This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0015.ELE
DATE: 1/14/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 15 Children with Developmental Delays
SPONSOR(S): Tant and others
TIED BILLS: None IDEN./SIM. BILLS: SB 236
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Early Learning & Elementary Education
Subcommittee
Wolff Brink
2) PreK-12 Appropriations Subcommittee
3) Education & Employment Committee
SUMMARY ANALYSIS
The bill extends the eligibility for services of exceptional student education (ESE) students identified as having
a developmental delay. The bill amends the definition of “exceptional student” to include a student with a
developmental delay until age 9 or the completion of the grade 2, whichever occurs first. The change in
eligibility will require the State Board of Education to amend the existing rule on the provision of services to
ESE students with a developmental delay.
The bill has an indeterminate fiscal impact. See Fiscal Comments.
The bill provides an effective date of July 1, 2022. STORAGE NAME: h0015.ELE PAGE: 2
DATE: 1/14/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Background
A child with a developmental delay has a sensory, physical, mental, or emotional condition which
significantly affects the attainment of normal developmental milestones.
1
Developmental delays are one
of the most common concerns in early childhood, with 16.7 percent of children experiencing a delay in
at least one domain of development.
2
A child may have a developmental delay if the child fails to attain
developmental milestones as compared to peers from the same population.
3
A child with a
developmental delay may be eligible for early intervention or special education services under specified
federal and state criteria.
4
The Individuals with Disabilities Education Act
The Education for All Handicapped Children Act became law in 1975
5
and was reauthorized as the
Individuals with Disabilities Education Act (IDEA).
6
The IDEA makes available a free appropriate public
education to eligible children with disabilities through the provision of special education and related
services to those children.
7
The IDEA governs how states and public agencies provide early
intervention, special education, and related services to more than 7.5 million (as of school year 2018-
19) eligible infants, toddlers, children, and youth with disabilities.
8
Each state educational agency is responsible for administering the IDEA within the state and
distributing the funds for special education programs. The IDEA authorizes formula grants
9
to states
and discretionary grants to state educational agencies, postsecondary institutions, and other nonprofit
organizations subject to specific conditions on the receipt of federal IDEA funds.
10
The IDEA authorizes each state to determine the definition of a developmental delay for children under
age 3
11
and provides flexibility for states to provide special education and related services for children
age 3 through age 9 with developmental delays, as defined by the state.
12
Under the IDEA, a child with
a disability includes a child who is experiencing developmental delays, as defined by the state and as
measured by appropriate diagnostic instruments and procedures, in one or more of the following areas:
physical development, cognitive development, communication development, social or emotional
1
Florida Department of Education, Early Education and Kindergarten: Ages Three Through Five,
https://www.fldoe.org/academics/exceptional-student-edu/early-education/ages-three-through-five.stml (last visited Jan. 13, 2022).
2
Pediatric Health Care Alliance, P.A., Developmental Delays and Behavioral Difficulties in Children and the Role of a
Developmental-Behavioral Pediatrician, https://www.pedialliance.com/developmental-delays-and-behavioral-difficulties-children-
and-role-developmental-behavioral (last visited Jan. 13, 2022).
3
Khan I, Leventhal BL, Developmental Delay, Updated Aug. 4, 2021, StatPearls Publishing,
https://www.ncbi.nlm.nih.gov/books/NBK562231/ (last visited Jan. 13, 2022).
4
20 U.S.C. ss. 1432(3) and 1435(a)(1); 34 C.F.R. s. 303.111; ss. 1003.01 and 1003.21(1)(e), F.S..
5
Pub. L. No. 94-142 (Nov. 29, 1975).
6
U.S. Department of Education, About IDEA, https://sites.ed.gov/idea/about-idea/#IDEA-History (last visited Jan. 13, 2022).
7
Id.
8
Id.
9
Formula grants are awarded to states annually to support early-intervention services for infants and toddlers with disabilities and
their families, preschool children ages three through five, and special education for children and youth with disabilities. U.S.
Department of Education, Individuals with Disabilities Education Act: State Formula Grants, https://sites.ed.gov/idea/state-formula-
grants/ (last visited Jan. 13, 2022).
10
U.S. Department of Education, Protecting Students with Disabilities, https://www2.ed.gov/about/offices/list/ocr/504faq.html (last
visited Jan. 13, 2022).
