Palm Beach County Gifted-Handbook
Palm Beach County Gifted-Handbook
Palm Beach County Gifted-Handbook
HANDBOOK
School District of Palm Beach County
Chuck Shaw
CHAIRMAN
Marcia Andrews
Frank A. Barbieri, Jr.,Esq.
Karen M. Brill
Barbara McQuinn
Erica Whitfield
Keith Oswald
CHIEF ACADEMIC OFFICER
2
TABLE OF CONTENTS
SECTION I: INTRODUCTION…………………………………………page 5
3
FOR K-12 GIFTED LEARNERS…………………………………………page 33
4
SECTION I
INTRODUCTION
5
Introduction:
The School District of Palm Beach County’s Gifted Education Program provides
specialized differentiated instruction for eligible students by delivering effective
and innovative strategies beyond the basic curriculum. The program challenges
and empowers students to produce quality work and to become productive
citizens while protecting and nurturing their unique characteristics.
The national report on the status of education for gifted students, National
Excellence; A Case for Developing America’s Talent, calls the education of
America’s top students “the quiet crisis.” The report continues, “They often learn
rapidly and are bored with repetition. They are often tenacious in pursuits that
interest them. The way in which they learn sets them apart from most other
children and challenges educators and parents”. The document also reports that
gifted students are under- challenged, and therefore, underachieve. Educational
experiences offered to the students are often presented at a level lower than their
abilities and therefore, encourage underachievement.
.
In order for a gifted student to be challenged to reach his/her full potential, there
must be a well-defined set of outcomes for each gifted classroom and all learning
experiences must be designed to help the gifted student achieve those outcomes.
Well-defined outcomes are roadmaps for planning. Creativity, higher order
problem solving and critical thinking activities are infiltrated to bring about a
greater understanding of the material. The door to opportunity is opened and
students discover new strengths, interests, and abilities. They build the capability
to effectively use all their knowledge and experiences in a multitude of
situations.
6
What is Gifted Education?
Gifted Education defines the services and programs schools provide to meet the
special needs of gifted learners. Programs for gifted students may include;
enrichment, differentiation, curriculum compacting and/or acceleration to meet
the individual student’s needs.
7
SECTION II
GIFTED
PROGRAM
GOALS AND
OBJECTIVES
8
The following are the program goals and objectives for
gifted students:
Cognitive Processes
Cognitive processes include higher-level, critical and creative thinking skills used
to solve real-life problems.
Study Skills
Study skills include sound organizational habits that result in academic learning.
9
Research Skills
Research Skills include the ability locate, interpret, and present information on a
topic.
Problem-Solving
Problem Solving includes problem definition, possible solutions, evaluation and
selection of the best solution.
10
Communication Skills
Communication skills include the ability to comprehend and convey information
effectively through a variety of presentation formats.
Scientific Method
The scientific method includes a systematic procedure for solving problems.
11
Independent Learning
Independent learning includes the demonstration of self-directed study and high
quality goal setting.
Technology
Technology includes the application of knowledge gained through the use of
electronic and mechanical equipment.
Social Processes
Social processes include affective activities by which students develop and
integrate their social, emotion and intellectual behaviors.
12
• Work well with others
• Demonstrate self-control
• Respect ideas and work of others
Leadership Skills
Leadership skills include the ability to organize, guide and interact successfully
with self and others.
13
SECTION III
GIFTED
ELIGIBILITY
14
How is a child eligible for Gifted Education?
The Palm Beach School District (PBSD) has defined procedures which guide each
school’s Child Study Team though the eligibility process for students who are
potentially gifted. The process begins when the student’s teacher, parent or other
qualified personnel observe outstanding academic abilities when compared with
others of the same age group. The reporting of these observations initiates the
process of collecting necessary data to determine eligibility.
