House Bill hb0271

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    Florida House of Representatives - 2002                 HB 271

        By Representative Harrell






  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 demonstration

  5         program to be called Learning Gateway; creating

  6         a steering committee; providing for membership

  7         and appointment of steering committee members;

  8         establishing duties of the steering committee;

  9         authorizing demonstration projects in specified

10         counties; authorizing designated agencies to

11         share confidential information with such

12         program; amending s. 228.093, F.S.; providing

13         access to student records by such program and

14         the steering committee; providing for funding;

15         providing an effective date.

16

17         WHEREAS, learning problems in children encompass all

18  areas of development and may affect cognition, communication,

19  attention, perception, behavior, and social, emotional,

20  sensory, and motor functioning, and

21         WHEREAS, learning problems and learning disabilities

22  place children at risk for significant learning and adaptation

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

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

25  emotional functioning and quality of life, and

26         WHEREAS, the effects of learning problems on a child's

27  school performance, such as grade retention and referrals to

28  special education, may not become evident until the elementary

29  school years, but warning signs or precursors of learning

30  problems and learning disabilities are exhibited much earlier,

31  and

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  1         WHEREAS, new research identifies factors that predict

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

  3  school age, including biological, environmental, and

  4  behavioral risks, and

  5         WHEREAS, while no single risk factor can accurately

  6  predict the occurrence of a learning disability, the presence

  7  of multiple risks assists in identifying those children who

  8  are most vulnerable, and

  9         WHEREAS, recent advances in brain research show that

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

11  exists during the early years of life and that the environment

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

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

14         WHEREAS, strategies to successfully intervene and

15  instruct before children experience failure in the early

16  elementary grades are being tested within a variety of

17  demonstration research settings and are disseminated but are

18  not widely implemented in general practice, and

19         WHEREAS, identification of potential learning problems

20  is essential to facilitate the provision of services to

21  children during the critical years of development, but

22  inappropriate assessments of young children can create

23  inaccurate, stigmatizing long-term misperceptions concerning

24  the child's potential as a competent learner, and

25         WHEREAS, specific programs exist to provide services to

26  children having established disabling conditions and

27  moderate-to-severe developmental delays that qualify under

28  Part C and Part B of the Individuals with Disabilities

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

30         WHEREAS, few, if any, programs exist which specifically

31  target children with early learning problems and mild

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  1  developmental delays, and these children frequently do not

  2  qualify for services or supports provided through federally

  3  funded programs such as Part C and Part B of the IDEA, and

  4         WHEREAS, providers of education, health services,

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

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

  7  research on early warning signs and effective instructional

  8  strategies and methods of intervention, and

  9         WHEREAS, parents are usually the best and most

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

11  information and services is often inconsistent and fragmented

12  across the state, and

13         WHEREAS, parental consent shall be required for all

14  services provided pursuant to the Learning Gateway program,

15  including initial contact and further referral for evaluation

16  and services, and

17         WHEREAS, with parental consent, evaluation and

18  accommodations are available to children who have disabling

19  conditions and who are eligible under section 504 of the

20  Rehabilitation Act and the Americans with Disabilities Act,

21  and

22         WHEREAS, the benefits to be generated by early

23  identification of and intervention in learning problems,

24  learning disabilities, and mild developmental delays are

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

26  THEREFORE,

27

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

29

30         Section 1.  Learning Gateway.--

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  1         (1)  PROGRAM GOALS.--The Legislature authorizes a

  2  3-year demonstration program, to be called the Learning

  3  Gateway, the purpose of which is to design and test an

  4  integrated community-based system to lessen the effects of

  5  early learning problems and learning disabilities for children

  6  from birth through age 9 through prevention, early

  7  identification, early education, and intervention. The goals

  8  of the Learning Gateway are to:

  9         (a)  Improve community awareness and education of

10  parents and practitioners about the warning signs or

11  precursors of learning problems and learning disabilities,

12  including disorders or delayed development in language,

13  attention, behavior, and social-emotional functioning,

14  including dyslexia and attention deficit hyperactivity

15  disorder, in children from birth through age 9.

