Bill Amendment: FL H0837 | 2016 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Education Programs for Individuals with Disabilities
Status: 2016-03-28 - Chapter No. 2016-137, companion bill(s) passed, see HB 5003 (Ch. 2016-62), CS/CS/HB 7029 (Ch. 2016-237) [H0837 Detail]
Download: Florida-2016-H0837-Senate_Floor_Amendment_Delete_All_495394.html
Bill Title: Education Programs for Individuals with Disabilities
Status: 2016-03-28 - Chapter No. 2016-137, companion bill(s) passed, see HB 5003 (Ch. 2016-62), CS/CS/HB 7029 (Ch. 2016-237) [H0837 Detail]
Download: Florida-2016-H0837-Senate_Floor_Amendment_Delete_All_495394.html
Florida Senate - 2016 SENATOR AMENDMENT Bill No. CS for HB 837 Ì495394KÎ495394 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Stargel moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsections (10) through (13) of section 6 1002.39, Florida Statutes, are renumbered as subsections (11) 7 through (14), respectively, paragraph (a) of subsection (2), 8 paragraph (h) of subsection (3), paragraph (b) of subsection 9 (8), and paragraph (a) of present subsection (10) are amended, 10 and a new subsection (10) is added to that section, to read: 11 1002.39 The John M. McKay Scholarships for Students with 12 Disabilities Program.—There is established a program that is 13 separate and distinct from the Opportunity Scholarship Program 14 and is named the John M. McKay Scholarships for Students with 15 Disabilities Program. 16 (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a 17 student with a disability may request and receive from the state 18 a John M. McKay Scholarship for the child to enroll in and 19 attend a private school in accordance with this section if: 20 (a) The student has: 21 1. Received specialized instructional services under the 22 Voluntary Prekindergarten Education Program pursuant to s. 23 1002.66 during the previous school year and the student has a 24 current individual educational plan developed by the local 25 school board in accordance with rules of the State Board of 26 Education for the John M. McKay Scholarships for Students with 27 Disabilities Program or a 504 accommodation plan has been issued 28 under s. 504 of the Rehabilitation Act of 1973; or 29 2. Spent the prior school year in attendance at a Florida 30 public school or the Florida School for the Deaf and the Blind. 31 For purposes of this subparagraph, prior school year in 32 attendance means that the student was enrolled and reported by: 33 a. A school district for funding during the preceding 34 October and February Florida Education Finance Program surveys 35 in kindergarten through grade 12, which includes time spent in a 36 Department of Juvenile Justice commitment program if funded 37 under the Florida Education Finance Program; 38 b. The Florida School for the Deaf and the Blind during the 39 preceding October and February student membership surveys in 40 kindergarten through grade 12; or 41 c. A school district for funding during the preceding 42 October and February Florida Education Finance Program surveys, 43 was at least 4 years of age when so enrolled and reported, and 44 was eligible for services under s. 1003.21(1)(e). 45 46 However, a dependent child of a member of the United States 47 Armed Forces who transfers to a school in this state from out of 48 state or from a foreign country due to a parent’s permanent 49 change of station orders or a foster child is exempt from this 50 paragraph but must meet all other eligibility requirements to 51 participate in the program. 52 (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.—A student is 53 not eligible for a John M. McKay Scholarship: 54 (h) While he or she is not having regular and direct 55 contact with his or her private school teachers at the school’s 56 physical location unless he or she is enrolled in the private 57 school’s transition-to-work program pursuant to subsection (10); 58 or 59 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be 60 eligible to participate in the John M. McKay Scholarships for 61 Students with Disabilities Program, a private school may be 62 sectarian or nonsectarian and must: 63 (b) Provide to the department all documentation required 64 for a student’s participation, including the private school’s 65 and student’s fee schedules, at least 30 days before any 66 quarterly scholarship payment is made for the student pursuant 67 to paragraph (11)(e)(10)(e). A student is not eligible to 68 receive a quarterly scholarship payment if the private school 69 fails to meet this deadline. 70 71 The inability of a private school to meet the requirements of 72 this subsection shall constitute a basis for the ineligibility 73 of the private school to participate in the scholarship program 74 as determined by the department. 75 (10) TRANSITION-TO-WORK PROGRAM.