Bill Text: FL S1512 | 2014 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Education
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Introduced - Dead) 2014-05-02 - Died on Calendar, companion bill(s) passed, see CS/CS/SB 850 (Ch. 2014-184), CS/SB 1642 (Ch. 2014-23) [S1512 Detail]
Download: Florida-2014-S1512-Comm_Sub.html
Bill Title: Education
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Introduced - Dead) 2014-05-02 - Died on Calendar, companion bill(s) passed, see CS/CS/SB 850 (Ch. 2014-184), CS/SB 1642 (Ch. 2014-23) [S1512 Detail]
Download: Florida-2014-S1512-Comm_Sub.html
Florida Senate - 2014 CS for SB 1512 By the Committee on Education; and Senators Stargel, Thrasher, Gardiner, and Galvano 581-02750-14 20141512c1 1 A bill to be entitled 2 An act relating to students with disabilities; 3 creating s. 1002.385, F.S.; establishing the Florida 4 Personalized Accounts for Learning; defining terms; 5 specifying criteria for students who are eligible to 6 participate in the program; identifying certain 7 students who are not eligible to participate in the 8 program; authorizing the use of awarded funds for 9 specific purposes; prohibiting specific providers, 10 schools, institutions, school districts, and other 11 entities from sharing, refunding, or rebating program 12 funds; specifying the terms of the program; requiring 13 a school district to notify the parent regarding the 14 option to participate in the program; specifying the 15 school district’s responsibilities for completing a 16 matrix of services and notifying the Department of 17 Education of the completion of the matrix; requiring 18 the department to notify the parent regarding the 19 amount of the awarded funds; authorizing the school 20 district to change the matrix under certain 21 circumstances; requiring the school district in which 22 a student resides to provide locations and times to 23 take all statewide assessments; requiring the school 24 district to notify parents of the availability of a 25 reevaluation; specifying the duties of the Department 26 of Education relating to the program; requiring the 27 Commissioner of Education to deny, suspend, or revoke 28 participation in the program or use of program funds 29 under certain circumstances; providing additional 30 factors under which the commissioner may deny, 31 suspend, or revoke a participation in the program or 32 program funds; requiring a parent to sign an agreement 33 with the Department of Education to enroll his or her 34 child in the program which specifies the 35 responsibilities of a parent or student for using 36 funds in an account and for submitting a compliance 37 statement to the department; providing that a parent 38 who fails to comply with the responsibilities of the 39 agreement forfeits the personalized account for 40 learning; providing for funding and payments; 41 requiring the department to request from the 42 Department of Financial Services a sample of payments 43 from the authorized financial institution for 44 specified purposes; providing for the closing of a 45 student’s account and reversion of funds to the state; 46 requiring the department to make payments to the 47 personalized accounts for learning at the authorized 48 financial institution, select an authorized financial 49 institution through a competitive bidding process to 50 administer the personalized accounts for learning, and 51 require audits of the authorized financial 52 institution’s personalized accounts for learning; 53 requiring the Chief Financial Officer to conduct 54 audits; providing that the state is not liable for the 55 award or use of awarded funds; providing for the scope 56 of authority of the act; requiring the State Board of 57 Education to adopt rules to administer the program; 58 amending s. 1003.4282, F.S.; providing standard high 59 school diploma requirements for certain students with 60 an intellectual disability or cognitive disability; 61 authorizing certain students with disabilities to 62 continue to receive certain instructions and services; 63 requiring an independent review and a parent’s 64 approval to waive statewide, standardized assessment 65 requirements by the IEP team; repealing s. 1003.438, 66 F.S., relating to special high school graduation 67 requirements for certain exceptional students; 68 creating s. 1003.5716, F.S.; providing that certain 69 students with disabilities have a right to free, 70 appropriate public education; requiring an individual 71 education plan (IEP) team to begin the process of, and 72 to develop an IEP for, identifying transition services 73 needs for a student with a disability before the 74 student attains a specified age; providing 75 requirements for the process; requiring certain 76 statements to be included and annually updated in the 77 IEP; providing that changes in the goals specified in 78 an IEP are subject to independent review and parental 79 approval; requiring the school district to reconvene 80 the IEP team to identify alternative strategies to 81 meet transition objectives if a participating agency 82 fails to provide transition services specified in the 83 IEP; providing that the agency’s failure does not 84 relieve the agency of the responsibility to provide or 85 pay for the transition services that the agency 86 otherwise would have provided; amending s. 1003.572, 87 F.S.; prohibiting a school district from charging fees 88 or imposing additional requirements on private 89 instructional personnel; creating s. 1008.2121, F.S.; 90 requiring the Commissioner of Education to permanently 91 exempt certain students with disabilities from taking 92 statewide, standardized assessments; requiring the 93 State Board of Education to adopt rules; amending s. 94 1008.25, F.S.; requiring written notification relating 95 to portfolios to a parent of a student with a 96 substantial reading deficiency; requiring a student 97 promoted to a certain grade with a good cause 98 exemption to receive intensive reading instruction and 99 intervention; requiring a school district to assist 100 schools and teachers with the implementation of 101 reading strategies; revising good cause exemptions; 102 amending ss. 120.81, 409.1451, and 1007.263, F.S.; 103 conforming cross-references; providing effective 104 dates. 105 106 Be It Enacted by the Legislature of the State of Florida: 107 108 Section 1. Section 1002.385, Florida Statutes, is created 109 to read: 110 1002.385 Florida Personalized Accounts for Learning.