The eligibility requirements are defined in State Rule 6A-6.03019. This rule states
that a student is eligible for gifted Education if the student demonstrates all of
the following:
• A need for a special program,
• Superior intellectual development indicated by an Intelligence Quotient
(IQ) of two or more standard deviations above the mean on an
individually administered standardized test of intelligence, and
• A majority of characteristics of gifted children according to a standard
scale or checklist
The School District of Palm Beach County has a state approved district wide Plan
B to identify potentially gifted students from underrepresented populations. In
the State of Florida, underrepresented populations are defined as English
Language Learner (ELL) and students whose families are Low Socio-economic
status and receiving free or reduced lunch. (Low SES).
See Appendix: Florida Statutes and State Board of Education Rule 6A-6.03019
PLAN A ELIGIBILITY
A student is eligible for the Gifted Program though Plan A with criteria listed on
PBSD 1762 Gifted Program Eligibility Criteria Checklist.
These criteria include:
1. A full scale score of 130 or more on a current edition of an
individually administered Intelligence Quotient Test; such as
Wechsler Intelligence Scale for Children (WISC), Stanford Binet
Intelligence Test, or Reynolds Intellectual Assessment Scales
(RIAS); and
2. The need for the program demonstrated by a majority of
characteristics of gifted students scored as a 3 or 4 on an
appropriate grade level PBSD Gifted Characteristic Checklist form.
15
PLAN B ELIGIBILITY
16
SECTION IV
EDUCATION
PLAN
17
Education Plan:
The Education Plan (EP) for gifted students defines the gifted education for that
individual student.
The EP is a legal document which is written at a Child Study Team Meeting, the
meeting when eligibility is recommended or renewed for a student who is
eligible for the gifted program.
As outlined in the school district’s Special Programs and Procedures for Exceptional
Students, the following are the procedures for providing an Educational Plan for
students who are gifted.
The district is responsible for developing Educational Plans for students who are
indemnified solely as gifted. The procedures for the development of EPs for
students identified as gifted are as follows:
1) Educational plans for students identified as gifted are consistent with the
following:
(a) The EP includes:
1. a statement of the student’s present levels of educational
performance which may include, but is not limited to, the
student’s strengths and interests, the student’s needs
beyond the general curriculum, results of the student’s
performance on state and district assessments, and
evaluation results;
2. a statement of goals, including benchmarks or short term
objectives;
3. a statement of the specially designed instruction to be
provided to the student;
4. a statement of how the student’s progress toward the
goals will be measured and reported to the parents; and
5. the projected dates for the beginning of services and the
anticipated frequency, location, and duration of these
services.
18
3. in the case of a student with limited English proficiency,
the language needs of the student as they relate to the EP.
19
5. an individual who can interpret the instruction
implication of the evaluation results. This individual may
be a member of the committee as described in 2 through
4 above;
6. at the discretion of the parent or the school district, other
individuals who have knowledge or special expertise
regarding the student, including related services person;
(Note: The determination of the knowledge or special
expertise shall be made by the party who incited the
individual to participate in the EP meeting; and
7. whenever appropriate, the student.
The district takes the following steps to ensure that one or both of the parents
of a student identified as gifted is present or provided the opportunity to
participate at EP meeting:
a) Notifying parents of the meeting early enough to ensure that they will
have an opportunity to attend; and
b) Scheduling the meeting at a mutually agreed on time and place
A written notice to the parent indicating the purpose, time, location of the
meeting, and who, by title or position, will be in attendance. It also
includes a statement informing the parents that they have the right to
invite an individual with special knowledge or expertise about their child.
If neither parent can attend, the district uses other methods to ensure
parent participation, including individual or conference telephone calls.
The district takes whatever actions necessary to ensure that the parent
understands the proceedings at a meeting, including arranging for an
20
interpreter for parents who are deaf or whose native language is other
than English. A copy of the EP shall be provided to the parent at no cost.
3. Implementation of the EP
21
SECTION V
PROGRAM
MODELS
22
How is Gifted Education implemented?
