Florida Senate - 2010                                    SB 2746
       
       
       
       By Senator Gardiner
       
       
       
       
       9-00735-10                                            20102746__
    1                        A bill to be entitled                      
    2         An act relating to education programs for children
    3         with disabilities; amending s. 1002.39, F.S., relating
    4         to the John M. McKay Scholarships for Students with
    5         Disabilities Program; authorizing students who receive
    6         certain services under the Voluntary Prekindergarten
    7         Education Program to receive a John M. McKay
    8         Scholarship; conforming cross-references; amending s.
    9         1002.51, F.S.; revising definitions for the Voluntary
   10         Prekindergarten Education Program; amending s. 1002.53
   11         and creating s. 1002.66, F.S.; establishing a
   12         prekindergarten program option for children with
   13         disabilities; providing eligibility criteria for early
   14         intervention services; providing for the approval of
   15         early intervention service providers; authorizing the
   16         expenditure of funds for early intervention services;
   17         amending s. 1002.71, F.S.; authorizing a child
   18         participating in a prekindergarten program for
   19         children with disabilities to reenroll in another
   20         program option under certain conditions; amending s.
   21         1002.75, F.S.; revising the powers and duties of the
   22         Agency for Workforce Innovation for prekindergarten
   23         programs; providing an effective date.
   24  
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsection (2) and paragraphs (a), (c), and (d)
   28  of subsection (10) of section 1002.39, Florida Statutes, are
   29  amended to read:
   30         1002.39 The John M. McKay Scholarships for Students with
   31  Disabilities Program.—There is established a program that is
   32  separate and distinct from the Opportunity Scholarship Program
   33  and is named the John M. McKay Scholarships for Students with
   34  Disabilities Program.
   35         (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a
   36  public school student with a disability who is dissatisfied with
   37  the student’s progress may request and receive from the state a
   38  John M. McKay Scholarship for the child to enroll in and attend
   39  a private school in accordance with this section if:
   40         (a) The student has:
   41         1.Received early intervention services under the Voluntary
   42  Prekindergarten Education Program pursuant to s. 1002.66 during
   43  the previous school year, and the student has a current
   44  individual educational plan developed in accordance with rules
   45  of the State Board of Education; or
   46         2. Spent the prior school year in attendance at a Florida
   47  public school or the Florida School for the Deaf and the Blind.
   48  For purposes of this subparagraph, prior school year in
   49  attendance means that the student was:
   50         1. enrolled and reported by:
   51         a. A school district for funding during the preceding
   52  October and February Florida Education Finance Program surveys
   53  in kindergarten through grade 12, which includes shall include
   54  time spent in a Department of Juvenile Justice commitment
   55  program if funded under the Florida Education Finance Program;
   56         b.2.Enrolled and reported by The Florida School for the
   57  Deaf and the Blind during the preceding October and February
   58  student membership surveys in kindergarten through grade 12; or
   59         c.3.Enrolled and reported by A school district for funding
   60  during the preceding October and February Florida Education
   61  Finance Program surveys, was at least 4 years old when so
   62  enrolled and reported, and was eligible for services under s.
   63  1003.21(1)(e).
   64  
   65  However, a dependent child of a member of the United States
   66  Armed Forces who transfers to a school in this state from out of
   67  state or from a foreign country due to pursuant to a parent’s
   68  permanent change of station orders is exempt from this paragraph
   69  but must meet all other eligibility requirements to participate
   70  in the program.
   71         (b) The parent has obtained acceptance for admission of the
   72  student to a private school that is eligible for the program
   73  under subsection (8) and has requested from the department a
   74  scholarship at least 60 days before prior to the date of the
   75  first scholarship payment. The request must be communicated
   76  through a communication directly to the department in a manner
   77  that creates a written or electronic record of the request and
   78  the date of receipt of the request. The department of Education
   79  must notify the district of the parent’s intent upon receipt of
   80  the parent’s request.
   81         (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.—
   82         (a)1. The maximum scholarship granted for an eligible
   83  student with disabilities shall be a calculated amount
   84  equivalent to the base student allocation in the Florida
   85  Education Finance Program multiplied by the appropriate cost
   86  factor for the educational program that would have been provided
   87  for the student in the district school to which he or she was
   88  assigned, multiplied by the district cost differential.
