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         1002.66Prekindergarten 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.