Bill Amendment: FL H5101 | 2014 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Education Funding
Status: 2014-06-02 - Chapter No. 2014-56, companion bill(s) passed, see HB 5001 (Ch. 2014-51) [H5101 Detail]
Download: Florida-2014-H5101-Senate_Floor_Amendment_Delete_All_324342.html
Bill Title: Education Funding
Status: 2014-06-02 - Chapter No. 2014-56, companion bill(s) passed, see HB 5001 (Ch. 2014-51) [H5101 Detail]
Download: Florida-2014-H5101-Senate_Floor_Amendment_Delete_All_324342.html
Florida Senate - 2014 SENATOR AMENDMENT Bill No. HB 5101, 1st Eng. Ì324342{Î324342 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 04/03/2014 04:40 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (6) is added to section 215.61, 6 Florida Statutes, to read: 7 215.61 State system of public education capital outlay 8 bonds.— 9 (6) Pursuant to s. 9(a)(2), Art. XII of the State 10 Constitution and s. 203.01(1)(c)2., all revenues collected from 11 gross receipts taxes are deposited into the Public Education 12 Capital Outlay and Debt Service Trust Fund. Such revenues 13 deposited into the trust fund are pledged and required to first 14 be used for the payment of principal and interest on bonds 15 secured by gross receipts tax revenues as provided in s. 16 9(a)(2), Art. XII of the State Constitution. The State Board of 17 Education shall at least once per month, from gross receipts tax 18 revenues available in the Public Education Capital Outlay and 19 Debt Service Trust Fund, deposit into a separate account within 20 such trust fund one-sixth of the amount due on the next interest 21 payment date and one-twelfth of the amount due on the next 22 principal payment date for all outstanding bonds secured by a 23 pledge of gross receipts taxes. If there are insufficient funds 24 to make the required deposit, the State Board of Education shall 25 deposit an amount equal to the funds available into the separate 26 account and in the following month, add an amount equal to the 27 previous month’s shortfall to the required deposit. The State 28 Board of Education shall transfer funds deposited into the 29 separate account to the State Board of Administration, as the 30 trustee for bondholders, by the 20th day of the month before a 31 principal or interest payment on bonds issued pursuant to s. 32 9(a)(2), Art. XII of the State Constitution is due. 33 Section 2. On or before June 30, 2014, the State Board of 34 Education shall transfer two-sixths of the amount due on the 35 next interest payment date and two-twelfths of the amount due on 36 the next principal payment date for all outstanding bonds issued 37 pursuant to s. 9(a)(2), Art. XII of the State Constitution from 38 cash balances in the Public Education Capital Outlay and Debt 39 Service Trust Fund, to the separate account within the trust 40 fund provided for in s. 215.61(6), Florida Statutes, to be 41 reserved for the payment of debt service due on the outstanding 42 bonds. 43 Section 3. Subsection (15) of section 1001.03, Florida 44 Statutes, is amended to read: 45 1001.03 Specific powers of State Board of Education.— 46 (15) FLORIDA COLLEGE SYSTEM INSTITUTION BACCALAUREATE 47 DEGREE PROGRAMS.—The State Board of Education shall provide for 48 the review and approval of proposals by Florida College System 49 institutions to offer baccalaureate degree programs pursuant to 50 s. 1007.33. A Florida College System institution, as defined in 51 s. 1000.21, that is approved to offer baccalaureate degrees 52 pursuant to s. 1007.33 remains under the authority of the State 53 Board of Education and the Florida College System institution’s 54 board of trustees. The State Board of Education may not approve 55 Florida College System institution baccalaureate degree program 56 proposals from March 31, 2014, through May 31, 2015. 57 Section 4. Subsection (4) of section 1007.33, Florida 58 Statutes, is amended to read: 59 1007.33 Site-determined baccalaureate degree access.— 60 (4) A Florida College System institution may: 61 (a) Offer specified baccalaureate degree programs through 62 formal agreements between the Florida College System institution 63 and other regionally accredited postsecondary educational 64 institutions pursuant to s. 1007.22. 65 (b) Offer baccalaureate degree programs that were 66 authorized by law prior to July 1, 2009. 67 (c) Beginning July 1, 2009, establish a first or subsequent 68 baccalaureate degree program for purposes of meeting district, 69 regional, or statewide workforce needs if approved by the State 70 Board of Education under this section. 71 72 Beginning July 1, 2009, the Board of Trustees of the St. 73 Petersburg College is authorized to establish one or more 74 bachelor of applied science degree programs based on an analysis 75 of workforce needs in Pinellas, Pasco, and Hernando Counties and 76 other counties approved by the Department of Education. For each 77 program selected, St. Petersburg College must offer a related 78 associate in science or associate in applied science degree 79 program, and the baccalaureate degree level program must be 80 designed to articulate fully with at least one associate in 81 science degree program. The college is encouraged to develop 82 articulation agreements for enrollment of graduates of related 83 associate in applied science degree programs. The Board of 84 Trustees of the St. Petersburg College is authorized to 85 establish additional baccalaureate degree programs if it 86 determines a program is warranted and feasible based on each of 87 the factors in paragraph (5)(d). However, the Board of Trustees 88 of the St. Petersburg College may not establish any new 89 baccalaureate degree programs from March 31, 2014, through May 90 31, 2015. Prior to developing or proposing a new baccalaureate 91 degree program, St. Petersburg College shall engage in need, 92 demand, and impact discussions with the state university in its 93 service district and other local and regional, accredited 94 postsecondary providers in its region. Documentation, data, and 95 other information from inter-institutional discussions regarding 96 program need, demand, and impact shall be provided to the 97 college’s board of trustees to inform the program approval 98 process. Employment at St. Petersburg College is governed by the 99 same laws that govern Florida College System institutions, 100 except that upper-division faculty are eligible for continuing 101 contracts upon the completion of the fifth year of teaching. 102 Employee records for all personnel shall be maintained as 103 required by s. 1012.81. 104 Section 5. Paragraph (d) of subsection (3) of section 105 1009.22, Florida Statutes, is amended to read: 106 1009.22 Workforce education postsecondary student fees.— 107 (3) 108 (d) Beginning with the 2008-2009 fiscal year and in the 109 fall semester of each year thereafter, the rate for the tuition 110 and the out-of-state fee per contact hour shall beincrease at111the beginning of each fall semester at a rate equal to112inflation, unless otherwiseprovided in the General 113 Appropriations Act. If the rate is not provided in the General 114 Appropriations ActThe Office of Economic and Demographic115Research shall report the rate of inflation to the President of116the Senate, the Speaker of the House of Representatives, the117Governor, and the State Board of Education each year prior to118March 1. For purposes of this paragraph, the rate of inflation119shall be defined as the rate of the 12-month percentage change120in the Consumer Price Index for All Urban Consumers, U.S. City121Average, All Items, or successor reports as reported by the122United States Department of Labor, Bureau of Labor Statistics,123or its successor for December of the previous year. In the event124the percentage change is negative, the tuition and out-of-state 125 fee mustshallremain at the same level as the prior fiscal 126 year. 127 Section 6. Paragraph (c) of subsection (3) of section 128 1009.23, Florida Statutes, is amended to read: 129 1009.23 Florida College System institution student fees.— 130 (3) 131 (c) Beginning with the 2008-2009 fiscal year and in the 132 fall semester of each year thereafter, the rate for the tuition 133 and the out-of-state fee shall beincrease at the beginning of134each fall semester at a rate equal to inflation, unless135otherwiseprovided in the General Appropriations Act. If the 136 rate is not provided in the General Appropriations ActThe137Office of Economic and Demographic Research shall report the138rate of inflation to the President of the Senate, the Speaker of139the House of Representatives, the Governor, and the State Board140of Education each year prior to March 1. For purposes of this141paragraph, the rate of inflation shall be defined as the rate of142the 12-month percentage change in the Consumer Price Index for143All Urban Consumers, U.S. City Average, All Items, or successor144reports as reported by the United States Department of Labor,145Bureau of Labor Statistics, or its successor for December of the146previous year. In the event the percentage change is negative, 147 the tuition and the out-of-state fee per credit hour mustshall148 remain at the same levels as the prior fiscal year. 149 Section 7. Paragraph (b) of subsection (4) and paragraph 150 (b) of subsection (16) of section 1009.24, Florida Statutes, are 151 amended to read: 152 1009.24 State university student fees.— 153 (4) 154 (b) Beginning with the 2008-2009 fiscal year and in the 155 fall semester of each year thereafter, the rate for the resident 156 undergraduate tuition per credit hour shall beincrease at the157beginning of each fall semester at a rate equal to inflation,158unless otherwiseprovided in the General Appropriations Act. If 159 the rate is not provided in the General Appropriations ActThe160Office of Economic and Demographic Research shall report the161rate of inflation to the President of the Senate, the Speaker of162the House of Representatives, the Governor, and the Board of163Governors each year prior to March 1. For purposes of this164paragraph, the rate of inflation shall be defined as the rate of165the 12-month percentage change in the Consumer Price Index for166All Urban Consumers, U.S. City Average, All Items, or successor167reports as reported by the United States Department of Labor,168Bureau of Labor Statistics, or its successor for December of the169previous year. In the event the percentage change is negative, 170 the resident undergraduate tuition mustshallremain at the same 171 level as the prior fiscal year. 172 (16) Each university board of trustees may establish a 173 tuition differential for undergraduate courses upon receipt of 174 approval from the Board of Governors. The tuition differential 175 mustshallpromote improvements in the quality of undergraduate 176 education and shall provide financial aid to undergraduate 177 students who exhibit financial need. 178 (b) Each tuition differential is subject to the following 179 conditions: 180 1. The tuition differential may be assessed on one or more 181 undergraduate courses or on all undergraduate courses at a state 182 university. 