Senate Bill sb1018e1

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  1                      A bill to be entitled

  2         An act relating to prevention and amelioration

  3         of learning problems and learning disabilities

  4         in young children; authorizing a 3-year

  5         demonstration program to be called Learning

  6         Gateway; creating a steering committee;

  7         providing for membership and appointment of

  8         steering committee members; establishing duties

  9         of the steering committee; authorizing

10         demonstration projects in three counties;

11         authorizing designated agencies to share

12         confidential information with Learning Gateway

13         programs; amending s. 228.093, F.S.; providing

14         access to student records by Learning Gateway

15         programs and the Learning Gateway steering

16         committee; providing for funding; providing an

17         effective date.

18

19         WHEREAS, learning problems in children encompass all

20  areas of development and may affect cognition; communication;

21  attention; perception; behavior; and social, emotional,

22  sensory, and motor functioning, and

23         WHEREAS, learning problems and learning disabilities

24  place children at risk for significant learning and adaptation

25  problems in school, and, over time, adversely affect students'

26  school performance as well as their social, physical, and

27  emotional functioning and quality of life, and

28         WHEREAS, the impact of learning problems on a child's

29  school performance, such as grade retention and referrals to

30  special education, may not be evident until the elementary

31  school years, but warning signs or precursors of learning


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  1  problems and learning disabilities are exhibited much earlier,

  2  and

  3         WHEREAS, new research identifies factors that predict

  4  which children are at risk of early learning problems prior to

  5  school age, including biological, environmental, and

  6  behavioral risks, and

  7         WHEREAS, while no single risk factor can accurately

  8  predict the occurrence of a learning disability, the presence

  9  of multiple risks assists in identifying those children who

10  are most vulnerable, and

11         WHEREAS, recent advances in brain research show that

12  the greatest potential to influence a child's developing brain

13  exists during early years of life, and that the environment

14  sculpts the young child's brain as neurons form connections

15  and mature in response to stimulation and the environment, and

16         WHEREAS, strategies to successfully intervene and

17  instruct before the children experience failure in the early

18  elementary grades are being tested and disseminated by a

19  variety of demonstration research settings but are not widely

20  implemented in general practice, and

21         WHEREAS, identification of potential learning problems

22  is essential to facilitate the provision of services to

23  children during the critical years of development, but

24  inappropriate assessments of young children can create

25  inaccurate, stigmatizing long-term misperceptions about the

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

27         WHEREAS, specific programs exist to provide services to

28  children with established disabling conditions and

29  moderate-to-severe developmental delays that qualify under

30  Part C and Part B of the Individuals with Disabilities

31  Education Act (IDEA) and to their families, and


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  1         WHEREAS, few, if any, programs exist that specifically

  2  target children with early learning problems and mild

  3  developmental delays, and these children frequently do not

  4  qualify for services or supports provided through

  5  federally-funded programs such as Part C and Part B of the

  6  IDEA, and

  7         WHEREAS, providers of education, health services,

  8  mental health services, and other systems of care for children

  9  and their families may be unaware of or untrained in current

10  research on early warning signs and effective instructional

11  strategies and methods of intervention, and

12         WHEREAS, parents are usually the best and most

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

14  information and services is often inconsistent and fragmented

15  across the state, and

16         WHEREAS, the benefits to be generated by early

17  identification and intervention with learning problems,

18  learning disabilities, and mild developmental delays are

19  significant in the lives of children and families, NOW,

20  THEREFORE,

21

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

23

24         Section 1.  Learning Gateway.--

25         (1)  The Legislature authorizes a 3-year demonstration

26  program, to be called the Learning Gateway, the purpose of

27  which is to design and test an integrated community-based

28  system to lessen the effects of early learning problems and

29  learning disabilities for children from birth through age 9

30  through prevention, early identification, early education, and

31  intervention. The goals of the Learning Gateway are to:


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  1         (a)  Improve community awareness and education of

  2  parents and practitioners about the warning signs or

  3  precursors of learning problems and learning disabilities,

  4  including disorders or delayed development in language,

  5  attention, behavior, and social-emotional functioning,

  6  including dyslexia and attention deficit hyperactivity

  7  disorder, in children from birth through age 9.

  8         (b)  Improve access for children who are experiencing

  9  early learning problems and their families to appropriate

10  programs, services, and supports through improved outreach and

11  referral processes among providers.

12         (c)  Improve developmental monitoring and the

13  availability of appropriate screening resources, with emphasis

14  on children from birth through age 9 who are at high risk of

15  having learning problems.

