CODING: Words stricken are deletions; words underlined are additions.
                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 701, 2nd Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________
  5                                           ORIGINAL STAMP BELOW
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10  ______________________________________________________________
11  Representative(s) Wise offered the following:
12
13         Amendment to Senate Amendment (743086) (with title
14  amendment) 
15         On page 4, line 7 through page 6, line 21,
16  remove from the amendment:  all of said lines
17
18  and insert in lieu thereof:
19         Section 3. Section 236.025, Florida Statutes, is
20  amended to read:
21         236.025  Revised funding model for exceptional student
22  education programs.--
23         (1)  The revised funding model for exceptional student
24  education programs is designed to:  be better for students
25  than the existing funding system by encouraging school
26  districts and schools to identify and implement educationally
27  effective instructional delivery models; simplify funding by
28  utilizing two five weighted cost factors and a guaranteed
29  allocation; provide fiscal support for exceptional students in
30  general education classes; be outcome driven; and be revenue
31  neutral; and reduce the paperwork burden associated with state
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                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 701, 2nd Eng.
    Amendment No. ___ (for drafter's use only)
  1  funding. This funding model is designed to support both
  2  traditional and new service delivery models along the
  3  continuum of services required for exceptional students. It is
  4  the intent of the Legislature, through the General
  5  Appropriations Act, to minimize the fiscal impact on school
  6  districts of the implementation of this funding model.
  7         (2)(a)  The revised funding model uses existing basic,
  8  at-risk, and vocational five Florida Education Finance Program
  9  cost factors, two exceptional education cost factors, and a
10  guaranteed allocation for exceptional student education
11  programs. Exceptional education cost factors are determined by
12  using a matrix of services to document the services that each
13  exceptional student will receive. The nature and intensity of
14  the services indicated on the matrix shall be consistent with
15  the services described in each exceptional student's
16  individual education plan.
17         (b)  In order to generate funds using one of the two
18  weighted cost factors, a matrix of services must be completed
19  at the time of the student's initial placement into an
20  exceptional student education program and at least once every
21  3 years least once each year by public school personnel who
22  have received approved training. Additionally, each time an
23  exceptional student's individual education plan, family
24  support plan, or education plan is reviewed, the matrix of
25  services must also be reviewed. Nothing listed in the matrix
26  shall be construed as limiting the services a school district
27  must provide in order to ensure that exceptional students are
28  provided a free, appropriate public education.
29         (c)  Students identified as exceptional, in accordance
30  with chapter 6A-6, Florida Administrative Code, who do not
31  have a matrix of services as specified in paragraph (b) shall
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                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 701, 2nd Eng.
    Amendment No. ___ (for drafter's use only)
  1  generate funds on the basis of full-time-equivalent student
  2  membership in the Florida Education Finance Program at the
  3  same funding level per student as provided for basic students.
  4  Additional funds for these exceptional students will be
  5  provided through the guaranteed allocation designated in
  6  subsection (3).
  7         (3)  For students identified as exceptional who do not
  8  have a matrix of services, there is created a guaranteed
  9  allocation to provide these students with a free appropriate
10  public education, in accordance with s. 230.23(4)(m) and rules
11  of the state board, which shall be allocated annually to each
12  school district in the amount provided in the General
13  Appropriations Act. These funds shall be in addition to the
14  funds appropriated on the basis of full-time-equivalent
15  student membership in the Florida Education Finance Program,
16  and the amount allocated for each school district shall not be
17  recalculated during the year. These funds shall be used to
18  provide special education and related services for exceptional
19  students.
20         (4)(3)  The Department of Education shall revise its
21  monitoring systems for exceptional student education programs
22  to include a review of delivery of services as indicated on
23  the matrix of services.
24         (5)(4)  The Department of Education shall adopt
25  promulgate rules necessary to implement the revised funding
26  model.
27         (5)  The funding level in the 1997-1998 FEFP for
28  exceptional student education shall be guaranteed for 3 years
29  so that no district will have a financial uncertainty during
30  the initial implementation of the revised funding model.
31         Section 4. Paragraphs (c), (d), and (h) of subsection
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                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 701, 2nd Eng.
    Amendment No. ___ (for drafter's use only)
  1  (1) and paragraph (d) of subsection (4) of section 236.081,
  2  Florida Statutes, are amended to read:
  3         236.081  Funds for operation of schools.--If the annual
  4  allocation from the Florida Education Finance Program to each
  5  district for operation of schools is not determined in the
  6  annual appropriations act or the substantive bill implementing
  7  the annual appropriations act, it shall be determined as
  8  follows:
  9         (1)  COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
10  OPERATION.--The following procedure shall be followed in
11  determining the annual allocation to each district for
12  operation:
13         (c)  Determination of programs.--Cost factors based on
14  desired relative cost differences between the following
15  programs shall be established in the annual General
16  Appropriations Act. The Commissioner of Education shall
17  specify a matrix of services and intensity levels to be used
18  by districts in the determination of the two weighted cost
19  factors for exceptional students with the highest levels of
20  need. For these students, the funding support level shall fund
21  the exceptional students' education program, with the
22  exception of extended school year services for students with
23  disabilities. funding support for each exceptional student.