16         (b)  Improve access for children who are experiencing

17  early learning problems and their families to appropriate

18  programs, services, and supports through improved outreach and

19  referral processes among providers.

20         (c)  Improve developmental monitoring and the

21  availability of appropriate screening resources, with emphasis

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

23  having learning problems.

24         (d)  Improve the availability of appropriate education

25  and intervention programs, services, and supports to address

26  learning problems and learning disabilities.

27         (e)  Address gaps in the array of services and supports

28  so that an appropriate child-centered and family-centered

29  continuum of education and support is readily available in

30  each community.

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  1         (f)  Improve accountability of the system through

  2  improved planning, integration, and collaboration among

  3  providers and through outcome measurement.

  4         (2)  LEARNING GATEWAY STEERING COMMITTEE.--

  5         (a)  To ensure that children with potential learning

  6  problems and learning disabilities have access to the

  7  appropriate necessary services and supports, a 23-member

  8  steering committee is created.  The steering committee is

  9  assigned to the Department of Education for administrative

10  purposes.

11         (b)  The duties of the Learning Gateway Steering

12  Committee are to provide policy development, consultation,

13  oversight, and support for the implementation of three

14  demonstration projects and to advise the agencies, the

15  Legislature, and the Governor on statewide implementation of

16  system components and issues and on strategies for continuing

17  improvement to the system.

18         (c)  The steering committee shall direct the

19  administering agency of the Learning Gateway program to

20  procure the products delineated in section 2 through contracts

21  or other means.

22         (d)  The steering committee must include

23  representatives of the disciplines relevant to diagnosis of

24  and intervention in early learning problems. The Governor

25  shall appoint one member who has expertise in education, one

26  member who has expertise in speech and language pathology, one

27  member who has expertise in audiology, one member who is a

28  parent of a child eligible for services by the Learning

29  Gateway, and one member who is a provider of related

30  diagnostic and intervention services, one of whom shall be a

31  representative from the Broward County demonstration project.

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  1  The President of the Senate shall appoint one member who has

  2  expertise in pediatric psychiatry, one member who has

  3  expertise in pediatrics, one member who has expertise in child

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

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

  6  provider of related diagnostic and intervention services, one

  7  of whom shall be a representative from the Manatee County

  8  demonstration project. The Speaker of the House of

  9  Representatives shall appoint one member who has expertise in

10  genetics, one member who has expertise in occupational and

11  physical therapy, one member who has expertise in social work,

12  one member who is a parent of a child eligible for services by

13  the Learning Gateway, and one member who is a school

14  psychologist providing diagnostic and intervention services,

15  one of whom shall be a representative from the St. Lucie

16  County demonstration project.

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

18  steering committee must also include representatives from the

19  Department of Education, the Department of Health, the Florida

20  Partnership for School Readiness, the Department of Children

21  and Family Services, the Agency for Health Care

22  Administration, the Department of Juvenile Justice, and the

23  Department of Corrections and the director of the Learning

24  Development and Evaluation Center of Florida Agricultural and

25  Mechanical University.

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

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

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

29  chair one of the committee members listed in paragraph (d).

30         (3)  LEARNING GATEWAY DEMONSTRATION PROJECTS.--

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

  2  Learning Gateway Steering Committee shall accept proposals

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

  4  Counties which comprise public and private providers,

  5  community agencies, business representatives, and the local

  6  school board in each county to serve as demonstration sites

  7  for design and development of a system that addresses the

  8  requirements in section 2. Multicounty collaboration is

  9  encouraged where appropriate.

10         (b)  The proposals for demonstration projects must

11  provide a comprehensive and detailed description of the system

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

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

14  linkages of providers, and additional array of services

15  required to address the needs of the targeted children and

16  families.

17         (c)  The demonstration projects should ensure that the

18  system of care appropriately includes existing services to the

19  fullest extent possible and should determine additional

20  programs, services, and supports that are necessary to

21  implement the requirements of this act.

