| 1 | Representative Gardiner offered the following: |
| 2 |
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| 3 | Amendment to Amendment (171333) (with title amendment) |
| 4 | Remove line 808 and insert: |
| 5 | Section 15. Subsections (1), (2), and (3), paragraph (a) |
| 6 | of subsection (4), paragraph (d) of subsection (8), and |
| 7 | paragraphs (a), (c), and (d) of subsection (10) of section |
| 8 | 1002.39, Florida Statutes, are amended, subsections (11), (12), |
| 9 | and (13) are renumbered as subsections (13), (14), and (15), |
| 10 | respectively, and new subsections (11) and (12) are added to |
| 11 | that section, to read: |
| 12 | 1002.39 The John M. McKay Scholarships for Students with |
| 13 | Disabilities Program.--There is established a program that is |
| 14 | separate and distinct from the Opportunity Scholarship Program |
| 15 | and is named the John M. McKay Scholarships for Students with |
| 16 | Disabilities Program. |
| 17 | (1) THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH |
| 18 | DISABILITIES PROGRAM.--The John M. McKay Scholarships for |
| 19 | Students with Disabilities Program is established to provide the |
| 20 | option to attend a public school other than the one to which |
| 21 | assigned, or to provide a scholarship to a private school of |
| 22 | choice, for students with disabilities for whom an individual |
| 23 | educational education plan has been written in accordance with |
| 24 | rules of the State Board of Education. Students with |
| 25 | disabilities include K-12 students who are documented as having |
| 26 | an intellectual disability a mental handicap, including |
| 27 | trainable, profound, or educable; a speech impairment; a or |
| 28 | language impairment; a hearing impairment, including deafness; a |
| 29 | visual impairment, including blindness; a dual sensory |
| 30 | impairment; an orthopedic a physical impairment or other health |
| 31 | impairment; a serious emotional disturbance, including an |
| 32 | emotional or behavioral disability handicap; a specific learning |
| 33 | disability, including, but not limited to, dyslexia, |
| 34 | dyscalculia, or developmental aphasia; a traumatic brain injury; |
| 35 | a developmental delay; or autism spectrum disorder. |
| 36 | (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.--The parent of |
| 37 | a public school student with a disability who is dissatisfied |
| 38 | with the student's progress may request and receive from the |
| 39 | state a John M. McKay Scholarship for the child to enroll in and |
| 40 | attend a private school in accordance with this section if: |
| 41 | (a) The student has either: |
| 42 | 1. Received early intervention services under the |
| 43 | Voluntary Prekindergarten Education Program pursuant to s. |
| 44 | 1002.66 during the previous school year; or |
| 45 | 2. Spent the prior school year in attendance at a Florida |
| 46 | public school or the Florida School for the Deaf and the Blind. |
| 47 | For purposes of this subparagraph, prior school year in |
| 48 | attendance means that the student was: |
| 49 | 1. enrolled and reported by: |
| 50 | a. A school district for funding during the preceding |
| 51 | October and February Florida Education Finance Program surveys |
| 52 | in kindergarten through grade 12, which shall include time spent |
| 53 | in a Department of Juvenile Justice commitment program if funded |
| 54 | under the Florida Education Finance Program; |
| 55 | b.2. Enrolled and reported by The Florida School for the |
| 56 | Deaf and the Blind during the preceding October and February |
| 57 | student membership surveys in kindergarten through grade 12; or |
| 58 | c.3. Enrolled and reported by A school district for |
| 59 | funding during the preceding October and February Florida |
| 60 | Education Finance Program surveys, was at least 4 years old when |
| 61 | so enrolled and reported, and was eligible for services under s. |
| 62 | 1003.21(1)(e). |
| 63 |
|
| 64 | However, a dependent child of a member of the United States |
| 65 | Armed Forces who transfers to a school in this state from out of |
| 66 | state or from a foreign country pursuant to a parent's permanent |
| 67 | change of station orders is exempt from this paragraph but must |
| 68 | meet all other eligibility requirements to participate in the |
| 69 | program. |
| 70 | (b) The parent has obtained acceptance for admission of |
| 71 | the student to a private school that is eligible for the program |
| 72 | under subsection (8) and has requested from the department a |
| 73 | scholarship at least 60 days prior to the date of the first |
| 74 | scholarship payment. The request must be through a communication |
| 75 | directly to the department in a manner that creates a written or |
| 76 | electronic record of the request and the date of receipt of the |
| 77 | request. The Department of Education must notify the district of |
| 78 | the parent's intent upon receipt of the parent's request. |
| 79 | (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.--A student is |
| 80 | not eligible for a John M. McKay Scholarship while he or she is: |
| 81 | (a) Enrolled in a school operating for the purpose of |
| 82 | providing educational services to youth in Department of |
| 83 | Juvenile Justice commitment programs; |
| 84 | (b) Receiving a corporate income tax credit scholarship |
| 85 | under s. 220.187; |
| 86 | (c) Receiving an educational scholarship pursuant to this |
| 87 | chapter; |
| 88 | (d) Participating in a home education program as defined |
| 89 | in s. 1002.01(1); |
| 90 | (e) Participating in a private tutoring program pursuant |
