Florida Senate - 2010 CS for SB 2746
By the Committee on Education Pre-K - 12; and Senator Gardiner
581-04934-10 20102746c1
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; authorizing the Commissioner of Education
9 to deny, suspend, or revoke a school’s participation
10 in the scholarship program if the owner or operator of
11 the school operates the school in a manner contrary to
12 the health, safety, or welfare of the public;
13 conforming cross-references; amending s. 1002.51,
14 F.S.; revising definitions for the Voluntary
15 Prekindergarten Education Program; amending s. 1002.53
16 and creating s. 1002.66, F.S.; establishing a
17 prekindergarten program option for children with
18 disabilities; providing eligibility criteria for early
19 intervention services; providing for the approval of
20 early intervention service providers; authorizing the
21 expenditure of funds for early intervention services;
22 amending s. 1002.71, F.S.; authorizing a child
23 participating in a prekindergarten program for
24 children with disabilities to reenroll in another
25 program option under certain conditions; amending s.
26 1002.75, F.S.; revising the powers and duties of the
27 Agency for Workforce Innovation for prekindergarten
28 programs; providing an effective date.
29
30 Be It Enacted by the Legislature of the State of Florida:
31
32 Section 1. Subsection (2), paragraph (a) of subsection (7),
33 and paragraphs (a), (c), and (d) of subsection (10) of section
34 1002.39, Florida Statutes, are amended to read:
35 1002.39 The John M. McKay Scholarships for Students with
36 Disabilities Program.—There is established a program that is
37 separate and distinct from the Opportunity Scholarship Program
38 and is named the John M. McKay Scholarships for Students with
39 Disabilities Program.
40 (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a
41 public school student with a disability who is dissatisfied with
42 the student’s progress may request and receive from the state a
43 John M. McKay Scholarship for the child to enroll in and attend
44 a private school in accordance with this section if:
45 (a) The student has:
46 1. Received early intervention services under the Voluntary
47 Prekindergarten Education Program pursuant to s. 1002.66 during
48 the previous school year, and the student has a current
49 individual educational plan developed in accordance with rules
50 of the State Board of Education; or
51 2. Spent the prior school year in attendance at a Florida
52 public school or the Florida School for the Deaf and the Blind.
53 For purposes of this subparagraph, prior school year in
54 attendance means that the student was:
55 1. enrolled and reported by:
56 a. A school district for funding during the preceding
57 October and February Florida Education Finance Program surveys
58 in kindergarten through grade 12, which includes shall include
59 time spent in a Department of Juvenile Justice commitment
60 program if funded under the Florida Education Finance Program;
61 b.2. Enrolled and reported by The Florida School for the
62 Deaf and the Blind during the preceding October and February
63 student membership surveys in kindergarten through grade 12; or
64 c.3. Enrolled and reported by A school district for funding
65 during the preceding October and February Florida Education
66 Finance Program surveys, was at least 4 years old when so
67 enrolled and reported, and was eligible for services under s.
68 1003.21(1)(e).
69
70 However, a dependent child of a member of the United States
71 Armed Forces who transfers to a school in this state from out of
72 state or from a foreign country due to pursuant to a parent’s
73 permanent change of station orders is exempt from this paragraph
74 but must meet all other eligibility requirements to participate
75 in the program.
76 (b) The parent has obtained acceptance for admission of the
77 student to a private school that is eligible for the program
78 under subsection (8) and has requested from the department a
79 scholarship at least 60 days before prior to the date of the
80 first scholarship payment. The request must be communicated
81 through a communication directly to the department in a manner
82 that creates a written or electronic record of the request and
83 the date of receipt of the request. The department of Education
84 must notify the district of the parent’s intent upon receipt of
85 the parent’s request.
86 (7) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.—
87 (a) The Commissioner of Education:
88 1. Shall deny, suspend, or revoke a private school’s
89 participation in the scholarship program if it is determined
90 that the private school has failed to comply with the provisions
91 of this section. However, if in instances in which the
92 noncompliance is correctable within a reasonable amount of time
93 and if in which the health, safety, or welfare of the students
94 is not threatened, the commissioner may issue a notice of
95 noncompliance which provides shall provide the private school
96 with a timeframe within which to provide evidence of compliance
97 before prior to taking action to suspend or revoke the private
98 school’s participation in the scholarship program.
99 2. May deny, suspend, or revoke a private school’s
100 participation in the scholarship program if the commissioner
101 determines that an owner or operator of the private school is
102 operating or has operated an educational institution in this
103 state or in another state or jurisdiction in a manner contrary
104 to the health, safety, or welfare of the public.
105 a. In making such a determination, the commissioner may
106 consider factors that include, but are not limited to, acts or
107 omissions by an owner or operator which led to a previous denial
108 or revocation of participation in an education scholarship
109 program; an owner’s or operator’s failure to reimburse the
110 Department of Education for scholarship funds improperly
111 received or retained by a school; imposition of a prior criminal
112 sanction related to an owner’s or operator’s management or
113 operation of an educational institution; imposition of a civil
114 fine or administrative fine, license revocation or suspension,
115 or program eligibility suspension, termination, or revocation
116 related to an owner’s or operator’s management or operation of
117 an educational institution; or other types of criminal
118 proceedings in which an owner or operator was found guilty of,
119 regardless of adjudication, or entered a plea of nolo contendere
120 or guilty to, any offense involving fraud, deceit, dishonesty,
121 or moral turpitude.