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

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

24  funded using existing funds, demonstration funds provided by

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

26         (e)  The demonstration projects shall recommend to the

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

28  the local planning bodies, including school readiness

29  coalitions, Healthy Start coalitions, Part C advisory

30  councils, Department of Children and Family Services community

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

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  1  focus on children from birth through age 9, to the extent

  2  allowed by federal regulations, if such changes would improve

  3  coordination and reduce unnecessary duplication of effort.

  4         (f)  Demonstration projects shall use public and

  5  private partnerships, partnerships with faith-based

  6  organizations, and volunteers, as appropriate, to enhance

  7  accomplishment of the goals of the system.

  8         (g)  Addressing system components delineated in section

  9  2, each demonstration project proposal must include, at a

10  minimum:

11         1.  A method for establishing communication,

12  coordination, and planning processes within the community.

13         2.  Action steps for making appropriate linkages to

14  existing services within the community.

15         3.  Procedures to determine gaps in services and

16  identify appropriate providers.

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

18         5.  Plans to provide additional direct service, if

19  necessary, with a limit of self-referrals.

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

21  or gateway.

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

23  Department of Education, demonstration projects,

24  representative of the diversity of the communities in this

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

26  Counties as local Learning Gateway sites and shall be

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

28  with private providers as needed to implement the project

29  within the budget designated by the Legislature.

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

31  conditionally approve a Learning Gateway proposal within 60

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

  2  conditionally approved, the steering committee must assist the

  3  Learning Gateway applicant to correct deficiencies in the

  4  proposal by December 1, 2002. Funds must be available to a

  5  demonstration project 15 days after final approval of its

  6  proposal by the steering committee. Funds must be available to

  7  all demonstration projects by January 1, 2003.

  8         Section 2.  Components of the Learning Gateway.--The

  9  Learning Gateway system consists of the following components:

10         (1)  COMMUNITY EDUCATION AND FAMILY-ORIENTED ACCESS

11  STRATEGIES.--

12         (a)  Each local demonstration project shall establish

13  an access point to provide the system access point, or

14  gateway, by which parents can receive information about

15  available appropriate services.  An existing public or private

16  agency or provider or new provider may serve as the system

17  gateway.  The local Learning Gateway should provide parents

18  and caretakers with a single point of access for screening,

19  assessment, and referral for services for children from birth

20  through age 9.  The demonstration projects have the budgetary

21  authority to hire appropriate personnel to perform the

22  required functions. These staff members must be knowledgeable

23  about child development, early identification of learning

24  problems and learning disabilities, family service planning,

25  and services in the local area.  If the following services are

26  not provided by existing service systems, the gateway provider

27  shall:

28         1.  Conduct intake with families.

29         2.  Conduct appropriate screening or refer for such

30  services.

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  1         3.  Conduct needs-based and strengths-based family

  2  assessment.

  3         4.  Develop family resource plans.

  4         5.  Make referrals for needed services and assist

  5  families in the application process.

  6         6.  Provide service coordination as needed by families.

  7         7.  Assist families in establishing a medical home.

  8         8.  Conduct case management and transition planning as

  9  necessary.

10         9.  Monitor performance of service providers against

11  appropriate standards.

12         (b)  The Learning Gateway Steering Committee and

13  demonstration projects shall designate a central information

14  and referral access phone number in each demonstration

15  community. This centralized phone number should be used to

16  increase public awareness and to improve access to local

17  supports and services for children from birth through age 9

18  and their families.  The number should be highly publicized as

19  the primary source of information on services for young

20  children.  The telephone staff should be trained and supported

21  to offer accurate and complete information and to make

22  appropriate referrals to existing public and private community

23  agencies.

24         (c)  In collaboration with local resources such as

25  Healthy Start, the demonstration projects shall develop

26  strategies for providing systematic hospital visits or home

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

28  Steering Committee shall provide technical assistance to local

29  demonstration projects in developing brochures and other

30  materials to be distributed to parents of newborns.

