1 | A bill to be entitled |
2 | An act relating to children with disabilities; amending s. |
3 | 393.063, F.S.; redefining the term "developmental |
4 | disability" and defining the term "Down syndrome"; |
5 | creating s. 456.0291, F.S.; requiring certain licensing |
6 | boards to require continuing education on developmental |
7 | disabilities for certain licensees and certificateholders; |
8 | providing course content; providing penalties; providing |
9 | rulemaking authority; requiring the Department of Health |
10 | to develop and implement a plan to promote awareness of |
11 | developmental disabilities; amending s. 627.6686, F.S.; |
12 | providing health insurance coverage for individuals with |
13 | developmental disabilities; amending s. 641.31098, F.S.; |
14 | providing coverage under a health maintenance contract for |
15 | individuals with developmental disabilities; amending s. |
16 | 1002.39, F.S., relating to the John M. McKay Scholarships |
17 | for Students with Disabilities Program; authorizing |
18 | students who receive certain services under the Voluntary |
19 | Prekindergarten Education Program to receive a John M. |
20 | McKay Scholarship; conforming cross-references; requiring |
21 | a private school to refund scholarship payment under |
22 | certain circumstances; permitting students to receive |
23 | scholarship services at locations other than the private |
24 | school's site under specified conditions; providing |
25 | retroactive eligibility for scholarships under certain |
26 | circumstances; amending s. 1002.51, F.S.; revising |
27 | definitions for the Voluntary Prekindergarten Education |
28 | Program; amending s. 1002.53 and creating s. 1002.66, |
29 | F.S.; establishing a prekindergarten program option for |
30 | children with disabilities; providing eligibility criteria |
31 | for early intervention services; providing for the |
32 | approval of early intervention service providers; |
33 | authorizing the expenditure of funds for early |
34 | intervention services; amending s. 1002.71, F.S.; |
35 | authorizing a child participating in a prekindergarten |
36 | program for children with disabilities to reenroll in |
37 | another program option under certain conditions; amending |
38 | s. 1002.75, F.S.; revising the powers and duties of the |
39 | Agency for Workforce Innovation for prekindergarten |
40 | programs; providing an effective date. |
41 |
|
42 | Be It Enacted by the Legislature of the State of Florida: |
43 |
|
44 | Section 1. Present subsections (13) through (40) of |
45 | section 393.063, Florida Statutes, are renumbered as subsections |
46 | (14) through (41), respectively, subsection (9) of that section |
47 | is amended, and a new subsection (13) is added to that section, |
48 | to read: |
49 | 393.063 Definitions.--For the purposes of this chapter, |
50 | the term: |
51 | (9) "Developmental disability" means a disorder or |
52 | syndrome that is attributable to retardation, cerebral palsy, |
53 | autism, spina bifida, Down syndrome, or Prader-Willi syndrome; |
54 | that manifests before the age of 18; and that constitutes a |
55 | substantial handicap that can reasonably be expected to continue |
56 | indefinitely. |
57 | (13) "Down syndrome" means a disorder caused by the |
58 | presence of an extra chromosome 21 and characterized by mental |
59 | retardation and distinguishing physical features. |
60 | Section 2. Section 456.0291, Florida Statutes, is created |
61 | to read: |
62 | 456.0291 Instruction on developmental disabilities.-- |
63 | (1) The appropriate board shall require each person |
64 | licensed or certified under chapter 458, chapter 459, part I of |
65 | chapter 464, chapter 490, or chapter 491 to complete a 2-hour |
66 | continuing education course, approved by the board, on |
67 | developmental disabilities, as defined in s. 393.063, with the |
68 | addition of autism spectrum disorder, as part of every third |
69 | biennial relicensure or recertification. |
70 | (a) The course shall consist of information on the |
71 | diagnosis and treatment of developmental disabilities and |
72 | information on counseling and education of a parent whose child |
73 | is diagnosed with a developmental disability, with an emphasis |
74 | on autism spectrum disorder. |
75 | (b) Each such licensee or certificateholder shall submit |
76 | confirmation of having completed the course, on a form provided |
77 | by the board, when submitting fees for every third biennial |
78 | renewal. |
79 | (c) The board may approve additional equivalent courses |
80 | that may be used to satisfy the requirements of this section. |
