Amendment
Bill No. CS/CS/CS/SB 2654
Amendment No. 326059
CHAMBER ACTION
Senate House
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1Representative Gardiner offered the following:
2
3     Amendment to Amendment (171333) (with title amendment)
4     Remove line 808 and insert:
5     Section 15.  Subsections (1), (2), and (3), paragraph (a)
6of subsection (4), paragraph (d) of subsection (8), and
7paragraphs (a), (c), and (d) of subsection (10) of section
81002.39, Florida Statutes, are amended, subsections (11), (12),
9and (13) are renumbered as subsections (13), (14), and (15),
10respectively, and new subsections (11) and (12) are added to
11that section, to read:
12     1002.39  The John M. McKay Scholarships for Students with
13Disabilities Program.--There is established a program that is
14separate and distinct from the Opportunity Scholarship Program
15and is named the John M. McKay Scholarships for Students with
16Disabilities Program.
17     (1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
18DISABILITIES PROGRAM.--The John M. McKay Scholarships for
19Students with Disabilities Program is established to provide the
20option to attend a public school other than the one to which
21assigned, or to provide a scholarship to a private school of
22choice, for students with disabilities for whom an individual
23educational education plan has been written in accordance with
24rules of the State Board of Education. Students with
25disabilities include K-12 students who are documented as having
26an intellectual disability a mental handicap, including
27trainable, profound, or educable; a speech impairment; a or
28language impairment; a hearing impairment, including deafness; a
29visual impairment, including blindness; a dual sensory
30impairment; an orthopedic a physical impairment or other health
31impairment; a serious emotional disturbance, including an
32emotional or behavioral disability handicap; a specific learning
33disability, including, but not limited to, dyslexia,
34dyscalculia, or developmental aphasia; a traumatic brain injury;
35a developmental delay; or autism spectrum disorder.
36     (2)  JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.--The parent of
37a public school student with a disability who is dissatisfied
38with the student's progress may request and receive from the
39state a John M. McKay Scholarship for the child to enroll in and
40attend a private school in accordance with this section if:
41     (a)  The student has either:
42     1.  Received early intervention services under the
43Voluntary Prekindergarten Education Program pursuant to s.
441002.66 during the previous school year; or
45     2.  Spent the prior school year in attendance at a Florida
46public school or the Florida School for the Deaf and the Blind.
47For purposes of this subparagraph, prior school year in
48attendance means that the student was:
49     1.  enrolled and reported by:
50     a.  A school district for funding during the preceding
51October and February Florida Education Finance Program surveys
52in kindergarten through grade 12, which shall include time spent
53in a Department of Juvenile Justice commitment program if funded
54under the Florida Education Finance Program;
55     b.2.  Enrolled and reported by The Florida School for the
56Deaf and the Blind during the preceding October and February
57student membership surveys in kindergarten through grade 12; or
58     c.3.  Enrolled and reported by A school district for
59funding during the preceding October and February Florida
60Education Finance Program surveys, was at least 4 years old when
61so enrolled and reported, and was eligible for services under s.
621003.21(1)(e).
63
64However, a dependent child of a member of the United States
65Armed Forces who transfers to a school in this state from out of
66state or from a foreign country pursuant to a parent's permanent
67change of station orders is exempt from this paragraph but must
68meet all other eligibility requirements to participate in the
69program.
70     (b)  The parent has obtained acceptance for admission of
71the student to a private school that is eligible for the program
72under subsection (8) and has requested from the department a
73scholarship at least 60 days prior to the date of the first
74scholarship payment. The request must be through a communication
75directly to the department in a manner that creates a written or
76electronic record of the request and the date of receipt of the
77request. The Department of Education must notify the district of
78the parent's intent upon receipt of the parent's request.
