CS/HB 1505

1
A bill to be entitled
2An act relating to education programs for children with
3disabilities; amending s. 1002.39, F.S.; revising
4provisions relating to the John M. McKay Scholarships for
5Students with Disabilities Program; authorizing students
6who receive certain services under the Voluntary
7Prekindergarten Education Program to receive a John M.
8McKay Scholarship; authorizing the Commissioner of
9Education to deny, suspend, or revoke a private school's
10participation in the scholarship program if the owner or
11operator of such school has operated an educational
12institution in this state or another in a manner contrary
13to the health, safety, or welfare of the public; providing
14factors for the commissioner to consider in making a
15determination; providing a definition for the term "owner
16or operator"; conforming cross-references; amending s.
171002.51, F.S.; providing definitions for the terms
18"disability" and "specialized instructional services
19provider" for purposes of the Voluntary Prekindergarten
20Education Program; amending s. 1002.53, F.S.; providing
21that a parent may enroll his or her child in a specialized
22instructional services program for children who have
23disabilities if the child is eligible for the Voluntary
24Prekindergarten Education Program; creating s. 1002.66,
25F.S.; establishing specialized instructional services for
26children with disabilities; providing eligibility criteria
27for such services; requiring that such services be
28delivered in accordance with certain standards; requiring
29that the Department of Education approve specialized
30instructional service providers; authorizing the
31expenditure of funds for specialized instructional
32services; amending s. 1002.71, F.S.; revising provisions
33for the funding of a child receiving specialized
34instructional services to conform to changes made by the
35act; amending s. 1002.73, F.S.; requiring that the
36Department of Education adopt procedures for approving
37specialized instructional services providers; amending s.
381002.75, F.S.; requiring that the Agency for Workforce
39Innovation adopt procedures for enrolling children in and
40determining the eligibility of children for the Voluntary
41Prekindergarten Education Program and paying specialized
42instructional services providers; providing an effective
43date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  Subsection (2), paragraph (a) of subsection
48(7), and paragraphs (a), (c), and (d) of subsection (10) of
49section 1002.39, Florida Statutes, are amended to read:
50     1002.39  The John M. McKay Scholarships for Students with
51Disabilities Program.-There is established a program that is
52separate and distinct from the Opportunity Scholarship Program
53and is named the John M. McKay Scholarships for Students with
54Disabilities Program.
55     (2)  JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.-The parent of a
56public school student with a disability who is dissatisfied with
57the student's progress may request and receive
58John M. McKay Scholarship for the child to enroll in and attend
59a private school in accordance with this section if:
60     (a)  The student has:
61     1.  Received specialized instructional services under the
62Voluntary Prekindergarten Education Program pursuant to s.
631002.66 during the previous school year and the student has a
64current individual educational plan developed by the local
65school board in accordance with rules of the State Board of
66Education for the John M. McKay Scholarships for Students with
67Disabilities Program;
68     2.  Spent the prior school year in attendance at a Florida
69public school or the Florida School for the Deaf and the Blind.
70For purposes of this subparagraph, prior school year in
71attendance means that the student was:
72     1.  enrolled and reported by:
73     a.  A school district for funding during the preceding
74October and February Florida Education Finance Program surveys
75in kindergarten through grade 12, which includes shall include
76time spent in a Department of Juvenile Justice commitment
77program if funded under the Florida Education Finance Program;
78     b.2.  Enrolled and reported by The Florida School for the
79Deaf and the Blind during the preceding October and February
80student membership surveys in kindergarten through grade 12; or
81     c.3.  Enrolled and reported by A school district for
82funding during the preceding October and February Florida
83Education Finance Program surveys, was at least 4 years of age
84old when so enrolled and reported, and was eligible for services
85under s. 1003.21(1)(e); or.
86     3.  Been enrolled and reported by a school district for
87funding, during the October and February Florida Education
88Finance Program surveys, in any of the 5 years prior to the
892010-2011 fiscal year; has a current individualized educational
90plan developed by the district school board in accordance with
91rules of the State Board of Education for the John M. McKay
92Scholarship Program no later than June 30, 2011; and receives a
93first-time John M. McKay scholarship for the 2011-2012 school
94year. Upon request of the parent, the local school district
95shall complete a matrix of services as required in subparagraph
96(5)(b)1. for a student requesting a current individualized
97educational plan in accordance with the provisions of this
98subparagraph.
