Florida Senate - 2008 CS for SB 2700
By the Committee on Higher Education; and Senator Wise
589-07014-08 20082700c1
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A bill to be entitled
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An act relating to students with disabilities; amending
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relating to charter schools, the John M. McKay
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Scholarships for Students with Disabilities Program,
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definitions, and special high school graduation
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requirements; revising the terminology used to identify
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students with certain disabilities; amending s. 1003.21,
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F.S., relating to school attendance; revising the
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terminology used to identify students with certain
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disabilities; authorizing the State Board of Education to
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adopt rules relating to the eligibility of certain
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children with disabilities for admission to special
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programs and related services; removing the authority of
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district school boards to adopt such rules; amending ss.
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postsecondary education; revising the terminology used to
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identify students with intellectual, emotional, or
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behavioral disabilities; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (f) of subsection (10) of section
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1002.33, Florida Statutes, is amended to read:
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1002.33 Charter schools.--
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(10) ELIGIBLE STUDENTS.--
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(f) Students with disabilities handicapping conditions and
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students served in English for Speakers of Other Languages
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programs shall have an equal opportunity of being selected for
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enrollment in a charter school.
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Section 2. Subsection (1) of section 1002.39, Florida
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Statutes, is amended to read:
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1002.39 The John M. McKay Scholarships for Students with
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Disabilities Program.--There is established a program that is
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separate and distinct from the Opportunity Scholarship Program
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and is named the John M. McKay Scholarships for Students with
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Disabilities Program.
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(1) THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
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DISABILITIES PROGRAM.--The John M. McKay Scholarships for
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Students with Disabilities Program is established to provide the
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option to attend a public school other than the one to which
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assigned, or to provide a scholarship to a private school of
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choice, for students with disabilities for whom an individual
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educational education plan has been written in accordance with
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rules of the State Board of Education. Students with disabilities
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include K-12 students who are documented as having an
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intellectual disability a mental handicap, including trainable,
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profound, or educable; a speech impairment; a or language
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impairment; a hearing impairment, including deafness; a visual
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impairment, including blindness; a dual sensory impairment; an
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orthopedic a physical impairment; an other health impairment; a
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serious emotional disturbance, including an emotional or
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behavioral disability handicap; a specific learning disability,
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including, but not limited to, dyslexia, dyscalculia, or
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developmental aphasia; a traumatic brain injury; a developmental
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delay; or autism spectrum disorder.
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Section 3. Paragraph (a) of subsection (3) of section
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1003.01, Florida Statutes, is amended to read:
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1003.01 Definitions.--As used in this chapter, the term:
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(3)(a) "Exceptional student" means any student who has been
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determined eligible for a special program in accordance with
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rules of the State Board of Education. The term includes students
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who are gifted and students with disabilities who have an
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intellectual disability; autism spectrum disorder; a speech
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impairment; a language impairment; an orthopedic impairment; an
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other health impairment; traumatic brain injury; a visual
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impairment; an emotional or behavioral disability; or a specific
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learning disability, including, but not limited to, dyslexia,
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dyscalculia, or developmental aphasia; students who are deaf or
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hard of hearing or dual sensory impaired; students who are
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hospitalized or homebound; children with developmental delays are
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mentally handicapped, speech and language impaired, deaf or hard
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of hearing, visually impaired, dual sensory impaired, physically
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impaired, emotionally handicapped, specific learning disabled,
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hospital and homebound, autistic, developmentally delayed
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children, ages birth through 5 years, or children, ages birth
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through 2 years, with established conditions that are identified
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in State Board of Education rules pursuant to s. 1003.21(1)(e).
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Section 4. Paragraph (e) of subsection (1) of section
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1003.21, Florida Statutes, is amended to read:
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1003.21 School attendance.--
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(1)
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(e) Consistent with rules adopted by the State Board of
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Education, children with disabilities who have attained the age
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of 3 years shall be eligible for admission to public special
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education programs and for related services under rules adopted
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by the district school board. Exceptional Children with
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disabilities younger than 3 years of age who are deaf or hard of
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hearing;, visually impaired;, dual sensory impaired;
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orthopedically impaired; other health impaired; who have
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experienced traumatic brain injury;, severely physically
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handicapped, trainable mentally handicapped, or profoundly
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handicapped, or who have autism spectrum disorder; established
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conditions, or who exhibit developmental delays or intellectual
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disabilities, below age 3 may be eligible for special programs
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and may receive services in accordance with rules of the State
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Board of Education; or, if enrolled in other school readiness
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programs, they may be eligible for supplemental instruction.
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Rules for the identification of established conditions for
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children birth through 2 years of age and developmental delays
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for children birth through 5 years of age must be adopted by the
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State Board of Education.