79     (3)  JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.--A student is
80not eligible for a John M. McKay Scholarship while he or she is:
81     (a)  Enrolled in a school operating for the purpose of
82providing educational services to youth in Department of
83Juvenile Justice commitment programs;
84     (b)  Receiving a corporate income tax credit scholarship
85under s. 220.187;
86     (c)  Receiving an educational scholarship pursuant to this
87chapter;
88     (d)  Participating in a home education program as defined
89in s. 1002.01(1);
90     (e)  Participating in a private tutoring program pursuant
91to s. 1002.43;
92     (f)  Participating in a virtual school, correspondence
93school, or distance learning program that receives state funding
94pursuant to the student's participation unless the participation
95is limited to no more than two courses per school year;
96     (g)  Enrolled in the Florida School for the Deaf and the
97Blind; or
98     (h)  Not having regular and direct contact with his or her
99private school teachers at the school's physical location,
100except as provided in subsection (11).
101     (4)  TERM OF JOHN M. MCKAY SCHOLARSHIP.--
102     (a)  For purposes of continuity of educational choice, a
103John M. McKay Scholarship shall remain in force until the
104student enrolls in returns to a public school, graduates from
105high school, or reaches the age of 22, whichever occurs first.
106     (8)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be
107eligible to participate in the John M. McKay Scholarships for
108Students with Disabilities Program, a private school may be
109sectarian or nonsectarian and must:
110     (d)  Maintain in this state a physical location where a
111scholarship student regularly attends classes or where it
112provides case management services under subsection (11).
113
114The inability of a private school to meet the requirements of
115this subsection shall constitute a basis for the ineligibility
116of the private school to participate in the scholarship program
117as determined by the department.
118     (10)  JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.--
119     (a)1.  The maximum scholarship granted for an eligible
120student with disabilities shall be a calculated amount
121equivalent to the base student allocation in the Florida
122Education Finance Program multiplied by the appropriate cost
123factor for the educational program that would have been provided
124for the student in the district school to which he or she was
125assigned, multiplied by the district cost differential.
126     2.  In addition, a share of the guaranteed allocation for
127exceptional students shall be determined and added to the
128calculated amount. The calculation shall be based on the
129methodology and the data used to calculate the guaranteed
130allocation for exceptional students for each district in chapter
1312000-166, Laws of Florida. Except as provided in subparagraphs
1323. and 4., the calculation shall be based on the student's
133grade, matrix level of services, and the difference between the
1342000-2001 basic program and the appropriate level of services
135cost factor, multiplied by the 2000-2001 base student allocation
136and the 2000-2001 district cost differential for the sending
137district. Also, the calculated amount shall include the per-
138student share of supplemental academic instruction funds,
139instructional materials funds, technology funds, and other
140categorical funds as provided for such purposes in the General
141Appropriations Act.
142     3.  The calculated scholarship amount for a student who is
143eligible under sub-subparagraph (2)(a)2.b. subparagraph (2)(a)2.
144shall be calculated as provided in subparagraphs 1. and 2.
145However, the calculation shall be based on the school district
146in which the parent resides at the time of the scholarship
147request.
148     4.  Until the school district completes the matrix required
149by paragraph (5)(b), the calculation shall be based on the
150matrix that assigns the student to support level I of service as
151it existed prior to the 2000-2001 school year. When the school
152district completes the matrix, the amount of the payment shall
153be adjusted as needed.
154     (c)1.  The school district shall report all students who
155are attending a private school under this program. The students
156with disabilities attending private schools on John M. McKay
157Scholarships shall be reported separately from other students
158reported for purposes of the Florida Education Finance Program.
159     2.  For program participants who are eligible under sub-
160subparagraph (2)(a)2.b. subparagraph (2)(a)2., the school
161district that is used as the basis for the calculation of the
162scholarship amount as provided in subparagraph (a)3. shall:
163     a.  Report to the department all such students who are
164attending a private school under this program.
165     b.  Be held harmless for such students from the weighted
166enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.a.
167during the first school year in which the students are reported.
