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2025 Florida Statutes

Title XXIX PUBLIC HEALTH
Chapter 391
CHILDREN'S MEDICAL SERVICES
CHAPTER 391
CHAPTER 391
CHILDREN’S MEDICAL SERVICES
PART I
GENERAL PROVISIONS
(ss. 391.011-391.097)
PART II
EARLY STEPS PROGRAM
(ss. 391.301-391.3081)
PART I
GENERAL PROVISIONS
391.011 Short title.
391.016 Purposes and functions.
391.021 Definitions.
391.025 Applicability and scope.
391.026 Powers and duties of the department.
391.029 Program eligibility.
391.065 Health care provider agreements.
391.081 Grievance reporting and resolution requirements.
391.095 Program integrity.
391.097 Research and evaluation.
391.011 Short title.—The provisions of this chapter may be cited as the “Children’s Medical Services Act.”
History.—s. 1, ch. 78-106; s. 2, ch. 98-288.
391.016 Purposes and functions.—The Children’s Medical Services program is established for the following purposes and authorized to perform the following functions:
(1) Provide to children and youth with special health care needs a family-centered, comprehensive, and coordinated statewide managed system of care that links community-based health care with multidisciplinary, regional, and tertiary pediatric specialty care.
(2) Provide essential preventive, evaluative, and early intervention services for children at risk for or having special health care needs, in order to prevent or reduce long-term disabilities.
History.—s. 2, ch. 78-106; s. 3, ch. 98-288; s. 74, ch. 2012-184; s. 3, ch. 2025-88.
391.021 Definitions.—When used in this act, the term:
(1) “Children and youth with special health care needs” means those children and youth younger than 21 years of age who have chronic and serious physical, developmental, behavioral, or emotional conditions and who require health care and related services of a type or amount beyond that which is generally required by children and youth.
(2) “Children’s Medical Services Managed Care Plan” or “plan” means a statewide managed care service system that includes health care providers, as defined in this section.
(3) “Department” means the Department of Health.
(4) “Eligible individual” means a child or youth with a special health care need or a female with a high-risk pregnancy, who meets the financial and medical eligibility standards established in s. 391.029.
(5) “Health care provider” means a health care professional, health care facility, or entity licensed or certified to provide health services in this state that meets the criteria as established by the department.
(6) “Health services” includes the prevention, diagnosis, and treatment of human disease, pain, injury, deformity, or disabling conditions.
(7) “Participant” means an eligible individual who is enrolled in the Children’s Medical Services program.
(8) “Program” means the Children’s Medical Services program established in the department.
History.—s. 3, ch. 78-106; s. 695, ch. 95-148; s. 87, ch. 97-101; s. 4, ch. 98-288; s. 43, ch. 99-397; s. 15, ch. 2004-350; s. 75, ch. 2012-184; s. 4, ch. 2025-88.
391.025 Applicability and scope.—
(1) The Children’s Medical Services program consists of the following components:
(a) The newborn screening program established in s. 383.14 and the newborn, infant, and toddler hearing screening program established in s. 383.145.
(b) The regional perinatal intensive care centers program established in ss. 383.15-383.19.
(c) The developmental evaluation and intervention program, including the Early Steps Program established in ss. 391.301-391.308.
(d) The Children’s Medical Services Managed Care Plan through the end of June 30, 2025.
(e) The Children’s Multidisciplinary Assessment Team.
(f) The Medical Foster Care Program.
(g) The Title V Children and Youth with Special Health Care Needs program.
(h) The Safety Net Program.
(i) Child Protection Teams and sexual abuse treatment programs established under s. 39.303.
(j) The State Child Abuse Death Review Committee and local child abuse death review committees established in s. 383.402.
(2) The Children’s Medical Services program shall not be deemed an insurer and is not subject to the licensing requirements of the Florida Insurance Code or the rules adopted thereunder.
History.—s. 5, ch. 98-288; s. 10, ch. 2000-253; s. 409, ch. 2003-261; s. 72, ch. 2003-416; s. 16, ch. 2004-350; s. 76, ch. 2012-184; s. 89, ch. 2014-17; s. 4, ch. 2016-238; s. 5, ch. 2025-88.