— 111 (1) ESTABLISHMENT OF PROGRAM.—The Florida Personalized 112 Accounts for Learning is established to provide the option for a 113 parent to better meet the individual educational needs of his or 114 her eligible child. 115 (2) DEFINITIONS.—As used in this section, the term: 116 (a) “Approved provider” means a provider approved by the 117 Agency for Persons with Disabilities and a provider approved by 118 the department pursuant to s. 1002.66. 119 (b) “Authorized financial institution” means the 120 institution that is designated in writing by the parent to 121 receive payment of program funds into the parent’s personalized 122 account for learning at such institution. 123 (c) “Chief Financial Officer” means the chief fiscal 124 officer of this state, as defined in s. 17.001. 125 (d) “Curriculum” means a complete course of study for a 126 particular content area or grade level, including any required 127 supplemental materials. 128 (e) “Department” means the Department of Education. 129 (f) “Disability” means, for a student in kindergarten to 130 grade 12, autism, as defined in s. 393.063(3); cerebral palsy, 131 as defined in s. 393.063(4); Down syndrome, as defined in s. 132 393.063(13); an intellectual disability, as defined in s. 133 393.063(21); Prader-Willi syndrome, as defined in s. 134 393.063(25); or Spina bifida, as defined in s. 393.063(36); for 135 a student in kindergarten, being a high-risk child, as defined 136 in s. 393.063(20)(a); and Williams syndrome. 137 (g) “Eligible postsecondary educational institution” means 138 a Florida College System institution, a state university, a 139 school district technical center, a school district adult 140 general education center, or an accredited nonpublic 141 postsecondary educational institution, as defined in s. 1005.02, 142 which is licensed to operate in the state pursuant to 143 requirements specified in part III of chapter 1005. 144 (h) “Eligible private school” means a private school, as 145 defined in s. 1002.01, which is located in this state, which 146 offers an education to students in any grade from kindergarten 147 to grade 12, and which meets requirements of ss. 1002.42 and 148 1002.421. 149 (i) “IEP” means individual education plan. 150 (j) “Parent” means a resident of this state who is a 151 parent, as defined in s. 1000.21. 152 (k) “Program” means the Florida Personalized Accounts for 153 Learning established in this section. 154 (3) PROGRAM ELIGIBILITY.—A parent of a student with a 155 disability may request and receive from the state a Florida 156 personalized account for learning for the purposes specified in 157 subsection (5) if: 158 (a) The student: 159 1. Is a resident of this state; 160 2. Is eligible to enroll in kindergarten through grade 12 161 in a public school in this state; 162 3. Has a disability as defined in paragraph (2)(f) and is 163 eligible for Level 3 to Level 5 services; and 164 4. Is the subject of an IEP written in accordance with 165 rules of the State Board of Education; and 166 (b) The parent has requested from the department a 167 participation in the program at least 60 days before the date of 168 the first payment. The request must be communicated directly to 169 the department in a manner that creates a written or electronic 170 record of the request and the date of receipt of the request. 171 The department must notify the district of the parent’s intent 172 upon receipt of the parent’s request. 173 (4) PROGRAM PROHIBITIONS.— 174 (a) A student is not eligible for the program while he or 175 she is: 176 1. Enrolled in a public school, including, but not limited 177 to, the Florida School for the Deaf and the Blind, the Florida 178 Virtual School, the College-Preparatory Boarding Academy, a 179 developmental research school authorized under s. 1002.32, a 180 charter school authorized under s. 1002.33, s. 1002.331, or s. 181 1002.332, or a virtual education program authorized under s. 182 1002.45; 183 2. Enrolled in a school operating for the purpose of 184 providing educational services to youth in the Department of 185 Juvenile Justice commitment programs; 186 3. Receiving a scholarship pursuant to the Florida Tax 187 Credit Scholarship Program under s. 1002.395 or the John M. 188 McKay Scholarships for Students with Disabilities Program under 189 s. 1002.39; or 190 4. Receiving an educational scholarship pursuant to this 191 chapter. 192 (b) A student is not eligible for the program if: 193 1. The student or student’s parent has accepted any 194 payment, refund, or rebate, in any manner, from a provider of 195 any services received pursuant to subsection (5); 196 2. The student’s participation in the program has been 197 denied or revoked by the Commissioner of Education pursuant to 198 subsection (9); or 199 3. The student’s parent has forfeited participation in the 200 program for failure to comply with requirements pursuant to 201 subsection (10). 202 (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds may be 203 spent for the following purposes, as specified in the student’s 204 IEP or the portion of the IEP regarding the transition of the 205 student to postsecondary education and career opportunities 206 pursuant to s. 1003.5716: 207 (a) Instructional materials, including digital devices, 208 digital periphery devices, and assistive technology devices that 209 allow a student to access instruction or instructional content. 210 (b) Curriculum as defined in paragraph (2)(d). 211 (c) Specialized services by approved providers that are 212 selected by the parent and specified in the student’s IEP. These 213 specialized services may include, but are not limited to: 214 1. Applied behavior analysis services as provided in ss. 215 627.6686 and 641.31098. 216 2. Services provided by speech-language pathologists as 217 defined in s. 468.1125. 218 3. Occupational therapy services as defined in s. 468.203. 219 4. Services provided by physical therapists as defined in 220 s. 486.021. 221 5. Services provided by listening and spoken language 222 specialists and an appropriate acoustical environment for a 223 child who is deaf or hard of hearing and who has received an 224 implant or assistive hearing device. 225 (d) Enrollment in, or tuition or fees associated with 226 enrollment in, an eligible private school, an eligible 227 postsecondary educational institution, a private tutoring 228 program authorized under s. 1002.43, a virtual program offered 229 by a department-approved private online provider that meets the 230 provider qualifications specified in s. 1002.45(2)(a), or an 231 approved online course offered pursuant to ss. 1003.499 or 232 1004.0961. 