Florida Senate - 2016                                    SB 1166
       By Senator Gaetz
       1-01356A-16                                           20161166__
    1                        A bill to be entitled                      
    2         An act relating to education funding; amending s.
    3         1011.62, F.S.; revising the calculation for certain
    4         supplemental funds for exceptional student education
    5         programs; requiring the funds to be prorated under
    6         certain circumstances; providing an effective date.
    8  Be It Enacted by the Legislature of the State of Florida:
   10         Section 1. Paragraph (e) of subsection (1) of section
   11  1011.62, Florida Statutes, is amended to read:
   12         1011.62 Funds for operation of schools.—If the annual
   13  allocation from the Florida Education Finance Program to each
   14  district for operation of schools is not determined in the
   15  annual appropriations act or the substantive bill implementing
   16  the annual appropriations act, it shall be determined as
   17  follows:
   19  OPERATION.—The following procedure shall be followed in
   20  determining the annual allocation to each district for
   21  operation:
   22         (e) Funding model for exceptional student education
   23  programs.—
   24         1.a. The funding model uses basic, at-risk, support levels
   25  IV and V for exceptional students and career Florida Education
   26  Finance Program cost factors, and a guaranteed allocation for
   27  exceptional student education programs. Exceptional education
   28  cost factors are determined by using a matrix of services to
   29  document the services that each exceptional student will
   30  receive. The nature and intensity of the services indicated on
   31  the matrix shall be consistent with the services described in
   32  each exceptional student’s individual educational plan. The
   33  Department of Education shall review and revise the descriptions
   34  of the services and supports included in the matrix of services
   35  for exceptional students and shall implement those revisions
   36  before the beginning of the 2012-2013 school year.
   37         b. In order to generate funds using one of the two weighted
   38  cost factors, a matrix of services must be completed at the time
   39  of the student’s initial placement into an exceptional student
   40  education program and at least once every 3 years by personnel
   41  who have received approved training. Nothing listed in the
   42  matrix shall be construed as limiting the services a school
   43  district must provide in order to ensure that exceptional
   44  students are provided a free, appropriate public education.
   45         c. Students identified as exceptional, in accordance with
   46  chapter 6A-6, Florida Administrative Code, who do not have a
   47  matrix of services as specified in sub-subparagraph b. shall
   48  generate funds on the basis of full-time-equivalent student
   49  membership in the Florida Education Finance Program at the same
   50  funding level per student as provided for basic students.
   51  Additional funds for these exceptional students will be provided
   52  through the guaranteed allocation designated in subparagraph 2.
   53         2. For students identified as exceptional who do not have a
   54  matrix of services and students who are gifted in grades K
   55  through 8, there is created a guaranteed allocation to provide
   56  these students with a free appropriate public education, in
   57  accordance with s. 1001.42(4)(l) and rules of the State Board of
   58  Education, which shall be allocated initially annually to each
   59  school district in the amount provided in the General
   60  Appropriations Act. These funds shall be supplemental in
   61  addition to the funds appropriated for the basic funding level
   62  on the basis of FTE student membership in the Florida Education
   63  Finance Program, and the amount allocated for each school
   64  district shall not be recalculated once during the year, based
   65  on actual student membership from the October FTE survey. Upon
   66  recalculation, if the generated allocation is greater than the
   67  amount provided in the General Appropriations Act, the total
   68  shall be prorated to the level of the appropriation based on
   69  each district’s share of the total recalculated amount. These
   70  funds shall be used to provide special education and related
   71  services for exceptional students and students who are gifted in
   72  grades K through 8. Beginning with the 2007-2008 fiscal year, A
   73  district’s expenditure of funds from the guaranteed allocation
   74  for students in grades 9 through 12 who are gifted may not be
   75  greater than the amount expended during the 2006-2007 fiscal
   76  year for gifted students in grades 9 through 12.
   77         Section 2. This act shall take effect July 1, 2016.