—A student participating in 76 the John M. McKay Scholarships for Students with Disabilities 77 Program who is at least 17 years, but not older than 22 years, 78 of age and who has not received a high school diploma or 79 certificate of completion is eligible for enrollment in his or 80 her private school’s transition-to-work program. A transition 81 to-work program shall consist of academic instruction, work 82 skills training, and a volunteer or paid work experience. 83 (a) To offer a transition-to-work program, a participating 84 private school must: 85 1. Develop a transition-to-work program plan, which must 86 include a written description of the academic instruction and 87 work skills training students will receive and the goals for 88 students in the program. 89 2. Submit the transition-to-work program plan to the Office 90 of Independent Education and Parental Choice. 91 3. Develop a personalized transition-to-work program plan 92 for each student enrolled in the program. The student’s parent, 93 the student, and the school principal must sign the personalized 94 plan. The personalized plan must be submitted to the Office of 95 Independent Education and Parental Choice upon request by the 96 office. 97 4. Provide a release of liability form that must be signed 98 by the student’s parent, the student, and a representative of 99 the business offering the volunteer or paid work experience. 100 5. Assign a case manager or job coach to visit the 101 student’s job site on a weekly basis to observe the student and, 102 if necessary, provide support and guidance to the student. 103 6. Provide to the parent and student a quarterly report 104 that documents and explains the student’s progress and 105 performance in the program. 106 7. Maintain accurate attendance and performance records for 107 the student. 108 (b) A student enrolled in a transition-to-work program 109 must, at a minimum: 110 1. Receive 15 instructional hours at the private school’s 111 physical facility, which must include academic instruction and 112 work skills training. 113 2. Participate in 10 hours of work at the student’s 114 volunteer or paid work experience. 115 (c) To participate in a transition-to-work program, a 116 business must: 117 1. Maintain an accurate record of the student’s performance 118 and hours worked and provide the information to the private 119 school. 120 2. Comply with all state and federal child labor laws. 121 (11)(10)JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.— 122 (a)1. The maximum scholarship granted for an eligible 123 student with disabilities shall be equivalent to the base 124 student allocation in the Florida Education Finance Program 125 multiplied by the appropriate cost factor for the educational 126 program that would have been provided for the student in the 127 district school to which he or she was assigned, multiplied by 128 the district cost differential. 129 2. In addition, a share of the guaranteed allocation for 130 exceptional students shall be determined and added to the amount 131 in subparagraph 1. The calculation shall be based on the 132 methodology and the data used to calculate the guaranteed 133 allocation for exceptional students for each district in chapter 134 2000-166, Laws of Florida. Except as provided in subparagraphs 135 3. and 4., the calculation shall be based on the student’s 136 grade, matrix level of services, and the difference between the 137 2000-2001 basic program and the appropriate level of services 138 cost factor, multiplied by the 2000-2001 base student allocation 139 and the 2000-2001 district cost differential for the sending 140 district. The calculated amount shall include the per-student 141 share of supplemental academic instruction funds, instructional 142 materials funds, technology funds, and other categorical funds 143 as provided in the General Appropriations Act. 144 3. The scholarship amount for a student who is eligible 145 under sub-subparagraph (2)(a)2.b. shall be calculated as 146 provided in subparagraphs 1. and 2. However, the calculation 147 shall be based on the school district in which the parent 148 resides at the time of the scholarship request. 149 4. Until the school district completes the matrix required 150 by paragraph (5)(b), the calculation shall be based on the 151 matrix that assigns the student to support Level I of service as 152 it existed prior to the 2000-2001 school year. When the school 153 district completes the matrix, the amount of the payment shall 154 be adjusted as needed. 155 5. The scholarship amount for a student eligible under s. 156 504 of the Rehabilitation Act of 1973 shall be based on the 157 program cost factor the student currently generates through the 158 Florida Education Finance Program. 