Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1826
                                Barcode 398084                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/31/2012           .                                

       The Committee on Health Regulation (Gaetz) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 383.141, Florida Statutes, is created to
    6  read:
    7         383.141Prenatally diagnosed conditions; patient to be
    8  provided information; definitions; clearinghouse of information;
    9  advisory council.—
   10         (1) The Legislature finds that pregnant women who choose to
   11  undergo prenatal testing for developmental disabilities should
   12  have access to timely and informative counseling about the
   13  conditions being tested for, the accuracy of such tests, and
   14  resources for obtaining support services for such conditions. It
   15  is especially essential for a pregnant woman whose unborn child
   16  has been diagnosed with a developmental disability through
   17  prenatal testing to be adequately informed of the accuracy of
   18  such testing, implications of the diagnosis, possible treatment
   19  options, and available support networks, as the results of such
   20  testing and the counseling that follows may lead to the
   21  unnecessary abortion of unborn humans.
   22         (2) As used in this section, the term:
   23         (a) “Down syndrome” means a chromosomal disorder caused by
   24  an error in cell division which results in the presence of an
   25  extra whole or partial copy of chromosome 21.
   26         (b) "Developmental disability" includes Down syndrome and
   27  other developmental disabilities defined by s. 393.063(9).
   28         (c) “Health care provider” means a physician licensed or
   29  registered under ch. 458 or 459.
   30         (d) “Prenatally diagnosed condition” means an adverse fetal
   31  health condition identified by prenatal testing.
   32         (e) “Prenatal test” or "prenatal testing" means a
   33  diagnostic procedure or screening procedure performed on a
   34  pregnant woman or her unborn offspring to obtain information
   35  about her offspring’s health or development.
   36         (3) When a developmental disability is diagnosed based on
   37  the results of a prenatal test, the health care provider who
   38  ordered the prenatal test, or his or her designee, shall provide
   39  the patient with current information about the nature of the
   40  developmental disability, the accuracy of the prenatal test, and
   41  resources for obtaining relevant support services, including
   42  hotlines, resource centers, and information clearinghouses
   43  related to Down syndrome or other prenatally diagnosed
   44  developmental disabilities; support programs for parents and
   45  families; and developmental evaluation and intervention services
   46  under s. 391.303.
   47         (4) The Department of Health shall establish a
   48  clearinghouse of information related to developmental
   49  disabilities concerning providers of supportive services,
   50  information hotlines specific to Down syndrome and other
   51  prenatally diagnosed developmental disabilities, resource
   52  centers, educational programs, other support programs for
   53  parents and families, and developmental evaluation and
   54  intervention services under s. 391.303. Such information shall
   55  be made available to health care providers for use in counseling
   56  pregnant women whose unborn children have been prenatally
   57  diagnosed with developmental disabilities.
   58         (a) There is established an advisory council within the
   59  Department of Health which consists of health care providers and
   60  caregivers who perform health care services for persons who have
   61  developmental disabilities, including Down syndrome and autism.
   62  This group shall consist of nine members:
   63         1. Three members appointed by the Governor;
   64         2. Three members appointed by the President of the Senate;
   65  and
   66         3. Three members appointed by the Speaker of the House of
   67  Representatives.
   68         (b) The advisory council shall provide technical assistance
   69  to the Department of Health in the establishment of the
   70  information clearinghouse and give the department the benefit of
   71  the council members' knowledge and experience relating to the
   72  needs of patients and families of patients with developmental
   73  disabilities and available support services.
   74         (c) Members of the council shall elect a chairperson and a
   75  vice chairperson. The elected chairperson and vice chairperson
   76  shall serve in these roles until their terms of appointment on
   77  the council expire.
   78         (d)The advisory council shall meet quarterly to review
   79  this clearinghouse of information, and may meet more often at
   80  the call of the chairperson or as determined by a majority of
   81  members.
