CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

    dhs-21                                      Bill No. CS/HB 701

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

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10                                                                

11  Representative(s) Wise offered the following:

12

13         Amendment (with title amendment) 

14         On page 6, between lines 20 and 21, of the bill

15

16  insert:

17         Section 3.  Section 236.025, Florida Statutes, is

18  amended to read:

19         236.025  Revised funding model for exceptional student

20  education programs.--

21         (1)  The revised funding model for exceptional student

22  education programs is designed to:  be better for students

23  than the existing funding system by encouraging school

24  districts and schools to identify and implement educationally

25  effective instructional delivery models; simplify funding by

26  utilizing two five weighted cost factors and a guaranteed

27  allocation; provide fiscal support for exceptional students in

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

29  neutral; and reduce the paperwork burden associated with state

30  funding. This funding model is designed to support both

31  traditional and new service delivery models along the

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                                                   HOUSE AMENDMENT

    dhs-21                                      Bill No. CS/HB 701

    Amendment No.     (for drafter's use only)





 1  continuum of services required for exceptional students. It is

 2  the intent of the Legislature, through the General

 3  Appropriations Act, to minimize the fiscal impact on school

 4  districts of the implementation of this funding model.

 5         (2)(a)  The revised funding model uses existing basic,

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

 7  cost factors, two exceptional education cost factors, and a

 8  guaranteed allocation for exceptional student education

 9  programs. Exceptional education cost factors are determined by

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

11  exceptional student will receive. The nature and intensity of

12  the services indicated on the matrix shall be consistent with

13  the services described in each exceptional student's

14  individual education plan.

15         (b)  In order to generate funds using one of the two

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

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

18  exceptional student education program and at least once every

19  3 years least once each year by public school personnel who

20  have received approved training. Additionally, each time an

21  exceptional student's individual education plan, family

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

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

24  shall be construed as limiting the services a school district

25  must provide in order to ensure that exceptional students are

26  provided a free, appropriate public education.

27         (c)  Students identified as exceptional, in accordance

28  with chapter 6A-6, Florida Administrative Code, who do not

29  have a matrix of services as specified in paragraph (b) shall

30  generate funds on the basis of full-time-equivalent student

31  membership in the Florida Education Finance Program at the

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                                                   HOUSE AMENDMENT

    dhs-21                                      Bill No. CS/HB 701

    Amendment No.     (for drafter's use only)





 1  same funding level per student as provided for basic students.

 2  Additional funds for these exceptional students will be

 3  provided through the guaranteed allocation designated in

 4  subsection (3).

 5         (3)  For students identified as exceptional who do not

 6  have a matrix of services, there is created a guaranteed

 7  allocation to provide these students with a free appropriate

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

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

10  school district in the amount provided in the General

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

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

13  student membership in the Florida Education Finance Program,

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

15  recalculated during the year. These funds shall be used to

16  provide special education and related services for exceptional

17  students.

18         (4)(3)  The Department of Education shall revise its

19  monitoring systems for exceptional student education programs

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

21  the matrix of services.

22         (5)(4)  The Department of Education shall adopt

23  promulgate rules necessary to implement the revised funding

24  model.

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

26  exceptional student education shall be guaranteed for 3 years

27  so that no district will have a financial uncertainty during

28  the initial implementation of the revised funding model.

29         Section 4.  Paragraphs (c) and (d) of subsection (1) of

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

31         236.081  Funds for operation of schools.--If the annual

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                                                   HOUSE AMENDMENT

    dhs-21                                      Bill No. CS/HB 701

    Amendment No.     (for drafter's use only)





 1  allocation from the Florida Education Finance Program to each

 2  district for operation of schools is not determined in the

 3  annual appropriations act or the substantive bill implementing

 4  the annual appropriations act, it shall be determined as

 5  follows:

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

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

 8  determining the annual allocation to each district for

 9  operation:

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

11  desired relative cost differences between the following

12  programs shall be established in the annual General

13  Appropriations Act. The Commissioner of Education shall

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

15  by districts in the determination of the two weighted cost

16  factors for exceptional students with the highest levels of

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

18  the exceptional students' education program, with the

19  exception of extended school year services for students with

20  disabilities. funding support for each exceptional student.

21  The funding support level for each exceptional student shall

22  fund the exceptional student's total education program.

23         1.  Basic programs.--

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

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

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

27         2.  Programs for exceptional students.--

28         a.  Support Level I.

29         b.  Support Level II.

30         c.  Support Level III.

31         a.d.  Support Level IV.

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                                                   HOUSE AMENDMENT

    dhs-21                                      Bill No. CS/HB 701

    Amendment No.     (for drafter's use only)





 1         b.e.  Support Level V.

 2         3.  Secondary career education programs.--

 3         4.  Students-at-risk programs.--

 4         a.  Dropout prevention and teenage parents.