16         (d)  Improve the availability of appropriate education

17  and intervention programs, services, and supports to address

18  learning problems and learning disabilities; address gaps in

19  the array of services and supports so that an appropriate

20  child-centered and family-centered continuum of education and

21  support is readily available in each community.

22         (e)  Improve accountability of the system through

23  improved planning, integration, and collaboration among

24  providers and through outcome measurement.

25         (2)  Learning Gateway Steering Committee.--

26         (a)  To ensure that children with potential learning

27  problems and learning disabilities have access to the

28  appropriate necessary services and supports, a 23-member

29  steering committee is created.  The steering committee is

30  assigned to the Department of Education for administrative

31  purposes.


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  1         (b)  The duties of the Learning Gateway Steering

  2  Committee are to provide policy development, consultation,

  3  oversight, and support for the implementation of three

  4  demonstration programs, and to advise the agencies, the

  5  Legislature, and the Governor on statewide implementation of

  6  system components and issues and of strategies for continuing

  7  improvement to the system.

  8         (c)  The steering committee shall direct the

  9  administering agency of the Learning Gateway program to

10  procure the products delineated in section 2 of this act

11  through contracts or other means.

12         (d)  The steering committee must include

13  representatives of the disciplines relevant to diagnosis of

14  and intervention in early learning problems. The Governor

15  shall appoint one member having expertise in education, one

16  member having expertise in speech and language pathology, one

17  member having expertise in audiology, one member who is a

18  parent of a child eligible for services by the Learning

19  Gateway, and one provider of related diagnostic and

20  intervention services. The President of the Senate shall

21  appoint one member having expertise in psychiatry, one member

22  having expertise in pediatrics, one member having expertise in

23  psychology, one member who is a parent of a child eligible for

24  services by the Learning Gateway, and one member who is a

25  provider of related diagnostic and intervention services. The

26  Speaker of the House of Representatives shall appoint one

27  member having expertise in genetics, one member having

28  expertise in occupational and physical therapy, one member

29  having expertise in social work, one parent of a child

30  eligible for services by the Learning Gateway, and one member

31


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  1  who is a school psychologist providing diagnostic and

  2  intervention services.

  3         (e)  To support and facilitate system improvements, the

  4  steering committee must also include representatives from the

  5  Department of Education, the Department of Health, the Florida

  6  Partnership for School Readiness, the Department of Children

  7  and Family Services, the Agency for Health Care

  8  Administration, the Department of Juvenile Justice, and the

  9  Department of Corrections and the director of the Learning

10  Development and Evaluation Center of Florida Agricultural and

11  Mechanical University.

12         (f)  Steering committee appointments must be made, and

13  the committee must hold its first meeting, within 45 days

14  after this act takes effect. The Governor shall designate as

15  chairman one of the committee members listed in paragraph (d).

16         (3)  Learning Gateway Demonstration Projects.--

17         (a)  Within 90 days after its initial meeting, the

18  Learning Gateway Steering Committee shall accept proposals

19  from interagency consortia in Broward, Manatee, and St. Lucie

20  counties which comprise public and private providers,

21  community agencies, business representatives, and the local

22  school board in each county to serve as demonstration sites

23  for design and development of a system that addresses the

24  requirements in section 2 of this act.  Multi-county

25  collaboration is encouraged, where appropriate.

26         (b)  The proposals for demonstration projects must

27  provide a comprehensive and detailed description of the system

28  of care.  The description of the proposed system of care must

29  clearly indicate the point of access, integration of services,

30  linkages of providers, and additional array of services

31


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  1  required to address the needs of the targeted children and

  2  families.

  3         (c)  The demonstration projects should ensure that the

  4  system of care appropriately includes existing services to the

  5  fullest extent possible and should determine additional

  6  programs, services, and supports that are necessary to

  7  implement the requirements of this act.

  8         (d)  The projects, in conjunction with the steering

  9  committee, shall determine what portion of the system can be

10  funded using existing funds, demonstration funds provided by

11  this act, and other available private and community funds.

12         (e)  The demonstration projects shall recommend to the

13  steering committee the linking or combining of some or all of

14  the local planning bodies, including school readiness

15  coalitions, Healthy Start coalitions, Part C advisory

16  councils, Department of Children and Family Services community

17  alliances, and other boards or councils that have a primary

18  focus on children from birth to age 9, to the extent allowed

19  by federal regulations, if such changes would improve

20  coordination and reduce unnecessary duplication of effort.

