Florida Senate - 2016 SENATOR AMENDMENT
Bill No. CS for HB 837
Senate . House
Floor: 1/AD/2R . Floor: SENAT/C
03/08/2016 10:50 AM . 03/09/2016 02:54 PM
Senator Stargel moved the following:
1 Senate Amendment (with title amendment)
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (10) through (13) of section
6 1002.39, Florida Statutes, are renumbered as subsections (11)
7 through (14), respectively, paragraph (a) of subsection (2),
8 paragraph (h) of subsection (3), paragraph (b) of subsection
9 (8), and paragraph (a) of present subsection (10) are amended,
10 and a new subsection (10) is added to that section, to read:
11 1002.39 The John M. McKay Scholarships for Students with
12 Disabilities Program.—There is established a program that is
13 separate and distinct from the Opportunity Scholarship Program
14 and is named the John M. McKay Scholarships for Students with
15 Disabilities Program.
16 (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a
17 student with a disability may request and receive from the state
18 a John M. McKay Scholarship for the child to enroll in and
19 attend a private school in accordance with this section if:
20 (a) The student has:
21 1. Received specialized instructional services under the
22 Voluntary Prekindergarten Education Program pursuant to s.
23 1002.66 during the previous school year and the student has a
24 current individual educational plan developed by the local
25 school board in accordance with rules of the State Board of
26 Education for the John M. McKay Scholarships for Students with
27 Disabilities Program or a 504 accommodation plan has been issued
28 under s. 504 of the Rehabilitation Act of 1973; or
29 2. Spent the prior school year in attendance at a Florida
30 public school or the Florida School for the Deaf and the Blind.
31 For purposes of this subparagraph, prior school year in
32 attendance means that the student was enrolled and reported by:
33 a. A school district for funding during the preceding
34 October and February Florida Education Finance Program surveys
35 in kindergarten through grade 12, which includes time spent in a
36 Department of Juvenile Justice commitment program if funded
37 under the Florida Education Finance Program;
38 b. The Florida School for the Deaf and the Blind during the
39 preceding October and February student membership surveys in
40 kindergarten through grade 12; or
41 c. A school district for funding during the preceding
42 October and February Florida Education Finance Program surveys,
43 was at least 4 years of age when so enrolled and reported, and
44 was eligible for services under s. 1003.21(1)(e).
46 However, a dependent child of a member of the United States
47 Armed Forces who transfers to a school in this state from out of
48 state or from a foreign country due to a parent’s permanent
49 change of station orders or a foster child is exempt from this
50 paragraph but must meet all other eligibility requirements to
51 participate in the program.
52 (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.—A student is
53 not eligible for a John M. McKay Scholarship:
54 (h) While he or she is not having regular and direct
55 contact with his or her private school teachers at the school’s
56 physical location unless he or she is enrolled in the private
57 school’s transition-to-work program pursuant to subsection (10);
59 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
60 eligible to participate in the John M. McKay Scholarships for
61 Students with Disabilities Program, a private school may be
62 sectarian or nonsectarian and must:
63 (b) Provide to the department all documentation required
64 for a student’s participation, including the private school’s
65 and student’s fee schedules, at least 30 days before any
66 quarterly scholarship payment is made for the student pursuant
67 to paragraph (11)(e)
(10)(e). A student is not eligible to
68 receive a quarterly scholarship payment if the private school
69 fails to meet this deadline.
71 The inability of a private school to meet the requirements of
72 this subsection shall constitute a basis for the ineligibility
73 of the private school to participate in the scholarship program
74 as determined by the department.
75 (10) TRANSITION-TO-WORK PROGRAM.—A student participating in
76 the John M. McKay Scholarships for Students with Disabilities
77 Program who is at least 17 years, but not older than 22 years,
78 of age and who has not received a high school diploma or
79 certificate of completion is eligible for enrollment in his or
80 her private school’s transition-to-work program. A transition
81 to-work program shall consist of academic instruction, work
82 skills training, and a volunteer or paid work experience.