233 (e) Fees for nationally standardized, norm-referenced 234 achievement tests, Advanced Placement Examinations, industry 235 certification examinations, assessments related to postsecondary 236 education, or other assessments specified in the student’s IEP. 237 (f) Contributions to a Coverdell education savings account 238 established pursuant to 26 U.S.C. s. 530 of the Internal Revenue 239 Code for the benefit of the eligible student. 240 (g) Contracted services provided by a public school or 241 school district, including classes and extracurricular programs 242 for the services specified in the IEP or additional services. A 243 student who receives services under a contract under this 244 paragraph shall not be considered to be enrolled in a public 245 school for eligibility purposes as specified in subsection (4). 246 247 A specialized service provider, eligible private school, 248 eligible postsecondary educational institution, private tutoring 249 program provider, online or virtual program provider, public 250 school, school district, or other entity receiving payments 251 pursuant to this subsection may not share, refund, or rebate any 252 moneys from the Florida Personalized Account for Learning with 253 the parent or participating student in any manner. 254 (6) TERM OF THE PROGRAM.—For purposes of continuity of 255 educational choice, the program payments made under this section 256 shall remain in force until a student participating in the 257 program participates in any of the prohibited activities 258 specified in subsection (4), has funds revoked by the 259 Commissioner of Education pursuant to subsection (9), or returns 260 to a public school, graduates from high school, or reaches 22 261 years of age, whichever occurs first. A participating student 262 who enrolls in a public school or public school program is 263 considered to have returned to a public school for the purpose 264 of determining the end of the program’s term. 265 (7) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.— 266 (a) By April 1 of each year and within 10 days after an IEP 267 meeting, a school district shall notify the parent of the 268 student who meets eligibility requirements under subsection (3) 269 of the option to participate in the program. 270 (b)1. For a student with a disability who does not have a 271 matrix of services under s. 1011.62(1)(e), the school district 272 shall complete a matrix that assigns the student to one of the 273 levels of service as they existed before the 2000-2001 school 274 year. 275 2.a. Within 10 school days after a school district receives 276 notification of a parent’s request for participation in the 277 program under this section, the school district shall notify the 278 student’s parent if the matrix of services has not been 279 completed and inform the parent that the district is required to 280 complete the matrix within 30 days after receiving notice of the 281 parent’s request for participation. This notice must include the 282 required completion date for the matrix. 283 b. The school district shall complete the matrix of 284 services for a student who is participating in the program and 285 shall notify the department of the student’s matrix level within 286 30 days after receiving notification of a request to participate 287 in the program. The school district must provide the student’s 288 parent with the student’s matrix level within 10 school days 289 after its completion. 290 c. The department shall notify the parent of the amount of 291 the funds awarded within 10 days after receiving the school 292 district’s notification of the student’s matrix level. 293 d. A school district may change a matrix of services only 294 if the change is to correct a technical, typographical, or 295 calculation error. 296 (c) For each student participating in the program who takes 297 statewide, standardized assessments under s. 1008.22, the school 298 district in which the student resides must notify the student 299 and his or her parent about the locations and times to take all 300 statewide, standardized assessments. 301 (d) For each student participating in the program, a school 302 district shall notify the parent about the availability of a 303 reevaluation at least every 3 years. 304 (8) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department 305 shall: 306 (a) Establish an annual enrollment period and a process in 307 which a parent may apply to enroll his or her student in the 308 program. The enrollment period shall begin on July 1 and end on 309 May 1 of each year for applications for the following state 310 fiscal year. All applications must be approved by June 1 of each 311 year for program participation for the following fiscal year. 312 (b) Conduct or contract for annual audits of the program to 313 ensure compliance with this section. 314 (c) Notify the authorized financial institution of students 315 who are approved to participate in the program. The notice must 316 be made annually by June 1, after the department processes all 317 applications to participate in the program. 318 (d) Establish a process by which a person may notify the 319 department of any violation of laws or rules relating to 320 participation in the program. The department shall conduct an 321 inquiry of all signed, written, and legally sufficient 322 complaints that allege a violation of this section or make a 323 referral to the appropriate agency for an investigation. A 324 complaint is legally sufficient if it contains ultimate facts 325 showing that a violation of this section or a violation of a 326 rule adopted under this section has occurred. In order to 327 determine legal sufficiency, the department may require 328 supporting information or documentation from the complainant. A 329 department inquiry is not subject to the requirements of chapter 330 120. 331 (e) Compare the list of students participating in the 332 program with the public school enrollment lists before each 333 program payment to avoid duplicate payments. 334 (f) Select an independent research organization, which may 335 be a public or private entity or university, to which 336 participating entities must report the scores of students 337 participating in the program on the standardized assessments 338 administered by the schools as specified in the IEP. 339 1. The independent research organization shall annually 340 issue a report to the department which includes: 341 a. The year-to-year learning gains of students 342 participating in the program. 