11
20 U.S.C. ss. 1432(3) and 1435(a)(1); also 34 C.F.R. s. 303.10.
12
34 C.F.R. s. 300.8(b); see also U. S. Department of Education, 42nd Annual Report to Congress on the Implementation of the
Individuals with Disabilities Education Act (2020), at 285-289, available at https://sites.ed.gov/idea/files/42nd-arc-for-idea.pdf. STORAGE NAME: h0015.ELE PAGE: 3
DATE: 1/14/2022
development, or adaptive development; and who, by reason thereof, needs special education and
related services.
13
In 2018, 48 states included reporting for children ages three through five with
developmental delays, and 38 of these states additionally reported children with developmental delays
over the age of 6 and up to the age of 9.
14
Children and youth ages 3 through 21 receive special education and related services under IDEA Part
B,
15
which in Florida is administered by the Florida Department of Education and district school
boards.
16
Services provided under Part B may include transportation and such developmental,
corrective, and other supportive services as are required to assist a child with a disability to benefit from
special education, and include speech-language pathology and audiology services, interpreting
services, psychological services, physical and occupational therapy, recreation, including therapeutic
recreation, early identification and assessment of disabilities in children, counseling services, including
rehabilitation counseling, orientation and mobility services, and medical services for diagnostic or
evaluation purposes. Related services also include school health services and school nurse services,
social work services in schools, and parent counseling and training.
17
School districts may also use up to 15 percent of the grant awarded under Part B to provide early
intervening services to students in kindergarten through grade 12 (emphasizing students in
kindergarten through grade 3) who have not been identified as needing special education or related
services but who need additional academic and behavioral support to succeed in a general education
environment.
18
These services may include professional development and educational and behavioral
evaluations, services, and supports, including scientifically based literacy instruction.
19
For the 2021 federal fiscal year, Florida received $884.2 million through IDEA Part B.
20
Florida also
received an estimated additional $153.4 million in allocations to supplement IDEA through the
American Rescue Plan.
21
Exceptional Student Education in Florida
School District Responsibilities
Florida law provides that all students who are between the ages of 3 to 21 and have a disability have
the right to a free, appropriate public education.
22
School districts have the responsibility to ensure that
students suspected of having a disability are subject to general education intervention procedures.
23
Each district school board is required to provide for an appropriate program of special instruction,
facilities, and services for exceptional students.
24
For example, each district program must:
25
Provide the necessary professional services for diagnosis and evaluation of exceptional
students.
13
34 C.F.R. s. 300.08(b).
14
U. S. Department of Education, 42nd Annual Report to Congress on the Implementation of the Individuals with Disabilities
Education Act (2020), at 285-289, available at https://sites.ed.gov/idea/files/42nd-arc-for-idea.pdf.
15
U.S. Department of Education, About IDEA, https://sites.ed.gov/idea/about-idea/#IDEA-History (last visited Jan. 14, 2022).
16
U.S. Department of Education, Part B Grant Award Letter to Education Commissioner Richard Corcoran, (July 1, 2021), available
at https://www2.ed.gov/fund/data/award/idea/2021partb/fl-2021b-letter-enclosures.pdf. See also Rule 6A-6.0331, F.A.C.
17
34 C.F.R. s. 300.34.
18
20 U.S.C. s. 1413(f).
19
20 U.S.C. s. 1413(f)(2).
20
U.S. Department of Education, Fiscal Year 2021 Allocations for Grants to States, Individuals with Disabilities Education Act –and
Part B, Section 619, available at https://www2.ed.gov/policy/speced/leg/arp/ffy-2021-part-b-grants-to-states-summary-table-arp.xlsx
(Part B, Section 611); and https://sites.ed.gov/idea/files/FY_2021_Preschool_Grants_to_States_Summary_Table_04-20-2021.xls x
(Part B, Section 619).
21
U.S. Department of Education, Estimated American Rescue Plan IDEA Supplemental Grant Allocations,
https://www2.ed.gov/policy/speced/leg/arp/arp-idea-allocations.html (last visited Jan. 13, 2022).
22
Section 1003.5716, F.S.
23
Rule 6A-6.0331, F.A.C.
24
Section 1001.42(4)(l), F.S.