   82         (e) The council members shall serve four-year terms, except
   83  that, to provide for staggered terms, one initial appointee each
   84  from the Governor, the President of the Senate, and the Speaker
   85  of the House of Representatives shall serve a two-year term, one
   86  appointee each from these officials shall serve a three-year
   87  term, and the remaining initial appointees shall serve four-year
   88  terms. All subsequent appointments shall be for four-year terms.
   89  A vacancy shall be filled for the remainder of the unexpired
   90  term in the same manner as the original appointment.
   91         (f) Members of the council shall serve without compensation
   92  but are entitled to reimbursement for per diem and travel
   93  expenses as provided in s. 112.061.
   94         (f) The Department of Health shall provide administrative
   95  support for the advisory council.
   96         Section 2. Paragraph (a) of subsection (2) of section
   97  1002.39, Florida Statutes, is amended, and section (14) is added
   98  to that section to read:
   99         1002.39 The John M. McKay Scholarships for Students with
  100  Disabilities Program.—There is established a program that is
  101  separate and distinct from the Opportunity Scholarship Program
  102  and is named the John M. McKay Scholarships for Students with
  103  Disabilities Program.
  104         (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a
  105  student with a disability may request and receive from the state
  106  a John M. McKay Scholarship for the child to enroll in and
  107  attend a private school in accordance with this section if:
  108         (a) The student has:
  109         1. Received specialized instructional services under the
  110  Voluntary Prekindergarten Education Program pursuant to s.
  111  1002.66 during the previous school year and the student has a
  112  current individual educational plan developed by the local
  113  school board in accordance with rules of the State Board of
  114  Education for the John M. McKay Scholarships for Students with
  115  Disabilities Program or a 504 accommodation plan has been issued
  116  under s. 504 of the Rehabilitation Act of 1973;
  117         2. Spent the prior school year in attendance at a Florida
  118  public school or the Florida School for the Deaf and the Blind.
  119  For purposes of this subparagraph, prior school year in
  120  attendance means that the student was enrolled and reported by:
  121         a. A school district for funding during the preceding
  122  October and February Florida Education Finance Program surveys
  123  in kindergarten through grade 12, which includes time spent in a
  124  Department of Juvenile Justice commitment program if funded
  125  under the Florida Education Finance Program;
  126         b. The Florida School for the Deaf and the Blind during the
  127  preceding October and February student membership surveys in
  128  kindergarten through grade 12; or
  129         c. A school district for funding during the preceding
  130  October and February Florida Education Finance Program surveys,
  131  was at least 4 years of age when so enrolled and reported, and
  132  was eligible for services under s. 1003.21(1)(e); or
  133         3. Been enrolled and reported by a school district for
  134  funding, during the October and February Florida Education
  135  Finance Program surveys, in any of the 5 years prior to the
  136  2010-2011 fiscal year; has a current individualized educational
  137  plan developed by the district school board in accordance with
  138  rules of the State Board of Education for the John M. McKay
  139  Scholarship Program no later than June 30, 2011; and receives a
  140  first-time John M. McKay scholarship for the 2011-2012 school
  141  year. Upon request of the parent, the local school district
  142  shall complete a matrix of services as required in subparagraph
  143  (5)(b)1. for a student requesting a current individualized
  144  educational plan in accordance with the provisions of this
  145  subparagraph.
  147  However, a dependent child of a member of the United States
  148  Armed Forces who transfers to a school in this state from out of
  149  state or from a foreign country due to a parent’s permanent
  150  change of station orders is exempt from this paragraph but must
  151  meet all other eligibility requirements to participate in the
  152  program. Upon the enrollment of the dependent child of a member
  153  of the United States Armed Forces, the school shall provide
  154  information regarding this program.
  157         (a)The John M. McKay Scholarships for Students with
  158  Disabilities Pilot Program is established for 2 years in the
  159  Charlotte, DeSoto, Manatee, and Sarasota school districts to
  160  provide the option to receive a scholarship for instruction at
  161  private schools for students who:
  162         1. Have a disability;
  163         2. Are 22 years of age;
  164         3.Are receiving instruction from an instructor in a
  165  private school to meet the high school graduation requirements
  166  in s. 1003.428;
  167         4.Do not have a standard high school diploma or a special
  168  high school diploma; and
  169         5.Receive supported employment services, which is
  170  employment that is located or provided in an integrated work
  171  setting, with earnings paid on a commensurate wage basis, and
  172  for which continued support is needed for job maintenance.