343 b. To the extent possible, a comparison of the learning 344 gains of students in the program to the statewide learning gains 345 of public school students having backgrounds similar to those of 346 the students in the program. In order to minimize the costs and 347 time that the independent research organization requires for 348 analysis and evaluation, the department shall conduct analyses 349 of assessment data from matched students in public schools and 350 shall calculate the learning gains of control groups using a 351 methodology outlined in the contract with the independent 352 research organization. 353 c. The aggregate year-to-year learning gains of students in 354 the program in each participating entity in which there are at 355 least 30 participating students that have scores for tests for 2 356 consecutive years at that entity. 357 2. The sharing and reporting of the learning gains of 358 students pursuant to this paragraph must be in accordance with 359 the Family Educational Rights and Privacy Act, 20 U.S.C. s. 360 1232g, and shall be for the sole purpose of creating the annual 361 report required under subparagraph 1. All parties shall preserve 362 the confidentiality of such information as required by law. The 363 independent research organization may not disaggregate data in 364 its annual report to a level that identifies individual 365 participating entities, except as required under sub 366 subparagraph 1.c., or disclose the academic level of individual 367 students. 368 3. The department shall publish on its website the annual 369 report required by subparagraph 1. 370 (g) Coordinate with state-funded or federally funded 371 benefits programs to advise a parent about the possible effect 372 his or her child’s participation in the program under this 373 section may have on the child’s eligibility for participating in 374 those state-funded or federally funded benefits programs. 375 (h) Issue a report by December 15, 2014, and annually 376 thereafter to the Governor, the President of the Senate, and the 377 Speaker of the House of Representatives describing the 378 implementation of accountability mechanisms for the program, 379 identifying any substantial allegations and violations of a law 380 or rule governing the program, and describing the corrective 381 actions taken by the department relating to violations of a law 382 or rule governing the program. 383 (9) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.— 384 (a) The Commissioner of Education: 385 1. Shall deny, suspend, or revoke a student’s participation 386 in the program if the health, safety, or welfare of the student 387 is threatened or fraud is suspected. 388 2. Shall deny, suspend, or revoke an authorized use of 389 program funds if the health, safety, or welfare of the student 390 is threatened or fraud is suspected. 391 3. May deny, suspend, or revoke an authorized use of 392 program funds for material failure to comply with this section 393 and applicable department rules if the noncompliance is 394 correctable within a reasonable period of time. Otherwise, the 395 commissioner shall deny, suspend, or revoke an authorized use 396 for failure to materially comply with the law and rules adopted 397 under this section. 398 4. Shall require compliance by the appropriate party by a 399 date certain for all nonmaterial failures to comply with this 400 section and applicable department rules. The commissioner may 401 deny, suspend, or revoke program participation under this 402 section thereafter. 403 (b) In determining whether to deny, suspend, or revoke in 404 accordance with this subsection, the commissioner may consider 405 factors that include, but are not limited to, acts or omissions 406 by a participating entity which led to a previous denial or 407 revocation of participation in an education scholarship program; 408 failure to reimburse the department for program funds improperly 409 received or retained by the entity; imposition of a prior 410 criminal sanction related to the entity or its officers or 411 employees; imposition of a civil fine or administrative fine, 412 license revocation or suspension, or program eligibility 413 suspension, termination, or revocation related to an entity’s 414 management or operation; or other types of criminal proceedings 415 in which the entity or its officers or employees were found 416 guilty of, regardless of adjudication, or entered a plea of nolo 417 contendere or guilty to, any offense involving fraud, deceit, 418 dishonesty, or moral turpitude. 419 (10) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 420 PARTICIPATION.—A parent who applies for program participation 421 under this section is exercising his or her parental option to 422 determine the appropriate placement or services that best meet 423 the needs of his or her student. To enroll an eligible student 424 in the program, the parent must sign an agreement with the 425 department and annually submit a notarized, sworn compliance 426 statement to the department to: 427 (a) Affirm that the student meets minimum student 428 attendance requirements as provided in s. 1003.21. 429 (b) Use the program funds only for authorized purposes, as 430 described in subsection (5). 431 (c) Affirm that the student takes all appropriate 432 standardized assessments as specified in the student’s IEP. The 433 parent is responsible for transporting the student to the 434 assessment site designated by the school district. 435 (d) Request participation in the program at least 60 days 436 before the date of the first program payment. 437 (e) Affirm that the student remains in good standing with 438 the provider or school if those options are selected by the 439 parent. 440 (f) Apply for admission of his or her child if the private 441 school option is selected by the parent. 442 (g) Annually renew participation in the program. 443 Notwithstanding any changes to the student’s IEP, a student who 444 was previously eligible for participation in the program shall 445 remain eligible to apply for renewal as provided in subsection 446 (6). 447 (h) Designate in writing the authorized financial 448 institution to receive payment of program funds and maintain a 449 separate personalized account for learning at that institution. 