The Florida Senate

¹236.025  Revised funding model for exceptional student education programs.--

(1)  The revised funding model for exceptional student education programs is designed to: be better for students than the existing funding system by encouraging school districts and schools to identify and implement educationally effective instructional delivery models; simplify funding by utilizing two weighted cost factors and a guaranteed allocation; provide fiscal support for exceptional students in general education classes; be outcome driven; be revenue neutral; and reduce the paperwork burden associated with state funding. This funding model is designed to support both traditional and new service delivery models along the continuum of services required for exceptional students. It is the intent of the Legislature, through the General Appropriations Act, to minimize the fiscal impact on school districts of the implementation of this funding model.

¹(2)(a)  The revised funding model uses existing basic, at-risk, English for Speakers of Other Languages, and vocational Florida Education Finance Program cost factors, two exceptional education cost factors, and a guaranteed allocation for exceptional student education programs. Exceptional education cost factors are determined by using a matrix of services to document the services that each exceptional student will receive. The nature and intensity of the services indicated on the matrix shall be consistent with the services described in each exceptional student's individual education plan.

(b)  In order to generate funds using one of the two weighted cost factors, a matrix of services must be completed at the time of the student's initial placement into an exceptional student education program and at least once every 3 years by personnel who have received approved training. Nothing listed in the matrix shall be construed as limiting the services a school district must provide in order to ensure that exceptional students are provided a free, appropriate public education.

(c)  Students identified as exceptional, in accordance with chapter 6A-6, Florida Administrative Code, who do not have a matrix of services as specified in paragraph (b) shall generate funds on the basis of full-time-equivalent student membership in the Florida Education Finance Program at the same funding level per student as provided for basic students. Additional funds for these exceptional students will be provided through the guaranteed allocation designated in subsection (3).

(3)  For students identified as exceptional who do not have a matrix of services, there is created a guaranteed allocation to provide these students with a free appropriate public education, in accordance with s. 230.23(4)(m) and rules of the state board, which shall be allocated annually to each school district in the amount provided in the General Appropriations Act. These funds shall be in addition to the funds appropriated on the basis of full-time-equivalent student membership in the Florida Education Finance Program, and the amount allocated for each school district shall not be recalculated during the year. These funds shall be used to provide special education and related services for exceptional students.

(4)  The Department of Education shall revise its monitoring systems for exceptional student education programs to include a review of delivery of services as indicated on the matrix of services.

(5)  The Department of Education shall adopt rules necessary to implement the revised funding model.

History.--s. 41, ch. 97-307; ss. 5, 6, 66, ch. 2000-171; s. 3, ch. 2000-181.

¹Note.--

A.  Section 5, ch. 2000-171, amended s. 236.025 "[i]n order to implement Specific Appropriation 78 of the 2000-2001 General Appropriations Act."

B.  Section 66, ch. 2000-171, provides that "[i]f any other act passed during the 2000 Regular Session of the Legislature or any extension thereof contains a provision that is substantively the same as a provision in this act, but that removes or is otherwise not subject to the future repeal applied to such provision by this act, the Legislature intends that the provision in the other act shall take precedence and shall continue to operate, notwithstanding the future repeal provided by this act."

C.  Section 6, ch. 2000-171, provides that "[t]he amendment of section 236.025, Florida Statutes, by this act shall expire on July 1, 2001, and the text of said section shall revert to that in existence on June 30, 2000, except that any amendments to such text enacted other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of said text which expire pursuant to the provisions of this act. The Division of Statutory Revision of the Office of Legislative Services shall include in an appropriate reviser's bill any amendments to said section which are necessary to give effect to the legislative intent expressed in this section." The amendments by s. 5, ch. 2000-171, and s. 3, ch. 2000-181, are substantially the same; the only substantive difference in the two versions is in paragraph (2)(a). As amended by s. 3, ch. 2000-181, paragraph (2)(a), effective July 1, 2001, will read:

(2)(a)  The revised funding model uses existing basic, at-risk, and vocational Florida Education Finance Program cost factors, two exceptional education cost factors, and a guaranteed allocation for exceptional student education programs. Exceptional education cost factors are determined by using a matrix of services to document the services that each exceptional student will receive. The nature and intensity of the services indicated on the matrix shall be consistent with the services described in each exceptional student's individual education plan.