Senate Bill 1390c1

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    Florida Senate - 2000                           CS for SB 1390

    By the Committee on Education and Senators Mitchell, Horne and
    Dyer




    304-1844A-00

  1                      A bill to be entitled

  2         An act relating to education; amending s.

  3         236.025, F.S.; revising funding for exceptional

  4         student education programs; amending s.

  5         236.081, F.S.; revising funding for exceptional

  6         student education programs; amending s. 237.34,

  7         F.S.; revising reporting requirements for

  8         exceptional student education programs;

  9         providing an effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Section 236.025, Florida Statutes, is

14  amended to read:

15         236.025  Revised funding model for exceptional student

16  education programs.--

17         (1)  The revised funding model for exceptional student

18  education programs is designed to:  be better for students

19  than the existing funding system by encouraging school

20  districts and schools to identify and implement educationally

21  effective instructional delivery models; simplify funding by

22  utilizing three five weighted cost factors and a categorical

23  program; provide fiscal support for exceptional students in

24  general education classes; be outcome driven; and be revenue

25  neutral; and reduce the paperwork burden associated with state

26  funding. This funding model is designed to support both

27  traditional and new service delivery models along the

28  continuum of services required for exceptional students. It is

29  the intent of the Legislature, through the General

30  Appropriations Act, to minimize the fiscal impact on school

31  districts of the implementation of this funding model.

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    Florida Senate - 2000                           CS for SB 1390
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  1         (2)(a)  The revised funding model uses existing basic,

  2  at-risk, and vocational five Florida Education Finance Program

  3  cost factors, three exceptional eduction cost factors, and a

  4  categorical program for exceptional student education

  5  programs. Exceptional education cost factors are determined by

  6  using a matrix of services to document the services that each

  7  exceptional student will receive. The nature and intensity of

  8  the services indicated on the matrix shall be consistent with

  9  the services described in each exceptional student's

10  individual education plan.

11         (b)  In order to generate funds using one of the three

12  weighted cost factors, a matrix of services must be completed

13  at the time of the student's initial placement into an

14  exceptional student education program and at least once every

15  3 years least once each year by public school personnel who

16  have received approved training. Additionally, each time an

17  exceptional student's individual education plan, family

18  support plan, or education plan is reviewed, the matrix of

19  services must also be reviewed. Nothing listed in the matrix

20  shall be construed as limiting the services a school district

21  must provide in order to ensure that exceptional students are

22  provided a free, appropriate public education. ensure that

23  exceptional students are provided a free, appropriate public

24  education.

25         (c)  Students identified as exceptional, in accordance

26  with Chapter 6A-6, F.A.C., who do not have a matrix of

27  services as specified in paragraph (2)(b) shall generate funds

28  on the basis of full-time-equivalent student membership in the

29  Florida Education Finance Program at the same funding level

30  per student as provided for nonexceptional students.

31  Additional funds for these exceptional students will be

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    Florida Senate - 2000                           CS for SB 1390
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  1  provided through the categorical program designated in

  2  paragraph (3)(a).

  3         (3)(a)  For students identified as exceptional who do

  4  not have a matrix of services, there is created a categorical

  5  program to provide these students with a free appropriate

  6  public education, in accordance with s. 230.23(4)(m) and rules

  7  of the state board, which shall be allocated annually to each

  8  school district in the amount provided in the General

  9  Appropriations Act. These funds shall be in addition to the

10  funds appropriated on the basis of full-time-equivalent

11  student membership in the Florida Education Finance Program,

12  and the amount allocated for each school district shall not be

13  adjusted after the initial allocation. These funds shall be

14  used to provide the special education and related services to

15  exceptional students as identified in their individual

16  educational plans, family support plans, or educational plans.

17         (b)  It is the Legislature's intent that the

18  appropriation of funds for this categorical program be

19  reviewed annually to reflect appropriate increases based on

20  program growth and the costs of providing these services.

21         (4)(3)  The Department of Education shall revise its

22  monitoring systems for exceptional student education programs

23  to include a review of delivery of services as indicated on

24  the matrix of services.

25         (5)(4)  The Department of Education shall adopt

26  promulgate rules necessary to implement the revised funding

27  model.

28         (5)  The funding level in the 1997-1998 FEFP for

29  exceptional student education shall be guaranteed for 3 years

30  so that no district will have a financial uncertainty during

31  the initial implementation of the revised funding model.