  174  As used in this subsection, the term “student with a disability”
  175  includes a student who is documented as having an intellectual
  176  disability; a speech impairment; a language impairment; a
  177  hearing impairment, including deafness; a visual impairment,
  178  including blindness; a dual sensory impairment; an orthopedic
  179  impairment; another health impairment; an emotional or
  180  behavioral disability; a specific learning disability,
  181  including, but not limited to, dyslexia, dyscalculia, or
  182  developmental aphasia; a traumatic brain injury; a developmental
  183  delay; or autism spectrum disorder.
  184         (b)For purposes of continuity of educational choice, a
  185  student participating in the John M. McKay Scholarship Pilot
  186  Program may continue to participate in the program until the
  187  student graduates from high school, or reaches the age of 23,
  188  whichever occurs first.
  189         (c)The supported employment services may be provided at
  190  more than one site.
  191         (d)The provider of supported employment services must be a
  192  nonprofit corporation under s. 501(c)(3) of the Internal Revenue
  193  Code which serves Charlotte, DeSoto, Manatee, or Sarasota school
  194  districts and must contract with a private school in this state
  195  which meets the requirements in paragraph (e).
  196         (e)A private school that participates in the program may
  197  be sectarian or nonsectarian and must meet the following
  198  requirements:
  199         1.Be academically accountable for meeting the educational
  200  needs of the student by annually providing to the provider of
  201  supported employment services a written explanation of the
  202  student’s progress.
  203         2.Comply with the anti-discrimination provisions of 42
  204  U.S.C. s. 2000d.
  205         3.Meet state and local health and safety laws and codes.
  206         4.Provide to the provider of supported employment services
  207  all documentation required for a student’s participation,
  208  including the private school’s and student’s fee schedules, at
  209  least 30 days before any quarterly scholarship payment is made
  210  for the student. A student is not eligible to receive a
  211  quarterly scholarship payment if the private school fails to
  212  meet this deadline.
  214  The inability of a private school to meet the requirements of
  215  this paragraph constitutes a basis for the ineligibility of the
  216  private school to participate in the scholarship program.
  217         (f)1.If the student chooses to participate in the program
  218  and is accepted by the provider of supported employment
  219  services, the student must notify the Department of Education of
  220  his or her acceptance into the program 60 days before the first
  221  scholarship payment and before participating in the program in
  222  order to be eligible for the scholarship.
  223         2.Upon receipt of a scholarship warrant, the student or
  224  parent to whom the warrant is made must restrictively endorse
  225  the warrant to the provider of supported employment services for
  226  deposit into the account of the provider. The student or parent
  227  may not designate any entity or individual associated with the
  228  participating provider of supported employment services as the
  229  student’s or parent’s attorney in fact to endorse a scholarship
  230  warrant. A participant who fails to comply with this paragraph
  231  forfeits the scholarship.
  232         (g)Funds for the scholarship shall be provided through the
  233  Florida Education Finance Program to the school district for
  234  students who reside in the Charlotte, DeSoto, Manatee, or
  235  Sarasota school districts. During the 2-year pilot program, the
  236  maximum scholarship granted for an eligible student with a
  237  disability shall be equivalent to the base student allocation in
  238  the Florida Education Finance Program, multiplied by the high
  239  school cost factor, and multiplied by the district cost
  240  differential for the district in which the student resides.
  241         (h)Upon notification by the Department of Education that
  242  it has received the required documentation, the Chief Financial
  243  Officer shall make scholarship payments in four equal amounts no
  244  later than September 1, November 1, February 1, and April 1 of
  245  each academic year in which the scholarship is in force. The
  246  initial payment shall be made after the Department of Education
  247  verifies that the student was accepted into the program, and
  248  subsequent payments shall be made upon verification of continued
  249  participation in the program. Payment must be by individual
  250  warrant made payable to the student or parent and mailed by the
  251  Department of Education to the provider of supported employment
  252  services, and the student or parent shall restrictively endorse
  253  the warrant to the provider of supported employment services for
  254  deposit into the account of that provider.
