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Senator Wise moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Paragraph (f) of subsection (10) of section

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1002.33, Florida Statutes, is amended to read:

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     1002.33  Charter schools.--

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     (10)  ELIGIBLE STUDENTS.--

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     (f) Students with disabilities handicapping conditions and

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students served in English for Speakers of Other Languages

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programs shall have an equal opportunity of being selected for

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enrollment in a charter school.

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     Section 2.  Subsection (1) of section 1002.39, Florida

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Statutes, is amended to read:

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     1002.39  The John M. McKay Scholarships for Students with

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Disabilities Program.--There is established a program that is

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separate and distinct from the Opportunity Scholarship Program

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and is named the John M. McKay Scholarships for Students with

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Disabilities Program.

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     (1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH

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DISABILITIES PROGRAM.--The John M. McKay Scholarships for

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Students with Disabilities Program is established to provide the

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option to attend a public school other than the one to which

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assigned, or to provide a scholarship to a private school of

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choice, for students with disabilities for whom an individual

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educational education plan has been written in accordance with

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rules of the State Board of Education. Students with disabilities

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include K-12 students who are documented as having an

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intellectual disability a mental handicap, including trainable,

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profound, or educable; a speech impairment; a or language

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impairment; a hearing impairment, including deafness; a visual

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impairment, including blindness; a dual sensory impairment; an

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orthopedic a physical impairment; an other health impairment; a

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serious emotional disturbance, including an emotional or

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behavioral disability handicap; a specific learning disability,

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including, but not limited to, dyslexia, dyscalculia, or

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developmental aphasia; a traumatic brain injury; a developmental

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delay; or autism spectrum disorder.

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

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1003.01, Florida Statutes, is amended to read:

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     1003.01  Definitions.--As used in this chapter, the term:

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     (3)(a)  "Exceptional student" means any student who has been

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determined eligible for a special program in accordance with

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rules of the State Board of Education. The term includes students

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who are gifted and students with disabilities who have an

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intellectual disability; autism spectrum disorder; a speech

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impairment; a language impairment; an orthopedic impairment; an

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other health impairment; traumatic brain injury; a visual

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impairment; an emotional or behavioral disability; or a specific

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learning disability, including, but not limited to, dyslexia,

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dyscalculia, or developmental aphasia; students who are deaf or

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hard of hearing or dual sensory impaired; students who are

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hospitalized or homebound; children with developmental delays are

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mentally handicapped, speech and language impaired, deaf or hard

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of hearing, visually impaired, dual sensory impaired, physically

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impaired, emotionally handicapped, specific learning disabled,

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hospital and homebound, autistic, developmentally delayed

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children, ages birth through 5 years, or children, ages birth

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through 2 years, with established conditions that are identified

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in State Board of Education rules pursuant to s. 1003.21(1)(e).

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     Section 4.  Paragraph (e) of subsection (1) of section

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1003.21, Florida Statutes, is amended to read:

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     1003.21  School attendance.--

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     (1)

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     (e)  Consistent with rules adopted by the State Board of

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Education, children with disabilities who have attained the age

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of 3 years shall be eligible for admission to public special

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education programs and for related services under rules adopted

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by the district school board. Exceptional Children with

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disabilities younger than 3 years of age who are deaf or hard of

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hearing;, visually impaired;, dual sensory impaired;

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orthopedically impaired; other health impaired; who have

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experienced traumatic brain injury;, severely physically

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handicapped, trainable mentally handicapped, or profoundly

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handicapped, or who have autism spectrum disorder; established

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conditions, or who exhibit developmental delays or intellectual

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disabilities, below age 3 may be eligible for special programs

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and may receive services in accordance with rules of the State

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Board of Education; or, if enrolled in other school readiness

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programs, they may be eligible for supplemental instruction.

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Rules for the identification of established conditions for

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children birth through 2 years of age and developmental delays

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for children birth through 5 years of age must be adopted by the

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State Board of Education.

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     Section 5.  Section 1003.438, Florida Statutes, is amended

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to read:

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     1003.438  Special high school graduation requirements for

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certain exceptional students.--A student who has been identified

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properly classified, in accordance with rules established by the

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State Board of Education, as a student with disabilities who has

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an intellectual disability; an autism spectrum disorder; a

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language impairment; an orthopedic impairment; an other health

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impairment; a traumatic brain injury; an emotional or behavioral

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disability; a specific learning disability, including, but not

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limited to, dyslexia, dyscalculia, or developmental aphasia; or

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students who are deaf or hard of hearing or dual sensory impaired

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"educable mentally handicapped," "trainable mentally

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handicapped," "hearing impaired," "specific learning disabled,"

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"physically or language impaired," or "emotionally handicapped"

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shall not be required to meet all requirements of s. 1003.43 or

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s. 1003.428 and shall, upon meeting all applicable requirements

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prescribed by the district school board pursuant to s. 1008.25,

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be awarded a special diploma in a form prescribed by the

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commissioner; however, such special graduation requirements

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prescribed by the district school board must include minimum

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graduation requirements as prescribed by the commissioner. Any

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such student who meets all special requirements of the district

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school board for exceptionality, but is unable to meet the

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appropriate special state minimum requirements, shall be awarded

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a special certificate of completion in a form prescribed by the

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commissioner. A student who has been properly classified as

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"profoundly handicapped" and who meets the special requirements

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of the district school board for a special diploma in accordance

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with requirements for any exceptional student identified in this

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section shall be awarded a special diploma; however, such a

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student shall alternatively be eligible for a special certificate

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of completion, in a form prescribed by the commissioner, if all

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school requirements for students who are "profoundly handicapped"

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have been met. However, this section does not limit or restrict

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the right of an exceptional student solely to a special diploma

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or special certificate of completion. Any such student shall,

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upon proper request, be afforded the opportunity to fully meet

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all requirements of s. 1003.43 or s. 1003.428 through the

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standard procedures established therein and thereby to qualify

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for a standard diploma upon graduation.

