SB 7030                                    First Engrossed (ntc)
       
       
       
       
       
       
       
       
       20157030e1
       
    1                        A bill to be entitled                      
    2         An act relating to postsecondary education for
    3         students with disabilities; creating s. 1004.6501,
    4         F.S.; providing a short title; providing purposes and
    5         legislative intent; defining terms; establishing
    6         eligibility requirements for enrollment in the Florida
    7         Postsecondary Comprehensive Transition Program;
    8         requiring eligible institutions to make student
    9         eligibility determinations; establishing the Florida
   10         Center for Students with Unique Abilities; specifying
   11         the duties of the center and the center director;
   12         specifying application requirements for initial
   13         approval and renewal of approval; requiring an
   14         eligible institution with an approved program to
   15         submit an annual report to the center by a specified
   16         date; establishing a Florida Postsecondary
   17         Comprehensive Transition Program Scholarship for
   18         certain qualified students; specifying the
   19         requirements for a student to maintain eligibility for
   20         the scholarship; providing for the distribution of
   21         scholarship funds; requiring an eligible institution
   22         to report certain data and information to the center;
   23         requiring an eligible institution to certify and
   24         report the amount of funds disbursed and undisbursed
   25         advances to the center by a specified date; requiring
   26         the center, with the Board of Governors and the State
   27         Board of Education, to identify program progress and
   28         performance indicators; requiring an annual report to
   29         the Governor, the President of the Senate, the Speaker
   30         of the House of Representatives, the Chancellor of the
   31         State University System, and the Commissioner of
   32         Education by a specified date; requiring the center,
   33         with other stakeholders, to submit to the Governor,
   34         the President of the Senate, and the Speaker of the
   35         House of Representatives statutory or budget
   36         recommendations for the program; requiring the Board
   37         of Governors and the State Board of Education, in
   38         consultation with the center, to adopt regulations and
   39         rules; providing an effective date.
   40          
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Section 1004.6501, Florida Statutes, is created
   44  to read:
   45         1004.6501Florida Postsecondary Comprehensive Transition
   46  Program and the Florida Center for Students with Unique
   47  Abilities.—
   48         (1) SHORT TITLE.—This section shall be known and may be
   49  cited as the “Florida Postsecondary Comprehensive Transition
   50  Program Act.”
   51         (2)PURPOSE AND LEGISLATIVE INTENT.—The purpose of this
   52  section is to increase independent living, inclusive and
   53  experiential postsecondary education, and employment
   54  opportunities for students with intellectual disabilities
   55  through degree, certificate, or nondegree programs and to
   56  establish statewide coordination of the dissemination of
   57  information regarding programs and services for students with
   58  disabilities. It is the intent of the Legislature that students
   59  with intellectual disabilities and students with disabilities
   60  have access to meaningful postsecondary education credentials
   61  and a meaningful campus experience.
   62         (3)DEFINITIONS.—As used in this section, the term:
   63         (a)“Center” means the Florida Center for Students with
   64  Unique Abilities established under subsection (5).
   65         (b)“Director” means the director of the center.
   66         (c) “Eligible institution” means a state university; a
   67  Florida College System institution; a career center; a charter
   68  technical career center; or an independent college or university
   69  that is located and chartered in this state, is not for profit,
   70  is accredited by the Commission on Colleges of the Southern
   71  Association of Colleges and Schools, and is eligible to
   72  participate in the William L. Boyd, IV, Florida Resident Access
   73  Grant Program.
   74         (d)“Florida Postsecondary Comprehensive Transition Program
   75  Scholarship” or “scholarship” means the scholarship established
   76  under this section to provide state financial assistance awards
   77  to students who meet the student eligibility requirements
   78  specified in subsection (4) and are enrolled in an FPCTP.
   79         (e)“FPCTP” means a Florida Postsecondary Comprehensive
   80  Transition Program that is approved pursuant to paragraph (5)(b)
   81  and offered by an eligible institution.
   82         (f) “Transitional student” means a student who is 18 to 26
   83  years of age and meets the student eligibility requirements
   84  specified in subsection (4).
   85         (4)STUDENT ELIGIBILITY.—To be eligible to enroll in an
   86  FPCTP at an eligible institution, a student must, as determined
   87  by the institution, based on guidelines established by the
   88  center:
   89         (a)Be a “student with an intellectual disability” as that
   90  term is defined in 20 U.S.C. s. 1140(2), including, but not
   91  limited to, a transitional student.
   92         (b)Physically attend the eligible institution.
