Senate Bill sb2172e1

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  1                      A bill to be entitled

  2         An act relating to school advisory councils;

  3         amending s. 229.58, F.S.; requiring school

  4         advisory councils to adopt bylaws; requiring

  5         that the bylaws include procedures for

  6         establishing a quorum, requiring notice of

  7         meetings, and replacing members; requiring the

  8         district school board to annually review and

  9         approve the proposed bylaws; authorizing a

10         demonstration program to be called Learning

11         Gateway; creating a steering committee;

12         providing for membership and appointment of

13         steering committee members; establishing duties

14         of the steering committee; authorizing

15         demonstration projects in specified counties;

16         authorizing designated agencies to provide

17         confidential information to such program;

18         providing for funding; providing an effective

19         date.

20

21  Be It Enacted by the Legislature of the State of Florida:

22

23         Section 1.  Paragraph (d) is added to subsection (1) of

24  section 229.58, Florida Statutes, to read:

25         229.58  District and school advisory councils.--

26         (1)  ESTABLISHMENT.--

27         (d)  Each school advisory council shall adopt bylaws

28  establishing procedures for:

29         1.  Requiring a quorum to be present before a vote may

30  be taken by the school advisory council. A majority of the

31  membership of the council constitutes a quorum.


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  1         2.  Requiring at least 3-days' advance notice in

  2  writing to all members of the advisory council of any matter

  3  that is scheduled to come before the council for a vote.

  4         3.  Scheduling meetings when parents, students,

  5  teachers, business persons, and members of the community can

  6  attend.

  7         4.  Replacing any member who has two unexcused

  8  consecutive absences from a school advisory council meeting

  9  that is noticed according to the procedures in the bylaws.

10         5.  Recording minutes of meetings.

11

12  The district school board may review all proposed bylaws of a

13  school advisory council annually and shall maintain a record

14  of minutes of council meetings.

15         Section 2.  Learning Gateway.--

16         (1)  PROGRAM  GOALS.--The Legislature authorizes a

17  3-year demonstration program, to be called the Learning

18  Gateway, the purpose of which is to provide parents access to

19  information, referral, and services to lessen the effects of

20  learning disabilities in children from birth to age 9.

21  Parental consent shall be required for initial contact and

22  referral for evaluation and services provided through the

23  Learning Gateway. Each pilot program must design and test an

24  integrated, community-based system to help parents identify

25  learning problems and access early-education and intervention

26  services in order to minimize or prevent learning

27  disabilities. The Learning Gateway must be available to

28  parents in the settings where they and their children live,

29  work, seek care, or study. The goals of the Learning Gateway

30  are to:

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  1         (a)  Improve community awareness and education of

  2  parents and practitioners about the warning signs or

  3  precursors of learning problems and learning disabilities,

  4  including disorders or delayed development in language,

  5  attention, behavior, and social-emotional functioning,

  6  including dyslexia and attention deficit hyperactivity

  7  disorder, in children from birth through age 9.

  8         (b)  Improve access for children who are experiencing

  9  early learning problems and their families to appropriate

10  programs, services, and supports through improved outreach and

11  referral processes among providers.

12         (c)  Improve developmental monitoring and the

13  availability to parents of appropriate screening resources,

14  with emphasis on children from birth through age 9 who are at

15  high risk of having learning problems.

16         (d)  Improve the availability to parents of appropriate

17  education and intervention programs, services, and supports to

18  address learning problems and learning disabilities.

19         (e)  Identify gaps in the array of services and

20  supports so that an appropriate child-centered and

21  family-centered continuum of education and support would be

22  readily available in each community.

23         (f)  Improve accountability of the system through

24  improved planning, integration, and collaboration among

25  providers and through outcome measurement in collaboration

26  with parents.

27         (2)  LEARNING GATEWAY STEERING COMMITTEE.--

28         (a)  To ensure that parents of children with potential

29  learning problems and learning disabilities have access to the

30  appropriate necessary services and supports, an 18-member

31  steering committee is created. The steering committee is


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  1  assigned to the Department of Education for administrative

  2  purposes.