183 2. The tuition differential may vary by course or courses, 184 campus or center location, and by institution. Each university 185 board of trustees shall strive to maintain and increase 186 enrollment in degree programs related to math, science, high 187 technology, and other state or regional high-need fields when 188 establishing tuition differentials by course. 189 3. For each state university that has total research and 190 development expenditures for all fields of at least $100 million 191 per year as reported annually to the National Science 192 Foundation, the aggregate sum of tuition and the tuition 193 differential may not be increased by more than 615percent of 194 the total charged for the aggregate sum of these fees in the 195 preceding fiscal year. For each state university that has total 196 research and development expenditures for all fields of less 197 than $100 million per year as reported annually to the National 198 Science Foundation, the aggregate sum of tuition and the tuition 199 differential may not be increased by more than 615percent of 200 the total charged for the aggregate sum of these fees in the 201 preceding fiscal year. 202 4. The aggregate sum of undergraduate tuition and fees per 203 credit hour, including the tuition differential, may not exceed 204 the national average of undergraduate tuition and fees at 4-year 205 degree-granting public postsecondary educational institutions. 206 5. The tuition differential mayshallnot be included in 207 any award under the Florida Bright Futures Scholarship Program 208 established pursuant to ss. 1009.53-1009.538. 209 6. Beneficiaries having prepaid tuition contracts pursuant 210 to s. 1009.98(2)(b) which were in effect on July 1, 2007, and 211 which remain in effect, are exempt from the payment of the 212 tuition differential. 213 7. The tuition differential may not be charged to any 214 student who was in attendance at the university before July 1, 215 2007, and who maintains continuous enrollment. 216 8. The tuition differential may be waived by the university 217 for students who meet the eligibility requirements for the 218 Florida public student assistance grant established in s. 219 1009.50. 220 9. Subject to approval by the Board of Governors, the 221 tuition differential authorized pursuant to this subsection may 222 take effect with the 2009 fall term. 223 Section 8. Subsection (1) and paragraph (a) of subsection 224 (2) of section 1009.55, Florida Statutes, are amended to read: 225 1009.55 Rosewood Family Scholarship Program.— 226 (1) There is created a Rosewood Family Scholarship Program 227 for the direct descendants of the Rosewood families, not to 228 exceed 5025scholarships per year. 229 (2) The Rosewood Family Scholarship Program shall be 230 administered by the Department of Education. The State Board of 231 Education shall adopt rules for administering this program which 232 shall at a minimum provide for the following: 233 (a) The annual award to a student shall be up to $6,100 234$4,000but should not exceed an amount in excess of tuition and 235 registration fees. 236 Section 9. Section 1009.893, Florida Statutes, is created 237 to read: 238 1009.893 Florida National Merit Scholar Incentive Program.— 239 (1) As used in this section, the term: 240 (a) “Department” means the Department of Education. 241 (b) “Incentive program” means the Florida National Merit 242 Scholar Incentive Program. 243 (2) The Florida National Merit Scholar Incentive Program is 244 created to reward any Florida high school graduate who receives 245 recognition as a National Merit Scholar or National Achievement 246 Scholar and who initially enrolls in the 2014-2015 academic 247 year, or later, in a degree program, certificate program, or 248 applied technology program at an eligible Florida public or 249 independent postsecondary educational institution. 250 (3) The department shall administer the incentive program 251 according to rules and procedures established by the State Board 252 of Education. The department shall advertise the availability of 253 the incentive program and notify students, teachers, parents, 254 certified school counselors, and principals or other relevant 255 school administrators of the criteria and application 256 procedures. 257 (4) In order to be eligible for an award under the 258 incentive program, a student must: 259 (a) Be a state resident as defined in s. 1009.40 and rules 260 of the State Board of Education. 261 (b) Earn a standard Florida high school diploma or its 262 equivalent pursuant to s. 1003.428, s. 1003.4281, s. 1003.4282, 263 or s. 1003.435 unless: 264 1. The student completes a home education program according 265 to s. 1002.41; or 266 2. The student earns a high school diploma from a non 267 Florida school while living with a parent or guardian who is on 268 military or public service assignment away from this state. 269 (c) Be accepted by and enroll in a Florida public or 270 independent postsecondary educational institution that meets the 271 eligibility requirements specified in s. 1009.533. 272 (d) Be enrolled for at least 6 semester credit hours or the 273 equivalent in quarter hours or clock hours. 274 (5)(a) An eligible student who is a National Merit Scholar 275 or National Achievement Scholar and who attends a public 276 postsecondary educational institution must receive an incentive 277 award equal to the institutional cost of attendance minus the 278 sum of the student’s Florida Bright Futures Scholarship and 279 National Merit Scholarship or National Achievement Scholarship. 280 (b) An eligible student who is a National Merit Scholar or 281 National Achievement Scholar and who attends an independent 282 postsecondary educational institution must receive an incentive 283 award equal to the highest cost of attendance at a Florida 284 public university, as reported by the Board of Governors of the 285 State University System, minus the sum of the student’s Florida 286 Bright Futures Scholarship and National Merit Scholarship or 287 National Achievement Scholarship. 288 (6)(a) To be eligible for a renewal award, a student must 289 meet the renewal requirements for the Florida Bright Futures 290 Scholarship Program set forth in s. 1009.532(1)(a) and for the 291 Florida Academic Scholars award set forth in s. 1009.534(3). 292 (b) A student may receive the incentive award for a maximum 293 of 100 percent of the number of credit hours required to 294 complete an associate degree program or a baccalaureate degree 295 program or receive an award for a maximum of 100 percent of the 296 credit hours or clock hours required to complete up to 90 credit 297 hours of a program that terminates in a career certificate. 298 (7) The department shall annually issue awards from the 299 incentive program. Before the registration period each semester, 300 the department shall transmit payment for each award to the 301 president or director of the postsecondary educational 302 institution, or his or her representative, except that the 303 department may withhold payment if the receiving institution 304 fails to report or to make refunds to the department as required 305 in this section. 306 (a) Each institution shall certify to the department the 307 eligibility status of each student to receive a disbursement 308 within 30 days before the end of its regular registration 309 period, inclusive of a drop and add period. An institution is 310 not required to reevaluate the student eligibility after the end 311 of the drop and add period. 312 (b) An institution that receives funds from the incentive 313 program must certify to the department the amount of funds 314 disbursed to each student and remit to the department any 315 undisbursed advances within 60 days after the end of regular 316 registration. 317 (c) If funds appropriated are not adequate to provide the 318 maximum allowable award to each eligible student, awards must be 319 prorated using the same percentage reduction. 320 (8) Funds from any award within the incentive program may 321 not be used to pay for remedial coursework or developmental 322 education. 323 (9) A student may use an award for a summer term if funds 324 are available and appropriated by the Legislature. 325 (10) Funds appropriated by the Legislature for the 326 incentive program awards may be deposited into the State Student 327 Financial Assistance Trust Fund. Notwithstanding s. 216.301 and 328 pursuant to s. 216.351, any balance in the trust fund at the end 329 of any fiscal year which has been allocated to the incentive 330 program must remain in the incentive program and shall be 331 available for carrying out the purposes of this section. The 332 department shall allocate funds to the appropriate institutions 333 and collect and maintain data regarding the incentive program 334 within the student financial assistance database as specified in 335 s. 1009.94. 336 (11) The State Board of Education shall adopt rules 337 necessary to administer this section. 338 (12) Subsection (4) of s. 1009.40 does not apply to awards 339 issued under this section. 340 Section 10. Section 1002.385, Florida Statutes, is created 341 to read: 342 1002.385 Florida Personal Learning Scholarship Accounts.— 343 (1) ESTABLISHMENT OF PROGRAM.—The Florida Personal Learning 344 Scholarship Accounts is established to provide the option for a 345 parent to better meet the individual educational needs of his or 346 her eligible child. 347 (2) DEFINITIONS.—As used in this section, the term: 348 (a) “Agency” means the Agency for Persons with 349 Disabilities. 350 (b) “Approved provider” means a provider approved by the 351 Agency for Persons with Disabilities, a health care practitioner 352 as defined in s. 456.001(4), or a provider approved by the 353 Department of Education pursuant to s. 1002.66. 354 (c) “Curriculum” means a complete course of study for a 355 particular content area or grade level, including any required 356 supplemental materials. 357 (d) “Disability” means, for a student in kindergarten to 358 grade 12, autism, as defined in s. 393.063(3); cerebral palsy, 359 as defined in s. 393.063(4); Down syndrome, as defined in s. 360 393.063(13); an intellectual disability, as defined in s. 361 393.063(21); Prader-Willi syndrome, as defined in s. 362 393.063(25); Spina bifida, as defined in s. 393.063(36); for a 363 student in kindergarten, being a high-risk child, as defined in 364 s. 393.063(20)(a); or Williams syndrome. 