House Bill hb1015c1

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    Florida House of Representatives - 2001             CS/HB 1015

        By the Committee on General Education and Representatives
    Harrell and Fiorentino





  1                      A bill to be entitled

  2         An act relating to learning disabilities in

  3         young children; creating s. 240.5311, F.S.;

  4         creating the Learning Gateway Project to

  5         provide grants to universities to establish a

  6         statewide consortium to address learning

  7         disabilities; providing for administration of

  8         the project; providing project functions;

  9         providing for regional Learning Gateway Centers

10         and specifying services of the centers;

11         requiring a report; requiring an appropriation;

12         requiring the Department of Education to

13         finalize all rules by a date certain to

14         implement the Individuals with Disabilities

15         Education Act; requiring the Department of

16         Education to report by a specific date on

17         needed rule authority to implement the

18         Individuals with Disabilities Education Act;

19         providing an effective date.

20

21         WHEREAS, disabilities place children at risk for

22  significant learning and adaptation problems in school, and,

23  over time, adversely affect students' school performance as

24  well as their social, physical, and emotional functioning and

25  quality of life, and

26         WHEREAS, while the impact of disabilities on a child's

27  performance may not be evident until the elementary school

28  years, warning signs or precursors of learning disabilities

29  may be exhibited much earlier, and

30         WHEREAS, while no single risk factor can accurately

31  predict the occurrence of a learning disability, the presence

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    Florida House of Representatives - 2001             CS/HB 1015

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  1  of multiple risks assists in identifying those children who

  2  are most vulnerable, and

  3         WHEREAS, labeling of a young child can create

  4  inaccurate, stigmatizing long-term misconceptions about the

  5  child's potential as a competent learner and citizen, and

  6         WHEREAS, specific programs that qualify under Part B

  7  and Part C of the Individuals with Disabilities Education Act

  8  exist to provide services to children with established

  9  disabling conditions and moderate-to-severe developmental

10  delays and to their families, and

11         WHEREAS, parents are usually the best and most

12  important source of support for their children, but access to

13  information and services is often inconsistent, fragmented,

14  and difficult to locate, and

15         WHEREAS, the benefits to be generated by early

16  identification and intervention with respect to learning

17  problems, learning disabilities, and mild developmental delays

18  are significant in the lives of children and their families,

19  NOW, THEREFORE,

20

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

22

23         Section 1.  Section 240.5311, Florida Statutes, is

24  created to read:

25         240.5311  Learning Gateway Project.--

26         (1)  There is created the Learning Gateway Project to

27  provide grants to eligible universities to establish an

28  integrated approach for health care providers and parents to

29  lessen the effects of learning disabilities for children

30  through prevention, early identification, early education, and

31  appropriate intervention.  Parental consent shall be required

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    Florida House of Representatives - 2001             CS/HB 1015

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  1  for all services provided pursuant to the Learning Gateway

  2  Project, including initial contact and further referral for

  3  evaluation and services. The selected universities shall form

  4  a statewide consortium and shall select a university with a

  5  medical program to serve as lead university for the

  6  consortium.

  7         (2)  The Learning Gateway Project shall:

  8         (a)  Be administered by the Department of Education to

  9  provide grants to eligible state universities for the purpose

10  of developing a statewide catalog of programs, resources, and

11  funds that assist children with learning disabilities. The

12  state universities identified in the Learning Gateway Project

13  shall work collaboratively to develop this project and use the

14  expertise, resources, faculty, and students within the

15  universities to develop the project. Under the direction of

16  the Learning Gateway Project, the participating universities

17  may use their students to design brochures, perform research,

18  collect data on community resources and programs, and develop

19  and maintain a website, through coordination with the State

20  Technology Office, to give parents, teachers, and

21  practitioners information about early warning signs of

22  learning disabilities, Learning Gateway Centers, and

23  community-based programs.

24         (b)  Work collaboratively with representatives of state

25  and local agencies and private programs to develop a

26  comprehensive list of regional providers.