   93         (c)Submit to the eligible institution documentation
   94  regarding his or her intellectual disability. Such documentation
   95  may include, but not be limited to, a current individualized
   96  plan for employment associated with an evaluation completed
   97  pursuant to s. 413.20(3) or a diagnosis from a physician who is
   98  licensed under chapter 458 or chapter 459 or a psychologist
   99  licensed under chapter 490.
  100         (5)CENTER RESPONSIBILITIES.The Florida Center for
  101  Students with Unique Abilities is established within the
  102  University of Central Florida. At a minimum, the center shall:
  103         (a) Disseminate information to students with disabilities
  104  and their parents, including, but not limited to:
  105         1.Education programs, services, and resources that are
  106  available at eligible institutions.
  107         2.Supports, accommodations, technical assistance, or
  108  training provided by eligible institutions, the advisory council
  109  established pursuant to s. 383.141, and regional autism centers
  110  established pursuant to s. 1004.55.
  111         3.Mentoring, networking, and employment opportunities.
  112         (b) Coordinate and facilitate the statewide implementation
  113  of this section. The director of the center shall oversee the
  114  approval of the comprehensive transition programs.
  115  Notwithstanding the program approval requirements of s. 1004.03,
  116  the director shall review applications for the initial approval
  117  of an application for, or renewal of approval of, a
  118  comprehensive transition program proposed by an eligible
  119  institution. Within 30 days after receipt of an application, the
  120  director shall issue his or her recommendation regarding
  121  approval to the Chancellor of the State University System or the
  122  Commissioner of Education, as applicable, or shall give written
  123  notice to the applicant of any deficiencies in the application,
  124  which the eligible institution must be given an opportunity to
  125  correct. Within 15 days after receipt of a notice of
  126  deficiencies, the eligible institution shall, if the eligible
  127  institution seeks program approval, correct the application
  128  deficiencies and return the application to the center. Within 30
  129  days after receipt of a revised application, the director shall
  130  recommend approval or disapproval of the revised application to
  131  the chancellor or the commissioner, as applicable. Within 15
  132  days after receipt of the director’s recommendation for approval
  133  or disapproval, the chancellor or the commissioner shall approve
  134  or disapprove the recommendation. If the chancellor or the
  135  commissioner does not take action on the director’s
  136  recommendation within 15 days after receipt of such
  137  recommendation, the comprehensive transition program proposed by
  138  the institution shall be considered an FPCTP by default.
  139  Additionally, the director shall:
  140         1.Consult and collaborate with the National Center and the
  141  Coordinating Center, as identified in 20 U.S.C. s. 1140q,
  142  regarding guidelines established by the center for effective
  143  implementation of the programs for students with disabilities
  144  and for students with intellectual disabilities which align with
  145  the federal requirements and standards, quality indicators, and
  146  benchmarks identified by the National Center and the
  147  Coordinating Center.
  148         2.Consult and collaborate with the Higher Education
  149  Coordinating Council to identify meaningful credentials for
  150  FPCTPs and to engage businesses and stakeholders to promote
  151  experiential training and employment opportunities for students
  152  with intellectual disabilities.
  153         3.Create the application for the initial approval and
  154  renewal of approval as an FPCTP for use by an eligible
  155  institution which, at a minimum, must align with the federal
  156  comprehensive transition and postsecondary program application
  157  requirements.
  158         4.Establish requirements and timelines for the:
  159         a.Submission and review of an application.
  160         b.Approval or disapproval of an initial or renewal
  161  application. Initial approval of an application for an FPCTP
  162  that meets the requirements of subsection (6) is valid for the 3
  163  academic years immediately following the academic year during
  164  which the approval is granted. An eligible institution may
  165  submit an application to the center requesting that the initial
  166  approval be renewed. If the approval is granted and the FPCTP
  167  continues to meet the requirements of this section, including,
  168  but not limited to, program and student performance outcomes,
  169  and federal requirements, a renewal is valid for the 5 academic
  170  years immediately following the academic year during which the
  171  renewal is initially granted.
  172         c.Implementation of an FPCTP, beginning no later than the
  173  academic year immediately following the academic year during
  174  which the approval is granted.
  175         5. Administer scholarship funds.
  176         6. Oversee and report on the implementation and
  177  administration of this section by planning, advising, and
  178  evaluating approved degree, certificate, and nondegree programs
  179  and the performance of students and programs pursuant to
  180  subsection (8).
  181         (c) Provide technical assistance regarding programs and
  182  services for students with intellectual disabilities to
  183  administrators, instructors, staff, and others, as applicable,
  184  at eligible institutions by:
  185         1.Holding meetings and annual workshops to share
  186  successful practices and to address issues or concerns.