99
100However, a dependent child of a member of the United States
101Armed Forces who transfers to a school in this state from out of
102state or from a foreign country due to pursuant to a parent's
103permanent change of station orders is exempt from this paragraph
104but must meet all other eligibility requirements to participate
105in the program.
106     (b)  The parent has obtained acceptance for admission of
107the student to a private school that is eligible for the program
108under subsection (8) and has requested from the department a
109scholarship at least 60 days before prior to the date of the
110first scholarship payment. The request must be communicated
111through a communication directly to the department in a manner
112that creates a written or electronic record of the request and
113the date of receipt of the request. The department of Education
114must notify the district of the parent's intent upon receipt of
115the parent's request.
116     (7)  COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.-
117     (a)  The Commissioner of Education:
118     1.  Shall deny, suspend, or revoke a private school's
119participation in the scholarship program if it is determined
120that the private school has failed to comply with the provisions
121of this section. However, if in instances in which the
122noncompliance is correctable within a reasonable amount of time
123and if in which the health, safety, or welfare of the students
124is not threatened, the commissioner may issue a notice of
125noncompliance which provides shall provide the private school
126with a timeframe within which to provide evidence of compliance
127before prior to taking action to suspend or revoke the private
128school's participation in the scholarship program.
129     2.  May deny, suspend, or revoke a private school's
130participation in the scholarship program if the commissioner
131determines that an owner or operator of the private school is
132operating or has operated an educational institution in this
133state or in another state or jurisdiction in a manner contrary
134to the health, safety, or welfare of the public.
135     a.  In making such a determination, the commissioner may
136consider factors that include, but are not limited to, acts or
137omissions by an owner or operator which led to a previous denial
138or revocation of participation in an education scholarship
139program; an owner's or operator's failure to reimburse the
140Department of Education for scholarship funds improperly
141received or retained by a school; imposition of a prior criminal
142sanction related to an owner's or operator's management or
143operation of an educational institution; imposition of a civil
144fine or administrative fine, license revocation or suspension,
145or program eligibility suspension, termination, or revocation
146related to an owner's or operator's management or operation of
147an educational institution; or other types of criminal
148proceedings in which an owner or operator was found guilty of,
149regardless of adjudication, or entered a plea of nolo contendere
150or guilty to, any offense involving fraud, deceit, dishonesty,
151or moral turpitude.
152     b.  For purposes of this subparagraph, the term "owner or
153operator" includes an owner, operator, superintendent, or
154principal of, or a person who has equivalent decisionmaking
155authority over, a private school participating in the
156scholarship program.
157     (10)  JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.-
158     (a)1.  The maximum scholarship granted for an eligible
159student with disabilities shall be a calculated amount
160equivalent to the base student allocation in the Florida
161Education Finance Program multiplied by the appropriate cost
162factor for the educational program that would have been provided
163for the student in the district school to which he or she was
164assigned, multiplied by the district cost differential.
165     2.  In addition, a share of the guaranteed allocation for
166exceptional students shall be determined and added to the
167calculated amount in subparagraph 1. The calculation shall be
168based on the methodology and the data used to calculate the
169guaranteed allocation for exceptional students for each district
170in chapter 2000-166, Laws of Florida. Except as provided in
171subparagraphs 3. and 4., the calculation shall be based on the
172student's grade, matrix level of services, and the difference
173between the 2000-2001 basic program and the appropriate level of
174services cost factor, multiplied by the 2000-2001 base student
175allocation and the 2000-2001 district cost differential for the
176sending district. Also, The calculated amount shall include the
177per-student share of supplemental academic instruction funds,
178instructional materials funds, technology funds, and other
179categorical funds as provided for such purposes in the General
180Appropriations Act.
181     3.  The calculated scholarship amount for a student who is
182eligible under sub-subparagraph (2)(a)2.b. subparagraph (2)(a)2.
183shall be calculated as provided in subparagraphs 1. and 2.
184However, the calculation shall be based on the school district
185in which the parent resides at the time of the scholarship
186request.
187     4.  Until the school district completes the matrix required
188by paragraph (5)(b), the calculation shall be based on the
189matrix that assigns the student to support level I of service as
190it existed prior to the 2000-2001 school year. When the school
191district completes the matrix, the amount of the payment shall
192be adjusted as needed.
