HB 1385

1
A bill to be entitled
2An act relating to children with disabilities; amending s.
3393.063, F.S.; redefining the term "developmental
4disability" and defining the term "Down syndrome";
5creating s. 456.0291, F.S.; requiring certain licensing
6boards to require continuing education on developmental
7disabilities for certain licensees and certificateholders;
8providing course content; providing penalties; providing
9rulemaking authority; requiring the Department of Health
10to develop and implement a plan to promote awareness of
11developmental disabilities; amending s. 627.6686, F.S.;
12providing health insurance coverage for individuals with
13developmental disabilities; amending s. 641.31098, F.S.;
14providing coverage under a health maintenance contract for
15individuals with developmental disabilities; amending s.
161002.39, F.S., relating to the John M. McKay Scholarships
17for Students with Disabilities Program; authorizing
18students who receive certain services under the Voluntary
19Prekindergarten Education Program to receive a John M.
20McKay Scholarship; conforming cross-references; requiring
21a private school to refund scholarship payment under
22certain circumstances; permitting students to receive
23scholarship services at locations other than the private
24school's site under specified conditions; providing
25retroactive eligibility for scholarships under certain
26circumstances; amending s. 1002.51, F.S.; revising
27definitions for the Voluntary Prekindergarten Education
28Program; amending s. 1002.53 and creating s. 1002.66,
29F.S.; establishing a prekindergarten program option for
30children with disabilities; providing eligibility criteria
31for early intervention services; providing for the
32approval of early intervention service providers;
33authorizing the expenditure of funds for early
34intervention services; amending s. 1002.71, F.S.;
35authorizing a child participating in a prekindergarten
36program for children with disabilities to reenroll in
37another program option under certain conditions; amending
38s. 1002.75, F.S.; revising the powers and duties of the
39Agency for Workforce Innovation for prekindergarten
40programs; providing an effective date.
41
42Be It Enacted by the Legislature of the State of Florida:
43
44     Section 1.  Present subsections (13) through (40) of
45section 393.063, Florida Statutes, are renumbered as subsections
46(14) through (41), respectively, subsection (9) of that section
47is amended, and a new subsection (13) is added to that section,
48to read:
49     393.063  Definitions.--For the purposes of this chapter,
50the term:
51     (9)  "Developmental disability" means a disorder or
52syndrome that is attributable to retardation, cerebral palsy,
53autism, spina bifida, Down syndrome, or Prader-Willi syndrome;
54that manifests before the age of 18; and that constitutes a
55substantial handicap that can reasonably be expected to continue
56indefinitely.
57     (13)  "Down syndrome" means a disorder caused by the
58presence of an extra chromosome 21 and characterized by mental
59retardation and distinguishing physical features.
60     Section 2.  Section 456.0291, Florida Statutes, is created
61to read:
62     456.0291  Instruction on developmental disabilities.--
63     (1)  The appropriate board shall require each person
64licensed or certified under chapter 458, chapter 459, part I of
65chapter 464, chapter 490, or chapter 491 to complete a 2-hour
66continuing education course, approved by the board, on
67developmental disabilities, as defined in s. 393.063, with the
68addition of autism spectrum disorder, as part of every third
69biennial relicensure or recertification.
70     (a)  The course shall consist of information on the
71diagnosis and treatment of developmental disabilities and
72information on counseling and education of a parent whose child
73is diagnosed with a developmental disability, with an emphasis
74on autism spectrum disorder.
75     (b)  Each such licensee or certificateholder shall submit
76confirmation of having completed the course, on a form provided
77by the board, when submitting fees for every third biennial
78renewal.
79     (c)  The board may approve additional equivalent courses
80that may be used to satisfy the requirements of this section.
81Each licensing board that requires a licensee to complete an
82educational course pursuant to this subsection may include the
83hours required for completion of the course in the total hours
84of continuing education required for such profession unless the
85continuing education requirements for such profession is less
86than 30 hours biennially.
87     (d)  Any person holding two or more licenses subject to the
88provisions of this subsection may show proof of having taken one
89board-approved course on developmental disabilities for purposes
90of relicensure or recertification for any additional licenses.
