Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 15, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .         Floor: SENA1/C         
             05/03/2017 03:58 PM       .      05/05/2017 06:07 PM       

       Senator Simmons moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 41 - 342
    4  and insert:
    5         Section 1. Paragraphs (d) and (h) of subsection (2) of
    6  section 1002.385, Florida Statutes, are amended, present
    7  paragraphs (i) and (j) of that subsection are redesignated as
    8  paragraphs (j) and (k), respectively, a new paragraph (i) is
    9  added to that subsection, paragraph (a) of subsection (3) of
   10  that section is amended, paragraph (e) is added to subsection
   11  (4) of that section, and subsection (5), paragraph (b) of
   12  subsection (6), subsection (8), paragraph (f) of subsection
   13  (11), and paragraph (j) of subsection (12) of that section are
   14  amended, to read:
   15         1002.385 The Gardiner Scholarship.—
   16         (2) DEFINITIONS.—As used in this section, the term:
   17         (d) “Disability” means, for a 3- or 4-year-old child or for
   18  a student in kindergarten to grade 12, autism spectrum disorder,
   19  as defined in the Diagnostic and Statistical Manual of Mental
   20  Disorders, Fifth Edition, published by the American Psychiatric
   21  Association; cerebral palsy, as defined in s. 393.063(6); Down
   22  syndrome, as defined in s. 393.063(15); an intellectual
   23  disability, as defined in s. 393.063(24); Phelan-McDermid
   24  syndrome, as defined in s. 393.063(28); Prader-Willi syndrome,
   25  as defined in s. 393.063(29); spina bifida, as defined in s.
   26  393.063(40); being a high-risk child, as defined in s.
   27  393.063(23)(a); muscular dystrophy; and Williams syndrome; rare
   28  diseases which affect patient populations of fewer than 200,000
   29  individuals in the United States, as defined by the National
   30  Organization for Rare Disorders; anaphylaxis; deaf; visually
   31  impaired; dual sensory impaired; traumatic brain injured; or
   32  hospital or homebound, as defined by rules of the State Board of
   33  Education and evidenced by reports from local school districts.
   34  The term “hospital or homebound” includes a student who has a
   35  medically diagnosed physical or psychiatric condition or
   36  illness, as defined by the state board in rule, and who is
   37  confined to the home or hospital for more than 6 months.
   38         (h) “IEP” means individual education plan, regardless of
   39  whether the plan has been reviewed or revised within the last 12
   40  months.
   41         (i)“Inactive” means that eligible expenditures have not
   42  been made from an account funded pursuant to paragraph (13)(d).
   43         (3) PROGRAM ELIGIBILITY.—A parent of a student with a
   44  disability may request and receive from the state a Gardiner
   45  Scholarship for the purposes specified in subsection (5) if:
   46         (a) The student:
   47         1. Is a resident of this state;
   48         2. Is 3 or 4 years of age on or before September 1 of the
   49  year in which the student applies for program participation, or
   50  is eligible to enroll in kindergarten through grade 12 in a
   51  public school in this state;
   52         3. Has a disability as defined in paragraph (2)(d); and
   53         4. Is the subject of an IEP written in accordance with
   54  rules of the State Board of Education or with the applicable
   55  rules of another state or has received a diagnosis of a
   56  disability from a physician who is licensed under chapter 458 or
   57  chapter 459, or a psychologist who is licensed under chapter
   58  490, or a physician who holds an active license issued by
   59  another state or territory of the United States, the District of
   60  Columbia, or the Commonwealth of Puerto Rico.
   61         (4) PROGRAM PROHIBITIONS.—A student is not eligible for the
   62  program if he or she is:
   63         (e) Enrolled in the Florida School for the Deaf and the
   64  Blind.
   65         (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be
   66  used to meet the individual educational needs of an eligible
   67  student and may be spent for the following purposes:
   68         (a) Instructional materials, including digital devices,
   69  digital periphery devices, and assistive technology devices that
   70  allow a student to access instruction or instructional content
   71  and training on the use of and maintenance agreements for these
   72  devices.
   73         (b) Curriculum as defined in paragraph (2)(b).
   74         (c) Specialized services by approved providers or by a
   75  hospital in this state which that are selected by the parent.
   76  These specialized services may include, but are not limited to:
   77         1. Applied behavior analysis services as provided in ss.
   78  627.6686 and 641.31098.
   79         2. Services provided by speech-language pathologists as
   80  defined in s. 468.1125.
   81         3. Occupational therapy services as defined in s. 468.203.
   82         4. Services provided by physical therapists as defined in
   83  s. 486.021.