| 91 | to s. 1002.43; |
| 92 | (f) Participating in a virtual school, correspondence |
| 93 | school, or distance learning program that receives state funding |
| 94 | pursuant to the student's participation unless the participation |
| 95 | is limited to no more than two courses per school year; |
| 96 | (g) Enrolled in the Florida School for the Deaf and the |
| 97 | Blind; or |
| 98 | (h) Not having regular and direct contact with his or her |
| 99 | private school teachers at the school's physical location, |
| 100 | except as provided in subsection (11). |
| 101 | (4) TERM OF JOHN M. MCKAY SCHOLARSHIP.-- |
| 102 | (a) For purposes of continuity of educational choice, a |
| 103 | John M. McKay Scholarship shall remain in force until the |
| 104 | student enrolls in returns to a public school, graduates from |
| 105 | high school, or reaches the age of 22, whichever occurs first. |
| 106 | (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be |
| 107 | eligible to participate in the John M. McKay Scholarships for |
| 108 | Students with Disabilities Program, a private school may be |
| 109 | sectarian or nonsectarian and must: |
| 110 | (d) Maintain in this state a physical location where a |
| 111 | scholarship student regularly attends classes or where it |
| 112 | provides case management services under subsection (11). |
| 113 |
|
| 114 | The inability of a private school to meet the requirements of |
| 115 | this subsection shall constitute a basis for the ineligibility |
| 116 | of the private school to participate in the scholarship program |
| 117 | as determined by the department. |
| 118 | (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.-- |
| 119 | (a)1. The maximum scholarship granted for an eligible |
| 120 | student with disabilities shall be a calculated amount |
| 121 | equivalent to the base student allocation in the Florida |
| 122 | Education Finance Program multiplied by the appropriate cost |
| 123 | factor for the educational program that would have been provided |
| 124 | for the student in the district school to which he or she was |
| 125 | assigned, multiplied by the district cost differential. |
| 126 | 2. In addition, a share of the guaranteed allocation for |
| 127 | exceptional students shall be determined and added to the |
| 128 | calculated amount. The calculation shall be based on the |
| 129 | methodology and the data used to calculate the guaranteed |
| 130 | allocation for exceptional students for each district in chapter |
| 131 | 2000-166, Laws of Florida. Except as provided in subparagraphs |
| 132 | 3. and 4., the calculation shall be based on the student's |
| 133 | grade, matrix level of services, and the difference between the |
| 134 | 2000-2001 basic program and the appropriate level of services |
| 135 | cost factor, multiplied by the 2000-2001 base student allocation |
| 136 | and the 2000-2001 district cost differential for the sending |
| 137 | district. Also, the calculated amount shall include the per- |
| 138 | student share of supplemental academic instruction funds, |
| 139 | instructional materials funds, technology funds, and other |
| 140 | categorical funds as provided for such purposes in the General |
| 141 | Appropriations Act. |
| 142 | 3. The calculated scholarship amount for a student who is |
| 143 | eligible under sub-subparagraph (2)(a)2.b. subparagraph (2)(a)2. |
| 144 | shall be calculated as provided in subparagraphs 1. and 2. |
| 145 | However, the calculation shall be based on the school district |
| 146 | in which the parent resides at the time of the scholarship |
| 147 | request. |
| 148 | 4. Until the school district completes the matrix required |
| 149 | by paragraph (5)(b), the calculation shall be based on the |
| 150 | matrix that assigns the student to support level I of service as |
| 151 | it existed prior to the 2000-2001 school year. When the school |
| 152 | district completes the matrix, the amount of the payment shall |
| 153 | be adjusted as needed. |
| 154 | (c)1. The school district shall report all students who |
| 155 | are attending a private school under this program. The students |
| 156 | with disabilities attending private schools on John M. McKay |
| 157 | Scholarships shall be reported separately from other students |
| 158 | reported for purposes of the Florida Education Finance Program. |
| 159 | 2. For program participants who are eligible under sub- |
| 160 | subparagraph (2)(a)2.b. subparagraph (2)(a)2., the school |
| 161 | district that is used as the basis for the calculation of the |
| 162 | scholarship amount as provided in subparagraph (a)3. shall: |
| 163 | a. Report to the department all such students who are |
| 164 | attending a private school under this program. |
| 165 | b. Be held harmless for such students from the weighted |
| 166 | enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.a. |
| 167 | during the first school year in which the students are reported. |
| 168 | (d) Following notification on July 1, September 1, |
| 169 | December 1, or February 1 of the number of program participants, |
| 170 | the department shall transfer, from General Revenue funds only, |
| 171 | the amount calculated under paragraph (b) from the school |
| 172 | district's total funding entitlement under the Florida Education |
| 173 | Finance Program and from authorized categorical accounts to a |
| 174 | separate account for the scholarship program for quarterly |
| 175 | disbursement to the parents of participating students. Funds may |
| 176 | not be transferred from any funding provided to the Florida |
| 177 | School for the Deaf and the Blind for program participants who |