391.026 Powers and duties of the department.—The department shall have the following powers, duties, and responsibilities:
(1) To provide or contract for the provision of health services to eligible individuals.
(2) To provide services to abused and neglected children through Child Protection Teams pursuant to s. 39.303.
(3) To determine the medical and financial eligibility of individuals seeking health services from the program.
(4) To coordinate a comprehensive delivery system for eligible individuals to take maximum advantage of all available funds.
(5) To coordinate with programs relating to children’s medical services in cooperation with other public and private agencies.
(6) To initiate and coordinate applications to federal agencies and private organizations for funds, services, or commodities relating to children’s medical programs.
(7) To sponsor or promote grants for projects, programs, education, or research in the field of children and youth with special health care needs, with an emphasis on early diagnosis and treatment.
(8) To provide or contract for peer review and other quality-improvement activities.
(9) To adopt rules pursuant to ss. 120.536(1) and 120.54 to administer the Children’s Medical Services Act.
(10) To serve as the lead agency in administering the Early Steps Program pursuant to part C of the federal Individuals with Disabilities Education Act and 1part III of this chapter.
(11) To administer the Medical Foster Care Program, including all of the following:
(a) Recruitment, training, assessment, and monitoring for the Medical Foster Care Program.
(b) Monitoring access and facilitating admissions of eligible children and youth to the program and designated medical foster care homes.
(c) Coordination with the Department of Children and Families and the Agency for Health Care Administration or their designees.
History.—s. 4, ch. 78-106; s. 96, ch. 98-200; s. 6, ch. 98-288; s. 23, ch. 2000-242; s. 1, ch. 2006-28; s. 77, ch. 2012-184; s. 69, ch. 2013-15; s. 8, ch. 2015-177; s. 5, ch. 2016-238; s. 57, ch. 2019-3; ss. 6, 7, ch. 2025-88.
1Note.—Redesignated as part II to conform to the repeal of former part II by s. 18, ch. 2025-88.
391.029 Program eligibility.—
(1) Eligibility for the Children’s Medical Services program is based on the diagnosis of one or more chronic and serious medical conditions and the family’s need for specialized services.
(2) The following individuals are eligible to receive services through the program:
(a) Related to the regional perinatal intensive care centers, a high-risk pregnant female who is enrolled in Medicaid.
(b) Children and youth with serious special health care needs from birth to 21 years of age who are enrolled in Medicaid.
(c) Children and youth with serious special health care needs from birth to 19 years of age who are enrolled in a program under Title XXI of the Social Security Act.
(3) Subject to the availability of funds, the following individuals may receive services through the Children’s Medical Services Safety Net program:
(a) Children and youth with serious special health care needs from birth to 21 years of age who do not qualify for Medicaid or Title XXI of the Social Security Act but who are unable to access, due to lack of providers or lack of financial resources, specialized services that are medically necessary or essential family support services. Families shall participate financially in the cost of care based on a sliding fee scale established by the department.
(b) Children and youth with special health care needs from birth to 21 years of age, as provided in Title V of the Social Security Act.
(c) An infant who receives an award of compensation under s. 766.31(1).
(4) Any child who has been provided with surgical or medical care or treatment under this act prior to being adopted and has serious and chronic special health needs shall continue to be eligible to be provided with such care or treatment after his or her adoption, regardless of the financial ability of the persons adopting the child.
History.—s. 6, ch. 13620, 1929; CGL 1936 Supp. 3640(6); s. 1, ch. 57-21; ss. 19, 35, ch. 69-106; s. 1, ch. 73-114; s. 178, ch. 77-147; s. 1, ch. 77-159; ss. 8, 13, 14, ch. 78-106; s. 1, ch. 78-332; s. 696, ch. 95-148; s. 8, ch. 98-288; s. 73, ch. 2003-416; s. 39, ch. 2004-5; s. 17, ch. 2004-350; s. 79, ch. 2012-184; s. 9, ch. 2025-88.
Note.—Subsection (3) former s. 391.046; subsection (4) former s. 391.07.
391.065 Health care provider agreements.—The department is authorized to establish health care provider agreements for participation in the Children’s Medical Services program.
