Bill Text: FL S1784 | 2020 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vocational Rehabilitation Services

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-03-10 - Laid on Table, refer to CS/HB 901 [S1784 Detail]

Download: Florida-2020-S1784-Introduced.html

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       Florida Senate - 2020                                    SB 1784
       
       
        
       By Senator Gainer
       
       
       
       
       
       2-01188A-20                                           20201784__
    1                        A bill to be entitled                      
    2         An act relating to vocational rehabilitation services;
    3         amending s. 413.20, F.S.; revising and providing
    4         definitions; amending s. 413.207, F.S.; revising
    5         information that the Division of Vocational
    6         Rehabilitation must include in its annual performance
    7         report to the Governor and the Legislature; amending
    8         s. 413.23, F.S.; requiring the division to provide
    9         preemployment transition services to certain eligible
   10         persons with disabilities; requiring the division to
   11         cooperate with contracted providers to provide such
   12         services; amending s. 413.30, F.S.; providing
   13         eligibility requirements for the provision of
   14         preemployment transition services; requiring the
   15         division to assess the service needs of eligible
   16         individuals within a specified period; providing for
   17         an extension of such assessment under certain
   18         circumstances; amending s. 413.405, F.S.; revising the
   19         composition of the Florida Rehabilitation Council;
   20         revising the responsibilities of the Florida
   21         Rehabilitation Council to conform to changes made by
   22         the act; amending s. 413.41, F.S.; requiring the
   23         division to enter into formal interagency agreements
   24         with certain entities for certain purposes; requiring
   25         that such agreements meet specified requirements;
   26         amending s. 413.731, F.S.; requiring the division to
   27         contract with other providers to provide preemployment
   28         transition services under certain circumstances;
   29         amending s. 413.74, F.S.; requiring school districts
   30         and public agencies to use the Student Transition
   31         Activities Record program for the referral of certain
   32         students with disabilities; amending s. 1003.5716,
   33         F.S.; requiring that a student’s individual education
   34         plan contain a statement regarding preemployment
   35         transition services; providing an effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Present subsections (20) through (27) of section
   40  413.20, Florida Statutes, are redesignated as subsections (21)
   41  through (28), respectively, a new subsection (20) is added to
   42  that section, and subsection (3) of that section is amended, to
   43  read:
   44         413.20 Definitions.—As used in this part, the term:
   45         (3) “Assessment for determining eligibility and vocational
   46  rehabilitation needs” means a review of existing data to
   47  determine whether an individual is eligible for vocational
   48  rehabilitation services, including preemployment transition
   49  services, and to assign the priority, and, to the extent
   50  additional data is necessary to make such determination and
   51  assignment, a preliminary assessment of such data, including the
   52  provision of goods and services during such assessment. If
   53  additional data is necessary, the division must make a
   54  comprehensive assessment of the unique strengths, resources,
   55  priorities, concerns, abilities, capabilities, interests, and
   56  informed choice, including the need for supported employment, of
   57  an eligible individual to make a determination of the goals,
   58  objectives, nature, and scope of vocational rehabilitation
   59  services to be included in the individualized plan for
   60  employment.
   61         (20) “Preemployment transition services” means the services
   62  of job exploration counseling, work-based learning experiences,
   63  counseling on postsecondary education, workplace readiness
   64  training, and instruction in self-advocacy as required by the
   65  Workforce Innovation and Opportunity Act of 2014, which may be
   66  provided to students with disabilities who are eligible or
   67  potentially eligible for vocational rehabilitation services.
   68         Section 2. Present paragraph (d) of subsection (4) of
   69  section 413.207, Florida Statutes, is redesignated as paragraph
   70  (e), new paragraph (d) and paragraph (f) are added to that
   71  subsection, and paragraph (a) of that subsection is amended, to
   72  read:
   73         413.207 Division of Vocational Rehabilitation; quality
   74  assurance; performance improvement plan.—
   75         (4) By December 1 of each year, the division shall submit a
   76  performance report to the Governor, the President of the Senate,
   77  and the Speaker of the House of Representatives which includes
   78  the following information for each of the 5 most recent fiscal
   79  years:
   80         (a) Caseload data, by service type and service area,
   81  including the number of individuals who apply for services and
   82  the timeframes in which eligibility is determined, plans are
   83  developed, and services are provided who receive services, by
   84  service type, reported statewide and by service area.
   85         (d) Matching fund data, including the sources and amounts
   86  of matching funds received by the division and the extent to
   87  which the state is meeting its cost-sharing requirements.
   88         (f) Transition services data, including preemployment
   89  transition services, for students and youth with disabilities by
   90  service type, including expenditure data on a statewide and
   91  service area basis, employment outcomes achieved by youth
   92  served, and postsecondary enrollment rates.
   93         Section 3. Section 413.23, Florida Statutes, is amended to
   94  read:
   95         413.23 Administration.—The division shall provide
   96  vocational rehabilitation services, including preemployment