| 178 | are eligible under sub-subparagraph (2)(a)2.b. subparagraph |
| 179 | (2)(a)2. For a student exiting a Department of Juvenile Justice |
| 180 | commitment program who chooses to participate in the scholarship |
| 181 | program, the amount of the John M. McKay Scholarship calculated |
| 182 | pursuant to paragraph (b) shall be transferred from the school |
| 183 | district in which the student last attended a public school |
| 184 | prior to commitment to the Department of Juvenile Justice. When |
| 185 | a student enters the scholarship program, the department must |
| 186 | receive all documentation required for the student's |
| 187 | participation, including the private school's and student's fee |
| 188 | schedules, at least 30 days before the first quarterly |
| 189 | scholarship payment is made for the student. |
| 190 | (11) ALTERNATIVE SITES FOR INSTRUCTION AND SERVICES.--A |
| 191 | student eligible for a scholarship under this section may |
| 192 | receive regular and direct instruction and services from a |
| 193 | private school at a site other than the school's physical |
| 194 | location if the following criteria are met: |
| 195 | (a) The student's parent provides a notarized statement |
| 196 | from the medical doctor or psychologist treating the student's |
| 197 | disability which certifies that the student's welfare or the |
| 198 | welfare of other students in the classroom will be jeopardized |
| 199 | if the student is required to regularly attend class at the |
| 200 | school's physical location. Such notarized statement must be: |
| 201 | 1. Annually provided to the department at least 60 days |
| 202 | prior to the date of the first scholarship payment for each |
| 203 | school year. |
| 204 | 2. Based on an annual review of the student's disability |
| 205 | by the student's medical doctor or psychologist. |
| 206 | (b) The private school serving the student: |
| 207 | 1. Employs or contracts with a case manager who |
| 208 | coordinates and monitors the student's instruction and services, |
| 209 | reviews and maintains the documentation submitted under |
| 210 | subparagraph 2., and provides the student's parent and private |
| 211 | school with monthly reports on the student's progress. |
| 212 | 2. Requires private school employees or contracted |
| 213 | personnel who provide regular and direct instruction or services |
| 214 | to a student at a site other than the private school's physical |
| 215 | location to submit to the case manager documentation of the |
| 216 | instruction, services, and progress of the student. |
| 217 | 3. Notifies the department of each student subject to this |
| 218 | subsection. |
| 219 | (12) RETROACTIVE SCHOLARSHIP ELIGIBILITY.--A student who |
| 220 | received a scholarship under this section in the 2005-2006 |
| 221 | school year, but who was unable to receive a scholarship in the |
| 222 | 2006-2007 school year due to the regular and direct contact |
| 223 | requirement in paragraph (3)(h), is eligible for a scholarship |
| 224 | in the 2008-2009 school year if the student: |
| 225 | (a) Demonstrates that he or she would have met the |
| 226 | criteria of paragraph (11)(a) at the time of his or her 2006- |
| 227 | 2007 scholarship. |
| 228 | (b) Satisfies the requirements for a scholarship under |
| 229 | this section other than the prior school year attendance |
| 230 | requirement in paragraph (2)(a). |
| 231 | Section 16. Subsections (2) through (5) of section |
| 232 | 1002.51, Florida Statutes, are renumbered as subsections (3) |
| 233 | through (6), respectively, and a new subsection (2) is added to |
| 234 | that section to read: |
| 235 | 1002.51 Definitions.--As used in this part, the term: |
| 236 | (2) "Early intervention service provider" means a provider |
| 237 | delivering early intervention services under s. 1002.66. |
| 238 | Section 17. Subsections (1) and (3) of section 1002.53, |
| 239 | Florida Statutes, are amended to read: |
| 240 | 1002.53 Voluntary Prekindergarten Education Program; |
| 241 | eligibility and enrollment.-- |
| 242 | (1) There is created the Voluntary Prekindergarten |
| 243 | Education Program, which. The program shall take effect in each |
| 244 | county at the beginning of the 2005-2006 school year and shall |
| 245 | be organized, designed, and delivered in accordance with s. 1(b) |
| 246 | and (c), Art. IX of the State Constitution. |
| 247 | (3) The parent of each child eligible under subsection (2) |
| 248 | may enroll the child in one of the following programs: |
| 249 | (a) A school-year prekindergarten program delivered by a |
| 250 | private prekindergarten provider under s. 1002.55; |
| 251 | (b) A summer prekindergarten program delivered by a public |
| 252 | school or private prekindergarten provider under s. 1002.61; or |
| 253 | (c) A school-year prekindergarten program delivered by a |
| 254 | public school, if offered by a school district that is eligible |
| 255 | under s. 1002.63; or |
| 256 | (d) Beginning with the 2010-2011 school year, a |
| 257 | prekindergarten program of early intervention services, if the |
| 258 | child is eligible for the program under s. 1002.66. |
| 259 |
|
| 260 | Except as provided in s. 1002.71(4), a child may not enroll in |
| 261 | more than one of these programs. |
| 262 | Section 18. Section 1002.66, Florida Statutes, is created |
| 263 | to read: |
| 264 | 1002.66 Prekindergarten program of early intervention |
| 265 | services.-- |
| 266 | (1) Beginning with the 2010-2011 school year, a child who |
| 267 | enrolls with the early learning coalition under s. 1002.53(3)(d) |