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Section 5. Section 1003.438, Florida Statutes, is amended
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to read:
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1003.438 Special high school graduation requirements for
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certain exceptional students.--A student who has been identified
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properly classified, in accordance with rules established by the
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State Board of Education, as a student with disabilities who has
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an intellectual disability; an autism spectrum disorder; a
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language impairment; an orthopedic impairment; an other health
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impairment; a traumatic brain injury; an emotional or behavioral
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disability; a specific learning disability, including, but not
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limited to, dyslexia, dyscalculia, or developmental aphasia; or
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students who are deaf or hard of hearing or dual sensory impaired
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"educable mentally handicapped," "trainable mentally
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handicapped," "hearing impaired," "specific learning disabled,"
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"physically or language impaired," or "emotionally handicapped"
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shall not be required to meet all requirements of s. 1003.43 or
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s. 1003.428 and shall, upon meeting all applicable requirements
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prescribed by the district school board pursuant to s. 1008.25,
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be awarded a special diploma in a form prescribed by the
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commissioner; however, such special graduation requirements
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prescribed by the district school board must include minimum
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graduation requirements as prescribed by the commissioner. Any
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such student who meets all special requirements of the district
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school board for exceptionality, but is unable to meet the
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appropriate special state minimum requirements, shall be awarded
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a special certificate of completion in a form prescribed by the
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commissioner. A student who has been properly classified as
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"profoundly handicapped" and who meets the special requirements
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of the district school board for a special diploma in accordance
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with requirements for any exceptional student identified in this
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section shall be awarded a special diploma; however, such a
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student shall alternatively be eligible for a special certificate
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of completion, in a form prescribed by the commissioner, if all
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school requirements for students who are "profoundly handicapped"
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have been met. However, this section does not limit or restrict
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the right of an exceptional student solely to a special diploma
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or special certificate of completion. Any such student shall,
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upon proper request, be afforded the opportunity to fully meet
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standard procedures established therein and thereby to qualify
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for a standard diploma upon graduation.
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Section 6. Subsection (2) of section 1007.02, Florida
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Statutes, is amended to read:
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1007.02 Access to postsecondary education and meaningful
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careers for students with disabilities; popular name;
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definition.--
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(2) For the purposes of this act, the term "student with a
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disability" means any student who is documented as having an
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intellectual disability mental retardation; a hearing impairment,
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including deafness; a speech or language impairment; a visual
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impairment, including blindness; an emotional or behavioral
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disability a serious emotional disturbance, including an
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emotional handicap; an orthopedic or other health impairment; an
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autism spectrum disorder; a traumatic brain injury; or a specific
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learning disability, including, but not limited to, dyslexia,
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dyscalculia, or developmental aphasia.
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Section 7. Section 1007.264, Florida Statutes, is amended
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to read:
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1007.264 Persons with disabilities Impaired and learning
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disabled persons; admission to postsecondary educational
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institutions; substitute requirements; rules.--
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(1) Any student with a disability, as defined in s.
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1007.02(2), except those students who have been documented as
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having intellectual disabilities mental retardation, shall be
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eligible for reasonable substitution for any requirement for
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admission into a public postsecondary educational institution
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where documentation can be provided that the person's failure to
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meet the admission requirement is related to the disability.
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(2) The State Board of Education, in consultation with the
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Board of Governors, shall adopt rules to implement this section
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for community colleges and shall develop substitute admission
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requirements where appropriate.
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(3) The Board of Governors, in consultation with the State
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Board of Education, shall adopt rules to implement this section
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for state universities and shall develop substitute admission
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requirements where appropriate.
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Section 8. Section 1007.265, Florida Statutes, is amended
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to read:
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1007.265 Persons with disabilities Impaired and learning
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disabled persons; graduation, study program admission, and upper-
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division entry; substitute requirements; rules.--
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(1) Any student with a disability, as defined in s.
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1007.02(2), in a public postsecondary educational institution,
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except those students who have been documented as having
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intellectual disabilities mental retardation, shall be eligible
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for reasonable substitution for any requirement for graduation,
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for admission into a program of study, or for entry into the
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upper division where documentation can be provided that the
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person's failure to meet the requirement is related to the
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disability and where failure to meet the graduation requirement
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or program admission requirement does not constitute a
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fundamental alteration in the nature of the program.
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(2) The State Board of Education, in consultation with the
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Board of Governors, shall adopt rules to implement this section
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for community colleges and shall develop substitute requirements
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where appropriate.
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(3) The Board of Governors, in consultation with the State
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Board of Education, shall adopt rules to implement this section
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for state universities and shall develop substitute requirements
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where appropriate.
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Section 9. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.