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

 6         (d)  Annual allocation calculation.--

 7         1.  The Department of Education is authorized and

 8  directed to review all district programs and enrollment

 9  projections and calculate a maximum total weighted full-time

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

11  FEFP.

12         2.  Maximum enrollments calculated by the department

13  shall be derived from enrollment estimates used by the

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

15  enter into an agreement under the provisions of s.

16  230.23(4)(d), after the final enrollment estimate is agreed

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

18  exceed the estimate for the specific program as identified in

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

20  districts to the district providing the program.

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

22  maximum total weighted full-time equivalent student

23  enrollment, the department shall establish separate enrollment

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

25  composed of grades K-3, grades 4-8, and grades 9-12. Group 2

26  shall be composed of students in exceptional student education

27  programs, English for Speakers of Other Languages

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

29  programs in group 1, and all vocational programs in grades

30  7-12.

31         a.  The weighted enrollment ceiling for group 2

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                                                   HOUSE AMENDMENT

    dhs-21                                      Bill No. CS/HB 701

    Amendment No.     (for drafter's use only)





 1  programs shall be calculated by multiplying the final

 2  enrollment conference estimate for each program by the

 3  appropriate program weight.  The weighted enrollment ceiling

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

 5  enrollment ceilings for each program in the program group,

 6  plus the increase in weighted full-time equivalent student

 7  membership from the prior year for clients of the Department

 8  of Children and Family Services and the Department of Juvenile

 9  Justice.

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

11  enrollment for program group 2, derived by multiplying actual

12  enrollments by appropriate program weights, exceeds the

13  enrollment ceiling for that group, the following procedure

14  shall be followed to reduce the weighted enrollment for that

15  group to equal the enrollment ceiling:

16         (I)  The weighted enrollment ceiling for each program

17  in the program group shall be subtracted from the weighted

18  enrollment for that program derived from actual enrollments.

19         (II)  If the difference calculated under

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

21  a reduction proportion shall be computed for the program by

22  dividing the absolute value of the difference by the total

23  amount by which the weighted enrollment for the program group

24  exceeds the weighted enrollment ceiling for the program group.

25         (III)  The reduction proportion calculated under

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

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

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

29         (IV)  The prorated reduction amount calculated under

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

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

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                                                   HOUSE AMENDMENT

    dhs-21                                      Bill No. CS/HB 701

    Amendment No.     (for drafter's use only)





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

 2  by multiplying the actual enrollment for each program in the

 3  program group by its appropriate program weight.

 4         c.  For program group 2, the weighted enrollment

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

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

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

 8  or more by 1.0, and

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

10  multiplying the projected FTE for all programs with a cost

11  factor less than 1.0 by the actual cost factor.

12         4.  Following completion of the weighted enrollment

13  ceiling calculation as provided in subparagraph 3., a

14  supplemental capping calculation shall be employed for those

15  districts that are over their weighted enrollment ceiling. For

16  each such district, the total reported unweighted FTE

17  enrollment for group 2 programs shall be compared with the

18  total appropriated unweighted FTE enrollment for group 2

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

20  greater than the appropriated unweighted FTE, then the excess

21  unweighted FTE up to the unweighted FTE transferred from group

22  2 to group 1 for each district by the Public School FTE

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

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

25  This adjustment shall be calculated beginning with the third

26  calculation of the 1998-1999 FEFP.

27         Section 5.  Paragraph (b) of subsection (2) and

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

29  Statutes, are amended to read:

30         237.34  Cost accounting and reporting.--

31         (2)  COST REPORTING.--

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                                                   HOUSE AMENDMENT

    dhs-21                                      Bill No. CS/HB 701

    Amendment No.     (for drafter's use only)





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

 2  and on an aggregate district basis expenditures for each

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

 4  exceptional students shall be reported on an aggregate basis.

 5         (3)  PROGRAM EXPENDITURE REQUIREMENTS.--

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

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

 8  the aggregate total school costs for such programs:

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

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

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

12         4.  Programs for exceptional students, on an aggregate

13  program basis, 90 80 percent.

14         5.  Grades 7 through 12 vocational education programs,

15  on an aggregate program basis, 80 percent.

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

17  basis, 80 percent.

18         7.  Juvenile justice programs, on an aggregate program

19  basis, 80 percent.

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

21  236.081(1)(c), that is not included under subparagraphs 1.

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

23

24

25  ================ T I T L E   A M E N D M E N T ===============

26  And the title is amended as follows:

27         On page 1, line 26, after the second semicolon

28

29  insert:

30         amending s. 236.025, F.S.; revising funding for

31         exceptional student education programs;

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                                                   HOUSE AMENDMENT

    dhs-21                                      Bill No. CS/HB 701

    Amendment No.     (for drafter's use only)





 1         amending s. 236.081, F.S.; revising funding for

 2         exceptional student education programs;

 3         amending s. 237.34, F.S.; revising reporting

 4         requirements for exceptional student education

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