Report of Inquiry
Bureau Resolution Determination
Conducted by the Bureau of Exceptional Education and Student Services
Involving the Broward County School District
BACKGROUND
On June 19, 2008, the Bureau of Exceptional Education and Student Services received an
unsigned complaint letter from the parent of a student who had been identified as a gifted
student. The complainant alleged that the Broward County School District had violated
state laws relating to the education of students in gifted education. The signed complaint
letter was received on June 23, 2008, thus initiating the timeline for completion of the
inquiry process. Specifically, the complainant’s allegation involved the following issues:
ISSUE 1:
Whether, during the 2007-08 school year, the Broward County School
District, specifically ***, failed to provide gifted students with a
differentiated curriculum based on their individual needs as required
in the applicable district program model and failed to provide
instruction based on their individual needs including their needs
beyond the general education curriculum with respect to challenging
the students to ensure an appropriate education in the area of
giftedness and failed to provide instruction based on their educational
plan (EP) goals and to align instruction with individualized needs and
EP goals/objectives
ISSUE 2:
Whether, during the 2007-08 school year, the Broward County School
District failed to clearly state on the student’s EPs how progress
toward EP goals would be reported to the parent
ISSUE 3:
Whether the Broward County School District made changes to the
goals and objectives listed on the student’s EP created on November 9,
2007, and did so without holding an EP meeting and without the
parent’s knowledge
The 90-day timeline for the completion of the inquiry began on June 23, 2008, with an
anticipated completion date of September 21, 2008. As part of the inquiry process, the
district and the complainant were asked to submit relevant documents and information to
the Bureau. The district’s documentation was submitted by Ms. Denise Rusnak, Director,
Exceptional Student Education (ESE), Broward County School District, and staff.
The educational records that were provided indicated that at the time of the filing of the
state complaint, the student (D.O.B. ***) was eligible for the special programs for
students who are gifted. The student was initially identified as a gifted student on May 4,
2005, and attends ***.
ISSUE 1:
Whether, during the 2007-08 school year, the Broward County School
District, specifically ***, failed to provide gifted students with a
differentiated curriculum based on their individual needs as required
in the applicable district program model and failed to provide
instruction based on their individual needs including their needs
beyond the general education curriculum with respect to challenging
the students to ensure an appropriate education in the area of
giftedness and failed to provide instruction based on their educational
plan (EP) goals and to align instruction with individualized needs and
EP goals/objectives
The parent alleged the following:
The entire class usually receives the same instruction at the same pace in all
subjects.
On the few occasions when the students are in groups, these groups are based on
personal preference of the students, not on ability.
The projects done by the class appear to have consisted mainly of reading projects
and neither the subject matter nor resulting projects were based on the individual
needs of the students.
LEGAL AUTHORITY FOR THE BUREAU’S FINAL DECISION
Section 1003.01(3)(a), of the Florida Statutes (F.S.) states that the term “exceptional
student” means “any student who has been determined eligible for a special program in
accordance with rules of the State Board of Education. The term includes students who
are gifted …”
Section 1003.57, F.S., states, in part, "Exceptional students instruction.— (1) Each
district school board shall provide for an appropriate program of special instruction,
facilities, and services for exceptional students as prescribed by the State Board of
Education as acceptable, including provisions that…(b) The district school board provide
the special instruction, classes, and services, either within the district school system, in
cooperation with other district school systems, or through contractual arrangements with
approved private schools or community facilities that meet standards established by the
commissioner…”
Additional legal requirements are found in State Board of Education Rules 6A-6.03019
and 6A-6.030191 of the Florida Administrative Code (F.A.C.). State Board of Education
Rule 6A-6.030191, F.A.C., states: “Educational Plans (EPs) are developed for students
identified solely as gifted…(4) Content of Educational Plans (EPs). EPs for students who
gifted must include: (a) a statement of the student’s present level of 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 the evaluation results; on state and district assessments and
evaluation results…(7) EP Implementation. An EP must be in effect before specially
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designed instruction is provided to an eligible student and is implemented as soon as
possible following the EP meeting…”
CONCLUSIONS
1. The Broward County School District, specifically ***, provided gifted students with
a differentiated curriculum based on their individual needs as required in the
applicable district program model.