159 6. The scholarship amount granted for an eligible student 160 with disabilities is not subject to the maximum value for 161 funding a student under s. 1011.61(4). 162 Section 2. Subsection (9) of section 1002.41, Florida 163 Statutes, is amended, and subsection (10) is added to that 164 section, to read: 165 1002.41 Home education programs.— 166 (9)Home education program students may receiveTesting and 167 evaluation services at diagnostic and resource centers shall be 168 available to home education program students, including, but not 169 limited to, student with disabilities, in accordance with the 170 provisions of s. 1006.03. 171 (10) A school district may provide exceptional student 172 education-related services, as defined in State Board of 173 Education rule, to a home education program student with a 174 disability who is eligible for the services and who enrolls in a 175 public school solely for the purpose of receiving those related 176 services. The school district providing the services shall 177 report each student as a full-time equivalent student in the 178 class and in a manner prescribed by the Department of Education, 179 and funding shall be provided through the Florida Education 180 Finance Program pursuant to s. 1011.62. 181 Section 3. Effective June 29, 2016, section 1004.935, 182 Florida Statutes, is amended to read: 183 1004.935 Adults with Disabilities Workforce EducationPilot184 Program.— 185 (1) The Adults with Disabilities Workforce EducationPilot186 Program is established in the Department of Educationthrough187June 30, 2016,in Hardee, DeSoto, Manatee, and Sarasota Counties 188 to provide the option of receiving a scholarship for instruction 189 at private schools for up to 30 students who: 190 (a) Have a disability; 191 (b) Are 22 years of age; 192 (c) Are receiving instruction from an instructor in a 193 private school to meet the high school graduation requirements 194 in s. 1002.3105(5) or s. 1003.4282; 195 (d) Do not have a standard high school diploma or a special 196 high school diploma; and 197 (e) Receive “supported employment services,” which means 198 employment that is located or provided in an integrated work 199 setting with earnings paid on a commensurate wage basis and for 200 which continued support is needed for job maintenance. 201 202 As used in this section, the term “student with a disability” 203 includes a student who is documented as having an intellectual 204 disability; a speech impairment; a language impairment; a 205 hearing impairment, including deafness; a visual impairment, 206 including blindness; a dual sensory impairment; an orthopedic 207 impairment; another health impairment; an emotional or 208 behavioral disability; a specific learning disability, 209 including, but not limited to, dyslexia, dyscalculia, or 210 developmental aphasia; a traumatic brain injury; a developmental 211 delay; or autism spectrum disorder. 212 (2) A student participating in thepilotprogram may 213 continue to participate in the program until the student 214 graduates from high school or reaches the age of 40 years, 215 whichever occurs first. 216 (3) Supported employment services may be provided at more 217 than one site. 218 (4) The provider of supported employment services must be a 219 nonprofit corporation under s. 501(c)(3) of the Internal Revenue 220 Code which serves Hardee County, DeSoto County, Manatee County, 221 or Sarasota County and must contract with a private school in 222 this state which meets the requirements in subsection (5). 223 (5) A private school that participates in thepilotprogram 224 may be sectarian or nonsectarian and must: 225 (a) Be academically accountable for meeting the educational 226 needs of the student by annually providing to the provider of 227 supported employment services a written explanation of the 228 student’s progress. 229 (b) Comply with the antidiscrimination provisions of 42 230 U.S.C. s. 2000d. 231 (c) Meet state and local health and safety laws and codes. 232 (d) Provide to the provider of supported employment 233 services all documentation required for a student’s 234 participation, including the private school’s and student’s fee 235 schedules, at least 30 days before any quarterly scholarship 236 payment is made for the student. A student is not eligible to 237 receive a quarterly scholarship payment if the private school 238 fails to meet this deadline. 239 240 The inability of a private school to meet the requirements of 241 this subsection constitutes a basis for the ineligibility of the 242 private school to participate in thepilotprogram. 243 (6)(a) If the student chooses to participate in thepilot244 program and is accepted by the provider of supported employment 245 services, the student must notify the Department of Education of 246 his or her acceptance into the program 60 days before the first 247 scholarship payment and before participating in thepilot248 program in order to be eligible for the scholarship. 