450 (i) Affirm that the parent will not transfer any college 451 savings funds to another beneficiary. 452 (j) Affirm that the parent will not take possession of any 453 funding contributed by the state. 454 (k) Maintain a portfolio of records and materials which 455 must be preserved by the parent for 2 years and be made 456 available for inspection by the district school superintendent 457 or the superintendent’s designee upon 15 days’ written notice. 458 This paragraph does not require the superintendent to inspect 459 the portfolio. The portfolio of records and materials consists 460 of: 461 1. A log of educational instruction and services which is 462 made contemporaneously with delivery of the instruction and 463 services and which designates by title any reading materials 464 used; and 465 2. Samples of any writings, worksheets, workbooks, or 466 creative materials used or developed by the student. 467 468 A parent who fails to comply with this subsection forfeits the 469 personalized account for learning. 470 (11) FUNDING AND PAYMENT.— 471 (a)1. The maximum funding amount granted for an eligible 472 student with a disability, pursuant to subsection (3), shall be 473 equivalent to the base student allocation in the Florida 474 Education Finance Program multiplied by the appropriate cost 475 factor for the educational program which would have been 476 provided for the student in the district school to which he or 477 she would have been assigned, multiplied by the district cost 478 differential. 479 2. In addition, an amount equivalent to a share of the 480 guaranteed allocation for exceptional students in the Florida 481 Education Finance Program shall be determined and added to the 482 amount in subparagraph 1. The calculation shall be based on the 483 methodology and the data used to calculate the guaranteed 484 allocation for exceptional students for each district in chapter 485 2000-166, Laws of Florida. Except as provided in subparagraph 486 3., the calculation shall be based on the student’s grade, the 487 matrix level of services, and the difference between the 2000 488 2001 basic program and the appropriate level of services cost 489 factor, multiplied by the 2000-2001 base student allocation and 490 the 2000-2001 district cost differential for the sending 491 district. The calculated amount must also include an amount 492 equivalent to the per-student share of supplemental academic 493 instruction funds, instructional materials funds, technology 494 funds, and other categorical funds as provided in the General 495 Appropriations Act. 496 3. Until the school district completes the matrix required 497 under paragraph (7)(b), the calculation shall be based on the 498 matrix that assigns the student to support level 3 of services. 499 When the school district completes the matrix, the amount of the 500 payment shall be adjusted as needed. 501 (b) The amount of the awarded funds shall be 90 percent of 502 the calculated amount. 503 (c) The school district shall report all students who are 504 participating in the program. The participating students who 505 have previously been included in the Florida Education Finance 506 Program and are included in public school enrollment counts 507 shall be reported separately from other students reported for 508 purposes of the Florida Education Finance Program. Participating 509 students who have been enrolled in nonpublic schools shall also 510 be reported separately. 511 (d) Following notification on July 1, September 1, December 512 1, or February 1 of the number of program participants: 513 1. For students who have been enrolled in public schools 514 and are included in public school enrollment counts, the 515 department shall transfer, from General Revenue funds only, the 516 amount of the awarded program funds calculated pursuant to 517 paragraph (b) from the school district’s total funding 518 entitlement under the Florida Education Finance Program and from 519 authorized categorical accounts to a separate account for the 520 program for quarterly disbursement to the personalized account 521 for learning at an authorized financial institution on behalf of 522 the parent and student; and 523 2. For students who have been and will continue to be 524 enrolled in nonpublic schools, the department shall also 525 transfer from an appropriation for the program the amount 526 calculated under paragraph (b) to a separate account for the 527 program for quarterly disbursement to the personalized account 528 for learning at an authorized financial institution on behalf of 529 the parent and student. Nonpublic school students shall be 530 provided awarded funds on a first-come, first-served basis. 531 (e) When a student enters the program, the department must 532 receive, at least 30 days before the first quarterly program 533 payment is made to the personalized account for learning for the 534 student, all documentation required for the student’s 535 participation in the program. 536 (f) Upon notification by the department that it has 537 received the documentation required under paragraph (d), the 538 department shall make payments in four equal amounts no later 539 than September 1, November 1, February 1, and April 1 of each 540 academic year in which the awarded funds are in force. The 541 initial payment shall be made after department verification of 542 the establishment of the personalized account for learning at an 543 authorized financial institution, and subsequent payments shall 544 be made upon verification of parental obligations under 545 subsection (10). Payment must be by individual warrant made 546 payable to the personalized account for learning on behalf of 547 the parent and student. The authorized financial institution 548 shall mail or electronically process payments as directed by the 549 parent for authorized uses. 550 (g) Subsequent to each payment, the department shall 551 request from the Department of Financial Services a sample of 552 payments from the authorized financial institution for 553 authorized uses to endorsed warrants to review and confirm 554 compliance with this section. 555 (h) Upon an eligible student’s graduation from an eligible 556 postsecondary educational institution or after any period of 4 557 consecutive years after high school graduation in which the 558 student is not enrolled in an eligible postsecondary educational 559 institution, the student’s personalized account for learning 560 shall be closed, and any remaining funds shall revert to the 561 state. 