81 | Each licensing board that requires a licensee to complete an |
82 | educational course pursuant to this subsection may include the |
83 | hours required for completion of the course in the total hours |
84 | of continuing education required for such profession unless the |
85 | continuing education requirements for such profession is less |
86 | than 30 hours biennially. |
87 | (d) Any person holding two or more licenses subject to the |
88 | provisions of this subsection may show proof of having taken one |
89 | board-approved course on developmental disabilities for purposes |
90 | of relicensure or recertification for any additional licenses. |
91 | (e) Failure to comply with the requirements of this |
92 | subsection constitutes grounds for disciplinary action under |
93 | each respective practice act and under s. 456.072(1)(k). In |
94 | addition to any discipline imposed, the licensee must complete |
95 | the course. |
96 | (2) Each board may adopt rules to carry out the provisions |
97 | of this section. |
98 | (3) The department shall implement a plan to promote |
99 | awareness of developmental disabilities, with a focus on autism |
100 | spectrum disorder, to physicians licensed under chapter 458 or |
101 | chapter 459 and parents. The department shall develop the plan |
102 | in consultation with organizations representing allopathic and |
103 | osteopathic physicians, the Board of Medicine, the Board of |
104 | Osteopathic Medicine, and nationally recognized organizations |
105 | that promote awareness of developmental disabilities. The |
106 | department's plan must include the distribution of educational |
107 | materials for parents, including a developmental assessment |
108 | tool. |
109 | Section 3. Subsection (2) and (3) of section 627.6686, |
110 | Florida Statutes, are amended to read: |
111 | 627.6686 Coverage for individuals with autism spectrum |
112 | disorder required; exception.-- |
113 | (2) As used in this section, the term: |
114 | (a) "Applied behavior analysis" means the design, |
115 | implementation, and evaluation of environmental modifications, |
116 | using behavioral stimuli and consequences, to produce socially |
117 | significant improvement in human behavior, including, but not |
118 | limited to, the use of direct observation, measurement, and |
119 | functional analysis of the relations between environment and |
120 | behavior. |
121 | (b) "Autism spectrum disorder" means any of the following |
122 | disorders as defined in the most recent edition of the |
123 | Diagnostic and Statistical Manual of Mental Disorders of the |
124 | American Psychiatric Association: |
125 | 1. Autistic disorder. |
126 | 2. Asperger's syndrome. |
127 | 3. Pervasive developmental disorder not otherwise |
128 | specified. |
129 | (c) "Developmental disability" has the same meaning as in |
130 | s. 393.063. |
131 | (d)(c) "Eligible individual" means an individual under 18 |
132 | years of age or an individual 18 years of age or older who is in |
133 | high school and who has been diagnosed as having a developmental |
134 | disability at 8 years of age or younger. |
135 | (e)(d) "Health insurance plan" means a group health |
136 | insurance policy or group health benefit plan offered by an |
137 | insurer which includes the state group insurance program |
138 | provided under s. 110.123. The term does not include any health |
139 | insurance plan offered in the individual market, any health |
140 | insurance plan that is individually underwritten, or any health |
141 | insurance plan provided to a small employer. |
142 | (f)(e) "Insurer" means an insurer providing health |
143 | insurance coverage, which is licensed to engage in the business |
144 | of insurance in this state and is subject to insurance |
145 | regulation. |
146 | (3) A health insurance plan issued or renewed on or after |
147 | April 1, 2009, shall provide coverage to an eligible individual |
148 | for: |
149 | (a) Well-baby and well-child screening for diagnosing the |
150 | presence of autism spectrum disorder or other developmental |
151 | disabilities. |
152 | (b) Treatment of autism spectrum disorder or other |
153 | developmental disabilities through speech therapy, occupational |
154 | therapy, physical therapy, and applied behavior analysis. |
155 | Applied behavior analysis services shall be provided by an |
156 | individual certified pursuant to s. 393.17 or an individual |
157 | licensed under chapter 490 or chapter 491. |
158 | Section 4. Subsections (2) and (3) of section 641.31098, |
159 | Florida Statutes, are amended to read: |