249 (b) Upon receipt of a scholarship warrant, the student or 250 parent to whom the warrant is made must restrictively endorse 251 the warrant to the provider of supported employment services for 252 deposit into the account of the provider. The student or parent 253 may not designate any entity or individual associated with the 254 participating provider of supported employment services as the 255 student’s or parent’s attorney in fact to endorse a scholarship 256 warrant. A participant who fails to comply with this paragraph 257 forfeits the scholarship. 258 (7) Funds for the scholarship shall be provided from the 259 appropriation from the school district’s Workforce Development 260 Fund in the General Appropriations Act for students who reside 261 in the Hardee County School District, the DeSoto County School 262 District, the Manatee County School District, or the Sarasota 263 County School District.During the pilot program,The 264 scholarship amount granted for an eligible student with a 265 disability shall be equal to the cost per unit of a full-time 266 equivalent adult general education student, multiplied by the 267 adult general education funding factor, and multiplied by the 268 district cost differential pursuant to the formula required by 269 s. 1011.80(6)(a) for the district in which the student resides. 270 (8) Upon notification by the Department of Education that 271 it has received the required documentation, the Chief Financial 272 Officer shall make scholarship payments in four equal amounts no 273 later than September 1, November 1, February 1, and April 1 of 274 each academic year in which the scholarship is in force. The 275 initial payment shall be made after the Department of Education 276 verifies that the student was accepted into thepilotprogram, 277 and subsequent payments shall be made upon verification of 278 continued participation in thepilotprogram. Payment must be by 279 individual warrant made payable to the student or parent and 280 mailed by the Department of Education to the provider of 281 supported employment services, and the student or parent shall 282 restrictively endorse the warrant to the provider of supported 283 employment services for deposit into the account of that 284 provider. 285 (9) Subsequent to each scholarship payment, the Department 286 of Education shall request from the Department of Financial 287 Services a sample of endorsed warrants to review and confirm 288 compliance with endorsement requirements. 289 Section 4. Subsections (13), (22), (23), and (24) of 290 section 1007.271, Florida Statutes, are amended, and subsection 291 (25) is added to the section, to read: 292 1007.271 Dual enrollment programs.— 293 (13)(a) The dual enrollment program for a home education 294 student, including, but not limited to, students with 295 disabilities, consists of the enrollment of an eligible home 296 education secondary student in a postsecondary course creditable 297 toward an associate degree, a career certificate, or a 298 baccalaureate degree. To participate in the dual enrollment 299 program, an eligible home education secondary student must: 300 1. Provide proof of enrollment in a home education program 301 pursuant to s. 1002.41. 302 2. Be responsible for his or her own instructional 303 materials and transportation unless provided for in the 304 articulation agreementotherwise. 305 3. Sign a home education articulation agreement pursuant to 306 paragraph (b). 307 (b) Each postsecondary institution eligible to participate 308 in the dual enrollment program pursuant to s. 1011.62(1)(i) must 309shallenter into a home education articulation agreement with 310 each home education student seeking enrollment in a dual 311 enrollment course and the student’s parent. By August 1 of each 312 year, the eligible postsecondary institution shall complete and 313 submit the home education articulation agreement to the 314 Department of Education. The home education articulation 315 agreement mustshallinclude, at a minimum: 316 1. A delineation of courses and programs available to 317 dually enrolled home education students. Courses and programs 318 may be added, revised, or deleted at any time by the 319 postsecondary institution. 320 2. The initial and continued eligibility requirements for 321 home education student participation, not to exceed those 322 required of other dually enrolled students. 323 3. The student’s responsibilities for providing his or her 324 own instructional materials and transportation. 325 4. A copy of the statement on transfer guarantees developed 326 by the Department of Education under subsection (15). 