Florida Senate - 2010                      CS for CS for SB 2746
       
       
       
       By the Policy and Steering Committee on Ways and Means; the
       Committee on Education Pre-K - 12; and Senator Gardiner
       
       
       
       576-05336-10                                          20102746c2
    1                        A bill to be entitled                      
    2         An act relating to education programs for children
    3         with disabilities; amending s. 1002.39, F.S.; revising
    4         provisions relating to the John M. McKay Scholarships
    5         for Students with Disabilities Program; authorizing
    6         students who receive certain services under the
    7         Voluntary Prekindergarten Education Program to receive
    8         a John M. McKay Scholarship; authorizing the
    9         Commissioner of Education to deny, suspend, or revoke
   10         a private school’s participation in the scholarship
   11         program if the owner or operator of such school has
   12         operated an educational institution in this state or
   13         another in a manner contrary to the health, safety, or
   14         welfare of the public; providing factors for the
   15         commissioner to consider in making a determination;
   16         providing a definition for the term “owner or
   17         operator”; conforming cross-references; amending s.
   18         1002.51, F.S.; providing definitions for the terms
   19         “disability” and “specialized instructional services
   20         provider” for purposes of the Voluntary
   21         Prekindergarten Education Program; amending s.
   22         1002.53, F.S.; providing that a parent may enroll his
   23         or her child in a specialized instructional services
   24         program for children who have disabilities if the
   25         child is eligible for the Voluntary Prekindergarten
   26         Education Program; creating s. 1002.66, F.S.;
   27         establishing specialized instructional services for
   28         children with disabilities; providing eligibility
   29         criteria for such services; requiring that such
   30         services be delivered in accordance with certain
   31         standards; requiring that the Department of Education
   32         approve specialized instructional service providers;
   33         authorizing the expenditure of funds for specialized
   34         instructional services; amending s. 1002.71, F.S.;
   35         revising provisions for the funding of a child
   36         receiving specialized instructional services to
   37         conform to changes made by the act; amending s.
   38         1002.73, F.S.; requiring that the Department of
   39         Education adopt procedures for approving specialized
   40         instructional services providers; amending s. 1002.75,
   41         F.S.; requiring that the Agency for Workforce
   42         Innovation adopt procedures for enrolling children in
   43         and determining the eligibility of children for the
   44         Voluntary Prekindergarten Education Program and paying
   45         specialized instructional services providers;
   46         providing an effective date.
   47  
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. Subsection (2), paragraph (a) of subsection (7),
   51  and paragraphs (a), (c), and (d) of subsection (10) of section
   52  1002.39, Florida Statutes, are amended to read:
   53         1002.39 The John M. McKay Scholarships for Students with
   54  Disabilities Program.—There is established a program that is
   55  separate and distinct from the Opportunity Scholarship Program
   56  and is named the John M. McKay Scholarships for Students with
   57  Disabilities Program.
   58         (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a
   59  public school student with a disability who is dissatisfied with
   60  the student’s progress may request and receive from the state a
   61  John M. McKay Scholarship for the child to enroll in and attend
   62  a private school in accordance with this section if:
   63         (a) The student has:
   64         1.Received specialized instructional services under the
   65  Voluntary Prekindergarten Education Program pursuant to s.
   66  1002.66 during the previous school year and the student has a
   67  current individual educational plan developed by the local
   68  school board in accordance with rules of the State Board of
   69  Education for the John M. McKay Scholarships for Students with
   70  Disabilities Program; or
   71         2. Spent the prior school year in attendance at a Florida
   72  public school or the Florida School for the Deaf and the Blind.
   73  For purposes of this subparagraph, prior school year in
   74  attendance means that the student was:
   75         1. enrolled and reported by:
   76         a. A school district for funding during the preceding
   77  October and February Florida Education Finance Program surveys
   78  in kindergarten through grade 12, which includes shall include
   79  time spent in a Department of Juvenile Justice commitment
   80  program if funded under the Florida Education Finance Program;
   81         b.2.Enrolled and reported by The Florida School for the
   82  Deaf and the Blind during the preceding October and February
   83  student membership surveys in kindergarten through grade 12; or
   84         c.3.Enrolled and reported by A school district for funding
   85  during the preceding October and February Florida Education
   86  Finance Program surveys, was at least 4 years of age old when so
   87  enrolled and reported, and was eligible for services under s.
   88  1003.21(1)(e).
   89  
   90  However, a dependent child of a member of the United States
   91  Armed Forces who transfers to a school in this state from out of
   92  state or from a foreign country due to pursuant to a parent’s
   93  permanent change of station orders is exempt from this paragraph
   94  but must meet all other eligibility requirements to participate
   95  in the program.