| 268 | is eligible for a prekindergarten program of early intervention |
| 269 | services if: |
| 270 | (a) The child is eligible for the Voluntary |
| 271 | Prekindergarten Education Program under s. 1002.53(2); and |
| 272 | (b) A current individual educational plan has been |
| 273 | developed for the child in accordance with State Board of |
| 274 | Education rule and the plan indicates the child's need for |
| 275 | multiple and intensive services, delivered weekly or daily, to |
| 276 | address the child's development of the following skills: |
| 277 | 1. Social skills, including replacement of problematic |
| 278 | behaviors with more conventional and appropriate behaviors; |
| 279 | 2. Communication skills, including the development of a |
| 280 | functional communication system; |
| 281 | 3. Fine and gross motor skills; |
| 282 | 4. Cognitive skills, including basic concepts and |
| 283 | developmentally appropriate pre-academic skills; and |
| 284 | 5. Independent organizational skills and other behaviors |
| 285 | necessary for future success in the typical educational |
| 286 | environment. |
| 287 | |
| 288 | If a child's individual educational plan indicates that the |
| 289 | child meets the eligibility requirements for a prekindergarten |
| 290 | program of early intervention services under this paragraph, the |
| 291 | school district shall record the child's eligibility on a form, |
| 292 | or otherwise in the format, developed by the Department of |
| 293 | Education in consultation with the Agency for Workforce |
| 294 | Innovation. |
| 295 | (2) The parent of a child who is eligible for a |
| 296 | prekindergarten program under this section may select one or |
| 297 | more early intervention services that the child's individual |
| 298 | educational plan indicates is appropriate for the child. These |
| 299 | early intervention services may include, but are not limited to: |
| 300 | (a) Applied behavior analysis. |
| 301 | (b) Speech-language pathology. |
| 302 | (c) Occupational therapy. |
| 303 | (d) Physical therapy. |
| 304 | (3) The early intervention services provided for a child |
| 305 | under this section must be delivered according to professionally |
| 306 | accepted standards and must, in accordance with the performance |
| 307 | standards adopted by the department under s. 1002.67, address |
| 308 | the age-appropriate progress of the child in the development of |
| 309 | the capabilities, capacities, and skills required under s. 1(b), |
| 310 | Art. IX of the State Constitution. |
| 311 | (4) Each Center for Autism and Related Disabilities |
| 312 | established under s. 1004.55 shall, within the center's region, |
| 313 | approve early intervention service providers whose services meet |
| 314 | the standards in subsection (3), maintain a list of approved |
| 315 | providers, and notify each school district and early learning |
| 316 | coalition in the center's region of the approved provider list. |
| 317 | Upon the request of a child's parent, a Center for Autism and |
| 318 | Related Disabilities may approve an early intervention service |
| 319 | provider that is not on the approved list if the provider's |
| 320 | services meet the standards in subsection (3) and the child's |
| 321 | individual educational plan indicates that the services are |
| 322 | appropriate for the child. |
| 323 | (5) From the funds allocated to the early learning |
| 324 | coalition for the Voluntary Prekindergarten Education Program, |
| 325 | the coalition shall reimburse an approved early intervention |
| 326 | service provider for authorized services provided for an |
| 327 | eligible child, except that the cumulative total of services |
| 328 | reimbursed for a child may not exceed the amount of the base |
| 329 | student allocation provided for the Voluntary Prekindergarten |
| 330 | Education Program in the General Appropriations Act. |
| 331 | Section 19. Paragraph (a) of subsection (4) of section |
| 332 | 1002.71, Florida Statutes, is amended to read: |
| 333 | 1002.71 Funding; financial and attendance reporting.-- |
| 334 | (4) Notwithstanding s. 1002.53(3) and subsection (2): |
| 335 | (a) A child who, for any of the prekindergarten programs |
| 336 | listed in s. 1002.53(3), has not completed more than 10 percent |
| 337 | of the hours authorized to be reported for funding under |
| 338 | subsection (2), or has not expended more than 10 percent of the |
| 339 | funds authorized for the child under s. 1002.66, may withdraw |
| 340 | from the program for good cause, reenroll in one of the |
| 341 | programs, and be reported for funding purposes as a full-time |
| 342 | equivalent student in the program for which the child is |
| 343 | reenrolled. |
| 344 |
|
| 345 | A child may reenroll only once in a prekindergarten program |
| 346 | under this section. A child who reenrolls in a prekindergarten |
| 347 | program under this subsection may not subsequently withdraw from |
| 348 | the program and reenroll. The Agency for Workforce Innovation |
| 349 | shall establish criteria specifying whether a good cause exists |
| 350 | for a child to withdraw from a program under paragraph (a), |
| 351 | whether a child has substantially completed a program under |
| 352 | paragraph (b), and whether an extreme hardship exists which is |
| 353 | beyond the child's or parent's control under paragraph (b). |
| 354 | Section 20. Paragraph (d) of subsection (2) of section |
| 355 | 1002.73, Florida Statutes, is redesignated as paragraph (e) and |
| 356 | a new paragraph (d) is added to that subsection to read: |
| 357 | 1002.73 Department of Education; powers and duties; |