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  1         (d)  In collaboration with other local resources, the

  2  demonstration projects shall develop public awareness

  3  strategies to disseminate information about developmental

  4  milestones, precursors of learning problems and other

  5  developmental delays, and the service system that is

  6  available.  The information should target parents of children

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

  8  health care providers, and caregivers of children from birth

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

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

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

12  such as those presented by parent visits to physicians for

13  well-child checkups.  The Learning Gateway Steering Committee

14  shall provide technical assistance to the local demonstration

15  projects in developing and distributing educational materials

16  and information.

17         1.  Public awareness strategies targeting parents of

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

19  information to public and private preschool programs,

20  childcare providers, pediatricians, parents, and local

21  businesses and organizations. These strategies should include

22  information on the school readiness performance standards for

23  kindergarten adopted by the Florida Partnership for School

24  Readiness Board.

25         2.  Public awareness strategies targeting parents of

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

27  training materials and brochures to parents and public and

28  private school personnel, and must be coordinated with the

29  local school board and the appropriate school advisory

30  councils in the demonstration project areas.  The materials

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  1  should contain information on state and district proficiency

  2  levels for grades K-3.

  3         (2)  SCREENING AND DEVELOPMENTAL MONITORING.--

  4         (a)  In coordination with the Florida Partnership for

  5  School Readiness, the Department of Education, and the Florida

  6  Pediatric Society, and using information learned from the

  7  local demonstration projects, the Learning Gateway Steering

  8  Committee shall establish guidelines for screening children

  9  from birth through age 9.  The guidelines should incorporate

10  recent research on the indicators most likely to predict early

11  learning problems, mild developmental delays, child-specific

12  precursors of school failure, and other related developmental

13  indicators in the domains of cognition; communication;

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

15  sensory, and motor functioning.  The steering committee should

16  assist projects in developing and testing screening processes

17  to address social, emotional, and behavioral interactions

18  between the child and caregiver which could indicate future

19  problems or delays.

20         (b)  Based on the guidelines established by the

21  steering committee and in cooperation with the Florida

22  Pediatric Society, the steering committee shall adopt a

23  comprehensive checklist for child healthcare checkups and a

24  corresponding training package for physicians and other

25  medical personnel in implementing more effective screening for

26  precursors of learning problems, learning disabilities, and

27  mild developmental delays.

28         (c)  Using the screening guidelines developed by the

29  steering committee, local demonstration projects should engage

30  local physicians and other medical professionals in enhancing

31  the screening opportunities presented by immunization visits

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

  2  American Academy of Pediatrics Periodicity Schedule.

  3         (d)  Screening guidelines which require parental

  4  consent at all levels shall be established for initial

  5  contact, evaluation, and services. All procedures established

  6  must be consistent with applicable confidentiality

  7  requirements. The demonstration projects shall develop

  8  strategies to increase early identification of precursors to

  9  learning problems and learning disabilities through improved

10  screening and referral practices within public and private

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

12  school settings.  Strategies may include training and

13  technical assistance teams to assist program providers and

14  teachers. With parental consent, personnel should refer those

15  children who exhibit potential learning problems to the

16  appropriate community resource for further evaluation and

17  services.  The program shall collaborate appropriately with

18  the school readiness coalitions, local school boards, and

19  other community resources in arranging and providing training

20  and technical assistance for early identification and

21  screening.

22         (e)  The demonstration projects shall work with

23  appropriate local entities to reduce the duplication of

24  cross-agency screening in each demonstration project area.

25  Demonstration projects shall provide opportunities for public

26  and private providers of screening and assessment at each age

27  level to meet periodically to identify gaps or duplication of

28  efforts in screening practices.

29         (f)  Based on technical assistance and support provided

30  by the steering committee and in conjunction with the school

31  readiness coalitions and other appropriate entities,

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  1  demonstration projects shall develop a system to log the

  2  number of children screened, assessed, and referred for

  3  services.  After development and testing, tracking should be

  4  supported by a standard electronic data system for screening

  5  and assessment information.