91     (e)  Failure to comply with the requirements of this
92subsection constitutes grounds for disciplinary action under
93each respective practice act and under s. 456.072(1)(k). In
94addition to any discipline imposed, the licensee must complete
95the course.
96     (2)  Each board may adopt rules to carry out the provisions
97of this section.
98     (3)  The department shall implement a plan to promote
99awareness of developmental disabilities, with a focus on autism
100spectrum disorder, to physicians licensed under chapter 458 or
101chapter 459 and parents. The department shall develop the plan
102in consultation with organizations representing allopathic and
103osteopathic physicians, the Board of Medicine, the Board of
104Osteopathic Medicine, and nationally recognized organizations
105that promote awareness of developmental disabilities. The
106department's plan must include the distribution of educational
107materials for parents, including a developmental assessment
108tool.
109     Section 3.  Subsection (2) and (3) of section 627.6686,
110Florida Statutes, are amended to read:
111     627.6686  Coverage for individuals with autism spectrum
112disorder required; exception.--
113     (2)  As used in this section, the term:
114     (a)  "Applied behavior analysis" means the design,
115implementation, and evaluation of environmental modifications,
116using behavioral stimuli and consequences, to produce socially
117significant improvement in human behavior, including, but not
118limited to, the use of direct observation, measurement, and
119functional analysis of the relations between environment and
120behavior.
121     (b)  "Autism spectrum disorder" means any of the following
122disorders as defined in the most recent edition of the
123Diagnostic and Statistical Manual of Mental Disorders of the
124American Psychiatric Association:
125     1.  Autistic disorder.
126     2.  Asperger's syndrome.
127     3.  Pervasive developmental disorder not otherwise
128specified.
129     (c)  "Developmental disability" has the same meaning as in
130s. 393.063.
131     (d)(c)  "Eligible individual" means an individual under 18
132years of age or an individual 18 years of age or older who is in
133high school and who has been diagnosed as having a developmental
134disability at 8 years of age or younger.
135     (e)(d)  "Health insurance plan" means a group health
136insurance policy or group health benefit plan offered by an
137insurer which includes the state group insurance program
138provided under s. 110.123. The term does not include any health
139insurance plan offered in the individual market, any health
140insurance plan that is individually underwritten, or any health
141insurance plan provided to a small employer.
142     (f)(e)  "Insurer" means an insurer providing health
143insurance coverage, which is licensed to engage in the business
144of insurance in this state and is subject to insurance
145regulation.
146     (3)  A health insurance plan issued or renewed on or after
147April 1, 2009, shall provide coverage to an eligible individual
148for:
149     (a)  Well-baby and well-child screening for diagnosing the
150presence of autism spectrum disorder or other developmental
151disabilities.
152     (b)  Treatment of autism spectrum disorder or other
153developmental disabilities through speech therapy, occupational
154therapy, physical therapy, and applied behavior analysis.
155Applied behavior analysis services shall be provided by an
156individual certified pursuant to s. 393.17 or an individual
157licensed under chapter 490 or chapter 491.
158     Section 4.  Subsections (2) and (3) of section 641.31098,
159Florida Statutes, are amended to read:
160     641.31098  Coverage for individuals with developmental
161disabilities.--
162     (2)  As used in this section, the term:
163     (a)  "Applied behavior analysis" means the design,
164implementation, and evaluation of environmental modifications,
165using behavioral stimuli and consequences, to produce socially
166significant improvement in human behavior, including, but not
167limited to, the use of direct observation, measurement, and
168functional analysis of the relations between environment and
169behavior.
170     (b)  "Autism spectrum disorder" means any of the following
171disorders as defined in the most recent edition of the
172Diagnostic and Statistical Manual of Mental Disorders of the
173American Psychiatric Association:
174     1.  Autistic disorder.
175     2.  Asperger's syndrome.
176     3.  Pervasive developmental disorder not otherwise
177specified.
178     (c)  "Developmental disability" has the same meaning as in
179s. 393.063.
180     (d)(c)  "Eligible individual" means an individual under 18
181years of age or an individual 18 years of age or older who is in
182high school who has been diagnosed as having a developmental
183disability at 8 years of age or younger.