   96         (b) The parent has obtained acceptance for admission of the
   97  student to a private school that is eligible for the program
   98  under subsection (8) and has requested from the department a
   99  scholarship at least 60 days before prior to the date of the
  100  first scholarship payment. The request must be communicated
  101  through a communication directly to the department in a manner
  102  that creates a written or electronic record of the request and
  103  the date of receipt of the request. The department of Education
  104  must notify the district of the parent’s intent upon receipt of
  105  the parent’s request.
  106         (7) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.—
  107         (a) The Commissioner of Education:
  108         1. Shall deny, suspend, or revoke a private school’s
  109  participation in the scholarship program if it is determined
  110  that the private school has failed to comply with the provisions
  111  of this section. However, if in instances in which the
  112  noncompliance is correctable within a reasonable amount of time
  113  and if in which the health, safety, or welfare of the students
  114  is not threatened, the commissioner may issue a notice of
  115  noncompliance which provides shall provide the private school
  116  with a timeframe within which to provide evidence of compliance
  117  before prior to taking action to suspend or revoke the private
  118  school’s participation in the scholarship program.
  119         2. May deny, suspend, or revoke a private school’s
  120  participation in the scholarship program if the commissioner
  121  determines that an owner or operator of the private school is
  122  operating or has operated an educational institution in this
  123  state or in another state or jurisdiction in a manner contrary
  124  to the health, safety, or welfare of the public.
  125         a. In making such a determination, the commissioner may
  126  consider factors that include, but are not limited to, acts or
  127  omissions by an owner or operator which led to a previous denial
  128  or revocation of participation in an education scholarship
  129  program; an owner’s or operator’s failure to reimburse the
  130  Department of Education for scholarship funds improperly
  131  received or retained by a school; imposition of a prior criminal
  132  sanction related to an owner’s or operator’s management or
  133  operation of an educational institution; imposition of a civil
  134  fine or administrative fine, license revocation or suspension,
  135  or program eligibility suspension, termination, or revocation
  136  related to an owner’s or operator’s management or operation of
  137  an educational institution; or other types of criminal
  138  proceedings in which an owner or operator was found guilty of,
  139  regardless of adjudication, or entered a plea of nolo contendere
  140  or guilty to, any offense involving fraud, deceit, dishonesty,
  141  or moral turpitude.
  142         b. For purposes of this subparagraph, the term “owner or
  143  operator” includes an owner, operator, superintendent, or
  144  principal of, or a person who has equivalent decisionmaking
  145  authority over, a private school participating in the
  146  scholarship program.
  147         (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.—
  148         (a)1. The maximum scholarship granted for an eligible
  149  student with disabilities shall be a calculated amount
  150  equivalent to the base student allocation in the Florida
  151  Education Finance Program multiplied by the appropriate cost
  152  factor for the educational program that would have been provided
  153  for the student in the district school to which he or she was
  154  assigned, multiplied by the district cost differential.
  155         2. In addition, a share of the guaranteed allocation for
  156  exceptional students shall be determined and added to the
  157  calculated amount in subparagraph 1. The calculation shall be
  158  based on the methodology and the data used to calculate the
  159  guaranteed allocation for exceptional students for each district
  160  in chapter 2000-166, Laws of Florida. Except as provided in
  161  subparagraphs 3. and 4., the calculation shall be based on the
  162  student’s grade, matrix level of services, and the difference
  163  between the 2000-2001 basic program and the appropriate level of
  164  services cost factor, multiplied by the 2000-2001 base student
  165  allocation and the 2000-2001 district cost differential for the
  166  sending district. Also, The calculated amount shall include the
  167  per-student share of supplemental academic instruction funds,
  168  instructional materials funds, technology funds, and other
  169  categorical funds as provided for such purposes in the General
  170  Appropriations Act.
  171         3. The calculated scholarship amount for a student who is
  172  eligible under sub-subparagraph (2)(a)2.b. subparagraph (2)(a)2.
  173  shall be calculated as provided in subparagraphs 1. and 2.
  174  However, the calculation shall be based on the school district
  175  in which the parent resides at the time of the scholarship
  176  request.
  177         4. Until the school district completes the matrix required
  178  by paragraph (5)(b), the calculation shall be based on the
  179  matrix that assigns the student to support level I of service as
  180  it existed prior to the 2000-2001 school year. When the school
  181  district completes the matrix, the amount of the payment shall
  182  be adjusted as needed.
