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 |
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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 |
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659 |
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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. |