House Bill 1803

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    Florida House of Representatives - 1999                HB 1803

        By Representative Bullard






  1                      A bill to be entitled

  2         An act relating to infant and early childhood

  3         development; amending s. 230.2305, F.S.;

  4         requiring program curriculum under the

  5         prekindergarten early intervention program to

  6         include music therapy services; amending s.

  7         391.305, F.S.; including music therapy services

  8         in the developmental evaluation and

  9         intervention program for high-risk and disabled

10         infants and toddlers; amending s. 393.064,

11         F.S.; including music therapy services in early

12         intervention services for high-risk and

13         developmentally disabled children under the

14         developmental services program; amending s.

15         393.066, F.S.; requiring community-based

16         services for the developmentally disabled to

17         include music therapy services for infants and

18         toddlers; amending s. 402.25, F.S.; including

19         music therapy in the brain development

20         activities required for infants and toddlers in

21         state-funded education and care programs;

22         amending s. 411.203, F.S.; requiring the

23         interagency continuum of comprehensive services

24         coordinated by Departments of Education and

25         Children and Family Services to include music

26         therapy services for high-risk and handicapped

27         infants and children; amending s. 411.232,

28         F.S.; providing that additional services under

29         the Children's Early Investment Program may

30         include music therapy services; providing an

31         effective date.

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    Florida House of Representatives - 1999                HB 1803

    546-170-99






  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Paragraphs (d) through (k) of subsection

  4  (3) of section 230.2305, Florida Statutes, are redesignated as

  5  paragraphs (e) through (l), respectively, and a new paragraph

  6  (d) is added to said section to read:

  7         230.2305  Prekindergarten early intervention program.--

  8         (3)  STANDARDS.--

  9         (d)  The program curriculum must include music therapy

10  services for the purpose of maximizing individual potential

11  and preventing developmental delays.

12         Section 2.  Subsection (4) of section 391.305, Florida

13  Statutes, 1998 Supplement, is amended to read:

14         391.305  Program standards; rules.--The Department of

15  Health shall adopt rules for the administration of the

16  developmental evaluation and intervention program. The rules

17  shall specify standards for the development and operation of

18  the program, including, but not limited to:

19         (4)  Minimum developmental evaluation and intervention

20  and support services, which shall include music therapy

21  services for the purpose of maximizing individual potential

22  and preventing further developmental delays.

23         Section 3.  Paragraph (a) of subsection (2) of section

24  393.064, Florida Statutes, is amended to read:

25         393.064  Prevention.--

26         (2)  Prevention services provided by the developmental

27  services program include services to high-risk and

28  developmentally disabled children from birth to 5 years of

29  age, and their families, to meet the intent of chapter 411.

30  Such services shall include individual evaluations or

31  assessments necessary to diagnose a developmental disability

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    Florida House of Representatives - 1999                HB 1803

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  1  or high-risk condition and to determine appropriate individual

  2  family and support services, unless evaluations or assessments

  3  are the responsibility of the children's medical services

  4  program for children ages birth to 3 years eligible for

  5  services under this chapter or part H of the Individuals with

  6  Disabilities Education Act, and may include:

  7         (a)  Early intervention services, including

  8  developmental training, and specialized therapies, and music

  9  therapy services for the purpose of maximizing individual

10  potential and preventing further developmental delays. Early

11  intervention services, which are the responsibility of the

12  children's medical services program for children ages birth to

13  3 years who are eligible for services under this chapter or

14  under part H of the Individuals with Disabilities Education

15  Act, shall not be provided through the developmental services

16  program unless funding is specifically appropriated to the

17  developmental services program for this purpose.

18         Section 4.  Subsection (1) of section 393.066, Florida

19  Statutes, 1998 Supplement, is amended, paragraphs (j) through

20  (o) of subsection (4) are redesignated as paragraphs (k)

21  through (p), respectively, and a new paragraph (j) is added to

22  said subsection, to read:

23         393.066  Community services and treatment for persons

24  who are developmentally disabled.--

25         (1)  The Department of Children and Family Health and

26  Rehabilitative Services shall plan, develop, organize, and

27  implement its programs of services and treatment for persons

28  who are developmentally disabled along district lines.  The

29  goal of such programs shall be to allow clients to live as

30  independently as possible in their own homes or communities

31

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    Florida House of Representatives - 1999                HB 1803

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  1  and to achieve productive lives as close to normal as

  2  possible.

  3         (4)  Community-based services shall, to the extent of

  4  available resources, include:

  5         (j)  Music therapy services for infants and toddlers,

  6  for the purpose of maximizing individual potential and

  7  preventing further developmental delays.

  8

  9  Services to clients with spina bifida shall not include

10  medical services except as appropriated by the Legislature.

11         Section 5.  Section 402.25, Florida Statutes, 1998

12  Supplement, is amended to read:

13         402.25  Infants and toddlers in state-funded education

14  and care programs; brain development activities.--Each

15  state-funded education and care program for children from

16  birth to 5 years of age must provide activities to foster

17  brain development in infants and toddlers. A program must

18  provide an environment rich in language and music and filled

19  with objects of various colors, shapes, textures, and sizes to

20  stimulate visual, tactile, auditory, and linguistic senses in

21  the children and must include classical music and music

22  therapy for the purpose of maximizing individual potential and

23  preventing developmental delays, and at least 30 minutes of

24  reading to the children each day. A program may be offered

25  through an existing early childhood program such as Healthy

26  Start, the Title I program, contracted or directly operated

27  subsidized child care, the prekindergarten early intervention

28  program, Florida First Start, the Head Start program, or a

29  private child care program. A program must provide training

30  for the infants' and toddlers' parents including direct

31  dialogue and interaction between teachers and parents

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    Florida House of Representatives - 1999                HB 1803

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  1  demonstrating the urgency of brain development in the first

  2  year of a child's life. Family day care centers are

  3  encouraged, but not required, to comply with this section.

