| 1 | A bill to be entitled |
| 2 | An act relating to children with disabilities; amending s. |
| 3 | 393.063, F.S.; redefining the term "developmental |
| 4 | disability" and defining the term "Down syndrome"; |
| 5 | creating s. 456.0291, F.S.; requiring certain licensing |
| 6 | boards to require continuing education on developmental |
| 7 | disabilities for certain licensees and certificateholders; |
| 8 | providing course content; providing penalties; providing |
| 9 | rulemaking authority; requiring the Department of Health |
| 10 | to develop and implement a plan to promote awareness of |
| 11 | developmental disabilities; amending s. 627.6686, F.S.; |
| 12 | providing health insurance coverage for individuals with |
| 13 | developmental disabilities; amending s. 641.31098, F.S.; |
| 14 | providing coverage under a health maintenance contract for |
| 15 | individuals with developmental disabilities; amending s. |
| 16 | 1002.39, F.S., relating to the John M. McKay Scholarships |
| 17 | for Students with Disabilities Program; authorizing |
| 18 | students who receive certain services under the Voluntary |
| 19 | Prekindergarten Education Program to receive a John M. |
| 20 | McKay Scholarship; conforming cross-references; requiring |
| 21 | a private school to refund scholarship payment under |
| 22 | certain circumstances; permitting students to receive |
| 23 | scholarship services at locations other than the private |
| 24 | school's site under specified conditions; providing |
| 25 | retroactive eligibility for scholarships under certain |
| 26 | circumstances; amending s. 1002.51, F.S.; revising |
| 27 | definitions for the Voluntary Prekindergarten Education |
| 28 | Program; amending s. 1002.53 and creating s. 1002.66, |
| 29 | F.S.; establishing a prekindergarten program option for |
| 30 | children with disabilities; providing eligibility criteria |
| 31 | for early intervention services; providing for the |
| 32 | approval of early intervention service providers; |
| 33 | authorizing the expenditure of funds for early |
| 34 | intervention services; amending s. 1002.71, F.S.; |
| 35 | authorizing a child participating in a prekindergarten |
| 36 | program for children with disabilities to reenroll in |
| 37 | another program option under certain conditions; amending |
| 38 | s. 1002.75, F.S.; revising the powers and duties of the |
| 39 | Agency for Workforce Innovation for prekindergarten |
| 40 | programs; providing an effective date. |
| 41 |
|
| 42 | Be It Enacted by the Legislature of the State of Florida: |
| 43 |
|
| 44 | Section 1. Present subsections (13) through (40) of |
| 45 | section 393.063, Florida Statutes, are renumbered as subsections |
| 46 | (14) through (41), respectively, subsection (9) of that section |
| 47 | is amended, and a new subsection (13) is added to that section, |
| 48 | to read: |
| 49 | 393.063 Definitions.--For the purposes of this chapter, |
| 50 | the term: |
| 51 | (9) "Developmental disability" means a disorder or |
| 52 | syndrome that is attributable to retardation, cerebral palsy, |
| 53 | autism, spina bifida, Down syndrome, or Prader-Willi syndrome; |
| 54 | that manifests before the age of 18; and that constitutes a |
| 55 | substantial handicap that can reasonably be expected to continue |
| 56 | indefinitely. |
| 57 | (13) "Down syndrome" means a disorder caused by the |
| 58 | presence of an extra chromosome 21 and characterized by mental |
| 59 | retardation and distinguishing physical features. |
| 60 | Section 2. Section 456.0291, Florida Statutes, is created |
| 61 | to read: |
| 62 | 456.0291 Instruction on developmental disabilities.-- |
| 63 | (1) The appropriate board shall require each person |
| 64 | licensed or certified under chapter 458, chapter 459, part I of |
| 65 | chapter 464, chapter 490, or chapter 491 to complete a 2-hour |
| 66 | continuing education course, approved by the board, on |
| 67 | developmental disabilities, as defined in s. 393.063, with the |
| 68 | addition of autism spectrum disorder, as part of every third |
| 69 | biennial relicensure or recertification. |
| 70 | (a) The course shall consist of information on the |
| 71 | diagnosis and treatment of developmental disabilities and |