168     (d)  Following notification on July 1, September 1,
169December 1, or February 1 of the number of program participants,
170the department shall transfer, from General Revenue funds only,
171the amount calculated under paragraph (b) from the school
172district's total funding entitlement under the Florida Education
173Finance Program and from authorized categorical accounts to a
174separate account for the scholarship program for quarterly
175disbursement to the parents of participating students. Funds may
176not be transferred from any funding provided to the Florida
177School for the Deaf and the Blind for program participants who
178are eligible under sub-subparagraph (2)(a)2.b. subparagraph
179(2)(a)2. For a student exiting a Department of Juvenile Justice
180commitment program who chooses to participate in the scholarship
181program, the amount of the John M. McKay Scholarship calculated
182pursuant to paragraph (b) shall be transferred from the school
183district in which the student last attended a public school
184prior to commitment to the Department of Juvenile Justice. When
185a student enters the scholarship program, the department must
186receive all documentation required for the student's
187participation, including the private school's and student's fee
188schedules, at least 30 days before the first quarterly
189scholarship payment is made for the student.
190     (11)  ALTERNATIVE SITES FOR INSTRUCTION AND SERVICES.--A
191student eligible for a scholarship under this section may
192receive regular and direct instruction and services from a
193private school at a site other than the school's physical
194location if the following criteria are met:
195     (a)  The student's parent provides a notarized statement
196from the medical doctor or psychologist treating the student's
197disability which certifies that the student's welfare or the
198welfare of other students in the classroom will be jeopardized
199if the student is required to regularly attend class at the
200school's physical location. Such notarized statement must be:
201     1.  Annually provided to the department at least 60 days
202prior to the date of the first scholarship payment for each
203school year.
204     2.  Based on an annual review of the student's disability
205by 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
208coordinates and monitors the student's instruction and services,
209reviews and maintains the documentation submitted under
210subparagraph 2., and provides the student's parent and private
211school with monthly reports on the student's progress.
212     2.  Requires private school employees or contracted
213personnel who provide regular and direct instruction or services
214to a student at a site other than the private school's physical
215location to submit to the case manager documentation of the
216instruction, services, and progress of the student.
217     3.  Notifies the department of each student subject to this
218subsection.
219     (12)  RETROACTIVE SCHOLARSHIP ELIGIBILITY.--A student who
220received a scholarship under this section in the 2005-2006
221school year, but who was unable to receive a scholarship in the
2222006-2007 school year due to the regular and direct contact
223requirement in paragraph (3)(h), is eligible for a scholarship
224in the 2008-2009 school year if the student:
225     (a)  Demonstrates that he or she would have met the
226criteria of paragraph (11)(a) at the time of his or her 2006-
2272007 scholarship.
228     (b)  Satisfies the requirements for a scholarship under
229this section other than the prior school year attendance
230requirement in paragraph (2)(a).
231     Section 16.  Subsections (2) through (5) of section
2321002.51, Florida Statutes, are renumbered as subsections (3)
233through (6), respectively, and a new subsection (2) is added to
234that section to read:
235     1002.51  Definitions.--As used in this part, the term:
236     (2)  "Early intervention service provider" means a provider
237delivering early intervention services under s. 1002.66.
238     Section 17.  Subsections (1) and (3) of section 1002.53,
239Florida Statutes, are amended to read:
240     1002.53  Voluntary Prekindergarten Education Program;
241eligibility and enrollment.--
242     (1)  There is created the Voluntary Prekindergarten
243Education Program, which. The program shall take effect in each
244county at the beginning of the 2005-2006 school year and shall
245be organized, designed, and delivered in accordance with s. 1(b)
246and (c), Art. IX of the State Constitution.
247     (3)  The parent of each child eligible under subsection (2)
248may enroll the child in one of the following programs:
249     (a)  A school-year prekindergarten program delivered by a
250private prekindergarten provider under s. 1002.55;
251     (b)  A summer prekindergarten program delivered by a public
252school or private prekindergarten provider under s. 1002.61; or
253     (c)  A school-year prekindergarten program delivered by a
254public school, if offered by a school district that is eligible
255under s. 1002.63; or
256     (d)  Beginning with the 2010-2011 school year, a
257prekindergarten program of early intervention services, if the
258child is eligible for the program under s. 1002.66.