History.—s. 14, ch. 98-288.
391.081 Grievance reporting and resolution requirements.—The department shall adopt and implement a system to provide assistance to eligible individuals and health care providers to resolve complaints and grievances. To the greatest extent possible, the department shall use existing grievance reporting and resolution processes. The department shall ensure that the system developed for the Children’s Medical Services program does not duplicate existing grievance reporting and resolution processes.
History.—s. 16, ch. 98-288.
391.095 Program integrity.—The department shall operate a system to oversee the activities of Children’s Medical Services program participants, and health care providers and their representatives, to prevent fraudulent and abusive behavior, overutilization and duplicative utilization, and neglect of participants and to recover overpayments as appropriate. For the purposes of this section, the terms “abuse” and “fraud” have the meanings provided in s. 409.913. The department shall refer incidents of suspected fraud and abuse, and overutilization and duplicative utilization, to the appropriate regulatory agency.
History.—s. 17, ch. 98-288.
391.097 Research and evaluation.—The department may initiate, fund, and conduct research and evaluation projects to improve the delivery of children’s medical services. The department may cooperate with public and private agencies engaged in work of a similar nature.
History.—s. 10, ch. 78-106; s. 18, ch. 98-288; s. 17, ch. 2025-88.
Note.—Former s. 391.061.
PART II
EARLY STEPS PROGRAM
391.301 Early Steps Program; establishment and goals.
391.302 Definitions.
391.308 Early Steps Program.
391.3081 Early Steps Extended Option.
391.301 Early Steps Program; establishment and goals.—
(1) The Early Steps Program is established within the department to serve infants and toddlers who are at risk of developmental disabilities based on a physical or mental condition and infants and toddlers with developmental delays by providing developmental evaluation and early intervention and by providing families with training and support services in a variety of home and community settings in order to enhance family and caregiver competence, confidence, and capacity to meet their child’s developmental needs and desired outcomes.
(2) The program may include screening and referral services at all hospitals providing Level II or Level III neonatal intensive care services, in order to promptly identify newborns with disabilities or with conditions associated with risks of developmental delays so that families may gain as early as possible the services and skills they need to support their infants’ development.
(3) The program must integrate information and coordinate services with other programs serving infants and toddlers, including, but not limited to, the Healthy Start program, the newborn screening program, and the Blind Babies Program.
(4) The program must:
(a) Provide services to enhance the development of infants and toddlers with disabilities and delays.
(b) Expand the recognition by health care providers, families, and the public of the significant brain development that occurs during a child’s first 3 years of life.
(c) Maintain the importance of the family in all areas of the child’s development and support the family’s participation in early intervention services and decisions affecting the child.
(d) Operate a comprehensive, coordinated interagency system of early intervention services and supports in accordance with part C of the federal Individuals with Disabilities Education Act.
(e) Ensure timely evaluation, individual planning, and early intervention services necessary to meet the unique needs of eligible infants and toddlers.
(f) Build the service capacity and enhance the competencies of health care providers serving infants and toddlers with unique needs and abilities.
(g) Ensure programmatic and fiscal accountability through establishment of a high-capacity data system, active monitoring of performance indicators, and ongoing quality improvement.
History.—s. 12, ch. 89-379; s. 25, ch. 91-282; s. 7, ch. 94-140; s. 26, ch. 98-288; s. 51, ch. 2004-350; s. 6, ch. 2016-238.
Note.—Former s. 383.215(1), (2).
391.302 Definitions.—As used in ss. 391.301-391.3081, the term:
(1) “Department” means the Department of Health.
(2) “Developmental delay” means a condition, identified and measured through appropriate instruments and procedures, which may delay physical, cognitive, communication, social or emotional, or adaptive development.
(3) “Developmental disability” means a condition, identified and measured through appropriate instruments and procedures, which may impair physical, cognitive, communication, social or emotional, or adaptive development.
(4) “Developmental intervention” or “early intervention” means individual and group therapies and services needed to enhance both the infant’s or toddler’s growth and development and family functioning. The term includes habilitative services and assistive technology devices, rehabilitative services and assistive technology devices, and parent support and training.