184     (e)(d)  "Health maintenance contract" means a group health
185maintenance contract offered by a health maintenance
186organization. This term does not include a health maintenance
187contract offered in the individual market, a health maintenance
188contract that is individually underwritten, or a health
189maintenance contract provided to a small employer.
190     (3)  A health maintenance contract issued or renewed on or
191after April 1, 2009, shall provide coverage to an eligible
192individual for:
193     (a)  Well-baby and well-child screening for diagnosing the
194presence of autism spectrum disorder or other developmental
195disability.
196     (b)  Treatment of autism spectrum disorder or other
197developmental disability through speech therapy, occupational
198therapy, physical therapy, and applied behavior analysis
199services. Applied behavior analysis services shall be provided
200by an individual certified pursuant to s. 393.17 or an
201individual licensed under chapter 490 or chapter 491.
202     Section 5.  Subsection (2), paragraph (h) of subsection
203(3), paragraph (a) of subsection (4), paragraph (d) of
204subsection (8), and subsection (10) of section 1002.39, Florida
205Statutes, are amended, present subsections (11), (12), and (13)
206of that section are renumbered as subsections (12), (13), and
207(14), respectively, and new subsection (11) is added to that
208section, to read:
209     1002.39  The John M. McKay Scholarships for Students with
210Disabilities Program.--There is established a program that is
211separate and distinct from the Opportunity Scholarship Program
212and is named the John M. McKay Scholarships for Students with
213Disabilities Program.
214     (2)  JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.--The parent of
215a public school student with a disability who is dissatisfied
216with the student's progress may request and receive from the
217state a John M. McKay Scholarship for the child to enroll in and
218attend a private school in accordance with this section if:
219     (a)  The student has:
220     1.  Received early intervention services under the
221Voluntary Prekindergarten Education Program pursuant to s.
2221002.66 during the previous school year, and the student has a
223current individual educational plan developed in accordance with
224rules of the State Board of Education; or
225     2.  Spent the prior school year in attendance at a Florida
226public school or the Florida School for the Deaf and the Blind.
227For purposes of this subparagraph, prior school year in
228attendance means that the student was:
229     1.  enrolled and reported by:
230     a.  A school district for funding during the preceding
231October and February Florida Education Finance Program surveys
232in kindergarten through grade 12, which includes shall include
233time spent in a Department of Juvenile Justice commitment
234program if funded under the Florida Education Finance Program;
235     b.2.  Enrolled and reported by The Florida School for the
236Deaf and the Blind during the preceding October and February
237student membership surveys in kindergarten through grade 12; or
238     c.3.  Enrolled and reported by A school district for
239funding during the preceding October and February Florida
240Education Finance Program surveys, was at least 4 years old when
241so enrolled and reported, and was eligible for services under s.
2421003.21(1)(e).
243
244However, a dependent child of a member of the United States
245Armed Forces who transfers to a school in this state from out of
246state or from a foreign country due to pursuant to a parent's
247permanent change of station orders is exempt from this paragraph
248but must meet all other eligibility requirements to participate
249in the program.
250     (b)  The parent has obtained acceptance for admission of
251the student to a private school that is eligible for the program
252under subsection (8) and has requested from the department a
253scholarship at least 60 days before prior to the date of the
254first scholarship payment. The request must be communicated
255through a communication directly to the department in a manner
256that creates a written or electronic record of the request and
257the date of receipt of the request. The department of Education
258must notify the district of the parent's intent upon receipt of
259the parent's request.
260     (3)  JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.--A student is
261not eligible for a John M. McKay Scholarship while he or she is:
262     (h)  Not having regular and direct contact with his or her
263private school teachers at the school's physical location,
264except as provided in subsection (11).
265     (4)  TERM OF JOHN M. MCKAY SCHOLARSHIP.--
266     (a)  For purposes of continuity of educational choice, a
267John M. McKay Scholarship remains shall remain in force until
268the student enrolls in returns to a public school, graduates
269from high school, or reaches the age of 22, whichever occurs
270first.
271     (8)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be
272eligible to participate in the John M. McKay Scholarships for
273Students with Disabilities Program, a private school may be
274sectarian or nonsectarian and must:
275     (d)  Maintain in this state a physical location where a
276scholarship student regularly attends classes or where the
277school provides case management services pursuant to subsection
278(11).