| 72 | information on counseling and education of a parent whose child |
| 73 | is diagnosed with a developmental disability, with an emphasis |
| 74 | on autism spectrum disorder. |
| 75 | (b) Each such licensee or certificateholder shall submit |
| 76 | confirmation of having completed the course, on a form provided |
| 77 | by the board, when submitting fees for every third biennial |
| 78 | renewal. |
| 79 | (c) The board may approve additional equivalent courses |
| 80 | that may be used to satisfy the requirements of this section. |
| 81 | Each licensing board that requires a licensee to complete an |
| 82 | educational course pursuant to this subsection may include the |
| 83 | hours required for completion of the course in the total hours |
| 84 | of continuing education required for such profession unless the |
| 85 | continuing education requirements for such profession is less |
| 86 | than 30 hours biennially. |
| 87 | (d) Any person holding two or more licenses subject to the |
| 88 | provisions of this subsection may show proof of having taken one |
| 89 | board-approved course on developmental disabilities for purposes |
| 90 | of relicensure or recertification for any additional licenses. |
| 91 | (e) Failure to comply with the requirements of this |
| 92 | subsection constitutes grounds for disciplinary action under |
| 93 | each respective practice act and under s. 456.072(1)(k). In |
| 94 | addition to any discipline imposed, the licensee must complete |
| 95 | the course. |
| 96 | (2) Each board may adopt rules to carry out the provisions |
| 97 | of this section. |
| 98 | (3) The department shall implement a plan to promote |
| 99 | awareness of developmental disabilities, with a focus on autism |
| 100 | spectrum disorder, to physicians licensed under chapter 458 or |
| 101 | chapter 459 and parents. The department shall develop the plan |
| 102 | in consultation with organizations representing allopathic and |
| 103 | osteopathic physicians, the Board of Medicine, the Board of |
| 104 | Osteopathic Medicine, and nationally recognized organizations |
| 105 | that promote awareness of developmental disabilities. The |
| 106 | department's plan must include the distribution of educational |
| 107 | materials for parents, including a developmental assessment |
| 108 | tool. |
| 109 | Section 3. Subsection (2) and (3) of section 627.6686, |
| 110 | Florida Statutes, are amended to read: |
| 111 | 627.6686 Coverage for individuals with autism spectrum |
| 112 | disorder required; exception.-- |
| 113 | (2) As used in this section, the term: |
| 114 | (a) "Applied behavior analysis" means the design, |
| 115 | implementation, and evaluation of environmental modifications, |
| 116 | using behavioral stimuli and consequences, to produce socially |
| 117 | significant improvement in human behavior, including, but not |
| 118 | limited to, the use of direct observation, measurement, and |
| 119 | functional analysis of the relations between environment and |
| 120 | behavior. |
| 121 | (b) "Autism spectrum disorder" means any of the following |
| 122 | disorders as defined in the most recent edition of the |
| 123 | Diagnostic and Statistical Manual of Mental Disorders of the |
| 124 | American Psychiatric Association: |
| 125 | 1. Autistic disorder. |
| 126 | 2. Asperger's syndrome. |
| 127 | 3. Pervasive developmental disorder not otherwise |
| 128 | specified. |
| 129 | (c) "Developmental disability" has the same meaning as in |
| 130 | s. 393.063. |
| 131 | (d)(c) "Eligible individual" means an individual under 18 |
| 132 | years of age or an individual 18 years of age or older who is in |
| 133 | high school and who has been diagnosed as having a developmental |
| 134 | disability at 8 years of age or younger. |
| 135 | (e)(d) "Health insurance plan" means a group health |
| 136 | insurance policy or group health benefit plan offered by an |
| 137 | insurer which includes the state group insurance program |
| 138 | provided under s. 110.123. The term does not include any health |
| 139 | insurance plan offered in the individual market, any health |
| 140 | insurance plan that is individually underwritten, or any health |
| 141 | insurance plan provided to a small employer. |