327 (22) The Department of Education shall develop an 328 electronic submission system for dual enrollment articulation 329 agreements and shall review, for compliance, each dual 330 enrollment articulation agreement submitted pursuant to 331 subsections (13),subsection(21), and (24). The Commissioner of 332 Education shall notify the district school superintendent and 333 the Florida College System institution president if the dual 334 enrollment articulation agreement does not comply with statutory 335 requirements and shall submit any dual enrollment articulation 336 agreement with unresolved issues of noncompliance to the State 337 Board of Education. 338 (23) District school boards and Florida College System 339 institutions may enter into additional dual enrollment 340 articulation agreements with state universities for the purposes 341 of this section. School districts may also enter into dual 342 enrollment articulation agreements with eligible independent 343 colleges and universities pursuant to s. 1011.62(1)(i). By 344 August 1 of each year, the district school board and the Florida 345 College System institution shall complete and submit the dual 346 enrollment articulation agreement with the state university or 347 an eligible independent college or university, as applicable, to 348 the Department of Education. 349 (24)(a) The dual enrollment program for a private school 350 student consists of the enrollment of an eligible private school 351 student in a postsecondary course creditable toward an associate 352 degree, a career certificate, or a baccalaureate degree. In 353 addition, a private school in which a student, including, but 354 not limited to, students with disabilities, is enrolled must 355 award credit toward high school completion for the postsecondary 356 course under the dual enrollment program. To participate in the 357 dual enrollment program, an eligible private school student 358 must: 359 1. Provide proof of enrollment in a private school pursuant 360 to subsection (2). 361 2. Be responsible for his or her own instructional 362 materials and transportation unless provided for in the 363 articulation agreement. 364 3. Sign a private school articulation agreement pursuant to 365 paragraph (b). 366 (b) Each postsecondary institution eligible to participate 367 in the dual enrollment program pursuant to s. 1011.62(1)(i) must 368 enter into a private school articulation agreement with each 369 eligible private school in its geographic service area seeking 370 to offer dual enrollment courses to its students, including, but 371 not limited to, students with disabilities. By August 1 of each 372 year, the eligible postsecondary institution shall complete and 373 submit the private school articulation agreement to the 374 Department of Education. The private school articulation 375 agreement must include, at a minimum: 376 1. A delineation of courses and programs available to the 377 private school student. The postsecondary institution may add, 378 revise, or delete courses and programs at any time. 379 2. The initial and continued eligibility requirements for 380 private school student participation, not to exceed those 381 required of other dual enrollment students. 382 3. The student's responsibilities for providing his or her 383 own instructional materials and transportation. 384 4. A provision clarifying that the private school will 385 award appropriate credit toward high school completion for the 386 postsecondary course under the dual enrollment program. 387 5. A provision expressing that costs associated with 388 tuition and fees, including registration, and laboratory fees, 389 will not be passed along to the student. 390 6. A provision stating whether the private school will 391 compensate the postsecondary institution for the standard 392 tuition rate per credit hour for each dual enrollment course 393 taken by its studentsPostsecondary institutions may enter into394dual enrollment articulation agreements with private secondary395schools pursuant to subsection (2). 396 (25) For students with disabilities, a postsecondary 397 institution eligible to participate in dual enrollment pursuant 398 to s. 1011.62(1)(i) shall include in its dual enrollment 399 articulation agreement, services and resources that are 400 available to students with disabilities who register in a dual 401 enrollment course at the eligible institution and provide 402 information regarding such services and resources to the Florida 403 Center for Students with Unique Abilities. The Department of 404 Education shall provide to the center the Internet website link 405 to dual enrollment articulation agreements specific to students 406 with disabilities. The center shall include in the information 407 that it is responsible for disseminating to students with 408 disabilities and their parents pursuant to s. 1004.6495, dual 409 enrollment articulation agreements and opportunities for 410 meaningful campus experience through dual enrollment. 