365 (e) “Eligible postsecondary educational institution” means 366 a Florida College System institution, a state university, a 367 school district technical center, a school district adult 368 general education center, or an accredited nonpublic 369 postsecondary educational institution, as defined in s. 1005.02, 370 which is licensed to operate in the state pursuant to 371 requirements specified in part III of chapter 1005. 372 (f) “Eligible private school” means a private school, as 373 defined in s. 1002.01, which is located in this state, which 374 offers an education to students in any grade from kindergarten 375 to grade 12, and which meets the requirements of: 376 1. Sections 1002.42 and 1002.421; and 377 2. A scholarship program under s. 1002.39 or s. 1002.395, 378 as applicable, if the private school participates in a 379 scholarship program under s. 1002.39 or s. 1002.395. 380 (g) “ILSP” means an individual learning services plan that 381 is developed for a student who participates in the program. 382 (h) “Parent” means a resident of this state who is a 383 parent, as defined in s. 1000.21. 384 (i) “Program” means the Florida Personal Learning 385 Scholarship Accounts established in this section. 386 (3) PROGRAM ELIGIBILITY.—A parent of a student with a 387 disability may request and receive from the state a Florida 388 personal learning scholarship account for the purposes specified 389 in subsection (5) if: 390 (a) The student: 391 1. Is a resident of this state; 392 2. Is eligible to enroll in kindergarten through grade 12 393 in a public school in this state; 394 3. Has a disability as defined in paragraph (2)(d) and 395 meets the agency’s eligibility criteria; 396 4. Has an ILSP developed by the agency in consultation with 397 the parent and written in accordance with rules of the Agency 398 for Persons with Disabilities; and 399 5. Complies with regular school attendance pursuant to s. 400 1003.01(13); and 401 (b) The parent has applied to the agency to participate in 402 the program by February 1 prior to the school year in which the 403 student will participate or an alternate date adopted by the 404 agency in rule for any vacant, funded slots. The request must be 405 communicated directly to the agency in a manner that creates a 406 written or electronic record of the request and the date of 407 receipt of the request. The agency must notify the school 408 district and the Department of Education of the parent’s intent 409 upon receipt of the parent’s request. 410 (4) PROGRAM PROHIBITIONS.—A student is not eligible for the 411 program if: 412 (a) The student or student’s parent has accepted any 413 payment, refund, or rebate, in any manner, from a provider of 414 any services received pursuant to subsection (5); 415 (b) The student’s participation in the program has been 416 denied or revoked by the executive director of the Agency for 417 Persons with Disabilities pursuant to subsection (10); or 418 (c) The student’s parent has forfeited participation in the 419 program for failure to comply with requirements pursuant to 420 subsection (11). 421 (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds may be 422 spent for the following purposes, according to the goals and 423 objectives identified in the student’s ILSP: 424 (a) Instructional materials, including digital devices, 425 digital periphery devices, and assistive technology devices that 426 allow a student to access instruction or instructional content. 427 (b) Curriculum as defined in paragraph (2)(c). 428 (c) Specialized services by approved providers that are 429 selected by the parent and specified in the student’s ILSP. 430 These specialized services may include, but are not limited to: 431 1. Applied behavior analysis services as provided in ss. 432 627.6686 and 641.31098. 433 2. Services provided by speech-language pathologists as 434 defined in s. 468.1125. 435 3. Occupational therapy services as defined in s. 468.203. 436 4. Services provided by physical therapists as defined in 437 s. 486.021. 438 5. Services provided by listening and spoken language 439 specialists and an appropriate acoustical environment for a 440 child who is deaf or hard of hearing and who has received an 441 implant or assistive hearing device. 442 (d) Enrollment in, or tuition or fees associated with 443 enrollment in, an eligible private school, an eligible 444 postsecondary educational institution, a private tutoring 445 program authorized under s. 1002.43, a virtual program offered 446 by a department-approved private online provider that meets the 447 provider qualifications specified in s. 1002.45(2)(a), or an 448 approved online course offered pursuant to s. 1003.499 or s. 449 1004.0961. 450 (e) Fees for nationally standardized, norm-referenced 451 achievement tests, Advanced Placement examinations, industry 452 certification examinations, assessments related to postsecondary 453 education, or other assessments specified in the student’s ILSP. 454 (f) Contributions to a Coverdell education savings 455 established pursuant to 26 U.S.C. s. 530 of the Internal Revenue 456 Code for the benefit of the eligible student. 457 (g) Contributions to the Stanley G. Tate Florida Prepaid 458 College Program pursuant to s. 1009.98, for the benefit of the 459 eligible student. 460 (h) Contracted services provided by a public school or 461 school district, including classes for the services specified in 462 the ILSP or additional services. A student who receives services 463 under a contract under this paragraph shall not be considered to 464 be enrolled in a public school for eligibility purposes as 465 specified in subsection (3). 466 467 A specialized service provider, eligible private school, 468 eligible postsecondary educational institution, private tutoring 469 program provider, online or virtual program provider, public 470 school, school district, or other entity receiving payments 471 pursuant to this subsection may not share, refund, or rebate any 472 moneys from a Florida personal learning scholarship account with 473 the parent or participating student in any manner. 474 (6) TERM OF THE PROGRAM.—For purposes of continuity of 475 educational choice, the program payments made under this section 476 shall remain in force until a student participating in the 477 program participates in any of the prohibited activities 478 specified in subsection (4), has funds revoked by the agency 479 pursuant to subsection (10), graduates from high school, or 480 reaches 22 years of age, whichever occurs first. 481 (7) SCHOOL DISTRICT OBLIGATIONS.—The school district 482 retains all current duties, authority, and responsibilities as 483 specified in the Florida K-20 Education Code. 484 (8) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department 485 shall: 486 (a) Maintain a list of eligible private schools as defined 487 in paragraph (2)(f) and private tutoring programs pursuant to s. 488 1002.43. 489 (b) Compare the list of students participating in the 490 program with the public school enrollment lists before each 491 program payment to avoid duplicate payments. 492 493 The department retains all current duties, authority, and 494 responsibilities as specified in the Florida K-20 Education 495 Code. 496 (9) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS. 497 The Commissioner of Education retains all current duties, 498 authority, and responsibilities as specified in the Florida K-20 499 Education Code. 500 (10) AUTHORITY AND OBLIGATIONS OF THE EXECUTIVE DIRECTOR OF 501 THE AGENCY FOR PERSONS WITH DISABILITIES.— 502 (a) The executive director: 503 1. Shall deny, suspend, or revoke a student’s participation 504 in the program if the health, safety, or welfare of the student 505 is threatened or fraud is suspected. 506 2. Shall deny, suspend, or revoke an authorized use of 507 program funds if the health, safety, or welfare of the student 508 is threatened or fraud is suspected. 509 3. May deny, suspend, or revoke an authorized use of 510 program funds for material failure to comply with this section 511 and applicable agency rules if the noncompliance is correctable 512 within a reasonable period of time. Otherwise, the executive 513 director shall deny, suspend, or revoke an authorized use for 514 failure to materially comply with the law and rules adopted 515 under this section. 516 4. Shall require compliance by the appropriate party by a 517 date certain for all nonmaterial failures to comply with this 518 section and applicable agency rules. The executive director may 519 deny, suspend, or revoke program participation under this 520 section thereafter. 521 (b) In determining whether to deny, suspend, or revoke in 522 accordance with this subsection, the executive director may 523 consider factors that include, but are not limited to, acts or 524 omissions by a participating entity which led to a previous 525 denial or revocation of participation in an education 526 scholarship program under this chapter; failure to reimburse the 527 agency for program funds improperly received or retained by the 528 entity; imposition of a prior criminal sanction related to the 529 entity or its officers or employees; imposition of a civil fine 530 or administrative fine, license revocation or suspension, or 531 program eligibility suspension, termination, or revocation 532 related to an entity’s management or operation; or other types 533 of criminal proceedings in which the entity or its officers or 534 employees were found guilty of, regardless of adjudication, or 535 entered a plea of nolo contendere or guilty to, any offense 536 involving fraud, deceit, dishonesty, or moral turpitude. 537 (11) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 538 PARTICIPATION.—A parent who applies for program participation 539 under this section is exercising his or her parental option to 540 determine the appropriate placement or services that best meet 541 the needs of his or her student. To enroll an eligible student 542 in the program, the parent must sign an agreement with the 543 agency and annually submit a notarized, sworn compliance 544 statement to the agency to: 545 (a) Affirm that the student is enrolled in a school or 546 program that meets minimum student attendance requirements as 547 provided in s. 1003.21. 548 (b) Comply with the ILSP and use the program funds only for 549 authorized purposes to meet the student’s goals and objectives 550 in the ILSP as described in subsection (2). 551 (c) Provide for an appropriate assessment that documents 552 the student’s demonstration of educational progress at a level 553 commensurate with her or his ability, in accordance with the 554 requirements for the academic program selected by the parent who 555 enrolls the student in a private school pursuant to paragraph 556 (2)(f), a home education program pursuant to s. 1002.41, or a 557 scholarship program pursuant to s. 1002.39 or s. 1002.395. 