  3         (b)  The duties of the Learning Gateway Steering

  4  Committee are to provide policy development, consultation,

  5  oversight, and support for the implementation of three

  6  demonstration programs and to advise the agencies, the

  7  Legislature, and the Governor on statewide implementation of

  8  system components and issues and on strategies for continuing

  9  improvement to the system.

10         (c)  The steering committee shall direct the

11  administering agency of the Learning Gateway program to expend

12  the funds appropriated for the steering committee's use to

13  procure the products delineated in section 3 of this act

14  through contracts or other means. The steering committee and

15  the Learning Gateway pilot programs will provide information

16  and referral for services but will not provide direct services

17  to parents or children.

18         (d)  The steering committee must include parents,

19  service providers, and representatives of the disciplines

20  relevant to diagnosis of and intervention in early learning

21  problems. The Governor shall appoint one member from the

22  private sector who has expertise in communications, management

23  or service provision, one member who has expertise in

24  children's vision, one member who has expertise in learning

25  disabilities, one member who has expertise in audiology, one

26  member who is a parent of a child eligible for services by the

27  Learning Gateway, and one provider of related diagnostic and

28  intervention services. The President of the Senate shall

29  appoint one member from the private sector who has expertise

30  in communications, management or service provision, one member

31  who has expertise in emergent literacy, one member who has


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  1  expertise in pediatrics, one member who has expertise in brain

  2  development, one member who is a parent of a child eligible

  3  for services by the Learning Gateway, and one member who is a

  4  provider of related diagnostic and intervention services. The

  5  Speaker of the House of Representatives shall appoint one

  6  member from the private sector who has expertise in

  7  communications, management or service provision, one member

  8  who has expertise in environmental health and allergies, one

  9  member who has expertise in children's nutrition, one member

10  who has expertise in family medicine, one parent of a child

11  eligible for services by the Learning Gateway, and one member

12  who is a school psychologist providing diagnostic and

13  intervention services.

14         (e)  To support and facilitate system improvements, the

15  steering committee must consult with representatives from the

16  Department of Education, the Department of Health, the Florida

17  Partnership for School Readiness, the Department of Children

18  and Family Services, the Agency for Health Care

19  Administration, the Department of Juvenile Justice, and the

20  Department of Corrections and the director of the Learning

21  Development and Evaluation Center of Florida Agricultural and

22  Mechanical University.

23         (f)  Steering committee appointments must be made, and

24  the committee must hold its first meeting, within 90 days

25  after this act takes effect. Steering committee members shall

26  be appointed to serve a term of 3 years. The Governor shall

27  designate the chairman of the steering committee.

28         (g)  Steering committee members shall not receive

29  compensation for their services, but may receive reimbursement

30  for travel expenses incurred under section 112.061, Florida

31  Statutes.


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  1         (3)  LEARNING GATEWAY DEMONSTRATION PROJECTS.--

  2         (a)  Within 90 days after its initial meeting, the

  3  Learning Gateway Steering Committee shall accept proposals

  4  from interagency consortia in Orange, Manatee, and St. Lucie

  5  counties which comprise public and private providers,

  6  community agencies, business representatives, and the local

  7  school board in each county to serve as demonstration sites

  8  for design and development of a system that addresses the

  9  requirements in section 3 of this act. If there is no proposal

10  from one of the designated counties, the steering committee

11  may select another county to serve as a demonstration site by

12  majority vote.

13         (b)  The proposals for demonstration projects must

14  provide a comprehensive and detailed description of the system

15  of care. The description of the proposed system of care must

16  clearly indicate the point of access for parents, integration

17  of services, linkages of providers, and additional array of

18  services required to address the needs of children and

19  families.

20         (c)  The demonstration projects should ensure that the

21  system of care appropriately includes existing services to the

22  fullest extent possible and should determine additional

23  programs, services, and supports that would be necessary to

24  implement the requirements of this act.

25         (d)  The projects, in conjunction with the steering

26  committee, shall determine what portion of the system can be

27  funded using existing funds, demonstration funds provided by

28  this act, and other available private and community funds.