  6         (g)  In conjunction with the technical assistance of

  7  the steering committee, demonstration projects shall develop a

  8  system for targeted screening.  The projects should conduct a

  9  needs assessment of existing programs and services where

10  targeted screening programs should be offered. Based on the

11  results of the needs assessment, procedures must be

12  established within the demonstration community to ensure that

13  periodic developmental screening is conducted for children

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

15  programs or whose parents or caregivers are in state

16  intervention programs. Intervention programs for children,

17  parents, and caregivers include those administered or funded

18  by the:

19         1.  Agency for Health Care Administration.

20         2.  Department of Children and Family Services.

21         3.  Department of Corrections and other criminal

22  justice programs.

23         4.  Department of Education.

24         5.  Department of Health.

25         6.  Department of Juvenile Justice.

26         (h)  When results of screening suggest developmental

27  problems, potential learning problems, or learning

28  disabilities, the intervention program shall refer the child

29  to the Learning Gateway for coordination of further

30  assessment. The Learning Gateway shall make referrals to the

31  appropriate entities within the service system.

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  1         (i)  The local Learning Gateway shall provide for

  2  followup contact to all families whose children have been

  3  found ineligible for services under Part B or Part C of the

  4  Individuals with Disabilities Education Act.

  5         (j)  Notwithstanding any law to the contrary, each

  6  agency identified in paragraph (g) is authorized to share with

  7  a Learning Gateway project confidential information exempt

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

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

10  screening within the jurisdiction of each agency.

11         (3)  EARLY EDUCATION, SERVICES, AND SUPPORTS.--

12         (a)  The demonstration projects shall develop a model

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

14  gaps in existing services.  Qualified providers of

15  family-based or center-based interventions or public or

16  private school personnel shall offer services in a manner

17  consistent with the standards established by their profession

18  and by the standards and criteria adopted by the steering

19  committee and consistent with effective and proven strategies.

20  The specific services and supports may include:

21         1.  High-quality early education and care programs.

22         2.  Assistance to parents and other caregivers, such as

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

24  provide peer interactions.

25         3.  Speech and language therapy that is age

26  appropriate.

27         4.  Parent education and training.

28         5.  Comprehensive medical screening and referral with

29  biomedical interventions as necessary.

30         6.  Referral as needed for family therapy, other mental

31  health services, and treatment programs.

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  1         7.  Family support services as necessary.

  2         8.  Therapy for learning differences in reading and

  3  mathematics, and attention to subject material for children in

  4  grades K-3.

  5         9.  Referral for Part B or Part C services as required.

  6         10.  Expanded access to community-based services for

  7  parents.

  8         11.  Parental choice in the provision of services by

  9  public and private providers.

10         (b)  Demonstration projects shall develop strategies to

11  increase the use of appropriate intervention practices with

12  children who have learning problems and learning disabilities

13  within public and private early care and education programs

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

15  include training and technical assistance teams.  Intervention

16  must be coordinated and must focus on providing effective

17  supports to children and their families within their regular

18  education and community environment.  These strategies must

19  incorporate, as appropriate, school and district activities

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

21  provide parents with greater access to community-based

22  services that should be available beyond the traditional

23  school day. Academic expectations for public school students

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

25  adopted proficiency levels.  When appropriate, school

26  personnel shall consult with the local Learning Gateway to

27  identify other community resources for supporting the child

28  and the family.

29         (c)  The steering committee, in conjunction with local

30  demonstration projects and local school boards, may develop a

31  plan for creating incentives for educators and parents or

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  1  caregivers to use appropriate practices for young children

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

  3  children who are at risk of learning problems and learning

  4  disabilities that may impede success in school. Incentives

  5  should be awarded based on the integration of instructional

  6  strategies, staffing ratios, staff training requirements,

  7  family involvement, and other specialized services and

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

  9  learners.

10         (d)  The steering committee shall work toward the goal

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

12  properly respond to children who have learning problems and

13  learning disabilities. In cooperation with the universities in

14  the state and the Department of Education, the steering

15  committee shall identify competencies required by

16  instructional personnel in addressing learning problems and

17  learning disabilities that may impede school success. These

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

19  preservice and inservice training programs for teachers and

20  personnel in public and private early care and education

21  programs, prekindergarten programs, and grades K-3. Each

22  teacher preparation program in the State University System

23  must require a minimum of 3 hours of credit in coursework in

24  normal child development and the disorders of development.