27         (c)  Identify the factors that interfere with or

28  inhibit normal development and learning.  The Learning Gateway

29  Project shall bring together research that integrates the

30  disciplines relevant to the diagnosis, causes, treatment, and

31  intervention of early learning disabilities.

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  1         (d)  Establish guidelines for screening children.  The

  2  guidelines should incorporate relevant research on the

  3  indicators most likely to predict early learning problems,

  4  mild developmental delays, child-specific precursors of school

  5  failure, and other related developmental indicators in the

  6  domains of cognition, communication, attention, perception,

  7  behavior, and social, emotional, sensory, and motor

  8  functioning.

  9         (e)  Adopt a checklist for physicians, health care

10  personnel, and school personnel in implementing more effective

11  screening for precursors of learning disabilities and mild

12  developmental delays. Such information shall be prepared so

13  that it can be appropriately presented as part of routine

14  clinic sessions for immunization visits and visits under the

15  "Special Supplemental Nutrition Program for Women, Infants,

16  and Children" (WIC) under s. 383.011 and other well-child

17  appointments.

18         (f)  Identify the elements of an effective

19  research-based curriculum for each learning disability.

20         (g)  Develop a model system of care, through the

21  establishment of regional Learning Gateway Centers, that

22  builds upon, integrates, and identifies the gaps in existing

23  services.

24         (h)  Develop two brochures and a website, in

25  coordination with the State Technology Office, to distribute

26  information.

27         1.  One brochure shall be designed to educate parents

28  and caretakers about the importance of prenatal care and

29  nutrition and shall identify the early warning signs of

30  disabilities that may lead to learning disabilities and

31  developmental delays.  This brochure shall be distributed to

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    Florida House of Representatives - 2001             CS/HB 1015

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  1  parents through early childhood programs administered by the

  2  Department of Education, the Department of Health, the Florida

  3  Partnership for School Readiness, the Agency for Workforce

  4  Innovation, the Department of Children and Family Services,

  5  the Agency for Health Care Administration, the Department of

  6  Juvenile Justice, the Department of Corrections, and the

  7  Learning Development and Evaluation Center of Florida

  8  Agricultural and Mechanical University.

  9         2.  One brochure shall be developed to provide

10  physicians, parents, and teachers information on the Learning

11  Gateway Project and the Learning Gateway Centers, as well as

12  all the programs, facilities, resources, and services

13  available within each identified service area.

14         3.  The website shall provide ready access for parents,

15  physicians, teachers, and caretakers to information regarding

16  the Learning Gateway Project and the Learning Gateway Centers

17  for the purpose of referral and information on the learning

18  disabilities addressed by the project.  It shall itemize the

19  resources available for intervention, diagnosis, and

20  treatment, as well as regional listings of available related

21  services and providers, indexed by learning disability.

22         (3)(a)  The Learning Gateway Centers shall develop a

23  network of all available services within each identified

24  service area and submit the list and description to the

25  Learning Gateway Project for inclusion in the website for the

26  programs available to parents, physicians, and other health

27  care providers. The Learning Gateway Centers shall use the

28  list to refer parents to programs or facilities appropriate to

29  meet their child's needs. For the purpose of serving areas of

30  the state where no services currently exist or where the

31  private providers lack the expertise to diagnose and provide

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    Florida House of Representatives - 2001             CS/HB 1015

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  1  strategies for improved learning, each participating

  2  university may use Learning Gateway Project funds to expand

  3  the current services provided through the university to set up

  4  clinics on site or at other locations to diagnose learning

  5  disabilities while providing students an opportunity to

  6  intern.  Participating universities with comprehensive schools

  7  that can diagnose difficult problems may expand existing

  8  clinics to serve as a resource for children with specialized

  9  problems and their parents when services are not available

10  from public or private local providers within the regional

11  Learning Gateway Center.  The regional Learning Gateway

12  Centers may provide services to parents, physicians, and other

13  health care providers where there is a gap in the service

14  available from public and private providers.  The Learning

15  Gateway Centers may provide direct service to children who do

16  not receive coverage under state, federal, or private

17  insurance or may contract for specialty services.  Centers may

18  also provide for services to children whose parents are

19  dissatisfied with their present services.