562 (i) The department shall make payments to fund personalized 563 accounts for learning at the authorized financial institution 564 pursuant to this section. 565 (j) The department shall develop a system for payment of 566 benefits by electronic funds transfer, including, but not 567 limited to, debit cards, electronic payment cards, or any other 568 means of electronic payment that the department deems to be 569 commercially viable or cost-effective. Commodities or services 570 related to the development of such a system shall be procured by 571 competitive solicitation unless they are purchased from a state 572 term contract pursuant to s. 287.056. The State Board of 573 Education shall adopt rules to administer this paragraph. 574 (k) The department shall require audits of the authorized 575 financial institution’s personalized accounts for learning 576 pursuant to this section. The Chief Financial Officer shall 577 conduct audits pursuant to this section. 578 (12) LIABILITY.—The state is not liable for the award or 579 any use of awarded funds under this section. 580 (13) SCOPE OF AUTHORITY.—This section does not expand the 581 regulatory authority of this state, its officers, or any school 582 district to impose additional regulation on participating 583 private schools, nonpublic postsecondary educational 584 institutions, and private providers beyond those reasonably 585 necessary to enforce requirements expressly set forth in this 586 section. 587 (14) RULES.—The State Board of Education shall adopt rules 588 pursuant to ss. 120.536(1) and 120.54 to administer this 589 section. The rules must identify the appropriate school district 590 personnel who must complete the matrix of services. 591 Section 2. Present subsection (10) of section 1003.4282, 592 Florida Statutes, is renumbered as subsection (11), and a new 593 subsection (10) is added to that section, to read: 594 1003.4282 Requirements for a standard high school diploma.— 595 (10) STUDENTS WITH DISABILITIES.—Beginning with students 596 entering grade 9 in the 2014-2015 school year, this subsection 597 applies to a student with an intellectual or cognitive 598 disability for whom the IEP team has determined that the Florida 599 Alternate Assessment is the most appropriate measure of the 600 student’s skills. 601 (a) A parent of the student with a disability shall, in 602 collaboration with the individual education plan team pursuant 603 to s. 1003.5716, declare an intent for the student to graduate 604 from high school with either a standard high school diploma or a 605 certificate of completion. A student with a disability who does 606 not satisfy the standard high school diploma requirements 607 pursuant to this section shall be awarded a certificate of 608 completion. 609 (b) The following options, in addition to the other options 610 specified in this section, may be used to satisfy the standard 611 high school diploma requirements, as specified in the student’s 612 individual education plan: 613 1. A combination of course substitutions, assessments, 614 industry certifications, and other acceleration options 615 appropriate to the student’s unique skills and abilities that 616 meet the criteria established by State Board of Education rule. 617 2. A portfolio of quantifiable evidence that documents a 618 student’s mastery of academic standards through rigorous metrics 619 established by State Board of Education rule. A portfolio may 620 include, but is not limited to, documentation of work 621 experience, internships, community service, and postsecondary 622 credit. 623 (c) A student with a disability who meets the standard high 624 school diploma requirements in this section may defer the 625 receipt of a standard high school diploma if the student: 626 1. Has an individual education plan that prescribes special 627 education, transition planning, transition services, or related 628 services through age 21; and 629 2. Is enrolled in accelerated college credit instruction 630 pursuant to s. 1007.27, industry certification courses that lead 631 to college credit, a collegiate high school program, courses 632 necessary to satisfy the Scholar designation requirements, or a 633 structured work-study, internship, or pre-apprenticeship 634 program. 635 (d) A student with a disability who receives a certificate 636 of completion and has an individual education plan that 637 prescribes special education, transition planning, transition 638 services, or related services through 21 years of age may 639 continue to receive the specified instruction and services. 640 (e) Any waiver of the statewide, standardized assessment 641 requirements by the individual education plan team, pursuant to 642 s. 1008.22(3)(c), must be approved by the parent and is subject 643 to verification for appropriateness by an independent reviewer 644 selected by the parent as provided for in s. 1003.572. 645 Section 3. Effective July 1, 2015, section 1003.438, 646 Florida Statutes, is repealed. 647 Section 4. Section 1003.5716, Florida Statutes, is created 648 to read: 649 1003.5716 Transition to postsecondary education and career 650 opportunities.—All students with disabilities who are 3 years of 651 age to 21 years of age have the right to a free, appropriate 652 public education. As used in this section, the term “IEP” means 653 individual education plan. 654 (1) To ensure quality planning for a successful transition 655 of a student with a disability to postsecondary education and 656 career opportunities, an IEP team shall begin the process of, 657 and develop an IEP for, identifying the need for transition 658 services before the student with a disability attains the age of 659 14 years in order for his or her postsecondary goals and career 660 goals to be identified and in place when he or she attains the 661 age of 16 years. This process must include, but is not limited 662 to: 663 (a) Consideration of the student’s need for instruction in 664 the area of self-determination and self-advocacy to assist the 665 student’s active and effective participation in an IEP meeting; 666 and 667 (b) Preparation for the student to graduate from high 668 school with a standard high school diploma pursuant to s. 669 1003.4282 with a Scholar designation unless the parent chooses a 670 Merit designation. 