29         (e)  The demonstration projects shall recommend to the

30  steering committee the linking or combining of some or all of

31  the local planning bodies, including school readiness


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  1  coalitions, Healthy Start coalitions, Part C advisory

  2  councils, Department of Children and Family Services community

  3  alliances, and other boards or councils that have a primary

  4  focus on services for children from birth to age 9, to the

  5  extent allowed by federal regulations, if such changes would

  6  improve coordination and reduce unnecessary duplication of

  7  effort.

  8         (f)  Demonstration projects shall use public and

  9  private partnerships, partnerships with faith-based

10  organizations, and volunteers, as appropriate, to enhance

11  accomplishment of the goals of the system.

12         (g)  Addressing system components delineated in section

13  3 of this act, each demonstration project proposal must

14  include, at a minimum:

15         1.  Protocols for requiring and receiving parental

16  consent for Learning Gateway services.

17         2.  A method for establishing communication with

18  parents and coordination and planning processes within the

19  community.

20         3.  Action steps for making appropriate linkages to

21  existing services within the community.

22         4.  Procedures to determine gaps in services and

23  identify appropriate providers.

24         5.  A lead agency to serve as the system access point,

25  or gateway.

26         (h)  As authorized under the budget authority of the

27  Department of Education, demonstration projects,

28  representative of the diversity of the communities in this

29  state, shall be established in Manatee, Orange, and St. Lucie

30  counties as local Learning Gateway sites and shall be

31  authorized to hire staff, establish office space, and contract


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  1  for administrative services as needed to implement the project

  2  within the budget designated by the Legislature.

  3         (i)  The steering committee must approve, deny, or

  4  conditionally approve a Learning Gateway proposal within 60

  5  days after receipt of the proposal. If a proposal is

  6  conditionally approved, the steering committee must assist the

  7  Learning Gateway applicant to correct deficiencies in the

  8  proposal by December 1, 2002. Funds must be available to a

  9  pilot program 15 days after final approval of its proposal by

10  the steering committee. Funds must be available to all pilot

11  programs by January 1, 2003.

12         Section 3.  Components of the Learning Gateway.--

13         (1)  The Learning Gateway system consists of the

14  following components:

15         (a)  Community education strategies and family-oriented

16  access.--

17         1.  Each local demonstration project shall establish

18  the system access point, or gateway, by which parents can

19  receive information about available appropriate services.  An

20  existing public or private agency or provider or new provider

21  may serve as the system gateway. The local Learning Gateway

22  should provide parents and caretakers with a single point of

23  access for screening, assessment, and referral for services

24  for children from birth through age 9. The demonstration

25  projects have the budgetary authority to hire appropriate

26  personnel to perform administrative functions. These staff

27  members must be knowledgeable about child development, early

28  identification of learning problems and learning disabilities,

29  family service planning, and services in the local area. Each

30  demonstration project must arrange for the following services

31  to be provided by existing service systems:


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  1         a.  Conducting intake with families.

  2         b.  Conducting appropriate screening or referral for

  3  such services.

  4         c.  Conducting needs/strengths-based family assessment.

  5         d.  Developing family resource plans.

  6         e.  Making referrals for needed services and assisting

  7  families in the application process.

  8         f.  Providing service coordination as needed by

  9  families.

10         g.  Assisting families in establishing a medical home.

11         h.  Conducting case management and transition planning

12  as necessary.

13         i.  Monitoring performance of service providers against

14  appropriate standards.

15         2.  The Learning Gateway Steering Committee and

16  demonstration projects shall designate a central information

17  and referral access phone number for parents in each pilot

18  community. This centralized phone number should be used to

19  increase public awareness and to improve access to local

20  supports and services for children from birth through age 9

21  and their families. The number should be highly publicized as

22  the primary source of information on services for young

23  children. The telephone staff should be trained and supported

24  to offer accurate and complete information and to make

25  appropriate referrals to existing public and private community

26  agencies.

27         3.  In collaboration with local resources such as

28  Healthy Start, the demonstration projects shall develop

29  strategies for offering hospital visits or home visits by

30  trained staff to new mothers. The Learning Gateway Steering

31  Committee shall provide technical assistance to local


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  1  demonstration projects in developing brochures and other

  2  materials to be distributed to parents of newborns.