20         (b)  Learning Gateway Centers shall be the single point

21  of access for screening, assessment, integration of services,

22  linkages of providers, referrals, and services required to

23  address the needs of the children and families, using faculty,

24  graduate students, and other professionals as needed.  The

25  Learning Gateway Centers shall provide to parents and

26  physicians a one-stop referral center to provide accurate

27  information on public and private professionals who can assist

28  in determining the physical, emotional, nutritional,

29  environmental, and mental factors that may be interfering with

30  learning and normal development.

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    Florida House of Representatives - 2001             CS/HB 1015

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  1         (c)  Staff of the Learning Gateway Centers must be

  2  knowledgeable about child development, early identification of

  3  learning disabilities, access to needed health care services

  4  and health insurance coverage for such services, and state and

  5  federal funds available for services in the local area.  If

  6  the following services are not provided by existing service

  7  systems, with the permission of the parent, the Learning

  8  Gateway Centers shall:

  9         1.  Conduct appropriate screening or refer for such

10  services.

11         2.  Develop family resource plans.

12         3.  Make referrals for needed services and assist

13  families in the application process.

14         4.  Provide educational and training classes for

15  parents, teachers, and caretakers.

16         (d)  The specific services and supports provided by the

17  Learning Gateway Centers may include:

18         1.  Speech and language therapy that is appropriate.

19         2.  Comprehensive medical screening and referral.

20         3.  Referral as needed for family therapy, other mental

21  health services, and treatment programs.

22         4.  Therapy for learning differences in reading and

23  math, and attention to subject material for children in grades

24  K-3.

25         5.  Referral for services pursuant to Part B or Part C

26  of the Individuals with Disabilities Education Act, as

27  required.

28         (e)  The Learning Gateway Centers shall designate a

29  central information and referral access phone number for each

30  center, to be used to improve access to local supports and

31  services for children and their families.

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    Florida House of Representatives - 2001             CS/HB 1015

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  1         (f)  When results of screening suggest developmental

  2  problems, potential learning problems, or learning

  3  disabilities, the intervention program, with permission of the

  4  parent, shall refer the child to the regional Learning Gateway

  5  Center for coordination of further assessment.  The Learning

  6  Gateway Center shall make referrals to the appropriate

  7  entities within the service system.

  8         (g)  The Learning Gateway Centers shall provide

  9  regional training and updates concerning effective

10  instructional and behavioral practices and interventions based

11  on advances in the field and for encouraging researchers to

12  regularly guide practitioners in designing and implementing

13  research-based practices.

14         (4)  By January 2003, the Learning Gateway Project

15  shall report to the Governor, the President of the Senate, the

16  Speaker of the House of Representatives, and the Commissioner

17  of Education on the progress, success, and integration of

18  services; the number, types, and outcomes of children served

19  by the Learning Gateway Centers; and the number and types of

20  referrals made through the project.

21         (5)  The Learning Gateway Project must develop a

22  comprehensive list of services and funding sources available

23  to provide services for children.  Relevant state agencies

24  shall assist the Learning Gateway Project in securing state

25  and federal waivers as appropriate.

26         (6)  This project shall be implemented subject to the

27  General Appropriations Act.

28         Section 2.  By October 15, 2001, the Florida Department

29  of Education shall finalize all administrative rule revisions

30  necessary to properly implement the 1997 amendments to the

31  Individuals with Disabilities Education Act.

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    Florida House of Representatives - 2001             CS/HB 1015

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  1         Section 3.  By October 15, 2001, the Florida Department

  2  of Education shall report to the Governor, the Speaker of the

  3  House of Representatives, and the President of the Senate the

  4  additional rule authority it needs, if any, to implement the

  5  Individuals with Disabilities Education Act.

  6         Section 4.  This act shall take effect July 1, 2001.

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