Florida Senate - 2012                             CS for SB 1826
       By the Committee on Health Regulation; and Senator Gardiner
       588-02714-12                                          20121826c1
    1                        A bill to be entitled                      
    2         An act relating to developmental disabilities;
    3         creating s. 383.141, F.S.; providing legislative
    4         findings; providing definitions; requiring that health
    5         care providers provide pregnant women with current
    6         information about the nature of the developmental
    7         disabilities tested for in certain prenatal tests, the
    8         accuracy of such tests, and resources for obtaining
    9         support services for Down syndrome and other
   10         prenatally diagnosed developmental disabilities;
   11         providing duties for the Department of Health
   12         concerning establishment of an information
   13         clearinghouse; creating an advocacy council within the
   14         Department of Health to provide technical assistance
   15         in forming the clearinghouse; providing membership for
   16         the council; providing duties of the council;
   17         providing terms for members of the council; providing
   18         for election of a chairperson and vice chairperson;
   19         providing meeting times for the council; requiring the
   20         members to serve without compensation but be
   21         reimbursed for per diem and travel expenses; requiring
   22         the Department of Health to provide administrative
   23         support; amending s. 1002.39, F.S., relating to the
   24         John M. McKay Scholarships for Students with
   25         Disabilities Program; expanding eligibility
   26         requirements; requiring that each school provide
   27         information regarding the John M. McKay Scholarship
   28         Program upon the enrollment of certain dependent
   29         children members of the United States Armed Forces;
   30         creating a 2-year pilot program to provide for
   31         scholarships to certain students who have disabilities
   32         to attend certain private schools under contract with
   33         providers of supported employment services; providing
   34         eligibility requirements for students; providing a
   35         definition for a student who has a disability;
   36         providing for the term of the scholarship; authorizing
   37         supported employment services to be provided at
   38         multiple sites; providing eligibility requirements for
   39         providers of supported employment services and private
   40         schools; providing that a private school that fails to
   41         meet the eligibility requirements is ineligible to
   42         participate in the program; requiring that a student
   43         who chooses to participate in the program notify the
   44         Department of Education of the student’s acceptance
   45         into the program; providing for the restrictive
   46         endorsement of a warrant by a participating
   47         scholarship student or parent; prohibiting a power of
   48         attorney for endorsing a scholarship warrant;
   49         providing requirements for scholarship funding and
   50         payment; requiring that the Department of Education
   51         request from the Department of Financial Services a
   52         sample of endorsed warrants to review and confirm
   53         compliance with endorsement requirements; amending s.
   54         1004.55, F.S.; requiring each regional autism center
   55         in this state to provide coordination and
   56         dissemination of local and regional information
   57         regarding available resources for services for
   58         children who have developmental disabilities; revising
   59         the requirements for regional autism centers with
   60         respect to supporting state agencies in the
   61         development of training; providing an effective date.
   63  Be It Enacted by the Legislature of the State of Florida:
   65         Section 1. Section 383.141, Florida Statutes, is created to
   66  read:
   67         383.141Prenatally diagnosed conditions; patient to be
   68  provided information; definitions; clearinghouse of information;
   69  advisory council.—
   70         (1) The Legislature finds that pregnant women who choose to
   71  undergo prenatal testing for developmental disabilities should
   72  have access to timely and informative counseling about the
   73  conditions being tested for, the accuracy of such tests, and
   74  resources for obtaining support services for such conditions. It
   75  is especially essential for a pregnant woman whose unborn child
   76  has been diagnosed with a developmental disability through
   77  prenatal testing to be adequately informed of the accuracy of
   78  such testing, implications of the diagnosis, possible treatment
   79  options, and available support networks, as the results of such
   80  testing and the counseling that follows may lead to the
   81  unnecessary abortion of unborn humans.
   82         (2) As used in this section, the term:
   83         (a) “Down syndrome” means a chromosomal disorder caused by
   84  an error in cell division which results in the presence of an
   85  extra whole or partial copy of chromosome 21.