  4         Section 6.  The introductory paragraph and paragraph

  5  (d) of subsection (9) of section 411.203, Florida Statutes,

  6  are amended, paragraphs (b) and (c) of subsection (7) are

  7  redesignated as paragraphs (c) and (d), respectively, and a

  8  new paragraph (b) is added to said subsection, to read:

  9         411.203  Continuum of comprehensive services.--The

10  Department of Education and the Department of Children and

11  Family Health and Rehabilitative Services shall utilize the

12  continuum of prevention and early assistance services for

13  high-risk pregnant women and for high-risk and handicapped

14  children and their families, as outlined in this section, as a

15  basis for the intraagency and interagency program

16  coordination, monitoring, and analysis required in this

17  chapter.  The continuum shall be the guide for the

18  comprehensive statewide approach for services for high-risk

19  pregnant women and for high-risk and handicapped children and

20  their families, and may be expanded or reduced as necessary

21  for the enhancement of those services.  Expansion or reduction

22  of the continuum shall be determined by intraagency or

23  interagency findings and agreement, whichever is applicable.

24  Implementation of the continuum shall be based upon applicable

25  eligibility criteria, availability of resources, and

26  interagency prioritization when programs impact both agencies,

27  or upon single agency prioritization when programs impact only

28  one agency.  The continuum shall include, but not be limited

29  to:

30         (7)  EDUCATION, EARLY ASSISTANCE, AND RELATED SERVICES

31  FOR HIGH-RISK CHILDREN AND THEIR FAMILIES.--

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    Florida House of Representatives - 1999                HB 1803

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  1         (b)  Music therapy services for the purpose of

  2  maximizing individual potential and preventing further

  3  developmental delays, for handicapped and high-risk infants

  4  and children.

  5         (9)  MANAGEMENT SYSTEMS AND PROCEDURES.--

  6         (d)  Information sharing system among the Department of

  7  Children and Family Health and Rehabilitative Services, the

  8  Department of Education, local education agencies, and other

  9  appropriate entities, on children eligible for services.

10  Information may be shared when parental or guardian permission

11  has been given for release.

12         Section 7.  Paragraph (b) of subsection (3), paragraph

13  (a) of subsection (4), and subsection (6) of section 411.232,

14  Florida Statutes, are amended to read:

15         411.232  Children's Early Investment Program.--

16         (3)  ESSENTIAL ELEMENTS.--

17         (b)  While a flexible range of services is essential in

18  the implementation of this act, the following services shall

19  be considered the core group of services:

20         1.  Adequate prenatal care;

21         2.  Health services to the at-risk young children and

22  their families;

23         3.  Infant and child care services;

24         4.  Parenting skills training;

25         5.  Education or training opportunities appropriate for

26  the family; and

27         6.  Economic support.

28

29  Additional services may include, without limitation, alcohol

30  and drug abuse treatment, mental health services, music

31  therapy services for the purpose of maximizing individual

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    Florida House of Representatives - 1999                HB 1803

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  1  potential and preventing developmental delays, housing

  2  assistance, transportation, and nutrition services.

  3         (4)  IMPLEMENTATION.--

  4         (a)  The Department of Children and Family Health and

  5  Rehabilitative Services or its designee shall implement the

  6  Children's Early Investment Program using the criteria

  7  provided in this section.  The department or its designee

  8  shall evaluate and select the programs and sites to be funded

  9  initially. The initial contract awards must be made no later

10  than January 15, 1990.  No more than one of each of the

11  following prototypes may be selected among the first sites to

12  be funded:

13         1.  A program based in a county health department;

14         2.  A program based in an office of the Department of

15  Health and Rehabilitative Services;

16         3.  A program based in a local school district;

17         4.  A program based in a local board or council that is

18  responsible for coordinating and managing community resources

19  from revenue sources earmarked for helping children and

20  meeting their needs;

21         5.  A program based in a local, public or private,

22  not-for-profit provider of services to children and their

23  families; and

24         6.  A program based in a local government.

25         (6)  RULES FOR IMPLEMENTATION.--The Department of

26  Children and Family Health and Rehabilitative Services shall

27  adopt rules necessary to implement this section.

28         Section 8.  This act shall take effect October 1, 1999.

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    Florida House of Representatives - 1999                HB 1803

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  2                          HOUSE SUMMARY

  3
      Provides for inclusion of music therapy services, for the
  4    purpose of maximizing individual potential and preventing
      developmental delays in infants and toddlers, within the
  5    prekindergarten early intervention program, the
      developmental evaluation and intervention program for
  6    high-risk and disabled infants and toddlers, early
      intervention services and community-based services under
  7    the developmental services program, the interagency
      continuum of comprehensive services for high-risk and
  8    handicapped infants and children coordinated by the
      Departments of Education and Children and Family
  9    Services, the brain development activities required for
      infants and toddlers in state-funded education and care
10    programs, and the Children's Investment Program.

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