  187         2.Facilitating collaboration between eligible institutions
  188  and school districts, private schools pursuant to s. 1002.42,
  189  and parents of students enrolled in home education programs
  190  pursuant to s. 1002.41 in assisting students with intellectual
  191  disabilities and their parents to plan for the transition of
  192  such students into an FPCTP or another program at an eligible
  193  institution.
  194         3.Assisting eligible institutions with state FPCTP and
  195  federal comprehensive transition and postsecondary program
  196  applications.
  197         4.Assisting eligible institutions with the identification
  198  of funding sources for an FPCTP and for student financial
  199  assistance for students enrolled in an FPCTP.
  200         5.Monitoring federal and state law relating to the
  201  comprehensive transition program and notifying the Legislature,
  202  the Governor, the Board of Governors, and the State Board of
  203  Education of any change in law which may impact the
  204  implementation of this section.
  205         (6)INSTITUTION ELIGIBILITY AND RESPONSIBILITIES.
  206         (a) To offer an FPCTP, the president or executive director
  207  of an eligible institution, as applicable, must submit to the
  208  center, by a date established by the center, the following:
  209         1. An application for approval of a comprehensive
  210  transition program proposed by the eligible institution which
  211  must be approved by the institution’s governing board and must
  212  address the requirements of the federal comprehensive transition
  213  and postsecondary program under 20 U.S.C. s. 1140 and the
  214  requirements of this section, including, but not limited to:
  215         a. Identification of a credential associated with the
  216  proposed program, which is awarded to a student with an
  217  intellectual disability who meets the student eligibility
  218  requirements specified in subsection (4) upon completion of the
  219  FPCTP.
  220         b.The program length and design, including, at a minimum,
  221  inclusive and successful experiential education practices
  222  relating to curricular, assessment, and advising structure and
  223  internship and employment opportunities which must support
  224  students with intellectual disabilities who are seeking to
  225  continue academic, career and technical, and independent living
  226  instruction at an eligible institution, including, but not
  227  limited to, opportunities to earn industry certifications, to
  228  prepare students for gainful employment. If offering a college
  229  credit-bearing degree program, an institution shall be
  230  responsible for maintaining the rigor and effectiveness of a
  231  comprehensive transition degree program at the same level as
  232  another comparable degree program offered by the institution
  233  pursuant to the applicable accreditation standards.
  234         c.The plan for students with intellectual disabilities to
  235  be integrated socially and academically with nondisabled
  236  students, to the maximum extent possible, and to participate on
  237  not less than a half-time basis, as determined by the eligible
  238  institution, with such participation focusing on academic
  239  components and occurring through one or more of the following
  240  activities with nondisabled students:
  241         (I)Regular enrollment in credit-bearing courses offered by
  242  the institution.
  243         (II)Auditing or participating in courses offered by the
  244  institution for which the student does not receive academic
  245  credit.
  246         (III)Enrollment in noncredit-bearing, nondegree courses.
  247         (IV)Participation in internships or work-based training.
  248         d.The plan for partnerships with businesses to promote
  249  experiential training and employment opportunities for students
  250  with intellectual disabilities.
  251         e. Performance indicators pursuant to subsection (8) and
  252  other requirements identified by the center.
  253         f. A 5-year plan incorporating enrollment and operational
  254  expectations for the program.
  255         2. Documented evidence of a federally approved
  256  comprehensive transition and postsecondary program that is
  257  determined to be an eligible program for the federal student aid
  258  programs and is currently offered at the institution, documented
  259  evidence of the submission of an application for such federal
  260  approval of a comprehensive transition and postsecondary program
  261  proposed by the institution, or documentation demonstrating the
  262  commitment of the institution’s governing board to submit an
  263  application within the subsequent academic year for federal
  264  approval of a comprehensive transition and postsecondary program
  265  proposed by the institution pursuant to 20 U.S.C. s. 1140.
  266         (b)An eligible institution may submit an application to
  267  the center for approval pursuant to the requirements of this
  268  section for implementation of the FPCTP no later than the
  269  academic year immediately following the academic year during
  270  which the approval is granted. An eligible institution must
  271  submit a renewal application to the center no later than 3 years
  272  following the year during which the approval is initially
  273  granted.
  274         (c)By August 1 of each year, an eligible institution that
  275  has an FPCTP shall submit an annual report to the center which,
  276  at minimum, for the prior academic year, addresses the following
  277  performance indicators:
  278         1.Efforts to recruit students in the FPCTP and the number
  279  of students enrolled in the program.
  280         2.Efforts to retain students in the FPCTP and the
  281  retention rate of students in the program.
  282         3.The completion rate of students enrolled in the FPCTP
  283  and courses, as applicable.
  284         4.Transition success of students who complete an FPCTP, as
  285  measured by employment rates and salary levels at 1 year and 5
  286  years after completion.
