CS/HB 1313

1	A bill to be entitled
2	An act relating to students with disabilities; amending
3	ss. 1002.33, 1002.39, 1003.01, 1003.21, and 1003.438,
4	F.S., relating to charter schools, the John M. McKay
5	Scholarships for Students with Disabilities Program,
6	school attendance, and high school graduation
7	requirements; revising the terminology used to identify
8	students with certain disabilities; authorizing the State
9	Board of Education to adopt rules for eligibility of
10	certain children with disabilities for admission to
11	special programs and related services; removing authority
12	of district school boards to adopt such rules; amending
13	ss. 1007.02, 1007.264, and 1007.265, F.S., relating to
14	postsecondary education; revising the terminology used to
15	identify students with intellectual, emotional, or
16	behavioral disabilities; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Paragraph (f) of subsection (10) of section
21	1002.33, Florida Statutes, is amended to read:
22	1002.33  Charter schools.--
23	(10)  ELIGIBLE STUDENTS.--
24	(f)  Students with disabilities handicapping conditions and
25	students served in English for Speakers of Other Languages
26	programs shall have an equal opportunity of being selected for
27	enrollment in a charter school.
28	Section 2.  Subsection (1) of section 1002.39, Florida
29	Statutes, is amended to read:
30	1002.39  The John M. McKay Scholarships for Students with
31	Disabilities Program.--There is established a program that is
32	separate and distinct from the Opportunity Scholarship Program
33	and is named the John M. McKay Scholarships for Students with
34	Disabilities Program.
35	(1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
36	DISABILITIES PROGRAM.--The John M. McKay Scholarships for
37	Students with Disabilities Program is established to provide the
38	option to attend a public school other than the one to which
39	assigned, or to provide a scholarship to a private school of
40	choice, for students with disabilities for whom an individual
41	educational education plan has been written in accordance with
42	rules of the State Board of Education. Students with
43	disabilities include K-12 students who are documented as having
44	an intellectual disability a mental handicap, including
45	trainable, profound, or educable; a speech impairment; a or
46	language impairment; a hearing impairment, including deafness; a
47	visual impairment, including blindness; a dual sensory
48	impairment; an orthopedic a physical impairment or other health
49	impairment; a serious emotional disturbance, including an
50	emotional or behavioral disability handicap; a specific learning
51	disability, including, but not limited to, dyslexia,
52	dyscalculia, or developmental aphasia; a traumatic brain injury;
53	a developmental delay; or autism spectrum disorder.
54	Section 3.  Paragraph (a) of subsection (3) of section
55	1003.01, Florida Statutes, is amended to read:
56	1003.01  Definitions.--As used in this chapter, the term:
57	(3)(a)  "Exceptional student" means any student who has
58	been determined eligible for a special program in accordance
59	with rules of the State Board of Education. The term includes
60	students who are gifted; and students who have an intellectual
61	disability, autism spectrum disorder, a speech impairment, a
62	language impairment, an orthopedic impairment or other health
63	impairment, traumatic brain injury, a visual impairment, an
64	emotional or behavioral disability, or a specific learning
65	disability, including, but not limited to, dyslexia,
66	dyscalculia, or developmental aphasia; students who are deaf or
67	hard of hearing or dual sensory impaired; students who are
68	hospitalized or homebound; and with disabilities who are
69	mentally handicapped, speech and language impaired, deaf or hard
70	of hearing, visually impaired, dual sensory impaired, physically
71	impaired, emotionally handicapped, specific learning disabled,
72	hospital and homebound, autistic, developmentally delayed
73	children, ages birth through 5 years of age with developmental
74	delays, and or children, ages birth through 2 years of age, with
75	established conditions, which that are identified in State Board
76	of Education rules pursuant to s. 1003.21(1)(e).
77	Section 4.  Paragraph (e) of subsection (1) of section
78	1003.21, Florida Statutes, is amended to read:
79	1003.21  School attendance.--
80	(1)
81	(e)  Consistent with rules adopted by the State Board of
82	Education, children with disabilities who are have attained the
83	age of 3 years of age or older shall be eligible for admission
84	to public special education programs and for related services
85	under rules adopted by the district school board. Exceptional
86	Children with disabilities who are younger than 3 years of age
87	who are deaf or hard of hearing; who have a visual impairment,
88	visually impaired, dual sensory impairment impaired, orthopedic
89	impairment or other health impairment, or traumatic brain
90	injury; severely physically handicapped, trainable mentally
91	handicapped, or profoundly handicapped, or who have autism
92	spectrum disorder; who have established conditions;, or who
93	exhibit developmental delays or intellectual disabilities, below
94	age 3 may be eligible for public special education programs, and
95	may receive services, in accordance with rules of the State
96	Board of Education; or, if enrolled in other school readiness
97	programs, they may be eligible for supplemental instruction.