279
280The inability of a private school to meet the requirements of
281this subsection shall constitute a basis for the ineligibility
282of the private school to participate in the scholarship program
283as determined by the department.
284     (10)  JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.--
285     (a)1.  The maximum scholarship granted for an eligible
286student with disabilities shall be a calculated amount
287equivalent to the base student allocation in the Florida
288Education Finance Program multiplied by the appropriate cost
289factor for the educational program that would have been provided
290for the student in the district school to which he or she was
291assigned, multiplied by the district cost differential.
292     2.  In addition, a share of the guaranteed allocation for
293exceptional students shall be determined and added to the
294calculated amount in subparagraph 1. The calculation shall be
295based on the methodology and the data used to calculate the
296guaranteed allocation for exceptional students for each district
297in chapter 2000-166, Laws of Florida. Except as provided in
298subparagraphs 3. and 4., the calculation shall be based on the
299student's grade, matrix level of services, and the difference
300between the 2000-2001 basic program and the appropriate level of
301services cost factor, multiplied by the 2000-2001 base student
302allocation and the 2000-2001 district cost differential for the
303sending district. Also, The calculated amount shall also include
304the per-student share of supplemental academic instruction
305funds, instructional materials funds, technology funds, and
306other categorical funds as provided for such purposes in the
307General Appropriations Act.
308     3.  The calculated scholarship amount for a student who is
309eligible under sub-subparagraph (2)(a)2.b. subparagraph (2)(a)2.
310shall be calculated as provided in subparagraphs 1. and 2.
311However, the calculation shall be based on the school district
312in which the parent resides at the time of the scholarship
313request.
314     4.  Until the school district completes the matrix required
315by paragraph (5)(b), the calculation shall be based on the
316matrix that assigns the student to support level I of service as
317it existed prior to the 2000-2001 school year. When the school
318district completes the matrix, the amount of the payment shall
319be adjusted as needed.
320     (b)  The amount of the John M. McKay Scholarship shall be
321the calculated amount or the amount of the private school's
322tuition and fees, whichever is less. The amount of any
323assessment fee required by the participating private school may
324be paid from the total amount of the scholarship.
325     (c)1.  The school district shall report all students who
326are attending a private school under this program. The students
327with disabilities attending private schools on John M. McKay
328Scholarships shall be reported separately from other students
329reported for purposes of the Florida Education Finance Program.
330     2.  For program participants who are eligible under sub-
331subparagraph (2)(a)2.b. subparagraph (2)(a)2., the school
332district that is used as the basis for the calculation of the
333scholarship amount as provided in subparagraph (a)3. shall:
334     a.  Report to the department all such students who are
335attending a private school under this program.
336     b.  Be held harmless for such students from the weighted
337enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.b.
338during the first school year in which the students are reported.
339     (d)  Following notification on July 1, September 1,
340December 1, or February 1 of the number of program participants,
341the department shall transfer, from General Revenue funds only,
342the amount calculated under paragraph (b) from the school
343district's total funding entitlement under the Florida Education
344Finance Program and from authorized categorical accounts to a
345separate account for the scholarship program for quarterly
346disbursement to the parents of participating students. Funds may
347not be transferred from any funding provided to the Florida
348School for the Deaf and the Blind for program participants who
349are eligible under sub-subparagraph (2)(a)2.b. subparagraph
350(2)(a)2. For a student exiting a Department of Juvenile Justice
351commitment program who chooses to participate in the scholarship
352program, the amount of the John M. McKay Scholarship calculated
353pursuant to paragraph (b) shall be transferred from the school
354district in which the student last attended a public school
355before prior to commitment to the Department of Juvenile
356Justice. When a student enters the scholarship program, the
357department must receive all documentation required for the
358student's participation, including the private school's and the
359student's fee schedules, at least 30 days before the first
360quarterly scholarship payment is made for the student.