  3         4.  In collaboration with other local resources, the

  4  demonstration projects shall develop public awareness

  5  strategies to disseminate information about developmental

  6  milestones, precursors of learning problems and other

  7  developmental delays, and the service system that is

  8  available. The information should target parents of children

  9  from birth through age 9 and should be distributed to parents,

10  health care providers, and caregivers of children from birth

11  through age 9. A variety of media should be used as

12  appropriate, such as print, television, radio, and a

13  community-based internet web site, as well as opportunities

14  such as those presented by parent visits to physicians for

15  well-child check-ups. The Learning Gateway Steering Committee

16  shall provide technical assistance to the local demonstration

17  projects in developing and distributing educational materials

18  and information.

19         a.  Public awareness strategies targeting parents of

20  children from birth through age 5 shall be designed to provide

21  information to public and private preschool programs,

22  childcare providers, pediatricians, parents, and local

23  businesses and organizations. These strategies should include

24  information on the school readiness performance standards for

25  kindergarten adopted by the School Readiness Partnership

26  Board.

27         b.  Public awareness strategies targeting parents of

28  children from ages 6 through 9 must be designed to disseminate

29  training materials and brochures to parents and public and

30  private school personnel, and must be coordinated with the

31  local school board and the appropriate school advisory


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  1  committees in the demonstration projects. The materials should

  2  contain information on state and district proficiency levels

  3  for grades K-3.

  4         (b)  Screening and developmental monitoring.--

  5         1.  In coordination with the Partnership for School

  6  Readiness, the Department of Education, and the Florida

  7  Pediatric Society, and using information learned from the

  8  local demonstration projects, the Learning Gateway Steering

  9  Committee shall establish guidelines for screening children

10  from birth through age 9. The guidelines should incorporate

11  recent research on the indicators most likely to predict early

12  learning problems, mild developmental delays, child-specific

13  precursors of school failure, and other related developmental

14  indicators in the domains of cognition; communication;

15  attention; perception; behavior; and social, emotional,

16  sensory, and motor functioning.

17         2.  Based on the guidelines established by the steering

18  committee and in cooperation with the Florida Pediatric

19  Society, the steering committee shall adopt a comprehensive

20  checklist for child healthcare checkups and a corresponding

21  training package for physicians and other medical personnel in

22  implementing more effective screening for precursors of

23  learning problems, learning disabilities, and mild

24  developmental delays.

25         3.  Using the screening guidelines developed by the

26  steering committee, local demonstration projects should engage

27  local physicians and other medical professionals in enhancing

28  the screening opportunities presented by immunization visits

29  and other well-child appointments, in accordance with the

30  American Academy of Pediatrics Periodicity Schedule.

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  1         4.  Using the screening guidelines developed by the

  2  steering committee, the demonstration projects shall develop

  3  strategies to increase early identification of precursors to

  4  learning problems and learning disabilities through providing

  5  parents the option of improved screening and referral

  6  practices within public and private early care and education

  7  programs and K-3 public and private school settings.

  8  Strategies may include training and technical assistance teams

  9  to assist program providers and teachers. The program shall

10  collaborate appropriately with the school readiness

11  coalitions, local school boards, and other community resources

12  in arranging training and technical assistance for early

13  identification and screening with parental consent.

14         5.  The demonstration project shall work with

15  appropriate local entities to reduce the duplication of

16  cross-agency screening in each demonstration project area.

17  Demonstration projects shall provide opportunities for public

18  and private providers of screening and assessment at each age

19  level to meet periodically to identify gaps or duplication of

20  efforts in screening practices.

21         6.  Based on technical assistance and support provided

22  by the steering committee and in conjunction with the school

23  readiness coalitions and other appropriate entities,

24  demonstration projects shall develop a system to log the

25  number of children screened, assessed, and referred for

26  services. After development and testing, tracking should be

27  supported by a standard electronic data system for screening

28  and assessment information.