98	Rules for the identification of established conditions for
99	children birth through 2 years of age and developmental delays
100	for children birth through 5 years of age must be adopted by the
101	State Board of Education.
102	Section 5.  Section 1003.438, Florida Statutes, is amended
103	to read:
104	1003.438  Special high school graduation requirements for
105	certain exceptional students.--A student who has been identified
106	properly classified, in accordance with rules established by the
107	State Board of Education, as a student with disabilities who has
108	an intellectual disability; autism spectrum disorder; a language
109	impairment; an orthopedic impairment or other health impairment;
110	a traumatic brain injury; an emotional or behavioral disability;
111	or a specific learning disability, including, but not limited
112	to, dyslexia, dyscalculia, or developmental aphasia, or a
113	student who is deaf or hard of hearing or dual sensory impaired,
114	"educable mentally handicapped," "trainable mentally
115	handicapped," "hearing impaired," "specific learning disabled,"
116	"physically or language impaired," or "emotionally handicapped"
117	shall not be required to meet all requirements of s. 1003.43 or
118	s. 1003.428 and shall, upon meeting all applicable requirements
119	prescribed by the district school board pursuant to s. 1008.25,
120	be awarded a special diploma in a form prescribed by the
121	commissioner; however, such special graduation requirements
122	prescribed by the district school board must include minimum
123	graduation requirements as prescribed by the commissioner. Any
124	such student who meets all special requirements of the district
125	school board for exceptionality, but is unable to meet the
126	appropriate special state minimum requirements, shall be awarded
127	a special certificate of completion in a form prescribed by the
128	commissioner. A student who has been properly classified as
129	"profoundly handicapped" and who meets the special requirements
130	of the district school board for a special diploma in accordance
131	with requirements for any exceptional student identified in this
132	section shall be awarded a special diploma; however, such a
133	student shall alternatively be eligible for a special
134	certificate of completion, in a form prescribed by the
135	commissioner, if all school requirements for students who are
136	"profoundly handicapped" have been met. However, this section
137	does not limit or restrict the right of an exceptional student
138	solely to a special diploma or special certificate of
139	completion. Any such student shall, upon proper request, be
140	afforded the opportunity to fully meet all requirements of s.
141	1003.43 or s. 1003.428 through the standard procedures
142	established therein and thereby to qualify for a standard
143	diploma upon graduation.
144	Section 6.  Subsection (2) of section 1007.02, Florida
145	Statutes, is amended to read:
146	1007.02  Access to postsecondary education and meaningful
147	careers for students with disabilities; popular name;
148	definition.--
149	(2)  For the purposes of this act, the term "student with a
150	disability" means any student who is documented as having an
151	intellectual disability mental retardation; a hearing
152	impairment, including deafness; a speech or language impairment;
153	a visual impairment, including blindness; an emotional or
154	behavioral disability a serious emotional disturbance, including
155	an emotional handicap; an orthopedic or other health impairment;
156	autism spectrum disorder; a traumatic brain injury; or a
157	specific learning disability, including, but not limited to,
158	dyslexia, dyscalculia, or developmental aphasia.
159	Section 7.  Section 1007.264, Florida Statutes, is amended
160	to read:
161	1007.264  Persons with disabilities Impaired and learning
162	disabled persons; admission to postsecondary educational
163	institutions; substitute requirements; rules.--
164	(1)  Any student with a disability, as defined in s.
165	1007.02(2), except those students who have been documented as
166	having intellectual disabilities mental retardation, shall be
167	eligible for reasonable substitution for any requirement for
168	admission into a public postsecondary educational institution
169	where documentation can be provided that the person's failure to
170	meet the admission requirement is related to the disability.
171	(2)  The State Board of Education, in consultation with the
172	Board of Governors, shall adopt rules to implement this section
173	for community colleges and shall develop substitute admission
174	requirements where appropriate.
175	(3)  The Board of Governors, in consultation with the State
176	Board of Education, shall adopt rules to implement this section
177	for state universities and shall develop substitute admission
178	requirements where appropriate.
179	Section 8.  Section 1007.265, Florida Statutes, is amended
180	to read:
181	1007.265  Persons with disabilities Impaired and learning
182	disabled persons; graduation, study program admission, and
183	upper-division entry; substitute requirements; rules.--
184	(1)  Any student with a disability, as defined in s.
185	1007.02(2), in a public postsecondary educational institution,
186	except those students who have been documented as having
187	intellectual disabilities mental retardation, shall be eligible
188	for reasonable substitution for any requirement for graduation,
189	for admission into a program of study, or for entry into the
190	upper division where documentation can be provided that the
191	person's failure to meet the requirement is related to the
192	disability and where failure to meet the graduation requirement
193	or program admission requirement does not constitute a
194	fundamental alteration in the nature of the program.
195	(2)  The State Board of Education, in consultation with the
196	Board of Governors, shall adopt rules to implement this section
197	for community colleges and shall develop substitute requirements
198	where appropriate.
199	(3)  The Board of Governors, in consultation with the State
200	Board of Education, shall adopt rules to implement this section
201	for state universities and shall develop substitute requirements
202	where appropriate.
203	Section 9.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.