160 | 641.31098 Coverage for individuals with developmental |
161 | disabilities.-- |
162 | (2) As used in this section, the term: |
163 | (a) "Applied behavior analysis" means the design, |
164 | implementation, and evaluation of environmental modifications, |
165 | using behavioral stimuli and consequences, to produce socially |
166 | significant improvement in human behavior, including, but not |
167 | limited to, the use of direct observation, measurement, and |
168 | functional analysis of the relations between environment and |
169 | behavior. |
170 | (b) "Autism spectrum disorder" means any of the following |
171 | disorders as defined in the most recent edition of the |
172 | Diagnostic and Statistical Manual of Mental Disorders of the |
173 | American Psychiatric Association: |
174 | 1. Autistic disorder. |
175 | 2. Asperger's syndrome. |
176 | 3. Pervasive developmental disorder not otherwise |
177 | specified. |
178 | (c) "Developmental disability" has the same meaning as in |
179 | s. 393.063. |
180 | (d)(c) "Eligible individual" means an individual under 18 |
181 | years of age or an individual 18 years of age or older who is in |
182 | high school who has been diagnosed as having a developmental |
183 | disability at 8 years of age or younger. |
184 | (e)(d) "Health maintenance contract" means a group health |
185 | maintenance contract offered by a health maintenance |
186 | organization. This term does not include a health maintenance |
187 | contract offered in the individual market, a health maintenance |
188 | contract that is individually underwritten, or a health |
189 | maintenance contract provided to a small employer. |
190 | (3) A health maintenance contract issued or renewed on or |
191 | after April 1, 2009, shall provide coverage to an eligible |
192 | individual for: |
193 | (a) Well-baby and well-child screening for diagnosing the |
194 | presence of autism spectrum disorder or other developmental |
195 | disability. |
196 | (b) Treatment of autism spectrum disorder or other |
197 | developmental disability through speech therapy, occupational |
198 | therapy, physical therapy, and applied behavior analysis |
199 | services. Applied behavior analysis services shall be provided |
200 | by an individual certified pursuant to s. 393.17 or an |
201 | individual 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 |
204 | subsection (8), and subsection (10) of section 1002.39, Florida |
205 | Statutes, are amended, present subsections (11), (12), and (13) |
206 | of that section are renumbered as subsections (12), (13), and |
207 | (14), respectively, and new subsection (11) is added to that |
208 | section, to read: |
209 | 1002.39 The John M. McKay Scholarships for Students with |
210 | Disabilities Program.--There is established a program that is |
211 | separate and distinct from the Opportunity Scholarship Program |
212 | and is named the John M. McKay Scholarships for Students with |
213 | Disabilities Program. |
214 | (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.--The parent of |
215 | a public school student with a disability who is dissatisfied |
216 | with the student's progress may request and receive from the |
217 | state a John M. McKay Scholarship for the child to enroll in and |
218 | attend a private school in accordance with this section if: |
219 | (a) The student has: |
220 | 1. Received early intervention services under the |
221 | Voluntary Prekindergarten Education Program pursuant to s. |
222 | 1002.66 during the previous school year, and the student has a |
223 | current individual educational plan developed in accordance with |
224 | rules of the State Board of Education; or |
225 | 2. Spent the prior school year in attendance at a Florida |
226 | public school or the Florida School for the Deaf and the Blind. |
227 | For purposes of this subparagraph, prior school year in |
228 | attendance means that the student was: |
229 | 1. enrolled and reported by: |
230 | a. A school district for funding during the preceding |
231 | October and February Florida Education Finance Program surveys |
232 | in kindergarten through grade 12, which includes shall include |
233 | time spent in a Department of Juvenile Justice commitment |
234 | program if funded under the Florida Education Finance Program; |
235 | b.2. Enrolled and reported by The Florida School for the |
236 | Deaf and the Blind during the preceding October and February |
237 | student membership surveys in kindergarten through grade 12; or |
238 | c.3. Enrolled and reported by A school district for |
239 | funding during the preceding October and February Florida |