  183         (c)1. The school district shall report all students who are
  184  attending a private school under this program. The students with
  185  disabilities attending private schools on John M. McKay
  186  Scholarships shall be reported separately from other students
  187  reported for purposes of the Florida Education Finance Program.
  188         2. For program participants who are eligible under sub
  189  subparagraph (2)(a)2.b. subparagraph (2)(a)2., the school
  190  district that is used as the basis for the calculation of the
  191  scholarship amount as provided in subparagraph (a)3. shall:
  192         a. Report to the department all such students who are
  193  attending a private school under this program.
  194         b. Be held harmless for such students from the weighted
  195  enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.b.
  196  during the first school year in which the students are reported.
  197         (d) Following notification on July 1, September 1, December
  198  1, or February 1 of the number of program participants, the
  199  department shall transfer, from General Revenue funds only, the
  200  amount calculated under paragraph (b) from the school district’s
  201  total funding entitlement under the Florida Education Finance
  202  Program and from authorized categorical accounts to a separate
  203  account for the scholarship program for quarterly disbursement
  204  to the parents of participating students. Funds may not be
  205  transferred from any funding provided to the Florida School for
  206  the Deaf and the Blind for program participants who are eligible
  207  under sub-subparagraph (2)(a)2.b. subparagraph (2)(a)2. For a
  208  student exiting a Department of Juvenile Justice commitment
  209  program who chooses to participate in the scholarship program,
  210  the amount of the John M. McKay Scholarship calculated pursuant
  211  to paragraph (b) shall be transferred from the school district
  212  in which the student last attended a public school before prior
  213  to commitment to the Department of Juvenile Justice. When a
  214  student enters the scholarship program, the department must
  215  receive all documentation required for the student’s
  216  participation, including the private school’s and the student’s
  217  fee schedules, at least 30 days before the first quarterly
  218  scholarship payment is made for the student.
  219         Section 2. Present subsections (2) through (5) of section
  220  1002.51, Florida Statutes, are redesignated as subsections (4)
  221  through (7), respectively, and new subsections (2) and (3) are
  222  added to that section, to read:
  223         1002.51 Definitions.—As used in this part, the term:
  224         (2)“Disability” means any disability listed in the
  225  definition of exceptional student in s. 1003.01.
  226         (3)“Specialized instructional services provider” means a
  227  provider delivering specialized instructional services under s.
  228  1002.66.
  229         Section 3. Subsections (1) and (3) of section 1002.53,
  230  Florida Statutes, are amended to read:
  231         1002.53 Voluntary Prekindergarten Education Program;
  232  eligibility and enrollment.—
  233         (1) There is created The Voluntary Prekindergarten
  234  Education Program is created and. The program shall take effect
  235  in each county at the beginning of the 2005-2006 school year and
  236  shall be organized, designed, and delivered in accordance with
  237  s. 1(b) and (c), Art. IX of the State Constitution.
  238         (3) The parent of each child eligible under subsection (2)
  239  may enroll the child in one of the following programs:
  240         (a) A school-year prekindergarten program delivered by a
  241  private prekindergarten provider under s. 1002.55;
  242         (b) A summer prekindergarten program delivered by a public
  243  school or private prekindergarten provider under s. 1002.61; or
  244         (c) A school-year prekindergarten program delivered by a
  245  public school; or
  246         (d)A specialized instructional services program for
  247  children who have disabilities, if the child has been evaluated
  248  and determined as eligible, has an individual educational plan
  249  developed by the local school board, and is eligible for the
  250  program under s. 1002.66.
  251  
  252  Except as provided in s. 1002.71(4), a child may not enroll in
  253  more than one of these programs.
  254         Section 4. Section 1002.66, Florida Statutes, is created to
  255  read:
  256         1002.66Specialized instructional services for children
  257  with disabilities.—
  258         (1)Beginning with the 2012-2013 school year, a child who
  259  has a disability and enrolls with the early learning coalition
  260  under s. 1002.53(3)(d) is eligible for specialized instructional
  261  services if:
  262         (a)The child is eligible for the Voluntary Prekindergarten
  263  Education Program under s. 1002.53; and
  264         (b)A current individual educational plan has been
  265  developed for the child by the local school board in accordance
  266  with rules of the State Board of Education.
  267         (2)The parent of a child who is eligible for the
  268  prekindergarten program for children with disabilities may
  269  select one or more specialized instructional services that are
  270  consistent with the child’s individual educational plan. These
  271  specialized instructional services may include, but are not
  272  limited to:
  273         (a)Applied behavior analysis as defined in ss. 627.6686
  274  and 641.31098.
  275         (b)Speech-language pathology as defined in s. 468.1125.