(5) “Habilitative services and devices” means health care services and assistive technology devices that help a child maintain, learn, or improve skills and functioning for daily living.
(6) Except as otherwise defined for the purposes of s. 391.3081, “infant or toddler” or “child” means a child from birth until the child’s third birthday.
(7) “Local program office” means an office that administers the Early Steps Program within a municipality, county, or region.
(8) “Rehabilitative services and devices” means restorative and remedial services that maintain or enhance the current level of functioning of a child if there is a possibility of improvement or reversal of impairment.
History.—s. 12, ch. 89-379; s. 7, ch. 94-140; s. 1039, ch. 95-148; s. 20, ch. 2004-350; s. 7, ch. 2016-238; s. 2, ch. 2025-95.
Note.—Former s. 383.215(3).
391.308 Early Steps Program.—The department shall implement and administer part C of the federal Individuals with Disabilities Education Act (IDEA), which shall be known as the “Early Steps Program.”
(1) PERFORMANCE STANDARDS.—The department shall ensure that the Early Steps Program complies with the following performance standards:
(a) The program must provide services from referral through transition in a family-centered manner that recognizes and responds to unique circumstances and needs of infants and toddlers and their families as measured by a variety of qualitative data, including satisfaction surveys, interviews, focus groups, and input from stakeholders.
(b) The program must provide individualized family support plans that are understandable and usable by families, health care providers, and payors and that identify the current level of functioning of the infant or toddler, family supports and resources, expected outcomes, and specific early intervention services needed to achieve the expected outcomes, as measured by periodic system independent evaluation.
(c) The program must help each family to use available resources in a way that maximizes the child’s access to services necessary to achieve the outcomes of the individualized family support plan, as measured by family feedback and by independent assessments of services used by each child.
(d) The program must offer families access to quality services that effectively enable infants and toddlers with developmental disabilities and developmental delays to achieve optimal functional levels as measured by an independent evaluation of outcome indicators in social or emotional skills, communication, and adaptive behaviors.
(2) DUTIES OF THE DEPARTMENT.—The department shall:
(a) Annually prepare a grant application to the United States Department of Education for funding early intervention services for infants and toddlers with disabilities and their families pursuant to part C of the federal Individuals with Disabilities Education Act.
(b) Jointly with the Department of Education, provide a reading initiative as an early intervention service for infants and toddlers.
(c) Annually develop a state plan for the Early Steps Program.
1. The plan must assess the need for early intervention services, evaluate the extent of the statewide need that is met by the program, identify barriers to fully meeting the need, and recommend specific action steps to improve program performance.
2. The plan must be developed through an inclusive process that involves families, local program offices, health care providers, and other stakeholders.
(d) Ensure local program offices educate hospitals that provide Level II and Level III neonatal intensive care services about the Early Steps Program and the referral process for the provision of developmental evaluation and intervention services.
(e) Establish standards and qualifications for developmental evaluation and early intervention service providers, including standards for determining the adequacy of provider networks in each local program office service area.
(f) Establish statewide uniform protocols and procedures to determine eligibility for developmental evaluation and early intervention services.
(g) Establish a consistent, statewide format and procedure for preparing and completing an individualized family support plan.
(h) Promote interagency cooperation and coordination, with the Medicaid program, the Department of Education program pursuant to part B of the federal Individuals with Disabilities Education Act, and programs providing child screening such as the Florida Diagnostic and Learning Resources System, Healthy Start, and the Help Me Grow program.
1. Coordination with the Medicaid program shall be developed and maintained through written agreements with the Agency for Health Care Administration and Medicaid managed care organizations as well as through active and ongoing communication with these organizations. The department shall assist local program offices to negotiate agreements with Medicaid managed care organizations in the service areas of the local program offices. Such agreements may be formal or informal.
2. Coordination with education programs pursuant to part B of the federal Individuals with Disabilities Education Act shall be developed and maintained through written agreements with the Department of Education. The department shall assist local program offices to negotiate agreements with school districts in the service areas of the local program offices.
(i) Develop and disseminate the knowledge and methods necessary to effectively coordinate benefits among various payor types.
