Florida Senate - 2009                                    SB 2478
       
       
       
       By Senator Gardiner
       
       
       
       
       9-01479B-09                                           20092478__
    1                        A bill to be entitled                      
    2         An act relating to children with disabilities;
    3         amending s. 393.063, F.S.; redefining the term
    4         “developmental disability” and defining the term “Down
    5         syndrome”; creating s. 456.0291, F.S.; requiring
    6         certain licensing boards to require continuing
    7         education on developmental disabilities for certain
    8         licensees and certificateholders; providing course
    9         content; providing penalties; providing rulemaking
   10         authority; requiring the Department of Health to
   11         develop and implement a plan to promote awareness of
   12         developmental disabilities; amending s. 627.6686,
   13         F.S.; providing health insurance coverage for
   14         individuals with developmental disabilities; amending
   15         s. 641.31098, F.S.; providing coverage under a health
   16         maintenance contract for individuals with
   17         developmental disabilities; amending s. 1002.39, F.S.,
   18         relating to the John M. McKay Scholarships for
   19         Students with Disabilities Program; authorizing
   20         students who receive certain services under the
   21         Voluntary Prekindergarten Education Program to receive
   22         a John M. McKay Scholarship; conforming cross
   23         references; requiring a private school to refund
   24         scholarship payment under certain circumstances;
   25         permitting students to receive scholarship services at
   26         locations other than the private school’s site under
   27         specified conditions; providing retroactive
   28         eligibility for scholarships under certain
   29         circumstances; amending s. 1002.51, F.S.; revising
   30         definitions for the Voluntary Prekindergarten
   31         Education Program; amending s. 1002.53 and creating s.
   32         1002.66, F.S.; establishing a prekindergarten program
   33         option for children with disabilities; providing
   34         eligibility criteria for early intervention services;
   35         providing for the approval of early intervention
   36         service providers; authorizing the expenditure of
   37         funds for early intervention services; amending s.
   38         1002.71, F.S.; authorizing a child participating in a
   39         prekindergarten program for children with disabilities
   40         to reenroll in another program option under certain
   41         conditions; amending s. 1002.75, F.S.; revising the
   42         powers and duties of the Agency for Workforce
   43         Innovation for prekindergarten programs; providing an
   44         effective date.
   45  
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Present subsections (13) through (40) of section
   49  393.063, Florida Statutes, are renumbered as subsections (14)
   50  through (41), respectively, subsection (9) of that section is
   51  amended, and a new subsection (13) is added to that section, to
   52  read:
   53         393.063 Definitions.—For the purposes of this chapter, the
   54  term:
   55         (9) “Developmental disability” means a disorder or syndrome
   56  that is attributable to retardation, cerebral palsy, autism,
   57  spina bifida, Down syndrome, or Prader-Willi syndrome; that
   58  manifests before the age of 18; and that constitutes a
   59  substantial handicap that can reasonably be expected to continue
   60  indefinitely.
   61         (13)“Down syndrome” means a disorder caused by the
   62  presence of an extra chromosome 21 and characterized by mental
   63  retardation and distinguishing physical features.
   64         Section 2. Section 456.0291, Florida Statutes, is created
   65  to read:
   66         456.0291Instruction on developmental disabilities.—
   67         (1)The appropriate board shall require each person
   68  licensed or certified under chapter 458, chapter 459, part I of
   69  chapter 464, chapter 490, or chapter 491 to complete a 2-hour
   70  continuing education course, approved by the board, on
   71  developmental disabilities, as defined in s. 393.063, with the
   72  addition of autism spectrum disorder, as part of every third
   73  biennial relicensure or recertification.
   74         (a)The course shall consist of information on the
   75  diagnosis and treatment of developmental disabilities and
   76  information on counseling and education of a parent whose child
   77  is diagnosed with a developmental disability, with an emphasis
   78  on autism spectrum disorder.