259
260Except as provided in s. 1002.71(4), a child may not enroll in
261more than one of these programs.
262     Section 18.  Section 1002.66, Florida Statutes, is created
263to read:
264     1002.66  Prekindergarten program of early intervention
265services.--
266     (1)  Beginning with the 2010-2011 school year, a child who
267enrolls with the early learning coalition under s. 1002.53(3)(d)
268is eligible for a prekindergarten program of early intervention
269services if:
270     (a)  The child is eligible for the Voluntary
271Prekindergarten Education Program under s. 1002.53(2); and
272     (b)  A current individual educational plan has been
273developed for the child in accordance with State Board of
274Education rule and the plan indicates the child's need for
275multiple and intensive services, delivered weekly or daily, to
276address the child's development of the following skills:
277     1.  Social skills, including replacement of problematic
278behaviors with more conventional and appropriate behaviors;
279     2.  Communication skills, including the development of a
280functional communication system;
281     3.  Fine and gross motor skills;
282     4.  Cognitive skills, including basic concepts and
283developmentally appropriate pre-academic skills; and
284     5.  Independent organizational skills and other behaviors
285necessary for future success in the typical educational
286environment.
287
288If a child's individual educational plan indicates that the
289child meets the eligibility requirements for a prekindergarten
290program of early intervention services under this paragraph, the
291school district shall record the child's eligibility on a form,
292or otherwise in the format, developed by the Department of
293Education in consultation with the Agency for Workforce
294Innovation.
295     (2)  The parent of a child who is eligible for a
296prekindergarten program under this section may select one or
297more early intervention services that the child's individual
298educational plan indicates is appropriate for the child. These
299early 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
305under this section must be delivered according to professionally
306accepted standards and must, in accordance with the performance
307standards adopted by the department under s. 1002.67, address
308the age-appropriate progress of the child in the development of
309the capabilities, capacities, and skills required under s. 1(b),
310Art. IX of the State Constitution.
311     (4)  Each Center for Autism and Related Disabilities
312established under s. 1004.55 shall, within the center's region,
313approve early intervention service providers whose services meet
314the standards in subsection (3), maintain a list of approved
315providers, and notify each school district and early learning
316coalition in the center's region of the approved provider list.
317Upon the request of a child's parent, a Center for Autism and
318Related Disabilities may approve an early intervention service
319provider that is not on the approved list if the provider's
320services meet the standards in subsection (3) and the child's
321individual educational plan indicates that the services are
322appropriate for the child.
323     (5)  From the funds allocated to the early learning
324coalition for the Voluntary Prekindergarten Education Program,
325the coalition shall reimburse an approved early intervention
326service provider for authorized services provided for an
327eligible child, except that the cumulative total of services
328reimbursed for a child may not exceed the amount of the base
329student allocation provided for the Voluntary Prekindergarten
330Education Program in the General Appropriations Act.
331     Section 19.  Paragraph (a) of subsection (4) of section
3321002.71, 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
336listed in s. 1002.53(3), has not completed more than 10 percent
337of the hours authorized to be reported for funding under
338subsection (2), or has not expended more than 10 percent of the
339funds authorized for the child under s. 1002.66, may withdraw
340from the program for good cause, reenroll in one of the
341programs, and be reported for funding purposes as a full-time
342equivalent student in the program for which the child is
343reenrolled.
344
345A child may reenroll only once in a prekindergarten program
346under this section. A child who reenrolls in a prekindergarten
347program under this subsection may not subsequently withdraw from
348the program and reenroll. The Agency for Workforce Innovation
349shall establish criteria specifying whether a good cause exists
350for a child to withdraw from a program under paragraph (a),
351whether a child has substantially completed a program under
352paragraph (b), and whether an extreme hardship exists which is
353beyond the child's or parent's control under paragraph (b).