193     (c)1.  The school district shall report all students who
194are attending a private school under this program. The students
195with disabilities attending private schools on John M. McKay
196Scholarships shall be reported separately from other students
197reported for purposes of the Florida Education Finance Program.
198     2.  For program participants who are eligible under sub-
199subparagraph (2)(a)2.b. subparagraph (2)(a)2., the school
200district that is used as the basis for the calculation of the
201scholarship amount as provided in subparagraph (a)3. shall:
202     a.  Report to the department all such students who are
203attending a private school under this program.
204     b.  Be held harmless for such students from the weighted
205enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.b.
206during the first school year in which the students are reported.
207     (d)  Following notification on July 1, September 1,
208December 1, or February 1 of the number of program participants,
209the department shall transfer, from General Revenue funds only,
210the amount calculated under paragraph (b) from the school
211district's total funding entitlement under the Florida Education
212Finance Program and from authorized categorical accounts to a
213separate account for the scholarship program for quarterly
214disbursement to the parents of participating students. Funds may
215not be transferred from any funding provided to the Florida
216School for the Deaf and the Blind for program participants who
217are eligible under sub-subparagraph (2)(a)2.b. subparagraph
218(2)(a)2. For a student exiting a Department of Juvenile Justice
219commitment program who chooses to participate in the scholarship
220program, the amount of the John M. McKay Scholarship calculated
221pursuant to paragraph (b) shall be transferred from the school
222district in which the student last attended a public school
223before prior to commitment to the Department of Juvenile
224Justice. When a student enters the scholarship program, the
225department must receive all documentation required for the
226student's participation, including the private school's and the
227student's fee schedules, at least 30 days before the first
228quarterly scholarship payment is made for the student.
229     Section 2.  Present subsections (2) through (5) of section
2301002.51, Florida Statutes, are redesignated as subsections (4)
231through (7), respectively, and new subsections (2) and (3) are
232added to that section, to read:
233     1002.51  Definitions.-As used in this part, the term:
234     (2)  "Disability" means any disability listed in the
235definition of exceptional student in s. 1003.01.
236     (3)  "Specialized instructional services provider" means a
237provider delivering specialized instructional services under s.
2381002.66.
239     Section 3.  Subsections (1) and (3) of section 1002.53,
240Florida Statutes, are amended to read:
241     1002.53  Voluntary Prekindergarten Education Program;
242eligibility and enrollment.-
243     (1)  There is created The Voluntary Prekindergarten
244Education Program is created and. The program shall take effect
245in each county at the beginning of the 2005-2006 school year and
246shall be organized, designed, and delivered in accordance with
247s. 1(b) and (c), Art. IX of the State Constitution.
248     (3)  The parent of each child eligible under subsection (2)
249may enroll the child in one of the following programs:
250     (a)  A school-year prekindergarten program delivered by a
251private prekindergarten provider under s. 1002.55;
252     (b)  A summer prekindergarten program delivered by a public
253school or private prekindergarten provider under s. 1002.61; or
254     (c)  A school-year prekindergarten program delivered by a
255public school; or
256     (d)  A specialized instructional services program for
257children who have disabilities, if the child has been evaluated
258and determined as eligible, has a current individual educational
259plan developed by the local school board, and is eligible for
260the program under s. 1002.66.
261
262Except as provided in s. 1002.71(4), a child may not enroll in
263more than one of these programs.
264     Section 4.  Section 1002.66, Florida Statutes, is created
265to read:
266     1002.66  Specialized instructional services for children
267with disabilities.-
268     (1)  Beginning with the 2012-2013 school year, a child who
269has a disability and enrolls with the early learning coalition
270under s. 1002.53(3)(d) is eligible for specialized instructional
271services if:
272     (a)  The child is eligible for the Voluntary
273Prekindergarten Education Program under s. 1002.53; and
274     (b)  A current individual educational plan has been
275developed for the child by the local school board in accordance
276with rules of the State Board of Education.
277     (2)  The parent of a child who is eligible for the
278prekindergarten program for children with disabilities may
279select one or more specialized instructional services that are
280consistent with the child's individual educational plan. These
281specialized instructional services may include, but are not
282limited to:
283     (a)  Applied behavior analysis as defined in ss. 627.6686
284and 641.31098.
285     (b)  Speech-language pathology as defined in s. 468.1125.