   79         (b)Each such licensee or certificateholder shall submit
   80  confirmation of having completed the course, on a form provided
   81  by the board, when submitting fees for every third biennial
   82  renewal.
   83         (c)The board may approve additional equivalent courses
   84  that may be used to satisfy the requirements of this section.
   85  Each licensing board that requires a licensee to complete an
   86  educational course pursuant to this subsection may include the
   87  hours required for completion of the course in the total hours
   88  of continuing education required for such profession unless the
   89  continuing education requirements for such profession is less
   90  than 30 hours biennially.
   91         (d)Any person holding two or more licenses subject to the
   92  provisions of this subsection may show proof of having taken one
   93  board-approved course on developmental disabilities for purposes
   94  of relicensure or recertification for any additional licenses.
   95         (e)Failure to comply with the requirements of this
   96  subsection constitutes grounds for disciplinary action under
   97  each respective practice act and under s. 456.072(1)(k). In
   98  addition to any discipline imposed, the licensee must complete
   99  the course.
  100         (2)Each board may adopt rules to carry out the provisions
  101  of this section.
  102         (3)The department shall implement a plan to promote
  103  awareness of developmental disabilities, with a focus on autism
  104  spectrum disorder, to physicians licensed under chapter 458 or
  105  chapter 459 and parents. The department shall develop the plan
  106  in consultation with organizations representing allopathic and
  107  osteopathic physicians, the Board of Medicine, the Board of
  108  Osteopathic Medicine, and nationally recognized organizations
  109  that promote awareness of developmental disabilities. The
  110  department’s plan must include the distribution of educational
  111  materials for parents, including a developmental assessment
  112  tool.
  113         Section 3. Subsection (2) and (3) of section 627.6686,
  114  Florida Statutes, are amended to read:
  115         627.6686 Coverage for individuals with autism spectrum
  116  disorder required; exception.—
  117         (2) As used in this section, the term:
  118         (a) “Applied behavior analysis” means the design,
  119  implementation, and evaluation of environmental modifications,
  120  using behavioral stimuli and consequences, to produce socially
  121  significant improvement in human behavior, including, but not
  122  limited to, the use of direct observation, measurement, and
  123  functional analysis of the relations between environment and
  124  behavior.
  125         (b) “Autism spectrum disorder” means any of the following
  126  disorders as defined in the most recent edition of the
  127  Diagnostic and Statistical Manual of Mental Disorders of the
  128  American Psychiatric Association:
  129         1. Autistic disorder.
  130         2. Asperger’s syndrome.
  131         3. Pervasive developmental disorder not otherwise
  132  specified.
  133         (c)“Developmental disability” has the same meaning as in
  134  s. 393.063.
  135         (d)(c) “Eligible individual” means an individual under 18
  136  years of age or an individual 18 years of age or older who is in
  137  high school and who has been diagnosed as having a developmental
  138  disability at 8 years of age or younger.
  139         (e)(d) “Health insurance plan” means a group health
  140  insurance policy or group health benefit plan offered by an
  141  insurer which includes the state group insurance program
  142  provided under s. 110.123. The term does not include any health
  143  insurance plan offered in the individual market, any health
  144  insurance plan that is individually underwritten, or any health
  145  insurance plan provided to a small employer.
  146         (f)(e) “Insurer” means an insurer providing health
  147  insurance coverage, which is licensed to engage in the business
  148  of insurance in this state and is subject to insurance
  149  regulation.
  150         (3) A health insurance plan issued or renewed on or after
  151  April 1, 2009, shall provide coverage to an eligible individual
  152  for:
  153         (a) Well-baby and well-child screening for diagnosing the
  154  presence of autism spectrum disorder or other developmental
  155  disabilities.
  156         (b) Treatment of autism spectrum disorder or other
  157  developmental disabilities through speech therapy, occupational
  158  therapy, physical therapy, and applied behavior analysis.
  159  Applied behavior analysis services shall be provided by an
  160  individual certified pursuant to s. 393.17 or an individual
  161  licensed under chapter 490 or chapter 491.