558 (d) Affirm that the student takes all appropriate 559 assessments as specified in the student’s ILSP. The parent is 560 responsible for transporting the student to the assessment site 561 designated by the school district if the parent selects a 562 statewide, standardized assessment pursuant to s. 1008.22. 563 (e) Notify the school district that the student is 564 participating in the program if the parent chooses to enroll the 565 student in an eligible private school pursuant to paragraph 566 (2)(g), a home education program pursuant to s. 1002.41, a 567 scholarship program pursuant to this chapter, or a private 568 tutoring program authorized under s. 1002.43. 569 (f) Request participation in the program at least 60 days 570 before the date of the first program payment. 571 (g) Affirm that the student remains in good standing with 572 the provider or school if those options are selected by the 573 parent. 574 (h) Apply for admission of his or her child if the private 575 school option is selected by the parent. 576 (i) Annually renew participation in the program. 577 (j) Be responsible for the payment of all eligible expenses 578 in excess of the amount of the personal learning scholarship 579 account. 580 (k) Affirm that the parent will not transfer any college 581 savings funds to another beneficiary. 582 (l) Affirm that the parent will not take possession of any 583 funding contributed by the state. 584 (m) Maintain a portfolio of records and materials which 585 must be preserved by the parent for 2 years and be made 586 available for inspection by the district school superintendent 587 or the superintendent’s designee upon 15 days’ written notice. 588 This paragraph does not require the superintendent to inspect 589 the portfolio. The portfolio of records and materials consists 590 of: 591 1. A log of educational instruction and services which is 592 made contemporaneously with delivery of the instruction and 593 services and which designates by title any reading materials 594 used; and 595 2. Samples of any writings, worksheets, workbooks, or 596 creative materials used or developed by the student. 597 598 A parent who fails to comply with this subsection forfeits the 599 personal learning scholarship account. 600 (12) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An 601 eligible private school as defined in paragraph (2)(f) must: 602 (a) Comply with all requirements for private schools in ss. 603 1002.42 and 1002.421. A private school participating in a 604 scholarship program under s. 1002.39 or s. 1002.395 must also 605 comply with the requirements of that scholarship program. 606 (b) Provide to the agency, upon request, all documentation 607 required for the student’s participation, including the private 608 school’s and student’s fee schedules. 609 (c) Be academically accountable to the parent for meeting 610 the educational needs of the student. 611 (d) Employ or contract with teachers who have regular and 612 direct contact with each student receiving a scholarship under 613 this section at the school’s physical location. 614 615 The inability of a private school to meet the requirements of 616 this subsection shall constitute a basis for the ineligibility 617 of the private school to participate in the scholarship program 618 as determined by the Department of Education. 619 (13) AGENCY FOR PERSONS WITH DISABILITIES OBLIGATIONS.— 620 (a) The agency shall: 621 1. Monitor and provide oversight for the program. 622 2. Receive applications and determine student eligibility 623 in accordance with the requirements of this section. The agency 624 must notify the Department of Education of the applicants for 625 the program by February 1 prior to the school year in which the 626 student intends to participate and indicate how the student will 627 comply with regular school attendance pursuant to ss. 628 1003.01(13) and 1003.23. 629 3. Notify parents of their receipt of a scholarship on a 630 first-come, first-served basis based upon the funds provided for 631 this program in the General Appropriations Act. 632 4. Establish a date by which a parent must confirm initial 633 or continuing participation in the program and confirm the 634 establishment or continuance of a personal learning scholarship 635 account. 636 5. Establish a date and process by which students on the 637 wait list or late-filing applicants may be allowed to 638 participate in the program during the school year, within the 639 amount of funds provided for this program in the General 640 Appropriations Act. 641 6. Develop an ILSP, in consultation with the parent, which 642 documents the following: 643 a. That the student has an eligible disability. 644 b. Learning goals and objectives for the student which are 645 linked directly to how program funds will be spent for 646 authorized services. 647 c. How attendance requirements in s. 1003.21 will be met. 648 d. How progress towards meeting the individual learning 649 goals and objectives will be assessed and documented for 650 purposes of continued participation in the program. 651 7. Assign a level of services category for each student 652 that documents the nature and intensity of services that the 653 student will need to meet the learning outcomes specified in his 654 or her ILSP. The level of services determines the amount of the 655 award for the student. 656 8. Receive an administrative fee of up to 10 percent from 657 the appropriation to operate the Florida Personal Learning 658 Scholarship Accounts. 659 9. Establish and maintain a separate account for each 660 eligible student. 661 10. Establish and maintain a list of approved providers 662 pursuant to paragraph (2)(b). 663 11. Verify eligible expenditures prior to the distribution 664 of funds for any expenditures made pursuant to paragraphs (5)(a) 665 and (b). The review of expenditures for services in paragraphs 666 (5)(c) through (h) may be completed after the payment has been 667 made. 668 12. Develop a system for payment of benefits by electronic 669 funds transfer, including, but not limited to, debit cards, 670 electronic payment cards, or any other means of electronic 671 payment that the agency deems to be commercially viable or cost 672 effective. Commodities or services related to the development of 673 such a system shall be procured by competitive solicitation 674 unless they are purchased from a state term contract pursuant to 675 s. 287.056. 676 (b) The agency may contract for services. 677 (14) FUNDING AND PAYMENT.— 678 (a) Funding for the Florida Personal Learning Scholarship 679 Accounts shall be provided in the General Appropriations Act 680 which shall specify the annual amount per service level for 681 public school students, private school students, home education 682 students, students receiving a scholarship pursuant to s. 683 1002.39 or s. 1002.395, and students participating in a private 684 tutoring program. 685 (b) Upon an eligible student’s graduation from an eligible 686 postsecondary educational institution or after any period of 4 687 consecutive years after high school graduation in which the 688 student is not enrolled in an eligible postsecondary educational 689 institution, the student’s personal learning scholarship account 690 shall be closed, and any remaining funds shall revert to the 691 state. 692 (c) Moneys received pursuant to this section do not 693 constitute taxable income to the parent of an eligible student. 694 (15) OBLIGATIONS OF THE AUDITOR GENERAL.—The Auditor 695 General shall conduct an annual financial and operational audit 696 of accounts and records of the Florida Personal Learning 697 Scholarship Accounts. As a part of this audit, the Auditor 698 General shall verify, at a minimum, the total amount of students 699 served and eligibility of reimbursement made by the agency and 700 transmit that information to the agency. 701 (16) LIABILITY.—The state is not liable for the award or 702 any use of awarded funds under this section. 703 (17) SCOPE OF AUTHORITY.—This section does not expand the 704 regulatory authority of this state, its officers, or any school 705 district to impose additional regulation on participating 706 private schools, nonpublic postsecondary educational 707 institutions, and private providers beyond those reasonably 708 necessary to enforce requirements expressly set forth in this 709 section. 710 (18) RULES.—The Agency for Persons with Disabilities shall 711 adopt rules pursuant to ss. 120.536(1) and 120.54 to administer 712 this section. 713 (19) IMPLEMENTATION SCHEDULE FOR THE 2014-2015 SCHOOL 714 YEAR.— 715 (a) The Agency for Persons with Disabilities shall, in 716 consultation with an advisory work group, develop an ILSP, 717 levels of services requirements, a system for payment of claims 718 and providers, and a system to document and assess progress 719 toward meeting the individual learning goals and objectives in 720 the ILSP. The advisory work group shall make specific 721 recommendations by October 1, 2014, to the agency. The agency 722 shall adopt rules to implement the recommendations of the 723 advisory group by December 31, 2014. The Commissioner of 724 Education, the executive director of the agency, the Chancellor 725 of the State University System, and the director of the Division 726 of Vocational Rehabilitation shall appoint staff to work on the 727 advisory group with representatives from the Center for Autism 728 and Related Disabilities (CARD) and the Florida Diagnostic and 729 Learning Resources System (FDLRS). 730 (b) Notwithstanding the provisions of this section related 731 to notification and eligibility timelines, the agency may enroll 732 parents in a statewide pilot program on a rolling schedule on a 733 first-come, first-served basis, no later than January 31, 2015, 734 within the amount of funds provided in the General 735 Appropriations Act. 736 (c) There is hereby appropriated for the 2014-2015 fiscal 737 year to the Agency for Persons with Disabilities a sum of 738 $18,400,000 from the Operations and Maintenance Trust Fund for 739 the implementation of the Personal Learning Scholarship Accounts 740 Program. From these funds, $1,500,000 shall be allocated to the 741 Agency for Persons with Disabilities for startup costs for 742 planning and implementation of the pilot program. For the pilot 743 program in the 2014-2015 fiscal year, the agency shall provide 744 awards for eligible students which range from $5,000 to $19,000 745 per recipient and shall be based on service levels established 746 by the agency. Public school students and students who receive a 747 scholarship pursuant to ss. 1002.39 and 1002.395 shall receive 748 50 percent of the designated amount for the student’s service 749 level. 750 Section 11. Present subsection (10) of section 1003.4282, 751 Florida Statutes, is renumbered as subsection (11), and a new 752 subsection (10) is added to that section, to read: 753 1003.4282 Requirements for a standard high school diploma.