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The Florida Senate

2016 Florida Statutes

Comprehensive transitional education program.
F.S. 393.18
1393.18 Comprehensive transitional education program.A comprehensive transitional education program serves individuals who have developmental disabilities, severe maladaptive behaviors, severe maladaptive behaviors and co-occurring complex medical conditions, or a dual diagnosis of developmental disability and mental illness. Services provided by the program must be temporary in nature and delivered in a manner designed to achieve the primary goal of incorporating the principles of self-determination and person-centered planning to transition individuals to the most appropriate, least restrictive community living option of their choice which is not operated as a comprehensive transitional education program. The supervisor of the clinical director of the program licensee must hold a doctorate degree with a primary focus in behavior analysis from an accredited university, be a certified behavior analyst pursuant to s. 393.17, and have at least 1 year of experience in providing behavior analysis services for individuals in developmental disabilities. The staff must include behavior analysts and teachers, as appropriate, who must be available to provide services in each component center or unit of the program. A behavior analyst must be certified pursuant to s. 393.17.
(1) Comprehensive transitional education programs must include the following components:
(a) Intensive treatment and education.This component provides intensive behavioral and educational programming for individuals whose conditions preclude placement in a less restrictive environment due to the threat of danger or injury to themselves or others. Continuous-shift staff are required for this component.
(b) Intensive training and education.This component provides concentrated psychological and educational programming that emphasizes a transition toward a less restrictive environment. Continuous-shift staff are required for this component.
(c) Transition.This component provides educational programs and any support services, training, and care that are needed to avoid regression to more restrictive environments while preparing them for more independent living. Continuous-shift staff are 2required for this component.
(2) Components of a comprehensive transitional education program are subject to the license issued under s. 393.067 to a comprehensive transitional education program and may be located on a single site or multiple sites as long as such components are located within the same agency region.
(3) Comprehensive transitional education programs shall develop individual education plans for each school-aged person with maladaptive behaviors, severe maladaptive behaviors and co-occurring complex medical conditions, or a dual diagnosis of developmental disability and mental illness who receives services from the program. Each individual education plan shall be developed in accordance with the criteria specified in 20 U.S.C. ss. 401 et seq., and 34 C.F.R. part 300. Educational components of the program, including individual education plans, to the extent possible, must be integrated with the programs of the referring school district of each school-aged resident.
(4) The total number of persons in a comprehensive transitional education program who are being provided with services may not exceed 120 residents, and each residential unit within the component centers of a program authorized under this section may not exceed 15 residents. However, a program that was authorized to operate residential units with more than 15 residents before July 1, 2015, may continue to operate such units.
(5) Any licensee that has executed a settlement agreement with the agency that is enforceable by the court must comply with the terms of the settlement agreement or be subject to discipline as provided by law or rule.
(6) The agency may approve the proposed admission or readmission of individuals into a comprehensive transitional education program for up to 2 years subject to a specific review process. The agency may allow an individual to reside in this setting for a longer period of time if, after a clinical review is conducted by the agency, it is determined that remaining in the program for a longer period of time is in the best interest of the individual.
History.s. 33, ch. 2006-227; s. 2, ch. 2010-193; s. 76, ch. 2014-19; ss. 25, 26, ch. 2015-222; ss. 45, 46, 126, ch. 2016-62; s. 16, ch. 2016-65; ss. 8, 10, ch. 2016-140.

A. Section 45, ch. 2016-62, provides that “[i]f CS/CS/HB 1083 or similar legislation adopted at the 2016 Regular Session of the Legislature or an extension thereof amending section 393.18, Florida Statutes, fails to become law, in order to implement Specific Appropriation 259 of the 2016-2017 General Appropriations Act, and notwithstanding the expiration date in s. 26 of chapter 2015-222, Laws of Florida, subsection (4) of section 393.18, Florida Statutes, is reenacted, and subsections (5) and (6) of that section are amended. C.S. for C.S. for House Bill 1083 became ch. 2016-140. Section 8, ch. 2016-140, repealed s. 26, ch. 2015-222.

B. Section 46, ch. 2016-62, provides that “[t]he amendment made by this act to s. 393.18, Florida Statutes, expires July 1, 2017, and the text of that subsection shall revert to that in existence on June 30, 2015, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of text which expire pursuant to this section.”

C. Section 126, ch. 2016-62, provides that “[i]f any other act passed during the 2016 Regular Session of the Legislature contains a provision that is substantively the same as a provision in this act, but that removes or is otherwise not subject to the future repeal applied to such provision by this act, the Legislature intends that the provision in the other act takes precedence and continues to operate, notwithstanding the future repeal provided by this act.” Section 16, ch. 2016-65 reenacted s. 393.18, and s. 10, ch. 2016-140, reenacted and amended it and did not include a repeal provision.

2Note.The word “be” preceding the word “required” was deleted by the editors.