361     (e)  Upon notification by the department that it has
362received the documentation required under paragraph (d), the
363Chief Financial Officer shall make scholarship payments in four
364equal amounts no later than September 1, November 1, February 1,
365and April 1 of each academic year in which the scholarship is in
366force. The initial payment shall be made after department
367verification of admission acceptance, and subsequent payments
368shall be made upon verification of continued enrollment and
369attendance at the private school. Payment must be by individual
370warrant made payable to the student's parent and mailed by the
371department to the private school of the parent's choice, and the
372parent shall restrictively endorse the warrant to the private
373school for deposit into the account of the private school. If
374the student withdraws from the private school, the private
375school shall prorate the unused portion of the scholarship
376payment and refund that amount to the department. If the student
377immediately transfers to another private school, the unused
378amount of the scholarship may be paid to the new school.
379     (f)  Subsequent to each scholarship payment, the department
380shall request from the Department of Financial Services a sample
381of endorsed warrants to review and confirm compliance with
382endorsement requirements.
383     (11)  ALTERNATIVE SITES FOR INSTRUCTION AND SERVICES.--A
384student who is eligible for a scholarship under this section may
385receive regular and direct instruction and services from a
386private school at a site other than the school's physical
387location if the following criteria are met:
388     (a)  The student's parent provides a notarized statement
389from the medical doctor or psychologist treating the student's
390disability which documents that the student's welfare, or the
391welfare of other students in the classroom, will be jeopardized
392if the student is required to regularly attend class at the
393school's physical location. The notarized statement must be:
394     1.  Annually provided to the department at least 60 days
395before the first scholarship payment date for the school year;
396and
397     2.  Based on an annual review of the student's disability
398by the student's medical doctor or psychologist.
399     (b)  The private school serving the student:
400     1.  Employs or contracts with a case manager who
401coordinates and monitors the student's instruction and services,
402reviews and maintains the documentation submitted under
403subparagraph 2., and provides the student's parent and private
404school with monthly reports on the student's progress;
405     2.  Requires private school employees or contracted
406personnel who provide regular and direct instruction or services
407to the student at the alternative site to submit documentation
408of the instruction, services, and progress of the student to the
409case manager; and
410     3.  Notifies the department of each student served pursuant
411to this subsection.
412     (c)  A student who received a scholarship in the 2005-2006
413or 2006-2007 school year under this section, but who was unable
414to receive a scholarship in the 2006-2007 or 2007-2008 school
415year due to the regular and direct contact requirement in
416paragraph (3)(h), is eligible for a scholarship in the 2009-2010
417school year if the student:
418     1.  Demonstrates that he or she would have met the criteria
419in paragraph (a) at the time of his or her 2006-2007 or 2007-
4202008 scholarship; and
421     2.  Except for the prior school year attendance requirement
422in paragraph (2)(a), satisfies the requirements for a
423scholarship under this section.
424     Section 6.  Present subsections (2) through (5) of section
4251002.51, Florida Statutes, are renumbered as subsections (4)
426through (7), respectively, and new subsections (2) and (3) are
427added to that section, to read:
428     1002.51  Definitions.--As used in this part, the term:
429     (2)  "Disability" means any disability listed in the
430definition of exceptional student in s. 1003.01.
431     (3)  "Early intervention service provider" means a provider
432delivering early intervention services under s. 1002.66.
433     Section 7.  Subsections (1) and (3) of section 1002.53,
434Florida Statutes, as amended by section 4 of chapter 2009-3,
435Laws of Florida, are amended to read:
436     1002.53  Voluntary Prekindergarten Education Program;
437eligibility and enrollment.--
438     (1)  There is created the Voluntary Prekindergarten
439Education Program, which. The program shall take effect in each
440county at the beginning of the 2005-2006 school year and shall
441be organized, designed, and delivered in accordance with s. 1(b)
442and (c), Art. IX of the State Constitution.
443     (3)  The parent of each child eligible under subsection (2)
444may enroll the child in one of the following programs:
445     (a)  A school-year prekindergarten program delivered by a
446private prekindergarten provider under s. 1002.55;
447     (b)  A summer prekindergarten program delivered by a public
448school or private prekindergarten provider under s. 1002.61; or
449     (c)  A school-year prekindergarten program delivered by a
450public school; or
451     (d)  Beginning with the 2011-2012 school year, a
452prekindergarten program for children with disabilities, if the
453child has a disability and is eligible for the program under s.
4541002.66.
455
456Except as provided in s. 1002.71(4), a child may not enroll in
457more than one of these programs.
