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

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Terms Used In Florida Regulations 6A-6.03026

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
    (a) The child is below three (3) years of age and meets criteria for eligibility specified for intellectual disabilities in accordance with Fl. Admin. Code R. 6A-6.03011; deaf or hard of hearing in accordance with Fl. Admin. Code R. 6A-6.03013; visually impaired in accordance with Fl. Admin. Code R. 6A-6.03014; orthopedically impaired in accordance with Fl. Admin. Code R. 6A-6.030151; other health impaired in accordance with Fl. Admin. Code R. 6A-6.030152, traumatic brain injury in accordance with Fl. Admin. Code R. 6A-6.030153; dual sensory impaired in accordance with Fl. Admin. Code R. 6A-6.03022; autism spectrum disorder in accordance with Fl. Admin. Code R. 6A-6.03023; an established condition in accordance with Fl. Admin. Code R. 6A-6.03030; or developmentally delayed in accordance with Fl. Admin. Code R. 6A-6.03031
    (b) The child is three (3) through five (5) years of age and meets criteria for eligibility specified for intellectual disabilities in accordance with Fl. Admin. Code R. 6A-6.03011; speech impaired in accordance with Fl. Admin. Code R. 6A-6.03012; language impaired in accordance with Fl. Admin. Code R. 6A-6.030121; deaf or hard of hearing in accordance with Fl. Admin. Code R. 6A-6.03013; visually impaired in accordance with Fl. Admin. Code R. 6A-6.03014; orthopedically impaired in accordance with Fl. Admin. Code R. 6A-6.030151; other health impaired in accordance with Fl. Admin. Code R. 6A-6.030152; traumatic brain injury in accordance with Fl. Admin. Code R. 6A-6.030153; emotional or behavioral disabilities in accordance with Fl. Admin. Code R. 6A-6.03016; specific learning disabilities in accordance with Fl. Admin. Code R. 6A-6.03018; homebound or hospitalized in accordance with Fl. Admin. Code R. 6A-6.03020; dual sensory impaired in accordance with Fl. Admin. Code R. 6A-6.03022; autism spectrum disorder in accordance with Fl. Admin. Code R. 6A-6.03023; or developmentally delayed in accordance with Fl. Admin. Code R. 6A-6.03027
    (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 Fl. Admin. Code R. 6A-6.0331
    (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 Florida Statutes § 1003.21, 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 Florida Statutes § 1008.25 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 Florida Statutes § 1003.21
    (b) In the provision of early intervention services as defined in Fl. Admin. Code R. 6A-6.03411(1)(i), for eligible infants or toddlers with disabilities, home instruction may include direct instruction of the parent, guardian, or primary caregiver.
Rulemaking Authority 1001.02, 1003.01, 1003.21, 1003.57 FS. Law Implemented 1003.01, 1003.21, 1003.57 FS. History-New 5-18-86, Amended 7-13-93, 1-4-94, 3-25-13.