  162         Section 4. Subsections (2) and (3) of section 641.31098,
  163  Florida Statutes, are amended to read:
  164         641.31098 Coverage for individuals with developmental
  165  disabilities.—
  166         (2) As used in this section, the term:
  167         (a) “Applied behavior analysis” means the design,
  168  implementation, and evaluation of environmental modifications,
  169  using behavioral stimuli and consequences, to produce socially
  170  significant improvement in human behavior, including, but not
  171  limited to, the use of direct observation, measurement, and
  172  functional analysis of the relations between environment and
  173  behavior.
  174         (b) “Autism spectrum disorder” means any of the following
  175  disorders as defined in the most recent edition of the
  176  Diagnostic and Statistical Manual of Mental Disorders of the
  177  American Psychiatric Association:
  178         1. Autistic disorder.
  179         2. Asperger’s syndrome.
  180         3. Pervasive developmental disorder not otherwise
  181  specified.
  182         (c)“Developmental disability” has the same meaning as in
  183  s. 393.063.
  184         (d)(c) “Eligible individual” means an individual under 18
  185  years of age or an individual 18 years of age or older who is in
  186  high school who has been diagnosed as having a developmental
  187  disability at 8 years of age or younger.
  188         (e)(d) “Health maintenance contract” means a group health
  189  maintenance contract offered by a health maintenance
  190  organization. This term does not include a health maintenance
  191  contract offered in the individual market, a health maintenance
  192  contract that is individually underwritten, or a health
  193  maintenance contract provided to a small employer.
  194         (3) A health maintenance contract issued or renewed on or
  195  after April 1, 2009, shall provide coverage to an eligible
  196  individual for:
  197         (a) Well-baby and well-child screening for diagnosing the
  198  presence of autism spectrum disorder or other developmental
  199  disability.
  200         (b) Treatment of autism spectrum disorder or other
  201  developmental disability through speech therapy, occupational
  202  therapy, physical therapy, and applied behavior analysis
  203  services. Applied behavior analysis services shall be provided
  204  by an individual certified pursuant to s. 393.17 or an
  205  individual licensed under chapter 490 or chapter 491.
  206         Section 5. Subsection (2), paragraph (h) of subsection (3),
  207  paragraph (a) of subsection (4), paragraph (d) of subsection
  208  (8), and subsection (10) of section 1002.39, Florida Statutes,
  209  are amended, present subsections (11), (12), and (13) of that
  210  section are renumbered as subsections (12), (13), and (14),
  211  respectively, and new subsection (11) is added to that section,
  212  to read:
  213         1002.39 The John M. McKay Scholarships for Students with
  214  Disabilities Program.—There is established a program that is
  215  separate and distinct from the Opportunity Scholarship Program
  216  and is named the John M. McKay Scholarships for Students with
  217  Disabilities Program.
  218         (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a
  219  public school student with a disability who is dissatisfied with
  220  the student’s progress may request and receive from the state a
  221  John M. McKay Scholarship for the child to enroll in and attend
  222  a private school in accordance with this section if:
  223         (a) The student has:
  224         1.Received early intervention services under the Voluntary
  225  Prekindergarten Education Program pursuant to s. 1002.66 during
  226  the previous school year, and the student has a current
  227  individual educational plan developed in accordance with rules
  228  of the State Board of Education; or
  229         2. Spent the prior school year in attendance at a Florida
  230  public school or the Florida School for the Deaf and the Blind.
  231  For purposes of this subparagraph, prior school year in
  232  attendance means that the student was:
  233         1. enrolled and reported by:
  234         a. A school district for funding during the preceding
  235  October and February Florida Education Finance Program surveys
  236  in kindergarten through grade 12, which includes shall include
  237  time spent in a Department of Juvenile Justice commitment
  238  program if funded under the Florida Education Finance Program;
  239         b.2.Enrolled and reported by The Florida School for the
  240  Deaf and the Blind during the preceding October and February
  241  student membership surveys in kindergarten through grade 12; or
  242         c.3.Enrolled and reported by A school district for funding
  243  during the preceding October and February Florida Education
  244  Finance Program surveys, was at least 4 years old when so
  245  enrolled and reported, and was eligible for services under s.