21         (f)  Demonstration projects shall use public and

22  private partnerships, partnerships with faith-based

23  organizations, and volunteers, as appropriate, to enhance

24  accomplishment of the goals of the system.

25         (g)  Addressing system components delineated in section

26  2 of this act, each demonstration project proposal must

27  include, at a minimum:

28         1.  A method for establishing communication,

29  coordination, and planning processes within the community.

30         2.  Action steps for making appropriate linkages to

31  existing services within the community.


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  1         3.  Procedures to determine gaps in services and

  2  identify appropriate providers.

  3         4.  Plans to contract for specialty services as needed.

  4         5.  Plans to provide additional direct service, if

  5  necessary, with a limit of self-referrals.

  6         6.  A lead agency to serve as the system access point,

  7  or gateway.

  8         (h)  As authorized under the budget authority of the

  9  Department of Education, demonstration projects,

10  representative of the diversity of the communities in this

11  state, shall be established in Broward, Manatee, and St. Lucie

12  counties as local Learning Gateway sites and shall be

13  authorized to hire staff, establish office space, and contract

14  with private providers as needed to implement the project

15  within the budget designated by the Legislature.

16         (i)  The steering committee must approve, deny, or

17  conditionally approve a Learning Gateway proposal within 60

18  days after receipt of the proposal. If a proposal is

19  conditionally approved, the steering committee must assist the

20  Learning Gateway applicant to correct deficiencies in the

21  proposal by December 1, 2001. Funds must be available to a

22  pilot program 15 days after final approval of its proposal by

23  the steering committee. Funds must be available to all pilot

24  programs by January 1, 2002.

25         Section 2.  Components of the Learning Gateway.--

26         (1)  The Learning Gateway system consists of the

27  following components:

28         (a)  Community education and family-oriented access

29  strategies.--

30         1.  Each local demonstration project shall establish an

31  access point to provide the system access point, or gateway,


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  1  by which parents can receive information about available

  2  appropriate services.  An existing public or private agency or

  3  provider or new provider may serve as the system gateway.  The

  4  local Learning Gateway should provide parents and caretakers

  5  with a single point of access for screening, assessment, and

  6  referral for services for children ages birth through age 9.

  7  The demonstration projects have the budgetary authority to

  8  hire appropriate personnel to perform the required functions.

  9  These staff members must be knowledgeable about child

10  development, early identification of learning problems and

11  learning disabilities, family service planning, and services

12  in the local area.  If the following services are not provided

13  by existing service systems, the gateway provider shall:

14         a.  Conduct intake with families.

15         b.  Conduct appropriate screening or refer for such

16  services.

17         c.  Conduct needs/strengths-based family assessment.

18         d.  Develop family resource plans.

19         e.  Make referrals for needed services and assist

20  families in the application process.

21         f.  Provide service coordination as needed by families.

22         g.  Assist families in establishing a medical home.

23         h.  Conduct case management and transition planning as

24  necessary.

25         i.  Monitor performance of service providers against

26  appropriate standards.

27         2.  The Learning Gateway Steering Committee and

28  demonstration projects shall designate a central information

29  and referral access phone number in each pilot community. This

30  centralized phone number should be used to increase public

31  awareness and to improve access to local supports and services


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  1  for children from birth through age 9 and their families.  The

  2  number should be highly publicized as the primary source of

  3  information on services for young children.  The telephone

  4  staff should be trained and supported to offer accurate and

  5  complete information and to make appropriate referrals to

  6  existing public and private community agencies.

  7         3.  In collaboration with local resources such as

  8  Healthy Start, the demonstration projects shall develop

  9  strategies for providing systematic hospital visits or home

10  visits by trained staff to new mothers. The Learning Gateway

11  Steering Committee shall provide technical assistance to local

12  demonstration projects in developing brochures and other

13  materials to be distributed to parents of newborns.

14         4.  In collaboration with other local resources, the

15  demonstration projects shall develop public awareness

16  strategies to disseminate information about developmental

17  milestones, precursors of learning problems and other

18  developmental delays, and the service system that is

19  available.  The information should target parents of children

20  from birth through age 9 and should be distributed to parents,

21  health care providers, and caregivers of children from birth

22  through age 9.  A variety of media should be used as

23  appropriate, such as print, television, radio, and a

24  community-based internet web site, as well as opportunities

25  such as those presented by parent visits to physicians for

26  well-child check ups.  The Learning Gateway Steering Committee

27  shall provide technical assistance to the local demonstration

28  projects in developing and distributing educational materials

29  and information.