122 b. For purposes of this subparagraph, the term “owner or
123 operator” includes an owner, operator, superintendent, or
124 principal of, or a person who has equivalent decisionmaking
125 authority over, a private school participating in the
126 scholarship program.
127 (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.—
128 (a)1. The maximum scholarship granted for an eligible
129 student with disabilities shall be a calculated amount
130 equivalent to the base student allocation in the Florida
131 Education Finance Program multiplied by the appropriate cost
132 factor for the educational program that would have been provided
133 for the student in the district school to which he or she was
134 assigned, multiplied by the district cost differential.
135 2. In addition, a share of the guaranteed allocation for
136 exceptional students shall be determined and added to the
137 calculated amount in subparagraph 1. The calculation shall be
138 based on the methodology and the data used to calculate the
139 guaranteed allocation for exceptional students for each district
140 in chapter 2000-166, Laws of Florida. Except as provided in
141 subparagraphs 3. and 4., the calculation shall be based on the
142 student’s grade, matrix level of services, and the difference
143 between the 2000-2001 basic program and the appropriate level of
144 services cost factor, multiplied by the 2000-2001 base student
145 allocation and the 2000-2001 district cost differential for the
146 sending district. Also, The calculated amount shall include the
147 per-student share of supplemental academic instruction funds,
148 instructional materials funds, technology funds, and other
149 categorical funds as provided for such purposes in the General
150 Appropriations Act.
151 3. The calculated scholarship amount for a student who is
152 eligible under sub-subparagraph (2)(a)2.b. subparagraph (2)(a)2.
153 shall be calculated as provided in subparagraphs 1. and 2.
154 However, the calculation shall be based on the school district
155 in which the parent resides at the time of the scholarship
156 request.
157 4. Until the school district completes the matrix required
158 by paragraph (5)(b), the calculation shall be based on the
159 matrix that assigns the student to support level I of service as
160 it existed prior to the 2000-2001 school year. When the school
161 district completes the matrix, the amount of the payment shall
162 be adjusted as needed.
163 (c)1. The school district shall report all students who are
164 attending a private school under this program. The students with
165 disabilities attending private schools on John M. McKay
166 Scholarships shall be reported separately from other students
167 reported for purposes of the Florida Education Finance Program.
168 2. For program participants who are eligible under
169 subparagraph (2)(a)2.b. subparagraph (2)(a)2., the school
170 district that is used as the basis for the calculation of the
171 scholarship amount as provided in subparagraph (a)3. shall:
172 a. Report to the department all such students who are
173 attending a private school under this program.
174 b. Be held harmless for such students from the weighted
175 enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.b.
176 during the first school year in which the students are reported.
177 (d) Following notification on July 1, September 1, December
178 1, or February 1 of the number of program participants, the
179 department shall transfer, from General Revenue funds only, the
180 amount calculated under paragraph (b) from the school district’s
181 total funding entitlement under the Florida Education Finance
182 Program and from authorized categorical accounts to a separate
183 account for the scholarship program for quarterly disbursement
184 to the parents of participating students. Funds may not be
185 transferred from any funding provided to the Florida School for
186 the Deaf and the Blind for program participants who are eligible
187 under sub-subparagraph (2)(a)2.b. subparagraph (2)(a)2. For a
188 student exiting a Department of Juvenile Justice commitment
189 program who chooses to participate in the scholarship program,
190 the amount of the John M. McKay Scholarship calculated pursuant
191 to paragraph (b) shall be transferred from the school district
192 in which the student last attended a public school before prior
193 to commitment to the Department of Juvenile Justice. When a
194 student enters the scholarship program, the department must
195 receive all documentation required for the student’s
196 participation, including the private school’s and the student’s
197 fee schedules, at least 30 days before the first quarterly
198 scholarship payment is made for the student.
199 Section 2. Present subsections (2) through (5) of section
200 1002.51, Florida Statutes, are renumbered as subsections (4)
201 through (7), respectively, and new subsections (2) and (3) are
202 added to that section, to read:
203 1002.51 Definitions.—As used in this part, the term:
204 (2) “Disability” means any disability listed in the
205 definition of exceptional student in s. 1003.01.
206 (3) “Early intervention service provider” means a provider
207 delivering early intervention services under s. 1002.66.
208 Section 3. Subsections (1) and (3) of section 1002.53,
209 Florida Statutes, are amended to read:
210 1002.53 Voluntary Prekindergarten Education Program;
211 eligibility and enrollment.—
212 (1) There is created the Voluntary Prekindergarten
213 Education Program, which. The program shall take effect in each
214 county at the beginning of the 2005-2006 school year and shall
215 be organized, designed, and delivered in accordance with s. 1(b)
216 and (c), Art. IX of the State Constitution.
