ENROLLED
       2022 Legislature                                          SB 236
       
       
       
       
       
       
                                                              2022236er
    1  
    2         An act relating to children with developmental delays;
    3         amending s. 1003.01, F.S.; revising the definition of
    4         the term “exceptional student” to include additional
    5         students with developmental delays; amending s.
    6         1003.21, F.S.; conforming provisions to changes made
    7         by the act; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (a) of subsection (3) of section
   12  1003.01, Florida Statutes, is amended to read:
   13         1003.01 Definitions.—As used in this chapter, the term:
   14         (3)(a) “Exceptional student” means any student who has been
   15  determined eligible for a special program in accordance with
   16  rules of the State Board of Education. The term includes
   17  students who are gifted and students with disabilities who have
   18  an intellectual disability; autism spectrum disorder; a speech
   19  impairment; a language impairment; an orthopedic impairment; an
   20  other health impairment; traumatic brain injury; a visual
   21  impairment; an emotional or behavioral disability; or a specific
   22  learning disability, including, but not limited to, dyslexia,
   23  dyscalculia, or developmental aphasia; students who are deaf or
   24  hard of hearing or dual sensory impaired; students who are
   25  hospitalized or homebound; children with developmental delays
   26  ages birth through 9 5 years or through the student’s completion
   27  of grade 2, whichever occurs first, or children, ages birth
   28  through 2 years, with established conditions that are identified
   29  in State Board of Education rules pursuant to s. 1003.21(1)(e).
   30         Section 2. Paragraph (e) of subsection (1) of section
   31  1003.21, Florida Statutes, is amended to read:
   32         1003.21 School attendance.—
   33         (1)
   34         (e) Consistent with rules adopted by the State Board of
   35  Education, children with disabilities who have attained the age
   36  of 3 years shall be eligible for admission to public special
   37  education programs and for related services. Children with
   38  disabilities younger than 3 years of age who are deaf or hard of
   39  hearing, visually impaired, dual sensory impaired,
   40  orthopedically impaired, or other health impaired or who have
   41  experienced traumatic brain injury, have autism spectrum
   42  disorder, have established conditions, or exhibit developmental
   43  delays or intellectual disabilities may be eligible for special
   44  programs and may receive services in accordance with rules of
   45  the State Board of Education. Rules for the identification of
   46  established conditions for children birth through 2 years of age
   47  and developmental delays for children birth through 9 5 years of
   48  age or through the student’s completion of grade 2, whichever
   49  occurs first, must be adopted by the State Board of Education.
   50         Section 3. This act shall take effect July 1, 2022.