. The actual physical presence in a place as the parent, legal guardian or adult applicant's place of abode, with the intention to remain there permanently or for an indefinite period of time. Actual presence of the parent, legal guardian or adult applicant for the sole purpose of receiving free education shall not be considered residence.(m) Staffing Committee. Committee of School professionals, including the Staffing Coordinator, evaluators, assistant principals, and Individual Education Plan (IEP) Coordinators, who participate in making a determination as to whether a student meets the School's eligibility criteria for admission to the educational program. An Eligibility Staffing Committee makes the recommendation as to whether an applicant meets the School's eligibility criteria. A Continuation Staffing Committee makes the recommendation as to whether an enrolled student continues to meet the School's admission criteria.(n) Staffing Coordinator. School professional who facilitates an applicant's file review process, is knowledgeable about the School's enrollment criteria, and serves as the Chairperson of Eligibility and Continuation Staffing Committee meetings. The Staffing Coordinator is the President's Designee and makes the final decision on the applicant's eligibility for the School.(o) Temporary Assignment. An applicant's attendance (with parental or guardian consent if the student is a minor) in the School for no more than 90 school days for the School staff to complete evaluations and gather additional information to make an eligibility determination. Temporary Assignment status does not guarantee admission to the educational program as a student who meets the School's eligibility criteria. If the Eligibility Staffing Committee determines that a student on Temporary Assignment status is not eligible for admission to the educational program, the student shall return to the student's local educational agency. If the student pursues a due process hearing to challenge the School's ineligibility determination, the student's "stay put" placement shall not be the School, but shall be the student's local educational agency.(p) Visually Impaired. Applicants or students who meet the following criteria shall satisfy the vision loss requirement for eligibility to attend the School: 1. Medical. A licensed ophthalmologist or optometrist has documented an eye condition that causes an impairment as manifested by at least one of the following: a. A visual acuity of 20/70 or less in the better eye after best possible correction;b. A peripheral field so constricted that it affects the student's ability to function in an educational setting;c. A progressive loss of vision which may affect the student's ability to function in an educational setting, not including students who have learning problems that are primarily the result of either or both of visual perceptual and visual motor difficulties; ord. For children birth to five (5) years of age or students who are otherwise unable to be assessed, bilateral lack of central, steady, or maintained fixation of vision with an estimated visual acuity of 20/70 or less after best possible correction; bilateral central scotoma involving the perimacula area (20/80-20/200); bilateral grade III, IV, or V Retinopathy of Prematurity (ROP); or documented eye impairment as stated in paragraph 6A-6.03014(3)(a), F.A.C., effective as of March 1, 2008, incorporated by reference, available on the internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-05197;2. The student needs special education as defined in paragraph 6A-6.03411(1)(kk), F.A.C.(2) Criteria for Admission and Continued Enrollment. (a) Florida applicants who meet the School's admission criteria are qualified for enrollment or continued enrollment without the payment of tuition. Non-Florida applicants who meet admission criteria other than residency shall be enrolled on a tuition basis provided that such enrollment does not deny admission to any qualified applicant who is a resident of Florida.(b) In addition to meeting the criteria for admission, an applicant shall be classified as a "Florida student" or a "non-Florida student." A non-Florida student shall be required to pay the tuition charges annually established by the Board of Trustees. 1. In determining residence, the School shall consider such matters as voter registration, driver's license, automobile registration, location of bank accounts, rent receipts or any other similar evidence that tends to show the intent to abide in a jurisdiction permanently or for an indefinite period of time.2. If the applicant is a minor: a. The applicant shall be presumed to have the same residence as the applicant's parents or as the parent who has legal custody of the applicant, in the absence of contrary evidence.b. If the applicant's parents reside outside Florida or if the parent who has legal primary custody of the applicant resides outside Florida, the applicant will be presumed to be a non-Florida student in the absence of contrary evidence.c. If the applicant claims entitlement to be classified as a Florida student due to the appointment by a court of competent jurisdiction of a guardian, or if the applicant has a legal custodian other than the applicant's parents, the burden of establishing a Florida residence is on the applicant.3. Application for admission as a "Florida student" shall include a written statement by the applicant if 18 years of age or older, or made by the applicant's parents, guardian or legal custodian if a minor, that the applicant is entitled to classification as a Florida student under this rule.(c) Eligible applicants shall be offered enrollment in the School's day program upon attaining three (3) years of age.