Florida Senate - 2016                             CS for SB 1088
       
       
        
       By the Committee on Education Pre-K - 12; and Senators Stargel
       and Garcia
       
       581-02672-16                                          20161088c1
    1                        A bill to be entitled                      
    2         An act relating to education programs for individuals
    3         with disabilities; amending s. 1002.39, F.S.;
    4         exempting a foster child from specified eligibility
    5         provisions; providing that a student enrolled in a
    6         transition-to-work program is eligible for a John M.
    7         McKay Scholarship; creating a transition-to-work
    8         program for specific students enrolled in the John M.
    9         McKay Scholarships for Students with Disabilities
   10         Program; providing program requirements; providing
   11         participation requirements for schools, students, and
   12         businesses; exempting a John M. McKay Scholarship
   13         award from a specified funding calculation; amending
   14         s. 1004.935, F.S.; deleting the scheduled termination
   15         of the Adults with Disabilities Workforce Education
   16         Pilot Program; changing the name of the program to the
   17         “Adults with Disabilities Workforce Education
   18         Program”; amending s. 1011.61, F.S.; exempting a John
   19         M. McKay Scholarship award from a specified funding
   20         calculation for purposes of the Florida Education
   21         Finance Program; providing effective dates.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Subsections (10) through (13) of section
   26  1002.39, Florida Statutes, are renumbered as subsections (11)
   27  through (14), respectively, paragraph (a) of subsection (2),
   28  paragraph (h) of subsection (3), paragraph (b) of subsection
   29  (8), and paragraph (a) of present subsection (10) are amended,
   30  and a new subsection (10) is added to that section, to read:
   31         1002.39 The John M. McKay Scholarships for Students with
   32  Disabilities Program.—There is established a program that is
   33  separate and distinct from the Opportunity Scholarship Program
   34  and is named the John M. McKay Scholarships for Students with
   35  Disabilities Program.
   36         (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a
   37  student with a disability may request and receive from the state
   38  a John M. McKay Scholarship for the child to enroll in and
   39  attend a private school in accordance with this section if:
   40         (a) The student has:
   41         1. Received specialized instructional services under the
   42  Voluntary Prekindergarten Education Program pursuant to s.
   43  1002.66 during the previous school year and the student has a
   44  current individual educational plan developed by the local
   45  school board in accordance with rules of the State Board of
   46  Education for the John M. McKay Scholarships for Students with
   47  Disabilities Program or a 504 accommodation plan has been issued
   48  under s. 504 of the Rehabilitation Act of 1973; or
   49         2. Spent the prior school year in attendance at a Florida
   50  public school or the Florida School for the Deaf and the Blind.
   51  For purposes of this subparagraph, prior school year in
   52  attendance means that the student was enrolled and reported by:
   53         a. A school district for funding during the preceding
   54  October and February Florida Education Finance Program surveys
   55  in kindergarten through grade 12, which includes time spent in a
   56  Department of Juvenile Justice commitment program if funded
   57  under the Florida Education Finance Program;
   58         b. The Florida School for the Deaf and the Blind during the
   59  preceding October and February student membership surveys in
   60  kindergarten through grade 12; or
   61         c. A school district for funding during the preceding
   62  October and February Florida Education Finance Program surveys,
   63  was at least 4 years of age when so enrolled and reported, and
   64  was eligible for services under s. 1003.21(1)(e).
   65  
   66  However, a foster child or a dependent child of a member of the
   67  United States Armed Forces who transfers to a school in this
   68  state from out of state or from a foreign country due to a
   69  parent’s permanent change of station orders is exempt from this
   70  paragraph but must meet all other eligibility requirements to
   71  participate in the program.