| 142 | (f)(e) "Insurer" means an insurer providing health |
| 143 | insurance coverage, which is licensed to engage in the business |
| 144 | of insurance in this state and is subject to insurance |
| 145 | regulation. |
| 146 | (3) A health insurance plan issued or renewed on or after |
| 147 | April 1, 2009, shall provide coverage to an eligible individual |
| 148 | for: |
| 149 | (a) Well-baby and well-child screening for diagnosing the |
| 150 | presence of autism spectrum disorder or other developmental |
| 151 | disabilities. |
| 152 | (b) Treatment of autism spectrum disorder or other |
| 153 | developmental disabilities through speech therapy, occupational |
| 154 | therapy, physical therapy, and applied behavior analysis. |
| 155 | Applied behavior analysis services shall be provided by an |
| 156 | individual certified pursuant to s. 393.17 or an individual |
| 157 | licensed under chapter 490 or chapter 491. |
| 158 | Section 4. Subsections (2) and (3) of section 641.31098, |
| 159 | Florida Statutes, are amended to read: |
| 160 | 641.31098 Coverage for individuals with developmental |
| 161 | disabilities.-- |
| 162 | (2) As used in this section, the term: |
| 163 | (a) "Applied behavior analysis" means the design, |
| 164 | implementation, and evaluation of environmental modifications, |
| 165 | using behavioral stimuli and consequences, to produce socially |
| 166 | significant improvement in human behavior, including, but not |
| 167 | limited to, the use of direct observation, measurement, and |
| 168 | functional analysis of the relations between environment and |
| 169 | behavior. |
| 170 | (b) "Autism spectrum disorder" means any of the following |
| 171 | disorders as defined in the most recent edition of the |
| 172 | Diagnostic and Statistical Manual of Mental Disorders of the |
| 173 | American Psychiatric Association: |
| 174 | 1. Autistic disorder. |
| 175 | 2. Asperger's syndrome. |
| 176 | 3. Pervasive developmental disorder not otherwise |
| 177 | specified. |
| 178 | (c) "Developmental disability" has the same meaning as in |
| 179 | s. 393.063. |
| 180 | (d)(c) "Eligible individual" means an individual under 18 |
| 181 | years of age or an individual 18 years of age or older who is in |
| 182 | high school who has been diagnosed as having a developmental |
| 183 | disability at 8 years of age or younger. |
| 184 | (e)(d) "Health maintenance contract" means a group health |
| 185 | maintenance contract offered by a health maintenance |
| 186 | organization. This term does not include a health maintenance |
| 187 | contract offered in the individual market, a health maintenance |
| 188 | contract that is individually underwritten, or a health |
| 189 | maintenance contract provided to a small employer. |
| 190 | (3) A health maintenance contract issued or renewed on or |
| 191 | after April 1, 2009, shall provide coverage to an eligible |
| 192 | individual for: |
| 193 | (a) Well-baby and well-child screening for diagnosing the |
| 194 | presence of autism spectrum disorder or other developmental |
| 195 | disability. |
| 196 | (b) Treatment of autism spectrum disorder or other |
| 197 | developmental disability through speech therapy, occupational |
| 198 | therapy, physical therapy, and applied behavior analysis |
| 199 | services. Applied behavior analysis services shall be provided |
| 200 | by an individual certified pursuant to s. 393.17 or an |
| 201 | individual licensed under chapter 490 or chapter 491. |
| 202 | Section 5. Subsection (2), paragraph (h) of subsection |
| 203 | (3), paragraph (a) of subsection (4), paragraph (d) of |
| 204 | subsection (8), and subsection (10) of section 1002.39, Florida |
| 205 | Statutes, are amended, present subsections (11), (12), and (13) |
| 206 | of that section are renumbered as subsections (12), (13), and |
| 207 | (14), respectively, and new subsection (11) is added to that |
| 208 | section, to read: |
| 209 | 1002.39 The John M. McKay Scholarships for Students with |
| 210 | Disabilities Program.--There is established a program that is |
| 211 | separate and distinct from the Opportunity Scholarship Program |
| 212 | and is named the John M. McKay Scholarships for Students with |
| 213 | Disabilities Program. |