25         (e)  The steering committee shall work with the

26  Department of Education to ensure that certification and

27  recertification requirements prepare teachers to identify

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

29  effective instructional and behavioral strategies for speech

30  and language development, emerging literacy, and

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  1  developmentally appropriate practices and learning strategies

  2  for diverse learners.

  3         (f)  The steering committee, in cooperation with the

  4  Florida Partnership for School Readiness, shall identify the

  5  elements of an effective research-based curriculum for early

  6  care and education programs.

  7         (g)  The steering committee, in conjunction with the

  8  demonstration projects, shall develop processes for

  9  identifying and sharing promising practices and shall showcase

10  these programs and practices at a dissemination conference. As

11  funding is available, the steering committee may recommend

12  monetary awards to programs selected as "promising practices"

13  to be used for program enhancements. Processes for selecting

14  promising practices should include:

15         1.  Establishing criteria for selection, including

16  length of time in operation and evidence of effectiveness

17  (outcome data).

18         2.  Establishing a nomination process.

19         3.  Establishing a review panel and review process.

20         4.  Making the selection based on a written

21  description.

22         5.  Conducting a site visit.

23         6.  Completing the selections.

24         7.  Disseminating program descriptions.

25         (h)  The steering committee shall establish processes

26  for facilitating state and local providers' ready access to

27  information and training concerning effective instructional

28  and behavioral practices and interventions based on advances

29  in the field and for encouraging researchers to regularly

30  guide practitioners in designing and implementing

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

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  1  shall assist the demonstration projects in conducting periodic

  2  conferences to ensure the dissemination of information on best

  3  practices and new insights about early identification,

  4  education, and intervention for children from birth through

  5  age 9. Conferences should be established so that continuing

  6  education credits may be awarded to medical professionals,

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

  8         (i)  Demonstration projects shall investigate and may

  9  recommend to the steering committee more effective resource

10  allocation and flexible funding strategies such as central

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

12  children and families in the community.  The Department of

13  Education and other relevant agencies shall assist the

14  demonstration projects in securing state and federal waivers

15  as appropriate.  Effectiveness of interventions, such as

16  reduced referrals to special education, should not negatively

17  affect a school's or school district's budget.

18         Section 3.  Accountability.--

19         (1)  The steering committee shall assist the School

20  Readiness Program Estimating Conference and the enrollment

21  conference for public schools in developing estimates of the

22  population of children from birth through age 9 who are at

23  risk of learning problems and learning disabilities by

24  establishing cross-agency standards for data collection and

25  sharing.

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

27  demonstration projects and the State University System, shall

28  develop accountability mechanisms to ensure that the

29  demonstration projects are effective and that resources are

30  used as efficiently as possible. Accountability should be

31  addressed through a multilevel evaluation system, including

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  1  measurement of outcomes and operational indicators. Measurable

  2  outcomes must be developed to address improved family

  3  functioning, improved child development, improved child

  4  health, and success in school.  Indicators of system

  5  improvements must be developed to address quality of programs

  6  and integration of services. Agency monitoring of programs

  7  shall include a review of child and family outcomes and system

  8  effectiveness indicators with a specific focus on elimination

  9  of unnecessary duplication of planning, screening, and

10  services.

11         (3)  The steering committee, through the State

12  University System, shall oversee a formative evaluation of the

13  projects during implementation, including reporting short-term

14  outcomes and system improvements.  By January 2004, the

15  steering committee shall make recommendations to the Governor,

16  the President of the Senate, the Speaker of the House of

17  Representatives, and the Commissioner of Education related to

18  the merits of expansion of the demonstration projects.

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

20  statewide expansion of any component of the system which has

21  demonstrated effectiveness as documented by the formative

22  evaluation.