   72         (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.—A student is
   73  not eligible for a John M. McKay Scholarship:
   74         (h) While he or she is not having regular and direct
   75  contact with his or her private school teachers at the school’s
   76  physical location unless he or she is enrolled in the private
   77  school’s transition-to-work program pursuant to subsection (10);
   78  or
   79         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
   80  eligible to participate in the John M. McKay Scholarships for
   81  Students with Disabilities Program, a private school may be
   82  sectarian or nonsectarian and must:
   83         (b) Provide to the department all documentation required
   84  for a student’s participation, including the private school’s
   85  and student’s fee schedules, at least 30 days before any
   86  quarterly scholarship payment is made for the student pursuant
   87  to paragraph (11)(e) (10)(e). A student is not eligible to
   88  receive a quarterly scholarship payment if the private school
   89  fails to meet this deadline.
   90  
   91  The inability of a private school to meet the requirements of
   92  this subsection shall constitute a basis for the ineligibility
   93  of the private school to participate in the scholarship program
   94  as determined by the department.
   95         (10)TRANSITION-TO-WORK PROGRAM.—A student participating in
   96  the John M. McKay Scholarships for Students with Disabilities
   97  Program who is at least 17 years, but not older than 22 years,
   98  of age and who has not received a high school diploma or
   99  certificate of completion is eligible for enrollment in his or
  100  her private school’s transition-to-work program. A transition
  101  to-work program shall consist of academic instruction, work
  102  skills training, and a volunteer or paid work experience.
  103         (a)To offer a transition-to-work program, a participating
  104  private school must:
  105         1.Develop a transition-to-work program plan, which must
  106  include a written description of the academic instruction and
  107  work skills training students will receive and the goals for
  108  students in the program.
  109         2.Submit the transition-to-work program plan to the Office
  110  of Independent Education and Parental Choice.
  111         3.Develop a personalized transition-to-work program plan
  112  for each student enrolled in the program. The student’s parent,
  113  the student, and the school principal must sign the personalized
  114  plan. The personalized plan must be submitted to the Office of
  115  Independent Education and Parental Choice upon request by the
  116  office.
  117         4.Provide a release of liability form that must be signed
  118  by the student’s parent, the student, and a representative of
  119  the business offering the volunteer or paid work experience.
  120         5.Assign a case manager or job coach to visit the
  121  student’s job site on a weekly basis to observe the student and,
  122  if necessary, provide support and guidance to the student.
  123         6.Provide to the parent and student a quarterly report
  124  that documents and explains the student’s progress and
  125  performance in the program.
  126         7.Maintain accurate attendance and performance records for
  127  the student.
  128         (b)A student enrolled in a transition-to-work program
  129  must, at a minimum:
  130         1.Receive 15 instructional hours at the private school’s
  131  physical facility, which must include academic instruction and
  132  work skills training.
  133         2.Participate in 10 hours of work at the student’s
  134  volunteer or paid work experience.
  135         (c)To participate in a transition-to-work program, a
  136  business must:
  137         1.Maintain an accurate record of the student’s performance
  138  and hours worked and provide the information to the private
  139  school.
  140         2.Comply with all state and federal child labor laws.
  141         (11)(10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.—
  142         (a)1. The maximum scholarship granted for an eligible
  143  student with disabilities shall be equivalent to the base
  144  student allocation in the Florida Education Finance Program
  145  multiplied by the appropriate cost factor for the educational
  146  program that would have been provided for the student in the
  147  district school to which he or she was assigned, multiplied by
  148  the district cost differential.
  149         2. In addition, a share of the guaranteed allocation for
  150  exceptional students shall be determined and added to the amount
  151  in subparagraph 1. The calculation shall be based on the
  152  methodology and the data used to calculate the guaranteed
  153  allocation for exceptional students for each district in chapter
  154  2000-166, Laws of Florida. Except as provided in subparagraphs
  155  3. and 4., the calculation shall be based on the student’s
  156  grade, matrix level of services, and the difference between the
  157  2000-2001 basic program and the appropriate level of services
  158  cost factor, multiplied by the 2000-2001 base student allocation
  159  and the 2000-2001 district cost differential for the sending
  160  district. The calculated amount shall include the per-student
  161  share of supplemental academic instruction funds, instructional
  162  materials funds, technology funds, and other categorical funds
  163  as provided in the General Appropriations Act.
