STORAGE NAME: h0127.CWS DATE: 3/10/2025 1 FLORIDA HOUSE OF REPRESENTATIVES BILL ANALYSIS This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent. BILL #: HB 127 TITLE: Exceptional Student Education SPONSOR(S): Kendall COMPANION BILL: CS/SB 102 (Gaetz) LINKED BILLS: None RELATED BILLS: None Committee References Careers & Workforce Human Services PreK-12 Budget Education & Employment SUMMARY Effect of the Bill: The bill seeks to enhance the employment opportunities for students with Autism Spectrum Disorder (ASD) by establishing a workforce credential program. The program must be developed and implemented by the Florida Department of Education (DOE) by January 31, 2026. To evaluate the program's effectiveness, the bill requires that the DOE submit an annual report from 2026 through 2030 with participation and outcomes data. Fiscal or Economic Impact: The bill requires DOE to develop and implement a workforce credential program for students with ASD. A curriculum framework for students with disabilities already exists. As such, it is unclear if the bill requires DOE to leverage this existing framework or create a brand-new framework. Additionally, adoption and implementation of the workforce credential program is at the discretion of school districts. Therefore, the bill will have an indeterminate fiscal impact on state and local expenditures. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY ANALYSIS EFFECT OF THE BILL: The bill creates a workforce credential program for students with autism spectrum disorder (ASD) with the goal of assisting students within securing employment upon graduation. The bill requires the Florida Department of Education (DOE) to develop and implement this program by January 31, 2026. Adoption and implementation of the workforce credential program is at the discretion of school districts. The program must allow students to earn workforce certificates that indicate they have acquired specific skills that meet employer needs. Each workforce certificate must require the student to demonstrate five discrete skills or behaviors, including, but not limited to, workplace safety. Additionally, the student’s demonstration of the required skills for each workforce certificate must be validated by two instructional staff members who specialize in exceptional student education. Beginning in 2026 and continuing through 2030, the bill requires the DOE to prepare an annual report by January 31 of the following year detailing the program’s operations. At a minimum, the report must include: The workforce certificates offered by the program; Data on post-graduation student employment; Student participation rates; and Any other outcome data deemed necessary by the DOE. (Section 1) The bill takes effect on July 1, 2025. (Section 2) JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 2 FISCAL OR ECONOMIC IMPACT: STATE GOVERNMENT: The bill requires DOE to develop and implement a workforce credential program for students with autism spectrum disorder. A curriculum framework for students with disabilities already exists. As such, it is unclear if the bill requires DOE to leverage this existing framework or create a brand-new framework. For this reason, the bill will have an indeterminate impact to state expenditures. LOCAL GOVERNMENT: Adoption and implementation of the workforce credential program is at the discretion of school districts. Therefore, the bill will have an indeterminate impact on local government expenditures. RELEVANT INFORMATION SUBJECT OVERVIEW: Exceptional Student Education The Individuals with Disabilities in Education Act (IDEA) 1 and Florida law 2 mandate 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 (FAPE). School districts have the responsibility to ensure that students suspected of having a disability are subject to general education intervention procedures. 3 Each district school board is required to provide for an appropriate program of special instruction, facilities, and services for exceptional students. Each district program must: 4 Provide the necessary professional services for diagnosis and evaluation of exceptional students. 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. Once a child meets IDEA’s eligibility criteria, FAPE is implemented through the Individualized Education Program (IEP), which is the plan for providing special education and related services by the local education agency. The IEP is the primary tool for outlining a student’s specialized education needs. 5 The IEP is developed by an IEP team composed of school personnel and the child’s parents or guardian. 