29         7.  In conjunction with the technical assistance of the

30  steering committee, demonstration projects shall develop a

31  system for targeted screening. The projects should conduct a


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  1  needs assessment of existing services and programs where

  2  targeted screening programs should be offered. Based on the

  3  results of the needs assessment, the project shall develop

  4  procedures within the demonstration community whereby periodic

  5  developmental screening could be offered to parents of

  6  children from birth through age 9 who are served by state

  7  intervention programs or whose parents or caregivers are in

  8  state intervention programs. Intervention programs for

  9  children, parents, and caregivers include those administered

10  or funded by the:

11         a.  Agency for Health Care Administration;

12         b.  Department of Children and Family Services;

13         c.  Department of Corrections and other criminal

14  justice programs;

15         d.  Department of Education;

16         e.  Department of Health; and

17         f.  Department of Juvenile Justice.

18         8.  When results of screening suggest developmental

19  problems, potential learning problems, or learning

20  disabilities, the intervention program shall inform the

21  child's parent of the results of the screening and shall offer

22  to refer the child to the Learning Gateway for coordination of

23  further assessment. If the parent chooses to have further

24  assessment, the Learning Gateway shall make referrals to the

25  appropriate entities within the service system.

26         9.  The local Learning Gateway shall provide for

27  followup contact to all families whose children have been

28  found ineligible for services under Part B or Part C of the

29  IDEA to inform them of other services available in the county.

30         10.  Notwithstanding any law to the contrary, each

31  agency participating in the Learning Gateway is authorized to


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  1  provide to a Learning Gateway program confidential information

  2  exempt from disclosure under chapter 119, Florida Statutes,

  3  regarding a developmental screening on any child participating

  4  in the Learning Gateway who is or has been the subject of a

  5  developmental screening within the jurisdiction of each

  6  agency.

  7         (c)  Early education, services and supports.--

  8         1.  The demonstration projects shall develop a

  9  conceptual model system of care that builds upon, integrates,

10  and fills the gaps in existing services. The model shall

11  indicate how qualified providers of family-based or

12  center-based interventions or public and private school

13  personnel may offer services in a manner consistent with the

14  standards established by their profession and by the standards

15  and criteria adopted by the steering committee and consistent

16  with effective and proven strategies. The specific services

17  and supports may include:

18         a.  High-quality early education and care programs.

19         b.  Assistance to parents and other caregivers, such as

20  home-based modeling programs for parents and play programs to

21  provide peer interactions.

22         c.  Speech and language therapy that is

23  age-appropriate.

24         d.  Parent education and training.

25         e.  Comprehensive medical screening and referral with

26  biomedical interventions as necessary.

27         f.  Referral as needed for family therapy, other mental

28  health services, and treatment programs.

29         g.  Family support services as necessary.

30

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  1         h.  Therapy for learning differences in reading and

  2  math, and attention to subject material for children in grades

  3  K-3.

  4         i.  Referral for Part B or Part C services as required.

  5         j.  Expanded access to community-based services for

  6  parents.

  7         k.  Parental choice in the provision of services by

  8  public and private providers.

  9

10  The model shall include a statement of the cost of

11  implementing the model.

12         2.  Demonstration projects shall develop strategies to

13  increase the use of appropriate intervention practices with

14  children who have learning problems and learning disabilities

15  within public and private early care and education programs

16  and K-3 public and private school settings. Strategies may

17  include training and technical assistance teams. Intervention

18  must be coordinated and must focus on providing effective

19  supports to children and their families within their regular

20  education and community environment. These strategies must

21  incorporate, as appropriate, school and district activities

22  related to the student's academic improvement plan and must

23  provide parents with greater access to community-based

24  services that should be available beyond the traditional

25  school day. Academic expectations for public school students

26  in grades K-3 must be based upon the local school board's

27  adopted proficiency levels. When appropriate, school personnel

28  shall consult with the local Learning Gateway to identify

29  other community resources for supporting the child and the

30  family.

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  1         3.  The steering committee, in cooperation with the

  2  Department of Children and Family Services, the Department of

  3  Education, and the Florida Partnership for School Readiness,

  4  shall identify the elements of an effective research-based

  5  curriculum for early care and education programs.

  6         4.  The steering committee, in conjunction with the

  7  demonstration projects, shall develop processes for

  8  identifying and sharing promising practices and shall showcase

  9  these programs and practices at a dissemination conference.