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    Florida Senate - 2000                           CS for SB 1390
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  1         Section 2.  Paragraphs (c) and (d) of subsection (1) of

  2  section 236.081, Florida Statutes, are amended to read:

  3         236.081  Funds for operation of schools.--If the annual

  4  allocation from the Florida Education Finance Program to each

  5  district for operation of schools is not determined in the

  6  annual appropriations act or the substantive bill implementing

  7  the annual appropriations act, it shall be determined as

  8  follows:

  9         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR

10  OPERATION.--The following procedure shall be followed in

11  determining the annual allocation to each district for

12  operation:

13         (c)  Determination of programs.--Cost factors based on

14  desired relative cost differences between the following

15  programs shall be established in the annual General

16  Appropriations Act. The Commissioner of Education shall

17  specify a matrix of services and intensity levels to be used

18  by districts in the determination of the three weighted cost

19  factors for exceptional students with the highest levels of

20  need. For these students, the funding support level shall fund

21  the exceptional students' education program, with the

22  exception of extended school year services for students with

23  disabilities. funding support for each exceptional student.

24  The funding support level for each exceptional student shall

25  fund the exceptional student's total education program.

26         1.  Basic programs.--

27         a.  Kindergarten and grades 1, 2, and 3.

28         b.  Grades 4, 5, 6, 7, and 8.

29         c.  Grades 9, 10, 11, and 12.

30         2.  Programs for exceptional students.--

31         a.  Support Level I.

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    Florida Senate - 2000                           CS for SB 1390
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  1         b.  Support Level II.

  2         a.c.  Support Level III.

  3         b.d.  Support Level IV.

  4         c.e.  Support Level V.

  5         3.  Secondary career education programs.--

  6         4.  Students-at-risk programs.--

  7         a.  Dropout prevention and teenage parents.

  8         4.b.  English for Speakers of Other Languages.--

  9         (d)  Annual allocation calculation.--

10         1.  The Department of Education is authorized and

11  directed to review all district programs and enrollment

12  projections and calculate a maximum total weighted full-time

13  equivalent student enrollment for each district for the K-12

14  FEFP.

15         2.  Maximum enrollments calculated by the department

16  shall be derived from enrollment estimates used by the

17  Legislature to calculate the FEFP.  If two or more districts

18  enter into an agreement under the provisions of s.

19  230.23(4)(d), after the final enrollment estimate is agreed

20  upon, the amount of FTE specified in the agreement, not to

21  exceed the estimate for the specific program as identified in

22  paragraph (c), may be transferred from the participating

23  districts to the district providing the program.

24         3.  As part of its calculation of each district's

25  maximum total weighted full-time equivalent student

26  enrollment, the department shall establish separate enrollment

27  ceilings for each of two program groups. Group 1 shall be

28  composed of grades K-3, grades 4-8, and grades 9-12, and

29  programs for exceptional students. Group 2 shall be composed

30  of students in at-risk exceptional student education programs,

31  students-at-risk programs, all basic programs other than the

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    Florida Senate - 2000                           CS for SB 1390
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  1  programs in group 1, and all vocational programs in grades

  2  7-12.

  3         a.  The weighted enrollment ceiling for group 2

  4  programs shall be calculated by multiplying the final

  5  enrollment conference estimate for each program by the

  6  appropriate program weight.  The weighted enrollment ceiling

  7  for program group 2 shall be the sum of the weighted

  8  enrollment ceilings for each program in the program group,

  9  plus the increase in weighted full-time equivalent student

10  membership from the prior year for clients of the Department

11  of Children and Family Services and the Department of Juvenile

12  Justice.

13         b.  If, for any calculation of the FEFP, the weighted

14  enrollment for program group 2, derived by multiplying actual

15  enrollments by appropriate program weights, exceeds the

16  enrollment ceiling for that group, the following procedure

17  shall be followed to reduce the weighted enrollment for that

18  group to equal the enrollment ceiling:

19         (I)  The weighted enrollment ceiling for each program

20  in the program group shall be subtracted from the weighted

21  enrollment for that program derived from actual enrollments.