354     Section 20.  Paragraph (d) of subsection (2) of section
3551002.73, Florida Statutes, is redesignated as paragraph (e) and
356a new paragraph (d) is added to that subsection to read:
357     1002.73  Department of Education; powers and duties;
358accountability requirements.--
359     (2)  The department shall adopt procedures for the
360department's:
361     (d)  Development, in consultation with the Agency for
362Workforce Innovation, of the form or format for recording a
363child's eligibility for early intervention services under s.
3641002.66(1)(b).
365     Section 21.  Paragraphs (a) and (f) of subsection (2) of
366section 1002.75, Florida Statutes, are amended to read:
367     1002.75  Agency for Workforce Innovation; powers and
368duties; operational requirements.--
369     (2)  The Agency for Workforce Innovation shall adopt
370procedures governing the administration of the Voluntary
371Prekindergarten Education Program by the early learning
372coalitions and school districts for:
373     (a)  Enrolling children in and determining the eligibility
374of children for the Voluntary Prekindergarten Education Program
375under ss. 1002.53 and 1002.66 s. 1002.53.
376     (f)  Paying private prekindergarten providers, and public
377schools, and early intervention service providers under ss.
3781002.66 and 1002.71 s. 1002.71.
379     Section 22.  Effective upon this act becoming a law,
380section 1004.55, Florida Statutes, is amended to read:
381     1004.55  Regional autism Centers for Autism and Related
382Disabilities.--
383     (1)  Seven regional autism Centers for Autism and Related
384Disabilities are established to provide nonresidential resource
385and training services for:
386     (a)  Children younger than 5 years of age who have:
387     1.  An autism spectrum disorder; a genetic or metabolic
388disorder; a neurological disorder; a severe attachment disorder;
389a hearing impairment, including deafness; a visual impairment,
390including blindness; or dual sensory impairment; or
391     2.  A developmental delay in cognition; physical or motor
392development, including hearing or vision; communication; social
393or emotional development; or adaptive development.
394     (b)  Persons 5 years of age or older who have an autism
395spectrum disorder or a severe communication disorder persons of
396all ages and of all levels of intellectual functioning who have
397autism, as defined in s. 393.063; who have a pervasive
398developmental disorder that is not otherwise specified; who have
399an autistic-like disability; who have a dual sensory impairment;
400or who have a sensory impairment with other handicapping
401conditions.
402     (2)  Each center shall be operationally and fiscally
403independent and shall provide services within its geographical
404region of the state. Service delivery shall be consistent for
405all centers. Each center shall coordinate services within and
406between state and local agencies and school districts but may
407not duplicate services provided by those agencies or school
408districts. The respective locations and service areas of the
409centers are:
410     (a)  The Department of Communication Disorders at Florida
411State University, which serves Bay, Calhoun, Escambia, Franklin,
412Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
413Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, and
414Washington Counties.
415     (b)  The College of Medicine at the University of Florida,
416which serves Alachua, Bradford, Citrus, Columbia, Dixie,
417Gilchrist, Hamilton, Hernando, Lafayette, Levy, Marion, Putnam,
418Suwannee, and Union Counties.
419     (c)  The University of Florida Health Science Center at
420Jacksonville, which serves Baker, Clay, Duval, Flagler, Nassau,
421and St. Johns Counties.
422     (d)  The Louis de la Parte Florida Mental Health Institute
423at the University of South Florida, which serves Charlotte,
424Collier, DeSoto, Glades, Hardee, Hendry, Highlands,
425Hillsborough, Lee, Manatee, Pasco, Pinellas, Polk, and Sarasota
426Counties.
427     (e)  The Mailman Center for Child Development and the
428Department of Psychology at the University of Miami, which
429serves Broward, Dade, and Monroe Counties.
430     (f)  The College of Health and Public Affairs at the
431University of Central Florida, which serves Brevard, Lake,
432Orange, Osceola, Seminole, Sumter, and Volusia Counties.
433     (g)  The Department of Exceptional Student Education at
434Florida Atlantic University, which serves Palm Beach, Martin,
435St. Lucie, Okeechobee, and Indian River Counties.