   86         (b) “Developmental disability” includes Down syndrome and
   87  other developmental disabilities defined by s. 393.063(9).
   88         (c) “Health care provider” means a physician licensed or
   89  registered under chapter 458 or chapter 459.
   90         (d) “Prenatally diagnosed condition” means an adverse fetal
   91  health condition identified by prenatal testing.
   92         (e) “Prenatal test” or “prenatal testing” means a
   93  diagnostic procedure or screening procedure performed on a
   94  pregnant woman or her unborn offspring to obtain information
   95  about her offspring’s health or development.
   96         (3) When a developmental disability is diagnosed based on
   97  the results of a prenatal test, the health care provider who
   98  ordered the prenatal test, or his or her designee, shall provide
   99  the patient with current information about the nature of the
  100  developmental disability, the accuracy of the prenatal test, and
  101  resources for obtaining relevant support services, including
  102  hotlines, resource centers, and information clearinghouses
  103  related to Down syndrome or other prenatally diagnosed
  104  developmental disabilities; support programs for parents and
  105  families; and developmental evaluation and intervention services
  106  under s. 391.303.
  107         (4) The Department of Health shall establish a
  108  clearinghouse of information related to developmental
  109  disabilities concerning providers of supportive services,
  110  information hotlines specific to Down syndrome and other
  111  prenatally diagnosed developmental disabilities, resource
  112  centers, educational programs, other support programs for
  113  parents and families, and developmental evaluation and
  114  intervention services under s. 391.303. Such information shall
  115  be made available to health care providers for use in counseling
  116  pregnant women whose unborn children have been prenatally
  117  diagnosed with developmental disabilities.
  118         (a) There is established an advisory council within the
  119  Department of Health which consists of health care providers and
  120  caregivers who perform health care services for persons who have
  121  developmental disabilities, including Down syndrome and autism.
  122  This group shall consist of nine members:
  123         1. Three members appointed by the Governor;
  124         2. Three members appointed by the President of the Senate;
  125  and
  126         3. Three members appointed by the Speaker of the House of
  127  Representatives.
  128         (b) The advisory council shall provide technical assistance
  129  to the Department of Health in the establishment of the
  130  information clearinghouse and give the department the benefit of
  131  the council members’ knowledge and experience relating to the
  132  needs of patients and families of patients with developmental
  133  disabilities and available support services.
  134         (c) Members of the council shall elect a chairperson and a
  135  vice chairperson. The elected chairperson and vice chairperson
  136  shall serve in these roles until their terms of appointment on
  137  the council expire.
  138         (d)The advisory council shall meet quarterly to review
  139  this clearinghouse of information, and may meet more often at
  140  the call of the chairperson or as determined by a majority of
  141  members.
  142         (e) The council members shall be appointed to 4-year terms,
  143  except that, to provide for staggered terms, one initial
  144  appointee each from the Governor, the President of the Senate,
  145  and the Speaker of the House of Representatives shall be
  146  appointed to a 2-year term, one appointee each from these
  147  officials shall be appointed to a 3-year term, and the remaining
  148  initial appointees shall be appointed to 4-year terms. All
  149  subsequent appointments shall be for 4-year terms. A vacancy
  150  shall be filled for the remainder of the unexpired term in the
  151  same manner as the original appointment.
  152         (f) Members of the council shall serve without compensation
  153  but are entitled to reimbursement for per diem and travel
  154  expenses as provided in s. 112.061.
  155         (g) The Department of Health shall provide administrative
  156  support for the advisory council.
  157         Section 2. Paragraph (a) of subsection (2) of section
  158  1002.39, Florida Statutes, is amended, and section (14) is added
  159  to that section to read:
  160         1002.39 The John M. McKay Scholarships for Students with
  161  Disabilities Program.—There is established a program that is
  162  separate and distinct from the Opportunity Scholarship Program
  163  and is named the John M. McKay Scholarships for Students with
  164  Disabilities Program.
  165         (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a
  166  student with a disability may request and receive from the state
  167  a John M. McKay Scholarship for the child to enroll in and
  168  attend a private school in accordance with this section if:
  169         (a) The student has:
  170         1. Received specialized instructional services under the
  171  Voluntary Prekindergarten Education Program pursuant to s.
  172  1002.66 during the previous school year and the student has a
  173  current individual educational plan developed by the local
  174  school board in accordance with rules of the State Board of
  175  Education for the John M. McKay Scholarships for Students with
  176  Disabilities Program or a 504 accommodation plan has been issued
  177  under s. 504 of the Rehabilitation Act of 1973;
  178         2. Spent the prior school year in attendance at a Florida
  179  public school or the Florida School for the Deaf and the Blind.