   89         2. In addition, a share of the guaranteed allocation for
   90  exceptional students shall be determined and added to the
   91  calculated amount in subparagraph 1. The calculation shall be
   92  based on the methodology and the data used to calculate the
   93  guaranteed allocation for exceptional students for each district
   94  in chapter 2000-166, Laws of Florida. Except as provided in
   95  subparagraphs 3. and 4., the calculation shall be based on the
   96  student’s grade, matrix level of services, and the difference
   97  between the 2000-2001 basic program and the appropriate level of
   98  services cost factor, multiplied by the 2000-2001 base student
   99  allocation and the 2000-2001 district cost differential for the
  100  sending district. Also, The calculated amount shall include the
  101  per-student share of supplemental academic instruction funds,
  102  instructional materials funds, technology funds, and other
  103  categorical funds as provided for such purposes in the General
  104  Appropriations Act.
  105         3. The calculated scholarship amount for a student who is
  106  eligible under sub-subparagraph (2)(a)2.b. subparagraph (2)(a)2.
  107  shall be calculated as provided in subparagraphs 1. and 2.
  108  However, the calculation shall be based on the school district
  109  in which the parent resides at the time of the scholarship
  110  request.
  111         4. Until the school district completes the matrix required
  112  by paragraph (5)(b), the calculation shall be based on the
  113  matrix that assigns the student to support level I of service as
  114  it existed prior to the 2000-2001 school year. When the school
  115  district completes the matrix, the amount of the payment shall
  116  be adjusted as needed.
  117         (c)1. The school district shall report all students who are
  118  attending a private school under this program. The students with
  119  disabilities attending private schools on John M. McKay
  120  Scholarships shall be reported separately from other students
  121  reported for purposes of the Florida Education Finance Program.
  122         2. For program participants who are eligible under
  123  subparagraph (2)(a)2.b. subparagraph (2)(a)2., the school
  124  district that is used as the basis for the calculation of the
  125  scholarship amount as provided in subparagraph (a)3. shall:
  126         a. Report to the department all such students who are
  127  attending a private school under this program.
  128         b. Be held harmless for such students from the weighted
  129  enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.b.
  130  during the first school year in which the students are reported.
  131         (d) Following notification on July 1, September 1, December
  132  1, or February 1 of the number of program participants, the
  133  department shall transfer, from General Revenue funds only, the
  134  amount calculated under paragraph (b) from the school district’s
  135  total funding entitlement under the Florida Education Finance
  136  Program and from authorized categorical accounts to a separate
  137  account for the scholarship program for quarterly disbursement
  138  to the parents of participating students. Funds may not be
  139  transferred from any funding provided to the Florida School for
  140  the Deaf and the Blind for program participants who are eligible
  141  under sub-subparagraph (2)(a)2.b. subparagraph (2)(a)2. For a
  142  student exiting a Department of Juvenile Justice commitment
  143  program who chooses to participate in the scholarship program,
  144  the amount of the John M. McKay Scholarship calculated pursuant
  145  to paragraph (b) shall be transferred from the school district
  146  in which the student last attended a public school before prior
  147  to commitment to the Department of Juvenile Justice. When a
  148  student enters the scholarship program, the department must
  149  receive all documentation required for the student’s
  150  participation, including the private school’s and the student’s
  151  fee schedules, at least 30 days before the first quarterly
  152  scholarship payment is made for the student.
  153         Section 2.  Present subsections (2) through (5) of section
  154  1002.51, Florida Statutes, are renumbered as subsections (4)
  155  through (7), respectively, and new subsections (2) and (3) are
  156  added to that section, to read:
  157         1002.51 Definitions.—As used in this part, the term:
  158         (2)“Disability” means any disability listed in the
  159  definition of exceptional student in s. 1003.01.
  160         (3)“Early intervention service provider” means a provider
  161  delivering early intervention services under s. 1002.66.
  162         Section 3. Subsections (1) and (3) of section 1002.53,
  163  Florida Statutes, are amended to read:
  164         1002.53 Voluntary Prekindergarten Education Program;
  165  eligibility and enrollment.—
  166         (1) There is created the Voluntary Prekindergarten
  167  Education Program, which. The program shall take effect in each
  168  county at the beginning of the 2005-2006 school year and shall
  169  be organized, designed, and delivered in accordance with s. 1(b)
  170  and (c), Art. IX of the State Constitution.
  171         (3) The parent of each child eligible under subsection (2)
  172  may enroll the child in one of the following programs:
  173         (a) A school-year prekindergarten program delivered by a
  174  private prekindergarten provider under s. 1002.55;
  175         (b) A summer prekindergarten program delivered by a public
  176  school or private prekindergarten provider under s. 1002.61; or
  177         (c) A school-year prekindergarten program delivered by a
  178  public school; or
  179         (d)A prekindergarten program for children who have
  180  disabilities, if the child has a disability and is eligible for
  181  the program under s. 1002.66.
  182  
  183  Except as provided in s. 1002.71(4), a child may not enroll in
  184  more than one of these programs.