22         (II)  If the difference calculated under

23  sub-sub-subparagraph (I) is greater than zero for any program,

24  a reduction proportion shall be computed for the program by

25  dividing the absolute value of the difference by the total

26  amount by which the weighted enrollment for the program group

27  exceeds the weighted enrollment ceiling for the program group.

28         (III)  The reduction proportion calculated under

29  sub-sub-subparagraph (II) shall be multiplied by the total

30  amount of the program group's enrollment over the ceiling as

31  calculated under sub-sub-subparagraph (I).

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    Florida Senate - 2000                           CS for SB 1390
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  1         (IV)  The prorated reduction amount calculated under

  2  sub-sub-subparagraph (III) shall be subtracted from the

  3  program's weighted enrollment.  For any calculation of the

  4  FEFP, the enrollment ceiling for group 1 shall be calculated

  5  by multiplying the actual enrollment for each program in the

  6  program group by its appropriate program weight.

  7         c.  For program group 2, the weighted enrollment

  8  ceiling shall be a number not less than the sum obtained by:

  9         (I)  Multiplying the sum of reported FTE for all

10  programs in the program group that have a cost factor of 1.0

11  or more by 1.0, and

12         (II)  By adding this number to the sum obtained by

13  multiplying the projected FTE for all programs with a cost

14  factor less than 1.0 by the actual cost factor.

15         4.  Following completion of the weighted enrollment

16  ceiling calculation as provided in subparagraph 3., a

17  supplemental capping calculation shall be employed for those

18  districts that are over their weighted enrollment ceiling. For

19  each such district, the total reported unweighted FTE

20  enrollment for group 2 programs shall be compared with the

21  total appropriated unweighted FTE enrollment for group 2

22  programs. If the total reported unweighted FTE for group 2 is

23  greater than the appropriated unweighted FTE, then the excess

24  unweighted FTE up to the unweighted FTE transferred from group

25  2 to group 1 for each district by the Public School FTE

26  Estimating Conference shall be funded at a weight of 1.0 and

27  added to the funded weighted FTE computed in subparagraph 3.

28  This adjustment shall be calculated beginning with the third

29  calculation of the 1998-1999 FEFP.

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    Florida Senate - 2000                           CS for SB 1390
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  1         Section 3.  Paragraph (b) of subsection (2) and

  2  paragraph (a) of subsection (3) of section 237.34, Florida

  3  Statutes, are amended to read:

  4         237.34  Cost accounting and reporting.--

  5         (2)  COST REPORTING.--

  6         (b)  Each district shall report on a school-by-school

  7  and on an aggregate district basis expenditures for each

  8  program funded in s. 236.081(1)(c), except that programs for

  9  exceptional students in support levels III, IV, and V shall be

10  reported on an aggregate basis.

11         (3)  PROGRAM EXPENDITURE REQUIREMENTS.--

12         (a)  Each district shall expend at least the percent of

13  the funds generated by each of the programs listed herein on

14  the aggregate total school costs for such programs:

15         1.  Kindergarten and grades 1, 2, and 3, 90 percent.

16         2.  Grades 4, 5, 6, 7, and 8, 80 percent.

17         3.  Grades 9, 10, 11, and 12, 80 percent.

18         4.  Programs for exceptional students, on an aggregate

19  program basis, 90 80 percent.

20         5.  Grades 7 through 12 vocational education programs,

21  on an aggregate program basis, 80 percent.

22         6.  Students-at-risk programs, on an aggregate program

23  basis, 80 percent.

24         7.  Juvenile justice programs, on an aggregate program

25  basis, 80 percent.

26         8.  Any new program established and funded under s.

27  236.081(1)(c), that is not included under subparagraphs 1.

28  through 6., on an aggregate basis as appropriate, 80 percent.

29         Section 4.  This act shall take effect upon becoming a

30  law.

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    Florida Senate - 2000                           CS for SB 1390
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1390

  3

  4  The committee substitute differs from SB 1390 in the following
    ways:
  5
    The committee substitute does not create a state
  6  reports-control and forms-control management system committee.

  7  The number of weighted cost factors for exceptional student
    education is decreased from five factors to three factors.
  8  The three cost factors serve students with the highest level
    of need.
  9
    A categorical program is created to serve students with the
10  lowest level of need.

11  The percentage of program funds a district is required to
    spend on programs for exceptional students on an aggregate
12  program basis is increased from 80 percent to 90 percent.

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