| 358 | accountability requirements.-- |
| 359 | (2) The department shall adopt procedures for the |
| 360 | department's: |
| 361 | (d) Development, in consultation with the Agency for |
| 362 | Workforce Innovation, of the form or format for recording a |
| 363 | child's eligibility for early intervention services under s. |
| 364 | 1002.66(1)(b). |
| 365 | Section 21. Paragraphs (a) and (f) of subsection (2) of |
| 366 | section 1002.75, Florida Statutes, are amended to read: |
| 367 | 1002.75 Agency for Workforce Innovation; powers and |
| 368 | duties; operational requirements.-- |
| 369 | (2) The Agency for Workforce Innovation shall adopt |
| 370 | procedures governing the administration of the Voluntary |
| 371 | Prekindergarten Education Program by the early learning |
| 372 | coalitions and school districts for: |
| 373 | (a) Enrolling children in and determining the eligibility |
| 374 | of children for the Voluntary Prekindergarten Education Program |
| 375 | under ss. 1002.53 and 1002.66 s. 1002.53. |
| 376 | (f) Paying private prekindergarten providers, and public |
| 377 | schools, and early intervention service providers under ss. |
| 378 | 1002.66 and 1002.71 s. 1002.71. |
| 379 | Section 22. Effective upon this act becoming a law, |
| 380 | section 1004.55, Florida Statutes, is amended to read: |
| 381 | 1004.55 Regional autism Centers for Autism and Related |
| 382 | Disabilities.-- |
| 383 | (1) Seven regional autism Centers for Autism and Related |
| 384 | Disabilities are established to provide nonresidential resource |
| 385 | and training services for: |
| 386 | (a) Children younger than 5 years of age who have: |
| 387 | 1. An autism spectrum disorder; a genetic or metabolic |
| 388 | disorder; a neurological disorder; a severe attachment disorder; |
| 389 | a hearing impairment, including deafness; a visual impairment, |
| 390 | including blindness; or dual sensory impairment; or |
| 391 | 2. A developmental delay in cognition; physical or motor |
| 392 | development, including hearing or vision; communication; social |
| 393 | or emotional development; or adaptive development. |
| 394 | (b) Persons 5 years of age or older who have an autism |
| 395 | spectrum disorder or a severe communication disorder persons of |
| 396 | all ages and of all levels of intellectual functioning who have |
| 397 | autism, as defined in s. 393.063; who have a pervasive |
| 398 | developmental disorder that is not otherwise specified; who have |
| 399 | an autistic-like disability; who have a dual sensory impairment; |
| 400 | or who have a sensory impairment with other handicapping |
| 401 | conditions. |
| 402 | (2) Each center shall be operationally and fiscally |
| 403 | independent and shall provide services within its geographical |
| 404 | region of the state. Service delivery shall be consistent for |
| 405 | all centers. Each center shall coordinate services within and |
| 406 | between state and local agencies and school districts but may |
| 407 | not duplicate services provided by those agencies or school |
| 408 | districts. The respective locations and service areas of the |
| 409 | centers are: |
| 410 | (a) The Department of Communication Disorders at Florida |
| 411 | State University, which serves Bay, Calhoun, Escambia, Franklin, |
| 412 | Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, |
| 413 | Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, and |
| 414 | Washington Counties. |
| 415 | (b) The College of Medicine at the University of Florida, |
| 416 | which serves Alachua, Bradford, Citrus, Columbia, Dixie, |
| 417 | Gilchrist, Hamilton, Hernando, Lafayette, Levy, Marion, Putnam, |
| 418 | Suwannee, and Union Counties. |
| 419 | (c) The University of Florida Health Science Center at |
| 420 | Jacksonville, which serves Baker, Clay, Duval, Flagler, Nassau, |
| 421 | and St. Johns Counties. |
| 422 | (d) The Louis de la Parte Florida Mental Health Institute |
| 423 | at the University of South Florida, which serves Charlotte, |
| 424 | Collier, DeSoto, Glades, Hardee, Hendry, Highlands, |
| 425 | Hillsborough, Lee, Manatee, Pasco, Pinellas, Polk, and Sarasota |
| 426 | Counties. |
| 427 | (e) The Mailman Center for Child Development and the |
| 428 | Department of Psychology at the University of Miami, which |
| 429 | serves Broward, Dade, and Monroe Counties. |
| 430 | (f) The College of Health and Public Affairs at the |
| 431 | University of Central Florida, which serves Brevard, Lake, |
| 432 | Orange, Osceola, Seminole, Sumter, and Volusia Counties. |
| 433 | (g) The Department of Exceptional Student Education at |
| 434 | Florida Atlantic University, which serves Palm Beach, Martin, |
| 435 | St. Lucie, Okeechobee, and Indian River Counties. |
| 436 | (3)(2) There is established for each center a constituency |
| 437 | board, which shall work collaboratively with the center. Each |
| 438 | board shall consist of no fewer than six members, each of whom |
| 439 | is either an individual who has an autism spectrum disorder or |
| 440 | another a disability that is described in subsection (1) or is a |
| 441 | member of a family that includes a person who has such a |
| 442 | disability, who are selected by each university president from a |
| 443 | list that has been developed by the Autism Society of Florida |
| 444 | and other relevant constituency groups that represent persons |
| 445 | who have an autism spectrum disorder or another disability |
| 446 | sensory impairments as described in subsection (1). As |
| 447 | representatives of the center's constituencies, these boards |
| 448 | shall meet quarterly with the staff of each of the centers to |
