HB 937

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 include
6	auditory-oral education programs; creating s. 1002.391,
7	F.S; providing definitions; providing that a parent of a
8	child who is deaf or hard of hearing may enroll the child
9	in an auditory-oral education program at a school
10	accredited by OPTION Schools, Inc., or at a school in
11	which the supervisor and the majority of faculty are
12	certified as Listening and Spoken Language Specialists by
13	the Alexander Graham Bell Academy for Listening and Spoken
14	Language; providing that the child may continue attending
15	the school and complete the development of listening and
16	spoken language skills if specified criteria are met;
17	requiring that the level of services be determined by the
18	individual educational plan team or individualized family
19	support plan team; providing that a child is no longer
20	eligible under certain circumstances; amending s. 1011.62,
21	F.S.; revising provisions relating to the funding model
22	for exceptional student education programs to require the
23	Department of Education to review and revise the
24	descriptions of services and supports in the matrix of
25	services used to determine exceptional education cost
26	factors; providing an effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  This act may be cited as the "Auditory Oral-
31	Education Act."
32	Section 2.  Paragraph (a) of subsection (6) of section
33	1002.20, Florida Statutes, is amended to read:
34	1002.20  K-12 student and parent rights.-Parents of public
35	school students must receive accurate and timely information
36	regarding their child's academic progress and must be informed
37	of ways they can help their child to succeed in school. K-12
38	students and their parents are afforded numerous statutory
39	rights including, but not limited to, the following:
40	(6)  EDUCATIONAL CHOICE.-
41	(a)  Public school choices.-Parents of public school
42	students may seek whatever public school choice options that are
43	applicable to their students and are available to students in
44	their school districts. These options may include controlled
45	open enrollment, single-gender programs, lab schools, school
46	district virtual instruction programs, charter schools, charter
47	technical career centers, magnet schools, alternative schools,
48	special programs, auditory-oral education programs, advanced
49	placement, dual enrollment, International Baccalaureate,
50	International General Certificate of Secondary Education (pre-
51	AICE), Advanced International Certificate of Education, early
52	admissions, credit by examination or demonstration of
53	competency, the New World School of the Arts, the Florida School
54	for the Deaf and the Blind, and the Florida Virtual School.
55	These options may also include the public school choice options
56	of the Opportunity Scholarship Program and the McKay
57	Scholarships for Students with Disabilities Program.
58	Section 3.  Section 1002.391, Florida Statutes, is created
59	to read:
60	1002.391  Auditory-oral education programs.-
61	(1)  As used in this section, the term:
62	(a)  "Auditory-oral education program" means a program that
63	develops and relies solely on listening skills and uses an
64	implant or assistive hearing device for the purpose of relying
65	on speech and spoken language skills as the method of
66	communication.
67	(b)  "Deaf or hard of hearing" means aided or unaided
68	hearing loss that impacts the processing of linguistic
69	information and adversely affects performance in the educational
70	environment. The degree of loss may range from mild to profound
71	in accordance with the criteria established by rule of the State
72	Board of Education.
73	(c)  "School" means a public or private school located in
74	this state which meets the following requirements:
75	1.  Is accredited by OPTION Schools, Inc., to teach
76	children who have obtained an implant or assistive hearing
77	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	Alexander Graham Bell Academy for Listening and Spoken Language
81	as Listening 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 year 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
131	weighted cost factors, a matrix of services must be completed at
132	the time of the student's initial placement into an exceptional
133	student education program and at least once every 3 years by
134	personnel who have received approved training. Nothing listed in
135	the 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
147	a 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.

CODING: Words stricken are deletions; words underlined are additions.