  180  For purposes of this subparagraph, prior school year in
  181  attendance means that the student was enrolled and reported by:
  182         a. A school district for funding during the preceding
  183  October and February Florida Education Finance Program surveys
  184  in kindergarten through grade 12, which includes time spent in a
  185  Department of Juvenile Justice commitment program if funded
  186  under the Florida Education Finance Program;
  187         b. The Florida School for the Deaf and the Blind during the
  188  preceding October and February student membership surveys in
  189  kindergarten through grade 12; or
  190         c. A school district for funding during the preceding
  191  October and February Florida Education Finance Program surveys,
  192  was at least 4 years of age when so enrolled and reported, and
  193  was eligible for services under s. 1003.21(1)(e); or
  194         3. Been enrolled and reported by a school district for
  195  funding, during the October and February Florida Education
  196  Finance Program surveys, in any of the 5 years prior to the
  197  2010-2011 fiscal year; has a current individualized educational
  198  plan developed by the district school board in accordance with
  199  rules of the State Board of Education for the John M. McKay
  200  Scholarship Program no later than June 30, 2011; and receives a
  201  first-time John M. McKay scholarship for the 2011-2012 school
  202  year. Upon request of the parent, the local school district
  203  shall complete a matrix of services as required in subparagraph
  204  (5)(b)1. for a student requesting a current individualized
  205  educational plan in accordance with the provisions of this
  206  subparagraph.
  208  However, a dependent child of a member of the United States
  209  Armed Forces who transfers to a school in this state from out of
  210  state or from a foreign country due to a parent’s permanent
  211  change of station orders is exempt from this paragraph but must
  212  meet all other eligibility requirements to participate in the
  213  program. Upon the enrollment of the dependent child of a member
  214  of the United States Armed Forces, the school shall provide
  215  information regarding this program.
  218         (a)The John M. McKay Scholarships for Students with
  219  Disabilities Pilot Program is established for 2 years in the
  220  Charlotte, DeSoto, Manatee, and Sarasota school districts to
  221  provide the option to receive a scholarship for instruction at
  222  private schools for students who:
  223         1. Have a disability;
  224         2. Are 22 years of age;
  225         3.Are receiving instruction from an instructor in a
  226  private school to meet the high school graduation requirements
  227  in s. 1003.428;
  228         4.Do not have a standard high school diploma or a special
  229  high school diploma; and
  230         5.Receive supported employment services, which is
  231  employment that is located or provided in an integrated work
  232  setting, with earnings paid on a commensurate wage basis, and
  233  for which continued support is needed for job maintenance.
  235  As used in this subsection, the term “student with a disability”
  236  includes a student who is documented as having an intellectual
  237  disability; a speech impairment; a language impairment; a
  238  hearing impairment, including deafness; a visual impairment,
  239  including blindness; a dual sensory impairment; an orthopedic
  240  impairment; another health impairment; an emotional or
  241  behavioral disability; a specific learning disability,
  242  including, but not limited to, dyslexia, dyscalculia, or
  243  developmental aphasia; a traumatic brain injury; a developmental
  244  delay; or autism spectrum disorder.
  245         (b)For purposes of continuity of educational choice, a
  246  student participating in the John M. McKay Scholarship Pilot
  247  Program may continue to participate in the program until the
  248  student graduates from high school, or reaches the age of 23,
  249  whichever occurs first.
  250         (c)The supported employment services may be provided at
  251  more than one site.