240 | Education Finance Program surveys, was at least 4 years old when |
241 | so enrolled and reported, and was eligible for services under s. |
242 | 1003.21(1)(e). |
243 |
|
244 | However, a dependent child of a member of the United States |
245 | Armed Forces who transfers to a school in this state from out of |
246 | state or from a foreign country due to pursuant to a parent's |
247 | permanent change of station orders is exempt from this paragraph |
248 | but must meet all other eligibility requirements to participate |
249 | in the program. |
250 | (b) The parent has obtained acceptance for admission of |
251 | the student to a private school that is eligible for the program |
252 | under subsection (8) and has requested from the department a |
253 | scholarship at least 60 days before prior to the date of the |
254 | first scholarship payment. The request must be communicated |
255 | through a communication directly to the department in a manner |
256 | that creates a written or electronic record of the request and |
257 | the date of receipt of the request. The department of Education |
258 | must notify the district of the parent's intent upon receipt of |
259 | the parent's request. |
260 | (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.--A student is |
261 | not eligible for a John M. McKay Scholarship while he or she is: |
262 | (h) Not having regular and direct contact with his or her |
263 | private school teachers at the school's physical location, |
264 | except as provided in subsection (11). |
265 | (4) TERM OF JOHN M. MCKAY SCHOLARSHIP.-- |
266 | (a) For purposes of continuity of educational choice, a |
267 | John M. McKay Scholarship remains shall remain in force until |
268 | the student enrolls in returns to a public school, graduates |
269 | from high school, or reaches the age of 22, whichever occurs |
270 | first. |
271 | (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be |
272 | eligible to participate in the John M. McKay Scholarships for |
273 | Students with Disabilities Program, a private school may be |
274 | sectarian or nonsectarian and must: |
275 | (d) Maintain in this state a physical location where a |
276 | scholarship student regularly attends classes or where the |
277 | school provides case management services pursuant to subsection |
278 | (11). |
279 |
|
280 | The inability of a private school to meet the requirements of |
281 | this subsection shall constitute a basis for the ineligibility |
282 | of the private school to participate in the scholarship program |
283 | as determined by the department. |
284 | (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.-- |
285 | (a)1. The maximum scholarship granted for an eligible |
286 | student with disabilities shall be a calculated amount |
287 | equivalent to the base student allocation in the Florida |
288 | Education Finance Program multiplied by the appropriate cost |
289 | factor for the educational program that would have been provided |
290 | for the student in the district school to which he or she was |
291 | assigned, multiplied by the district cost differential. |
292 | 2. In addition, a share of the guaranteed allocation for |
293 | exceptional students shall be determined and added to the |
294 | calculated amount in subparagraph 1. The calculation shall be |
295 | based on the methodology and the data used to calculate the |
296 | guaranteed allocation for exceptional students for each district |
297 | in chapter 2000-166, Laws of Florida. Except as provided in |
298 | subparagraphs 3. and 4., the calculation shall be based on the |
299 | student's grade, matrix level of services, and the difference |
300 | between the 2000-2001 basic program and the appropriate level of |
301 | services cost factor, multiplied by the 2000-2001 base student |
302 | allocation and the 2000-2001 district cost differential for the |
303 | sending district. Also, The calculated amount shall also include |
304 | the per-student share of supplemental academic instruction |
305 | funds, instructional materials funds, technology funds, and |
306 | other categorical funds as provided for such purposes in the |
307 | General Appropriations Act. |
308 | 3. The calculated scholarship amount for a student who is |
309 | eligible under sub-subparagraph (2)(a)2.b. subparagraph (2)(a)2. |
310 | shall be calculated as provided in subparagraphs 1. and 2. |
311 | However, the calculation shall be based on the school district |
312 | in which the parent resides at the time of the scholarship |
313 | request. |
314 | 4. Until the school district completes the matrix required |