  246  1003.21(1)(e).
  247  
  248  However, a dependent child of a member of the United States
  249  Armed Forces who transfers to a school in this state from out of
  250  state or from a foreign country due to pursuant to a parent’s
  251  permanent change of station orders is exempt from this paragraph
  252  but must meet all other eligibility requirements to participate
  253  in the program.
  254         (b) The parent has obtained acceptance for admission of the
  255  student to a private school that is eligible for the program
  256  under subsection (8) and has requested from the department a
  257  scholarship at least 60 days before prior to the date of the
  258  first scholarship payment. The request must be communicated
  259  through a communication directly to the department in a manner
  260  that creates a written or electronic record of the request and
  261  the date of receipt of the request. The department of Education
  262  must notify the district of the parent’s intent upon receipt of
  263  the parent’s request.
  264         (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.—A student is
  265  not eligible for a John M. McKay Scholarship while he or she is:
  266         (h) Not having regular and direct contact with his or her
  267  private school teachers at the school’s physical location,
  268  except as provided in subsection (11).
  269         (4) TERM OF JOHN M. MCKAY SCHOLARSHIP.—
  270         (a) For purposes of continuity of educational choice, a
  271  John M. McKay Scholarship remains shall remain in force until
  272  the student enrolls in returns to a public school, graduates
  273  from high school, or reaches the age of 22, whichever occurs
  274  first.
  275         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
  276  eligible to participate in the John M. McKay Scholarships for
  277  Students with Disabilities Program, a private school may be
  278  sectarian or nonsectarian and must:
  279         (d) Maintain in this state a physical location where a
  280  scholarship student regularly attends classes or where the
  281  school provides case management services pursuant to subsection
  282  (11).
  283  
  284  The inability of a private school to meet the requirements of
  285  this subsection shall constitute a basis for the ineligibility
  286  of the private school to participate in the scholarship program
  287  as determined by the department.
  288         (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.—
  289         (a)1. The maximum scholarship granted for an eligible
  290  student with disabilities shall be a calculated amount
  291  equivalent to the base student allocation in the Florida
  292  Education Finance Program multiplied by the appropriate cost
  293  factor for the educational program that would have been provided
  294  for the student in the district school to which he or she was
  295  assigned, multiplied by the district cost differential.
  296         2. In addition, a share of the guaranteed allocation for
  297  exceptional students shall be determined and added to the
  298  calculated amount in subparagraph 1. The calculation shall be
  299  based on the methodology and the data used to calculate the
  300  guaranteed allocation for exceptional students for each district
  301  in chapter 2000-166, Laws of Florida. Except as provided in
  302  subparagraphs 3. and 4., the calculation shall be based on the
  303  student’s grade, matrix level of services, and the difference
  304  between the 2000-2001 basic program and the appropriate level of
  305  services cost factor, multiplied by the 2000-2001 base student
  306  allocation and the 2000-2001 district cost differential for the
  307  sending district. Also, The calculated amount shall also include
  308  the per-student share of supplemental academic instruction
  309  funds, instructional materials funds, technology funds, and
  310  other categorical funds as provided for such purposes in the
  311  General Appropriations Act.
  312         3. The calculated scholarship amount for a student who is
  313  eligible under sub-subparagraph (2)(a)2.b. subparagraph (2)(a)2.
  314  shall be calculated as provided in subparagraphs 1. and 2.
  315  However, the calculation shall be based on the school district
  316  in which the parent resides at the time of the scholarship
  317  request.