(j) Provide a mediation process and if necessary, an appeals process for applicants found ineligible for developmental evaluation or early intervention services or denied financial support for such services.
(k) Competitively procure local program offices to provide services throughout the state in accordance with chapter 287. The department shall specify the requirements and qualifications for local program offices in the procurement document.
(l) Establish performance standards and other metrics for evaluation of local program offices, including standards for measuring timeliness of services, outcomes of early intervention services, and administrative efficiency. Performance standards and metrics shall be developed in consultation with local program offices.
(m) Provide technical assistance to the local program offices.
(3) ELIGIBILITY.—The department shall apply the following eligibility criteria if specific funding is provided, and the associated applicable eligibility criteria are identified, in the General Appropriations Act:
(a) Infants and toddlers are eligible for an evaluation to determine the presence of a developmental disability or the risk of a developmental delay based on a physical or medical condition.
(b) Infants and toddlers determined to have a developmental delay based on informed clinical opinion and an evaluation using a standard evaluation instrument which results in a score that is 1.5 standard deviations from the mean in two or more of the following domains: physical, cognitive, communication, social or emotional, and adaptive.
(c) Infants and toddlers determined to have a developmental delay based on informed clinical opinion and an evaluation using a standard evaluation instrument which results in a score that is 2.0 standard deviations from the mean in one of the following domains: physical, cognitive, communication, social or emotional, and adaptive.
(d) Infants and toddlers determined to have a developmental delay based on informed clinical opinion and an evaluation using a standard evaluation instrument which results in a score that is 1.5 standard deviations from the mean in one or more of the following domains: physical, cognitive, communication, social or emotional, and adaptive.
(e) Infants and toddlers determined to have a developmental delay based on informed clinical opinion.
(f) Infants and toddlers at risk of developmental delay based on an established condition known to result in developmental delay, or a physical or mental condition known to create a risk of developmental delay.
(4) DUTIES OF THE LOCAL PROGRAM OFFICES.—A local program office shall:
(a) Evaluate a child to determine eligibility within 45 calendar days after the child is referred to the program.
(b) Notify the parent or legal guardian of his or her child’s eligibility status initially and at least annually thereafter. If a child is determined not to be eligible, the local program office must provide the parent or legal guardian with written information on the right to an appeal and the process for making such an appeal.
(c) Secure and maintain interagency agreements or contracts with local school districts in a local service area.
(d) Provide services directly or procure services from health care providers that meet or exceed the minimum qualifications established for service providers. The local program office must become a Medicaid provider if it provides services directly.
(e) Provide directly or procure services that are, to the extent possible, delivered in a child’s natural environment, such as in the child’s home or community setting. The inability to provide services in the natural environment is not a sufficient reason to deny services.
(f) Develop an individualized family support plan for each child served. The plan must:
1. Be completed within 45 calendar days after the child is referred to the program;
2. Be developed in conjunction with the child’s parent or legal guardian who provides written consent for the services included in the plan;
3. Be reviewed at least every 6 months with the parent or legal guardian and updated if needed; and
4. Include steps to transition to school or other future services by the child’s third birthday.
(g) Assess the progress of the child and his or her family in meeting the goals of the individualized family support plan.
(h) For each service required by the individualized family support plan, refer the child to an appropriate service provider or work with Medicaid managed care organizations or private insurers to secure the needed services.
(i) Provide service coordination, including contacting the appropriate service provider to determine whether the provider can timely deliver the service, providing the parent or legal guardian with the name and contact information of the service provider and the date and location of the service of any appointment made on behalf of the child, and contacting the parent or legal guardian after the service is provided to ensure that the service is timely delivered and to determine whether the family requests additional services.
(j) Negotiate and maintain agreements with Medicaid providers and Medicaid managed care organizations in its area.
1. With the parent’s or legal guardian’s permission, the services in the child’s approved individualized family support plan shall be communicated to the Medicaid managed care organization. Services that cannot be funded by Medicaid must be specifically identified and explained to the family.
2. The agreement between the local program office and Medicaid managed care organizations must establish methods of communication and procedures for the timely approval of services covered by Medicaid.