6 A student must be properly evaluated and found eligible as an exceptional student before receiving special instruction or services as follows: 7 A school district must evaluate a student within 60 days after receiving signed parental consent. 8 An IEP team, to include the parents of the affected student, must then review the evaluation and determine the educational needs of the student. 9 Autism Spectrum Disorder and Workforce Challenges ASD is a developmental disability caused by differences in the brain. 10 As individuals with ASD transition to adolescence and adulthood, they may face challenges in developing and maintaining friendships, communicating 1 34 C.F.R. Part 300. 2 Section 1003.5716, F.S. 3 Rule 6A-6.0331, F.A.C. 4 Section 1003.57(1)(b), F.S. 5 Florida Department of Education, Developing Quality Individual Education Plans (2015), p. 9, available at http://www.fldoe.org/core/fileparse.php/7690/urlt/0070122-qualityieps.pdf. 6 Congressional Research Service, The Individuals with Disabilities Education Act (IDEA), Part B: Key Statutory and Regulatory Provisions (August 20, 2024), p. 2, available at https://crsreports.congress.gov/product/pdf/R/R41833. 7 Section 1003.57(1)(c), F.S. 8 Rule 6A-6.0331(3)(f), F.A.C. 9 Rule 6A-6.0331(6)(a), F.A.C. 10 Centers for Disease Control and Prevention, About Autism Spectrum Disorder, https://www.cdc.gov/autism/about/index.html (last visited Feb. 28, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 3 with peers and adults, or understanding what behaviors are expected in school or on the job. 11 These challenges can make it difficult to secure and sustain competitive employment, even for those with strong technical skills. 12 Research indicates that employees with ASD have many skills that can contribute a great deal to the workforce. Despite possessing valuable skill sets, individuals with ASD face higher unemployment and underemployment rates compared to the general population. 13 Research suggests that targeted training, employer-recognized credentials, and structured workforce support can significantly enhance employment outcomes for individuals with disabilities, including ASD. 14 Career Education Services for Students with Disabilities The DOE has adopted a curriculum framework specifically for career education services for students with disabilities through a structured sequence of courses designed to develop employability skills, technical training, and industry certification opportunities. This program is individualized for each student through that student’s IEP or other accommodations plan and allows students to gain the skills necessary for competitive employment in their desired occupation. 15 The curriculum framework integrates competency-based applied learning, including instruction in: 16 Career Ready Practices; 17 Workplace safety; Job-seeking and employability skills; Self-advocacy and career planning; and Technical skills in industry-specific fields. Students may earn multiple credits as they progress through career education courses, with their achievements documented through the Occupational Completion Point system. Some students may also participate in on-the-job training opportunities. 18 11 Id. 12 Kate Jackson, Autism in the Technology Workplace, Social Work Today, Vol. 13, No. 6, p. 8 (Nov./Dec. 2013), available at https://www.socialworktoday.com/archive/111113p8.shtml. 13 A.J. Griffiths et al., Developing Employment Environments Where Individuals with ASD Thrive: Using Machine Learning to Explore Employer Policies and Practices, Brain Sci., Vol. 10, No. 9, p. 632 (Sept. 11, 2020), available at https://pmc.ncbi.nlm.nih.gov/articles/PMC7564237/. 14 Florida Department of Education, Florida Department of Economic Opportunity, and CareerSource Florida, 2024-2028 WIOA Combined Plan, pp. 426-507, available at https://careersourceflorida.com/wp-content/uploads/2024/02/2024-2028-WIOA- Combined-Plan.pdf. 15 Florida Department of Education, 2024-25 CTE Curriculum Frameworks, available at https://www.fldoe.org/academics/career-adult-edu/career-tech-edu/curriculum-frameworks/2024-25- frameworks/additional-cte-programs-courses.stml, download “Career Education Services for Students with Disabilities (9603100) (RTF).” 16 Id. 17 Career Ready Practices include, but are not limited to, acting as a responsible and contributing citizen and employee, applying appropriate academic and technical skills, communicating clearly, and using technology to enhance productivity. Id. 18 Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY 4 BILL HISTORY COMMITTEE REFERENCE ACTION DATE STAFF DIRECTOR/ POLICY CHIEF ANALYSIS PREPARED BY Careers & Workforce Subcommittee Kiner Wolff Human Services Subcommittee PreK-12 Budget Subcommittee Education & Employment Committee