436     (3)(2)  There is established for each center a constituency
437board, which shall work collaboratively with the center. Each
438board shall consist of no fewer than six members, each of whom
439is either an individual who has an autism spectrum disorder or
440another a disability that is described in subsection (1) or is a
441member of a family that includes a person who has such a
442disability, who are selected by each university president from a
443list that has been developed by the Autism Society of Florida
444and other relevant constituency groups that represent persons
445who have an autism spectrum disorder or another disability
446sensory impairments as described in subsection (1). As
447representatives of the center's constituencies, these boards
448shall meet quarterly with the staff of each of the centers to
449provide advice on policies, priorities, and activities. Each
450board shall submit to the university president and to the
451Department of Education an annual report that evaluates the
452activities and accomplishments of its center during the year.
453The board for each center should raise funds equivalent to 2
454percent of the total funds allocated to that center in each
455fiscal year.
456     (4)(3)  To promote statewide planning and coordination, a
457conference must be held annually for staff from each of the
458seven centers and representatives from each center's
459constituency board. The purpose of the conference is to
460facilitate coordination, networking, cross-training, and
461feedback among the staffs and constituency boards of the
462centers.
463     (5)(4)(a)  Each center shall provide:
464     1.  A staff that has expertise in autism spectrum disorder
465and the other disabilities described in subsection (1) autistic-
466like behaviors and in sensory impairments.
467     2.  Individual and direct family assistance in the home,
468community, and school. A center's assistance should not supplant
469other responsibilities of state and local agencies, and each
470school district is responsible for providing an appropriate
471education program for clients of a center who are school age.
472     3.  Technical assistance and consultation services,
473including specific intervention and assistance for a client of
474the center, the client's family, and the school district, and
475any other services that are appropriate.
476     4.  Professional training programs that include developing,
477providing, and evaluating preservice and inservice training in
478state-of-the-art practices for personnel who work with the
479populations served by the centers and their families.
480     5.  Public education programs to increase awareness of the
481public about autism spectrum disorder and the other disabilities
482described in subsection (1), autistic-related disabilities of
483communication and behavior, dual sensory impairments, and
484sensory impairments with other handicapping conditions.
485     6.  Coordination of regional learning gateways established
486in accordance with s. 1006.80.
487     7.  Approval of early intervention service providers for
488prekindergarten programs for children with disabilities in
489accordance with s. 1002.66.
490     (b)  Effective October 1, 2008, a center that is not
491designated a medical model for the treatment of autism spectrum
492disorder under s. 1006.82 may not provide direct medical
493intervention or pharmaceutical intervention is prohibited in any
494center on or after July 1, 2008.
495     (6)(5)  The State Board of Education, in cooperation with
496the regional autism Centers for Autism and Related Disabilities,
497shall adopt the necessary rules to carry out the purposes of
498this section.
499     Section 23.  Effective upon this act becoming a law,
500subsection (1), paragraph (b) of subsection (2), and subsections
501(3) and (4) of section 1006.03, Florida Statutes, are amended to
502read:
503     1006.03  Florida Diagnostic and Learning Resources System;
504regional resource centers.--
505     (1)  The department shall maintain the Florida Diagnostic
506and Learning Resources System, which shall be comprised of a
507network of regional diagnostic and learning resources resource
508centers for exceptional students. The regional centers shall, to
509assist in the provision of medical, physiological,
510psychological, and educational testing and other services
511designed to evaluate and diagnose exceptionalities, to make
512referrals for necessary instruction and services, and to
513facilitate the provision of instruction and services to
514exceptional students. The department shall cooperate with the
515Department of Children and Family Services and the Centers for
516Autism and Related Disabilities in identifying service needs and
517areas.
518     (2)  Within its identified service area, each regional
519center shall:
520     (b)  Assist in the provision of services for exceptional
521children, using to the maximum, but not supplanting, the
522existing facilities and services of each school district.
523     (3)  Regional diagnostic and learning resources resource
524centers may provide testing and evaluation services to private
525school students and other children who are not enrolled in
526public schools.