83 (a) To offer a transition-to-work program, a participating
84 private school must:
85 1. Develop a transition-to-work program plan, which must
86 include a written description of the academic instruction and
87 work skills training students will receive and the goals for
88 students in the program.
89 2. Submit the transition-to-work program plan to the Office
90 of Independent Education and Parental Choice.
91 3. Develop a personalized transition-to-work program plan
92 for each student enrolled in the program. The student’s parent,
93 the student, and the school principal must sign the personalized
94 plan. The personalized plan must be submitted to the Office of
95 Independent Education and Parental Choice upon request by the
97 4. Provide a release of liability form that must be signed
98 by the student’s parent, the student, and a representative of
99 the business offering the volunteer or paid work experience.
100 5. Assign a case manager or job coach to visit the
101 student’s job site on a weekly basis to observe the student and,
102 if necessary, provide support and guidance to the student.
103 6. Provide to the parent and student a quarterly report
104 that documents and explains the student’s progress and
105 performance in the program.
106 7. Maintain accurate attendance and performance records for
107 the student.
108 (b) A student enrolled in a transition-to-work program
109 must, at a minimum:
110 1. Receive 15 instructional hours at the private school’s
111 physical facility, which must include academic instruction and
112 work skills training.
113 2. Participate in 10 hours of work at the student’s
114 volunteer or paid work experience.
115 (c) To participate in a transition-to-work program, a
116 business must:
117 1. Maintain an accurate record of the student’s performance
118 and hours worked and provide the information to the private
120 2. Comply with all state and federal child labor laws.
121 (11) (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.—
122 (a)1. The maximum scholarship granted for an eligible
123 student with disabilities shall be equivalent to the base
124 student allocation in the Florida Education Finance Program
125 multiplied by the appropriate cost factor for the educational
126 program that would have been provided for the student in the
127 district school to which he or she was assigned, multiplied by
128 the district cost differential.
129 2. In addition, a share of the guaranteed allocation for
130 exceptional students shall be determined and added to the amount
131 in subparagraph 1. The calculation shall be based on the
132 methodology and the data used to calculate the guaranteed
133 allocation for exceptional students for each district in chapter
134 2000-166, Laws of Florida. Except as provided in subparagraphs
135 3. and 4., the calculation shall be based on the student’s
136 grade, matrix level of services, and the difference between the
137 2000-2001 basic program and the appropriate level of services
138 cost factor, multiplied by the 2000-2001 base student allocation
139 and the 2000-2001 district cost differential for the sending
140 district. The calculated amount shall include the per-student
141 share of supplemental academic instruction funds, instructional
142 materials funds, technology funds, and other categorical funds
143 as provided in the General Appropriations Act.
144 3. The scholarship amount for a student who is eligible
145 under sub-subparagraph (2)(a)2.b. shall be calculated as
146 provided in subparagraphs 1. and 2. However, the calculation
147 shall be based on the school district in which the parent
148 resides at the time of the scholarship request.
149 4. Until the school district completes the matrix required
150 by paragraph (5)(b), the calculation shall be based on the
151 matrix that assigns the student to support Level I of service as
152 it existed prior to the 2000-2001 school year. When the school
153 district completes the matrix, the amount of the payment shall
154 be adjusted as needed.
155 5. The scholarship amount for a student eligible under s.
156 504 of the Rehabilitation Act of 1973 shall be based on the
157 program cost factor the student currently generates through the
158 Florida Education Finance Program.
159 6. The scholarship amount granted for an eligible student
160 with disabilities is not subject to the maximum value for
161 funding a student under s. 1011.61(4).