286     (c)  Occupational therapy as defined in s. 468.203.
287     (d)  Physical therapy as defined is s. 486.021.
288     (3)  The specialized instructional services provided for a
289child under this section must be delivered according to
290professionally accepted standards; must be in accordance with
291the performance standards adopted by the department under s.
2921002.67; and must address the age-appropriate progress of the
293child in the development of the capabilities, capacities, and
294skills required under s. 1(b), Art. IX of the State
295Constitution.
296     (4)  The department shall approve specialized instructional
297service providers whose services meet the standards in
298subsection (3), maintain a list of approved providers, and
299notify each school district and early learning coalition of the
300approved provider list. Upon the request of a child's parent,
301the department may approve a specialized instructional service
302provider that is not on the approved list if the provider's
303services meet the standards in subsection (3) and the service is
304consistent with the child's individual educational plan.
305     (5)  The coalition shall reimburse an approved specialized
306instructional service provider for authorized services provided
307to an eligible child; however, the cumulative total of services
308reimbursed for a child may not exceed the amount of the base
309student allocation provided in the Voluntary Prekindergarten
310Education Program in the General Appropriations Act. Providers
311shall be reimbursed from funds allocated to the early learning
312coalition for the Voluntary Prekindergarten Education Program.
313     Section 5.  Paragraph (a) of subsection (4) of section
3141002.71, Florida Statutes, is amended to read:
315     1002.71  Funding; financial and attendance reporting.-
316     (4)  Notwithstanding s. 1002.53(3) and subsection (2):
317     (a)  A child who, for any of the prekindergarten programs
318listed in s. 1002.53(3), has not completed more than 70 percent
319of the hours authorized to be reported for funding under
320subsection (2), or has not expended more than 70 percent of the
321funds authorized for the child under s. 1002.66, may withdraw
322from the program for good cause and reenroll in one of the
323programs. The total funding for a child who reenrolls in one of
324the programs for good cause may not exceed one full-time
325equivalent student. Funding for a child who withdraws and
326reenrolls in one of the programs for good cause shall be issued
327in accordance with the agency's uniform attendance policy
328adopted pursuant to paragraph (6)(d).
329
330A child may reenroll only once in a prekindergarten program
331under this section. A child who reenrolls in a prekindergarten
332program under this subsection may not subsequently withdraw from
333the program and reenroll. The Agency for Workforce Innovation
334shall establish criteria specifying whether a good cause exists
335for a child to withdraw from a program under paragraph (a),
336whether a child has substantially completed a program under
337paragraph (b), and whether an extreme hardship exists which is
338beyond the child's or parent's control under paragraph (b).
339     Section 6.  Subsection (2) of section 1002.73, Florida
340Statutes, is amended to read:
341     1002.73  Department of Education; powers and duties;
342accountability requirements.-
343     (2)  The department shall adopt procedures for its the
344department's:
345     (a)  Approval of prekindergarten director credentials under
346ss. 1002.55 and 1002.57.
347     (b)  Approval of emergent literacy training courses under
348ss. 1002.55 and 1002.59.
349     (c)  Administration of the statewide kindergarten screening
350and calculation of kindergarten readiness rates under s.
3511002.69.
352     (d)  Approval of specialized instructional services
353providers under s. 1002.66.
354     Section 7.  Subsection (3) of section 1002.75, Florida
355Statutes, is amended to read:
356     1002.75  Agency for Workforce Innovation; powers and
357duties; operational requirements.-
358     (3)  The Agency for Workforce Innovation shall adopt, in
359consultation with and subject to approval by the department,
360procedures governing the administration of the Voluntary
361Prekindergarten Education Program by the early learning
362coalitions and school districts for:
363     (a)  Approving improvement plans of private prekindergarten
364providers and public schools under s. 1002.67.
365     (b)  Placing private prekindergarten providers and public
366schools on probation and requiring corrective actions under s.
3671002.67.
368     (c)  Removing a private prekindergarten provider or public
369school from eligibility to deliver the program due to the
370provider's or school's remaining on probation beyond the time
371permitted under s. 1002.67.
372     (d)  Enrolling children in and determining the eligibility
373of children for the Voluntary Prekindergarten Education Program
374under s. 1002.66.
375     (e)  Paying specialized instructional services providers
376under s. 1002.66.
377     Section 8.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.