   97  transition services, to persons who have disabilities determined
   98  to be eligible therefor and, in carrying out the purposes of
   99  this part, is authorized, among other things:
  100         (1) To cooperate with other departments, agencies, public
  101  and private and institutions, both public and private, and
  102  contracted providers in providing for the vocational
  103  rehabilitation and preemployment transition services of persons
  104  who have disabilities, in studying the problems involved
  105  therein, and in establishing, developing, and providing, in
  106  conformity with the purposes of this part, such programs,
  107  facilities, and services as may be necessary or desirable;
  108         (2) To enter into reciprocal agreements with other states
  109  to provide for the vocational rehabilitation of residents of the
  110  states concerned;
  111         (3) To conduct research and compile statistics relating to
  112  the vocational rehabilitation of persons who have disabilities;
  113         (4) To prepare a federally required state plan for
  114  vocational rehabilitation, as required by the act. The state
  115  plan must contain all of the elements required by s. 101 of the
  116  act, including an assessment of the needs of persons who have
  117  disabilities and how those needs may be most effectively met.
  118  The division is authorized to make amendments to the state plan
  119  considered necessary to maintain compliance with the act and to
  120  implement such changes in order to qualify for and maintain
  121  federal funding. After completion of the state plan or making
  122  amendments to the state plan, the division must distribute
  123  copies of the state plan to the Governor, the President of the
  124  Senate, the Speaker of the House of Representatives, and the
  125  United States Secretary of Education.
  126         Section 4. Present subsections (2) through (8) of section
  127  413.30, Florida Statutes, are redesignated as subsections (3)
  128  through (9), respectively, a new subsection (2) is added to that
  129  section, and present subsections (3) and (5) of that section are
  130  amended, to read:
  131         413.30 Eligibility for vocational rehabilitation services.—
  132         (2) Preemployment transition services shall be provided to
  133  an individual with disabilities who is between 14 and 21 years
  134  of age; who is eligible or potentially eligible for vocational
  135  rehabilitation services in a secondary, postsecondary, or other
  136  recognized education program; and who has:
  137         (a) A current individual education plan developed by a
  138  local school board in accordance with rules of the State Board
  139  of Education; or
  140         (b) A 504 accommodation plan issued under s. 504 of the
  141  Rehabilitation Act of 1973.
  142         (4)(3) An individual is presumed to benefit in terms of an
  143  employment outcome from vocational rehabilitation services or
  144  preemployment transition services under this part unless the
  145  division can demonstrate by clear and convincing evidence that
  146  the individual is incapable of benefiting from vocational
  147  rehabilitation services or preemployment transition services in
  148  terms of an employment outcome. Before making such a
  149  determination, the division must consider the individual’s
  150  abilities, capabilities, and capacity to perform in a work
  151  situation through the use of trial work experiences. Trial work
  152  experiences include supported employment, on-the-job training,
  153  or other work experiences using realistic work settings. Under
  154  limited circumstances, if an individual cannot take advantage of
  155  trial work experiences or if options for trial work experiences
  156  have been exhausted, the division shall conduct an extended
  157  evaluation, not to exceed 18 months. The evaluation must
  158  determine the eligibility of the individual and the nature and
  159  scope of needed vocational rehabilitation services or
  160  preemployment transition services. The extended evaluation must
  161  be reviewed once every 90 days to determine whether the
  162  individual is eligible for vocational rehabilitation services or
  163  preemployment transition services.
  164         (6)(5) When the division determines that an individual is
  165  eligible for vocational rehabilitation services or preemployment
  166  transition services, the division must complete an assessment
  167  for determining eligibility and vocational rehabilitation or
  168  preemployment transition needs and ensure that an individualized
  169  plan for employment is prepared within a reasonable period of
  170  time, not to exceed 90 days after the date of eligibility
  171  determination, unless unforeseen circumstances beyond the
  172  control of the division prevent the division from completing the
  173  assessment and individualized plan for employment within the 90
  174  day timeframe and the division and the individual agree that an
  175  extension of time is warranted.
  176         (a) Each individualized plan for employment must be jointly
  177  developed, agreed upon, and signed by the vocational
  178  rehabilitation counselor or coordinator and the eligible
  179  individual or, in an appropriate case, a parent, family member,
  180  guardian, advocate, or authorized representative, of the
  181  individual.
  182         (b) The division must ensure that each individualized plan
  183  for employment is designed to achieve the specific employment
  184  outcome of the individual, consistent with the unique strengths,
  185  resources, priorities, concerns, abilities, and capabilities of
  186  the individual, and otherwise meets the content requirements for
  187  an individualized plan for employment as set out in federal law
  188  or regulation.
  189         (c) Each individualized plan for employment shall be
  190  reviewed annually, at which time the individual, or the
  191  individual’s parent, guardian, advocate, or authorized
  192  representative, shall be afforded an opportunity to review the
  193  plan and jointly redevelop and agree to its terms. Each plan
  194  shall be revised as needed.
  195         Section 5. Paragraph (h) of subsection (1) and paragraph
  196  (d) of subsection (9) of section 413.405, Florida Statutes, are
  197  amended to read:
  198         413.405 Florida Rehabilitation Council.—There is created
  199  the Florida Rehabilitation Council to assist the division in the
  200  planning and development of statewide rehabilitation programs
  201  and services, to recommend improvements to such programs and
  202  services, and to perform the functions listed in this section.
  203         (1) The council shall be composed of:
  204         (h) Current or former applicants for, or recipients of,
  205  vocational rehabilitation services, including preemployment
  206  transition services.
  207         (9) In addition to the other functions specified in this
  208  section, the council shall, after consulting with the board of
  209  directors of CareerSource Florida, Inc.:
  210         (d) To the extent feasible, conduct a review and analysis
  211  of the effectiveness of, and consumer satisfaction with:
  212         1. The functions performed by state agencies and other
  213  public and private entities responsible for performing functions
  214  for individuals who have disabilities.
  215         2. Vocational rehabilitation services:
  216         a. Provided or paid for from funds made available under the
  217  act or through other public or private sources.
  218         b. Provided by state agencies and other public and private
  219  entities responsible for providing vocational rehabilitation
  220  services to individuals who have disabilities.
  221         3. Preemployment transition services:
  222         a. Provided or paid for from funds made available under the
  223  act or through other public or private sources.
  224         b. Provided by state agencies and other public and private
  225  entities responsible for providing preemployment transition
  226  services to students who have disabilities.
  227         4.3. The employment outcomes achieved by eligible
  228  individuals receiving services under this part, including the
  229  availability of health or other employment benefits in
  230  connection with those employment outcomes; alignment with labor
  231  market demands in the state; and, for youth with disabilities,
  232  the availability of career pathways, including work-based
  233  learning experiences and customized employment.
  234         Section 6. Section 413.41, Florida Statutes, is amended to
  235  read:
  236         413.41 Cooperation by division with state agencies.—
  237         (1) The division is hereby authorized to cooperate with
  238  other agencies of state government or with any nonprofit,
  239  charitable corporations or foundations concerned with the
  240  problems of persons who have disabilities. The division may
  241  provide disability evaluation, work capacity appraisal, and
  242  appraisal of vocational rehabilitation potential of persons who
  243  have disabilities for other public agencies pursuant to
  244  agreements made with such agencies. The division may charge the
  245  agencies contracting for these services the actual cost thereof.
  246         (2)(a) The division shall enter into a formal interagency
  247  agreement with the state education agency that provides for the
  248  transition of students with disabilities, including
  249  preemployment transition services and other vocational
  250  rehabilitation services as required by s. 101(a)(11)(D) of the
  251  Rehabilitation Act of 1973, as amended. The formal interagency
  252  agreement shall comply with the requirements of 34 C.F.R. s.
  253  361.22(b).
  254         (b) The division shall enter into formal interagency
  255  agreements with all local educational agencies which are
  256  consistent with the state level agreement and address the
  257  requirements for providing vocational rehabilitation services,
  258  including referral of students with disabilities through the
  259  Student Transition Activities Record program who may be eligible
  260  for preemployment transition services. The agreements must also
  261  include any preemployment transition coordination activities,
  262  such as attending individual education plan meetings for
  263  students with disabilities or attending person-centered planning
  264  meetings for students with disabilities who are receiving
  265  services under title XIX of the Social Security Act.
  266         Section 7. Present subsection (4) of section 413.731,
  267  Florida Statutes, is redesignated as subsection (5), and a new
  268  subsection (4) is added to that section, to read:
  269         413.731 Legislative funding; contracting for services.—
  270         (4) If the division is unable to provide preemployment
  271  transition services for students with disabilities within 90
  272  days after the date of determining service needs, the division
  273  must contract with other providers to provide such services.
  274         Section 8. Subsection (3) is added to section 413.74,
  275  Florida Statutes, to read:
  276         413.74 Other agencies; cooperation and referral.—
  277         (3) School districts and public agencies shall use the
  278  Student Transition Activities Record program to refer students
  279  with disabilities who are potentially eligible for preemployment
  280  transition services to the division.
  281         Section 9. Paragraph (c) of subsection (2) of section
  282  1003.5716, Florida Statutes, is amended to read:
  283         1003.5716 Transition to postsecondary education and career
  284  opportunities.—All students with disabilities who are 3 years of
  285  age to 21 years of age have the right to a free, appropriate
  286  public education. As used in this section, the term “IEP” means
  287  individual education plan.
  288         (2) Beginning not later than the first IEP to be in effect
  289  when the student attains the age of 16, or younger if determined
  290  appropriate by the parent and the IEP team, the IEP must include
  291  the following statements that must be updated annually:
  292         (c) A statement of appropriate measurable long-term
  293  postsecondary education and career goals based upon age
  294  appropriate transition assessments related to training,
  295  education, employment, and, if appropriate, independent living
  296  skills and the transition services, including preemployment
  297  transition services and courses of study needed to assist the
  298  student in reaching those goals.
  299         Section 10. This act shall take effect July 1, 2020.