Florida Senate - 2011 (Corrected Copy) SB 1254 By Senator Wise 5-00141G-11 20111254__ 1 A bill to be entitled 2 An act relating to auditory-oral education programs; 3 providing a short title; amending s. 1002.20, F.S.; 4 revising provisions relating to public school choice 5 options for parents of public school students to 6 include auditory-oral education programs; creating s. 7 1002.391, F.S; providing definitions; providing that a 8 parent of a child who is deaf or hard of hearing may 9 enroll the child in an auditory-oral education program 10 at a school accredited by OPTION Schools, Inc., or at 11 a school in which the supervisor and the majority of 12 faculty are certified as Listening and Spoken Language 13 Specialists by the Alexander Graham Bell Academy for 14 Listening and Spoken Language; providing that the 15 child may continue attending the school and complete 16 the development of listening and spoken language 17 skills if specified criteria are met; requiring that 18 the level of services be determined by the individual 19 educational plan team or individualized family support 20 plan team; providing that a child is no longer 21 eligible under certain circumstances; amending s. 22 1011.62, F.S.; revising provisions relating to the 23 funding model for exceptional student education 24 programs to require the Department of Education to 25 review and revise the descriptions of services and 26 supports in the matrix of services used to determine 27 exceptional education cost factors; providing an 28 effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. This act may be cited as the “Auditory Oral 33 Education Act.” 34 Section 2. Paragraph (a) of subsection (6) of section 35 1002.20, Florida Statutes, is amended to read: 36 1002.20 K-12 student and parent rights.—Parents of public 37 school students must receive accurate and timely information 38 regarding their child’s academic progress and must be informed 39 of ways they can help their child to succeed in school. K-12 40 students and their parents are afforded numerous statutory 41 rights including, but not limited to, the following: 42 (6) EDUCATIONAL CHOICE.— 43 (a) Public school choices.—Parents of public school 44 students may seek whatever public school choice options that are 45 applicable to their students and are available to students in 46 their school districts. These options may include controlled 47 open enrollment, single-gender programs, lab schools, school 48 district virtual instruction programs, charter schools, charter 49 technical career centers, magnet schools, alternative schools, 50 special programs, auditory-oral education programs, advanced 51 placement, dual enrollment, International Baccalaureate, 52 International General Certificate of Secondary Education (pre 53 AICE), Advanced International Certificate of Education, early 54 admissions, credit by examination or demonstration of 55 competency, the New World School of the Arts, the Florida School 56 for the Deaf and the Blind, and the Florida Virtual School. 57 These options may also include the public school choice options 58 of the Opportunity Scholarship Program and the McKay 59 Scholarships for Students with Disabilities Program. 60 Section 3. Section 1002.391, Florida Statutes, is created 61 to read: 62 1002.391 Auditory-oral education programs.— 63 (1) As used in this section, the term: 64 (a) “Auditory-oral education program” means a program that 65 develops and relies solely on listening skills and uses an 66 implant or assistive hearing device for the purpose of relying 67 on speech and spoken language skills as the method of 68 communication. 69 (b) “Deaf or hard of hearing” means aided or unaided 70 hearing loss that impacts the processing of linguistic 71 information and adversely affects performance in the educational 72 environment. The degree of loss may range from mild to profound 73 in accordance with the criteria established by rule of the State 74 Board of Education. 75 (c) “School” means a public or private school located in 76 this state which meets the following requirements: 77 1. Is accredited by OPTION Schools, Inc., to teach children 78 who have obtained an implant or assistive hearing device; or 79 2. Has a supervisor and a majority of the faculty who 80 provide direct services to children and who are certified by the 81 Alexander Graham Bell Academy for Listening and Spoken Language 82 as Listening and Spoken Language Specialists. 83 (2)(a) The parent of a child who meets the requirements in 84 paragraph (b) may enroll the child in an auditory-oral education 85 program at a school of choice under s. 1002.20. 86 (b) Any child who is deaf or hard of hearing and who 87 enrolls in an auditory-oral education program at a school, as 88 defined in this section, may continue attending the school and 89 complete the development of listening and spoken language skills 90 at the school if the child: 91 1. Has received an implant or assistive hearing device; 92 2.a. Is between the ages of 3 and 7 years; or 93 b. Is between the ages of 2 and 7 years when the school 94 district elects to serve children with disabilities who are 95 under the age of 3 years; and 96 3. Is a resident of the state. 97 (3) The level of services shall be determined by the 98 individual educational plan team or individualized family 99 support plan team, which includes the child’s parent in 100 accordance with the rules of the State Board of Education. A 101 child is eligible for services under this section until the end 102 of the school year in which he or she reaches the age of 7 years 103 or after grade 2, whichever comes first. 104 Section 4. Paragraph (e) of subsection (1) of section 105 1011.62, Florida Statutes, is amended to read: 106 1011.62 Funds for operation of schools.—If the annual 107 allocation from the Florida Education Finance Program to each 108 district for operation of schools is not determined in the 109 annual appropriations act or the substantive bill implementing 110 the annual appropriations act, it shall be determined as 111 follows: 112 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 113 OPERATION.—The following procedure shall be followed in 114 determining the annual allocation to each district for 115 operation: 116 (e) Funding model for exceptional student education 117 programs.— 118 1.a. The funding model uses basic, at-risk, support levels 119 IV and V for exceptional students and career Florida Education 120 Finance Program cost factors, and a guaranteed allocation for 121 exceptional student education programs. Exceptional education 122 cost factors are determined by using a matrix of services to 123 document the services that each exceptional student will 124 receive. The nature and intensity of the services indicated on 125 the matrix shall be consistent with the services described in 126 each exceptional student’s individual educational plan. The 127 Department of Education shall review and revise the descriptions 128 of the services and supports included in the matrix of services 129 for exceptional students and shall implement those revisions 130 before the beginning of the 2011-2012 school year. 131 b. In order to generate funds using one of the two weighted 132 cost factors, a matrix of services must be completed at the time 133 of the student’s initial placement into an exceptional student 134 education program and at least once every 3 years by personnel 135 who have received approved training. Nothing listed in the 136 matrix shall be construed as limiting the services a school 137 district must provide in order to ensure that exceptional 138 students are provided a free, appropriate public education. 139 c. Students identified as exceptional, in accordance with 140 chapter 6A-6, Florida Administrative Code, who do not have a 141 matrix of services as specified in sub-subparagraph b. shall 142 generate funds on the basis of full-time-equivalent student 143 membership in the Florida Education Finance Program at the same 144 funding level per student as provided for basic students. 145 Additional funds for these exceptional students will be provided 146 through the guaranteed allocation designated in subparagraph 2. 147 2. For students identified as exceptional who do not have a 148 matrix of services and students who are gifted in grades K 149 through 8, there is created a guaranteed allocation to provide 150 these students with a free appropriate public education, in 151 accordance with s. 1001.42(4)(m) and rules of the State Board of 152 Education, which shall be allocated annually to each school 153 district in the amount provided in the General Appropriations 154 Act. These funds shall be in addition to the funds appropriated 155 on the basis of FTE student membership in the Florida Education 156 Finance Program, and the amount allocated for each school 157 district shall not be recalculated during the year. These funds 158 shall be used to provide special education and related services 159 for exceptional students and students who are gifted in grades K 160 through 8. Beginning with the 2007-2008 fiscal year, a 161 district’s expenditure of funds from the guaranteed allocation 162 for students in grades 9 through 12 who are gifted may not be 163 greater than the amount expended during the 2006-2007 fiscal 164 year for gifted students in grades 9 through 12. 165 Section 5. This act shall take effect July 1, 2011.