| 214 | (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.--The parent of |
| 215 | a public school student with a disability who is dissatisfied |
| 216 | with the student's progress may request and receive from the |
| 217 | state a John M. McKay Scholarship for the child to enroll in and |
| 218 | attend a private school in accordance with this section if: |
| 219 | (a) The student has: |
| 220 | 1. Received early intervention services under the |
| 221 | Voluntary Prekindergarten Education Program pursuant to s. |
| 222 | 1002.66 during the previous school year, and the student has a |
| 223 | current individual educational plan developed in accordance with |
| 224 | rules of the State Board of Education; or |
| 225 | 2. Spent the prior school year in attendance at a Florida |
| 226 | public school or the Florida School for the Deaf and the Blind. |
| 227 | For purposes of this subparagraph, prior school year in |
| 228 | attendance means that the student was: |
| 229 | 1. enrolled and reported by: |
| 230 | a. A school district for funding during the preceding |
| 231 | October and February Florida Education Finance Program surveys |
| 232 | in kindergarten through grade 12, which includes shall include |
| 233 | time spent in a Department of Juvenile Justice commitment |
| 234 | program if funded under the Florida Education Finance Program; |
| 235 | b.2. Enrolled and reported by The Florida School for the |
| 236 | Deaf and the Blind during the preceding October and February |
| 237 | student membership surveys in kindergarten through grade 12; or |
| 238 | c.3. Enrolled and reported by A school district for |
| 239 | funding during the preceding October and February Florida |
| 240 | Education Finance Program surveys, was at least 4 years old when |
| 241 | so enrolled and reported, and was eligible for services under s. |
| 242 | 1003.21(1)(e). |
| 243 |
|
| 244 | However, a dependent child of a member of the United States |
| 245 | Armed Forces who transfers to a school in this state from out of |
| 246 | state or from a foreign country due to pursuant to a parent's |
| 247 | permanent change of station orders is exempt from this paragraph |
| 248 | but must meet all other eligibility requirements to participate |
| 249 | in the program. |
| 250 | (b) The parent has obtained acceptance for admission of |
| 251 | the student to a private school that is eligible for the program |
| 252 | under subsection (8) and has requested from the department a |
| 253 | scholarship at least 60 days before prior to the date of the |
| 254 | first scholarship payment. The request must be communicated |
| 255 | through a communication directly to the department in a manner |
| 256 | that creates a written or electronic record of the request and |
| 257 | the date of receipt of the request. The department of Education |
| 258 | must notify the district of the parent's intent upon receipt of |
| 259 | the parent's request. |
| 260 | (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.--A student is |
| 261 | not eligible for a John M. McKay Scholarship while he or she is: |
| 262 | (h) Not having regular and direct contact with his or her |
| 263 | private school teachers at the school's physical location, |
| 264 | except as provided in subsection (11). |
| 265 | (4) TERM OF JOHN M. MCKAY SCHOLARSHIP.-- |
| 266 | (a) For purposes of continuity of educational choice, a |
| 267 | John M. McKay Scholarship remains shall remain in force until |
| 268 | the student enrolls in returns to a public school, graduates |
| 269 | from high school, or reaches the age of 22, whichever occurs |
| 270 | first. |
| 271 | (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be |
| 272 | eligible to participate in the John M. McKay Scholarships for |
| 273 | Students with Disabilities Program, a private school may be |
| 274 | sectarian or nonsectarian and must: |
| 275 | (d) Maintain in this state a physical location where a |
| 276 | scholarship student regularly attends classes or where the |
| 277 | school provides case management services pursuant to subsection |
| 278 | (11). |
| 279 |
|
| 280 | The inability of a private school to meet the requirements of |
| 281 | this subsection shall constitute a basis for the ineligibility |
