Florida Senate - 2011 CS for SB 1254 By the Committee on Education Pre-K - 12; and Senators Wise and Richter 581-02624-11 20111254c1 1 A bill to be entitled 2 An act relating to auditory-oral education programs; 3 providing a short title; amending s. 1002.20, F.S.; 4 revising provisions relating to public school choice 5 options for parents of public school students to 6 include auditory-oral education programs; creating s. 7 1002.391, F.S.; providing definitions; providing that 8 a parent of a child who is deaf or hard of hearing may 9 enroll the child in an auditory-oral education program 10 at a school accredited by OPTION Schools, Inc., or at 11 a school in which the supervisor and the majority of 12 faculty are certified as Listening and Spoken Language 13 Specialists by the AG Bell Academy for Listening and 14 Spoken Language; providing that the child may continue 15 attending the school and complete the development of 16 listening and spoken language skills if specified 17 criteria are met; requiring that the level of services 18 be determined by the individual educational plan team 19 or individualized family support plan team; providing 20 that a child is no longer eligible under certain 21 circumstances; amending s. 1011.62, F.S.; revising 22 provisions relating to the funding model for 23 exceptional student education programs to require the 24 Department of Education to review and revise the 25 descriptions of services and supports in the matrix of 26 services used to determine exceptional education cost 27 factors; providing an effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. This act may be cited as the “Auditory Oral 32 Education Act.” 33 Section 2. Paragraph (a) of subsection (6) of section 34 1002.20, Florida Statutes, is amended to read: 35 1002.20 K-12 student and parent rights.—Parents of public 36 school students must receive accurate and timely information 37 regarding their child’s academic progress and must be informed 38 of ways they can help their child to succeed in school. K-12 39 students and their parents are afforded numerous statutory 40 rights including, but not limited to, the following: 41 (6) EDUCATIONAL CHOICE.— 42 (a) Public school choices.—Parents of public school 43 students may seek whatever public school choice options that are 44 applicable to their students and are available to students in 45 their school districts. These options may include controlled 46 open enrollment, single-gender programs, lab schools, school 47 district virtual instruction programs, charter schools, charter 48 technical career centers, magnet schools, alternative schools, 49 special programs, auditory-oral education programs, advanced 50 placement, dual enrollment, International Baccalaureate, 51 International General Certificate of Secondary Education (pre 52 AICE), Advanced International Certificate of Education, early 53 admissions, credit by examination or demonstration of 54 competency, the New World School of the Arts, the Florida School 55 for the Deaf and the Blind, and the Florida Virtual School. 56 These options may also include the public school choice options 57 of the Opportunity Scholarship Program and the McKay 58 Scholarships for Students with Disabilities Program. 59 Section 3. Section 1002.391, Florida Statutes, is created 60 to read: 61 1002.391 Auditory-oral education programs.— 62 (1) As used in this section, the term: 63 (a) “Auditory-oral education program” means a program that 64 develops and relies solely on listening skills and uses an 65 implant or assistive hearing device for the purpose of relying 66 on speech and spoken language skills as the method of 67 communication. 68 (b) “Deaf or hard of hearing” means aided or unaided 69 hearing loss that impacts the processing of linguistic 70 information and adversely affects performance in the educational 71 environment. The degree of loss may range from mild to profound 72 in accordance with the criteria established by rule of the State 73 Board of Education. 74 (c) “School” means a public or private school located in 75 this state which meets the following requirements: 76 1. Is accredited by OPTION Schools, Inc., to teach children 77 who have obtained an implant or assistive hearing device; or 78 2. Has a supervisor and a majority of the faculty who 79 provide direct services to children and who are certified by the 80 AG Bell Academy for Listening and Spoken Language as Listening 81 and Spoken Language Specialists. 82 (2)(a) The parent of a child who meets the requirements in 83 paragraph (b) may enroll the child in an auditory-oral education 84 program at a school of choice under s. 1002.20. 85 (b) Any child who is deaf or hard of hearing and who 86 enrolls in an auditory-oral education program at a school, as 87 defined in this section, may continue attending the school and 88 complete the development of listening and spoken language skills 89 at the school if the child: 90 1. Has received an implant or assistive hearing device; 91 2.a. Is between the ages of 3 and 7 years; or 92 b. Is between the ages of 2 and 7 years when the school 93 district elects to serve children with disabilities who are 94 under the age of 3 years; and 95 3. Is a resident of the state. 96 (3) The level of services shall be determined by the 97 individual educational plan team or individualized family 98 support plan team, which includes the child’s parent in 99 accordance with the rules of the State Board of Education. A 100 child is eligible for services under this section until the end 101 of the school year in which he or she reaches the age of 7 years 102 or after grade 2, whichever comes first. 103 Section 4. Paragraph (e) of subsection (1) of section 104 1011.62, Florida Statutes, is amended to read: 105 1011.62 Funds for operation of schools.—If the annual 106 allocation from the Florida Education Finance Program to each 107 district for operation of schools is not determined in the 108 annual appropriations act or the substantive bill implementing 109 the annual appropriations act, it shall be determined as 110 follows: 111 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 112 OPERATION.—The following procedure shall be followed in 113 determining the annual allocation to each district for 114 operation: 115 (e) Funding model for exceptional student education 116 programs.— 117 1.a. The funding model uses basic, at-risk, support levels 118 IV and V for exceptional students and career Florida Education 119 Finance Program cost factors, and a guaranteed allocation for 120 exceptional student education programs. Exceptional education 121 cost factors are determined by using a matrix of services to 122 document the services that each exceptional student will 123 receive. The nature and intensity of the services indicated on 124 the matrix shall be consistent with the services described in 125 each exceptional student’s individual educational plan. The 126 Department of Education shall review and revise the descriptions 127 of the services and supports included in the matrix of services 128 for exceptional students and shall implement those revisions 129 before the beginning of the 2011-2012 school year. 130 b. In order to generate funds using one of the two weighted 131 cost factors, a matrix of services must be completed at the time 132 of the student’s initial placement into an exceptional student 133 education program and at least once every 3 years by personnel 134 who have received approved training. Nothing listed in the 135 matrix shall be construed as limiting the services a school 136 district must provide in order to ensure that exceptional 137 students are provided a free, appropriate public education. 138 c. Students identified as exceptional, in accordance with 139 chapter 6A-6, Florida Administrative Code, who do not have a 140 matrix of services as specified in sub-subparagraph b. shall 141 generate funds on the basis of full-time-equivalent student 142 membership in the Florida Education Finance Program at the same 143 funding level per student as provided for basic students. 144 Additional funds for these exceptional students will be provided 145 through the guaranteed allocation designated in subparagraph 2. 146 2. For students identified as exceptional who do not have a 147 matrix of services and students who are gifted in grades K 148 through 8, there is created a guaranteed allocation to provide 149 these students with a free appropriate public education, in 150 accordance with s. 1001.42(4)(m) and rules of the State Board of 151 Education, which shall be allocated annually to each school 152 district in the amount provided in the General Appropriations 153 Act. These funds shall be in addition to the funds appropriated 154 on the basis of FTE student membership in the Florida Education 155 Finance Program, and the amount allocated for each school 156 district shall not be recalculated during the year. These funds 157 shall be used to provide special education and related services 158 for exceptional students and students who are gifted in grades K 159 through 8. Beginning with the 2007-2008 fiscal year, a 160 district’s expenditure of funds from the guaranteed allocation 161 for students in grades 9 through 12 who are gifted may not be 162 greater than the amount expended during the 2006-2007 fiscal 163 year for gifted students in grades 9 through 12. 164 Section 5. This act shall take effect July 1, 2011.