Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for HB 837
       
       
       
       
       
       
                                Ì495394KÎ495394                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .         Floor: SENAT/C         
             03/08/2016 10:50 AM       .      03/09/2016 02:54 PM       
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       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 receive Testing 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 Education Pilot
  184  Program.—
  185         (1) The Adults with Disabilities Workforce Education Pilot
  186  Program is established in the Department of Education through
  187  June 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 the pilot program 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 the pilot program
  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 the pilot program.
  243         (6)(a) If the student chooses to participate in the pilot
  244  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 the pilot
  248  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 the pilot program,
  277  and subsequent payments shall be made upon verification of
  278  continued participation in the pilot program. 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 agreement otherwise.
  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
  309  shall enter 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 must shall include, 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 students Postsecondary institutions may enter into
  394  dual enrollment articulation agreements with private secondary
  395  schools 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.