(d) Eligible applicants eighteen years or older shall be offered enrollment through the age of twenty-one.(e) An applicant is qualified for admission to the School's program for the deaf and hard-of-hearing if the applicant meets all of the following admission criteria: 1. Evidence of a hearing loss as established in paragraph 6D-3.002(1)(f), F.A.C.2. The applicant must possess evidence of the following minimum daily living skills: a. Finger feeds self, chews and swallows most foods;b. Indicates awareness of being soiled or wet;c. Assists in dressing self; and,d. Cooperates in bathing.3. Evidence that the deaf or hard-of-hearing applicant does not exhibit behaviors that adversely affect functioning. Such determination shall be based on: a. Evidence of an uneven developmental profile and a pattern of qualitative impairments in social interaction, and communication and the presence of restricted or repetitive patterns of behavior, interests, or activities.b. Medically diagnosed physical or psychiatric condition which is acute or catastrophic in nature, or a chronic illness, or a repeated intermittent illness due to a persisting medical problem which confines the student to home or hospital, and restricts activities for an extended period of time.c. Measured level of intellectual functioning more than three (3) standard deviations below the mean on an individually measured, standardized test of intellectual functioning; and level of adaptive functioning more than three (3) standard deviations below the mean on the adaptive behavior composite or on two (2) out of three (3) domains on a standardized test of adaptive behavior.(f) An applicant is qualified for admission to the School's program for the visually impaired if the applicant meets all of the following admission criteria:1. Evidence of a vision loss as established in paragraph 6D-3.002(1)(p), F.A.C.2. The applicant must possess evidence of the following minimum daily living skills: a. Finger feeds self, chews and swallows most foods;b. Indicates awareness of being soiled or wet;c. Assists in dressing self; and,d. Cooperates in bathing.3. Evidence that the visually impaired applicant does not exhibit behaviors that adversely affect functioning. Such determination shall be based on: a. Evidence of an uneven developmental profile and a pattern of qualitative impairments in social interaction, communication and the presence of restricted or repetitive patterns of behavior, interests, or activities.b. Medically diagnosed physical or psychiatric condition which is acute or catastrophic in nature, or a chronic illness, or a repeated intermittent illness due to a persisting medical problem which confines the student to home or hospital, and restricts activities for an extended period of time.c. Measured level of intellectual functioning more than three (3) standard deviations below the mean on an individually measured, standardized test of intellectual functioning; and level of adaptive functioning more than three (3) standard deviations below the mean on the adaptive behavior composite or on two (2) out of three (3) domains on a standardized test of adaptive behavior.(g) An applicant is qualified for admission into the School's program for the dual-sensory impaired if the applicant meets the following admission criteria: 1. Evidence of a dual-sensory loss as established in paragraph 6D-3.002(1)(g), F.A.C.2. The applicant must possess evidence of the following minimum daily living skills: a. Finger feeds self, chews and swallows most foods;b. Indicates awareness of being soiled or wet;c. Assists in dressing self; and,d. Cooperates in bathing.3. Evidence that the dual-sensory impaired applicant does not exhibit behaviors that adversely affect functioning. Such determination shall be based on: a. Evidence of an uneven developmental profile and a pattern of qualitative impairments in social interaction and communication, and the presence of restricted or repetitive patterns of behavior, interests, or activities.b. Medically diagnosed physical or psychiatric condition which is acute or catastrophic in nature, or a chronic illness, or a repeated intermittent illness due to a persisting medical problem which confines the student to home or hospital, and restricts activities for an extended period of time.c. Measured level of intellectual functioning more than three (3) standard deviations below the mean on an individually measured, standardized test of intellectual functioning; and level of adaptive functioning more than three (3) standard deviations below the mean on the adaptive behavior composite or on two (2) out of three (3) domains on a standardized test of adaptive behavior.(h) An applicant may not be qualified for admission or continued enrollment: 1. If the applicant or student is determined to be a danger to self or others. Such determination shall be based on evidence of the student's severe injurious, or potentially injurious, behaviors to self or others; lack of awareness or understanding of the surrounding environment; suicidal or homicidal statements, gestures, or ideations; non-compliance with medical management; need for a highly structured program specifically designed for students with mental illnesses or disorders, providing necessary services including extensive counseling, as well as consultation from mental health, medical, or other healthcare professionals.2. If the applicant or student is determined to be disruptive to other students or to the educational process of that applicant or student, or of other students. Such determination shall be based on evidence of the student's threatening, aggressive, harassing behaviors towards others; level of functioning that requires