The School District of Palm Beach County has three approved models of
instruction for gifted students to support each student’s level of educational need
as determined by the Education Plan.
Elementary Level
The Full Time Gifted Model groups gifted students together in classes for the
entire school day. This model is appropriate for students who need the challenge
of a comprehensive curriculum that is above the level of need of their age and
grade level peers. This model:
The Resource Room Model works as a send-out program from the regular
classroom for a portion of the day for students who are excelling at a level the
classroom teachers cannot easily challenge. This model:
23
Middle School Level
Classes are offered in the four academic core areas. On the middle school level,
students may elect to be in gifted programming from one to all four classes based
on their academic need. Each class operates with the purpose and strategies of
the academic full time model as explained above in the elementary program.
High School gifted students have a number of options. Gifted services vary
among schools. Magnet programs such as the International Baccalaureate, Math-
Science Engineering, Pre-Medicine and Allied Health Professions, and Pre-Law
are available; as well as Advanced Placement and Dual Enrollment. Courses in
these programs serve the interests of the gifted students and include the rigor
and intensity needed to accommodate the intellectual curiosity and advanced
level of learning.
24
SECTION VI
INSTRUCTIONAL
STRATEGIES
25
Instructional Strategies for the Gifted Program
The three components of differentiated classroom instruction are content,
process, and product.
Content
The content is determined by the Florida State Standards. These standards,
developed by the Florida Department of Education for each grade level, give
direction for content at grade levels. This content is modified as needed for
gifted students based on their level of mastery.
Process
Process is at the core of gifted programming. Students need to have learning
processes adjusted to further develop their skills in investigating content.
Specifically, gifted students need opportunities to increase their analytical,
organizational, creative, and critical thinking skills. The teacher of the gifted can
facilitate these differences through direct instruction of these thinking skills or
through embedding these skills in the content. The modifications are described
below in the Framework for Programming and gives direction for the teacher to
provide enrichment and acceleration for each individual gifted student in the
gifted program.
Product
The product is the way students show mastery which can be demonstrated in a
variety of methods. In the gifted classroom, individualized products are
implemented, depending on student interest and ability. Students should have
the opportunity to research varying aspects of the content and present their
research to an authentic audience. For example, when students are studying
oceans in their science class, they would be encouraged to investigate reefs,
pollution, or other problems that occur in their own community. The teacher
would be responsible for making suggestions for possible problems or research
subjects and would assist the students in the steps necessary for completing the
research. The results could be presented to local authorities.
26
c) Basing the content on student need and readiness, not grade-level
appropriateness
d) Sharing ideas in-depth verbally and in writing through advanced
communication skills
e) Providing assistance in metacognition and best practices for study skills
27
c) Interrelating art and drama to literature enrichment
d) Learning creative attitudes and an awareness of the situation at hand
e) Responding to open-ended problems and tasks
f) Understanding creative people, process, techniques
g) Strengthening fluency, flexibility, originality, visualization, analogical
thinking, and other creative abilities
h) Experiencing discovery and inquiry skills
i) Learning to seek problems (problem finding)
j) Learning to define problems
k) Solving problems in diverse ways
l) Re-conceptualizing existing knowledge; generating new knowledge
m) Thinking in a futuristic modality
n) Learning things as they should or could be, not only as they are
8) Affective development
a) Demonstrating self-awareness and self-understanding; accepting one’s
capabilities, interest, and needs
b) Recognizing and using one’s abilities
c) Appreciating likenesses and differences between oneself and others
d) Relating intellectually, artistically, and effectively with other gifted
students
e) Thinking morally and ethically using humanitarian attitudes
9) Development of motivation
a) Thinking and working independently
b) Becoming self-directed, disciplined in learning
c) Achieving internal locus of control; high-level educational and career
aspirations and self-motivation
28
SECTION VII
CURRICULAR
STRATEGIES
29
Curricular Strategies for Gifted Instruction
Curriculum Compacting
Curriculum Compacting is a strategy that is appropriate for advanced learners
and gifted students who need more challenging work in school. The goals of
compacting are to:
• Create a challenging learning environment;
• Guarantee proficiency in basic curriculum, and
• Buy time for enrichment and acceleration.