30         a.  Public awareness strategies targeting parents of

31  children from birth through age 5 shall be designed to provide


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  1  information to public and private preschool programs,

  2  childcare providers, pediatricians, parents, and local

  3  business and organizations. These strategies should include

  4  information on the school readiness performance standards for

  5  kindergarten adopted by the School Readiness Partnership

  6  Board.

  7         b.  Public awareness strategies targeting parents of

  8  children from ages 6 through 9 must be designed to disseminate

  9  training materials and brochures to parents and public and

10  private school personnel, and must be coordinated with the

11  local school board and the appropriate school advisory

12  committees in the demonstration projects.  The materials

13  should contain information on state and district proficiency

14  levels for grades K-3.

15         (b)  Screening and developmental monitoring.--

16         1.  In coordination with the Partnership for School

17  Readiness, the Department of Education, and the Florida

18  Pediatric Society, and using information learned from the

19  local demonstration projects, the Learning Gateway Steering

20  Committee shall establish guidelines for screening children

21  from birth through age 9.  The guidelines should incorporate

22  recent research on the indicators most likely to predict early

23  learning problems, mild developmental delays, child-specific

24  precursors of school failure, and other related developmental

25  indicators in the domains of cognition; communication;

26  attention; perception; behavior; and social, emotional,

27  sensory, and motor functioning.  The steering committee should

28  assist projects in developing and testing screening processes

29  to address social/emotional/behavioral interactions between

30  the child and caregiver which could indicate future problems

31  or delays.


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  1         2.  Based on the guidelines established by the steering

  2  committee and in cooperation with the Florida Pediatric

  3  Society, the steering committee shall adopt a comprehensive

  4  checklist for child healthcare checkups and a corresponding

  5  training package for physicians and other medical personnel in

  6  implementing more effective screening for precursors of

  7  learning problems, learning disabilities, and mild

  8  developmental delays.

  9         3.  Using the screening guidelines developed by the

10  steering committee, local demonstration projects should engage

11  local physicians and other medical professionals in enhancing

12  the screening opportunities presented by immunization visits

13  and other well-child appointments, in accordance with the

14  American Academy of Pediatrics Periodicity Schedule.

15         4.  Using the screening guidelines developed by the

16  steering committee, the demonstration projects shall develop

17  strategies to increase early identification of precursors to

18  learning problems and learning disabilities through improved

19  screening and referral practices within public and private

20  early care and education programs and K-3 public and private

21  school settings.  Strategies may include training and

22  technical assistance teams to assist program providers and

23  teachers.  Personnel should refer those children who exhibit

24  potential learning problems to the appropriate community

25  resource for further evaluation and services.  The program

26  shall collaborate appropriately with the school readiness

27  coalitions, local school boards, and other community resources

28  in arranging and providing training and technical assistance

29  for early identification and screening.

30         5.  The demonstration project shall work with

31  appropriate local entities to reduce the duplication of


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  1  cross-agency screening in each demonstration project area.

  2  Demonstration projects shall provide opportunities for public

  3  and private providers of screening and assessment at each age

  4  level to meet periodically to identify screening practices

  5  where gaps or duplication of efforts exists.

  6         6.  Based on technical assistance and support provided

  7  by the steering committee and in conjunction with the school

  8  readiness coalitions and other appropriate entities,

  9  demonstration projects shall develop a system to log the

10  number of children screened, assessed, and referred for

11  services.  After development and testing, tracking should be

12  supported by a standard electronic data system for screening

13  and assessment information.

14         7.  In conjunction with the technical assistance of the

15  steering committee, demonstration projects shall develop a

16  system for targeted screening.  The projects should conduct a

17  needs assessment of existing programs and services where

18  targeted screening programs should be offered. Based on the

19  results of the needs assessment, procedures must be

20  established within the demonstration community to ensure that

21  periodic developmental screening is conducted for children

22  from birth through age 9 who are served by state intervention

23  programs or whose parents or caregivers are in state

24  intervention programs. Intervention programs for children,

25  parents, and caregivers include those administered or funded

26  by the:

27         a.  Agency for Health Care Administration;

28         b.  Department of Children and Family Services;

29         c.  Department of Corrections and other criminal

30  justice programs;

31         d.  Department of Education;


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  1         e.  Department of Health; and

  2         f.  Department of Juvenile Justice.

  3         8.  When results of screening suggest developmental

  4  problems, potential learning problems, or learning

  5  disabilities, the intervention program shall refer the child

  6  to the Learning Gateway for coordination of further

  7  assessment. The Learning Gateway shall make referrals to the

  8  appropriate entities within the service system.