411 Section 5. Subsection (4) of section 1011.61, Florida 412 Statutes, is amended to read: 413 1011.61 Definitions.—Notwithstanding the provisions of s. 414 1000.21, the following terms are defined as follows for the 415 purposes of the Florida Education Finance Program: 416 (4) The maximum value for funding a student in kindergarten 417 through grade 12 or in a prekindergarten program for exceptional 418 children as provided in s. 1003.21(1)(e) shall be the sum of the 419 calculations in paragraphs (a), (b), and (c) as calculated by 420 the department. 421 (a) The sum of the student’s full-time equivalent student 422 membership value for the school year or the equivalent derived 423 from paragraphs (1)(a) and (b), subparagraph (1)(c)1., sub 424 subparagraphs (1)(c)2.b. and c., subparagraph (1)(c)3., and 425 subsection (2). If the sum is greater than 1.0, the full-time 426 equivalent student membership value for each program or course 427 shall be reduced by an equal proportion so that the student’s 428 total full-time equivalent student membership value is equal to 429 1.0. 430 (b) If the result in paragraph (a) is less than 1.0 full 431 time equivalent student and the student has full-time equivalent 432 student enrollment pursuant to sub-sub-subparagraph 433 (1)(c)1.b.(VIII), calculate an amount that is the lesser of the 434 value in sub-sub-subparagraph (1)(c)1.b.(VIII) or the value of 435 1.0 less the value in paragraph (a). 436 (c) The full-time equivalent student enrollment value in 437 sub-subparagraph (1)(c)2.a. 438 439 A scholarship award provided to a student enrolled in the John 440 M. McKay Scholarships for Students with Disabilities Program 441 pursuant to s. 1002.39 is not subject to the maximum value for 442 funding a student under this subsection. 443 Section 6. Except as otherwise expressly provided in this 444 act, this act shall take effect July 1, 2016. 445 446 ================= T I T L E A M E N D M E N T ================ 447 And the title is amended as follows: 448 Delete everything before the enacting clause 449 and insert: 450 A bill to be entitled 451 An act relating to education programs for individuals 452 with disabilities; amending s. 1002.39, F.S.; 453 exempting a foster child from specified eligibility 454 provisions; providing that a student enrolled in a 455 transition-to-work program is eligible for a John M. 456 McKay Scholarship; creating a transition-to-work 457 program for specific students enrolled in the John M. 458 McKay Scholarships for Students with Disabilities 459 Program; providing program requirements; providing 460 participation requirements for schools, students, and 461 businesses; exempting a John M. McKay Scholarship 462 award from a specified funding calculation; amending 463 s. 1002.41, F.S.; authorizing a school district to 464 provide exceptional student education-related services 465 to certain home education program students; requiring 466 reporting and funding through the Florida Education 467 Finance Program; amending s. 1004.935, F.S.; deleting 468 the scheduled termination of the Adults with 469 Disabilities Workforce Education Pilot Program; 470 changing the name of the program to the “Adults with 471 Disabilities Workforce Education Program”; amending s. 472 1007.271, F.S.; requiring a home education secondary 473 student to be responsible for his or her own 474 instructional materials and transportation in order to 475 participate in the dual enrollment program unless the 476 articulation agreement provides otherwise; requiring a 477 postsecondary institution eligible to participate in 478 the dual enrollment program to enter into a home 479 education articulation agreement; requiring the 480 postsecondary institution to annually complete and 481 submit the agreement to the Department of Education by 482 a specified date; conforming provisions to changes 483 made by the act; requiring a district school board and 484 a Florida College System institution to annually 485 complete and submit to the department by a specified 486 date a dual enrollment articulation agreement with a 487 state university or an eligible independent college or 488 university, as applicable; providing requirements for 489 a private school student to participate in a dual 490 enrollment program; requiring a postsecondary 491 institution to annually complete and submit the 492 articulation agreement to the department by a 493 specified date; requiring specified information to be 494 included in dual enrollment articulation agreements 495 and disseminated to students with disabilities; 496 amending s. 1011.61, F.S.; exempting a John M. McKay 497 Scholarship award from a specified funding calculation 498 for purposes of the Florida Education Finance Program; 499 providing effective dates.