23         (5)  If statewide expansion of the comprehensive system

24  is recommended after the second year of the Learning Gateway

25  program, the steering committee, in conjunction with the

26  demonstration projects, shall develop state-level and

27  community-based strategic plans to formalize the goals,

28  objectives, strategies, and intended outcomes of the

29  comprehensive system, and to support the integration and

30  efficient delivery of all services and supports for children

31  from birth through age 9 who have learning problems or

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  1  learning disabilities. In conjunction with the demonstration

  2  projects, the steering committee shall develop a statewide

  3  strategic plan for implementing a model system statewide.

  4  Community-level strategic plans must include, but need not be

  5  limited to, strategies to:

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

  7  risk for learning problems and learning disabilities.

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

  9  within the child's natural environment or regular classroom

10  setting or specialized training in other settings.

11         (c)  Improve and coordinate screening for children from

12  birth through age 9.

13         (d)  Improve and coordinate services for children from

14  birth through age 9.

15         (e)  Address training of professionals in effectively

16  identifying factors, across all domains, which place children

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

18  appropriate interventions for the learning differences.

19         (f)  Provide appropriate support to families.

20         (g)  Share best practices with caregivers and referral

21  sources.

22         (h)  Address resource needs of the assessment and

23  intervention system.

24         (i)  Address development of implementation plans to

25  identify action steps, responsible parties, and implementation

26  schedules and to ensure appropriate alignment with agency

27  strategic plans.

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

29  228.093, Florida Statutes, is amended to read:

30

31

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  1         228.093  Pupil and student records and reports; rights

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

  3  penalty.--

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

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

  6  attends or has attended any public school, area

  7  vocational-technical training center, community college, or

  8  institution of higher education in the State University System

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

10  reports created, maintained, and used by any public

11  educational institution in the state.  However, whenever a

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

13  an institution of postsecondary education, the permission or

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

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

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

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

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

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

20  adopt, and promulgate rules whereby parents, guardians,

21  pupils, or students may exercise these rights:

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

23  have a right of privacy with respect to the educational

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

25  reports concerning of a pupil or student, and any personal

26  information contained therein, are confidential and exempt

27  from the provisions of s. 119.07(1).  No state or local

28  educational agency, board, public school, area technical

29  center, community college, or institution of higher education

30  in the State University System shall permit the release of

31  such records, reports, or information without the written

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  1  consent of the pupil's or student's parent or guardian, or of

  2  the pupil or student himself or herself if he or she is

  3  qualified as provided in this subsection, to any individual,

  4  agency, or organization. However, personally identifiable

  5  records or reports concerning of a pupil or student may be

  6  released to the following persons or organizations without the

  7  consent of the pupil or the pupil's parent:

  8         1.  Officials of schools, school systems, area

  9  technical centers, community colleges, or institutions of

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

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

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

13  request.

14         2.  Other school officials, including teachers within

15  the educational institution or agency, who have legitimate

16  educational interests in the information contained in the

17  records.

18         3.  The United States Secretary of Education, the

19  Director of the National Institute of Education, the Assistant

20  Secretary for Education, the Comptroller General of the United

21  States, or state or local educational authorities who are

22  authorized to receive such information subject to the

23  conditions set forth in applicable federal statutes and

24  regulations of the United States Department of Education, or

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

26  Education.

27         4.  Other school officials, in connection with a

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

29  aid.

30         5.  Individuals or organizations conducting studies for

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

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  1  purpose of developing, validating, or administering predictive

  2  tests, administering pupil or student aid programs, or

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

  4  manner as will not permit the personal identification of

  5  pupils or students and their parents by persons other than

  6  representatives of such organizations and if such information

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

  8  conducting such studies.

  9         6.  Accrediting organizations, in order to carry out

10  their accrediting functions.

11         7.  School readiness coalitions and the Florida

12  Partnership for School Readiness in order to carry out their

13  assigned duties.

14         8.  The Learning Gateway program and the Learning

15  Gateway Steering Committee in order to carry out their

16  assigned duties.

17         9.8.  For use as evidence in pupil or student expulsion

18  hearings conducted by a district school board pursuant to the

19  provisions of chapter 120.