  255         (i)Subsequent to each scholarship payment, the Department
  256  of Education shall request from the Department of Financial
  257  Services a sample of endorsed warrants to review and confirm
  258  compliance with endorsement requirements.
  259         Section 3. Paragraphs (f) and (g) of subsection (4) of
  260  section 1004.55, Florida Statutes, are amended to read:
  261         1004.55 Regional autism centers; public record exemptions.—
  262         (4) Each center shall provide:
  263         (f) Coordination and dissemination of local and regional
  264  information regarding available resources for services for
  265  children who have with the developmental disabilities as defined
  266  in s. 393.063(9) and s.393.063(13)described in subsection (1).
  267         (g) Support to state agencies in the development of
  268  training for early child care providers and educators with
  269  respect to the developmental disabilities as defined in s.
  270  393.063(9) and s.393.063(13)described in subsection (1).
  271         Section 4. This act shall take effect July 1, 2012.
  273  ================= T I T L E  A M E N D M E N T ================
  274         And the title is amended as follows:
  275         Delete everything before the enacting clause
  276  and insert:
  277                        A bill to be entitled                      
  278         An act relating to developmental disabilities;
  279         creating s. 383.141, F.S.; providing legislative
  280         findings; providing definitions; requiring that health
  281         care providers provide pregnant women with current
  282         information about the nature of the developmental
  283         disabilities tested for in certain prenatal tests, the
  284         accuracy of such tests, and resources for obtaining
  285         support services for Down syndrome and other
  286         prenatally diagnosed developmental disabilities;
  287         providing duties for the Department of Health
  288         concerning establishment of an information
  289         clearinghouse; creating an advocacy council within the
  290         Department of Health to provide technical assistance
  291         in forming the clearinghouse; providing membership for
  292         the council; providing duties of the council;
  293         providing terms for members of the council; providing
  294         for election of a chairperson and vice chairperson;
  295         providing meeting times for the council; requiring the
  296         members to serve without compensation but be
  297         reimbursed for per diem and travel expenses; requiring
  298         the Department of Health to provide administrative
  299         support; amending s. 1002.39, F.S.; expanding
  300         eligibility requirements; requiring that each school
  301         provide information regarding the John M. McKay
  302         Scholarship Program upon the enrollment of certain
  303         dependent children members of the United States Armed
  304         Forces; creating a 2-year pilot program to provide for
  305         scholarships to certain students who have disabilities
  306         to attend certain private schools under contract with
  307         providers of supported employment services; providing
  308         eligibility requirements for students; providing a
  309         definition for a student who has a disability;
  310         providing for the term of the scholarship; authorizing
  311         supported employment services to be provided at
  312         multiple sites; providing eligibility requirements for
  313         providers of supported employment services and private
  314         schools; providing that a private school that fails to
  315         meet the eligibility requirements is ineligible to
  316         participate in the program; requiring that a student
  317         who chooses to participate in the program notify the
  318         Department of Education of the student’s acceptance
  319         into the program; providing for the restrictive
  320         endorsement of a warrant by a participating
  321         scholarship student or parent; prohibiting a power of
  322         attorney for endorsing a scholarship warrant;
  323         providing requirements for scholarship funding and
  324         payment; requiring that the Department of Education
  325         request from the Department of Financial Services a
  326         sample of endorsed warrants to review and confirm
  327         compliance with endorsement requirements; amending s.
  328         1004.55, F.S.; requiring each regional autism center
  329         in this state to provide coordination and
  330         dissemination of local and regional information
  331         regarding available resources for services for
  332         children who have developmental disabilities; revising
  333         the requirements for regional autism centers with
  334         respect to supporting state agencies in development
  335         training; providing an effective date.