Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. PCS (532862) for CS for SB 1512 Ì827068DÎ827068 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/23/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Gardiner) recommended the following: 1 Senate Amendment 2 3 Delete lines 377 - 504 4 and insert: 5 2. Receive applications and determine student eligibility 6 in accordance with the requirements of this section. The agency 7 shall notify the Department of Education of the applicants for 8 the program by February 15 before the school year in which the 9 student intends to participate and indicate how the student will 10 comply with regular school attendance pursuant to ss. 11 1003.01(13) and 1003.23. 12 3. Notify parents of their receipt of a scholarship on a 13 first-come, first-served basis based upon the funds provided for 14 this program in the General Appropriations Act. 15 4. Establish a date by which a parent must confirm initial 16 or continuing participation in the program and confirm the 17 establishment or continuance of a personal learning scholarship 18 account. 19 5. Establish a date and process by which students on the 20 wait list or late-filing applicants may be allowed to 21 participate in the program during the school year, within the 22 amount of funds provided for this program in the General 23 Appropriations Act. 24 6. Develop an ILSP, in consultation with the parent and the 25 educational consultant, which documents the following: 26 a. That the student has an eligible disability as defined 27 in paragraph (2)(d). 28 b. Learning goals and objectives for the student which are 29 linked directly to how program funds will be spent for 30 authorized services. 31 c. How attendance requirements in s. 1003.21 will be met. 32 d. How progress toward meeting the individual learning 33 goals and objectives will be assessed and documented for 34 purposes of continued participation in the program. 35 7. Assign a funding category for each student that 36 documents the nature and intensity of services that the student 37 will need to meet the learning outcomes specified in his or her 38 ILSP. The funding category determines the amount of the award 39 for the student. 40 8. Receive an administrative fee of up to 10 percent from 41 the appropriation to operate the Florida Personal Learning 42 Scholarship Accounts. 43 9. Establish and maintain a separate account for each 44 eligible student. 45 10. Establish and maintain a list of approved providers 46 pursuant to paragraph (2)(b). 47 11. Verify eligible expenditures prior to the distribution 48 of funds for any expenditures made pursuant to paragraphs (5)(a) 49 and (b). The review of expenditures for services in paragraphs 50 (5)(c) through (h) may be completed after the payment has been 51 made. 52 12. Develop a system for payment of benefits by electronic 53 funds transfer, including, but not limited to, debit cards, 54 electronic payment cards, or any other means of electronic 55 payment that the agency deems to be commercially viable or cost 56 effective. Commodities or services related to the development of 57 such a system shall be procured by competitive solicitation 58 unless they are purchased from a state term contract pursuant to 59 s. 287.056. 60 (b) The agency may contract for services. 61 (14) FUNDING AND PAYMENT.— 62 (a) Funding for the Florida Personal Learning Scholarship 63 Accounts shall be provided in the General Appropriations Act, 64 which shall specify the annual amount per funding category for 65 public school students, private school students, home education 66 students, students receiving a scholarship pursuant to s. 67 1002.39 or s. 1002.395, and students participating in a private 68 tutoring program. 69 (b) Upon an eligible student’s graduation from an eligible 70 postsecondary educational institution or after any period of 4 71 consecutive years after high school graduation in which the 72 student is not enrolled in an eligible postsecondary educational 73 institution, the student’s personal learning scholarship account 74 shall be closed, and any remaining funds shall revert to the 75 state. 76 (c) Moneys received pursuant to this section do not 77 constitute taxable income to the eligible student or the parent 78 of an eligible student. 79 (15) OBLIGATIONS OF THE AUDITOR GENERAL.—The Auditor 80 General shall conduct an annual financial and operational audit 81 of accounts and records of the Florida Personal Learning 82 Scholarship Accounts. As a part of this audit, the Auditor 83 General shall verify, at a minimum, the total amount of students 84 served and eligibility of reimbursement made by the agency and 85 transmit that information to the agency. 86 (16) LIABILITY.—The state is not liable for the award or 87 any use of awarded funds under this section. 88 (17) SCOPE OF AUTHORITY.—This section does not expand the 89 regulatory authority of this state, its officers, or any school 90 district to impose additional regulation on participating 91 private schools, nonpublic postsecondary educational 92 institutions, and private providers beyond those reasonably 93 necessary to enforce requirements expressly set forth in this 94 section. 95 (18) RULES.—The Agency for Persons with Disabilities shall 96 adopt rules pursuant to ss. 120.536(1) and 120.54 to administer 97 this section. 98 (19) IMPLEMENTATION SCHEDULE FOR THE 2014-2015 SCHOOL 99 YEAR.— 100 (a) The Agency for Persons with Disabilities shall, in 101 consultation with an advisory work group, develop an ILSP and an 102 ILSP process, funding category requirements, a system for 103 payment of claims and providers, and a system to document and 104 assess progress toward meeting the individual learning goals and 105 objectives in the ILSP. The advisory work group shall make 106 specific recommendations to the agency by October 1, 2014. The 107 agency shall adopt rules to implement the recommendations of the 108 advisory group by December 31, 2014. The Commissioner of 109 Education, the executive director of the agency, the Chancellor 110 of the State University System, and the director of the Division 111 of Vocational Rehabilitation shall appoint staff to work on the 112 advisory group with stakeholders. 113 (b) Notwithstanding the provisions of this section related 114 to notification and eligibility timelines, the agency may enroll 115 parents in a statewide pilot program on a rolling schedule on a 116 first-come, first-served basis, no later than February 1, 2015, 117 within the amount of funds provided in the General 118 Appropriations Act. 119 (c) There is hereby appropriated for the 2014-2015 fiscal 120 year to the Agency for Persons with Disabilities a sum of $18.4 121 million from the Operations and Maintenance Trust Fund for the 122 implementation of the Personal Learning Scholarship Accounts 123 Program. From these funds, $1.5 million shall be allocated to 124 the Agency for Persons with Disabilities for startup costs for 125 planning and implementation of the pilot program. For the pilot 126 program in the 2014-2015 fiscal year, the agency shall provide 127 awards for eligible students which range from $5,000 to $19,000 128 per recipient and shall be based on funding categories 129 established by the agency. Public school students and students 130 who receive a scholarship pursuant to ss. 1002.39 and 1002.395 131 shall receive 50 percent of the designated amount for the 132 student’s funding category.