315 | by paragraph (5)(b), the calculation shall be based on the |
316 | matrix that assigns the student to support level I of service as |
317 | it existed prior to the 2000-2001 school year. When the school |
318 | district completes the matrix, the amount of the payment shall |
319 | be adjusted as needed. |
320 | (b) The amount of the John M. McKay Scholarship shall be |
321 | the calculated amount or the amount of the private school's |
322 | tuition and fees, whichever is less. The amount of any |
323 | assessment fee required by the participating private school may |
324 | be paid from the total amount of the scholarship. |
325 | (c)1. The school district shall report all students who |
326 | are attending a private school under this program. The students |
327 | with disabilities attending private schools on John M. McKay |
328 | Scholarships shall be reported separately from other students |
329 | reported for purposes of the Florida Education Finance Program. |
330 | 2. For program participants who are eligible under sub- |
331 | subparagraph (2)(a)2.b. subparagraph (2)(a)2., the school |
332 | district that is used as the basis for the calculation of the |
333 | scholarship amount as provided in subparagraph (a)3. shall: |
334 | a. Report to the department all such students who are |
335 | attending a private school under this program. |
336 | b. Be held harmless for such students from the weighted |
337 | enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.b. |
338 | during the first school year in which the students are reported. |
339 | (d) Following notification on July 1, September 1, |
340 | December 1, or February 1 of the number of program participants, |
341 | the department shall transfer, from General Revenue funds only, |
342 | the amount calculated under paragraph (b) from the school |
343 | district's total funding entitlement under the Florida Education |
344 | Finance Program and from authorized categorical accounts to a |
345 | separate account for the scholarship program for quarterly |
346 | disbursement to the parents of participating students. Funds may |
347 | not be transferred from any funding provided to the Florida |
348 | School for the Deaf and the Blind for program participants who |
349 | are eligible under sub-subparagraph (2)(a)2.b. subparagraph |
350 | (2)(a)2. For a student exiting a Department of Juvenile Justice |
351 | commitment program who chooses to participate in the scholarship |
352 | program, the amount of the John M. McKay Scholarship calculated |
353 | pursuant to paragraph (b) shall be transferred from the school |
354 | district in which the student last attended a public school |
355 | before prior to commitment to the Department of Juvenile |
356 | Justice. When a student enters the scholarship program, the |
357 | department must receive all documentation required for the |
358 | student's participation, including the private school's and the |
359 | student's fee schedules, at least 30 days before the first |
360 | quarterly scholarship payment is made for the student. |
361 | (e) Upon notification by the department that it has |
362 | received the documentation required under paragraph (d), the |
363 | Chief Financial Officer shall make scholarship payments in four |
364 | equal amounts no later than September 1, November 1, February 1, |
365 | and April 1 of each academic year in which the scholarship is in |
366 | force. The initial payment shall be made after department |
367 | verification of admission acceptance, and subsequent payments |
368 | shall be made upon verification of continued enrollment and |
369 | attendance at the private school. Payment must be by individual |
370 | warrant made payable to the student's parent and mailed by the |
371 | department to the private school of the parent's choice, and the |
372 | parent shall restrictively endorse the warrant to the private |
373 | school for deposit into the account of the private school. If |
374 | the student withdraws from the private school, the private |
375 | school shall prorate the unused portion of the scholarship |
376 | payment and refund that amount to the department. If the student |
377 | immediately transfers to another private school, the unused |
378 | amount of the scholarship may be paid to the new school. |
379 | (f) Subsequent to each scholarship payment, the department |
380 | shall request from the Department of Financial Services a sample |
381 | of endorsed warrants to review and confirm compliance with |
382 | endorsement requirements. |
383 | (11) ALTERNATIVE SITES FOR INSTRUCTION AND SERVICES.--A |
