SB 7030 First Engrossed (ntc) 20157030e1 1 A bill to be entitled 2 An act relating to postsecondary education for 3 students with disabilities; creating s. 1004.6501, 4 F.S.; providing a short title; providing purposes and 5 legislative intent; defining terms; establishing 6 eligibility requirements for enrollment in the Florida 7 Postsecondary Comprehensive Transition Program; 8 requiring eligible institutions to make student 9 eligibility determinations; establishing the Florida 10 Center for Students with Unique Abilities; specifying 11 the duties of the center and the center director; 12 specifying application requirements for initial 13 approval and renewal of approval; requiring an 14 eligible institution with an approved program to 15 submit an annual report to the center by a specified 16 date; establishing a Florida Postsecondary 17 Comprehensive Transition Program Scholarship for 18 certain qualified students; specifying the 19 requirements for a student to maintain eligibility for 20 the scholarship; providing for the distribution of 21 scholarship funds; requiring an eligible institution 22 to report certain data and information to the center; 23 requiring an eligible institution to certify and 24 report the amount of funds disbursed and undisbursed 25 advances to the center by a specified date; requiring 26 the center, with the Board of Governors and the State 27 Board of Education, to identify program progress and 28 performance indicators; requiring an annual report to 29 the Governor, the President of the Senate, the Speaker 30 of the House of Representatives, the Chancellor of the 31 State University System, and the Commissioner of 32 Education by a specified date; requiring the center, 33 with other stakeholders, to submit to the Governor, 34 the President of the Senate, and the Speaker of the 35 House of Representatives statutory or budget 36 recommendations for the program; requiring the Board 37 of Governors and the State Board of Education, in 38 consultation with the center, to adopt regulations and 39 rules; providing an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. Section 1004.6501, Florida Statutes, is created 44 to read: 45 1004.6501 Florida Postsecondary Comprehensive Transition 46 Program and the Florida Center for Students with Unique 47 Abilities.— 48 (1) SHORT TITLE.—This section shall be known and may be 49 cited as the “Florida Postsecondary Comprehensive Transition 50 Program Act.” 51 (2) PURPOSE AND LEGISLATIVE INTENT.—The purpose of this 52 section is to increase independent living, inclusive and 53 experiential postsecondary education, and employment 54 opportunities for students with intellectual disabilities 55 through degree, certificate, or nondegree programs and to 56 establish statewide coordination of the dissemination of 57 information regarding programs and services for students with 58 disabilities. It is the intent of the Legislature that students 59 with intellectual disabilities and students with disabilities 60 have access to meaningful postsecondary education credentials 61 and a meaningful campus experience. 62 (3) DEFINITIONS.—As used in this section, the term: 63 (a) “Center” means the Florida Center for Students with 64 Unique Abilities established under subsection (5). 65 (b) “Director” means the director of the center. 66 (c) “Eligible institution” means a state university; a 67 Florida College System institution; a career center; a charter 68 technical career center; or an independent college or university 69 that is located and chartered in this state, is not for profit, 70 is accredited by the Commission on Colleges of the Southern 71 Association of Colleges and Schools, and is eligible to 72 participate in the William L. Boyd, IV, Florida Resident Access 73 Grant Program. 74 (d) “Florida Postsecondary Comprehensive Transition Program 75 Scholarship” or “scholarship” means the scholarship established 76 under this section to provide state financial assistance awards 77 to students who meet the student eligibility requirements 78 specified in subsection (4) and are enrolled in an FPCTP. 79 (e) “FPCTP” means a Florida Postsecondary Comprehensive 80 Transition Program that is approved pursuant to paragraph (5)(b) 81 and offered by an eligible institution. 82 (f) “Transitional student” means a student who is 18 to 26 83 years of age and meets the student eligibility requirements 84 specified in subsection (4). 85 (4) STUDENT ELIGIBILITY.—To be eligible to enroll in an 86 FPCTP at an eligible institution, a student must, as determined 87 by the institution, based on guidelines established by the 88 center: 89 (a) Be a “student with an intellectual disability” as that 90 term is defined in 20 U.S.C. s. 1140(2), including, but not 91 limited to, a transitional student. 92 (b) Physically attend the eligible institution. 93 (c) Submit to the eligible institution documentation 94 regarding his or her intellectual disability. Such documentation 95 may include, but not be limited to, a current individualized 96 plan for employment associated with an evaluation completed 97 pursuant to s. 413.20(3) or a diagnosis from a physician who is 98 licensed under chapter 458 or chapter 459 or a psychologist 99 licensed under chapter 490. 100 (5) CENTER RESPONSIBILITIES.