20         10.9.  Appropriate parties in connection with an

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

22  student's educational records is necessary to protect the

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

24         11.10.  The Auditor General and the Office of Program

25  Policy Analysis and Government Accountability in connection

26  with their official functions; however, except when the

27  collection of personally identifiable information is

28  specifically authorized by law, any data collected by the

29  Auditor General and the Office of Program Policy Analysis and

30  Government Accountability is confidential and exempt from the

31  provisions of s. 119.07(1) and shall be protected in such a

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  1  way as will not permit the personal identification of students

  2  and their parents by other than the Auditor General, the

  3  Office of Program Policy Analysis and Government

  4  Accountability, and their staff, and such personally

  5  identifiable data shall be destroyed when no longer needed for

  6  the Auditor General's and the Office of Program Policy

  7  Analysis and Government Accountability's official use.

  8         12.11.a.  A court of competent jurisdiction in

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

10  record pursuant to a lawfully issued subpoena, upon the

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

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

13  advance of compliance therewith by the educational institution

14  or agency.

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

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

17  attorney of record pursuant to a lawfully issued subpoena,

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

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

20  attending an institution of postsecondary education or a

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

22  152 of the Internal Revenue Code of 1954), is notified of the

23  order or subpoena in advance of compliance therewith by the

24  educational institution or agency.

25         13.12.  Credit bureaus, in connection with an agreement

26  for financial aid which the student has executed, provided

27  that such information may be disclosed only to the extent

28  necessary to enforce the terms or conditions of the financial

29  aid agreement. Credit bureaus shall not release any

30  information obtained pursuant to this paragraph to any person.

31

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  1         14.13.  Parties to an interagency agreement among the

  2  Department of Juvenile Justice, school and law enforcement

  3  authorities, and other signatory agencies for the purpose of

  4  reducing juvenile crime and especially motor vehicle theft by

  5  promoting cooperation and collaboration, and the sharing of

  6  appropriate information in a joint effort to improve school

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

  8  suspensions, to support alternatives to in-school and

  9  out-of-school suspensions and expulsions that provide

10  structured and well-supervised educational programs

11  supplemented by a coordinated overlay of other appropriate

12  services designed to correct behaviors that lead to truancy,

13  suspensions, and expulsions, and which support students in

14  successfully completing their education.  Information provided

15  in furtherance of such interagency agreements is intended

16  solely for use in determining the appropriate programs and

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

18  coordinating the delivery of such programs and services, and

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

20  dispositional hearing unless written consent is provided by a

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

22  juvenile.

23

24  This paragraph does not prohibit any educational institution

25  from publishing and releasing to the general public directory

26  information relating to a pupil or student if the institution

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

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

29  not listed in subparagraphs 1.-14. 1.-13., directory

30  information relating to the student body in general or a

31  portion thereof unless it is normally published for the

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  1  purpose of release to the public in general.  Any educational

  2  institution making directory information public shall give

  3  public notice of the categories of information which it has

  4  designated as directory information with respect to all pupils

  5  or students attending the institution and shall allow a

  6  reasonable period of time after such notice has been given for

  7  a parent, guardian, pupil, or student to inform the

  8  institution in writing that any or all of the information

  9  designated should not be released.

10         Section 5.  The Legislature shall appropriate a sum of

11  money to fund the demonstration program and shall authorize

12  selected communities to blend funding from existing programs

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

14  is consistent with federal requirements.

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

16  law.

17

18            *****************************************

19                          HOUSE SUMMARY

20
      Authorizes a 3-year demonstration program to be called
21    Learning Gateway, which is intended to prevent and
      ameliorate learning problems and learning disabilities in
22    young children. Creates a steering committee. Provides
      for steering committee membership and for the appointment
23    of members. Establishes duties of the steering committee.
      Authorizes demonstration projects in three counties.
24    Authorizes designated agencies to share confidential
      information with Learning Gateway programs. Provides
25    access to student records by the Learning Gateway program
      and the Learning Gateway Steering Committee. Provides for
26    funding.

27

28

29

30

31

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