continuous and excessive supervision by staff, which interferes with the ability of staff to tend to the educational or functional needs of other students; frequent, recurrent pattern of negative, defiant, disobedient, or hostile behavior toward others, including refusing to comply with rules or directives, deliberately annoying others, and blaming others for the student's own misconduct.3. If the applicant or student is determined to have medically related health or safety issues that are beyond the scope of either or both of the School's health care center established pursuant to Section 1002.36(4)(e)5., F.S., or the School's educational program to appropriately manage within their resources.4. If the parent or adult student refuses to give consent for emergency medical treatment or for the development of a health care plan for students with involved medical problems.(i) A determination that a student or applicant does not meet eligibility criteria for admission to or continued enrollment in the School's educational program shall be based upon a recommendation by the Staffing Committee, in consultation with professionals. The Staffing Committee's recommendation shall be based upon all available data, including evidence of past behaviors, criminal activity, and health and safety concerns. A final determination of admission or continued enrollment will be made by the President or designee. Impartial due process hearings may be initiated as provided by Rule 6A-6.03311, F.A.C., effective as of March 25, 2014, incorporated by reference, available on the internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-05200, as a result of such determinations.(j) There must be individualized evaluation(s) by a qualified individual(s), a determination that the child is eligible to receive specially designed instruction and related services, and a proposed or current IEP, as defined by paragraph 6A-6.03411(1)(u), F.A.C., by a school district.(3) Procedures for Application. (a) The School shall maintain an initial application form, the completion of which commences the application process.(b) Applications for the admission of a student may be submitted by school personnel from the school district/local education agency as defined in paragraph 6A-6.03411(1)(ee), F.A.C., in which the applicant, applicant's parents, legal guardian, or other person with legal custody resides, hereinafter called the "School District, " although a student may not be evaluated or admitted without consent of parents or parent with legal authority to apply, or legal guardian, or student if the student is an adult.(c) Applications for admission may be submitted directly to the School by parents or parent with legal authority to apply, legal guardian, or adult applicant.(d) If the applicant has already been evaluated by the School District, pursuant to Section 1003.57, F.S. and Rule 6A-6.0331, F.A.C., and determined eligible as a student with a disability, the applicant shall be considered for admission.(e) If the applicant has not been evaluated by the School District pursuant to Section 1003.57, F.S. and Rule 6A-6.0331, F.A.C., and determined eligible as a student with a disability, a School District and the School may enter into an agreement for the School to evaluate the applicant to determine eligibility for Exceptional Student Education (ESE), as defined by paragraph 6A-6.03411(1)(n), F.A.C.(f) The School shall immediately send a copy of a completed application form to the School District in which the adult applicant or, if the applicant is a minor, his or her parents, legal guardian or person having legal custody of the minor applicant resides and shall request from the School District all current evaluation data and a copy of the current or proposed IEP.(4) Procedures for Determining Admissions and Assignment. (a) Upon receipt of a completed application form from a School District, parent or legal guardian, or adult student, the School shall obtain educational, medical, and other records relating to the applicant to assist the Staffing Committee in its determination of the applicant's eligibility for admission to the School.(b) The Staffing Committee's determination of an applicant's eligibility for admission shall be made after all records have been obtained and reviewed, any additional requisite evaluations have been conducted, and no additional information is deemed appropriate by the Staffing Committee.(c) An applicant may be considered for a Temporary Assignment for extended evaluation when a determination of the applicant's eligibility for admission cannot be established through the initial staffing process. A Staffing Committee may recommend that an applicant attend the School on a Temporary Assignment basis for not more than ninety (90) school days. An IEP for the applicant shall be developed and implemented by the School for the duration of the Temporary Assignment.(d) The Eligibility Staffing Committee shall include the Staffing Coordinator as the chair of the committee and the President's designee, the parents or legal guardian(s), the applicant, professionals qualified to interpret the evaluation results, and other professionals as necessary (for example, audiologist, assistant principal, educational diagnostician, psychologist, health care representative). In addition, a written invitation shall be extended to a representative of the applicant's School District attend and participate in the Intake. Additional personnel may be involved in the staffing meetings as requested by the parent, School, or the School District.(e) The location of the Staffing Committee meeting shall be at the School unless another location is mutually agreed upon by the School, the School District, and the parent.