30
Differentiation
A differentiated curriculum is one that is tailored to the needs of groups of gifted
learners and/or individual gifted students, or provides experiences sufficiently
different from the norm to justify specialized intervention, and is delivered by a
trained educator of the gifted, using appropriate instructional processes to
optimize learning.
31
Acceleration
Acceleration in education is appropriate for students who are advanced learners
and who could benefit from a curriculum that is presented earlier and at a faster
pace than curriculum presented to age peers. It is an educational intervention
matching the level, complexity, and pace of the curriculum with the readiness of
the student and respects individual differences acknowledging that some
educational differences merit flexibility. The goals of acceleration are to adjust
the pace of instruction to the student’s performance capability, to provide an
appropriate challenge, and to reduce the amount of time in classes/subjects in
which the student has achieved mastery.
32
SECTION VIII
FLORIDA’S
FRAMEWORKS
FOR K-12 GIFTED
LEARNERS
33
In 2007, the Florida Department of Education, Bureau of Exceptional Education
and Student Services, and Working on Gifted Issues (WOGI) published Florida’s
Frameworks for k-12 Gifted Learners. It was designed to assist school districts by
providing a framework for developing and designing differentiated learning
experiences for gifted students that complements the standards and benchmarks
outlined in the Florida Sunshine State Standards.
34
5) By graduation, the student identified as gifted will be able to assume
leadership and participatory roles in both gifted and heterogeneous group
learning situations.
a) Accept divergent views to positively effect change.
b) Identify leadership traits and qualities as they appear in different
individuals and situations.
c) Manifest significant leadership skills and organize group(s) to achieve
project goals.
6) By graduation, the student identified as gifted will be able to set and achieve
personal, academic, and career goals.
a) Identify personal strengths and weaknesses and accept challenges in both
areas to maximize learning.
b) Assume primary responsibility for learning, including identifying needs
and setting reasonable goals.
c) Design plans of action to address benefits and obstacles in achieving goals
of person interest.
7) By graduation, the student identified as gifted will be able to develop and
deliver a variety of authentic products/performances that demonstrate
understanding in multiple fields/discipline.
a) Develop products that communicate expertise in multiple fields and
disciplines to a variety of authentic audiences.
b) Create products that synthesize information from diverse sources
illustration divergent solutions or perspectives.
35
SECTION IX
APPENDICES
36
Rule 6A-6.030191, Florida Administrative Code (F.A.C.)
Part III. Policies and Procedures for Students who are Gifted
Section B: Educational Plans for Students who are Gifted
Procedures
1. The district is responsible for developing educational plans (EP) for students who are identified
solely
as gifted.
a) The EP includes:
_ A statement of the student’s present levels of educational performance that may include, but
is not limited to, the student’s strengths and interests, the student’s needs beyond the general
curriculum, results of the student’s performance on state and district assessments, and
evaluation results
_ A statement of goals, including benchmarks or short-term objectives
_ A statement of the specially designed instruction to be provided to the student
_ A statement of how the student’s progress toward the goals will be measured and reported to
the parents
_ The projected dates for the beginning of services and the anticipated frequency, location, and
duration of these services
b) The EP team considers the following during development, review, and revision of the EP:
_ The strengths of the student and the needs resulting from the student’s giftedness
_ The results of recent evaluations, including class work and state or district assessments
_ In the case of a student with limited English proficiency, the language needs of the student as
they relate to the EP
c) Timelines for development of the EP include the following:
_ An EP is in effect at the beginning of each school year for each student identified as gifted
who is continuing in a special program.
_ An EP is developed within 30 calendar days following the determination of eligibility for
specially designed instruction in the gifted program and is in effect prior to the provision of
these services.