(k) Develop agreements and arrangements with private insurers in order to coordinate benefits and services for any mutual enrollee.
1. The child’s approved individualized family support plan may be communicated to the child’s insurer with the parent’s or legal guardian’s permission.
2. The local program office and private insurers shall establish methods of communication and procedures for the timely approval of services covered by the child’s insurer, if appropriate and approved by the child’s parent or legal guardian.
(l) Provide to the department data necessary for an evaluation of the local program office performance.
(5) ACCOUNTABILITY REPORTING.—By December 1 of each year, the department shall prepare and submit a report that assesses the performance of the Early Steps Program to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Florida Interagency Coordinating Council for Infants and Toddlers. The department must address the performance standards in subsection (1) and report actual performance compared to the standards for the prior fiscal year. The data used to compile the report must be submitted by each local program office in the state. The department shall report on all of the following measures:
(a) Number and percentage of infants and toddlers served with an individualized family support plan.
(b) Number and percentage of infants and toddlers demonstrating improved social or emotional skills after the program.
(c) Number and percentage of infants and toddlers demonstrating improved use of knowledge and cognitive skills after the program.
(d) Number and percentage of families reporting positive outcomes in their infant’s and toddler’s development as a result of early intervention services.
(e) Progress toward meeting the goals of individualized family support plans.
(f) Any additional measures established by the department.
(6) STATE INTERAGENCY COORDINATING COUNCIL.—The Florida Interagency Coordinating Council for Infants and Toddlers shall serve as the state interagency coordinating council required by 34 C.F.R. s. 303.600. The council shall be housed for administrative purposes in the department, and the department shall provide administrative support to the council.
(7) TRANSITION TO EDUCATION.—
(a) At least 90 days before a child reaches 3 years of age, the local program office shall initiate transition planning to ensure the child’s successful transition from the Early Steps Program to a school district program for children with disabilities or to another program as part of an individual family support plan.
(b) At least 90 days before a child reaches 3 years of age, the local program office shall:
1. Notify the local school district in which the child resides and the Department of Education that the child may be eligible for special education or related services as determined by the local school district pursuant to ss. 1003.21 and 1003.57, unless the child’s parent or legal guardian has opted out of such notification; and
2. Upon approval by the child’s parent or legal guardian, convene a transition conference that includes participation of a local school district representative and the parent or legal guardian to discuss options for and availability of services.
(c) The local school district shall evaluate and determine a child’s eligibility to receive special education or related services pursuant to part B of the federal Individuals with Disabilities Education Act and ss. 1003.21 and 1003.57.
(d) The local program office, in conjunction with the local school district, shall modify a child’s individual family support plan or, if applicable, the local school district shall develop an individual education plan for the child pursuant to ss. 1003.57, 1003.571, and 1003.5715, which identifies special education or related services that the child will receive and the providers or agencies that will provide such services.
(e) If a child is determined to be ineligible for school district program services, the local program office and the local school district shall provide the child’s parent or legal guardian with written information on other available services or community resources.
(f) The local program office shall negotiate and maintain an interagency agreement with each local school district in its service area pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. s. 1435(a)(10)(F). Each interagency agreement must be reviewed at least annually and updated upon review, if needed.
History.—s. 5, ch. 2004-245; s. 22, ch. 2004-350; s. 9, ch. 2016-238; s. 8, ch. 2021-10; s. 3, ch. 2025-95.
391.3081 Early Steps Extended Option.—
(1) LEGISLATIVE INTENT.—The Legislature recognizes that continuity of care promotes positive outcomes in the learning and development of infants, toddlers, and children. It is the intent of the Legislature to offer families of children with developmental delays or disabilities a choice for such children to continue services in the Early Steps Program beyond the age of 3 years old.
(2) PURPOSE.—
(a) The purpose of the Early Steps Extended Option is to continue enrollment in the Early Steps Program for those children who are eligible. Therefore, the provisions of s. 391.308 are maintained and incorporated in the Early Steps Extended Option.
(b) For the purposes of this section, “child” means a child from birth until the beginning of the school year following the child’s fourth birthday, as provided in 34 C.F.R. s. 303.211(a)(2)(ii).