  9         9.  The local Learning Gateway shall provide for

10  followup contact to all families whose children were found

11  ineligible for services under Part B or Part C of the IDEA.

12         10.  In consultation with the steering committee,

13  demonstration projects shall pilot the expansion of newborn

14  screening to include tandem mass spectrometry, pursuant to

15  section 383.14, Florida Statutes, with the intention of

16  statewide implementation at the earliest feasible date.

17         11.  Demonstration projects shall pilot an automatic

18  referral of high-risk newborns by the Office of Vital

19  Statistics to the local Learning Gateway.  Upon receipt of

20  referral, staff of the local Learning Gateway shall contact

21  the parents and provide information about available services.

22  Parental consent is required for further referral for

23  evaluation and services. The procedures established must be

24  consistent with applicable confidentiality requirements.

25         12.  Notwithstanding any law to the contrary, each

26  agency identified in paragraph 7. is authorized to share with

27  a Learning Gateway program confidential information exempt

28  from disclosure under chapter 119, Florida Statutes, on any

29  individual who is or has been the subject of a developmental

30  screening within the jurisdiction of each agency.

31         (c)  Early education, services and supports.--


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  1         1.  The demonstration projects shall develop a model

  2  system of care that builds upon, integrates, and fills the

  3  gaps in existing services.  Qualified providers of

  4  family-based or center-based interventions or public and

  5  private school personnel shall offer services in a manner

  6  consistent with the standards established by their profession

  7  and by the standards and criteria adopted by the steering

  8  committee and consistent with effective and proven strategies.

  9  The specific services and supports may include:

10         a.  High-quality early education and care programs.

11         b.  Assistance to parents and other caregivers, such as

12  home-based modeling programs for parents and play programs to

13  provide peer interactions.

14         c.  Speech and language therapy that is age

15  appropriate.

16         d.  Parent education and training.

17         e.  Comprehensive medical screening and referral with

18  biomedical interventions as necessary.

19         f.  Referral as needed for family therapy, other mental

20  health services, and treatment programs.

21         g.  Family support services as necessary.

22         h.  Therapy for learning differences in reading and

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

24  K to 3.

25         i.  Referral for Part B or Part C services as required.

26         j.  Expanded access to community-based services for

27  parents.

28         k.  Parental choice in the provision of services by

29  public and private providers.

30         2.  Demonstration projects shall develop strategies to

31  increase the use of appropriate intervention practices with


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  1  children who have learning problems and learning disabilities

  2  within public and private early care and education programs

  3  and K-3 public and private school settings.  Strategies may

  4  include training and technical assistance teams.  Intervention

  5  must be coordinated and must focus on providing effective

  6  supports to children and their families within their regular

  7  education and community environment.  These strategies must

  8  incorporate, as appropriate, school and district activities

  9  related to the student's academic improvement plan and must

10  provide parents with greater access to community-based

11  services that should be available beyond the traditional

12  school day. Academic expectations for public school students

13  in grades K-3 must be based upon the local school board's

14  adopted proficiency levels.  When appropriate, school

15  personnel shall consult with the local Learning Gateway to

16  identify other community resources for supporting the child

17  and the family.

18         3.  The steering committee, in conjunction with local

19  demonstration projects and local school boards, may develop a

20  plan for creating incentives for educators and parents or

21  caregivers to use appropriate practices for young children

22  from birth through age 9 which address the unique needs of

23  children who are at risk of learning problems and learning

24  disabilities that may impede success in school. Incentives

25  should be awarded based on the integration of instructional

26  strategies, staffing ratios, staff training requirements,

27  family involvement, and other specialized services and

28  supports that are designed to meet the unique needs of all

29  learners.

30         4.  The steering committee shall work toward the goal

31  of ensuring that every teacher has the ability to identify and


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  1  properly respond to children who have learning problems and

  2  learning disabilities. In cooperation with the universities in

  3  the state and the Department of Education, the steering

  4  committee shall identify competencies for instructional

  5  personnel to address learning problems and learning

  6  disabilities that may impede school success. These

  7  competencies must be used to develop or adopt research-based

  8  preservice and inservice training programs for teachers and

  9  personnel in public and private early care and education

10  programs and grades preK-3. Each teacher preparation program

11  in the state university system must require a minimum of 3

12  hours of credit in coursework in normal child development and

13  the disorders of development.