  185         Section 4. Section 1002.66, Florida Statutes, is created to
  186  read:
  187         1002.66Prekindergarten program for children with
  188  disabilities.—
  189         (1)Beginning with the 2012-2013 school year, a child who
  190  has a disability and enrolls with the early learning coalition
  191  under s. 1002.53(3)(d) is eligible for a prekindergarten program
  192  of early intervention services if:
  193         (a)The child is eligible for the Voluntary Prekindergarten
  194  Education Program under s. 1002.53.
  195         (b)A current individual educational plan has been
  196  developed for the child in accordance with rules of the State
  197  Board of Education.
  198         (2)The parent of a child who is eligible for the
  199  prekindergarten program for children with disabilities may
  200  select one or more early intervention services that the child’s
  201  individual educational plan indicates is appropriate for the
  202  child. These early intervention services may include, but are
  203  not limited to:
  204         (a)Applied behavior analysis.
  205         (b)Speech-language pathology.
  206         (c)Occupational therapy.
  207         (d)Physical therapy.
  208         (3)The early intervention services provided for a child
  209  under this section must be delivered according to professionally
  210  accepted standards and must, in accordance with the performance
  211  standards adopted by the department under s. 1002.67, address
  212  the age-appropriate progress of the child in the development of
  213  the capabilities, capacities, and skills required under s. 1(b),
  214  Art. IX of the State Constitution.
  215         (4)The department shall approve early intervention service
  216  providers whose services meet the standards in subsection (3),
  217  maintain a list of approved providers, and notify each school
  218  district and early learning coalition of the approved provider
  219  list. Upon the request of a child’s parent, the department may
  220  approve an early intervention service provider that is not on
  221  the approved list if the provider’s services meet the standards
  222  in subsection (3) and the child’s individual educational plan
  223  indicates that the services are appropriate for the child.
  224         (5)The coalition shall reimburse an approved early
  225  intervention service provider for authorized services provided
  226  to an eligible child; however, the cumulative total of services
  227  reimbursed for a child may not exceed the amount of the base
  228  student allocation provided in the Voluntary Prekindergarten
  229  Education Program in the General Appropriations Act. Providers
  230  shall be reimbursed from funds allocated to the early learning
  231  coalition for the Voluntary Prekindergarten Education Program.
  232         Section 5. Paragraph (a) of subsection (4) of section
  233  1002.71, Florida Statutes, is amended to read:
  234         1002.71 Funding; financial and attendance reporting.—
  235         (4) Notwithstanding s. 1002.53(3) and subsection (2):
  236         (a) A child who, for any of the prekindergarten programs
  237  listed in s. 1002.53(3), has not completed more than 70 percent
  238  of the hours authorized to be reported for funding under
  239  subsection (2), or has not expended more than 70 percent of the
  240  funds authorized for the child under s. 1002.66, may withdraw
  241  from the program for good cause and reenroll in one of the
  242  programs. The total funding for a child who reenrolls in one of
  243  the programs for good cause may not exceed one full-time
  244  equivalent student. Funding for a child who withdraws and
  245  reenrolls in one of the programs for good cause shall be issued
  246  in accordance with the agency’s uniform attendance policy
  247  adopted pursuant to paragraph (6)(d).
  248  
  249  A child may reenroll only once in a prekindergarten program
  250  under this section. A child who reenrolls in a prekindergarten
  251  program under this subsection may not subsequently withdraw from
  252  the program and reenroll. The Agency for Workforce Innovation
  253  shall establish criteria specifying whether a good cause exists
  254  for a child to withdraw from a program under paragraph (a),
  255  whether a child has substantially completed a program under
  256  paragraph (b), and whether an extreme hardship exists which is
  257  beyond the child’s or parent’s control under paragraph (b).
  258         Section 6. Paragraphs (a) and (f) of subsection (2) of
  259  section 1002.75, Florida Statutes, are amended to read:
  260         1002.75 Agency for Workforce Innovation; powers and duties;
  261  operational requirements.—
  262         (2) The Agency for Workforce Innovation shall adopt
  263  procedures governing the administration of the Voluntary
  264  Prekindergarten Education Program by the early learning
  265  coalitions and school districts for:
  266         (a) Enrolling children in and determining the eligibility
  267  of children for the Voluntary Prekindergarten Education Program
  268  under ss. 1002.53 and 1002.66 s. 1002.53.
  269         (f) Paying private prekindergarten providers, and public
  270  schools, and early intervention service providers under ss.
  271  1002.66 and 1002.71 s. 1002.71.
  272         Section 7. This act shall take effect July 1, 2010.