  318         4. Until the school district completes the matrix required
  319  by paragraph (5)(b), the calculation shall be based on the
  320  matrix that assigns the student to support level I of service as
  321  it existed prior to the 2000-2001 school year. When the school
  322  district completes the matrix, the amount of the payment shall
  323  be adjusted as needed.
  324         (b) The amount of the John M. McKay Scholarship shall be
  325  the calculated amount or the amount of the private school’s
  326  tuition and fees, whichever is less. The amount of any
  327  assessment fee required by the participating private school may
  328  be paid from the total amount of the scholarship.
  329         (c)1. The school district shall report all students who are
  330  attending a private school under this program. The students with
  331  disabilities attending private schools on John M. McKay
  332  Scholarships shall be reported separately from other students
  333  reported for purposes of the Florida Education Finance Program.
  334         2. For program participants who are eligible under sub
  335  subparagraph (2)(a)2.b. subparagraph (2)(a)2., the school
  336  district that is used as the basis for the calculation of the
  337  scholarship amount as provided in subparagraph (a)3. shall:
  338         a. Report to the department all such students who are
  339  attending a private school under this program.
  340         b. Be held harmless for such students from the weighted
  341  enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.b.
  342  during the first school year in which the students are reported.
  343         (d) Following notification on July 1, September 1, December
  344  1, or February 1 of the number of program participants, the
  345  department shall transfer, from General Revenue funds only, the
  346  amount calculated under paragraph (b) from the school district’s
  347  total funding entitlement under the Florida Education Finance
  348  Program and from authorized categorical accounts to a separate
  349  account for the scholarship program for quarterly disbursement
  350  to the parents of participating students. Funds may not be
  351  transferred from any funding provided to the Florida School for
  352  the Deaf and the Blind for program participants who are eligible
  353  under sub-subparagraph (2)(a)2.b. subparagraph (2)(a)2. For a
  354  student exiting a Department of Juvenile Justice commitment
  355  program who chooses to participate in the scholarship program,
  356  the amount of the John M. McKay Scholarship calculated pursuant
  357  to paragraph (b) shall be transferred from the school district
  358  in which the student last attended a public school before prior
  359  to commitment to the Department of Juvenile Justice. When a
  360  student enters the scholarship program, the department must
  361  receive all documentation required for the student’s
  362  participation, including the private school’s and the student’s
  363  fee schedules, at least 30 days before the first quarterly
  364  scholarship payment is made for the student.
  365         (e) Upon notification by the department that it has
  366  received the documentation required under paragraph (d), the
  367  Chief Financial Officer shall make scholarship payments in four
  368  equal amounts no later than September 1, November 1, February 1,
  369  and April 1 of each academic year in which the scholarship is in
  370  force. The initial payment shall be made after department
  371  verification of admission acceptance, and subsequent payments
  372  shall be made upon verification of continued enrollment and
  373  attendance at the private school. Payment must be by individual
  374  warrant made payable to the student’s parent and mailed by the
  375  department to the private school of the parent’s choice, and the
  376  parent shall restrictively endorse the warrant to the private
  377  school for deposit into the account of the private school. If
  378  the student withdraws from the private school, the private
  379  school shall prorate the unused portion of the scholarship
  380  payment and refund that amount to the department. If the student
  381  immediately transfers to another private school, the unused
  382  amount of the scholarship may be paid to the new school.
  383         (f) Subsequent to each scholarship payment, the department
  384  shall request from the Department of Financial Services a sample
  385  of endorsed warrants to review and confirm compliance with
  386  endorsement requirements.
  387         (11)ALTERNATIVE SITES FOR INSTRUCTION AND SERVICES.—A
  388  student who is eligible for a scholarship under this section may
  389  receive regular and direct instruction and services from a
  390  private school at a site other than the school’s physical
  391  location if the following criteria are met:
  392         (a)The student’s parent provides a notarized statement
  393  from the medical doctor or psychologist treating the student’s
  394  disability which documents that the student’s welfare, or the
  395  welfare of other students in the classroom, will be jeopardized
  396  if the student is required to regularly attend class at the
  397  school’s physical location. The notarized statement must be:
  398         1.Annually provided to the department at least 60 days
  399  before the first scholarship payment date for the school year;
  400  and
  401         2.Based on an annual review of the student’s disability by
  402  the student’s medical doctor or psychologist.