| 282 | of the private school to participate in the scholarship program |
| 283 | as determined by the department. |
| 284 | (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.-- |
| 285 | (a)1. The maximum scholarship granted for an eligible |
| 286 | student with disabilities shall be a calculated amount |
| 287 | equivalent to the base student allocation in the Florida |
| 288 | Education Finance Program multiplied by the appropriate cost |
| 289 | factor for the educational program that would have been provided |
| 290 | for the student in the district school to which he or she was |
| 291 | assigned, multiplied by the district cost differential. |
| 292 | 2. In addition, a share of the guaranteed allocation for |
| 293 | exceptional students shall be determined and added to the |
| 294 | calculated amount in subparagraph 1. The calculation shall be |
| 295 | based on the methodology and the data used to calculate the |
| 296 | guaranteed allocation for exceptional students for each district |
| 297 | in chapter 2000-166, Laws of Florida. Except as provided in |
| 298 | subparagraphs 3. and 4., the calculation shall be based on the |
| 299 | student's grade, matrix level of services, and the difference |
| 300 | between the 2000-2001 basic program and the appropriate level of |
| 301 | services cost factor, multiplied by the 2000-2001 base student |
| 302 | allocation and the 2000-2001 district cost differential for the |
| 303 | sending district. Also, The calculated amount shall also include |
| 304 | the per-student share of supplemental academic instruction |
| 305 | funds, instructional materials funds, technology funds, and |
| 306 | other categorical funds as provided for such purposes in the |
| 307 | General Appropriations Act. |
| 308 | 3. The calculated scholarship amount for a student who is |
| 309 | eligible under sub-subparagraph (2)(a)2.b. subparagraph (2)(a)2. |
| 310 | shall be calculated as provided in subparagraphs 1. and 2. |
| 311 | However, the calculation shall be based on the school district |
| 312 | in which the parent resides at the time of the scholarship |
| 313 | request. |
| 314 | 4. Until the school district completes the matrix required |
| 315 | by paragraph (5)(b), the calculation shall be based on the |
| 316 | matrix that assigns the student to support level I of service as |
| 317 | it existed prior to the 2000-2001 school year. When the school |
| 318 | district completes the matrix, the amount of the payment shall |
| 319 | be adjusted as needed. |
| 320 | (b) The amount of the John M. McKay Scholarship shall be |
| 321 | the calculated amount or the amount of the private school's |
| 322 | tuition and fees, whichever is less. The amount of any |
| 323 | assessment fee required by the participating private school may |
| 324 | be paid from the total amount of the scholarship. |
| 325 | (c)1. The school district shall report all students who |
| 326 | are attending a private school under this program. The students |
| 327 | with disabilities attending private schools on John M. McKay |
| 328 | Scholarships shall be reported separately from other students |
| 329 | reported for purposes of the Florida Education Finance Program. |
| 330 | 2. For program participants who are eligible under sub- |
| 331 | subparagraph (2)(a)2.b. subparagraph (2)(a)2., the school |
| 332 | district that is used as the basis for the calculation of the |
| 333 | scholarship amount as provided in subparagraph (a)3. shall: |
| 334 | a. Report to the department all such students who are |
| 335 | attending a private school under this program. |
| 336 | b. Be held harmless for such students from the weighted |
| 337 | enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.b. |
| 338 | during the first school year in which the students are reported. |
| 339 | (d) Following notification on July 1, September 1, |
| 340 | December 1, or February 1 of the number of program participants, |
| 341 | the department shall transfer, from General Revenue funds only, |
| 342 | the amount calculated under paragraph (b) from the school |
| 343 | district's total funding entitlement under the Florida Education |
| 344 | Finance Program and from authorized categorical accounts to a |