10         5.  The steering committee shall establish processes

11  for facilitating state and local providers' ready access to

12  information and training concerning effective instructional

13  and behavioral practices and interventions based on advances

14  in the field and for encouraging researchers to regularly

15  guide practitioners in designing and implementing

16  research-based practices. The steering committee shall assist

17  the demonstration projects in conducting a conference for

18  participants in the three demonstration projects for the

19  dissemination of information on best practices and new

20  insights about early identification, education, and

21  intervention for children from birth through age 9. The

22  conference should be established so that continuing education

23  credits may be awarded to medical professionals, teachers, and

24  others for whom this is an incentive.

25         6.  Demonstration projects shall investigate and may

26  recommend to the steering committee more effective resource

27  allocation and flexible funding strategies if such strategies

28  are in the best interest of the children and families in the

29  community. The Department of Education and other relevant

30  agencies shall assist the demonstration projects in securing

31  state and federal waivers as appropriate.


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  1         Section 4.  Accountability.--

  2         (1)  The steering committee shall provide information

  3  to the School Readiness Estimating Conference and the

  4  Enrollment Conference for Public Schools regarding estimates

  5  of the population of children from birth through age 9 who are

  6  at risk of learning problems and learning disabilities.

  7         (2)  The steering committee, in conjunction with the

  8  demonstration projects, shall develop accountability

  9  mechanisms to ensure that the demonstration programs are

10  effective and that resources are used as efficiently as

11  possible. Accountability should be addressed through a

12  multilevel evaluation system, including measurement of

13  outcomes and operational indicators. Measurable outcomes must

14  be developed to address improved child development, improved

15  child health, and success in school. Indicators of system

16  improvements must be developed to address quality of programs

17  and integration of services. Agency monitoring of programs

18  shall include a review of child and family outcomes and system

19  effectiveness indicators with a specific focus on elimination

20  of unnecessary duplication of planning, screening, and

21  services.

22         (3)  The steering committee shall oversee a formative

23  evaluation of the project during implementation, including

24  reporting short-term outcomes and system improvements. By

25  January 2005, the steering committee shall make

26  recommendations to the Governor, the President of the Senate,

27  the Speaker of the House of Representatives, and the

28  Commissioner of Education related to the merits of expansion

29  of the demonstration projects.

30         (4)  By January 1, 2005, the steering committee, in

31  conjunction with the demonstration projects, shall develop a


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  1  model county-level strategic plan to formalize the goals,

  2  objectives, strategies, and intended outcomes of the

  3  comprehensive system, and to support the integration and

  4  efficient delivery of all services and supports for parents of

  5  children from birth through age 9 who have learning problems

  6  or learning disabilities. The model county-level strategic

  7  plan must include, but need not be limited to, strategies to:

  8         (a)  Establish a system whereby parents can access

  9  information about learning problems in young children and

10  receive services at their discretion;

11         (b)  Improve early identification of those who are at

12  risk for learning problems and learning disabilities;

13         (c)  Provide access to an appropriate array of services

14  within the child's natural environment or regular classroom

15  setting or specialized training in other settings;

16         (d)  Improve and coordinate screening for children from

17  birth through age 9;

18         (e)  Improve and coordinate services for children from

19  birth through age 9;

20         (f)  Address training of professionals in effectively

21  identifying factors, across all domains, which place children

22  from birth through age 9 at risk of school failure and in

23  appropriate interventions for the learning differences;

24         (g)  Provide appropriate support to families;

25         (h)  Share best practices with caregivers and referral

26  sources;

27         (i)  Address resource needs of the assessment and

28  intervention system; and

29         (j)  Address development of implementation plans to

30  establish protocols for requiring and receiving parental

31  consent for services; to identify action steps, responsible


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    CS for SB 2172                                 First Engrossed



  1  parties, and implementation schedules; and to ensure

  2  appropriate alignment with agency strategic plans.

  3         Section 5.  The Legislature shall appropriate a sum of

  4  money to fund the demonstration programs and shall authorize

  5  selected communities to blend funding from existing programs

  6  to the extent that this is advantageous to the community and

  7  is consistent with federal requirements.

  8         Section 6.  This act shall take effect July l, 2002.

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