CS/HB 1313

1	A bill to be entitled
2	An act relating to students with disabilities; amending
3	ss. 1002.33, 1002.39, 1003.01, and 1003.438, F.S.,
4	relating to charter schools, the John M. McKay
5	Scholarships for Students with Disabilities Program,
6	definitions, and special high school graduation
7	requirements; revising the terminology used to identify
8	students with certain disabilities; amending s. 1003.21,
9	F.S., relating to school attendance; revising the
10	terminology used to identify students with certain
11	disabilities; authorizing the State Board of Education to
12	adopt rules relating to the eligibility of certain
13	children with disabilities for admission to special
14	programs and related services; removing the authority of
15	district school boards to adopt such rules; amending s.
16	1004.55, F.S.; deleting a provision that prohibits direct
17	medical intervention or pharmaceutical intervention in a
18	regional autism center; amending ss. 1007.02, 1007.264,
19	and 1007.265, F.S., relating to postsecondary education;
20	revising the terminology used to identify students with
21	intellectual, emotional, or behavioral disabilities;
22	providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Paragraph (f) of subsection (10) of section
27	1002.33, Florida Statutes, is amended to read:
28	1002.33  Charter schools.--
29	(10)  ELIGIBLE STUDENTS.--
30	(f)  Students with disabilities handicapping conditions and
31	students served in English for Speakers of Other Languages
32	programs shall have an equal opportunity of being selected for
33	enrollment in a charter school.
34	Section 2.  Subsection (1) of section 1002.39, Florida
35	Statutes, is amended to read:
36	1002.39  The John M. McKay Scholarships for Students with
37	Disabilities Program.--There is established a program that is
38	separate and distinct from the Opportunity Scholarship Program
39	and is named the John M. McKay Scholarships for Students with
40	Disabilities Program.
41	(1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
42	DISABILITIES PROGRAM.--The John M. McKay Scholarships for
43	Students with Disabilities Program is established to provide the
44	option to attend a public school other than the one to which
45	assigned, or to provide a scholarship to a private school of
46	choice, for students with disabilities for whom an individual
47	educational education plan has been written in accordance with
48	rules of the State Board of Education. Students with
49	disabilities include K-12 students who are documented as having
50	an intellectual disability a mental handicap, including
51	trainable, profound, or educable; a speech impairment; a or
52	language impairment; a hearing impairment, including deafness; a
53	visual impairment, including blindness; a dual sensory
54	impairment; an orthopedic a physical impairment; an other health
55	impairment; a serious emotional disturbance, including an
56	emotional or behavioral disability handicap; a specific learning
57	disability, including, but not limited to, dyslexia,
58	dyscalculia, or developmental aphasia; a traumatic brain injury;
59	a developmental delay; or autism spectrum disorder.
60	Section 3.  Paragraph (a) of subsection (3) of section
61	1003.01, Florida Statutes, is amended to read:
62	1003.01  Definitions.--As used in this chapter, the term:
63	(3)(a)  "Exceptional student" means any student who has
64	been determined eligible for a special program in accordance
65	with rules of the State Board of Education. The term includes
66	students who are gifted and students with disabilities who have
67	an intellectual disability; autism spectrum disorder; a speech
68	impairment; a language impairment; an orthopedic impairment; an
69	other health impairment; traumatic brain injury; a visual
70	impairment; an emotional or behavioral disability; or a specific
71	learning disability, including, but not limited to, dyslexia,
72	dyscalculia, or developmental aphasia; students who are deaf or
73	hard of hearing or dual sensory impaired; students who are
74	hospitalized or homebound; children with developmental delays
75	are mentally handicapped, speech and language impaired, deaf or
76	hard of hearing, visually impaired, dual sensory impaired,
77	physically impaired, emotionally handicapped, specific learning
78	disabled, hospital and homebound, autistic, developmentally
79	delayed children, ages birth through 5 years, or children, ages
80	birth through 2 years, with established conditions that are
81	identified in State Board of Education rules pursuant to s.
82	1003.21(1)(e).
83	Section 4.  Paragraph (e) of subsection (1) of section
84	1003.21, Florida Statutes, is amended to read:
85	1003.21  School attendance.--
86	(1)
87	(e)  Consistent with rules adopted by the State Board of
88	Education, children with disabilities who have attained the age
89	of 3 years shall be eligible for admission to public special
90	education programs and for related services under rules adopted
91	by the district school board. Exceptional Children with
92	disabilities younger than 3 years of age who are deaf or hard of
93	hearing;, visually impaired;, dual sensory impaired;
94	orthopedically impaired; other health impaired; who have
95	experienced traumatic brain injury;, severely physically
96	handicapped, trainable mentally handicapped, or profoundly
97	handicapped, or who have autism spectrum disorder; established
98	conditions, or who exhibit developmental delays or intellectual
99	disabilities, below age 3 may be eligible for special programs
100	and may receive services in accordance with rules of the State
101	Board of Education; or, if enrolled in other school readiness
102	programs, they may be eligible for supplemental instruction.