25
Section 1003.57(1)(b), F.S. STORAGE NAME: h0015.ELE PAGE: 4
DATE: 1/14/2022
Provide the special instruction, classes, and services, either within the district school system, in
cooperation with other district school systems, or through contractual arrangements with
approved private schools or community facilities.
The Individual Education Plan (IEP) is the primary vehicle for communicating the school district’s
commitment to addressing the unique educational needs of a student with a disability.
26
A student may
not be given special instruction or services as an exceptional student until after he or she has been
properly evaluated and found eligible as an exceptional student.
27
A school district must evaluate a
student within 60 days after receiving signed parental consent.
28
An IEP team, to include the parents of
the affected student, must then review the evaluation and determine the educational needs of the
student.
29
Student Eligibility
The State Board of Education (SBE) determines the procedures for qualifying a student as eligible to
receive exceptional student education (ESE).
30
Exceptional students include students who are gifted
and students with disabilities who have an intellectual disability; autism spectrum disorder; a speech
impairment; a language impairment; an orthopedic impairment; another health impairment; traumatic
brain injury; a visual impairment; an emotional or behavioral disability; or a specific learning disability,
including, but not limited to, dyslexia, dyscalculia, or developmental aphasia; students who are deaf or
hard of hearing or dual sensory impaired; students who are hospitalized or homebound; children with
developmental delays ages birth through five years, or children, ages birth through two years, with a
diagnosed physical or mental condition known to have a high probability of resulting in developmental
delay.
31
Developmental Delays
The SBE has adopted rules for the identification of developmental delays for children birth through age
five,
32
which evaluate children for delays in the areas of:
33
Adaptive or self-help development.
Cognitive development.
Communication development.
Social or emotional development.
Physical development including fine, or gross, or perceptual motor.
A developmental delay is documented by a multidisciplinary team utilizing multiple measures of
assessment, including:
34
Standardized instruments, judgement based assessments, criterion referenced instruments,
systematic observation, functional skills assessments, or other procedures selected in
consultation with the parent; or
Informed clinical opinion utilizing qualitative and quantitative information to determine the need
for early intervention services; and,
Parent report which can confirm or modify information obtained and describe behavior in
environments that the district may not be able to access.
26
Florida Department of Education, Developing Quality Individual Education Plans (2015), at 9, available at
http://www.fldoe.org/core/fileparse.php/7690/urlt/0070122-qualityieps.pdf.
27
Section 1003.57(1)(c), F.S.
28
Rule 6A-6.0331(2)(f), F.A.C.
29
Rule 6A-6.0331(6)(a), F.A.C.
30
Section 1003.57(1)(c), F.S.
31
Section 1003.01(3)(a), F.S. See also Rule 6A-6.03030, F.A.C.
32
Section 1003.21(1)(e), F.S.
33
Rule 6A-6.03027(1), F.A.C.
34
Rule 6A-6.03027(4)(a), F.A.C. When a developmental delay cannot be verified by the use of standardized instruments, the delay
may be established through observation of atypical functioning in any one or more of the developmental areas. Rule 6A-
6.03027(4)(b), F.A.C. STORAGE NAME: h0015.ELE PAGE: 5
DATE: 1/14/2022
As appropriate, the IEP or individualized family support plan
35
must be developed through interagency
collaboration with the family and other providers of services to the child and family and in accordance
with SBE rules.
36
A student must be evaluated for a qualifying disability and a family support plan or
IEP developed before the child is six years old to continue eligibility for special programs.
37
In the fall of 2020, out of 406,944 students with a disability who qualified to receive ESE services,
22,593 students ages 3 through 5 qualified because of having a developmental delay.
38
State Funding
Funding for public K-12 education in Florida is primarily determined by multiplying the number of full-
time equivalent students in each funded program by various cost factors, a base student allocation, and
district cost differential.
39
ESE cost factors are determined by using a matrix of services that documents
the services that each exceptional student will receive.
40
The nature and intensity of the services
indicated on the matrix must be consistent with the services described in each exceptional student's
IEP.
41
The state applies a weighted cost factor
42
to fund students in support levels IV and V, which are the two
highest levels of need.
43
For the 2021 fiscal year, the state funded students in support level IV at 3.648
times the base student allocation
44
of $4,372.91 for students in basic programs, and students in support
level V are funded at 5.34 times the base student allocation.