| 345 | separate account for the scholarship program for quarterly |
| 346 | disbursement to the parents of participating students. Funds may |
| 347 | not be transferred from any funding provided to the Florida |
| 348 | School for the Deaf and the Blind for program participants who |
| 349 | are eligible under sub-subparagraph (2)(a)2.b. subparagraph |
| 350 | (2)(a)2. For a student exiting a Department of Juvenile Justice |
| 351 | commitment program who chooses to participate in the scholarship |
| 352 | program, the amount of the John M. McKay Scholarship calculated |
| 353 | pursuant to paragraph (b) shall be transferred from the school |
| 354 | district in which the student last attended a public school |
| 355 | before prior to commitment to the Department of Juvenile |
| 356 | Justice. When a student enters the scholarship program, the |
| 357 | department must receive all documentation required for the |
| 358 | student's participation, including the private school's and the |
| 359 | student's fee schedules, at least 30 days before the first |
| 360 | quarterly scholarship payment is made for the student. |
| 361 | (e) Upon notification by the department that it has |
| 362 | received the documentation required under paragraph (d), the |
| 363 | Chief Financial Officer shall make scholarship payments in four |
| 364 | equal amounts no later than September 1, November 1, February 1, |
| 365 | and April 1 of each academic year in which the scholarship is in |
| 366 | force. The initial payment shall be made after department |
| 367 | verification of admission acceptance, and subsequent payments |
| 368 | shall be made upon verification of continued enrollment and |
| 369 | attendance at the private school. Payment must be by individual |
| 370 | warrant made payable to the student's parent and mailed by the |
| 371 | department to the private school of the parent's choice, and the |
| 372 | parent shall restrictively endorse the warrant to the private |
| 373 | school for deposit into the account of the private school. If |
| 374 | the student withdraws from the private school, the private |
| 375 | school shall prorate the unused portion of the scholarship |
| 376 | payment and refund that amount to the department. If the student |
| 377 | immediately transfers to another private school, the unused |
| 378 | amount of the scholarship may be paid to the new school. |
| 379 | (f) Subsequent to each scholarship payment, the department |
| 380 | shall request from the Department of Financial Services a sample |
| 381 | of endorsed warrants to review and confirm compliance with |
| 382 | endorsement requirements. |
| 383 | (11) ALTERNATIVE SITES FOR INSTRUCTION AND SERVICES.--A |
| 384 | student who is eligible for a scholarship under this section may |
| 385 | receive regular and direct instruction and services from a |
| 386 | private school at a site other than the school's physical |
| 387 | location if the following criteria are met: |
| 388 | (a) The student's parent provides a notarized statement |
| 389 | from the medical doctor or psychologist treating the student's |
| 390 | disability which documents that the student's welfare, or the |
| 391 | welfare of other students in the classroom, will be jeopardized |
| 392 | if the student is required to regularly attend class at the |
| 393 | school's physical location. The notarized statement must be: |
| 394 | 1. Annually provided to the department at least 60 days |
| 395 | before the first scholarship payment date for the school year; |
| 396 | and |
| 397 | 2. Based on an annual review of the student's disability |
| 398 | by the student's medical doctor or psychologist. |
| 399 | (b) The private school serving the student: |
| 400 | 1. Employs or contracts with a case manager who |
| 401 | coordinates and monitors the student's instruction and services, |
| 402 | reviews and maintains the documentation submitted under |
| 403 | subparagraph 2., and provides the student's parent and private |
| 404 | school with monthly reports on the student's progress; |
| 405 | 2. Requires private school employees or contracted |
| 406 | personnel who provide regular and direct instruction or services |
| 407 | to the student at the alternative site to submit documentation |