384 | student who is eligible for a scholarship under this section may |
385 | receive regular and direct instruction and services from a |
386 | private school at a site other than the school's physical |
387 | location if the following criteria are met: |
388 | (a) The student's parent provides a notarized statement |
389 | from the medical doctor or psychologist treating the student's |
390 | disability which documents that the student's welfare, or the |
391 | welfare of other students in the classroom, will be jeopardized |
392 | if the student is required to regularly attend class at the |
393 | school's physical location. The notarized statement must be: |
394 | 1. Annually provided to the department at least 60 days |
395 | before the first scholarship payment date for the school year; |
396 | and |
397 | 2. Based on an annual review of the student's disability |
398 | by 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 |
401 | coordinates and monitors the student's instruction and services, |
402 | reviews and maintains the documentation submitted under |
403 | subparagraph 2., and provides the student's parent and private |
404 | school with monthly reports on the student's progress; |
405 | 2. Requires private school employees or contracted |
406 | personnel who provide regular and direct instruction or services |
407 | to the student at the alternative site to submit documentation |
408 | of the instruction, services, and progress of the student to the |
409 | case manager; and |
410 | 3. Notifies the department of each student served pursuant |
411 | to this subsection. |
412 | (c) A student who received a scholarship in the 2005-2006 |
413 | or 2006-2007 school year under this section, but who was unable |
414 | to receive a scholarship in the 2006-2007 or 2007-2008 school |
415 | year due to the regular and direct contact requirement in |
416 | paragraph (3)(h), is eligible for a scholarship in the 2009-2010 |
417 | school year if the student: |
418 | 1. Demonstrates that he or she would have met the criteria |
419 | in paragraph (a) at the time of his or her 2006-2007 or 2007- |
420 | 2008 scholarship; and |
421 | 2. Except for the prior school year attendance requirement |
422 | in paragraph (2)(a), satisfies the requirements for a |
423 | scholarship under this section. |
424 | Section 6. Present subsections (2) through (5) of section |
425 | 1002.51, Florida Statutes, are renumbered as subsections (4) |
426 | through (7), respectively, and new subsections (2) and (3) are |
427 | added 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 |
430 | definition of exceptional student in s. 1003.01. |
431 | (3) "Early intervention service provider" means a provider |
432 | delivering early intervention services under s. 1002.66. |
433 | Section 7. Subsections (1) and (3) of section 1002.53, |
434 | Florida Statutes, as amended by section 4 of chapter 2009-3, |
435 | Laws of Florida, are amended to read: |
436 | 1002.53 Voluntary Prekindergarten Education Program; |
437 | eligibility and enrollment.-- |
438 | (1) There is created the Voluntary Prekindergarten |
439 | Education Program, which. The program shall take effect in each |
440 | county at the beginning of the 2005-2006 school year and shall |
441 | be organized, designed, and delivered in accordance with s. 1(b) |
442 | and (c), Art. IX of the State Constitution. |
443 | (3) The parent of each child eligible under subsection (2) |
444 | may enroll the child in one of the following programs: |
445 | (a) A school-year prekindergarten program delivered by a |
446 | private prekindergarten provider under s. 1002.55; |
447 | (b) A summer prekindergarten program delivered by a public |
448 | school or private prekindergarten provider under s. 1002.61; or |
449 | (c) A school-year prekindergarten program delivered by a |
450 | public school; or |
451 | (d) Beginning with the 2011-2012 school year, a |
452 | prekindergarten program for children with disabilities, if the |
453 | child has a disability and is eligible for the program under s. |
454 | 1002.66. |
455 |
|
456 | Except as provided in s. 1002.71(4), a child may not enroll in |
457 | more than one of these programs. |
458 | Section 8. Section 1002.66, Florida Statutes, is created |
459 | to read: |
460 | 1002.66 Prekindergarten program for children with |
461 | disabilities.-- |
462 | (1) Beginning with the 2011-2012 school year, a child with |
463 | a disability who enrolls with the early learning coalition under |
464 | s. 1002.53(3)(d) is eligible for a prekindergarten program of |