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     Section 6.  Subsection (4) of section 1004.55, Florida

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Statutes, is amended to read:

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     1004.55  Regional autism centers.--

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     (4)(a) Each center shall provide:

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     (a)1. A staff that has expertise in autism and autistic-

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like behaviors and in sensory impairments.

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     (b)2. Individual and direct family assistance in the home,

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community, and school. A center's assistance should not supplant

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other responsibilities of state and local agencies, and each

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school district is responsible for providing an appropriate

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education program for clients of a center who are school age.

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     (c)3. Technical assistance and consultation services,

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including specific intervention and assistance for a client of

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the center, the client's family, and the school district, and any

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other services that are appropriate.

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     (d)4. Professional training programs that include

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developing, providing, and evaluating preservice and inservice

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training in state-of-the-art practices for personnel who work

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with the populations served by the centers and their families.

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     (e)5. Public education programs to increase awareness of

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the public about autism, autistic-related disabilities of

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communication and behavior, dual sensory impairments, and sensory

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impairments with other handicapping conditions.

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     (b) Direct medical intervention or pharmaceutical

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intervention is prohibited in any center on or after July 1,

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2008.

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     Section 7.  Subsection (2) of section 1007.02, Florida

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Statutes, is amended to read:

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     1007.02  Access to postsecondary education and meaningful

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careers for students with disabilities; popular name;

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definition.--

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     (2)  For the purposes of this act, the term "student with a

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disability" means any student who is documented as having an

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intellectual disability mental retardation; a hearing impairment,

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including deafness; a speech or language impairment; a visual

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impairment, including blindness; an emotional or behavioral

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disability a serious emotional disturbance, including an

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emotional handicap; an orthopedic or other health impairment; an

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autism spectrum disorder; a traumatic brain injury; or a specific

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learning disability, including, but not limited to, dyslexia,

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dyscalculia, or developmental aphasia.

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     Section 8.  Section 1007.264, Florida Statutes, is amended

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to read:

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     1007.264 Persons with disabilities Impaired and learning

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disabled persons; admission to postsecondary educational

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institutions; substitute requirements; rules.--

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     (1)  Any student with a disability, as defined in s.

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1007.02(2), except those students who have been documented as

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having intellectual disabilities mental retardation, shall be

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eligible for reasonable substitution for any requirement for

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admission into a public postsecondary educational institution

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where documentation can be provided that the person's failure to

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meet the admission requirement is related to the disability.

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     (2)  The State Board of Education, in consultation with the

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Board of Governors, shall adopt rules to implement this section

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for community colleges and shall develop substitute admission

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requirements where appropriate.

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     (3)  The Board of Governors, in consultation with the State

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Board of Education, shall adopt rules to implement this section

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for state universities and shall develop substitute admission

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requirements where appropriate.

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     Section 9.  Section 1007.265, Florida Statutes, is amended

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to read:

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     1007.265 Persons with disabilities Impaired and learning

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disabled persons; graduation, study program admission, and upper-

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division entry; substitute requirements; rules.--

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     (1)  Any student with a disability, as defined in s.

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1007.02(2), in a public postsecondary educational institution,

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except those students who have been documented as having

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intellectual disabilities mental retardation, shall be eligible

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for reasonable substitution for any requirement for graduation,

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for admission into a program of study, or for entry into the

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upper division where documentation can be provided that the

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person's failure to meet the requirement is related to the

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disability and where failure to meet the graduation requirement

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or program admission requirement does not constitute a

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fundamental alteration in the nature of the program.

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     (2)  The State Board of Education, in consultation with the

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Board of Governors, shall adopt rules to implement this section

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for community colleges and shall develop substitute requirements

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where appropriate.

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     (3)  The Board of Governors, in consultation with the State

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Board of Education, shall adopt rules to implement this section

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for state universities and shall develop substitute requirements

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where appropriate.

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     Section 10.  This act shall take effect July 1, 2008.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to students with disabilities; amending

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ss. 1002.33, 1002.39, 1003.01, and 1003.438, F.S.,

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relating to charter schools, the John M. McKay

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Scholarships for Students with Disabilities Program,

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definitions, and special high school graduation

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requirements; revising the terminology used to identify

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students with certain disabilities; amending s.

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1003.21, F.S., relating to school attendance; revising

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the terminology used to identify students with certain

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disabilities; authorizing the State Board of Education

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to adopt rules relating to the eligibility of certain

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children with disabilities for admission to special

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programs and related services; removing the authority

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of district school boards to adopt such rules; amending

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s. 1004.55, F.S.; deleting a provision that prohibits

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direct medical intervention or pharmaceutical

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intervention in a regional autism center; amending ss.

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1007.02, 1007.264, and 1007.265, F.S., relating to

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postsecondary education; revising the terminology used

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to identify students with intellectual, emotional, or

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behavioral disabilities; providing an effective date.

4/25/2008  4:43:00 PM     5-08773-08