   84         5. Services provided by listening and spoken language
   85  specialists and an appropriate acoustical environment for a
   86  child who is deaf or hard of hearing and who has received an
   87  implant or assistive hearing device.
   88         (d) Enrollment in, or tuition or fees associated with
   89  enrollment in, a home education program, an eligible private
   90  school, an eligible postsecondary educational institution or a
   91  program offered by the institution, a private tutoring program
   92  authorized under s. 1002.43, a virtual program offered by a
   93  department-approved private online provider that meets the
   94  provider qualifications specified in s. 1002.45(2)(a), the
   95  Florida Virtual School as a private paying student, or an
   96  approved online course offered pursuant to s. 1003.499 or s.
   97  1004.0961.
   98         (e) Fees for nationally standardized, norm-referenced
   99  achievement tests, Advanced Placement Examinations, industry
  100  certification examinations, assessments related to postsecondary
  101  education, or other assessments.
  102         (f) Contributions to the Stanley G. Tate Florida Prepaid
  103  College Program pursuant to s. 1009.98 or the Florida College
  104  Savings Program pursuant to s. 1009.981, for the benefit of the
  105  eligible student.
  106         (g) Contracted services provided by a public school or
  107  school district, including classes. A student who receives
  108  services under a contract under this paragraph is not considered
  109  enrolled in a public school for eligibility purposes as
  110  specified in subsection (4).
  111         (h) Tuition and fees for part-time tutoring services
  112  provided by a person who holds a valid Florida educator’s
  113  certificate pursuant to s. 1012.56; a person who holds an
  114  adjunct teaching certificate pursuant to s. 1012.57; or a person
  115  who has demonstrated a mastery of subject area knowledge
  116  pursuant to s. 1012.56(5). As used in this paragraph, the term
  117  “part-time tutoring services” does not qualify as regular school
  118  attendance as defined in s. 1003.01(13)(e).
  119         (i) Fees for specialized summer education programs.
  120         (j) Fees for specialized after-school education programs.
  121         (k) Transition services provided by job coaches.
  122         (l) Fees for an annual evaluation of educational progress
  123  by a state-certified teacher under s. 1002.41(1)(c), if this
  124  option is chosen for a home education student.
  125         (m) Tuition and fees associated with programs offered by
  126  Voluntary Prekindergarten Education Program providers approved
  127  pursuant to s. 1002.55 and school readiness providers approved
  128  pursuant to s. 1002.88.
  129         (n) Fees for services provided at a center that is a member
  130  of the Professional Association of Therapeutic Horsemanship
  131  International.
  132         (o) Fees for services provided by a therapist who is
  133  certified by the Certification Board for Music Therapists or
  134  credentialed by the Art Therapy Credentials Board.
  136  A provider of any services receiving payments pursuant to this
  137  subsection may not share, refund, or rebate any moneys from the
  138  Gardiner Scholarship with the parent or participating student in
  139  any manner. A parent, student, or provider of any services may
  140  not bill an insurance company, Medicaid, or any other agency for
  141  the same services that are paid through the Gardiner Scholarship
  142  funds.
  143         (6) TERM OF THE PROGRAM.—For purposes of continuity of
  144  educational choice and program integrity:
  145         (b)1. A student’s scholarship account must be closed and
  146  any remaining funds, including, but not limited to,
  147  contributions made to the Stanley G. Tate Florida Prepaid
  148  College Program or earnings from or contributions made to the
  149  Florida College Savings Program using program funds pursuant to
  150  paragraph (5)(f), shall revert to the state after upon:
  151         a. Denial or revocation of program eligibility by the
  152  commissioner for fraud or abuse, including, but not limited to,
  153  the student or student’s parent accepting any payment, refund,
  154  or rebate, in any manner, from a provider of any services
  155  received pursuant to subsection (5); or
  156         b. After Any period of 3 consecutive years after high
  157  school completion or graduation during which the student has not
  158  been enrolled in an eligible postsecondary educational
  159  institution or a program offered by the institution; or.
  160         c. Three consecutive fiscal years in which an account has
  161  been inactive.
  162         2. The commissioner must notify the parent and the
  163  organization when a Gardiner Scholarship account is closed and
  164  program funds revert to the state.
  166  private school may be sectarian or nonsectarian and shall:
  167         (a) Comply with all requirements for private schools
  168  participating in state school choice scholarship programs
  169  pursuant to s. 1002.421.
  170         (b) Provide to the organization, upon request, all
  171  documentation required for the student’s participation,
  172  including the private school’s and student’s fee schedules.
  173         (c) Be academically accountable to the parent for meeting
  174  the educational needs of the student by:
  175         1. At a minimum, annually providing to the parent a written
  176  explanation of the student’s progress.