  276         (c)Occupational therapy as defined in s. 468.203.
  277         (d)Physical therapy as defined is s. 486.021.
  278         (3)The specialized instructional services provided for a
  279  child under this section must be delivered according to
  280  professionally accepted standards; must be in accordance with
  281  the performance standards adopted by the department under s.
  282  1002.67; and must address the age-appropriate progress of the
  283  child in the development of the capabilities, capacities, and
  284  skills required under s. 1(b), Art. IX of the State
  285  Constitution.
  286         (4)The department shall approve specialized instructional
  287  service providers whose services meet the standards in
  288  subsection (3), maintain a list of approved providers, and
  289  notify each school district and early learning coalition of the
  290  approved provider list. Upon the request of a child’s parent,
  291  the department may approve a specialized instructional service
  292  provider that is not on the approved list if the provider’s
  293  services meet the standards in subsection (3) and the service is
  294  consistent with the child’s individual educational plan.
  295         (5)The coalition shall reimburse an approved specialized
  296  instructional service provider for authorized services provided
  297  to an eligible child; however, the cumulative total of services
  298  reimbursed for a child may not exceed the amount of the base
  299  student allocation provided in the Voluntary Prekindergarten
  300  Education Program in the General Appropriations Act. Providers
  301  shall be reimbursed from funds allocated to the early learning
  302  coalition for the Voluntary Prekindergarten Education Program.
  303         Section 5. Paragraph (a) of subsection (4) of section
  304  1002.71, Florida Statutes, is amended to read:
  305         1002.71 Funding; financial and attendance reporting.—
  306         (4) Notwithstanding s. 1002.53(3) and subsection (2):
  307         (a) A child who, for any of the prekindergarten programs
  308  listed in s. 1002.53(3), has not completed more than 70 percent
  309  of the hours authorized to be reported for funding under
  310  subsection (2), or has not expended more than 70 percent of the
  311  funds authorized for the child under s. 1002.66, may withdraw
  312  from the program for good cause and reenroll in one of the
  313  programs. The total funding for a child who reenrolls in one of
  314  the programs for good cause may not exceed one full-time
  315  equivalent student. Funding for a child who withdraws and
  316  reenrolls in one of the programs for good cause shall be issued
  317  in accordance with the agency’s uniform attendance policy
  318  adopted pursuant to paragraph (6)(d).
  319  
  320  A child may reenroll only once in a prekindergarten program
  321  under this section. A child who reenrolls in a prekindergarten
  322  program under this subsection may not subsequently withdraw from
  323  the program and reenroll. The Agency for Workforce Innovation
  324  shall establish criteria specifying whether a good cause exists
  325  for a child to withdraw from a program under paragraph (a),
  326  whether a child has substantially completed a program under
  327  paragraph (b), and whether an extreme hardship exists which is
  328  beyond the child’s or parent’s control under paragraph (b).
  329         Section 6. Subsection (2) of section 1002.73, Florida
  330  Statutes, is amended to read:
  331         (2) The department shall adopt procedures for its the
  332  department’s:
  333         (a) Approval of prekindergarten director credentials under
  334  ss. 1002.55 and 1002.57.
  335         (b) Approval of emergent literacy training courses under
  336  ss. 1002.55 and 1002.59.
  337         (c) Administration of the statewide kindergarten screening
  338  and calculation of kindergarten readiness rates under s.
  339  1002.69.
  340         (d)Approval of specialized instructional services
  341  providers under s. 1002.66.
  342         Section 7. Subsection (3) of section 1002.75, Florida
  343  Statutes, is amended to read:
  344         1002.75 Agency for Workforce Innovation; powers and duties;
  345  operational requirements.—
  346         (3) The Agency for Workforce Innovation shall adopt, in
  347  consultation with and subject to approval by the department,
  348  procedures governing the administration of the Voluntary
  349  Prekindergarten Education Program by the early learning
  350  coalitions and school districts for:
  351         (a) Approving improvement plans of private prekindergarten
  352  providers and public schools under s. 1002.67.
  353         (b) Placing private prekindergarten providers and public
  354  schools on probation and requiring corrective actions under s.
  355  1002.67.
  356         (c) Removing a private prekindergarten provider or public
  357  school from eligibility to deliver the program due to the
  358  provider’s or school’s remaining on probation beyond the time
  359  permitted under s. 1002.67.
  360         (d)Enrolling children in and determining the eligibility
  361  of children for the Voluntary Prekindergarten Education Program
  362  under s. 1002.66.
  363         (e)Paying specialized instructional services providers
  364  under s. 1002.66.
  365         Section 8. This act shall take effect July 1, 2010.