is encouraged to avoid duplication or conflicting services or plans. (3) Private instructional personnel who are hired or contracted by parents to collaborate with public instructional personnel must be permitted to observe the student in the educational setting, collaborate with instructional personnel in the educational setting, and provide services in the educational setting according to the following requirements: (a) The student’s public instructional personnel and principal consent to the time and place. (b) The private instructional personnel satisfy the requirements of s. 1012.32 or s. 1012.321. For the purpose of implementing this subsection, a school district may not impose any requirements beyond those requirements specified in this subsection or charge any fees. (4) The provision of private instructional personnel by a parent does not constitute a waiver of the student’s or parent’s right to a free and appropriate public education under IDEA. A word of Caution Each county in Florida develops its own policies and procedures to implement IDEA. Some counties interpret the
federal law differently than others, especially if the county adopts the structure of “school-based management.” IDEA may be interpreted differently at each school, which makes it even more confusing if the practitioner is responsible for more than one school. All practitioners who provide services to a number of students in Exceptional Education Programs must be familiar with the IEP or 504 Plan that governs the student’s educational program in that school as compared to the Florida Statutes. The majority of legal action in Florida schools involves a student with an IEP or 504 plan, so practitioners must be sure they receive training to be knowledgeable about the responsibilities and procedures that must be followed to provide services to these students and parents. There will be district-level administrators in each county who can deliver this training in conjunction with the practitioner’s agency administrators. Furthermore, all school-related staff members and contractors working with the young client must study IDEA and Florida’s policies and procedures regarding Exceptional Student Education (Disability Rights Florida, 2022).
TITLE XXIX: PUBLIC HEALTH
Chapter 394 Mental Health: Florida Mental Health Act This is a comprehensive law that covers all aspects of mental health services in the state of Florida (Florida Legislature, 2021): 394.453 Legislative Intent. — (1) It is the intent of the Legislature: (a) To authorize and direct the Department of
support services, such as housing support, life skills and vocational training, and employment assistance, necessary for persons with mental health disorders and co-occurring mental health and substance use disorders to live successfully in their communities. (d) That licensed, qualified health professionals be authorized to practice to the fullest extent of their
Children and Families to evaluate, research, plan, and recommend to the Governor and the Legislature programs designed to reduce the occurrence, severity, duration, and disabling aspects of mental, emotional, and behavioral disorders. (b) That treatment programs for such disorders include, but not be limited to, comprehensive health, social, educational, and rehabilitative services to persons requiring intensive short- term and continued treatment in order to encourage them to assume responsibility for their treatment and recovery. It is intended that: 1. Such persons be provided with emergency service and temporary detention for evaluation when required; 2. Such persons be admitted to treatment facilities on a voluntary basis when extended or continuing care is needed and unavailable in the community; 3. Involuntary placement be provided only when expert evaluation determines it is necessary; 4. Any involuntary treatment or examination be accomplished in a setting that is clinically appropriate and most likely to facilitate the person’s return to the community as soon as possible; and 5. Individual dignity and human rights be guaranteed to all persons who are admitted to mental health facilities or who are being held under s. 394.463. (c) That services provided to persons in this state use the coordination-of-care principles characteristic of recovery-oriented services and include social
education and training in the performance of professional functions necessary to carry out the intent of this part. (2) It is the policy of this state that the use of restraint and seclusion on clients is justified only as an emergency safety measure to be used in response to imminent danger to the client or others. It is, therefore, the intent of the Legislature to achieve an ongoing reduction in the use of restraint and seclusion in programs and facilities serving persons with mental illness. (3) The Legislature further finds the need for additional psychiatrists to be of critical state concern and recommends the establishment of an additional psychiatry program to be offered by one of Florida’s schools of medicine currently not offering psychiatry. The program shall seek to integrate primary care and psychiatry and other evolving models of care for persons with mental health and substance use disorders. Additionally, the Legislature finds that the use of telemedicine for patient evaluation, case management, and ongoing care will improve management of patient care and reduce costs of transportation. 394.455 Definitions. — As used in this part, the term: (1) “Access center” means a facility that has medical, mental health, and substance abuse professionals to provide emergency screening and evaluation for mental health or substance abuse disorders and may provide transportation to an appropriate facility if an individual is in need of more intensive services.
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Book Code: SWFL1825
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