527     (4)  Regional diagnostic and learning resources resource
528centers may assist districts in providing testing and evaluation
529services for infants and preschool children with or at risk of
530developing disabilities, and may assist districts in providing
531interdisciplinary training and resources to parents of infants
532and preschool children with or at risk of developing
533disabilities and to early learning school readiness programs.
534     Section 24.  Effective upon this act becoming a law, part
535III of chapter 1006, Florida Statutes, shall be entitled
536"Learning Gateway" and shall consist of sections 1006.80 and
5371006.82, Florida Statutes.
538     Section 25.  Effective upon this act becoming a law,
539section 1006.80, Florida Statutes, is created to read:
540     1006.80  Regional learning gateways.--The Centers for
541Autism and Related Disabilities established under s. 1004.55, in
542collaboration with the Department of Education and the Florida
543Diagnostic and Learning Resources System, shall establish a
544statewide system of learning gateways. The system must include
545the establishment of a learning gateway in the geographic region
546of each center. Each region's leaning gateway shall:
547     (1)  Establish a single point of access for referral to the
548appropriate agencies for the screening and assessment of
549children younger than 5 years of age for disabilities,
550conducting diagnostic evaluations for children with suspected
551disabilities, and referring children with disabilities for early
552intervention services and early learning programs.
553     (2)  Designate a central telephone number in the center's
554region, and an Internet website, for parents, practitioners, and
555providers to obtain information about services available through
556the learning gateway, screenings, assessments, diagnostic
557evaluations, early intervention services, and early learning
558programs for children with disabilities.
559     (3)  Provide followup contact for families whose children
560are determined ineligible for services under Part B or Part C of
561the federal Individuals with Disabilities Education Act.
562     (4)  Provide interagency coordination in the center's
563region among the regional offices of state agencies, including
564offices of the Division of Children's Medical Services Network
565of the Department of Health; regional diagnostic and learning
566resources centers; diagnostic and learning resources centers at
567state universities; school districts; early learning coalitions;
568county and municipal agencies; community agencies and
569organizations; and public and private providers of early
570intervention services and early learning programs, in order to
571develop and implement strategies to reduce a child's waiting
572time for services, reduce interagency duplication, and reduce
573interagency differences in eligibility criteria for services and
574programs which cause cross-agency screenings, assessments, and
575diagnostic evaluations.
576     (5)  Facilitate the integration of services, linkages among
577providers, and the array of services required to address the
578needs of children and families.
579     (6)  Improve community awareness and education for parents
580and practitioners about the developmental milestones, and the
581warning signs or precursors of disabilities, exhibited by
582children younger than 5 years of age.
583     (7)  Provide training and technical assistance for parents,
584practitioners, and providers.
585     Section 26.  Effective upon this act becoming a law,
586section 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,
589which is assigned to the Department of Education for
590administrative purposes. The council is composed of the
591following agency heads, and officers of the following
592organizations, 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
600resources center appointed by the Commissioner of Education.
601     (h)  The director of a diagnostic and learning resources
602center at a state university, selected from among the directors
603of 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
607Analysis.
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
611members. An executive director of a Center for Autism and
612Related Disabilities, selected from among the executive
613directors of the centers, shall serve as the council's executive
614director.
615     (3)(a)  The council shall coordinate the statewide
616implementation of regional learning gateways and shall advise
617the Legislature, the Governor, and the agencies represented by
618the council's members on the system of regional learning
619gateways.
620     (b)  Each Center for Autism and Related Disabilities shall
621submit an implementation plan to the council for the region's
622learning gateway by January 15, 2009. The plan must include the
623center's proposed expenditures for implementation of the
624regional learning gateway.
625     (c)  The council may designate a Center for Autism and
626Related Disabilities on the main campus, or at any branch campus
627or center, of the University of Florida, as a medical model for
628the treatment of autism spectrum disorder, if the center
629demonstrates a unique community need for such treatment in the
630center's region. A center designated as a medical model shall,
631by October 1 of each year, submit an annual report to the
632council. Each annual report must summarize the center's
633activities related to the treatment of autism spectrum disorder,
634including the center's expenditures for those services, for the
635prior state fiscal year.