| 449 | provide advice on policies, priorities, and activities. Each |
| 450 | board shall submit to the university president and to the |
| 451 | Department of Education an annual report that evaluates the |
| 452 | activities and accomplishments of its center during the year. |
| 453 | The board for each center should raise funds equivalent to 2 |
| 454 | percent of the total funds allocated to that center in each |
| 455 | fiscal year. |
| 456 | (4)(3) To promote statewide planning and coordination, a |
| 457 | conference must be held annually for staff from each of the |
| 458 | seven centers and representatives from each center's |
| 459 | constituency board. The purpose of the conference is to |
| 460 | facilitate coordination, networking, cross-training, and |
| 461 | feedback among the staffs and constituency boards of the |
| 462 | centers. |
| 463 | (5)(4)(a) Each center shall provide: |
| 464 | 1. A staff that has expertise in autism spectrum disorder |
| 465 | and the other disabilities described in subsection (1) autistic- |
| 466 | like behaviors and in sensory impairments. |
| 467 | 2. Individual and direct family assistance in the home, |
| 468 | community, and school. A center's assistance should not supplant |
| 469 | other responsibilities of state and local agencies, and each |
| 470 | school district is responsible for providing an appropriate |
| 471 | education program for clients of a center who are school age. |
| 472 | 3. Technical assistance and consultation services, |
| 473 | including specific intervention and assistance for a client of |
| 474 | the center, the client's family, and the school district, and |
| 475 | any other services that are appropriate. |
| 476 | 4. Professional training programs that include developing, |
| 477 | providing, and evaluating preservice and inservice training in |
| 478 | state-of-the-art practices for personnel who work with the |
| 479 | populations served by the centers and their families. |
| 480 | 5. Public education programs to increase awareness of the |
| 481 | public about autism spectrum disorder and the other disabilities |
| 482 | described in subsection (1), autistic-related disabilities of |
| 483 | communication and behavior, dual sensory impairments, and |
| 484 | sensory impairments with other handicapping conditions. |
| 485 | 6. Coordination of regional learning gateways established |
| 486 | in accordance with s. 1006.80. |
| 487 | 7. Approval of early intervention service providers for |
| 488 | prekindergarten programs for children with disabilities in |
| 489 | accordance with s. 1002.66. |
| 490 | (b) Effective October 1, 2008, a center that is not |
| 491 | designated a medical model for the treatment of autism spectrum |
| 492 | disorder under s. 1006.82 may not provide direct medical |
| 493 | intervention or pharmaceutical intervention is prohibited in any |
| 494 | center on or after July 1, 2008. |
| 495 | (6)(5) The State Board of Education, in cooperation with |
| 496 | the regional autism Centers for Autism and Related Disabilities, |
| 497 | shall adopt the necessary rules to carry out the purposes of |
| 498 | this section. |
| 499 | Section 23. Effective upon this act becoming a law, |
| 500 | subsection (1), paragraph (b) of subsection (2), and subsections |
| 501 | (3) and (4) of section 1006.03, Florida Statutes, are amended to |
| 502 | read: |
| 503 | 1006.03 Florida Diagnostic and Learning Resources System; |
| 504 | regional resource centers.-- |
| 505 | (1) The department shall maintain the Florida Diagnostic |
| 506 | and Learning Resources System, which shall be comprised of a |
| 507 | network of regional diagnostic and learning resources resource |
| 508 | centers for exceptional students. The regional centers shall, to |
| 509 | assist in the provision of medical, physiological, |
| 510 | psychological, and educational testing and other services |
| 511 | designed to evaluate and diagnose exceptionalities, to make |
| 512 | referrals for necessary instruction and services, and to |
| 513 | facilitate the provision of instruction and services to |
| 514 | exceptional students. The department shall cooperate with the |
| 515 | Department of Children and Family Services and the Centers for |
| 516 | Autism and Related Disabilities in identifying service needs and |
| 517 | areas. |
| 518 | (2) Within its identified service area, each regional |
| 519 | center shall: |
| 520 | (b) Assist in the provision of services for exceptional |
| 521 | children, using to the maximum, but not supplanting, the |
| 522 | existing facilities and services of each school district. |
| 523 | (3) Regional diagnostic and learning resources resource |
| 524 | centers may provide testing and evaluation services to private |
| 525 | school students and other children who are not enrolled in |
| 526 | public schools. |
| 527 | (4) Regional diagnostic and learning resources resource |
| 528 | centers may assist districts in providing testing and evaluation |
| 529 | services for infants and preschool children with or at risk of |
| 530 | developing disabilities, and may assist districts in providing |
| 531 | interdisciplinary training and resources to parents of infants |
| 532 | and preschool children with or at risk of developing |
| 533 | disabilities and to early learning school readiness programs. |
| 534 | Section 24. Effective upon this act becoming a law, part |
| 535 | III of chapter 1006, Florida Statutes, shall be entitled |
| 536 | "Learning Gateway" and shall consist of sections 1006.80 and |
| 537 | 1006.82, Florida Statutes. |