  403         (b)The private school serving the student:
  404         1.Employs or contracts with a case manager who coordinates
  405  and monitors the student’s instruction and services, reviews and
  406  maintains the documentation submitted under subparagraph 2., and
  407  provides the student’s parent and private school with monthly
  408  reports on the student’s progress;
  409         2.Requires private school employees or contracted
  410  personnel who provide regular and direct instruction or services
  411  to the student at the alternative site to submit documentation
  412  of the instruction, services, and progress of the student to the
  413  case manager; and
  414         3.Notifies the department of each student served pursuant
  415  to this subsection.
  416         (c)A student who received a scholarship in the 2005-2006
  417  or 2006-2007 school year under this section, but who was unable
  418  to receive a scholarship in the 2006-2007 or 2007-2008 school
  419  year due to the regular and direct contact requirement in
  420  paragraph (3)(h), is eligible for a scholarship in the 2009-2010
  421  school year if the student:
  422         1.Demonstrates that he or she would have met the criteria
  423  in paragraph (a) at the time of his or her 2006-2007 or 2007
  424  2008 scholarship; and
  425         2.Except for the prior school year attendance requirement
  426  in paragraph (2)(a), satisfies the requirements for a
  427  scholarship under this section.
  428         Section 6. Present subsections (2) through (5) of section
  429  1002.51, Florida Statutes, are renumbered as subsections (4)
  430  through (7), respectively, and new subsections (2) and (3) are
  431  added to that section, to read:
  432         1002.51 Definitions.—As used in this part, the term:
  433         (2)“Disability” means any disability listed in the
  434  definition of exceptional student in s. 1003.01.
  435         (3)“Early intervention service provider” means a provider
  436  delivering early intervention services under s. 1002.66.
  437         Section 7. Subsections (1) and (3) of section 1002.53,
  438  Florida Statutes, as amended by section 4 of chapter 2009-3,
  439  Laws of Florida, are amended to read:
  440         1002.53 Voluntary Prekindergarten Education Program;
  441  eligibility and enrollment.—
  442         (1) There is created the Voluntary Prekindergarten
  443  Education Program, which. The program shall take effect in each
  444  county at the beginning of the 2005-2006 school year and shall
  445  be organized, designed, and delivered in accordance with s. 1(b)
  446  and (c), Art. IX of the State Constitution.
  447         (3) The parent of each child eligible under subsection (2)
  448  may enroll the child in one of the following programs:
  449         (a) A school-year prekindergarten program delivered by a
  450  private prekindergarten provider under s. 1002.55;
  451         (b) A summer prekindergarten program delivered by a public
  452  school or private prekindergarten provider under s. 1002.61; or
  453         (c) A school-year prekindergarten program delivered by a
  454  public school; or
  455         (d)Beginning with the 2011-2012 school year, a
  456  prekindergarten program for children with disabilities, if the
  457  child has a disability and is eligible for the program under s.
  458  1002.66.
  459  
  460  Except as provided in s. 1002.71(4), a child may not enroll in
  461  more than one of these programs.
  462         Section 8. Section 1002.66, Florida Statutes, is created to
  463  read:
  464         1002.66Prekindergarten program for children with
  465  disabilities.—
  466         (1)Beginning with the 2011-2012 school year, a child with
  467  a disability who enrolls with the early learning coalition under
  468  s. 1002.53(3)(d) is eligible for a prekindergarten program of
  469  early intervention services if:
  470         (a)The child is eligible for the Voluntary Prekindergarten
  471  Education Program under s. 1002.53.
  472         (b)A current individual educational plan has been
  473  developed for the child in accordance with rules of the State
  474  Board of Education.
  475         (2)The parent of a child who is eligible for the
  476  prekindergarten program for children with disabilities may
  477  select one or more early intervention services that the child’s
  478  individual educational plan indicates is appropriate for the
  479  child. These early intervention services may include, but are
  480  not limited to:
  481         (a)Applied behavior analysis.