_ Meetings are held to develop and revise the EP at least once every three years for students
in grades K–8 and at least every four years for students in grades 9–12.
_ EPs may be reviewed more frequently, as needed, such as when a student transitions from
elementary to middle school or from middle to high school.
d) EP participants include:
_ The parents, whose role includes providing strengths of the student, expressing concerns for
enhancing the education of their child, participating in discussions about the child’s need for
specially designed instruction, participating in deciding how the child will be involved and
participate in the general curriculum, and participating in the determination of what services
the district will provide to the child and in what setting
Educational Plan - 125 - District Palm Beach
_ At least one teacher of the gifted program
_ One regular education teacher of the student who, to the extent appropriate, is involved in the
development of the student’s EP. Involvement may include the provision of written
documentation of a student’s strengths and needs for review and revision of the subsequent
EPs.
_ A representative of the school district who is qualified to provide or supervise the provision of
specially designed instruction for students who are gifted and is knowledgeable about the
general curriculum and the availability of resources of the school district. At the discretion of
the district, one of the student’s teachers may be designated to serve as the representative of
the district.
_ An individual who can interpret the instructional implications of the evaluation results. This
individual may be a teacher of the gifted, a regular education teacher, or a representative of
the school district as described above.
_ At the discretion of the parent or the school district, other individuals who have knowledge or
special expertise regarding the student, including related services personnel (Note: The
determination of the knowledge or special expertise shall be made by the party who invited
37
the individual to participate in the EP meeting.)
_ Whenever appropriate, the student
2. Parent participation in EP meetings
This district takes the following steps to ensure that one or both of the parents of a student
identified
as gifted is present or provided the opportunity to participate at EP meetings:
a) Notifying parents of the meeting early enough to ensure that they will have an opportunity to
attend
b) Scheduling the meeting at a mutually agreed on time and place
_ A written notice to the parent indicates the purpose, time, location of the meeting, and who,
by title or position, will be in attendance. It also includes a statement informing the parents
that they have the right to invite an individual with special knowledge or expertise about their
child. If neither parent can attend, the district uses other methods to ensure parent
participation, including individual or conference telephone calls.
_ A meeting may be conducted without a parent in attendance if the district is unable to obtain
the attendance of the parents. In this case, the district maintains a record of its attempts to
arrange a mutually agreed on time and place. These records include such items as:
i. Detailed records of telephone calls made or attempted and the results of those calls
ii. Copies of correspondence sent to the parents and any responses received
iii. Detailed records of visits made to the parent’s home or place of employment and the
results of those visits
_ The district takes whatever action is necessary to ensure that the parent understands the
proceedings at the meeting, including arranging for an interpreter for parents who are deaf or
whose native language is other than English. A copy of the EP shall be provided to the parent
at no cost.
3. Implementation of the EP
a) An EP is in effect before specially designed instruction is provided to an eligible student and is
implemented as soon as possible following the EP meeting.
b) The EP is accessible to each of the student’s teachers who are responsible for the
implementation, and each teacher of the student is informed of specific responsibilities related to
the implementation of the EP.
Educational Plan - 126 - District Palm Beach
38
6A-6.03313 Procedural Safeguards for Exceptional Students who are Gifted.
Providing parents with information regarding their rights under this rule is critical to
ensuring that they have the opportunity to be partners in the decisions regarding their
children. It is also critical that local school boards provide information about these rights
to appropriate district and school personnel so that the needs of the student can be
identified and appropriately met. The school board's policy and procedures for
procedural safeguards shall be set forth in accordance with Rule 6A-6.03411, FAC., and
shall include adequate provisions for the following:
(1) Prior notice. The school district shall provide parents with prior written notice a
reasonable time before any proposal or refusal to initiate or change the identification,
evaluation, educational placement of the student or the provision of a free appropriate
public education to the student.
(a) The prior notice to the parents shall be written in language understandable to the
general public and shall be provided in the native language or other mode of
communication commonly used by the parent unless such communication is clearly not
feasible to do so.