103	Rules for the identification of established conditions for
104	children birth through 2 years of age and developmental delays
105	for children birth through 5 years of age must be adopted by the
106	State Board of Education.
107	Section 5.  Section 1003.438, Florida Statutes, is amended
108	to read:
109	1003.438  Special high school graduation requirements for
110	certain exceptional students.--A student who has been identified
111	properly classified, in accordance with rules established by the
112	State Board of Education, as a student with disabilities who has
113	an intellectual disability; an autism spectrum disorder; a
114	language impairment; an orthopedic impairment; an other health
115	impairment; a traumatic brain injury; an emotional or behavioral
116	disability; a specific learning disability, including, but not
117	limited to, dyslexia, dyscalculia, or developmental aphasia; or
118	students who are deaf or hard of hearing or dual sensory
119	impaired "educable mentally handicapped," "trainable mentally
120	handicapped," "hearing impaired," "specific learning disabled,"
121	"physically or language impaired," or "emotionally handicapped"
122	shall not be required to meet all requirements of s. 1003.43 or
123	s. 1003.428 and shall, upon meeting all applicable requirements
124	prescribed by the district school board pursuant to s. 1008.25,
125	be awarded a special diploma in a form prescribed by the
126	commissioner; however, such special graduation requirements
127	prescribed by the district school board must include minimum
128	graduation requirements as prescribed by the commissioner. Any
129	such student who meets all special requirements of the district
130	school board for exceptionality, but is unable to meet the
131	appropriate special state minimum requirements, shall be awarded
132	a special certificate of completion in a form prescribed by the
133	commissioner. A student who has been properly classified as
134	"profoundly handicapped" and who meets the special requirements
135	of the district school board for a special diploma in accordance
136	with requirements for any exceptional student identified in this
137	section shall be awarded a special diploma; however, such a
138	student shall alternatively be eligible for a special
139	certificate of completion, in a form prescribed by the
140	commissioner, if all school requirements for students who are
141	"profoundly handicapped" have been met. However, this section
142	does not limit or restrict the right of an exceptional student
143	solely to a special diploma or special certificate of
144	completion. Any such student shall, upon proper request, be
145	afforded the opportunity to fully meet all requirements of s.
146	1003.43 or s. 1003.428 through the standard procedures
147	established therein and thereby to qualify for a standard
148	diploma upon graduation.
149	Section 6.  Subsection (4) of section 1004.55, Florida
150	Statutes, is amended to read:
151	1004.55  Regional autism centers.--
152	(4)(a)  Each center shall provide:
153	(a)1.  A staff that has expertise in autism and autistic-
154	like behaviors and in sensory impairments.
155	(b)2.  Individual and direct family assistance in the home,
156	community, and school. A center's assistance should not supplant
157	other responsibilities of state and local agencies, and each
158	school district is responsible for providing an appropriate
159	education program for clients of a center who are school age.
160	(c)3.  Technical assistance and consultation services,
161	including specific intervention and assistance for a client of
162	the center, the client's family, and the school district, and
163	any other services that are appropriate.
164	(d)4.  Professional training programs that include
165	developing, providing, and evaluating preservice and inservice
166	training in state-of-the-art practices for personnel who work
167	with the populations served by the centers and their families.
168	(e)5.  Public education programs to increase awareness of
169	the public about autism, autistic-related disabilities of
170	communication and behavior, dual sensory impairments, and
171	sensory impairments with other handicapping conditions.
172	(b)  Direct medical intervention or pharmaceutical
173	intervention is prohibited in any center on or after July 1,
174	2008.
175	Section 7.  Subsection (2) of section 1007.02, Florida
176	Statutes, is amended to read:
177	1007.02  Access to postsecondary education and meaningful
178	careers for students with disabilities; popular name;
179	definition.--
180	(2)  For the purposes of this act, the term "student with a
181	disability" means any student who is documented as having an
182	intellectual disability mental retardation; a hearing
183	impairment, including deafness; a speech or language impairment;
184	a visual impairment, including blindness; an emotional or
185	behavioral disability a serious emotional disturbance, including
186	an emotional handicap; an orthopedic or other health impairment;
187	an autism spectrum disorder; a traumatic brain injury; or a
188	specific learning disability, including, but not limited to,
189	dyslexia, dyscalculia, or developmental aphasia.
190	Section 8.  Section 1007.264, Florida Statutes, is amended
191	to read:
192	1007.264  Persons with disabilities Impaired and learning
193	disabled persons; admission to postsecondary educational
194	institutions; substitute requirements; rules.--
195	(1)  Any student with a disability, as defined in s.
196	1007.02(2), except those students who have been documented as
197	having intellectual disabilities mental retardation, shall be
198	eligible for reasonable substitution for any requirement for
199	admission into a public postsecondary educational institution
200	where documentation can be provided that the person's failure to
201	meet the admission requirement is related to the disability.
202	(2)  The State Board of Education, in consultation with the
203	Board of Governors, shall adopt rules to implement this section
204	for community colleges and shall develop substitute admission
205	requirements where appropriate.
206	(3)  The Board of Governors, in consultation with the State
207	Board of Education, shall adopt rules to implement this section
208	for state universities and shall develop substitute admission
209	requirements where appropriate.
210	Section 9.  Section 1007.265, Florida Statutes, is amended
211	to read:
212	1007.265  Persons with disabilities Impaired and learning
213	disabled persons; graduation, study program admission, and
214	upper-division entry; substitute requirements; rules.--
215	(1)  Any student with a disability, as defined in s.
216	1007.02(2), in a public postsecondary educational institution,
217	except those students who have been documented as having
218	intellectual disabilities mental retardation, shall be eligible
219	for reasonable substitution for any requirement for graduation,
220	for admission into a program of study, or for entry into the
221	upper division where documentation can be provided that the
222	person's failure to meet the requirement is related to the
223	disability and where failure to meet the graduation requirement
224	or program admission requirement does not constitute a
225	fundamental alteration in the nature of the program.
226	(2)  The State Board of Education, in consultation with the
227	Board of Governors, shall adopt rules to implement this section
228	for community colleges and shall develop substitute requirements
229	where appropriate.
230	(3)  The Board of Governors, in consultation with the State
231	Board of Education, shall adopt rules to implement this section
232	for state universities and shall develop substitute requirements
233	where appropriate.
234	Section 10.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.