LAWS IMPACTING GIFTED STUDENTS

AND PROGRAMS IN FLORIDA

Florida Department of Education - 2002
6A-6.03019 Special Instructional Programs for Students who are Gifted.
(1) Gifted. One who has superior intellectual development and is capable of high performance.
(2) Criteria for eligibility. A student is eligible for special instructional programs for the gifted if the
student meets the criteria under paragraphs (2)(a) or (b) of this rule.
(a) The student demonstrates:
1. Need for a special program.
2. A majority of characteristics of gifted students according to a standard scale or checklist, and
3. Superior intellectual development as measured by an intelligence quotient of two (2) standard
deviations or more above the mean on an individually administered standardized test of intelligence.
(b) The student is a member of an under-represented group and meets the criteria specified in an
approved school district plan for increasing the participation of under-represented groups in programs for
gifted students.
1. For the purpose of this rule, under-represented groups are defined as groups:
a. Who are limited English proficient, or
b. Who are from a low socio-economic status family.
2. The Department of Education is authorized to approve school district plans for increasing the
participation of students from under-represented groups in special instructional programs for the gifted,
provided these plans include the following:
a. A district goal to increase the percent of students from under-represented groups in programs for
the gifted and the current status of the district in regard to that goal;
b. Screening and referral procedures which will be used to increase the number of these students
referred for evaluation;
c. Criteria for determining eligibility based on the students demonstrated ability or potential in
specific areas of leadership, motivation, academic performance, and creativity;
d. Student evaluation procedures, including the identification of the measurement instruments to be
used;
e. Instructional program modifications or adaptations to ensure successful and continued
participation of students from under-represented groups in the existing instructional program for gifted
students; and,
f. An evaluation design which addresses evaluation of progress toward the districts goal for
increasing participation by students from under-represented groups.
(3) Procedures for student evaluation. The minimum evaluations for determining eligibility are the
following:
(a) Need for a special instructional program;
(b) Characteristics of the gifted;
(c) Intellectual development; and,
(d) May include those evaluation procedures specified in an approved district plan to increase the
participation of students from under-represented groups in programs for the gifted.
(4) This rule shall take effect July 1, 1977.
Rulemaking Authority 1001.42(4)(1), 1003.57 FS. Law Implemented 1000.01, 1001.42(4)(1), 1003.57(5), FS.
HistoryNew 7-1-77, Formerly 6A-6.3019, Amended 10-10-91, 5-19-98, 7-14-02.

Proposed: 2006

The purpose of the proposed rule development 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) ....

Effective 01/04/2009
6A-6.03011 Exceptional Student Education Eligibility for Students with Intellectual
Disabilities.
(1) Definition. Students with intellectual disabilities. An intellectual disability is defined as significantly
below average general intellectual and adaptive functioning manifested during the developmental period,
with significant delays in academic skills. Developmental period refers to birth to eighteen (18) years of
age.
(2) General education interventions and activities. Prior to referral for evaluation the requirements in
subsection 6A-6.0331(1), F.A.C., must be met.
(3) Evaluation. In addition to the procedures identified in subsection 6A-6.0331(5), F.A.C., the
minimum evaluation for determining eligibility shall include all of the following:
(a) A standardized individual test of intellectual functioning individually administered by a
professional person qualified in accordance with Rule 6A-4.0311, F.A.C. or licensed under Chapter 490,
F.S.;
(b) A standardized assessment of adaptive behavior to include parental or guardian input;
(c) An individually administered standardized test of academic or pre-academic achievement. A
standardized developmental scale shall be used when a students level of functioning cannot be
measured by an academic or pre-academic test; and
(d) A social-developmental history which has been compiled directly from the parent, guardian, or
primary caregiver.
(4) Criteria for eligibility. A student with an intellectual disability is eligible for exceptional student
education if all of the following criteria are met:
(a) The measured level of intellectual functioning is more than two (2) standard deviations below the
mean on an individually measured, standardized test of intellectual functioning;
(b) The level of adaptive functioning is more than two (2) 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. The adaptive behavior measure shall include parental or guardian input;
(c) The level of academic or pre-academic performance on a standardized test is consistent with the
performance expected of a student of comparable intellectual functioning;
(d) The social/developmental history identifies the developmental, familial, medical/health, and
environmental factors impacting student functioning and documents the students functional skills
outside of the school environment; and
(e) The student needs special education as defined in Rules 6A-6.0331 and 6A-6.03411, F.A.C.
(5) Documentation of determination of eligibility. Eligibility is determined by a group of qualified
professionals and the parent or guardian in accordance with paragraph 6A-6.0331(6)(a), F.A.C. The
documentation of the determination of eligibility must include a written summary of the groups analysis
of the data that incorporates the following information:

(a) The basis for making the determination, including an assurance that the determination has been
made in accordance with subsection 6A-6.0331(6), F.A.C.;
(b) Noted behavior during the observation of the student and the relationship of that behavior to the
students academic and intellectual functioning;
(c) The educationally relevant medical findings, if any;
(d) The determination of the group concerning the effects on the students achievement level of a
visual, hearing, motor, or emotional/behavioral disability; cultural factors; environmental or economic
factors, an irregular pattern of attendance or high mobility rate; classroom behavior; or limited English
proficiency; and
(e) The signature of each group member certifying that the documentation of determination of
eligibility reflects the members conclusion. If it does not reflect the members conclusion, the group
member must submit a separate statement presenting the members conclusion.
Rulemaking Authority 1001.02(1), (2)(n), 1001.42(4)(l), 1003.01(3)(a), (b), 1003.57 FS. Law Implemented
1001.42(4)(l), 1001.02(2)(n), 1003.01(3)(a), (b), 1003.57, 1011.62(1)(c) FS. HistoryNew 7-1-77, Amended 7-279, Formerly 6A-6.3011, Amended 5-17-88, 1-4-09.