— 754 (10) STUDENTS WITH DISABILITIES.—Beginning with students 755 entering grade 9 in the 2014-2015 school year, this subsection 756 applies to a student with a disability for whom the IEP team has 757 determined that the Florida Alternate Assessment is the most 758 appropriate measure of the student’s skills. 759 (a) A parent of the student with a disability shall, in 760 collaboration with the individual education plan team pursuant 761 to s. 1003.5716, declare an intent for the student to graduate 762 from high school with either a standard high school diploma or a 763 certificate of completion. A student with a disability who does 764 not satisfy the standard high school diploma requirements 765 pursuant to this section shall be awarded a certificate of 766 completion. 767 (b) The following options, in addition to the other options 768 specified in this section, may be used to satisfy the standard 769 high school diploma requirements, as specified in the student’s 770 individual education plan: 771 1. A combination of course substitutions, assessments, 772 industry certifications, and other acceleration options 773 appropriate to the student’s unique skills and abilities that 774 meet the criteria established by State Board of Education rule. 775 2. A portfolio of quantifiable evidence that documents a 776 student’s mastery of academic standards through rigorous metrics 777 established by State Board of Education rule. A portfolio may 778 include, but is not limited to, documentation of work 779 experience, internships, community service, and postsecondary 780 credit. 781 (c) A student with a disability who meets the standard high 782 school diploma requirements in this section may defer the 783 receipt of a standard high school diploma if the student: 784 1. Has an individual education plan that prescribes special 785 education, transition planning, transition services, or related 786 services through age 21; and 787 2. Is enrolled in accelerated college credit instruction 788 pursuant to s. 1007.27, industry certification courses that lead 789 to college credit, a collegiate high school program, courses 790 necessary to satisfy the Scholar designation requirements, or a 791 structured work-study, internship, or preapprenticeship program. 792 (d) A student with a disability who receives a certificate 793 of completion and has an individual education plan that 794 prescribes special education, transition planning, transition 795 services, or related services through 21 years of age may 796 continue to receive the specified instruction and services. 797 (e) Any waiver of the statewide, standardized assessment 798 requirements by the individual education plan team, pursuant to 799 s. 1008.22(3)(c), must be approved by the parent and is subject 800 to verification for appropriateness by an independent reviewer 801 selected by the parent as provided for in s. 1003.572. 802 Section 12. Effective July 1, 2015, section 1003.438, 803 Florida Statutes, is repealed. 804 Section 13. Section 1003.5716, Florida Statutes, is created 805 to read: 806 1003.5716 Transition to postsecondary education and career 807 opportunities.—All students with disabilities who are 3 years of 808 age to 21 years of age have the right to a free, appropriate 809 public education. As used in this section, the term “IEP” means 810 individual education plan. 811 (1) To ensure quality planning for a successful transition 812 of a student with a disability to postsecondary education and 813 career opportunities, an IEP team shall begin the process of, 814 and develop an IEP for, identifying the need for transition 815 services before the student with a disability attains the age of 816 14 years in order for his or her postsecondary goals and career 817 goals to be identified and in place when he or she attains the 818 age of 16 years. This process must include, but is not limited 819 to: 820 (a) Consideration of the student’s need for instruction in 821 the area of self-determination and self-advocacy to assist the 822 student’s active and effective participation in an IEP meeting; 823 and 824 (b) Preparation for the student to graduate from high 825 school with a standard high school diploma pursuant to s. 826 1003.4282 with a Scholar designation unless the parent chooses a 827 Merit designation. 828 (2) Beginning not later than the first IEP to be in effect 829 when the student turns 16, or younger, if determined appropriate 830 by the parent and the IEP team, the IEP must include the 831 following statements that must be updated annually: 832 (a) A statement of intent to pursue a standard high school 833 diploma and a Scholar or Merit designation, pursuant to s. 834 1003.4285, as determined by the parent. 835 (b) A statement of intent to receive a standard high school 836 diploma before the student reaches the age of 22 and a 837 description of how the student will fully meet the requirements 838 in s. 1003.428 or s. 1003.4282, as applicable, including, but 839 not limited to, a portfolio pursuant to s. 1003.4282(10)(b) that 840 meets the criteria specified in State Board of Education rule. 841 The IEP must also specify the outcomes and additional benefits 842 expected by the parent and the IEP team at the time of the 843 student’s graduation. 844 (c) A statement of appropriate measurable long-term 845 postsecondary education and career goals based upon age 846 appropriate transition assessments related to training, 847 education, employment, and, if appropriate, independent living 848 skills and the transition services, including courses of study 849 needed to assist the student in reaching those goals. 850 (3) Any change in the IEP for the goals specified in 851 subsection (2) must be approved by the parent and is subject to 852 verification for appropriateness by an independent reviewer 853 selected by the parent as provided in s. 1003.572. 854 (4) If a participating agency responsible for transition 855 services, other than the school district, fails to provide the 856 transition services described in the IEP, the school district 857 shall reconvene the IEP team to identify alternative strategies 858 to meet the transition objectives for the student that are 859 specified in the IEP. However, this does not relieve any 860 participating agency of the responsibility to provide or pay for 861 any transition service that the agency would otherwise provide 862 to students with disabilities who meet the eligibility criteria 863 of that agency. 864 Section 14. Subsection (3) of section 1003.572, Florida 865 Statutes, is amended to read: 866 1003.572 Collaboration of public and private instructional 867 personnel.— 868 (3) Private instructional personnel who are hired or 869 contracted by parents to collaborate with public instructional 870 personnel must be permitted to observe the student in the 871 educational setting, collaborate with instructional personnel in 872 the educational setting, and provide services in the educational 873 setting according to the following requirements: 874 (a) The student’s public instructional personnel and 875 principal consent to the time and place. 876 (b) The private instructional personnel satisfy the 877 requirements of s. 1012.32 or s. 1012.321. 878 879 For the purpose of implementing this subsection, a school 880 district may not impose any requirements beyond those 881 requirements specified in this subsection or charge any fees. 882 Section 15. Section 1008.2121, Florida Statutes, is created 883 to read: 884 1008.2121 Students with severe cognitive or physical 885 disabilities; permanent exemption.—Based on information that a 886 reasonably prudent person would rely upon, including, but not 887 limited to, facts contained within an individual education plan 888 under s. 1008.212, documentation from an appropriate health care 889 provider, or certification from the district school board 890 superintendent, the Commissioner of Education shall 891 perfunctorily grant a permanent exemption to a student who 892 suffers from such a severe cognitive disability or physical 893 disability that the student permanently lacks the capacity to 894 take statewide, standardized assessments. The State Board of 895 Education shall adopt rules to administer this section, 896 including, but not limited to, expediting the exemption process 897 to demonstrate the utmost compassion and consideration for 898 meeting the parent’s and student’s needs. 899 Section 16. Paragraph (c) of subsection (5) and paragraph 900 (b) of subsection (6) of section 1008.25, Florida Statutes, are 901 amended to read: 902 1008.25 Public school student progression; remedial 903 instruction; reporting requirements.— 904 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.— 905 (c) The parent of any student who exhibits a substantial 906 deficiency in reading, as described in paragraph (a), must be 907 notified in writing of the following: 908 1. That his or her child has been identified as having a 909 substantial deficiency in reading. 910 2. A description of the current services that are provided 911 to the child. 912 3. A description of the proposed supplemental instructional 913 services and supports that will be provided to the child that 914 are designed to remediate the identified area of reading 915 deficiency. 916 4. That if the child’s reading deficiency is not remediated 917 by the end of grade 3, the child must be retained unless he or 918 she is exempt from mandatory retention for good cause. 919 5. Strategies for parents to use in helping their child 920 succeed in reading proficiency. 921 6. That the Florida Comprehensive Assessment Test (FCAT) is 922 not the sole determiner of promotion and that additional 923 evaluations, portfolio reviews, and assessments are available to 924 the child to assist parents and the school district in knowing 925 when a child is reading at or above grade level and ready for 926 grade promotion. 927 7. The district’s specific criteria and policies for a 928 portfolio as provided in subparagraph (6)(b)4. and the evidence 929 required for a student to demonstrate mastery of Florida’s 930 academic standards for English Language Arts. A parent of a 931 student in grade 3 who is identified anytime during the year as 932 being at risk of retention may request that the school 933 immediately begin collecting evidence for a portfolio. 934 8.7.The district’s specific criteria and policies for 935 midyear promotion. Midyear promotion means promotion of a 936 retained student at any time during the year of retention once 937 the student has demonstrated ability to read at grade level. 938 (6) ELIMINATION OF SOCIAL PROMOTION.