217 (3) The parent of each child eligible under subsection (2)
218 may enroll the child in one of the following programs:
219 (a) A school-year prekindergarten program delivered by a
220 private prekindergarten provider under s. 1002.55;
221 (b) A summer prekindergarten program delivered by a public
222 school or private prekindergarten provider under s. 1002.61; or
223 (c) A school-year prekindergarten program delivered by a
224 public school; or
225 (d) A prekindergarten program for children who have
226 disabilities, if the child has a disability and is eligible for
227 the program under s. 1002.66.
228
229 Except as provided in s. 1002.71(4), a child may not enroll in
230 more than one of these programs.
231 Section 4. Section 1002.66, Florida Statutes, is created to
232 read:
233 1002.66 Prekindergarten program for children with
234 disabilities.—
235 (1) Beginning with the 2012-2013 school year, a child who
236 has a disability and enrolls with the early learning coalition
237 under s. 1002.53(3)(d) is eligible for a prekindergarten program
238 of early intervention services if:
239 (a) The child is eligible for the Voluntary Prekindergarten
240 Education Program under s. 1002.53.
241 (b) A current individual educational plan has been
242 developed for the child in accordance with rules of the State
243 Board of Education.
244 (2) The parent of a child who is eligible for the
245 prekindergarten program for children with disabilities may
246 select one or more early intervention services that the child’s
247 individual educational plan indicates is appropriate for the
248 child. These early intervention services may include, but are
249 not limited to:
250 (a) Applied behavior analysis as defined in ss. 627.6686
251 and 641.31098.
252 (b) Speech-language pathology as defined in s. 468.1125.
253 (c) Occupational therapy as defined in s. 468.203.
254 (d) Physical therapy as defined is s. 486.021.
255 (3) The early intervention services provided for a child
256 under this section must be delivered according to professionally
257 accepted standards and must, in accordance with the performance
258 standards adopted by the department under s. 1002.67, address
259 the age-appropriate progress of the child in the development of
260 the capabilities, capacities, and skills required under s. 1(b),
261 Art. IX of the State Constitution.
262 (4) The department shall approve early intervention service
263 providers whose services meet the standards in subsection (3),
264 maintain a list of approved providers, and notify each school
265 district and early learning coalition of the approved provider
266 list. Upon the request of a child’s parent, the department may
267 approve an early intervention service provider that is not on
268 the approved list if the provider’s services meet the standards
269 in subsection (3) and the child’s individual educational plan
270 indicates that the services are appropriate for the child.
271 (5) The coalition shall reimburse an approved early
272 intervention service provider for authorized services provided
273 to an eligible child; however, the cumulative total of services
274 reimbursed for a child may not exceed the amount of the base
275 student allocation provided in the Voluntary Prekindergarten
276 Education Program in the General Appropriations Act. Providers
277 shall be reimbursed from funds allocated to the early learning
278 coalition for the Voluntary Prekindergarten Education Program.
279 Section 5. Paragraph (a) of subsection (4) of section
280 1002.71, Florida Statutes, is amended to read:
281 1002.71 Funding; financial and attendance reporting.—
282 (4) Notwithstanding s. 1002.53(3) and subsection (2):
283 (a) A child who, for any of the prekindergarten programs
284 listed in s. 1002.53(3), has not completed more than 70 percent
285 of the hours authorized to be reported for funding under
286 subsection (2), or has not expended more than 70 percent of the
287 funds authorized for the child under s. 1002.66, may withdraw
288 from the program for good cause and reenroll in one of the
289 programs. The total funding for a child who reenrolls in one of
290 the programs for good cause may not exceed one full-time
291 equivalent student. Funding for a child who withdraws and
292 reenrolls in one of the programs for good cause shall be issued
293 in accordance with the agency’s uniform attendance policy
294 adopted pursuant to paragraph (6)(d).
295
296 A child may reenroll only once in a prekindergarten program
297 under this section. A child who reenrolls in a prekindergarten
298 program under this subsection may not subsequently withdraw from
299 the program and reenroll. The Agency for Workforce Innovation
300 shall establish criteria specifying whether a good cause exists
301 for a child to withdraw from a program under paragraph (a),
302 whether a child has substantially completed a program under
303 paragraph (b), and whether an extreme hardship exists which is
304 beyond the child’s or parent’s control under paragraph (b).
305 Section 6. Paragraphs (a) and (f) of subsection (2) of
306 section 1002.75, Florida Statutes, are amended to read:
307 1002.75 Agency for Workforce Innovation; powers and duties;
308 operational requirements.—
309 (2) The Agency for Workforce Innovation shall adopt
310 procedures governing the administration of the Voluntary
311 Prekindergarten Education Program by the early learning
312 coalitions and school districts for:
313 (a) Enrolling children in and determining the eligibility
314 of children for the Voluntary Prekindergarten Education Program
315 under ss. 1002.53 and 1002.66 s. 1002.53.
316 (f) Paying private prekindergarten providers, and public
317 schools, and early intervention service providers under ss.
318 1002.66 and 1002.71 s. 1002.71.
319 Section 7. This act shall take effect July 1, 2010.