14         5.  The steering committee shall work with the

15  Department of Education to ensure that certification and

16  recertification requirements prepare teachers to identify

17  developmental problems in students and to use research-based,

18  effective instructional and behavioral strategies for speech

19  and language development, emerging literacy, and

20  developmentally appropriate practices and learning strategies

21  for diverse learners.

22         6.  The steering committee, in cooperation with the

23  Florida Partnership for School Readiness, shall identify the

24  elements of an effective research-based curriculum for early

25  care and education programs.

26         7.  The steering committee, in conjunction with the

27  demonstration projects, shall develop processes for

28  identifying and sharing promising practices and shall showcase

29  these programs and practices at the dissemination conference.

30  As funding is available, the committee may recommend monetary

31  awards to programs selected as "promising practices" to be


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  1  used for program enhancements. Processes for selecting

  2  promising practices should include:

  3         a.  Establishing criteria for selection, including

  4  length of time in operation and evidence of effectiveness

  5  (outcome data);

  6         b.  Establishing a nomination process;

  7         c.  Establishing a review panel and review process;

  8         d.  Making the selection based on a written

  9  description;

10         e.  Conducting a site visit;

11         f.  Completing the selections; and

12         g.  Disseminating program descriptions.

13         8.  The steering committee shall establish processes

14  for facilitating state and local providers' ready access to

15  information and training concerning effective instructional

16  and behavioral practices and interventions based on advances

17  in the field and for encouraging researchers to regularly

18  guide practitioners in designing and implementing

19  research-based practices. At a minimum, the steering committee

20  shall assist the demonstration projects in conducting periodic

21  conferences to ensure the dissemination of information on best

22  practices and new insights about early identification,

23  education, and intervention for children from birth through

24  age 9. The conference should be established so that continuing

25  education credits may be awarded to medical professionals,

26  teachers, and others for whom this is an incentive.

27         9.  Demonstration projects shall investigate and may

28  recommend to the steering committee more effective resource

29  allocation and flexible funding strategies such as central

30  financing, if such strategies are in the best interest of the

31  children and families in the community.  The Department of


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    CS for SB 1018                                 First Engrossed



  1  Education and other relevant agencies shall assist the

  2  demonstration projects in securing state and federal waivers

  3  as appropriate.  Effectiveness of interventions, such as

  4  reduced referrals to special education, should not negatively

  5  affect the schools' or district's budget.

  6         Section 3.  Accountability.--

  7         (1)  The steering committee shall assist the School

  8  Readiness Estimating Conference and the Enrollment Conference

  9  for Public Schools in developing estimates of the population

10  of children from birth through age 9 who are at risk of

11  learning problems and learning disabilities by establishing

12  cross-agency standards for data collection and sharing.

13         (2)  The steering committee, in conjunction with the

14  demonstration projects, shall develop accountability

15  mechanisms to ensure that the demonstration programs are

16  effective and that resources are used as efficiently as

17  possible. Accountability should be addressed through a

18  multilevel evaluation system, including measurement of

19  outcomes and operational indicators. Measurable outcomes must

20  be developed to address improved family functioning, improved

21  child development, improved child health, and success in

22  school.  Indicators of system improvements must be developed

23  to address quality of programs and integration of services.

24  Agency monitoring of programs shall include a review of child

25  and family outcomes and system effectiveness indicators with a

26  specific focus on elimination of unnecessary duplication of

27  planning, screening, and services.

28         (3)  The steering committee shall oversee a formative

29  evaluation of the project during implementation, including

30  reporting short-term outcomes and system improvements.  By

31  January 2003, the steering committee shall make


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    CS for SB 1018                                 First Engrossed



  1  recommendations to the Governor, the President of the Senate,

  2  the Speaker of the House of Representatives, and the

  3  Commissioner of Education related to the merits of expansion

  4  of the demonstration projects.

  5         (4)  The steering committee, at any time, may recommend

  6  statewide expansion of any component of the system which has

  7  demonstrated effectiveness as documented by the formative

  8  evaluation.