162 Section 2. Subsection (9) of section 1002.41, Florida
163 Statutes, is amended, and subsection (10) is added to that
164 section, to read:
165 1002.41 Home education programs.—
166 (9) Home education program students may receive Testing and
167 evaluation services at diagnostic and resource centers shall be
168 available to home education program students, including, but not
169 limited to, student with disabilities, in accordance with the
170 provisions of s. 1006.03.
171 (10) A school district may provide exceptional student
172 education-related services, as defined in State Board of
173 Education rule, to a home education program student with a
174 disability who is eligible for the services and who enrolls in a
175 public school solely for the purpose of receiving those related
176 services. The school district providing the services shall
177 report each student as a full-time equivalent student in the
178 class and in a manner prescribed by the Department of Education,
179 and funding shall be provided through the Florida Education
180 Finance Program pursuant to s. 1011.62.
181 Section 3. Effective June 29, 2016, section 1004.935,
182 Florida Statutes, is amended to read:
183 1004.935 Adults with Disabilities Workforce Education Pilot
185 (1) The Adults with Disabilities Workforce Education Pilot
186 Program is established in the Department of Education through
187 June 30, 2016, in Hardee, DeSoto, Manatee, and Sarasota Counties
188 to provide the option of receiving a scholarship for instruction
189 at private schools for up to 30 students who:
190 (a) Have a disability;
191 (b) Are 22 years of age;
192 (c) Are receiving instruction from an instructor in a
193 private school to meet the high school graduation requirements
194 in s. 1002.3105(5) or s. 1003.4282;
195 (d) Do not have a standard high school diploma or a special
196 high school diploma; and
197 (e) Receive “supported employment services,” which means
198 employment that is located or provided in an integrated work
199 setting with earnings paid on a commensurate wage basis and for
200 which continued support is needed for job maintenance.
202 As used in this section, the term “student with a disability”
203 includes a student who is documented as having an intellectual
204 disability; a speech impairment; a language impairment; a
205 hearing impairment, including deafness; a visual impairment,
206 including blindness; a dual sensory impairment; an orthopedic
207 impairment; another health impairment; an emotional or
208 behavioral disability; a specific learning disability,
209 including, but not limited to, dyslexia, dyscalculia, or
210 developmental aphasia; a traumatic brain injury; a developmental
211 delay; or autism spectrum disorder.
212 (2) A student participating in the pilot program may
213 continue to participate in the program until the student
214 graduates from high school or reaches the age of 40 years,
215 whichever occurs first.
216 (3) Supported employment services may be provided at more
217 than one site.
218 (4) The provider of supported employment services must be a
219 nonprofit corporation under s. 501(c)(3) of the Internal Revenue
220 Code which serves Hardee County, DeSoto County, Manatee County,
221 or Sarasota County and must contract with a private school in
222 this state which meets the requirements in subsection (5).
223 (5) A private school that participates in the pilot program
224 may be sectarian or nonsectarian and must:
225 (a) Be academically accountable for meeting the educational
226 needs of the student by annually providing to the provider of
227 supported employment services a written explanation of the
228 student’s progress.
229 (b) Comply with the antidiscrimination provisions of 42
230 U.S.C. s. 2000d.
231 (c) Meet state and local health and safety laws and codes.
232 (d) Provide to the provider of supported employment
233 services all documentation required for a student’s
234 participation, including the private school’s and student’s fee
235 schedules, at least 30 days before any quarterly scholarship
236 payment is made for the student. A student is not eligible to
237 receive a quarterly scholarship payment if the private school
238 fails to meet this deadline.
240 The inability of a private school to meet the requirements of
241 this subsection constitutes a basis for the ineligibility of the
242 private school to participate in the pilot program.
243 (6)(a) If the student chooses to participate in the pilot
244 program and is accepted by the provider of supported employment
245 services, the student must notify the Department of Education of
246 his or her acceptance into the program 60 days before the first
247 scholarship payment and before participating in the pilot
248 program in order to be eligible for the scholarship.
