HB 1001 2003
   
1 A bill to be entitled
2          An act relating to students with disabilities; providing
3    for creation of an Interagency Cooperative Agreement for
4    the Transition of Students with Disabilities; providing
5    principles on which the agreement shall be based;
6    providing components of the agreement related to the
7    provision of state-of-the-art transition services for
8    students with disabilities; providing for an annual
9    report; providing an effective date.
10         
11          Be It Enacted by the Legislature of the State of Florida:
12         
13          Section 1. The following agencies shall join to create an
14    Interagency Cooperative Agreement for the Transition of Students
15    with Disabilities: the Department of Education representing the
16    Bureau of Instructional Support and Community Services, the
17    Division of Vocational Rehabilitation, the Division of Blind
18    Services, and the Office of Workforce and Economic Development;
19    the Department of Children and Family Services representing the
20    Developmental Disabilities Program Office and the Mental Health
21    Program Office; and the Department of Health representing
22    Children’s Medical Services. The agreement shall provide a
23    framework for a coordinated process and effort among the
24    specified agencies so that supports and services can be provided
25    to individuals with disabilities in an efficient manner that
26    enhances the pursuit of a vocation or gainful employment,
27    postsecondary opportunities, and the quality of life for each
28    participant.
29          (1) The cooperative agreement shall be based on the
30    following principles:
31          (a) Provision of supports and services must be based on
32    informed choice, valued community roles, community employment
33    opportunities, and awareness of the value that every person can
34    contribute to society and his or her community regardless of the
35    severity of the disability.
36          (b) Cooperation, collaboration, and communication will
37    lead to better coordinated supports and services for individuals
38    with disabilities.
39          (c) Clearly defined roles and responsibilities of each
40    agency that are reviewed and updated annually will lead to
41    increased communication, increased quality of programs, and
42    improved efficiency in the delivery of services for individuals
43    with disabilities.
44          (2) The cooperative agreement shall address, at a minimum,
45    the following related to the provision of state-of-the-art
46    transition services for students with disabilities:
47          (a) A unified plan for policy and budget development and
48    implementation at state and local levels.
49          (b) A unified plan for training and technical assistance
50    to local agencies concerning each agency’s eligibility, scope of
51    services, opportunities for collaboration, and best practices,
52    including the Department of Education self-determination IEP
53    initiative.
54          (c) Coordinated outreach and technical assistance to
55    families and students with disabilities concerning quality
56    transition planning, availability of services, and agencies’
57    eligibility requirements.
58          (d) Provision of assistive technology devices and services
59    and coordination of continuation and transfer of assistive
60    technology devices and services for transitioning students from
61    middle school to high school to postsecondary education, into
62    the community, or into gainful employment.
63          (e) Provision that assistive technology devices and
64    services shall be available to students during and after the
65    school day, for extended school year periods, for
66    extracurricular activities, and at home for homework and
67    activities of daily living and within the community, including,
68    but not limited to, recreational activities, periods during
69    which there is no structured school schedule, and employment.
70          (f) Provision for enforcement of the cooperative agreement
71    that will ensure successful implementation at the state and
72    local levels.
73          (g) Provision of education with timely and appropriate
74    services to students with disabilities in which the Department
75    of Education, the public school districts, and the public
76    schools comply with the Individuals with Disabilities Education
77    Act, 20 U.S.C. ss. 1401(30) and 1414 (d)(1)(A)(vii)(II), and the
78    Americans with Disabilities Act, Title II, C.F.R. ss. 35.104-
79    35.141.
80          (h) Provision of speech and/or language therapy if such
81    therapy is required for a student to benefit from special
82    education.
83          (i) Provision of occupational and/or physical therapy if
84    such therapy is required for a student to benefit from special
85    education.
86          (j) Provision that the determination of eligibility, need,
87    frequency, nature, or duration of therapy pursuant to paragraph
88    (h) or paragraph (i) may not be made by using cognitive ability
89    or developmental delay or disability as a disqualifier for such
90    services.
91          (3) The cooperative agreement shall be created and
92    submitted to the Governor, the President of the Senate, and the
93    Speaker of the House of Representatives by October 1, 2003. An
94    annual report from that day forward shall be submitted to the
95    Governor, the President of the Senate, and the Speaker of the
96    House of Representatives which will provide information on the
97    status of development and implementation of the agreement at the
98    state and local levels and an assessment of the impact on
99    students with disabilities including, but not limited to, trends
100    in the number of students accessing vocational rehabilitation
101    services; post-transition services on an individual longitudinal
102    data analysis focused upon gainful employment or postsecondary
103    settings; and examination of real and perceived barriers to
104    graduation with a standard diploma.
105          Section 2. This act shall take effect upon becoming a law.