(3) DUTIES.—
(a) The department shall:
1. Submit its application for federal approval to extend eligibility for services under part C of the federal Individuals with Disabilities Education Act no later than July 1, 2026.
2. Jointly with the Department of Education, develop or amend any rule, policy, procedure, written agreement, or contract necessary to implement the Early Steps Extended Option in accordance with state law and part C of the federal Individuals with Disabilities Education Act.
3. Seek additional federal grant funds, as available, for the implementation of the Early Steps Extended Option, including a state incentive grant. However, the department may implement the Early Steps Extended Option regardless of the availability or acceptance of supplemental federal grant funds, contingent upon the appropriation of state funds.
(b) As part of the individualized family support plan for each child served under the Early Steps Extended Option, a local program office shall include steps for a child to transition to part B of the federal Individuals with Disabilities Education Act or other future services by the beginning of the school year following the child’s fourth birthday.
(4) ELIGIBILITY.—The department must apply the following eligibility criteria if specific funding is provided in the General Appropriations Act:
(a) All of the following criteria must be met for a child to continue receiving Early Steps Program services under the Early Steps Extended Option:
1. The child must be determined eligible for early intervention services through the Early Steps Program at least 45 days before the child’s third birthday.
2. The child must be determined eligible for services under part B of the federal Individuals with Disabilities Education Act.
3. Before the child’s third birthday, the family must choose to continue services through the Early Steps Extended Option, which shall include an educational component to promote school readiness and incorporate pre-literacy, language, and numeracy skills.
(b) A child becomes ineligible to reenter the Early Steps Extended Option upon exiting the program. If a family chooses to exit the Early Steps Extended Option before the beginning of the school year following the child’s fourth birthday, the local school district, in conjunction with the local program office, must notify the child’s parent or legal guardian of his or her rights under part B of the federal Individuals with Disabilities Education Act.
(c) A child may not receive services under part B of the federal Individuals with Disabilities Education Act while receiving services through the Early Steps Extended Option.
(d) A child may not receive a state scholarship under s. 1002.394 while receiving services through the Early Steps Extended Option.
(5) TRANSITION TO EDUCATION.—
(a) At least 90 days before the beginning of the school year following the fourth birthday of a child enrolled in the Early Steps Extended Option, the local program office shall initiate transition planning to ensure the child’s successful transition from the Early Steps Extended Option to a school district program under part B of the federal Individuals with Disabilities Education Act or to another program as part of an individual family support plan. Specifically, the local program office shall:
1. Notify the Department of Education and the local school district in which the child resides that the eligible child is exiting the Early Steps Extended Option, unless the child’s parent or legal guardian has opted out of such notification; and
2. Upon approval by the child’s parent or legal guardian, convene a transition conference that includes participation of a local school district representative and the parent or legal guardian to discuss options for and availability of services.
(b) The local program office, in conjunction with the local school district, shall modify a child’s individual family support plan, or, if applicable, the local school district shall develop or review an individual education plan for the child pursuant to ss. 1003.57, 1003.571, and 1003.5715 which identifies special education or related services that the child will receive and the providers or agencies that will provide such services.
(c) If a child is found to be no longer eligible for part B of the federal Individuals with Disabilities Education Act during the review of an individual education plan, the local program office and the local school district must provide the child’s parent or legal guardian with written information on other available services or community resources.
(6) ACCOUNTABILITY REPORTING.—The department shall include a performance assessment of the Early Steps Extended Option in the annual report specified in s. 391.308(5).
(a) The assessment must include:
1. The number and percentage of children eligible under part B of the federal Individuals with Disabilities Education Act who receive services through the Early Steps Extended Option.
2. The number and percentage of children determined eligible to receive services under part B of the federal Individuals with Disabilities Education Act.
3. The number and percentage of children determined ineligible to receive services under part B of the federal Individuals with Disabilities Education Act.
(b) The Department of Education shall provide to the department data necessary for the evaluation of the Early Steps Program and the Early Steps Extended Option, including, but not limited to, the number and percentage of children who are referred by either program and who elect to receive services under part B of the federal Individuals with Disabilities Education Act.
History.—s. 4, ch. 2025-95.