—The Florida Center for 101 Students with Unique Abilities is established within the 102 University of Central Florida. At a minimum, the center shall: 103 (a) Disseminate information to students with disabilities 104 and their parents, including, but not limited to: 105 1. Education programs, services, and resources that are 106 available at eligible institutions. 107 2. Supports, accommodations, technical assistance, or 108 training provided by eligible institutions, the advisory council 109 established pursuant to s. 383.141, and regional autism centers 110 established pursuant to s. 1004.55. 111 3. Mentoring, networking, and employment opportunities. 112 (b) Coordinate and facilitate the statewide implementation 113 of this section. The director of the center shall oversee the 114 approval of the comprehensive transition programs. 115 Notwithstanding the program approval requirements of s. 1004.03, 116 the director shall review applications for the initial approval 117 of an application for, or renewal of approval of, a 118 comprehensive transition program proposed by an eligible 119 institution. Within 30 days after receipt of an application, the 120 director shall issue his or her recommendation regarding 121 approval to the Chancellor of the State University System or the 122 Commissioner of Education, as applicable, or shall give written 123 notice to the applicant of any deficiencies in the application, 124 which the eligible institution must be given an opportunity to 125 correct. Within 15 days after receipt of a notice of 126 deficiencies, the eligible institution shall, if the eligible 127 institution seeks program approval, correct the application 128 deficiencies and return the application to the center. Within 30 129 days after receipt of a revised application, the director shall 130 recommend approval or disapproval of the revised application to 131 the chancellor or the commissioner, as applicable. Within 15 132 days after receipt of the director’s recommendation for approval 133 or disapproval, the chancellor or the commissioner shall approve 134 or disapprove the recommendation. If the chancellor or the 135 commissioner does not take action on the director’s 136 recommendation within 15 days after receipt of such 137 recommendation, the comprehensive transition program proposed by 138 the institution shall be considered an FPCTP by default. 139 Additionally, the director shall: 140 1. Consult and collaborate with the National Center and the 141 Coordinating Center, as identified in 20 U.S.C. s. 1140q, 142 regarding guidelines established by the center for effective 143 implementation of the programs for students with disabilities 144 and for students with intellectual disabilities which align with 145 the federal requirements and standards, quality indicators, and 146 benchmarks identified by the National Center and the 147 Coordinating Center. 148 2. Consult and collaborate with the Higher Education 149 Coordinating Council to identify meaningful credentials for 150 FPCTPs and to engage businesses and stakeholders to promote 151 experiential training and employment opportunities for students 152 with intellectual disabilities. 153 3. Create the application for the initial approval and 154 renewal of approval as an FPCTP for use by an eligible 155 institution which, at a minimum, must align with the federal 156 comprehensive transition and postsecondary program application 157 requirements. 158 4. Establish requirements and timelines for the: 159 a. Submission and review of an application. 160 b. Approval or disapproval of an initial or renewal 161 application. Initial approval of an application for an FPCTP 162 that meets the requirements of subsection (6) is valid for the 3 163 academic years immediately following the academic year during 164 which the approval is granted. An eligible institution may 165 submit an application to the center requesting that the initial 166 approval be renewed. If the approval is granted and the FPCTP 167 continues to meet the requirements of this section, including, 168 but not limited to, program and student performance outcomes, 169 and federal requirements, a renewal is valid for the 5 academic 170 years immediately following the academic year during which the 171 renewal is initially granted. 172 c. Implementation of an FPCTP, beginning no later than the 173 academic year immediately following the academic year during 174 which the approval is granted. 175 5. Administer scholarship funds. 176 6. Oversee and report on the implementation and 177 administration of this section by planning, advising, and 178 evaluating approved degree, certificate, and nondegree programs 179 and the performance of students and programs pursuant to 180 subsection (8). 181 (c) Provide technical assistance regarding programs and 182 services for students with intellectual disabilities to 183 administrators, instructors, staff, and others, as applicable, 184 at eligible institutions by: 185 1. Holding meetings and annual workshops to share 186 successful practices and to address issues or concerns. 187 2. Facilitating collaboration between eligible institutions 188 and school districts, private schools pursuant to s. 1002.42, 189 and parents of students enrolled in home education programs 190 pursuant to s. 1002.41 in assisting students with intellectual 191 disabilities and their parents to plan for the transition of 192 such students into an FPCTP or another program at an eligible 193 institution. 