458     Section 8.  Section 1002.66, Florida Statutes, is created
459to read:
460     1002.66  Prekindergarten program for children with
461disabilities.--
462     (1)  Beginning with the 2011-2012 school year, a child with
463a disability who enrolls with the early learning coalition under
464s. 1002.53(3)(d) is eligible for a prekindergarten program of
465early intervention services if:
466     (a)  The child is eligible for the Voluntary
467Prekindergarten Education Program under s. 1002.53.
468     (b)  A current individual educational plan has been
469developed for the child in accordance with rules of the State
470Board of Education.
471     (2)  The parent of a child who is eligible for the
472prekindergarten program for children with disabilities may
473select one or more early intervention services that the child's
474individual educational plan indicates is appropriate for the
475child. These early intervention services may include, but are
476not limited to:
477     (a)  Applied behavior analysis.
478     (b)  Speech-language pathology.
479     (c)  Occupational therapy.
480     (d)  Physical therapy.
481     (3)  The early intervention services provided for a child
482under this section must be delivered according to professionally
483accepted standards and must, in accordance with the performance
484standards adopted by the department under s. 1002.67, address
485the age-appropriate progress of the child in the development of
486the capabilities, capacities, and skills required under s. 1(b),
487Art. IX of the State Constitution.
488     (4)  The department shall approve early intervention
489service providers whose services meet the standards in
490subsection (3), maintain a list of approved providers, and
491notify each school district and early learning coalition of the
492approved provider list. Upon the request of a child's parent,
493the department may approve an early intervention service
494provider that is not on the approved list if the provider's
495services meet the standards in subsection (3) and the child's
496individual educational plan indicates that the services are
497appropriate for the child.
498     (5)  From the funds allocated to the early learning
499coalition for the Voluntary Prekindergarten Education Program,
500the coalition shall reimburse an approved early intervention
501service provider for authorized services provided to an eligible
502child, except that the cumulative total of services reimbursed
503for a child may not exceed the amount of the base student
504allocation provided in the Voluntary Prekindergarten Education
505Program in the General Appropriations Act.
506     Section 9.  Paragraph (a) of subsection (4) of section
5071002.71, Florida Statutes, as amended by chapter 2009-3, Laws of
508Florida, is amended to read:
509     1002.71  Funding; financial and attendance reporting.--
510     (4)  Notwithstanding s. 1002.53(3) and subsection (2):
511     (a)  A child who, for any of the prekindergarten programs
512listed in s. 1002.53(3), has not completed more than 10 percent
513of the hours authorized to be reported for funding under
514subsection (2), or has not expended more than 10 percent of the
515funds authorized for the child under s. 1002.66, may withdraw
516from the program for good cause, reenroll in one of the
517programs, and be reported for funding purposes as a full-time
518equivalent student in the program in for which the child is
519reenrolled. The total funding for a child who reenrolls in one
520of the programs may shall not exceed one full-time equivalent
521student.
522
523A child may reenroll only once in a prekindergarten program
524under this section. A child who reenrolls in a prekindergarten
525program under this subsection may not subsequently withdraw from
526the program and reenroll. The Agency for Workforce Innovation
527shall establish criteria specifying whether a good cause exists
528for a child to withdraw from a program under paragraph (a),
529whether a child has substantially completed a program under
530paragraph (b), and whether an extreme hardship exists which is
531beyond the child's or parent's control under paragraph (b).
532     Section 10.  Paragraphs (a) and (f) of subsection (2) of
533section 1002.75, Florida Statutes, are amended to read:
534     1002.75  Agency for Workforce Innovation; powers and
535duties; operational requirements.--
536     (2)  The Agency for Workforce Innovation shall adopt
537procedures governing the administration of the Voluntary
538Prekindergarten Education Program by the early learning
539coalitions and school districts for:
540     (a)  Enrolling children in and determining the eligibility
541of children for the Voluntary Prekindergarten Education Program
542under ss. 1002.53 and 1002.66 s. 1002.53.
543     (f)  Paying private prekindergarten providers, and public
544schools, and early intervention service providers under ss.
5451002.66 and 1002.71 s. 1002.71.
546     Section 11.  This act shall take effect July 1, 2009.     


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