  287         5. Other performance indicators identified by the center
  288  pursuant to subsection (8).
  289         (d) An eligible institution shall notify students with
  290  intellectual disabilities and their parents of the student
  291  eligibility requirements specified in subsection (4) and the
  292  scholarship requirements and eligibility requirements specified
  293  in subsection (7).
  294         (7)FLORIDA POSTSECONDRY COMPREHENSIVE TRANSITION PROGRAM
  295  SCHOLARSHIP.
  296         (a)Beginning in the 2015-2016 academic year, the Florida
  297  Postsecondary Comprehensive Transition Program Scholarship is
  298  established for students who meet the student eligibility
  299  requirements specified in subsection (4), are enrolled in an
  300  FPCTP, and are not receiving services that are funded through
  301  the Florida Education Finance Program or a scholarship under
  302  part III of chapter 1002.
  303         (b) To maintain eligibility to receive a scholarship, a
  304  student must continue to meet the requirements of paragraph (a)
  305  and must demonstrate satisfactory academic progress in the
  306  FPCTP, as determined by the eligible institution that the
  307  student attends, based on the indicators identified by the
  308  center pursuant to subsection (8).
  309         (c)Payment of scholarship funds shall be transmitted to
  310  the director of the center, or to his or her designee, in
  311  advance of the registration period. The director, or his or her
  312  designee, shall disburse the scholarship funds to the eligible
  313  institutions that are responsible for awarding the scholarship
  314  to students who meet the requirements of paragraphs (a) and (b).
  315         (d)During each academic term, by a date established by the
  316  center, an eligible institution shall report to the center the
  317  number and value of all scholarships awarded under this
  318  subsection. Each eligible institution shall also report to the
  319  center necessary demographic and eligibility data and other data
  320  requested by the center for students who received the
  321  scholarship awards.
  322         (e)By a date annually established by the center, each
  323  eligible institution shall certify to the center the amount of
  324  funds disbursed to each student and shall remit to the center
  325  any undisbursed advances by June 1 of each year.
  326         (f)Funding for the scholarship and the maximum allowable
  327  award shall be as provided annually in the General
  328  Appropriations Act. If funds appropriated are not adequate to
  329  provide the maximum allowable award to each eligible student,
  330  the awards may be prorated.
  331         (8) ACCOUNTABILITY.—
  332         (a)The center, in collaboration with the Board of
  333  Governors and the State Board of Education, shall identify
  334  indicators for the satisfactory progress of a student in an
  335  FPCTP and for the performance of such programs. Each eligible
  336  institution must address the indicators identified by the center
  337  in its application for the approval of a proposed FPCTP and for
  338  the renewal of an FPCTP and in the annual report that the
  339  institution submits to the center.
  340         (b)By October 1 of each year, the center shall provide to
  341  the Governor, the President of the Senate, the Speaker of the
  342  House of Representatives, the Chancellor of the State University
  343  System, and the Commissioner of Education, a summary of
  344  information including, but not limited to:
  345         1.The status of the statewide coordination of FPCTPs and
  346  the implementation of FPCTPs at eligible institutions including,
  347  but not limited to:
  348         a. The number of applications approved and disapproved and
  349  the reasons for each disapproval and no action taken by the
  350  chancellor or the commissioner.
  351         b. The number and value of all scholarships awarded to
  352  students and undisbursed advances remitted to the center
  353  pursuant to subsection (7).
  354         2. Indicators identified by the center pursuant to
  355  paragraph (a) and the performance of each eligible institution
  356  based on the indicators identified in paragraph (6)(c).
  357         3. The projected number of students with intellectual
  358  disabilities who may be eligible to enroll in the FPCTPs within
  359  the next academic year.
  360         4.Education programs and services for students with
  361  intellectual disabilities which are available at an eligible
  362  institution.
  363         (c)Beginning in the 2015-2016 fiscal year, the center, in
  364  collaboration with the Board of Governors, State Board of
  365  Education, Higher Education Coordinating Council, and other
  366  stakeholders, by December 1 each year, shall submit to the
  367  Governor, the President of the Senate, and the Speaker of the
  368  House of Representatives statutory or budget recommendations for
  369  improving the implementation and delivery of FPCTPs and other
  370  education programs and services for students with disabilities.
  371         (9)RULES.—The Board of Governors and the State Board of
  372  Education, in consultation with the center, shall expeditiously
  373  adopt the necessary regulations and rules, as applicable, to
  374  allow the center to perform its responsibilities pursuant to
  375  this section beginning in the 2015-2016 fiscal year.
  376         Section 2. This act shall take effect upon becoming a law.