(b) If the parents' mode of communication is not a written language, the school district
shall ensure:
1. That the notice is translated to the parents orally or by other means in their native
language or mode of communication;
3. A description of any other factors that are relevant to the district's proposal or
refusal; and
4. Information on how the parent can obtain a copy of the procedural safeguards
specified in this rule.
(2) Content and Provision of the Procedural Safeguards to Parents.
(a) Parents must be provided a copy of their procedural safeguards which provides a full
explanation of the provisions included in this rule.
(b) A copy of the procedural safeguards must be available to the parents of a child who
is gifted, and must be given to the parents, at a minimum:
39
1. Upon initial referral for evaluation;
4. Upon receipt of a request for a due process hearing by either the school district
or the parent in accordance with subsection (7) of this rule.
(a) Parents shall be fully informed of all information relevant to the action for which
consent is sought in their native language or other mode of communication unless such
communication is clearly not feasible.
(b) Written parental consent shall be obtained prior to conducting an initial evaluation to
determine eligibility and prior to initial provision of services to students who are gifted.
(c) School districts shall document the attempts to secure consent from the parent as
required by paragraph (3)(b) of this rule.
(d) Parental consent is voluntary and may be revoked at any time before the action
occurs.
(e) Except for formal, individual evaluation and the initial provision of services to the
student, consent may not be required as a condition of any other benefit to the parent or
child. Any proposal or refusal to initiate or change the identification, evaluation, or
educational placement or the provision of a free appropriate public education to the
student after the initial placement is not subject to parental consent but is subject to prior
notice as defined by subsection (1) of this rule.
(a) The parents of students who are gifted shall be afforded, in accordance with Rule
6A1.0955, FAC., Section 1002.22, Florida Statutes, and this rule, an opportunity to
inspect and review their child's educational records.
(b) The right to inspect and review education records under this rule includes the right to
have a representative of the parent inspect and review the records including all records
related to the identification, evaluation, and educational placement of the child and the
provision of a free appropriate public education to the child.
(c) The parents of a student who is gifted must be afforded an opportunity to participate
in meetings with respect to the development of their child's educational plan.
40
(5) Evaluations obtained at private expense. If the parent obtains an independent
evaluation at private expense which meets the requirements of subsection (4) of Rule
6A-6.0331, FAC., the results of the evaluation must be considered by the school district
in any decision made with the respect to the determination of eligibility for exceptional
student education services.
(a) The results of such evaluation may be presented as evidence at any hearing
authorized under subsection (7) of this rule.
(6) State Complaint Procedures. The Department of Education shall provide parents
and other interested persons the opportunity to resolve allegations that a school district
has violated state requirements regarding the education of students who are gifted
through the establishment of state complaint procedures.
(a) Within ninety (90) calendar days after a complaint is filed, under the provisions of this
rule, the Department of Education shall:
4. Issue a written decision on the complaint that addresses each issue presented in
the complaint and contains findings of fact, conclusions, and the reason(s) for the
Department of Education's final decision; and
(b) Procedures for the effective implementation of the Department of Education's final
decision include the following:
2. Negotiations; and,
1. If a written complaint is received that is also the subject of a due process hearing
requested pursuant to subsection (7) of this rule, or the complaint contains multiple
issues, of which one or more are part of that hearing, the Department of Education
41
shall set aside any part of the complaint that is being addressed in the due process
hearing until the conclusion of the hearing. However, any issue in the complaint that
is not a part of the due process action must be resolved in compliance with the
procedures described in subsection (6) of this rule.
2. If an issue is raised in a complaint filed under this subsection that has previously
been decided in a due process hearing involving the same parties, the administrative
law judge's decision is binding and the Department of Education shall inform the
complainant to that effect.
3. The Department of Education shall resolve any complaint that alleges that a school
district has failed to implement a due process hearing decision.