  177         2. Annually administering or making provision for students
  178  participating in the program in grades 3 through 10 to take one
  179  of the nationally norm-referenced tests identified by the
  180  Department of Education or the statewide assessments pursuant to
  181  s. 1008.22. Students with disabilities for whom standardized
  182  testing is not appropriate are exempt from this requirement. A
  183  participating private school shall report a student’s scores to
  184  the parent.
  185         3. Cooperating with the scholarship student whose parent
  186  chooses to have the student participate in the statewide
  187  assessments pursuant to s. 1008.22 or, if a private school
  188  chooses to offer the statewide assessments, administering the
  189  assessments at the school.
  190         a. A participating private school may choose to offer and
  191  administer the statewide assessments to all students who attend
  192  the private school in grades 3 through 10.
  193         b. A participating private school shall submit a request in
  194  writing to the Department of Education by March 1 of each year
  195  in order to administer the statewide assessments in the
  196  subsequent school year.
  197         (d) Employ or contract with teachers who have regular and
  198  direct contact with each student receiving a scholarship under
  199  this section at the school’s physical location.
  200         (e) Annually contract with an independent certified public
  201  accountant to perform the agreed-upon procedures developed under
  202  s. 1002.395(6)(o) and produce a report of the results if the
  203  private school receives more than $250,000 in funds from
  204  scholarships awarded under this section in the 2014-2015 state
  205  fiscal year or a state fiscal year thereafter. A private school
  206  subject to this paragraph must annually submit the report by
  207  September 15, 2015, and annually thereafter to the organization
  208  that awarded the majority of the school’s scholarship funds. The
  209  agreed-upon procedures must be conducted in accordance with
  210  attestation standards established by the American Institute of
  211  Certified Public Accountants.
  213  If The inability of a private school is unable to meet the
  214  requirements of this subsection or has in consecutive years had
  215  material exceptions listed in its agreed-upon procedures
  216  reports, there is constitutes a basis for the ineligibility of
  217  the private school to participate in the program as determined
  218  by the commissioner.
  220  PARTICIPATION.—A parent who applies for program participation
  221  under this section is exercising his or her parental option to
  222  determine the appropriate placement or the services that best
  223  meet the needs of his or her child. The scholarship award for a
  224  student is based on a matrix that assigns the student to support
  225  Level III services. If a parent receives an IEP and a matrix of
  226  services from the school district pursuant to subsection (7),
  227  the amount of the payment shall be adjusted as needed, when the
  228  school district completes the matrix.
  229         (f) The parent is responsible for procuring the services
  230  necessary to educate the student. If a parent does not procure
  231  the necessary educational services for the student and the
  232  student’s account has been inactive for 2 consecutive fiscal
  233  years, the student is ineligible for additional scholarship
  234  payments until the scholarship-funding organization verifies
  235  that expenditures from the account have occurred. When the
  236  student receives a Gardiner Scholarship, the district school
  237  board is not obligated to provide the student with a free
  238  appropriate public education. For purposes of s. 1003.57 and the
  239  Individuals with Disabilities in Education Act, a participating
  240  student has only those rights that apply to all other
  241  unilaterally parentally placed students, except that, when
  242  requested by the parent, school district personnel must develop
  243  an individual education plan or matrix level of services.
  245  A parent who fails to comply with this subsection forfeits the
  246  Gardiner Scholarship.
  248  organization may establish Gardiner Scholarships for eligible
  249  students by:
  250         (j) Documenting each scholarship student’s eligibility for
  251  a fiscal year before granting a scholarship for that fiscal year
  252  pursuant to paragraph (3)(b). A student is ineligible for
  253  scholarship funding if the student’s account has been inactive
  254  for 2 consecutive fiscal years. However, once an eligible
  255  expenditure is made pursuant to paragraph (11)(f), the student
  256  may resume scholarship funding, based on available funds.
  258  ================= T I T L E  A M E N D M E N T ================
  259  And the title is amended as follows:
  260         Delete lines 3 - 15
  261  and insert:
  262         1002.385, F.S.; redefining the terms “disability” and
  263         “IEP”; defining the term “inactive”; prohibiting a
  264         student who is enrolled in the Florida School for the
  265         Deaf and the Blind from being eligible for the
  266         Gardiner Scholarship Program; revising the purposes
  267         for which program funds may be used; requiring that a
  268         student’s account be closed and program funds revert
  269         to the state after the account is inactive for a
  270         specified number of years; specifying that certain
  271         actions of a private school are a basis for program
  272         ineligibility; revising parent and student
  273         responsibilities for program participation; revising
  274         obligations of scholarship-funding organizations;
  275         amending s. 1002.395,