194 3. Assisting eligible institutions with state FPCTP and 195 federal comprehensive transition and postsecondary program 196 applications. 197 4. Assisting eligible institutions with the identification 198 of funding sources for an FPCTP and for student financial 199 assistance for students enrolled in an FPCTP. 200 5. Monitoring federal and state law relating to the 201 comprehensive transition program and notifying the Legislature, 202 the Governor, the Board of Governors, and the State Board of 203 Education of any change in law which may impact the 204 implementation of this section. 205 (6) INSTITUTION ELIGIBILITY AND RESPONSIBILITIES.— 206 (a) To offer an FPCTP, the president or executive director 207 of an eligible institution, as applicable, must submit to the 208 center, by a date established by the center, the following: 209 1. An application for approval of a comprehensive 210 transition program proposed by the eligible institution which 211 must be approved by the institution’s governing board and must 212 address the requirements of the federal comprehensive transition 213 and postsecondary program under 20 U.S.C. s. 1140 and the 214 requirements of this section, including, but not limited to: 215 a. Identification of a credential associated with the 216 proposed program, which is awarded to a student with an 217 intellectual disability who meets the student eligibility 218 requirements specified in subsection (4) upon completion of the 219 FPCTP. 220 b. The program length and design, including, at a minimum, 221 inclusive and successful experiential education practices 222 relating to curricular, assessment, and advising structure and 223 internship and employment opportunities which must support 224 students with intellectual disabilities who are seeking to 225 continue academic, career and technical, and independent living 226 instruction at an eligible institution, including, but not 227 limited to, opportunities to earn industry certifications, to 228 prepare students for gainful employment. If offering a college 229 credit-bearing degree program, an institution shall be 230 responsible for maintaining the rigor and effectiveness of a 231 comprehensive transition degree program at the same level as 232 another comparable degree program offered by the institution 233 pursuant to the applicable accreditation standards. 234 c. The plan for students with intellectual disabilities to 235 be integrated socially and academically with nondisabled 236 students, to the maximum extent possible, and to participate on 237 not less than a half-time basis, as determined by the eligible 238 institution, with such participation focusing on academic 239 components and occurring through one or more of the following 240 activities with nondisabled students: 241 (I) Regular enrollment in credit-bearing courses offered by 242 the institution. 243 (II) Auditing or participating in courses offered by the 244 institution for which the student does not receive academic 245 credit. 246 (III) Enrollment in noncredit-bearing, nondegree courses. 247 (IV) Participation in internships or work-based training. 248 d. The plan for partnerships with businesses to promote 249 experiential training and employment opportunities for students 250 with intellectual disabilities. 251 e. Performance indicators pursuant to subsection (8) and 252 other requirements identified by the center. 253 f. A 5-year plan incorporating enrollment and operational 254 expectations for the program. 255 2. Documented evidence of a federally approved 256 comprehensive transition and postsecondary program that is 257 determined to be an eligible program for the federal student aid 258 programs and is currently offered at the institution, documented 259 evidence of the submission of an application for such federal 260 approval of a comprehensive transition and postsecondary program 261 proposed by the institution, or documentation demonstrating the 262 commitment of the institution’s governing board to submit an 263 application within the subsequent academic year for federal 264 approval of a comprehensive transition and postsecondary program 265 proposed by the institution pursuant to 20 U.S.C. s. 1140. 266 (b) An eligible institution may submit an application to 267 the center for approval pursuant to the requirements of this 268 section for implementation of the FPCTP no later than the 269 academic year immediately following the academic year during 270 which the approval is granted. An eligible institution must 271 submit a renewal application to the center no later than 3 years 272 following the year during which the approval is initially 273 granted. 274 (c) By August 1 of each year, an eligible institution that 275 has an FPCTP shall submit an annual report to the center which, 276 at minimum, for the prior academic year, addresses the following 277 performance indicators: 278 1. Efforts to recruit students in the FPCTP and the number 279 of students enrolled in the program. 280 2. Efforts to retain students in the FPCTP and the 281 retention rate of students in the program. 282 3. The completion rate of students enrolled in the FPCTP 283 and courses, as applicable. 