(7) Due process hearings. Due process hearings shall be available to parents of
students who are gifted and to school districts to resolve matters related to the
identification, evaluation, or educational placement of the student or the provision of a
free appropriate public education.
(a) Such hearings may be initiated by a parent or a school district on the proposal or
refusal to initiate or change the identification, evaluation, or educational placement of the
student or the provision of a free appropriate public education to the student.
(b) A hearing shall be conducted by an administrative law judge from the Division of
Administrative Hearings, Department of Management Services, on behalf of the
Department of Education.
(c) An administrative law judge (ALJ) shall use subsection (7) of this rule for any such
hearings and shall conduct such hearings in accordance with the Uniform Rules for
Administrative Proceedings, Chapter 28-106, FAC., as deemed appropriate by the ALJ
including, but not limited to: the authority of a party to request a pre-hearing conference,
the authority of the ALJ to issue subpoenas to compel the attendance of witnesses and
the production of records, and the authority of the ALJ to issue summary rulings in
absence of a disputed issue of material fact.
(d) Status of student during proceedings.
2. If the administrative law judge agrees with the parent and finds that a change of
placement is appropriate, that placement becomes the agreed-upon placement
during the pendency of the appeal.
1. Any party to a hearing conducted pursuant to subsection (7) of this rule has the right:
42
a. To be represented by counsel or to be represented by a qualified representative under
the qualifications and standards set forth in Rules 28-106.106 and 28-106.107, FAC., or
to be accompanied and advised by individuals with special knowledge or training with
respect to the problems of students who are gifted, or any combination of the above;
c. To prohibit the introduction of any evidence at the hearing that has not been disclosed
to that party at least five (5) business days before the hearing;
d. To obtain written, or at the option of the parents, electronic, verbatim record of the
hearing at no cost to the parents; and
e. To obtain written, or at the option of the parents, electronic findings of fact and
decisions at no cost to the parents.
a. At least five (5) business days prior to a hearing conducted pursuant to subsection (7)
of this rule, each party shall disclose to all other parties all evaluations completed by that
date and recommendations based on the offering party's evaluations that the party
intends to use at the hearing.
b. An administrative law judge may bar any party that fails to comply with subparagraph
(7)(e)2. of this rule from introducing the relevant evaluation or recommendation at the
hearing without the consent of the other party.
43
f) Parental rights at hearings. Parents involved in hearings must be given, in addition to
the rights described in paragraph (7)(e) of this rule, the right to:
1. Have their child who is the subject of the hearing present; and
2. Open the hearing to the public.
44
1. To establish the date, time, and location of the hearing and any pre-
hearing conference calls and motion hearings. Each hearing involving
oral arguments must be conducted at a time and place that is reasonably
convenient to the parents and their child;
5. To determine whether the parent wants the hearing open to the public
and whether the parent wants their child to attend the hearing;
10. To summarize the facts and findings of the case and to arrive at an
impartial decision based solely on information presented during the
hearing;
11. To reach a final decision and mail to all parties copies of the facts,
findings and decision regarding the hearing within forty-five (45) days of
the district's receipt of the parent's request or the filing of the district's
request for a hearing, whichever is sooner;
14. To rule on requests for specific extensions of time beyond the periods set
forth in subsection (7) of this rule, at the request of either party.
(j) Civil action. A decision made in a hearing conducted under subsection (7) of this rule
shall be final, unless, within thirty (30) days, a party aggrieved by the decision brings a
civil action in state circuit court without regard to the amount in controversy, as
provided in Section 1003.57(5), Florida Statutes. The state circuit court shall: receive
the records of the administrative proceedings; hear, as appropriate, additional evidence
45
at the request of a party; and, basing its decision on the preponderance of the
evidence, shall grant the relief it determines appropriate. In the alternative, any party
aggrieved by the administrative law judge's decision shall have the right to request an
impartial review by the appropriate district court of appeal as provided by Sections
120.68 and 1003.57(5), Florida Statutes.
ESE 310581
46