636     (4)(a)  The agencies represented by the council's
637membership shall enter into an interagency agreement to provide
638staffing and administrative support for the council.
639     (b)  Members of the council shall serve without
640compensation but are entitled to per diem and travel expenses
641for required attendance at council meetings in accordance with
642the provisions of s. 112.061. Each council member is subject to
643the Code of Ethics for Public Officers and Employees under part
644III of chapter 112.
645     (5)(a)  The council may use any method of
646telecommunications to conduct meetings, including establishing a
647quorum through telecommunications, if the public is given proper
648notice of a telecommunications meeting and reasonable access to
649observe and, when appropriate, participate.
650     (b)  The council appointments shall be made, and the
651council shall conduct its initial meeting, within 45 days after
652the effective date of this section.
653     Section 27.  Effective upon this act becoming a law,
654sections 411.226, 411.227, and 411.228, Florida Statutes, are
655repealed.
656     Section 28.  Except as otherwise expressly provided in this
657act, this act shall take effect July 1, 2008.
658
659
660
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661
T I T L E  A M E N D M E N T
662     Remove line 929 and insert:
663disabilities compact; amending s. 1002.39, F.S., relating to the
664John M. McKay Scholarships for Students with Disabilities
665Program; revising the terminology used to identify students with
666certain disabilities; authorizing students who receive certain
667services under the Voluntary Prekindergarten Education Program
668to receive a John M. McKay Scholarship; conforming cross-
669references; permitting students to receive scholarship services
670at locations other than the private school's site under
671specified conditions; providing retroactive eligibility for
672scholarships under certain circumstances; amending s. 1002.51,
673F.S.; revising definitions for the Voluntary Prekindergarten
674Education Program; amending s. 1002.53 and creating s. 1002.66,
675F.S.; establishing a prekindergarten program option for early
676intervention services; providing eligibility criteria for early
677intervention services; requiring the Department of Education to
678develop forms; providing for the approval of early intervention
679service providers; authorizing the expenditure of funds for
680early intervention services; amending s. 1002.71, F.S.;
681authorizing a child participating in a prekindergarten program
682for children with disabilities to reenroll in another program
683option under certain conditions; amending ss. 1002.73 and
6841002.75, F.S.; revising the powers and duties of the Department
685of Education and Agency for Workforce Innovation for
686prekindergarten programs; amending s. 1004.55, F.S.;
687redesignating regional autism centers as Centers for Autism and
688Related Disabilities; revising terminology and duties of the
689regional autism centers; revising date that regional autism
690centers are prohibited from providing direct medical
691intervention or pharmaceutical intervention and providing an
692exception for a center designated a medical model by the State
693Learning Gateway Council; amending s. 1006.03, F.S.; requiring
694the Department of Education to maintain the Florida Diagnostic
695and Learning Resources System; revising duties of regional
696diagnostic and learning resources centers; creating part III of
697chapter 1006, F.S., relating to the Learning Gateway; creating
698s. 1006.80, F.S.; requiring Centers for Autism and Related
699Disabilities to establish a statewide system of learning
700gateways; specifying functions of learning gateways; creating s.
7011006.82, F.S.; establishing the State Learning Gateway Council;
702assigning the council to the Department of Education for
703administrative purposes; specifying the membership of the
704council; providing for selection of the council's chair and
705executive director; prescribing the council's duties; requiring
706the Centers for Autism and Related Disabilities to submit an
707implementation plan by a specified date; authorizing the council
708to designate a center at the University of Florida as a medical
709model under certain circumstances; requiring a center designated
710as a medical model to submit an annual report; repealing ss.
711411.226, 411.227, and 411.228, F.S., relating to the Learning
712Gateway, components of the Learning Gateway, and accountability;
713providing effective dates.


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