  164         3. The scholarship amount for a student who is eligible
  165  under sub-subparagraph (2)(a)2.b. shall be calculated as
  166  provided in subparagraphs 1. and 2. However, the calculation
  167  shall be based on the school district in which the parent
  168  resides at the time of the scholarship request.
  169         4. Until the school district completes the matrix required
  170  by paragraph (5)(b), the calculation shall be based on the
  171  matrix that assigns the student to support Level I of service as
  172  it existed prior to the 2000-2001 school year. When the school
  173  district completes the matrix, the amount of the payment shall
  174  be adjusted as needed.
  175         5. The scholarship amount for a student eligible under s.
  176  504 of the Rehabilitation Act of 1973 shall be based on the
  177  program cost factor the student currently generates through the
  178  Florida Education Finance Program.
  179         6.The scholarship amount granted for an eligible student
  180  with disabilities is not subject to the maximum value for
  181  funding a student under s. 1011.61(4).
  182         Section 2. Effective June 29, 2016, section 1004.935,
  183  Florida Statutes, is amended to read:
  184         1004.935 Adults with Disabilities Workforce Education Pilot
  185  Program.—
  186         (1) The Adults with Disabilities Workforce Education Pilot
  187  Program is established in the Department of Education through
  188  June 30, 2016, in Hardee, DeSoto, Manatee, and Sarasota Counties
  189  to provide the option of receiving a scholarship for instruction
  190  at private schools for up to 30 students who:
  191         (a) Have a disability;
  192         (b) Are 22 years of age;
  193         (c) Are receiving instruction from an instructor in a
  194  private school to meet the high school graduation requirements
  195  in s. 1002.3105(5) or s. 1003.4282;
  196         (d) Do not have a standard high school diploma or a special
  197  high school diploma; and
  198         (e) Receive “supported employment services,” which means
  199  employment that is located or provided in an integrated work
  200  setting with earnings paid on a commensurate wage basis and for
  201  which continued support is needed for job maintenance.
  202  
  203  As used in this section, the term “student with a disability”
  204  includes a student who is documented as having an intellectual
  205  disability; a speech impairment; a language impairment; a
  206  hearing impairment, including deafness; a visual impairment,
  207  including blindness; a dual sensory impairment; an orthopedic
  208  impairment; another health impairment; an emotional or
  209  behavioral disability; a specific learning disability,
  210  including, but not limited to, dyslexia, dyscalculia, or
  211  developmental aphasia; a traumatic brain injury; a developmental
  212  delay; or autism spectrum disorder.
  213         (2) A student participating in the pilot program may
  214  continue to participate in the program until the student
  215  graduates from high school or reaches the age of 40 years,
  216  whichever occurs first.
  217         (3) Supported employment services may be provided at more
  218  than one site.
  219         (4) The provider of supported employment services must be a
  220  nonprofit corporation under s. 501(c)(3) of the Internal Revenue
  221  Code which serves Hardee County, DeSoto County, Manatee County,
  222  or Sarasota County and must contract with a private school in
  223  this state which meets the requirements in subsection (5).
  224         (5) A private school that participates in the pilot program
  225  may be sectarian or nonsectarian and must:
  226         (a) Be academically accountable for meeting the educational
  227  needs of the student by annually providing to the provider of
  228  supported employment services a written explanation of the
  229  student’s progress.
  230         (b) Comply with the antidiscrimination provisions of 42
  231  U.S.C. s. 2000d.
  232         (c) Meet state and local health and safety laws and codes.
  233         (d) Provide to the provider of supported employment
  234  services all documentation required for a student’s
  235  participation, including the private school’s and student’s fee
  236  schedules, at least 30 days before any quarterly scholarship
  237  payment is made for the student. A student is not eligible to
  238  receive a quarterly scholarship payment if the private school
  239  fails to meet this deadline.
  240  
  241  The inability of a private school to meet the requirements of
  242  this subsection constitutes a basis for the ineligibility of the
  243  private school to participate in the pilot program.
  244         (6)(a) If the student chooses to participate in the pilot
  245  program and is accepted by the provider of supported employment
  246  services, the student must notify the Department of Education of
  247  his or her acceptance into the program 60 days before the first
  248  scholarship payment and before participating in the pilot
  249  program in order to be eligible for the scholarship.