| 538 | Section 25. Effective upon this act becoming a law, |
| 539 | section 1006.80, Florida Statutes, is created to read: |
| 540 | 1006.80 Regional learning gateways.--The Centers for |
| 541 | Autism and Related Disabilities established under s. 1004.55, in |
| 542 | collaboration with the Department of Education and the Florida |
| 543 | Diagnostic and Learning Resources System, shall establish a |
| 544 | statewide system of learning gateways. The system must include |
| 545 | the establishment of a learning gateway in the geographic region |
| 546 | of each center. Each region's leaning gateway shall: |
| 547 | (1) Establish a single point of access for referral to the |
| 548 | appropriate agencies for the screening and assessment of |
| 549 | children younger than 5 years of age for disabilities, |
| 550 | conducting diagnostic evaluations for children with suspected |
| 551 | disabilities, and referring children with disabilities for early |
| 552 | intervention services and early learning programs. |
| 553 | (2) Designate a central telephone number in the center's |
| 554 | region, and an Internet website, for parents, practitioners, and |
| 555 | providers to obtain information about services available through |
| 556 | the learning gateway, screenings, assessments, diagnostic |
| 557 | evaluations, early intervention services, and early learning |
| 558 | programs for children with disabilities. |
| 559 | (3) Provide followup contact for families whose children |
| 560 | are determined ineligible for services under Part B or Part C of |
| 561 | the federal Individuals with Disabilities Education Act. |
| 562 | (4) Provide interagency coordination in the center's |
| 563 | region among the regional offices of state agencies, including |
| 564 | offices of the Division of Children's Medical Services Network |
| 565 | of the Department of Health; regional diagnostic and learning |
| 566 | resources centers; diagnostic and learning resources centers at |
| 567 | state universities; school districts; early learning coalitions; |
| 568 | county and municipal agencies; community agencies and |
| 569 | organizations; and public and private providers of early |
| 570 | intervention services and early learning programs, in order to |
| 571 | develop and implement strategies to reduce a child's waiting |
| 572 | time for services, reduce interagency duplication, and reduce |
| 573 | interagency differences in eligibility criteria for services and |
| 574 | programs which cause cross-agency screenings, assessments, and |
| 575 | diagnostic evaluations. |
| 576 | (5) Facilitate the integration of services, linkages among |
| 577 | providers, and the array of services required to address the |
| 578 | needs of children and families. |
| 579 | (6) Improve community awareness and education for parents |
| 580 | and practitioners about the developmental milestones, and the |
| 581 | warning signs or precursors of disabilities, exhibited by |
| 582 | children younger than 5 years of age. |
| 583 | (7) Provide training and technical assistance for parents, |
| 584 | practitioners, and providers. |
| 585 | Section 26. Effective upon this act becoming a law, |
| 586 | section 1006.82, Florida Statutes, is created to read: |
| 587 | 1006.82 State Learning Gateway Council.-- |
| 588 | (1) There is created the State Learning Gateway Council, |
| 589 | which is assigned to the Department of Education for |
| 590 | administrative purposes. The council is composed of the |
| 591 | following agency heads, and officers of the following |
| 592 | organizations, or their permanent designees: |
| 593 | (a) Secretary of Children and Family Services. |
| 594 | (b) Director of the Agency for Persons with Disabilities. |
| 595 | (c) Director of Workforce Innovation. |
| 596 | (d) State Surgeon General. |
| 597 | (e) Secretary of Health Care Administration. |
| 598 | (f) Commissioner of Education. |
| 599 | (g) The director of a regional diagnostic and learning |
| 600 | resources center appointed by the Commissioner of Education. |
| 601 | (h) The director of a diagnostic and learning resources |
| 602 | center at a state university, selected from among the directors |
| 603 | of the university centers. |
| 604 | (i) Chair of the Florida Early Learning Advisory Council. |
| 605 | (j) President of the Autism Society of Florida. |
| 606 | (k) President of the Florida Association for Behavioral |
| 607 | Analysis. |
| 608 | (l) President of the Florida Pediatric Society. |
| 609 | (m) President of the Florida Psychological Association. |
| 610 | (2) The council shall select a chair from among its |
| 611 | members. An executive director of a Center for Autism and |
| 612 | Related Disabilities, selected from among the executive |
| 613 | directors of the centers, shall serve as the council's executive |
| 614 | director. |
| 615 | (3)(a) The council shall coordinate the statewide |
| 616 | implementation of regional learning gateways and shall advise |
| 617 | the Legislature, the Governor, and the agencies represented by |
| 618 | the council's members on the system of regional learning |
| 619 | gateways. |
| 620 | (b) Each Center for Autism and Related Disabilities shall |
| 621 | submit an implementation plan to the council for the region's |
| 622 | learning gateway by January 15, 2009. The plan must include the |
| 623 | center's proposed expenditures for implementation of the |
| 624 | regional learning gateway. |
| 625 | (c) The council may designate a Center for Autism and |
| 626 | Related Disabilities on the main campus, or at any branch campus |
| 627 | or center, of the University of Florida, as a medical model for |