24  The funding support level for each exceptional student shall
25  fund the exceptional student's total education program.
26         1.  Basic programs.--
27         a.  Kindergarten and grades 1, 2, and 3.
28         b.  Grades 4, 5, 6, 7, and 8.
29         c.  Grades 9, 10, 11, and 12.
30         2.  Programs for exceptional students.--
31         a.  Support Level I.
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                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 701, 2nd Eng.
    Amendment No. ___ (for drafter's use only)
  1         b.  Support Level II.
  2         c.  Support Level III.
  3         a.d.  Support Level IV.
  4         b.e.  Support Level V.
  5         3.  Secondary career education programs.--
  6         4.  Students-at-risk programs.--
  7         a.  Dropout prevention and teenage parents.
  8         4.b.  English for Speakers of Other Languages.--
  9         (d)  Annual allocation calculation.--
10         1.  The Department of Education is authorized and
11  directed to review all district programs and enrollment
12  projections and calculate a maximum total weighted full-time
13  equivalent student enrollment for each district for the K-12
14  FEFP.
15         2.  Maximum enrollments calculated by the department
16  shall be derived from enrollment estimates used by the
17  Legislature to calculate the FEFP.  If two or more districts
18  enter into an agreement under the provisions of s.
19  230.23(4)(d), after the final enrollment estimate is agreed
20  upon, the amount of FTE specified in the agreement, not to
21  exceed the estimate for the specific program as identified in
22  paragraph (c), may be transferred from the participating
23  districts to the district providing the program.
24         3.  As part of its calculation of each district's
25  maximum total weighted full-time equivalent student
26  enrollment, the department shall establish separate enrollment
27  ceilings for each of two program groups. Group 1 shall be
28  composed of grades K-3, grades 4-8, and grades 9-12. Group 2
29  shall be composed of students in exceptional student education
30  programs, English for Speakers of Other Languages
31  students-at-risk programs, all basic programs other than the
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                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 701, 2nd Eng.
    Amendment No. ___ (for drafter's use only)
  1  programs in group 1, and all vocational programs in grades
  2  7-12.
  3         a.  The weighted enrollment ceiling for group 2
  4  programs shall be calculated by multiplying the final
  5  enrollment conference estimate for each program by the
  6  appropriate program weight.  The weighted enrollment ceiling
  7  for program group 2 shall be the sum of the weighted
  8  enrollment ceilings for each program in the program group,
  9  plus the increase in weighted full-time equivalent student
10  membership from the prior year for clients of the Department
11  of Children and Family Services and the Department of Juvenile
12  Justice.
13         b.  If, for any calculation of the FEFP, the weighted
14  enrollment for program group 2, derived by multiplying actual
15  enrollments by appropriate program weights, exceeds the
16  enrollment ceiling for that group, the following procedure
17  shall be followed to reduce the weighted enrollment for that
18  group to equal the enrollment ceiling:
19         (I)  The weighted enrollment ceiling for each program
20  in the program group shall be subtracted from the weighted
21  enrollment for that program derived from actual enrollments.
22         (II)  If the difference calculated under
23  sub-sub-subparagraph (I) is greater than zero for any program,
24  a reduction proportion shall be computed for the program by
25  dividing the absolute value of the difference by the total
26  amount by which the weighted enrollment for the program group
27  exceeds the weighted enrollment ceiling for the program group.
28         (III)  The reduction proportion calculated under
29  sub-sub-subparagraph (II) shall be multiplied by the total
30  amount of the program group's enrollment over the ceiling as
31  calculated under sub-sub-subparagraph (I).
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                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 701, 2nd Eng.
    Amendment No. ___ (for drafter's use only)
  1         (IV)  The prorated reduction amount calculated under
  2  sub-sub-subparagraph (III) shall be subtracted from the
  3  program's weighted enrollment.  For any calculation of the
  4  FEFP, the enrollment ceiling for group 1 shall be calculated
  5  by multiplying the actual enrollment for each program in the
  6  program group by its appropriate program weight.
  7         c.  For program group 2, the weighted enrollment
  8  ceiling shall be a number not less than the sum obtained by:
  9         (I)  Multiplying the sum of reported FTE for all
10  programs in the program group that have a cost factor of 1.0
11  or more by 1.0, and
12         (II)  By adding this number to the sum obtained by
13  multiplying the projected FTE for all programs with a cost
14  factor less than 1.0 by the actual cost factor.
15         4.  Following completion of the weighted enrollment
16  ceiling calculation as provided in subparagraph 3., a
17  supplemental capping calculation shall be employed for those
18  districts that are over their weighted enrollment ceiling. For
19  each such district, the total reported unweighted FTE
20  enrollment for group 2 programs shall be compared with the
21  total appropriated unweighted FTE enrollment for group 2
22  programs. If the total reported unweighted FTE for group 2 is
23  greater than the appropriated unweighted FTE, then the excess
24  unweighted FTE up to the unweighted FTE transferred from group
25  2 to group 1 for each district by the Public School FTE
26  Estimating Conference shall be funded at a weight of 1.0 and
27  added to the funded weighted FTE computed in subparagraph 3.