249 (b) Upon receipt of a scholarship warrant, the student or
250 parent to whom the warrant is made must restrictively endorse
251 the warrant to the provider of supported employment services for
252 deposit into the account of the provider. The student or parent
253 may not designate any entity or individual associated with the
254 participating provider of supported employment services as the
255 student’s or parent’s attorney in fact to endorse a scholarship
256 warrant. A participant who fails to comply with this paragraph
257 forfeits the scholarship.
258 (7) Funds for the scholarship shall be provided from the
259 appropriation from the school district’s Workforce Development
260 Fund in the General Appropriations Act for students who reside
261 in the Hardee County School District, the DeSoto County School
262 District, the Manatee County School District, or the Sarasota
263 County School District. During the pilot program, The
264 scholarship amount granted for an eligible student with a
265 disability shall be equal to the cost per unit of a full-time
266 equivalent adult general education student, multiplied by the
267 adult general education funding factor, and multiplied by the
268 district cost differential pursuant to the formula required by
269 s. 1011.80(6)(a) for the district in which the student resides.
270 (8) Upon notification by the Department of Education that
271 it has received the required documentation, the Chief Financial
272 Officer shall make scholarship payments in four equal amounts no
273 later than September 1, November 1, February 1, and April 1 of
274 each academic year in which the scholarship is in force. The
275 initial payment shall be made after the Department of Education
276 verifies that the student was accepted into the pilot program,
277 and subsequent payments shall be made upon verification of
278 continued participation in the pilot program. Payment must be by
279 individual warrant made payable to the student or parent and
280 mailed by the Department of Education to the provider of
281 supported employment services, and the student or parent shall
282 restrictively endorse the warrant to the provider of supported
283 employment services for deposit into the account of that
285 (9) Subsequent to each scholarship payment, the Department
286 of Education shall request from the Department of Financial
287 Services a sample of endorsed warrants to review and confirm
288 compliance with endorsement requirements.
289 Section 4. Subsections (13), (22), (23), and (24) of
290 section 1007.271, Florida Statutes, are amended, and subsection
291 (25) is added to the section, to read:
292 1007.271 Dual enrollment programs.—
293 (13)(a) The dual enrollment program for a home education
294 student, including, but not limited to, students with
295 disabilities, consists of the enrollment of an eligible home
296 education secondary student in a postsecondary course creditable
297 toward an associate degree, a career certificate, or a
298 baccalaureate degree. To participate in the dual enrollment
299 program, an eligible home education secondary student must:
300 1. Provide proof of enrollment in a home education program
301 pursuant to s. 1002.41.
302 2. Be responsible for his or her own instructional
303 materials and transportation unless provided for in the
304 articulation agreement otherwise.
305 3. Sign a home education articulation agreement pursuant to
306 paragraph (b).
307 (b) Each postsecondary institution eligible to participate
308 in the dual enrollment program pursuant to s. 1011.62(1)(i) must
309 shall enter into a home education articulation agreement with
310 each home education student seeking enrollment in a dual
311 enrollment course and the student’s parent. By August 1 of each
312 year, the eligible postsecondary institution shall complete and
313 submit the home education articulation agreement to the
314 Department of Education. The home education articulation
315 agreement must shall include, at a minimum:
316 1. A delineation of courses and programs available to
317 dually enrolled home education students. Courses and programs
318 may be added, revised, or deleted at any time by the
319 postsecondary institution.
320 2. The initial and continued eligibility requirements for
321 home education student participation, not to exceed those
322 required of other dually enrolled students.
323 3. The student’s responsibilities for providing his or her
324 own instructional materials and transportation.
325 4. A copy of the statement on transfer guarantees developed
326 by the Department of Education under subsection (15).