  9         (5)  If statewide expansion of the comprehensive system

10  is recommended after the second year of the program, the

11  steering committee, in conjunction with the demonstration

12  projects, shall develop state-level and community-based

13  strategic plans to formalize the goals, objectives,

14  strategies, and intended outcomes of the comprehensive system,

15  and to support the integration and efficient delivery of all

16  services and supports for children from birth through age 9

17  who have learning problems or learning disabilities. In

18  conjunction with the demonstration projects, the steering

19  committee shall develop a statewide strategic plan for

20  implementing a model system statewide. Community-level

21  strategic plans must include, but need not be limited to,

22  strategies to:

23         (a)  Improve early identification of those who are at

24  risk for learning problems and learning disabilities;

25         (b)  Provide access to an appropriate array of services

26  within the child's natural environment or regular classroom

27  setting or specialized training in other settings;

28         (c)  Improve and coordinate screening for children from

29  birth through age 9;

30         (d)  Improve and coordinate services for children from

31  birth through age 9;


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    CS for SB 1018                                 First Engrossed



  1         (e)  Address training of professionals in effectively

  2  identifying factors, across all domains, which place children

  3  from birth through age 9 at risk of school failure and in

  4  appropriate interventions for the learning differences;

  5         (f)  Provide appropriate support to families;

  6         (g)  Share best practices with caregivers and referral

  7  sources;

  8         (h)  Address resource needs of the assessment and

  9  intervention system; and

10         (i)  Address development of implementation plans to

11  identify action steps, responsible parties, and implementation

12  schedules, and to ensure appropriate alignment with agency

13  strategic plans.

14         Section 4.  Paragraph (d) of subsection (3) of section

15  228.093, Florida Statutes, is amended to read:

16         228.093  Pupil and student records and reports; rights

17  of parents, guardians, pupils, and students; notification;

18  penalty.--

19         (3)  RIGHTS OF PARENT, GUARDIAN, PUPIL, OR

20  STUDENT.--The parent or guardian of any pupil or student who

21  attends or has attended any public school, area

22  vocational-technical training center, community college, or

23  institution of higher education in the State University System

24  shall have the following rights with respect to any records or

25  reports created, maintained, and used by any public

26  educational institution in the state.  However, whenever a

27  pupil or student has attained 18 years of age, or is attending

28  an institution of postsecondary education, the permission or

29  consent required of, and the rights accorded to, the parents

30  of the pupil or student shall thereafter be required of and

31  accorded to the pupil or student only, unless the pupil or


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    CS for SB 1018                                 First Engrossed



  1  student is a dependent pupil or student of such parents as

  2  defined in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue

  3  Code of 1954). The State Board of Education shall formulate,

  4  adopt, and promulgate rules whereby parents, guardians,

  5  pupils, or students may exercise these rights:

  6         (d)  Right of privacy.--Every pupil or student shall

  7  have a right of privacy with respect to the educational

  8  records kept on him or her. Personally identifiable records or

  9  reports of a pupil or student, and any personal information

10  contained therein, are confidential and exempt from the

11  provisions of s. 119.07(1).  No state or local educational

12  agency, board, public school, area technical center, community

13  college, or institution of higher education in the State

14  University System shall permit the release of such records,

15  reports, or information without the written consent of the

16  pupil's or student's parent or guardian, or of the pupil or

17  student himself or herself if he or she is qualified as

18  provided in this subsection, to any individual, agency, or

19  organization.  However, personally identifiable records or

20  reports of a pupil or student may be released to the following

21  persons or organizations without the consent of the pupil or

22  the pupil's parent:

23         1.  Officials of schools, school systems, area

24  technical centers, community colleges, or institutions of

25  higher learning in which the pupil or student seeks or intends

26  to enroll; and a copy of such records or reports shall be

27  furnished to the parent, guardian, pupil, or student upon

28  request.

29         2.  Other school officials, including teachers within

30  the educational institution or agency, who have legitimate

31


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    CS for SB 1018                                 First Engrossed



  1  educational interests in the information contained in the

  2  records.

  3         3.  The United States Secretary of Education, the

  4  Director of the National Institute of Education, the Assistant

  5  Secretary for Education, the Comptroller General of the United

  6  States, or state or local educational authorities who are

  7  authorized to receive such information subject to the

  8  conditions set forth in applicable federal statutes and

  9  regulations of the United States Department of Education, or

10  in applicable state statutes and rules of the State Board of

11  Education.

12         4.  Other school officials, in connection with a

13  pupil's or student's application for or receipt of financial

14  aid.

15         5.  Individuals or organizations conducting studies for

16  or on behalf of an institution or a board of education for the

17  purpose of developing, validating, or administering predictive

18  tests, administering pupil or student aid programs, or

19  improving instruction, if such studies are conducted in such a

20  manner as will not permit the personal identification of

21  pupils or students and their parents by persons other than

22  representatives of such organizations and if such information

23  will be destroyed when no longer needed for the purpose of

24  conducting such studies.

25         6.  Accrediting organizations, in order to carry out

26  their accrediting functions.

