Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1088
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/27/2016           .                                

       The Committee on Education Pre-K - 12 (Galvano) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete line 211
    4  and insert:
    5         Section 3. Effective June 29, 2016, section 1004.935,
    6  Florida Statutes, is amended to read:
    7         1004.935 Adults with Disabilities Workforce Education Pilot
    8  Program.—
    9         (1) The Adults with Disabilities Workforce Education Pilot
   10  Program is established in the Department of Education through
   11  June 30, 2016, in Hardee, DeSoto, Manatee, and Sarasota Counties
   12  to provide the option of receiving a scholarship for instruction
   13  at private schools for up to 30 students who:
   14         (a) Have a disability;
   15         (b) Are 22 years of age;
   16         (c) Are receiving instruction from an instructor in a
   17  private school to meet the high school graduation requirements
   18  in s. 1002.3105(5) or s. 1003.4282;
   19         (d) Do not have a standard high school diploma or a special
   20  high school diploma; and
   21         (e) Receive “supported employment services,” which means
   22  employment that is located or provided in an integrated work
   23  setting with earnings paid on a commensurate wage basis and for
   24  which continued support is needed for job maintenance.
   26  As used in this section, the term “student with a disability”
   27  includes a student who is documented as having an intellectual
   28  disability; a speech impairment; a language impairment; a
   29  hearing impairment, including deafness; a visual impairment,
   30  including blindness; a dual sensory impairment; an orthopedic
   31  impairment; another health impairment; an emotional or
   32  behavioral disability; a specific learning disability,
   33  including, but not limited to, dyslexia, dyscalculia, or
   34  developmental aphasia; a traumatic brain injury; a developmental
   35  delay; or autism spectrum disorder.
   36         (2) A student participating in the pilot program may
   37  continue to participate in the program until the student
   38  graduates from high school or reaches the age of 40 years,
   39  whichever occurs first.
   40         (3) Supported employment services may be provided at more
   41  than one site.
   42         (4) The provider of supported employment services must be a
   43  nonprofit corporation under s. 501(c)(3) of the Internal Revenue
   44  Code which serves Hardee County, DeSoto County, Manatee County,
   45  or Sarasota County and must contract with a private school in
   46  this state which meets the requirements in subsection (5).
   47         (5) A private school that participates in the pilot program
   48  may be sectarian or nonsectarian and must:
   49         (a) Be academically accountable for meeting the educational
   50  needs of the student by annually providing to the provider of
   51  supported employment services a written explanation of the
   52  student’s progress.
   53         (b) Comply with the antidiscrimination provisions of 42
   54  U.S.C. s. 2000d.
   55         (c) Meet state and local health and safety laws and codes.
   56         (d) Provide to the provider of supported employment
   57  services all documentation required for a student’s
   58  participation, including the private school’s and student’s fee
   59  schedules, at least 30 days before any quarterly scholarship
   60  payment is made for the student. A student is not eligible to
   61  receive a quarterly scholarship payment if the private school
   62  fails to meet this deadline.
   64  The inability of a private school to meet the requirements of
   65  this subsection constitutes a basis for the ineligibility of the
   66  private school to participate in the pilot program.
   67         (6)(a) If the student chooses to participate in the pilot
   68  program and is accepted by the provider of supported employment
   69  services, the student must notify the Department of Education of
   70  his or her acceptance into the program 60 days before the first
   71  scholarship payment and before participating in the pilot
   72  program in order to be eligible for the scholarship.
   73         (b) Upon receipt of a scholarship warrant, the student or
   74  parent to whom the warrant is made must restrictively endorse
   75  the warrant to the provider of supported employment services for
   76  deposit into the account of the provider. The student or parent
   77  may not designate any entity or individual associated with the
   78  participating provider of supported employment services as the
   79  student’s or parent’s attorney in fact to endorse a scholarship
   80  warrant. A participant who fails to comply with this paragraph
   81  forfeits the scholarship.
   82         (7) Funds for the scholarship shall be provided from the
   83  appropriation from the school district’s Workforce Development
   84  Fund in the General Appropriations Act for students who reside
   85  in the Hardee County School District, the DeSoto County School
   86  District, the Manatee County School District, or the Sarasota
   87  County School District. During the pilot program, The
   88  scholarship amount granted for an eligible student with a
   89  disability shall be equal to the cost per unit of a full-time
   90  equivalent adult general education student, multiplied by the
   91  adult general education funding factor, and multiplied by the
   92  district cost differential pursuant to the formula required by
   93  s. 1011.80(6)(a) for the district in which the student resides.
   94         (8) Upon notification by the Department of Education that
   95  it has received the required documentation, the Chief Financial
   96  Officer shall make scholarship payments in four equal amounts no
   97  later than September 1, November 1, February 1, and April 1 of
   98  each academic year in which the scholarship is in force. The
   99  initial payment shall be made after the Department of Education
  100  verifies that the student was accepted into the pilot program,
  101  and subsequent payments shall be made upon verification of
  102  continued participation in the pilot program. Payment must be by
  103  individual warrant made payable to the student or parent and
  104  mailed by the Department of Education to the provider of
  105  supported employment services, and the student or parent shall
  106  restrictively endorse the warrant to the provider of supported
  107  employment services for deposit into the account of that
  108  provider.
  109         (9) Subsequent to each scholarship payment, the Department
  110  of Education shall request from the Department of Financial
  111  Services a sample of endorsed warrants to review and confirm
  112  compliance with endorsement requirements.
  113         Section 4. Except as otherwise expressly provided in this
  114  act, this act shall take effect July 1, 2016.
  116  ================= T I T L E  A M E N D M E N T ================
  117  And the title is amended as follows:
  118         Delete lines 2 - 18
  119  and insert:
  120         An act relating to education programs for individuals
  121         with disabilities; amending s. 1002.39, F.S.;
  122         exempting a foster child from specified eligibility
  123         provisions; providing that a student enrolled in a
  124         transition-to-work program is eligible for a John M.
  125         McKay Scholarship; creating a transition-to-work
  126         program for specific students enrolled in the John M.
  127         McKay Scholarships for Students with Disabilities
  128         Program; providing program requirements; providing
  129         participation requirements for schools, students, and
  130         businesses; exempting a John M. McKay Scholarship
  131         award from a specified funding calculation; amending
  132         s. 1011.61, F.S.; exempting a John M. McKay
  133         Scholarship award from a specified funding calculation
  134         for purposes of the Florida Education Finance Program;
  135         amending s. 1004.935, F.S.; deleting the scheduled
  136         termination of the Adults with Disabilities Workforce
  137         Education Pilot Program; changing the name of the
  138         program to the “Adults with Disabilities Workforce
  139         Education Program”; providing effective dates.