  250         (b) Upon receipt of a scholarship warrant, the student or
  251  parent to whom the warrant is made must restrictively endorse
  252  the warrant to the provider of supported employment services for
  253  deposit into the account of the provider. The student or parent
  254  may not designate any entity or individual associated with the
  255  participating provider of supported employment services as the
  256  student’s or parent’s attorney in fact to endorse a scholarship
  257  warrant. A participant who fails to comply with this paragraph
  258  forfeits the scholarship.
  259         (7) Funds for the scholarship shall be provided from the
  260  appropriation from the school district’s Workforce Development
  261  Fund in the General Appropriations Act for students who reside
  262  in the Hardee County School District, the DeSoto County School
  263  District, the Manatee County School District, or the Sarasota
  264  County School District. During the pilot program, The
  265  scholarship amount granted for an eligible student with a
  266  disability shall be equal to the cost per unit of a full-time
  267  equivalent adult general education student, multiplied by the
  268  adult general education funding factor, and multiplied by the
  269  district cost differential pursuant to the formula required by
  270  s. 1011.80(6)(a) for the district in which the student resides.
  271         (8) Upon notification by the Department of Education that
  272  it has received the required documentation, the Chief Financial
  273  Officer shall make scholarship payments in four equal amounts no
  274  later than September 1, November 1, February 1, and April 1 of
  275  each academic year in which the scholarship is in force. The
  276  initial payment shall be made after the Department of Education
  277  verifies that the student was accepted into the pilot program,
  278  and subsequent payments shall be made upon verification of
  279  continued participation in the pilot program. Payment must be by
  280  individual warrant made payable to the student or parent and
  281  mailed by the Department of Education to the provider of
  282  supported employment services, and the student or parent shall
  283  restrictively endorse the warrant to the provider of supported
  284  employment services for deposit into the account of that
  285  provider.
  286         (9) Subsequent to each scholarship payment, the Department
  287  of Education shall request from the Department of Financial
  288  Services a sample of endorsed warrants to review and confirm
  289  compliance with endorsement requirements.
  290         Section 3. Subsection (4) of section 1011.61, Florida
  291  Statutes, is amended to read:
  292         1011.61 Definitions.—Notwithstanding the provisions of s.
  293  1000.21, the following terms are defined as follows for the
  294  purposes of the Florida Education Finance Program:
  295         (4) The maximum value for funding a student in kindergarten
  296  through grade 12 or in a prekindergarten program for exceptional
  297  children as provided in s. 1003.21(1)(e) shall be the sum of the
  298  calculations in paragraphs (a), (b), and (c) as calculated by
  299  the department.
  300         (a) The sum of the student’s full-time equivalent student
  301  membership value for the school year or the equivalent derived
  302  from paragraphs (1)(a) and (b), subparagraph (1)(c)1., sub
  303  subparagraphs (1)(c)2.b. and c., subparagraph (1)(c)3., and
  304  subsection (2). If the sum is greater than 1.0, the full-time
  305  equivalent student membership value for each program or course
  306  shall be reduced by an equal proportion so that the student’s
  307  total full-time equivalent student membership value is equal to
  308  1.0.
  309         (b) If the result in paragraph (a) is less than 1.0 full
  310  time equivalent student and the student has full-time equivalent
  311  student enrollment pursuant to sub-sub-subparagraph
  312  (1)(c)1.b.(VIII), calculate an amount that is the lesser of the
  313  value in sub-sub-subparagraph (1)(c)1.b.(VIII) or the value of
  314  1.0 less the value in paragraph (a).
  315         (c) The full-time equivalent student enrollment value in
  316  sub-subparagraph (1)(c)2.a.
  317  
  318  A scholarship award provided to a student enrolled in the John
  319  M. McKay Scholarships for Students with Disabilities Program
  320  pursuant to s. 1002.39 is not subject to the maximum value for
  321  funding a student under this subsection.
  322         Section 4. Except as otherwise expressly provided in this
  323  act, this act shall take effect July 1, 2016.