27         7.  School readiness coalitions and the Florida

28  Partnership for School Readiness in order to carry out their

29  assigned duties.

30

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    CS for SB 1018                                 First Engrossed



  1         8.  Learning Gateway programs and the Learning Gateway

  2  steering committee in order to carry out their assigned

  3  duties.

  4         9.8.  For use as evidence in pupil or student expulsion

  5  hearings conducted by a district school board pursuant to the

  6  provisions of chapter 120.

  7         10.9.  Appropriate parties in connection with an

  8  emergency, if knowledge of the information in the pupil's or

  9  student's educational records is necessary to protect the

10  health or safety of the pupil, student, or other individuals.

11         11.10.  The Auditor General in connection with his or

12  her official functions; however, except when the collection of

13  personally identifiable information is specifically authorized

14  by law, any data collected by the Auditor General is

15  confidential and exempt from the provisions of s. 119.07(1)

16  and shall be protected in such a way as will not permit the

17  personal identification of students and their parents by other

18  than the Auditor General and his or her staff, and such

19  personally identifiable data shall be destroyed when no longer

20  needed for the Auditor General's official use.

21         12.11.a.  A court of competent jurisdiction in

22  compliance with an order of that court or the attorney of

23  record pursuant to a lawfully issued subpoena, upon the

24  condition that the pupil or student and the pupil's or

25  student's parent are notified of the order or subpoena in

26  advance of compliance therewith by the educational institution

27  or agency.

28         b.  A person or entity pursuant to a court of competent

29  jurisdiction in compliance with an order of that court or the

30  attorney of record pursuant to a lawfully issued subpoena,

31  upon the condition that the pupil or student, or his or her


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    CS for SB 1018                                 First Engrossed



  1  parent if the pupil or student is either a minor and not

  2  attending an institution of postsecondary education or a

  3  dependent of such parent as defined in 26 U.S.C. s. 152 (s.

  4  152 of the Internal Revenue Code of 1954), is notified of the

  5  order or subpoena in advance of compliance therewith by the

  6  educational institution or agency.

  7         13.12.  Credit bureaus, in connection with an agreement

  8  for financial aid which the student has executed, provided

  9  that such information may be disclosed only to the extent

10  necessary to enforce the terms or conditions of the financial

11  aid agreement. Credit bureaus shall not release any

12  information obtained pursuant to this paragraph to any person.

13         1413.  Parties to an interagency agreement among the

14  Department of Juvenile Justice, school and law enforcement

15  authorities, and other signatory agencies for the purpose of

16  reducing juvenile crime and especially motor vehicle theft by

17  promoting cooperation and collaboration, and the sharing of

18  appropriate information in a joint effort to improve school

19  safety, to reduce truancy, in-school and out-of-school

20  suspensions, to support alternatives to in-school and

21  out-of-school suspensions and expulsions that provide

22  structured and well-supervised educational programs

23  supplemented by a coordinated overlay of other appropriate

24  services designed to correct behaviors that lead to truancy,

25  suspensions, and expulsions, and which support students in

26  successfully completing their education.  Information provided

27  in furtherance of such interagency agreements is intended

28  solely for use in determining the appropriate programs and

29  services for each juvenile or the juvenile's family, or for

30  coordinating the delivery of such programs and services, and

31  as such is inadmissible in any court proceedings prior to a


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    CS for SB 1018                                 First Engrossed



  1  dispositional hearing unless written consent is provided by a

  2  parent, guardian, or other responsible adult on behalf of the

  3  juvenile.

  4

  5  This paragraph does not prohibit any educational institution

  6  from publishing and releasing to the general public directory

  7  information relating to a pupil or student if the institution

  8  elects to do so.  However, no educational institution shall

  9  release, to any individual, agency, or organization which is

10  not listed in subparagraphs 1.-13., directory information

11  relating to the student body in general or a portion thereof

12  unless it is normally published for the purpose of release to

13  the public in general.  Any educational institution making

14  directory information public shall give public notice of the

15  categories of information which it has designated as directory

16  information with respect to all pupils or students attending

17  the institution and shall allow a reasonable period of time

18  after such notice has been given for a parent, guardian,

19  pupil, or student to inform the institution in writing that

20  any or all of the information designated should not be

21  released.

22         Section 5.  The Legislature shall appropriate a sum of

23  money to fund the demonstration programs and shall authorize

24  selected communities to blend funding from existing programs

25  to the extent that this is advantageous to the community and

26  is consistent with federal requirements.

27         Section 6.  This act shall take effect upon becoming a

28  law.

29

30

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