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 1002.66 Prekindergarten 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.