327 (22) The Department of Education shall develop an
328 electronic submission system for dual enrollment articulation
329 agreements and shall review, for compliance, each dual
330 enrollment articulation agreement submitted pursuant to
331 subsections (13), subsection (21), and (24). The Commissioner of
332 Education shall notify the district school superintendent and
333 the Florida College System institution president if the dual
334 enrollment articulation agreement does not comply with statutory
335 requirements and shall submit any dual enrollment articulation
336 agreement with unresolved issues of noncompliance to the State
337 Board of Education.
338 (23) District school boards and Florida College System
339 institutions may enter into additional dual enrollment
340 articulation agreements with state universities for the purposes
341 of this section. School districts may also enter into dual
342 enrollment articulation agreements with eligible independent
343 colleges and universities pursuant to s. 1011.62(1)(i). By
344 August 1 of each year, the district school board and the Florida
345 College System institution shall complete and submit the dual
346 enrollment articulation agreement with the state university or
347 an eligible independent college or university, as applicable, to
348 the Department of Education.
349 (24)(a) The dual enrollment program for a private school
350 student consists of the enrollment of an eligible private school
351 student in a postsecondary course creditable toward an associate
352 degree, a career certificate, or a baccalaureate degree. In
353 addition, a private school in which a student, including, but
354 not limited to, students with disabilities, is enrolled must
355 award credit toward high school completion for the postsecondary
356 course under the dual enrollment program. To participate in the
357 dual enrollment program, an eligible private school student
359 1. Provide proof of enrollment in a private school pursuant
360 to subsection (2).
361 2. Be responsible for his or her own instructional
362 materials and transportation unless provided for in the
363 articulation agreement.
364 3. Sign a private school articulation agreement pursuant to
365 paragraph (b).
366 (b) Each postsecondary institution eligible to participate
367 in the dual enrollment program pursuant to s. 1011.62(1)(i) must
368 enter into a private school articulation agreement with each
369 eligible private school in its geographic service area seeking
370 to offer dual enrollment courses to its students, including, but
371 not limited to, students with disabilities. By August 1 of each
372 year, the eligible postsecondary institution shall complete and
373 submit the private school articulation agreement to the
374 Department of Education. The private school articulation
375 agreement must include, at a minimum:
376 1. A delineation of courses and programs available to the
377 private school student. The postsecondary institution may add,
378 revise, or delete courses and programs at any time.
379 2. The initial and continued eligibility requirements for
380 private school student participation, not to exceed those
381 required of other dual enrollment students.
382 3. The student's responsibilities for providing his or her
383 own instructional materials and transportation.
384 4. A provision clarifying that the private school will
385 award appropriate credit toward high school completion for the
386 postsecondary course under the dual enrollment program.
387 5. A provision expressing that costs associated with
388 tuition and fees, including registration, and laboratory fees,
389 will not be passed along to the student.
390 6. A provision stating whether the private school will
391 compensate the postsecondary institution for the standard
392 tuition rate per credit hour for each dual enrollment course
393 taken by its students Postsecondary institutions may enter into
394 dual enrollment articulation agreements with private secondary
395 schools pursuant to subsection (2).
396 (25) For students with disabilities, a postsecondary
397 institution eligible to participate in dual enrollment pursuant
398 to s. 1011.62(1)(i) shall include in its dual enrollment
399 articulation agreement, services and resources that are
400 available to students with disabilities who register in a dual
401 enrollment course at the eligible institution and provide
402 information regarding such services and resources to the Florida
403 Center for Students with Unique Abilities. The Department of
404 Education shall provide to the center the Internet website link
405 to dual enrollment articulation agreements specific to students
406 with disabilities. The center shall include in the information
407 that it is responsible for disseminating to students with
408 disabilities and their parents pursuant to s. 1004.6495, dual
409 enrollment articulation agreements and opportunities for
410 meaningful campus experience through dual enrollment.
411 Section 5. Subsection (4) of section 1011.61, Florida
412 Statutes, is amended to read:
413 1011.61 Definitions.—Notwithstanding the provisions of s.