| 408 | of the instruction, services, and progress of the student to the |
| 409 | case manager; and |
| 410 | 3. Notifies the department of each student served pursuant |
| 411 | to this subsection. |
| 412 | (c) A student who received a scholarship in the 2005-2006 |
| 413 | or 2006-2007 school year under this section, but who was unable |
| 414 | to receive a scholarship in the 2006-2007 or 2007-2008 school |
| 415 | year due to the regular and direct contact requirement in |
| 416 | paragraph (3)(h), is eligible for a scholarship in the 2009-2010 |
| 417 | school year if the student: |
| 418 | 1. Demonstrates that he or she would have met the criteria |
| 419 | in paragraph (a) at the time of his or her 2006-2007 or 2007- |
| 420 | 2008 scholarship; and |
| 421 | 2. Except for the prior school year attendance requirement |
| 422 | in paragraph (2)(a), satisfies the requirements for a |
| 423 | scholarship under this section. |
| 424 | Section 6. Present subsections (2) through (5) of section |
| 425 | 1002.51, Florida Statutes, are renumbered as subsections (4) |
| 426 | through (7), respectively, and new subsections (2) and (3) are |
| 427 | added to that section, to read: |
| 428 | 1002.51 Definitions.--As used in this part, the term: |
| 429 | (2) "Disability" means any disability listed in the |
| 430 | definition of exceptional student in s. 1003.01. |
| 431 | (3) "Early intervention service provider" means a provider |
| 432 | delivering early intervention services under s. 1002.66. |
| 433 | Section 7. Subsections (1) and (3) of section 1002.53, |
| 434 | Florida Statutes, as amended by section 4 of chapter 2009-3, |
| 435 | Laws of Florida, are amended to read: |
| 436 | 1002.53 Voluntary Prekindergarten Education Program; |
| 437 | eligibility and enrollment.-- |
| 438 | (1) There is created the Voluntary Prekindergarten |
| 439 | Education Program, which. The program shall take effect in each |
| 440 | county at the beginning of the 2005-2006 school year and shall |
| 441 | be organized, designed, and delivered in accordance with s. 1(b) |
| 442 | and (c), Art. IX of the State Constitution. |
| 443 | (3) The parent of each child eligible under subsection (2) |
| 444 | may enroll the child in one of the following programs: |
| 445 | (a) A school-year prekindergarten program delivered by a |
| 446 | private prekindergarten provider under s. 1002.55; |
| 447 | (b) A summer prekindergarten program delivered by a public |
| 448 | school or private prekindergarten provider under s. 1002.61; or |
| 449 | (c) A school-year prekindergarten program delivered by a |
| 450 | public school; or |
| 451 | (d) Beginning with the 2011-2012 school year, a |
| 452 | prekindergarten program for children with disabilities, if the |
| 453 | child has a disability and is eligible for the program under s. |
| 454 | 1002.66. |
| 455 |
|
| 456 | Except as provided in s. 1002.71(4), a child may not enroll in |
| 457 | more than one of these programs. |
| 458 | Section 8. Section 1002.66, Florida Statutes, is created |
| 459 | to read: |
| 460 | 1002.66 Prekindergarten program for children with |
| 461 | disabilities.-- |
| 462 | (1) Beginning with the 2011-2012 school year, a child with |
| 463 | a disability who enrolls with the early learning coalition under |
| 464 | s. 1002.53(3)(d) is eligible for a prekindergarten program of |
| 465 | early intervention services if: |
| 466 | (a) The child is eligible for the Voluntary |
| 467 | Prekindergarten Education Program under s. 1002.53. |
| 468 | (b) A current individual educational plan has been |
| 469 | developed for the child in accordance with rules of the State |
| 470 | Board of Education. |
| 471 | (2) The parent of a child who is eligible for the |
| 472 | prekindergarten program for children with disabilities may |
| 473 | select one or more early intervention services that the child's |
| 474 | individual educational plan indicates is appropriate for the |
| 475 | child. These early intervention services may include, but are |
| 476 | not limited to: |
| 477 | (a) Applied behavior analysis. |
| 478 | (b) Speech-language pathology. |
| 479 | (c) Occupational therapy. |
| 480 | (d) Physical therapy. |