(f) In making admission and assignment decisions, the Staffing Committee shall:1. Draw upon information from a variety of sources, including assessments, teacher recommendations, evidence of the applicant's physical and emotional health, factors relating to the applicant's social or cultural background, and indicators of the applicant's level of functioning, including adaptive behavior skills;2. Ensure that information obtained from all of these sources is carefully considered.(g) If a determination is made that an applicant meets the School's eligibility criteria and is qualified for admission, the IEP Team shall convene and develop an IEP for the newly admitted student in accordance with Rule 6A-6.03028, F.A.C., effective as of December 23, 2014, incorporated by reference, available on the internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-05201.(h) The student's School District has the initial responsibility of identifying and evaluating the special education needs of the student. If the student then submits an application to the School for enrollment in the School's educational program, and if the student is determined to meet the eligibility criteria for admission to the School's educational program, the School is responsible for the provision of a free appropriate public education. However, a subsequent determination by the School that the student no longer meets eligibility criteria immediately transfers the responsibility for the provision of a special educational program and related services back to the student's School District.(i) The President of the School or designee shall be responsible for the following:1. Reviewing the recommendations for eligibility made by a staffing committee, and, if necessary, reviewing the data relied upon by the committee.2. Making final decisions on eligibility.3. Ensuring that an adult applicant or parents or other legal guardians have been appropriately informed of the Staffing Committee's recommendation and the data upon which the recommendation relies, and ensuring that the consent of an adult applicant, or the parent or legal guardian of an applicant, has been obtained for the applicant to attend the School.4. Informing the appropriate School District of the School's determination of eligibility and enrollment of each applicant.5. Ensuring that appropriate procedures and parent notices are completed when a student is deemed no longer eligible for continued enrollment in the School.(j) The School, or the parent, other legal guardian or eligible adult student, who disagrees with the IEP prepared by the School, or the assignment of the student under the IEP, has a right to dispute resolution available through the Department of Education, as well as a due process hearing as provided by subsection 6A-6.03311(9), F.A.C.(5) Disenrollment/Continued Enrollment.(a) A student who no longer meets the eligibility criteria of the School described in subsection 6D-3.002(2), F.A.C., or whose re-evaluation(s) as described in Rule 6A-6.0331, F.A.C., indicate(s) that the student may no longer meet the School's eligibility criteria may be disenrolled from the School following a Continuation Staffing.(b) A student shall not be allowed to remain on campus if the student is considered to be a danger to self or others.(c) Upon review of the Continuation Staffing Committee's recommendations, which shall be based on current evaluative data, the President or designee shall render the final decision regarding eligibility for the School.(d) Parents, legal guardians, and adult students shall be invited to participate in the Continuation Staffing. The staffing procedures pursuant to Rule 6D-3.002, F.A.C., shall be followed. The President or designee may order an additional staffing committee meeting if it is determined proper procedures were not followed.(e) Disenrollment of a student shall not take effect until 14 calendar days after the President's, or designee's, written notification of the disenrollment to the school district and to the student's parents or legal guardians or the adult student. The written notification of the disenrollment shall be sent by registered mail, return receipt requested. The School's normal disciplinary procedures may be followed during these proceedings.(f) If the School's medical director suspects that a student may have medically related health or safety issues that are beyond the scope of care of the School's health care center, the student shall immediately be sent home, and the student's ensuing absences shall be registered as excused.(g) When a student is withdrawn by a parent or legal guardian, or if an adult student withdraws, the School shall notify by mail, as soon as possible, the student's most current or last known local school district.(h) Parents, legal guardians, and adult students may request a due process hearing in accordance with Rule 6A-6.03311, F.A.C., to challenge the student's disenrollment from the School under these provisions.Fla. Admin. Code Ann. R. 6D-3.002
Rulemaking Authority 1002.36 FS. Law Implemented 1002.36 FS.
New 12-19-74, Revised 1-29-76, Amended 1-29-80, 5-2-86, Formerly 6D-3.02, Amended 5-5-87, 4-12-90, 12-20-92, 3-29-95, 3-25-96. Cf. P. L. 94-142, RSA 1401<subdiv>(18), (19)</subdiv>, RSA 1412<subdiv>(2), (5), (6)</subdiv>, RSA 1413<subdiv>(a)(2)</subdiv>, Federal Register, Volume 42, Number 163, Regulations 121a.2, 121a.4, 121a.503, Amended by Florida Register Volume 41, Number 057, March 24, 2015 effective 4/7/2015, Amended by Florida Register Volume 42, Number 115, June 14, 2016 effective 6/28/2016.New 12-19-74, Revised 1-29-76, Amended 1-29-80, 5-2-86, Formerly 6D-3.02, Amended 5-5-87, 4-12-90, 12-20-92, 3-29-95, 3-25-96, 4-7-15, 6-28-16.