| 628 | the treatment of autism spectrum disorder, if the center |
| 629 | demonstrates a unique community need for such treatment in the |
| 630 | center's region. A center designated as a medical model shall, |
| 631 | by October 1 of each year, submit an annual report to the |
| 632 | council. Each annual report must summarize the center's |
| 633 | activities related to the treatment of autism spectrum disorder, |
| 634 | including the center's expenditures for those services, for the |
| 635 | prior state fiscal year. |
| 636 | (4)(a) The agencies represented by the council's |
| 637 | membership shall enter into an interagency agreement to provide |
| 638 | staffing and administrative support for the council. |
| 639 | (b) Members of the council shall serve without |
| 640 | compensation but are entitled to per diem and travel expenses |
| 641 | for required attendance at council meetings in accordance with |
| 642 | the provisions of s. 112.061. Each council member is subject to |
| 643 | the Code of Ethics for Public Officers and Employees under part |
| 644 | III of chapter 112. |
| 645 | (5)(a) The council may use any method of |
| 646 | telecommunications to conduct meetings, including establishing a |
| 647 | quorum through telecommunications, if the public is given proper |
| 648 | notice of a telecommunications meeting and reasonable access to |
| 649 | observe and, when appropriate, participate. |
| 650 | (b) The council appointments shall be made, and the |
| 651 | council shall conduct its initial meeting, within 45 days after |
| 652 | the effective date of this section. |
| 653 | Section 27. Effective upon this act becoming a law, |
| 654 | sections 411.226, 411.227, and 411.228, Florida Statutes, are |
| 655 | repealed. |
| 656 | Section 28. Except as otherwise expressly provided in this |
| 657 | act, this act shall take effect July 1, 2008. |
| 658 |
|
| 659 |
|
| 660 | ----------------------------------------------------- |
| 661 | T I T L E A M E N D M E N T |
| 662 | Remove line 929 and insert: |
| 663 | disabilities compact; amending s. 1002.39, F.S., relating to the |
| 664 | John M. McKay Scholarships for Students with Disabilities |
| 665 | Program; revising the terminology used to identify students with |
| 666 | certain disabilities; authorizing students who receive certain |
| 667 | services under the Voluntary Prekindergarten Education Program |
| 668 | to receive a John M. McKay Scholarship; conforming cross- |
| 669 | references; permitting students to receive scholarship services |
| 670 | at locations other than the private school's site under |
| 671 | specified conditions; providing retroactive eligibility for |
| 672 | scholarships under certain circumstances; amending s. 1002.51, |
| 673 | F.S.; revising definitions for the Voluntary Prekindergarten |
| 674 | Education Program; amending s. 1002.53 and creating s. 1002.66, |
| 675 | F.S.; establishing a prekindergarten program option for early |
| 676 | intervention services; providing eligibility criteria for early |
| 677 | intervention services; requiring the Department of Education to |
| 678 | develop forms; providing for the approval of early intervention |
| 679 | service providers; authorizing the expenditure of funds for |
| 680 | early intervention services; amending s. 1002.71, F.S.; |
| 681 | authorizing a child participating in a prekindergarten program |
| 682 | for children with disabilities to reenroll in another program |
| 683 | option under certain conditions; amending ss. 1002.73 and |
| 684 | 1002.75, F.S.; revising the powers and duties of the Department |
| 685 | of Education and Agency for Workforce Innovation for |
| 686 | prekindergarten programs; amending s. 1004.55, F.S.; |
| 687 | redesignating regional autism centers as Centers for Autism and |
| 688 | Related Disabilities; revising terminology and duties of the |
| 689 | regional autism centers; revising date that regional autism |
| 690 | centers are prohibited from providing direct medical |
| 691 | intervention or pharmaceutical intervention and providing an |
| 692 | exception for a center designated a medical model by the State |
| 693 | Learning Gateway Council; amending s. 1006.03, F.S.; requiring |
| 694 | the Department of Education to maintain the Florida Diagnostic |
| 695 | and Learning Resources System; revising duties of regional |
| 696 | diagnostic and learning resources centers; creating part III of |
| 697 | chapter 1006, F.S., relating to the Learning Gateway; creating |
| 698 | s. 1006.80, F.S.; requiring Centers for Autism and Related |
| 699 | Disabilities to establish a statewide system of learning |
| 700 | gateways; specifying functions of learning gateways; creating s. |
| 701 | 1006.82, F.S.; establishing the State Learning Gateway Council; |
| 702 | assigning the council to the Department of Education for |
| 703 | administrative purposes; specifying the membership of the |
| 704 | council; providing for selection of the council's chair and |
| 705 | executive director; prescribing the council's duties; requiring |
| 706 | the Centers for Autism and Related Disabilities to submit an |
| 707 | implementation plan by a specified date; authorizing the council |
| 708 | to designate a center at the University of Florida as a medical |
| 709 | model under certain circumstances; requiring a center designated |
| 710 | as a medical model to submit an annual report; repealing ss. |
| 711 | 411.226, 411.227, and 411.228, F.S., relating to the Learning |
| 712 | Gateway, components of the Learning Gateway, and accountability; |
| 713 | providing effective dates. |