671 (2) Beginning not later than the first IEP to be in effect 672 when the student turns 16, or younger, if determined appropriate 673 by the parent and the IEP team, the IEP must include the 674 following statements that must be updated annually: 675 (a) A statement of intent to pursue a standard high school 676 diploma and a Scholar or Merit designation, pursuant to s. 677 1003.4285, as determined by the parent. 678 (b) A statement of intent to receive a standard high school 679 diploma before the student reaches the age of 22 and a 680 description of how the student will fully meet the requirements 681 in s. 1003.428 or s. 1003.4282, as applicable, including, but 682 not limited to, a portfolio pursuant to s. 1003.4282(10)(b) that 683 meets the criteria specified in State Board of Education rule. 684 The IEP must also specify the outcomes and additional benefits 685 expected by the parent and the IEP team at the time of the 686 student’s graduation. 687 (c) A statement of appropriate measurable long-term 688 postsecondary education and career goals based upon age 689 appropriate transition assessments related to training, 690 education, employment, and, if appropriate, independent living 691 skills and the transition services, including courses of study 692 needed to assist the student in reaching those goals. 693 (3) Any change in the IEP for the goals specified in 694 subsection (2) must be approved by the parent and is subject to 695 verification for appropriateness by an independent reviewer 696 selected by the parent as provided in s. 1003.572. 697 (4) If a participating agency responsible for transition 698 services, other than the school district, fails to provide the 699 transition services described in the IEP, the school district 700 shall reconvene the IEP team to identify alternative strategies 701 to meet the transition objectives for the student that are 702 specified in the IEP. However, this does not relieve any 703 participating agency of the responsibility to provide or pay for 704 any transition service that the agency would otherwise provide 705 to students with disabilities who meet the eligibility criteria 706 of that agency. 707 Section 5. Subsection (3) of section 1003.572, Florida 708 Statutes, is amended to read: 709 1003.572 Collaboration of public and private instructional 710 personnel.— 711 (3) Private instructional personnel who are hired or 712 contracted by parents to collaborate with public instructional 713 personnel must be permitted to observe the student in the 714 educational setting, collaborate with instructional personnel in 715 the educational setting, and provide services in the educational 716 setting according to the following requirements: 717 (a) The student’s public instructional personnel and 718 principal consent to the time and place. 719 (b) The private instructional personnel satisfy the 720 requirements of s. 1012.32 or s. 1012.321. 721 722 For the purpose of implementing this subsection, a school 723 district may not impose any requirements beyond those 724 requirements specified in this subsection or charge any fees. 725 Section 6. Section 1008.2121, Florida Statutes, is created 726 to read: 727 1008.2121 Students with severe cognitive or physical 728 disabilities; permanent exemption.—Based on information that a 729 reasonably prudent person would rely upon, including, but not 730 limited to, facts contained within an individual education plan 731 under s. 1008.212, documentation from an appropriate health care 732 provider, or certification from the district school board 733 superintendent, the Commissioner of Education shall 734 perfunctorily grant a permanent exemption to a student who 735 suffers from such a severe cognitive disability or physical 736 disability that the student permanently lacks the capacity to 737 take statewide, standardized assessments. The State Board of 738 Education shall adopt rules to administer this section, 739 including, but not limited to, expediting the exemption process 740 to demonstrate the utmost compassion and consideration for 741 meeting the parent’s and student’s needs. 742 Section 7. Paragraph (c) of subsection (5) and paragraph 743 (b) of subsection (6) of section 1008.25, Florida Statutes, are 744 amended to read: 745 1008.25 Public school student progression; remedial 746 instruction; reporting requirements.— 747 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.— 748 (c) The parent of any student who exhibits a substantial 749 deficiency in reading, as described in paragraph (a), must be 750 notified in writing of the following: 751 1. That his or her child has been identified as having a 752 substantial deficiency in reading. 753 2. A description of the current services that are provided 754 to the child. 755 3. A description of the proposed supplemental instructional 756 services and supports that will be provided to the child that 757 are designed to remediate the identified area of reading 758 deficiency. 759 4. That if the child’s reading deficiency is not remediated 760 by the end of grade 3, the child must be retained unless he or 761 she is exempt from mandatory retention for good cause. 762 5. Strategies for parents to use in helping their child 763 succeed in reading proficiency. 764 6. That the Florida Comprehensive Assessment Test (FCAT) is 765 not the sole determiner of promotion and that additional 766 evaluations, portfolio reviews, and assessments are available to 767 the child to assist parents and the school district in knowing 768 when a child is reading at or above grade level and ready for 769 grade promotion. 770 7. The district’s specific criteria and policies for a 771 portfolio as provided in subparagraph (6)(b)4. and the evidence 772 required for a student to demonstrate mastery of Florida’s 773 academic standards for English Language Arts. A parent of a 774 student in grade 3 who is identified anytime during the year as 775 being at risk of retention may request that the school 776 immediately begin collecting evidence for a portfolio. 777 8.7.The district’s specific criteria and policies for 778 midyear promotion. Midyear promotion means promotion of a 779 retained student at any time during the year of retention once 780 the student has demonstrated ability to read at grade level. 781 (6) ELIMINATION OF SOCIAL PROMOTION.