| 481 | (3) The early intervention services provided for a child |
| 482 | under this section must be delivered according to professionally |
| 483 | accepted standards and must, in accordance with the performance |
| 484 | standards adopted by the department under s. 1002.67, address |
| 485 | the age-appropriate progress of the child in the development of |
| 486 | the capabilities, capacities, and skills required under s. 1(b), |
| 487 | Art. IX of the State Constitution. |
| 488 | (4) The department shall approve early intervention |
| 489 | service providers whose services meet the standards in |
| 490 | subsection (3), maintain a list of approved providers, and |
| 491 | notify each school district and early learning coalition of the |
| 492 | approved provider list. Upon the request of a child's parent, |
| 493 | the department may approve an early intervention service |
| 494 | provider that is not on the approved list if the provider's |
| 495 | services meet the standards in subsection (3) and the child's |
| 496 | individual educational plan indicates that the services are |
| 497 | appropriate for the child. |
| 498 | (5) From the funds allocated to the early learning |
| 499 | coalition for the Voluntary Prekindergarten Education Program, |
| 500 | the coalition shall reimburse an approved early intervention |
| 501 | service provider for authorized services provided to an eligible |
| 502 | child, except that the cumulative total of services reimbursed |
| 503 | for a child may not exceed the amount of the base student |
| 504 | allocation provided in the Voluntary Prekindergarten Education |
| 505 | Program in the General Appropriations Act. |
| 506 | Section 9. Paragraph (a) of subsection (4) of section |
| 507 | 1002.71, Florida Statutes, as amended by chapter 2009-3, Laws of |
| 508 | Florida, is amended to read: |
| 509 | 1002.71 Funding; financial and attendance reporting.-- |
| 510 | (4) Notwithstanding s. 1002.53(3) and subsection (2): |
| 511 | (a) A child who, for any of the prekindergarten programs |
| 512 | listed in s. 1002.53(3), has not completed more than 10 percent |
| 513 | of the hours authorized to be reported for funding under |
| 514 | subsection (2), or has not expended more than 10 percent of the |
| 515 | funds authorized for the child under s. 1002.66, may withdraw |
| 516 | from the program for good cause, reenroll in one of the |
| 517 | programs, and be reported for funding purposes as a full-time |
| 518 | equivalent student in the program in for which the child is |
| 519 | reenrolled. The total funding for a child who reenrolls in one |
| 520 | of the programs may shall not exceed one full-time equivalent |
| 521 | student. |
| 522 |
|
| 523 | A child may reenroll only once in a prekindergarten program |
| 524 | under this section. A child who reenrolls in a prekindergarten |
| 525 | program under this subsection may not subsequently withdraw from |
| 526 | the program and reenroll. The Agency for Workforce Innovation |
| 527 | shall establish criteria specifying whether a good cause exists |
| 528 | for a child to withdraw from a program under paragraph (a), |
| 529 | whether a child has substantially completed a program under |
| 530 | paragraph (b), and whether an extreme hardship exists which is |
| 531 | beyond the child's or parent's control under paragraph (b). |
| 532 | Section 10. Paragraphs (a) and (f) of subsection (2) of |
| 533 | section 1002.75, Florida Statutes, are amended to read: |
| 534 | 1002.75 Agency for Workforce Innovation; powers and |
| 535 | duties; operational requirements.-- |
| 536 | (2) The Agency for Workforce Innovation shall adopt |
| 537 | procedures governing the administration of the Voluntary |
| 538 | Prekindergarten Education Program by the early learning |
| 539 | coalitions and school districts for: |
| 540 | (a) Enrolling children in and determining the eligibility |
| 541 | of children for the Voluntary Prekindergarten Education Program |
| 542 | under ss. 1002.53 and 1002.66 s. 1002.53. |
| 543 | (f) Paying private prekindergarten providers, and public |
| 544 | schools, and early intervention service providers under ss. |
| 545 | 1002.66 and 1002.71 s. 1002.71. |
| 546 | Section 11. This act shall take effect July 1, 2009. |