28  This adjustment shall be calculated beginning with the third
29  calculation of the 1998-1999 FEFP.
30         (h)  Coenrollment Instruction outside required number
31  of school days.--Students in grades 9 through 12 may be
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                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 701, 2nd Eng.
    Amendment No. ___ (for drafter's use only)
  1  counted as full-time equivalent students for instruction
  2  provided outside the required school days or year if such
  3  instruction counts as credit toward high school graduation.
  4  However, If a high school student wishes to earn high school
  5  credits from a community college and enrolls in one or more
  6  adult secondary education courses at the community college,
  7  the community college shall be reimbursed for the costs
  8  incurred because of the high school student's coenrollment as
  9  provided in the General Appropriations Act.
10         (4)  COMPUTATION OF DISTRICT REQUIRED LOCAL
11  EFFORT.--The Legislature shall prescribe the aggregate
12  required local effort for all school districts collectively as
13  an item in the General Appropriations Act for each fiscal
14  year. The amount that each district shall provide annually
15  toward the cost of the Florida Education Finance Program for
16  kindergarten through grade 12 programs shall be calculated as
17  follows:
18         (d)  Exclusion.--
19         1.  In those instances in which:
20         a.1.  There is litigation either attacking the
21  authority of the property appraiser to include certain
22  property on the tax assessment roll as taxable property or
23  contesting the assessed value of certain property on the tax
24  assessment roll, and
25         b.2.  The assessed value of the property in contest
26  involves more than 6 percent of the total nonexempt assessment
27  roll, the plaintiff shall provide to the district school board
28  of the county in which the property is located and to the
29  Department of Education a certified copy of the petition and
30  receipt for the good faith payment at the time they are filed
31  with the court.
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                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 701, 2nd Eng.
    Amendment No. ___ (for drafter's use only)
  1
  2  the assessed value of the property in contest shall be
  3  excluded from the taxable value for school purposes for
  4  purposes of computing the district required local effort.
  5         2.  For purposes of computing the required local effort
  6  for each district affected by such petition, the Department of
  7  Education shall exclude from the district's total nonexempt
  8  assessment roll the assessed value of the property in contest
  9  and shall add the amount of the good faith payment to the
10  district's required local effort.
11         Section 5. Paragraph (b) of subsection (2) and
12  paragraph (a) of subsection (3) of section 237.34, Florida
13  Statutes, are amended to read:
14         237.34  Cost accounting and reporting.--
15         (2)  COST REPORTING.--
16         (b)  Each district shall report on a school-by-school
17  and on an aggregate district basis expenditures for each
18  program funded in s. 236.081(1)(c), except that programs for
19  exceptional students shall be reported on an aggregate basis.
20         (3)  PROGRAM EXPENDITURE REQUIREMENTS.--
21         (a)  Each district shall expend at least the percent of
22  the funds generated by each of the programs listed herein on
23  the aggregate total school costs for such programs:
24         1.  Kindergarten and grades 1, 2, and 3, 90 percent.
25         2.  Grades 4, 5, 6, 7, and 8, 80 percent.
26         3.  Grades 9, 10, 11, and 12, 80 percent.
27         4.  Programs for exceptional students, on an aggregate
28  program basis, 90 80 percent.
29         5.  Grades 7 through 12 vocational education programs,
30  on an aggregate program basis, 80 percent.
31         6.  Students-at-risk programs, on an aggregate program
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                                                   HOUSE AMENDMENT
                                      Bill No. CS/HB 701, 2nd Eng.
    Amendment No. ___ (for drafter's use only)
  1  basis, 80 percent.
  2         7.  Juvenile justice programs, on an aggregate program
  3  basis, 80 percent.
  4         8.  Any new program established and funded under s.
  5  236.081(1)(c), that is not included under subparagraphs 1.
  6  through 6., on an aggregate basis as appropriate, 80 percent.
  7
  8
  9  ================ T I T L E   A M E N D M E N T ===============
10  And the title is amended as follows:
11         On page 11, line 2 after the first semicolon through
12  line 4, of the amendment
13  remove:  all of said lines
14
15  and insert in lieu thereof:
16         amending s. 236.025, F.S.; revising funding for
17         exceptional student education programs;
18         amending s. 236.081, F.S.; revising funding for
19         exceptional student education programs;
20         revising provisions relating to instruction
21         outside the required number of school days;
22         revising the exclusion provisions of the
23         computation of district required local effort;
24         requiring plaintiffs to provide the district
25         school board and the Department of Education
26         certain documentation in litigation affecting
27         the assessed value of real property above a
28         specified amount; amending s. 237.34, F.S.;
29         revising reporting requirements of exceptional
30         student education programs; amending s.
31         229.05371,
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