45
ESE services for students who do not
require a support level IV or V are funded through a the ESE guaranteed allocation,
46
which is
$1,064,584,063 for the 2021 fiscal year.
47
Funds from the ESE Guaranteed Allocation are distributed to
the school districts based on calculations within the Florida Education Finance Program (FEFP).
48
Effect of the Proposed Changes
The bill extends the eligibility for services of ESE students identified as having a developmental delay.
The bill modifies the definition of “exceptional student” by extending the upper age limit for the
identification of a student as having a developmental delay from age 5 to age 9, the maximum age
authorized by federal law, or through the completion of grade 2, whichever comes first. Accordingly, the
bill requires the SBE to adopt rules for the identification of developmental delays in students up to age 9
35
An individualized family support plan is a written plan identifying the specific concerns and priorities of a family related to
enhancing their child’s development and the resources to provide early intervention services to children with disabilities ages birth
through two (2) years and may also be used for special education and related services to children with disabilities ages three through
five. Rule 6A-6.03029, F.A.C. These eligible children and their families receive early intervention services under IDEA Part C and
Florida received $26.1 million through Part C of the IDEA in federal fiscal year 2020. U.S. Department of Education, Differentiated
Monitoring Letter to Surgeon General Rivkees, (January 19, 2021), at 5, available at
https://www2.ed.gov/fund/data/report/idea/partcdmsrpts/dms-fl-c-2021-report.pdf.
36
Rule 6A-6.03027(5)(a), F.A.C.
37
Rule 6A-6.03027(6), F.A.C.
38
Florida Department of Education, PK-12 Public School Data Publications and Reports, Membership in Programs for Exceptional
Students, Final Survey 2, 2020-2021, available at https://www.fldoe.org/core/fileparse.php/7584/urlt/MPES2021.xls x (worksheets
labeled “DD” and “All_SWD”).
39
Florida Department of Education, 2021-22 Funding for Florida School Districts, p. 4, available at
https://www.fldoe.org/core/fileparse.php/7507/urlt/Fefpdist.pdf.
40
Section 1011.62(1)(e)1.a., F.S.
41
Id.
42
Cost factors in the Florida Education Finance Program are based on desired relative cost differences between educational programs.
Section 1011.62(1)(c), F.S.
43
Section 1011.62(1)(c), F.S.
44
The base student allocation is the amount for each student in grades kindergarten through grade 12 that is determined annually by
the Legislature. Section 1011.62(1)(b). The base student allocation does not include different cost factors among programs, or
categorical or incentive funding available. See generally, s. 1011.62, F.S.
45
Specific Appropriations 7 and 90, s. 2, ch. 2021-36, L.O.F.
46
Section 1011.62(1)(e)1.c., F.S.
47
Specific Appropriations 7 and 90, s. 2, ch. 2021-36, L.O.F.
48
Florida Department of Education, Florida Education Finance Program 2021-22 Second Calculation, (July 16, 2021), pp. 23-24,
available at https://www.fldoe.org/core/fileparse.php/7507/urlt/2122FEFPSecondCalc.pdf. STORAGE NAME: h0015.ELE PAGE: 6
DATE: 1/14/2022
or the completion of grade 2, whichever comes first, who are eligible for admission to public special
education programs and for related services.
In some young children experiencing developmental delays, it may be difficult to assign a specific
disability. If a student’s disability that caused the developmental delay is not evaluated or evident prior
to age six, the student may experience a break in service. Extending the age limit for which a student
with a developmental delay is eligible for special program services may provide additional time to
evaluate the student for a specific disability and develop a new IEP.
B. SECTION DIRECTORY:
Section 1. Amends s. 1003.01, F.S.; revising the definition of the term “exceptional student” to
include additional students with developmental delays.
Section 2. Amends s. 1003.21, F.S.; conforming provisions to changes made by the act.
Section 3. Providing an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The extended eligibility of ESE students with a developmental delay could increase the overall number
of students receiving ESE services in the state and could impact the amount received by school
districts under the ESE Guaranteed Allocation within the FEFP. As the number of additional eligible
ESE students that will be served under this bill is unknown, the fiscal impact of the bill is indeterminate.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other: STORAGE NAME: h0015.ELE PAGE: 7
DATE: 1/14/2022
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.