— 939 (b) The district school board may only exempt students from 940 mandatory retention, as provided in paragraph (5)(b), for good 941 cause. A student who is promoted to grade 4 with a good cause 942 exemption shall be provided intensive reading instruction and 943 intervention that include specialized diagnostic information and 944 specific reading strategies to meet the needs of each student so 945 promoted. The school district shall assist schools and teachers 946 with the implementation of reading strategies for students 947 promoted with a good cause exemption which research has shown to 948 be successful in improving reading among students that have 949 reading difficulties. Good cause exemptions shall be limited to 950 the following: 951 1. Limited English proficient students who have had less 952 than 2 years of instruction in an English for Speakers of Other 953 Languages program. 954 2. Students with disabilities whose individual education 955 plan indicates that participation in the statewide assessment 956 program is not appropriate, consistent with the requirements of 957 State Board of Education rule. 958 3. Students who demonstrate an acceptable level of 959 performance on an alternative standardized reading or English 960 Language Arts assessment approved by the State Board of 961 Education. 962 4. A student who demonstrates through a student portfolio 963 that he or she is performing at least at Level 2 on FCAT Reading 964 or the common core English Language Arts assessment, as 965 applicable under s. 1008.22. 966 5. Students with disabilities who participate in FCAT 967 Reading or the common core English Language Arts assessment, as 968 applicable under s. 1008.22, and who have an individual 969 education plan or a Section 504 plan that reflects that the 970 student has received intensive remediation in reading and 971 English Language Arts for more than 2 years but still 972 demonstrates a deficiency and was previously retained in 973 kindergarten, grade 1, grade 2, or grade 3. 974 6. Students who have received intensive reading 975 intervention for 2 or more years but still demonstrate a 976 deficiency in reading and who were previously retained in 977 kindergarten, grade 1, grade 2, or grade 3 for a total of 2 978 years. A student may not be retained more than once in grade 3. 979 7.6.Students who have received intensive remediation in 980 reading and English Language Arts, as applicable under s. 981 1008.22, for 2 or more years but still demonstrate a deficiency 982 and who were previously retained in kindergarten, grade 1, grade 983 2, or grade 3 for a total of 2 years. Intensive instruction for 984 students so promoted must include an altered instructional day 985 that includes specialized diagnostic information and specific 986 reading strategies for each student. The district school board 987 shall assist schools and teachers to implement reading 988 strategies that research has shown to be successful in improving 989 reading among low-performing readers. 990 Section 17. Effective July 1, 2015, paragraph (c) of 991 subsection (1) of section 120.81, Florida Statutes, is amended 992 to read: 993 120.81 Exceptions and special requirements; general areas.— 994 (1) EDUCATIONAL UNITS.— 995 (c) Notwithstanding s. 120.52(16), any tests, test scoring 996 criteria, or testing procedures relating to student assessment 997 which are developed or administered by the Department of 998 Education pursuant to s. 1003.428, s. 1003.429,s. 1003.438,s. 999 1008.22, or s. 1008.25, or any other statewide educational tests 1000 required by law, are not rules. 1001 Section 18. Effective July 1, 2015, paragraph (a) of 1002 subsection (2) of section 409.1451, Florida Statutes, is amended 1003 to read: 1004 409.1451 The Road-to-Independence Program.— 1005 (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.— 1006 (a) A young adult is eligible for services and support 1007 under this subsection if he or she: 1008 1. Was living in licensed care on his or her 18th birthday 1009 or is currently living in licensed care; or was at least 16 1010 years of age and was adopted from foster care or placed with a 1011 court-approved dependency guardian after spending at least 6 1012 months in licensed care within the 12 months immediately 1013 preceding such placement or adoption; 1014 2. Spent at least 6 months in licensed care before reaching 1015 his or her 18th birthday; 1016 3. Earned a standard high school diploma or its equivalent 1017 pursuant to s. 1003.428, s. 1003.4281, s. 1003.429, or s. 1018 1003.435, or s. 1003.438; 1019 4. Has been admitted for enrollment as a full-time student 1020 or its equivalent in an eligible postsecondary educational 1021 institution as provided in s. 1009.533. For purposes of this 1022 section, the term “full-time” means 9 credit hours or the 1023 vocational school equivalent. A student may enroll part-time if 1024 he or she has a recognized disability or is faced with another 1025 challenge or circumstance that would prevent full-time 1026 attendance. A student needing to enroll part-time for any reason 1027 other than having a recognized disability must get approval from 1028 his or her academic advisor; 1029 5. Has reached 18 years of age but is not yet 23 years of 1030 age; 1031 6. Has applied, with assistance from the young adult’s 1032 caregiver and the community-based lead agency, for any other 1033 grants and scholarships for which he or she may qualify; 1034 7. Submitted a Free Application for Federal Student Aid 1035 which is complete and error free; and 1036 8. Signed an agreement to allow the department and the 1037 community-based care lead agency access to school records. 1038 Section 19. Effective July 1, 2015, subsection (4) of 1039 section 1007.263, Florida Statutes, is amended to read: 1040 1007.263 Florida College System institutions; admissions of 1041 students.—Each Florida College System institution board of 1042 trustees is authorized to adopt rules governing admissions of 1043 students subject to this section and rules of the State Board of 1044 Education. These rules shall include the following: 1045 (4) A student who has been awardeda special diploma as1046defined in s. 1003.438 ora certificate of completion as defined 1047 in s. 1003.428(7)(b) is eligible to enroll in certificate career 1048 education programs. 1049 1050 Each board of trustees shall establish policies that notify 1051 students about developmental education options for improving 1052 their communication or computation skills that are essential to 1053 performing college-level work, including tutoring, extended time 1054 in gateway courses, free online courses, adult basic education, 1055 adult secondary education, or private provider instruction. 1056 Section 20. Subsection (10) of section 1009.98, Florida 1057 Statutes, is amended to read: 1058 1009.98 Stanley G. Tate Florida Prepaid College Program.— 1059 (10) PAYMENTS ON BEHALF OF QUALIFIED BENEFICIARIES.— 1060 (a) As used in this subsection, the term: 1061 1. “Actuarial reserve” means the amount by which the 1062 expected value of the assets exceedsexceedthe expected value 1063 of the liabilities of the trust fund. 1064 2. “Dormitory fees” means the fees included under advance 1065 payment contracts pursuant to paragraph (2)(d). 1066 3. “Fiscal year” means the fiscal year of the state 1067 pursuant to s. 215.01. 1068 4. “Local fees” means the fees covered by an advance 1069 payment contract provided pursuant to subparagraph (2)(b)2. 1070 5. “Tuition differential” means the fee covered by advance 1071 payment contracts sold pursuant to subparagraph (2)(b)3. The 1072 base rate for the tuition differential fee for the 2012-2013 1073 fiscal year is established at $37.03 per credit hour. The base 1074 rate for the tuition differential in subsequent years is the 1075 amount assessedpaid by the boardfor the tuition differential 1076 for the preceding year adjusted pursuant to subparagraph (b)2. 1077 (b) Effective with the 2009-2010 academic year and 1078 thereafter, and notwithstanding the provisions of s. 1009.24, 1079 the amount paid by the board to any state university on behalf 1080 of a qualified beneficiary of an advance payment contract whose 1081 contract was purchased before July 1, 20242009, shall be: 1082 1. As to registration fees, if the actuarial reserve is 1083 less than 5 percent of the expected liabilities of the trust 1084 fund, the board shall pay the state universities 5.5 percent 1085 above the amount assessed for registration fees in the preceding 1086 fiscal year. If the actuarial reserve is between 5 percent and 6 1087 percent of the expected liabilities of the trust fund, the board 1088 shall pay the state universities 6 percent above the amount 1089 assessed for registration fees in the preceding fiscal year. If 1090 the actuarial reserve is between 6 percent and 7.5 percent of 1091 the expected liabilities of the trust fund, the board shall pay 1092 the state universities 6.5 percent above the amount assessed for 1093 registration fees in the preceding fiscal year. If the actuarial 1094 reserve is equal to or greater than 7.5 percent of the expected 1095 liabilities of the trust fund, the board shall pay the state 1096 universities 7 percent above the amount assessed for 1097 registration fees in the preceding fiscal year, whichever is 1098 greater. 1099 2. As to the tuition differential, if the actuarial reserve 1100 is less than 5 percent of the expected liabilities of the trust 1101 fund, the board shall pay the state universities 5.5 percent 1102 above the base rate for the tuition differential fee in the 1103 preceding fiscal year. If the actuarial reserve is between 5 1104 percent and 6 percent of the expected liabilities of the trust 1105 fund, the board shall pay the state universities 6 percent above 1106 the base rate for the tuition differential fee in the preceding 1107 fiscal year. If the actuarial reserve is between 6 percent and 1108 7.5 percent of the expected liabilities of the trust fund, the 1109 board shall pay the state universities 6.5 percent above the 1110 base rate for the tuition differential fee in the preceding 1111 fiscal year. If the actuarial reserve is equal to or greater 1112 than 7.5 percent of the expected liabilities of the trust fund, 1113 the board shall pay the state universities 7 percent above the 1114 base rate for the tuition differential fee in the preceding 1115 fiscal year. 1116 3. As to local fees, the board shall pay the state 1117 universities 5 percent above the amount assessed for local fees 1118 in the preceding fiscal year. 1119 4. As to dormitory fees, the board shall pay the state 1120 universities 6 percent above the amount assessed for dormitory 1121 fees in the preceding fiscal year. 1122 5. Qualified beneficiaries of advance payment contracts 1123 purchased before July 1, 2007, are exempt from paying any 1124 tuition differential fee. 1125 (c) Notwithstanding the amount assessed for registration 1126 fees, the tuition differential fee, or local fees, the amount 1127 paid by the board to any state university on behalf of a 1128 qualified beneficiary of an advance payment contract purchased 1129 before July 1, 2024, may not exceed 100 percent of the amount 1130 charged by the state university for the aggregate sum of those 1131 fees. 1132 (d) Notwithstanding the amount assessed for dormitory fees, 1133 the amount paid by the board to any state university on behalf 1134 of a qualified beneficiary of an advance payment contract 1135 purchased before July 1, 2024, may not exceed 100 percent of the 1136 amount charged by the state university for dormitory fees. 1137 (e)(c)The board shall pay state universities the actual 1138 amount assessed in accordance with law for registration fees, 1139 the tuition differential, local fees, and dormitory fees for 1140 advance payment contracts purchased on or after July 1, 2024 11412009. 