  482         (b)Speech-language pathology.
  483         (c)Occupational therapy.
  484         (d)Physical therapy.
  485         (3)The early intervention services provided for a child
  486  under this section must be delivered according to professionally
  487  accepted standards and must, in accordance with the performance
  488  standards adopted by the department under s. 1002.67, address
  489  the age-appropriate progress of the child in the development of
  490  the capabilities, capacities, and skills required under s. 1(b),
  491  Art. IX of the State Constitution.
  492         (4)The department shall approve early intervention service
  493  providers whose services meet the standards in subsection (3),
  494  maintain a list of approved providers, and notify each school
  495  district and early learning coalition of the approved provider
  496  list. Upon the request of a child’s parent, the department may
  497  approve an early intervention service provider that is not on
  498  the approved list if the provider’s services meet the standards
  499  in subsection (3) and the child’s individual educational plan
  500  indicates that the services are appropriate for the child.
  501         (5)From the funds allocated to the early learning
  502  coalition for the Voluntary Prekindergarten Education Program,
  503  the coalition shall reimburse an approved early intervention
  504  service provider for authorized services provided to an eligible
  505  child, except that the cumulative total of services reimbursed
  506  for a child may not exceed the amount of the base student
  507  allocation provided in the Voluntary Prekindergarten Education
  508  Program in the General Appropriations Act.
  509         Section 9. Paragraph (a) of subsection (4) of section
  510  1002.71, Florida Statutes, as amended by chapter 2009-3, Laws of
  511  Florida, is amended to read:
  512         1002.71 Funding; financial and attendance reporting.—
  513         (4) Notwithstanding s. 1002.53(3) and subsection (2):
  514         (a) A child who, for any of the prekindergarten programs
  515  listed in s. 1002.53(3), has not completed more than 10 percent
  516  of the hours authorized to be reported for funding under
  517  subsection (2), or has not expended more than 10 percent of the
  518  funds authorized for the child under s. 1002.66, may withdraw
  519  from the program for good cause, reenroll in one of the
  520  programs, and be reported for funding purposes as a full-time
  521  equivalent student in the program in for which the child is
  522  reenrolled. The total funding for a child who reenrolls in one
  523  of the programs may shall not exceed one full-time equivalent
  524  student.
  525  
  526  A child may reenroll only once in a prekindergarten program
  527  under this section. A child who reenrolls in a prekindergarten
  528  program under this subsection may not subsequently withdraw from
  529  the program and reenroll. The Agency for Workforce Innovation
  530  shall establish criteria specifying whether a good cause exists
  531  for a child to withdraw from a program under paragraph (a),
  532  whether a child has substantially completed a program under
  533  paragraph (b), and whether an extreme hardship exists which is
  534  beyond the child’s or parent’s control under paragraph (b).
  535         Section 10. Paragraphs (a) and (f) of subsection (2) of
  536  section 1002.75, Florida Statutes, are amended to read:
  537         1002.75 Agency for Workforce Innovation; powers and duties;
  538  operational requirements.—
  539         (2) The Agency for Workforce Innovation shall adopt
  540  procedures governing the administration of the Voluntary
  541  Prekindergarten Education Program by the early learning
  542  coalitions and school districts for:
  543         (a) Enrolling children in and determining the eligibility
  544  of children for the Voluntary Prekindergarten Education Program
  545  under ss. 1002.53 and 1002.66 s. 1002.53.
  546         (f) Paying private prekindergarten providers, and public
  547  schools, and early intervention service providers under ss.
  548  1002.66 and 1002.71 s. 1002.71.
  549         Section 11. This act shall take effect July 1, 2009.
  550