2. There was a systemic finding of noncompliance regarding the EPs including a goal to
address a need beyond the general education curriculum with regard to challenging
the student to ensure an appropriate education in an area of giftedness.
3. Instruction was provided based on the students’ EP goals and aligned with
individualized needs and EP goals/objectives.
CORRECTIVE ACTIONS
1. No later than October 17, 2008, the district shall convene the EP teams for the five
students whose EPs were determined to be insufficient (student names to be provided
in separate correspondence), with the appropriate participants and sufficient advance
notice to provide an opportunity for the parents to attend those EP team meetings, to
complete the following:
develop a sufficient EP for each student
determine the amount and type of compensatory services needed due to the
insufficiency of the EPs
2. A copy of the revised EPs and documentation of the EP teams’ determinations
regarding compensatory services, including a plan/timeline for provision of the
services, must be provided to the Bureau no later than one week following the
meetings. Verification of the provision of the compensatory services shall be
provided to the Bureau on the following dates as applicable: October 31, 2008;
January 30, 2009; and April 15, 2009.
ISSUE 2:
Whether, during the 2007-08 school year, the Broward County School
District failed to clearly state on the student’s EPs how progress
toward EP goals would be reported to the parent
LEGAL AUTHORITY FOR THE BUREAU’S FINAL DECISION
State Board of Education Rule 6A-6.030191(4)(d), F.A.C., requires that the EP include,
“A statement of how the student’s progress toward the goals will be measured and
reported to parents…”
CONCLUSION
The Broward County School District clearly stated how progress toward EP goals would
be reported to the parent.
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CORRECTIVE ACTIONS
None
RECOMMENDATION
If the EP information regarding how progress toward EP goals will be reported to the
parent is unclear to the complainant, she may request that the EP team consider using
more specific language to clarify the reporting.
ISSUE 3:
Whether the Broward County School District made changes to the
goals and objectives listed on the student’s EP created on November 9,
2007, and did so without holding an EP meeting and without the
parent’s knowledge
The parent reported that the student disclosed to *** that the teacher had created a new
document and called this the EP. In addition, the complainant noted differences between
the goal and objectives from the November 9, 2007, EP being closed out on May 16,
2008, and the other copies of the November 9, 2007, EP.
LEGAL AUTHORITY FOR THE BUREAU’S FINAL DECISION
State Board of Education Rule 6A-6.030191(6)(c), F.A.C., requires that “Meetings shall
be held to develop and revise the EP at least every three (3) years for students in grades
K-8 and at least every four (4) years for students in grades 9-12. EPs may be reviewed
more frequently as needed, such as when the student transitions from elementary to
middle school and middle to high school or if the student’s parent or teacher requests a
review.”
State Board of Education Rule 6A-6.030191(2), F.A.C., states: “Parent participation.
Each school board shall establish procedures which shall provide for parents to
participate in decisions concerning the EP. Such procedures shall include the following:
(a) Each district shall take the following steps to ensure that one (1) or both of the parents
of a student who is gifted is present or is afforded the opportunity to participate in each
EP meeting: 1. Notifying parents of the meeting early enough to ensure that they will
have an opportunity to attend; and 2. Scheduling the meeting at a mutually agreed on
time and place.”
CONCLUSIONS
1. The parent participated in all of the EP team meetings held during the time period
referenced in this issue.
2. The May 16, 2008, EP closeout noted the discontinuation of a goal and short term
instructional objectives that were not exactly the same as the November 9, 2007.
3. The differences in the goal and objectives on the May 16, 2008, EP closeout and the
November 9, 2007, EP represented enhancements to the services provided.
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4. It appears that changes to the EP implemented in 2007-08 were made outside of the
EP team meeting process and without the involvement of the parent.
CORRECTIVE ACTION
The Broward County School District shall ensure that any changes to the EP are made by
the EP team, including the parent. Documentation shall be provided to the Bureau on
January 30, 2009, and June 16, 2009, as follows:
copies of the EP(s) in effect for the student
written notice and documentation of any other notice provided to the parent
regarding EP team meetings
records of all EP team meetings held for the student, including any meeting notes
copies of any EP goals and short term instructional objectives being closed out or
discontinued by the EP team
Additional documentation may be requested by the Bureau.
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