1142 (f)(d)The board shall annually evaluate or cause to be 1143 evaluated the actuarial soundness of the trust fund. 1144 Section 21. In order to implement Specific Appropriations 9 1145 and 96 of the 2014-2015, General Appropriations Act, paragraph 1146 (f) of subsection (1) and paragraphs (a) and (c) of subsection 1147 (9) of section 1011.62, Florida Statutes, are amended to read: 1148 1011.62 Funds for operation of schools.—If the annual 1149 allocation from the Florida Education Finance Program to each 1150 district for operation of schools is not determined in the 1151 annual appropriations act or the substantive bill implementing 1152 the annual appropriations act, it shall be determined as 1153 follows: 1154 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 1155 OPERATION.—The following procedure shall be followed in 1156 determining the annual allocation to each district for 1157 operation: 1158 (f) Supplemental academic instruction; categorical fund.— 1159 1. There is created a categorical fund to provide 1160 supplemental academic instruction to students in kindergarten 1161 through grade 12. This paragraph may be cited as the 1162 “Supplemental Academic Instruction Categorical Fund.” 1163 2. Categorical funds for supplemental academic instruction 1164 shall be allocated annually to each school district in the 1165 amount provided in the General Appropriations Act. These funds 1166 areshall bein addition to the funds appropriated on the basis 1167 of FTE student membership in the Florida Education Finance 1168 Program and shall be included in the total potential funds of 1169 each district. These funds shall be used to provide supplemental 1170 academic instruction to students enrolled in the K-12 program. 1171 For the2012-2013, 2013-2014, and2014-2015 fiscal yearyears, 1172 each school district that has one or more of the 300100lowest 1173 performing elementary schools based on the state reading 1174 assessment shall use these funds, together with the funds 1175 provided in the district’s research-based reading instruction 1176 allocation and other available funds, to provide an additional 1177 hour of instruction beyond the normal school day for each day of 1178 the entire school year for intensive reading instruction for the 1179 students in each of these schools. This additional hour of 1180 instruction must be provided only by teachers or reading 1181 specialists who are effective in teaching reading. Students 1182 enrolled in these schools who have level 5 assessment scores may 1183 participate in the additional hour of instruction on an optional 1184 basis. Exceptional student education centers areshallnotbe1185 included in the 300100schools. After this requirement has been 1186 met, supplemental instruction strategies may include, but are1187not limited to: modified curriculum, reading instruction, after 1188 school instruction, tutoring, mentoring, class size reduction, 1189 extended school year, intensive skills development in summer 1190 school, and other methods for improving student achievement. 1191 Supplemental instruction may be provided to a student in any 1192 manner and at any time during or beyond the regular 180-day term 1193 identified by the school as being the most effective and 1194 efficient way to best help that student progress from grade to 1195 grade and to graduate. 1196 3.Effective with the 1999-2000 fiscal year,Funding on the 1197 basis of FTE membership beyond the 180-day regular term shall be 1198 provided in the FEFP only for students enrolled in juvenile 1199 justice education programs or in education programs for 1200 juveniles placed in secure facilities or programs under s. 1201 985.19. Funding for instruction beyond the regular 180-day 1202 school year for all other K-12 students shall be provided 1203 through the supplemental academic instruction categorical fund 1204 and other state, federal, and local fund sources with ample 1205 flexibility for schools to provide supplemental instruction to 1206 assist students in progressing from grade to grade and 1207 graduating. 1208 4. The Florida State University School, as a lab school, is 1209 authorized to expend from its FEFP or Lottery Enhancement Trust 1210 Fund allocation the cost to the student of remediation in 1211 reading, writing, or mathematics for any graduate who requires 1212 remediation at a postsecondary educational institution. 1213 5.Beginning in the 1999-2000 school year,Dropout 1214 prevention programs as defined in ss. 1003.52, 1003.53(1)(a), 1215 (b), and (c), and 1003.54 shall be included in group 1 programs 1216 under subparagraph (d)3. 1217 (9) RESEARCH-BASED READING INSTRUCTION ALLOCATION.— 1218 (a) The research-based reading instruction allocation is 1219 created to provide comprehensive reading instruction to students 1220 in kindergarten through grade 12. For the2012-2013, 2013-2014,1221and2014-2015 fiscal yearyears, in each school district that 1222 has one or more of the 300100lowest-performing elementary 1223 schools based on the state reading assessment, priority shall be 1224 given to providing an additional hour per day of intensive 1225 reading instruction beyond the normal school day for each day of 1226 the entire school year for the students in each school. Students 1227 enrolled in these schools who have level 5 assessment scores may 1228 participate in the additional hour of instruction on an optional 1229 basis. Exceptional student education centers areshallnotbe1230 included in the 300100schools. The intensive reading 1231 instruction delivered in this additional hour and for other 1232 students shall include: research-based reading instruction that 1233 has been proven to accelerate progress of students exhibiting a 1234 reading deficiency; differentiated instruction based on student 1235 assessment data to meet students’ specific reading needs; 1236 explicit and systematic reading development in phonemic 1237 awareness, phonics, fluency, vocabulary, and comprehension, with 1238 more extensive opportunities for guided practice, error 1239 correction, and feedback; and the integration of social studies, 1240 science, and mathematics-text reading, text discussion, and 1241 writing in response to reading. For the 2012-2013 and 2013-2014 1242 fiscal years, a school district may not hire more reading 1243 coaches than were hired during the 2011-2012 fiscal year unless 1244 all students in kindergarten through grade 5 who demonstrate a 1245 reading deficiency, as determined by district and state 1246 assessments, including students scoring Level 1 or Level 2 on 1247 FCAT Reading, are provided an additional hour per day of 1248 intensive reading instruction beyond the normal school day for 1249 each day of the entire school year. 1250 (c) Funds allocated under this subsection must be used to 1251 provide a system of comprehensive reading instruction to 1252 students enrolled in the K-12 programs, which may include the 1253 following: 1254 1. The provision of an additional hour per day of intensive 1255 reading instruction to students in the 300100lowest-performing 1256 elementary schools by teachers and reading specialists who are 1257 effective in teaching reading. 1258 2. Kindergarten through grade 5 reading intervention 1259 teachers to provide intensive intervention during the school day 1260 and in the required extra hour for students identified as having 1261 a reading deficiency. 1262 3. The provision of highly qualified reading coaches to 1263 specifically support teachers in making instructional decisions 1264 based on student data, and improve teacher delivery of effective 1265 reading instruction, intervention, and reading in the content 1266 areas based on student need. 1267 4. Professional development for school district teachers in 1268 scientifically based reading instruction, including strategies 1269 to teach reading in content areas and with an emphasis on 1270 technical and informational text. 1271 5. The provision of summer reading camps for all students 1272 in kindergarten through grade 2 who demonstrate a reading 1273 deficiency as determined by district and state assessments, and 1274 students in grades 3 through 5 who score at Level 1 on FCAT 1275 Reading. 1276 6. The provision of supplemental instructional materials 1277 that are grounded in scientifically based reading research. 1278 7. The provision of intensive interventions for students in 1279 kindergarten through grade 12 who have been identified as having 1280 a reading deficiency or who are reading below grade level as 1281 determined by the FCAT. 1282 Section 22. A student may not take a district-developed 1283 assessment, a district-selected assessment, or a district 1284 mandated assessment within the 2 weeks before or the 2 weeks 1285 after taking a statewide, standardized assessment. However, a 1286 student may, within the 2 weeks before or the 2 weeks after 1287 taking a statewide, standardized assessment: 1288 (1) Take a college entrance examination, an Advanced 1289 Placement examination, an International Baccalaureate 1290 examination, an Advanced International Certificate of Education 1291 examination, or an industry-approved examination to earn 1292 national industry certifications identified in the Industry 1293 Certification Funding List; or 1294 (2) Retake a statewide, standardized assessment. 1295 Section 23. Except as otherwise expressly provided in this 1296 act, this act shall take effect upon becoming a law and shall 1297 apply retroactively to March 31, 2014. 