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| 1 | A bill to be entitled | ||
| 2 | An act relating to students with disabilities; providing | ||
| 3 | for creation of an Interagency Cooperative Agreement for | ||
| 4 | the Transition of Students with Disabilities; providing | ||
| 5 | principles on which the agreement shall be based; | ||
| 6 | providing components of the agreement related to the | ||
| 7 | provision of state-of-the-art transition services for | ||
| 8 | students with disabilities; providing for an annual | ||
| 9 | report; providing an effective date. | ||
| 10 | |||
| 11 | Be It Enacted by the Legislature of the State of Florida: | ||
| 12 | |||
| 13 | Section 1. The following agencies shall join to create an | ||
| 14 | Interagency Cooperative Agreement for the Transition of Students | ||
| 15 | with Disabilities: the Department of Education representing the | ||
| 16 | Bureau of Instructional Support and Community Services, the | ||
| 17 | Division of Vocational Rehabilitation, the Division of Blind | ||
| 18 | Services, and the Office of Workforce and Economic Development; | ||
| 19 | the Department of Children and Family Services representing the | ||
| 20 | Developmental Disabilities Program Office and the Mental Health | ||
| 21 | Program Office; and the Department of Health representing | ||
| 22 | Children’s Medical Services. The agreement shall provide a | ||
| 23 | framework for a coordinated process and effort among the | ||
| 24 | specified agencies so that supports and services can be provided | ||
| 25 | to individuals with disabilities in an efficient manner that | ||
| 26 | enhances the pursuit of a vocation or gainful employment, | ||
| 27 | postsecondary opportunities, and the quality of life for each | ||
| 28 | participant. | ||
| 29 | (1) The cooperative agreement shall be based on the | ||
| 30 | following principles: | ||
| 31 | (a) Provision of supports and services must be based on | ||
| 32 | informed choice, valued community roles, community employment | ||
| 33 | opportunities, and awareness of the value that every person can | ||
| 34 | contribute to society and his or her community regardless of the | ||
| 35 | severity of the disability. | ||
| 36 | (b) Cooperation, collaboration, and communication will | ||
| 37 | lead to better coordinated supports and services for individuals | ||
| 38 | with disabilities. | ||
| 39 | (c) Clearly defined roles and responsibilities of each | ||
| 40 | agency that are reviewed and updated annually will lead to | ||
| 41 | increased communication, increased quality of programs, and | ||
| 42 | improved efficiency in the delivery of services for individuals | ||
| 43 | with disabilities. | ||
| 44 | (2) The cooperative agreement shall address, at a minimum, | ||
| 45 | the following related to the provision of state-of-the-art | ||
| 46 | transition services for students with disabilities: | ||
| 47 | (a) A unified plan for policy and budget development and | ||
| 48 | implementation at state and local levels. | ||
| 49 | (b) A unified plan for training and technical assistance | ||
| 50 | to local agencies concerning each agency’s eligibility, scope of | ||
| 51 | services, opportunities for collaboration, and best practices, | ||
| 52 | including the Department of Education self-determination IEP | ||
| 53 | initiative. | ||
| 54 | (c) Coordinated outreach and technical assistance to | ||
| 55 | families and students with disabilities concerning quality | ||
| 56 | transition planning, availability of services, and agencies’ | ||
| 57 | eligibility requirements. | ||
| 58 | (d) Provision of assistive technology devices and services | ||
| 59 | and coordination of continuation and transfer of assistive | ||
| 60 | technology devices and services for transitioning students from | ||
| 61 | middle school to high school to postsecondary education, into | ||
| 62 | the community, or into gainful employment. | ||
| 63 | (e) Provision that assistive technology devices and | ||
| 64 | services shall be available to students during and after the | ||
| 65 | school day, for extended school year periods, for | ||
| 66 | extracurricular activities, and at home for homework and | ||
| 67 | activities of daily living and within the community, including, | ||
| 68 | but not limited to, recreational activities, periods during | ||
| 69 | which there is no structured school schedule, and employment. | ||
| 70 | (f) Provision for enforcement of the cooperative agreement | ||
| 71 | that will ensure successful implementation at the state and | ||
| 72 | local levels. | ||
| 73 | (g) Provision of education with timely and appropriate | ||
| 74 | services to students with disabilities in which the Department | ||
| 75 | of Education, the public school districts, and the public | ||
| 76 | schools comply with the Individuals with Disabilities Education | ||
| 77 | Act, 20 U.S.C. ss. 1401(30) and 1414 (d)(1)(A)(vii)(II), and the | ||
| 78 | Americans with Disabilities Act, Title II, C.F.R. ss. 35.104- | ||
| 79 | 35.141. | ||
| 80 | (h) Provision of speech and/or language therapy if such | ||
| 81 | therapy is required for a student to benefit from special | ||
| 82 | education. | ||
| 83 | (i) Provision of occupational and/or physical therapy if | ||
| 84 | such therapy is required for a student to benefit from special | ||
| 85 | education. | ||
| 86 | (j) Provision that the determination of eligibility, need, | ||
| 87 | frequency, nature, or duration of therapy pursuant to paragraph | ||
| 88 | (h) or paragraph (i) may not be made by using cognitive ability | ||
| 89 | or developmental delay or disability as a disqualifier for such | ||
| 90 | services. | ||
| 91 | (3) The cooperative agreement shall be created and | ||
| 92 | submitted to the Governor, the President of the Senate, and the | ||
| 93 | Speaker of the House of Representatives by October 1, 2003. An | ||
| 94 | annual report from that day forward shall be submitted to the | ||
| 95 | Governor, the President of the Senate, and the Speaker of the | ||
| 96 | House of Representatives which will provide information on the | ||
| 97 | status of development and implementation of the agreement at the | ||
| 98 | state and local levels and an assessment of the impact on | ||
| 99 | students with disabilities including, but not limited to, trends | ||
| 100 | in the number of students accessing vocational rehabilitation | ||
| 101 | services; post-transition services on an individual longitudinal | ||
| 102 | data analysis focused upon gainful employment or postsecondary | ||
| 103 | settings; and examination of real and perceived barriers to | ||
| 104 | graduation with a standard diploma. | ||
| 105 | Section 2. This act shall take effect upon becoming a law. | ||