465 | early intervention services if: |
466 | (a) The child is eligible for the Voluntary |
467 | Prekindergarten Education Program under s. 1002.53. |
468 | (b) A current individual educational plan has been |
469 | developed for the child in accordance with rules of the State |
470 | Board of Education. |
471 | (2) The parent of a child who is eligible for the |
472 | prekindergarten program for children with disabilities may |
473 | select one or more early intervention services that the child's |
474 | individual educational plan indicates is appropriate for the |
475 | child. These early intervention services may include, but are |
476 | not 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 |
482 | under this section must be delivered according to professionally |
483 | accepted standards and must, in accordance with the performance |
484 | standards adopted by the department under s. 1002.67, address |
485 | the age-appropriate progress of the child in the development of |
486 | the capabilities, capacities, and skills required under s. 1(b), |
487 | Art. IX of the State Constitution. |
488 | (4) The department shall approve early intervention |
489 | service providers whose services meet the standards in |
490 | subsection (3), maintain a list of approved providers, and |
491 | notify each school district and early learning coalition of the |
492 | approved provider list. Upon the request of a child's parent, |
493 | the department may approve an early intervention service |
494 | provider that is not on the approved list if the provider's |
495 | services meet the standards in subsection (3) and the child's |
496 | individual educational plan indicates that the services are |
497 | appropriate for the child. |
498 | (5) From the funds allocated to the early learning |
499 | coalition for the Voluntary Prekindergarten Education Program, |
500 | the coalition shall reimburse an approved early intervention |
501 | service provider for authorized services provided to an eligible |
502 | child, except that the cumulative total of services reimbursed |
503 | for a child may not exceed the amount of the base student |
504 | allocation provided in the Voluntary Prekindergarten Education |
505 | Program in the General Appropriations Act. |
506 | Section 9. Paragraph (a) of subsection (4) of section |
507 | 1002.71, Florida Statutes, as amended by chapter 2009-3, Laws of |
508 | Florida, 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 |
512 | listed in s. 1002.53(3), has not completed more than 10 percent |
513 | of the hours authorized to be reported for funding under |
514 | subsection (2), or has not expended more than 10 percent of the |
515 | funds authorized for the child under s. 1002.66, may withdraw |
516 | from the program for good cause, reenroll in one of the |
517 | programs, and be reported for funding purposes as a full-time |
518 | equivalent student in the program in for which the child is |
519 | reenrolled. The total funding for a child who reenrolls in one |
520 | of the programs may shall not exceed one full-time equivalent |
521 | student. |
522 |
|
523 | A child may reenroll only once in a prekindergarten program |
524 | under this section. A child who reenrolls in a prekindergarten |
525 | program under this subsection may not subsequently withdraw from |
526 | the program and reenroll. The Agency for Workforce Innovation |
527 | shall establish criteria specifying whether a good cause exists |
528 | for a child to withdraw from a program under paragraph (a), |
529 | whether a child has substantially completed a program under |
530 | paragraph (b), and whether an extreme hardship exists which is |
531 | beyond the child's or parent's control under paragraph (b). |
532 | Section 10. Paragraphs (a) and (f) of subsection (2) of |
533 | section 1002.75, Florida Statutes, are amended to read: |
534 | 1002.75 Agency for Workforce Innovation; powers and |
535 | duties; operational requirements.-- |
536 | (2) The Agency for Workforce Innovation shall adopt |
537 | procedures governing the administration of the Voluntary |
538 | Prekindergarten Education Program by the early learning |
539 | coalitions and school districts for: |
540 | (a) Enrolling children in and determining the eligibility |
541 | of children for the Voluntary Prekindergarten Education Program |
542 | under ss. 1002.53 and 1002.66 s. 1002.53. |
543 | (f) Paying private prekindergarten providers, and public |
544 | schools, and early intervention service providers under ss. |
545 | 1002.66 and 1002.71 s. 1002.71. |
546 | Section 11. This act shall take effect July 1, 2009. |