Fla. Stat. § 391.3081 — Florida Code / Title XXIX / Chapter 391 / Part II / Section 391.3081
391.3081 Early Steps Extended Option.
Status: in_force

(1) LEGISLATIVE INTENT. — The Legislature recognizes that continuity of care promotes positive outcomes in the learning and development of infants, toddlers, and children. It is the intent of the Legislature to offer families of children with developmental delays or disabilities a choice for such children to continue services in the Early Steps Program beyond the age of 3 years old.

(2) PURPOSE. — (a) The purpose of the Early Steps Extended Option is to continue enrollment in the Early Steps Program for those children who are eligible. Therefore, the provisions of s. 391.308 are maintained and incorporated in the Early Steps Extended Option. (b) For the purposes of this section, “child” means a child from birth until the beginning of the school year following the child’s fourth birthday, as provided in 34 C.F.R. s. 303.211(a)(2)(ii).

(3) DUTIES. — (a) The department shall: 1. Submit its application for federal approval to extend eligibility for services under part C of the federal Individuals with Disabilities Education Act no later than July 1, 2026. 2. Jointly with the Department of Education, develop or amend any rule, policy, procedure, written agreement, or contract necessary to implement the Early Steps Extended Option in accordance with state law and part C of the federal Individuals with Disabilities Education Act. 3. Seek additional federal grant funds, as available, for the implementation of the Early Steps Extended Option, including a state incentive grant. However, the department may implement the Early Steps Extended Option regardless of the availability or acceptance of supplemental federal grant funds, contingent upon the appropriation of state funds. (b) As part of the individualized family support plan for each child served under the Early Steps Extended Option, a local program office shall include steps for a child to transition to part B of the federal Individuals with Disabilities Education Act or other future services by the beginning of the school year following the child’s fourth birthday.

(4) ELIGIBILITY. — The department must apply the following eligibility criteria if specific funding is provided in the General Appropriations Act: (a) All of the following criteria must be met for a child to continue receiving Early Steps Program services under the Early Steps Extended Option: 1. The child must be determined eligible for early intervention services through the Early Steps Program at least 45 days before the child’s third birthday. 2. The child must be determined eligible for services under part B of the federal Individuals with Disabilities Education Act. 3. Before the child’s third birthday, the family must choose to continue services through the Early Steps Extended Option, which shall include an educational component to promote school readiness and incorporate pre-literacy, language, and numeracy skills. (b) A child becomes ineligible to reenter the Early Steps Extended Option upon exiting the program. If a family chooses to exit the Early Steps Extended Option before the beginning of the school year following the child’s fourth birthday, the local school district, in conjunction with the local program office, must notify the child’s parent or legal guardian of his or her rights under part B of the federal Individuals with Disabilities Education Act. (c) A child may not receive services under part B of the federal Individuals with Disabilities Education Act while receiving services through the Early Steps Extended Option. (d) A child may not receive a state scholarship under s. 1002.394 while receiving services through the Early Steps Extended Option.

(5) TRANSITION TO EDUCATION. — (a) At least 90 days before the beginning of the school year following the fourth birthday of a child enrolled in the Early Steps Extended Option, the local program office shall initiate transition planning to ensure the child’s successful transition from the Early Steps Extended Option to a school district program under part B of the federal Individuals with Disabilities Education Act or to another program as part of an individual family support plan. Specifically, the local program office shall: 1. Notify the Department of Education and the local school district in which the child resides that the eligible child is exiting the Early Steps Extended Option, unless the child’s parent or legal guardian has opted out of such notification; and 2. Upon approval by the child’s parent or legal guardian, convene a transition conference that includes participation of a local school district representative and the parent or legal guardian to discuss options for and availability of services. (b) The local program office, in conjunction with the local school district, shall modify a child’s individual family support plan, or, if applicable, the local school district shall develop or review an individual education plan for the child pursuant to ss. 1003.57, 1003.571, and 1003.5715 which identifies special education or related services that the child will receive and the providers or agencies that will provide such services. (c) If a child is found to be no longer eligible for part B of the federal Individuals with Disabilities Education Act during the review of an individual education plan, the local program office and the local school district must provide the child’s parent or legal guardian with written information on other available services or community resources.

(6) ACCOUNTABILITY REPORTING. — The department shall include a performance assessment of the Early Steps Extended Option in the annual report specified in s. 391.308(5). (a) The assessment must include: 1. The number and percentage of children eligible under part B of the federal Individuals with Disabilities Education Act who receive services through the Early Steps Extended Option. 2. The number and percentage of children determined eligible to receive services under part B of the federal Individuals with Disabilities Education Act. 3. The number and percentage of children determined ineligible to receive services under part B of the federal Individuals with Disabilities Education Act. (b) The Department of Education shall provide to the department data necessary for the evaluation of the Early Steps Program and the Early Steps Extended Option, including, but not limited to, the number and percentage of children who are referred by either program and who elect to receive services under part B of the federal Individuals with Disabilities Education Act.

History: s. 4, ch. 2025-95.