414 1000.21, the following terms are defined as follows for the
415 purposes of the Florida Education Finance Program:
416 (4) The maximum value for funding a student in kindergarten
417 through grade 12 or in a prekindergarten program for exceptional
418 children as provided in s. 1003.21(1)(e) shall be the sum of the
419 calculations in paragraphs (a), (b), and (c) as calculated by
420 the department.
421 (a) The sum of the student’s full-time equivalent student
422 membership value for the school year or the equivalent derived
423 from paragraphs (1)(a) and (b), subparagraph (1)(c)1., sub
424 subparagraphs (1)(c)2.b. and c., subparagraph (1)(c)3., and
425 subsection (2). If the sum is greater than 1.0, the full-time
426 equivalent student membership value for each program or course
427 shall be reduced by an equal proportion so that the student’s
428 total full-time equivalent student membership value is equal to
430 (b) If the result in paragraph (a) is less than 1.0 full
431 time equivalent student and the student has full-time equivalent
432 student enrollment pursuant to sub-sub-subparagraph
433 (1)(c)1.b.(VIII), calculate an amount that is the lesser of the
434 value in sub-sub-subparagraph (1)(c)1.b.(VIII) or the value of
435 1.0 less the value in paragraph (a).
436 (c) The full-time equivalent student enrollment value in
437 sub-subparagraph (1)(c)2.a.
439 A scholarship award provided to a student enrolled in the John
440 M. McKay Scholarships for Students with Disabilities Program
441 pursuant to s. 1002.39 is not subject to the maximum value for
442 funding a student under this subsection.
443 Section 6. Except as otherwise expressly provided in this
444 act, this act shall take effect July 1, 2016.
446 ================= T I T L E A M E N D M E N T ================
447 And the title is amended as follows:
448 Delete everything before the enacting clause
449 and insert:
450 A bill to be entitled
451 An act relating to education programs for individuals
452 with disabilities; amending s. 1002.39, F.S.;
453 exempting a foster child from specified eligibility
454 provisions; providing that a student enrolled in a
455 transition-to-work program is eligible for a John M.
456 McKay Scholarship; creating a transition-to-work
457 program for specific students enrolled in the John M.
458 McKay Scholarships for Students with Disabilities
459 Program; providing program requirements; providing
460 participation requirements for schools, students, and
461 businesses; exempting a John M. McKay Scholarship
462 award from a specified funding calculation; amending
463 s. 1002.41, F.S.; authorizing a school district to
464 provide exceptional student education-related services
465 to certain home education program students; requiring
466 reporting and funding through the Florida Education
467 Finance Program; amending s. 1004.935, F.S.; deleting
468 the scheduled termination of the Adults with
469 Disabilities Workforce Education Pilot Program;
470 changing the name of the program to the “Adults with
471 Disabilities Workforce Education Program”; amending s.
472 1007.271, F.S.; requiring a home education secondary
473 student to be responsible for his or her own
474 instructional materials and transportation in order to
475 participate in the dual enrollment program unless the
476 articulation agreement provides otherwise; requiring a
477 postsecondary institution eligible to participate in
478 the dual enrollment program to enter into a home
479 education articulation agreement; requiring the
480 postsecondary institution to annually complete and
481 submit the agreement to the Department of Education by
482 a specified date; conforming provisions to changes
483 made by the act; requiring a district school board and
484 a Florida College System institution to annually
485 complete and submit to the department by a specified
486 date a dual enrollment articulation agreement with a
487 state university or an eligible independent college or
488 university, as applicable; providing requirements for
489 a private school student to participate in a dual
490 enrollment program; requiring a postsecondary
491 institution to annually complete and submit the
492 articulation agreement to the department by a
493 specified date; requiring specified information to be
494 included in dual enrollment articulation agreements
495 and disseminated to students with disabilities;
496 amending s. 1011.61, F.S.; exempting a John M. McKay
497 Scholarship award from a specified funding calculation
498 for purposes of the Florida Education Finance Program;
499 providing effective dates.