— 782 (b) The district school board may only exempt students from 783 mandatory retention, as provided in paragraph (5)(b), for good 784 cause. A student who is promoted to grade 4 with a good cause 785 exemption shall be provided intensive reading instruction and 786 intervention that include specialized diagnostic information and 787 specific reading strategies to meet the needs of each student so 788 promoted. The school district shall assist schools and teachers 789 with the implementation of reading strategies for students 790 promoted with a good cause exemption which research has shown to 791 be successful in improving reading among students that have 792 reading difficulties. Good cause exemptions shall be limited to 793 the following: 794 1. Limited English proficient students who have had less 795 than 2 years of instruction in an English for Speakers of Other 796 Languages program. 797 2. Students with disabilities whose individual education 798 plan indicates that participation in the statewide assessment 799 program is not appropriate, consistent with the requirements of 800 State Board of Education rule. 801 3. Students who demonstrate an acceptable level of 802 performance on an alternative standardized reading or English 803 Language Arts assessment approved by the State Board of 804 Education. 805 4. A student who demonstrates through a student portfolio 806 that he or she is performing at least at Level 2 on FCAT Reading 807 or the common core English Language Arts assessment, as 808 applicable under s. 1008.22. 809 5. Students with disabilities who participate in FCAT 810 Reading or the common core English Language Arts assessment, as 811 applicable under s. 1008.22, and who have an individual 812 education plan or a Section 504 plan that reflects that the 813 student has received intensive remediation in reading and 814 English Language Arts for more than 2 years but still 815 demonstrates a deficiency and was previously retained in 816 kindergarten, grade 1, grade 2, or grade 3. 817 6. Students who have received intensive reading 818 intervention for 2 or more years but still demonstrate a 819 deficiency in reading and who were previously retained in 820 kindergarten, grade 1, grade 2, or grade 3 for a total of 2 821 years. A student may not be retained more than once in grade 3. 822 7.6.Students who have received intensive remediation in 823 reading and English Language Arts, as applicable under s. 824 1008.22, for 2 or more years but still demonstrate a deficiency 825 and who were previously retained in kindergarten, grade 1, grade 826 2, or grade 3 for a total of 2 years. Intensive instruction for 827 students so promoted must include an altered instructional day 828 that includes specialized diagnostic information and specific 829 reading strategies for each student. The district school board 830 shall assist schools and teachers to implement reading 831 strategies that research has shown to be successful in improving 832 reading among low-performing readers. 833 Section 8. Effective July 1, 2015, paragraph (c) of 834 subsection (1) of section 120.81, Florida Statutes, is amended 835 to read: 836 120.81 Exceptions and special requirements; general areas.— 837 (1) EDUCATIONAL UNITS.— 838 (c) Notwithstanding s. 120.52(16), any tests, test scoring 839 criteria, or testing procedures relating to student assessment 840 which are developed or administered by the Department of 841 Education pursuant to s. 1003.428, s. 1003.429,s. 1003.438,s. 842 1008.22, or s. 1008.25, or any other statewide educational tests 843 required by law, are not rules. 844 Section 9. Effective July 1, 2015, subsection (2) of 845 section 409.1451, Florida Statutes, is amended to read: 846 409.1451 The Road-to-Independence Program.— 847 (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.— 848 (a) A young adult is eligible for services and support 849 under this subsection if he or she: 850 1. Was living in licensed care on his or her 18th birthday 851 or is currently living in licensed care; or was at least 16 852 years of age and was adopted from foster care or placed with a 853 court-approved dependency guardian after spending at least 6 854 months in licensed care within the 12 months immediately 855 preceding such placement or adoption; 856 2. Spent at least 6 months in licensed care before reaching 857 his or her 18th birthday; 858 3. Earned a standard high school diploma or its equivalent 859 pursuant to s. 1003.428, s. 1003.4281, s. 1003.429, or s. 860 1003.435, or s. 1003.438; 861 4. Has been admitted for enrollment as a full-time student 862 or its equivalent in an eligible postsecondary educational 863 institution as provided in s. 1009.533. For purposes of this 864 section, the term “full-time” means 9 credit hours or the 865 vocational school equivalent. A student may enroll part-time if 866 he or she has a recognized disability or is faced with another 867 challenge or circumstance that would prevent full-time 868 attendance. A student needing to enroll part-time for any reason 869 other than having a recognized disability must get approval from 870 his or her academic advisor; 871 5. Has reached 18 years of age but is not yet 23 years of 872 age; 873 6. Has applied, with assistance from the young adult’s 874 caregiver and the community-based lead agency, for any other 875 grants and scholarships for which he or she may qualify; 876 7. Submitted a Free Application for Federal Student Aid 877 which is complete and error free; and 878 8. Signed an agreement to allow the department and the 879 community-based care lead agency access to school records. 880 Section 10. Effective July 1, 2015, subsection (4) of 881 section 1007.263, Florida Statutes, is amended to read: 882 1007.263 Florida College System institutions; admissions of 883 students.—Each Florida College System institution board of 884 trustees is authorized to adopt rules governing admissions of 885 students subject to this section and rules of the State Board of 886 Education. These rules shall include the following: 887 (4) A student who has been awardeda special diploma as888defined in s. 1003.438 ora certificate of completion as defined 889 in s. 1003.428(7)(b) is eligible to enroll in certificate career 890 education programs. 891 892 Each board of trustees shall establish policies that notify 893 students about developmental education options for improving 894 their communication or computation skills that are essential to 895 performing college-level work, including tutoring, extended time 896 in gateway courses, free online courses, adult basic education, 897 adult secondary education, or private provider instruction. 898 Section 11. Except as otherwise expressly provided in this 899 act, this act shall take effect July 1, 2014.