  252         (d)The provider of supported employment services must be a
  253  nonprofit corporation under s. 501(c)(3) of the Internal Revenue
  254  Code which serves Charlotte, DeSoto, Manatee, or Sarasota school
  255  districts and must contract with a private school in this state
  256  which meets the requirements in paragraph (e).
  257         (e)A private school that participates in the program may
  258  be sectarian or nonsectarian and must meet the following
  259  requirements:
  260         1.Be academically accountable for meeting the educational
  261  needs of the student by annually providing to the provider of
  262  supported employment services a written explanation of the
  263  student’s progress.
  264         2.Comply with the anti-discrimination provisions of 42
  265  U.S.C. s. 2000d.
  266         3.Meet state and local health and safety laws and codes.
  267         4.Provide to the provider of supported employment services
  268  all documentation required for a student’s participation,
  269  including the private school’s and student’s fee schedules, at
  270  least 30 days before any quarterly scholarship payment is made
  271  for the student. A student is not eligible to receive a
  272  quarterly scholarship payment if the private school fails to
  273  meet this deadline.
  275  The inability of a private school to meet the requirements of
  276  this paragraph constitutes a basis for the ineligibility of the
  277  private school to participate in the scholarship program.
  278         (f)1.If the student chooses to participate in the program
  279  and is accepted by the provider of supported employment
  280  services, the student must notify the Department of Education of
  281  his or her acceptance into the program 60 days before the first
  282  scholarship payment and before participating in the program in
  283  order to be eligible for the scholarship.
  284         2.Upon receipt of a scholarship warrant, the student or
  285  parent to whom the warrant is made must restrictively endorse
  286  the warrant to the provider of supported employment services for
  287  deposit into the account of the provider. The student or parent
  288  may not designate any entity or individual associated with the
  289  participating provider of supported employment services as the
  290  student’s or parent’s attorney in fact to endorse a scholarship
  291  warrant. A participant who fails to comply with this paragraph
  292  forfeits the scholarship.
  293         (g)Funds for the scholarship shall be provided through the
  294  Florida Education Finance Program to the school district for
  295  students who reside in the Charlotte, DeSoto, Manatee, or
  296  Sarasota school districts. During the 2-year pilot program, the
  297  maximum scholarship granted for an eligible student with a
  298  disability shall be equivalent to the base student allocation in
  299  the Florida Education Finance Program, multiplied by the high
  300  school cost factor, and multiplied by the district cost
  301  differential for the district in which the student resides.
  302         (h)Upon notification by the Department of Education that
  303  it has received the required documentation, the Chief Financial
  304  Officer shall make scholarship payments in four equal amounts no
  305  later than September 1, November 1, February 1, and April 1 of
  306  each academic year in which the scholarship is in force. The
  307  initial payment shall be made after the Department of Education
  308  verifies that the student was accepted into the program, and
  309  subsequent payments shall be made upon verification of continued
  310  participation in the program. Payment must be by individual
  311  warrant made payable to the student or parent and mailed by the
  312  Department of Education to the provider of supported employment
  313  services, and the student or parent shall restrictively endorse
  314  the warrant to the provider of supported employment services for
  315  deposit into the account of that provider.
  316         (i)Subsequent to each scholarship payment, the Department
  317  of Education shall request from the Department of Financial
  318  Services a sample of endorsed warrants to review and confirm
  319  compliance with endorsement requirements.
  320         Section 3. Paragraphs (f) and (g) of subsection (4) of
  321  section 1004.55, Florida Statutes, are amended to read:
  322         1004.55 Regional autism centers; public record exemptions.—
  323         (4) Each center shall provide:
  324         (f) Coordination and dissemination of local and regional
  325  information regarding available resources for services for
  326  children who have with the developmental disabilities as defined
  327  in s. 393.063(9) and (13) described in subsection (1).
  328         (g) Support to state agencies in the development of
  329  training for early child care providers and educators with
  330  respect to the developmental disabilities as defined in s.
  331  393.063(9) and (13) described in subsection (1).
  332         Section 4. This act shall take effect July 1, 2012.