1298 1299 ================= T I T L E A M E N D M E N T ================ 1300 And the title is amended as follows: 1301 Delete everything before the enacting clause 1302 and insert: 1303 A bill to be entitled 1304 An act relating to education; amending s. 215.61, 1305 F.S.; requiring deposit of a certain amount of funds 1306 into a separate account within the Public Education 1307 Capital Outlay and Debt Service Trust Fund; requiring 1308 transfer of such funds to the State Board of 1309 Administration for the timely payment of principal and 1310 interest on bonds; requiring the State Board of 1311 Education to transfer a specified amount of funds into 1312 a separate account within the Public Education Capital 1313 Outlay and Debt Service Trust Fund for the payment of 1314 debt service on certain bonds; amending s. 1001.03, 1315 F.S.; prohibiting the State Board of Education from 1316 approving proposals for baccalaureate degree programs 1317 at Florida College System institutions during a 1318 specified period; amending s. 1007.33, F.S.; 1319 prohibiting the Board of Trustees of the St. 1320 Petersburg College from establishing new baccalaureate 1321 degree programs during a specified period; amending s. 1322 1009.22, F.S.; deleting a provision relating to the 1323 automatic rate of inflation increase in tuition and 1324 out-of-state fee per contact hour for workforce 1325 education programs; deleting a requirement that the 1326 Office of Economic and Demographic Research annually 1327 report the rate of inflation to the Governor, the 1328 Legislature, and the State Board of Education; 1329 deleting the definition of the term “rate of 1330 inflation”; amending s. 1009.23, F.S.; deleting a 1331 provision relating to the automatic rate of inflation 1332 increase in tuition and out-of-state fees at Florida 1333 College System institutions; deleting a requirement 1334 that the Office of Economic and Demographic Research 1335 annually report the rate of inflation to the Governor, 1336 the Legislature, and the State Board of Education; 1337 deleting the definition of the term “rate of 1338 inflation”; amending s. 1009.24, F.S.; deleting a 1339 provision relating to the automatic rate of inflation 1340 increase in resident undergraduate tuition per credit 1341 hour at state universities; deleting a requirement 1342 that the Office of Economic and Demographic Research 1343 annually report the rate of inflation to the Governor, 1344 the Legislature, and the Board of Governors; deleting 1345 the definition of the term “rate of inflation”; 1346 revising the annual percentage increase allowed in the 1347 aggregate sum of tuition and the tuition differential 1348 at state universities; amending s. 1009.55, F.S.; 1349 increasing the annual maximum number of scholarships 1350 that may be awarded in the Rosewood Family Scholarship 1351 Program; increasing the annual maximum award amount 1352 per student; creating s. 1009.893, F.S.; creating the 1353 Florida National Merit Scholar Incentive Program; 1354 defining terms; providing the purpose of the incentive 1355 program; requiring the Department of Education to 1356 administer the incentive program, advertise the 1357 availability of the incentive program, and notify 1358 students, teachers, parents, and school administrators 1359 about the incentive program’s criteria and application 1360 procedures; providing eligibility requirements for the 1361 incentive program; requiring certain students who are 1362 National Merit Scholars or National Achievement 1363 Scholars to receive certain incentive awards; 1364 providing eligibility requirements to renew an award; 1365 authorizing a student to receive an incentive award 1366 for certain maximum percentage amounts of the number 1367 of credit hours required to complete an associate 1368 degree, a baccalaureate degree, or a career 1369 certificate; requiring the department to issue awards 1370 from the incentive program and to transmit payment for 1371 each award; authorizing the department to withhold 1372 payment under certain circumstances; requiring 1373 institutions to certify to the department the 1374 eligibility status of each student to receive a 1375 disbursement of an award during a specified time; 1376 requiring the institution to certify to the department 1377 the disbursement amounts to each student and remit to 1378 the department undisbursed funds; providing for 1379 proration of funds; prohibiting use of funds for 1380 remedial coursework or developmental education; 1381 authorizing a student to use funds during the summer 1382 term under certain circumstances; authorizing 1383 incentive program funds appropriated by the 1384 Legislature to be deposited in the State Student 1385 Financial Assistance Trust Fund; providing for use of 1386 any remaining balance of appropriated funds in the 1387 trust fund; requiring the department to allocate funds 1388 to appropriate institutions and collect and maintain 1389 certain data regarding the incentive program; 1390 requiring the State Board of Education to adopt rules; 1391 providing for retroactive application; creating s. 1392 1002.385, F.S.; establishing the Florida Personal 1393 Learning Scholarship Accounts; defining terms; 1394 specifying criteria for students who are eligible to 1395 participate in the program; identifying certain 1396 students who are not eligible to participate in the 1397 program; authorizing the use of awarded funds for 1398 specific purposes; prohibiting specific providers, 1399 schools, institutions, school districts, and other 1400 entities from sharing, refunding, or rebating program 1401 funds; specifying the terms of the program; providing 1402 that the school district retains all duties, 1403 authority, and responsibilities specified in the 1404 Florida K-20 Education Code; specifying the duties of 1405 the Department of Education relating to the program; 1406 providing that the Commissioner of Education retains 1407 all current duties, authority, and responsibilities as 1408 specified in the Florida K-20 Education Code; 1409 requiring the executive director of the Agency for 1410 Persons with Disabilities to deny, suspend, or revoke 1411 participation in the program or use of program funds 1412 under certain circumstances; providing additional 1413 factors under which the executive director may deny, 1414 suspend, or revoke a participation in the program or 1415 program funds; requiring a parent to sign an agreement 1416 with the Agency for Persons with Disabilities to 1417 enroll his or her child in the program which specifies 1418 the responsibilities of a parent or student for using 1419 funds in a personal learning scholarship account and 1420 for submitting a compliance statement to the agency; 1421 providing that a parent who fails to comply with the 1422 responsibilities of the agreement forfeits the 1423 personal learning scholarship account; providing 1424 eligibility requirements and obligations for private 1425 schools under the program; specifying agency 1426 obligations under the program; authorizing the agency 1427 to contract for services; providing for funding and 1428 payment; providing the Auditor General’s obligations 1429 under the program; providing that the state is not 1430 liable for the use of awarded funds; providing for the 1431 scope of authority; requiring the agency to adopt 1432 rules; providing for implementation of the program in 1433 a specified school year; providing an appropriation; 1434 amending s. 1003.4282, F.S.; providing standard high 1435 school diploma requirements for certain students with 1436 disabilities; authorizing certain students with 1437 disabilities to continue to receive certain 1438 instructions and services; requiring an independent 1439 review and a parent’s approval to waive statewide, 1440 standardized assessment requirements by the individual 1441 education plan (IEP) team; repealing s. 1003.438, 1442 F.S., relating to special high school graduation 1443 requirements for certain exceptional students; 1444 creating s. 1003.5716, F.S.; providing that certain 1445 students with disabilities have a right to free, 1446 appropriate public education; requiring an IEP team to 1447 begin the process of, and to develop an IEP for, 1448 identifying transition services needs for a student 1449 with a disability before the student attains a 1450 specified age; providing requirements for the process; 1451 requiring certain statements to be included and 1452 annually updated in the IEP; providing that changes in 1453 the goals specified in an IEP are subject to 1454 independent review and parental approval; requiring 1455 the school district to reconvene the IEP team to 1456 identify alternative strategies to meet transition 1457 objectives if a participating agency fails to provide 1458 transition services specified in the IEP; providing 1459 that the agency’s failure does not relieve the agency 1460 of the responsibility to provide or pay for the 1461 transition services that the agency otherwise would 1462 have provided; amending s. 1003.572, F.S.; prohibiting 1463 a school district from imposing additional 1464 requirements on private instructional personnel or 1465 charging fees; creating s. 1008.2121, F.S.; requiring 1466 the Commissioner of Education to permanently exempt 1467 certain students with disabilities from taking 1468 statewide, standardized assessments; requiring the 1469 State Board of Education to adopt rules; amending s. 1470 1008.25, F.S.; requiring written notification relating 1471 to portfolios to a parent of a student with a 1472 substantial reading deficiency; requiring a student 1473 promoted to a certain grade with a good cause 1474 exemption to receive intensive reading instruction and 1475 intervention; requiring a school district to assist 1476 schools and teachers with the implementation of 1477 reading strategies; revising good cause exemptions; 1478 amending ss. 120.81, 409.1451, and 1007.263, F.S.; 1479 conforming cross-references; amending s. 1009.98, 1480 F.S.; redefining the term “tuition differential”; 1481 revising the purchase date of an advance payment 1482 contract as it relates to the amount paid by the 1483 Florida Prepaid College Board to a state university on 1484 behalf of a qualified beneficiary; prohibiting the 1485 amount of the aggregate sum of registration fees, the 1486 tuition differential fee, and local fees paid by the 1487 board to a state university on behalf of a qualified 1488 beneficiary of an advance payment contract from 1489 exceeding a certain percentage of the amount charged 1490 by the state university for the aggregate sum of those 1491 fees; prohibiting the amount of the dormitory fees 1492 paid for by the board to a state university on behalf 1493 of a qualified beneficiary of an advance payment 1494 contract from exceeding a certain percentage of the 1495 amount charged by the state university for those fees; 1496 conforming provisions to changes made by the act; 1497 amending s. 1011.62, F.S.; increasing the number of 1498 schools eligible for categorical funding for 1499 supplemental academic instruction and for the 1500 research-based reading instruction allocation; 1501 prohibiting a student from taking certain local 1502 assessments during a specified time; providing 1503 exceptions for certain examinations; providing 1504 effective dates.