284 4. Transition success of students who complete an FPCTP, as 285 measured by employment rates and salary levels at 1 year and 5 286 years after completion. 287 5. Other performance indicators identified by the center 288 pursuant to subsection (8). 289 (d) An eligible institution shall notify students with 290 intellectual disabilities and their parents of the student 291 eligibility requirements specified in subsection (4) and the 292 scholarship requirements and eligibility requirements specified 293 in subsection (7). 294 (7) FLORIDA POSTSECONDRY COMPREHENSIVE TRANSITION PROGRAM 295 SCHOLARSHIP.— 296 (a) Beginning in the 2015-2016 academic year, the Florida 297 Postsecondary Comprehensive Transition Program Scholarship is 298 established for students who meet the student eligibility 299 requirements specified in subsection (4), are enrolled in an 300 FPCTP, and are not receiving services that are funded through 301 the Florida Education Finance Program or a scholarship under 302 part III of chapter 1002. 303 (b) To maintain eligibility to receive a scholarship, a 304 student must continue to meet the requirements of paragraph (a) 305 and must demonstrate satisfactory academic progress in the 306 FPCTP, as determined by the eligible institution that the 307 student attends, based on the indicators identified by the 308 center pursuant to subsection (8). 309 (c) Payment of scholarship funds shall be transmitted to 310 the director of the center, or to his or her designee, in 311 advance of the registration period. The director, or his or her 312 designee, shall disburse the scholarship funds to the eligible 313 institutions that are responsible for awarding the scholarship 314 to students who meet the requirements of paragraphs (a) and (b). 315 (d) During each academic term, by a date established by the 316 center, an eligible institution shall report to the center the 317 number and value of all scholarships awarded under this 318 subsection. Each eligible institution shall also report to the 319 center necessary demographic and eligibility data and other data 320 requested by the center for students who received the 321 scholarship awards. 322 (e) By a date annually established by the center, each 323 eligible institution shall certify to the center the amount of 324 funds disbursed to each student and shall remit to the center 325 any undisbursed advances by June 1 of each year. 326 (f) Funding for the scholarship and the maximum allowable 327 award shall be as provided annually in the General 328 Appropriations Act. If funds appropriated are not adequate to 329 provide the maximum allowable award to each eligible student, 330 the awards may be prorated. 331 (8) ACCOUNTABILITY.— 332 (a) The center, in collaboration with the Board of 333 Governors and the State Board of Education, shall identify 334 indicators for the satisfactory progress of a student in an 335 FPCTP and for the performance of such programs. Each eligible 336 institution must address the indicators identified by the center 337 in its application for the approval of a proposed FPCTP and for 338 the renewal of an FPCTP and in the annual report that the 339 institution submits to the center. 340 (b) By October 1 of each year, the center shall provide to 341 the Governor, the President of the Senate, the Speaker of the 342 House of Representatives, the Chancellor of the State University 343 System, and the Commissioner of Education, a summary of 344 information including, but not limited to: 345 1. The status of the statewide coordination of FPCTPs and 346 the implementation of FPCTPs at eligible institutions including, 347 but not limited to: 348 a. The number of applications approved and disapproved and 349 the reasons for each disapproval and no action taken by the 350 chancellor or the commissioner. 351 b. The number and value of all scholarships awarded to 352 students and undisbursed advances remitted to the center 353 pursuant to subsection (7). 354 2. Indicators identified by the center pursuant to 355 paragraph (a) and the performance of each eligible institution 356 based on the indicators identified in paragraph (6)(c). 357 3. The projected number of students with intellectual 358 disabilities who may be eligible to enroll in the FPCTPs within 359 the next academic year. 360 4. Education programs and services for students with 361 intellectual disabilities which are available at an eligible 362 institution. 363 (c) Beginning in the 2015-2016 fiscal year, the center, in 364 collaboration with the Board of Governors, State Board of 365 Education, Higher Education Coordinating Council, and other 366 stakeholders, by December 1 each year, shall submit to the 367 Governor, the President of the Senate, and the Speaker of the 368 House of Representatives statutory or budget recommendations for 369 improving the implementation and delivery of FPCTPs and other 370 education programs and services for students with disabilities. 371 (9) RULES.—The Board of Governors and the State Board of 372 Education, in consultation with the center, shall expeditiously 373 adopt the necessary regulations and rules, as applicable, to 374 allow the center to perform its responsibilities pursuant to 375 this section beginning in the 2015-2016 fiscal year. 376 Section 2. This act shall take effect upon becoming a law.