Florida Senate - 2009                                    SB 1010
       
       
       
       By Senator Ring
       
       
       
       
       32-01387-09                                           20091010__
    1                        A bill to be entitled                      
    2         An act relating to the John M. McKay Scholarships for
    3         Students with Disabilities Program; amending s.
    4         1002.39, F.S.; authorizing students who receive
    5         certain services under the Voluntary Prekindergarten
    6         Education Program to receive a John M. McKay
    7         Scholarship; deleting the requirement that a student
    8         must have spent the prior school year in attendance at
    9         a Florida public school or the Florida School for the
   10         Deaf and the Blind to be eligible for a scholarship;
   11         providing rights that protect the privacy of student
   12         education records; requiring a pamphlet or handbook
   13         explaining student and parent rights; requiring the
   14         Department of Education to recommend training for
   15         school personnel in procedures for safe restraint of
   16         students; requiring a private school to refund
   17         scholarship payment under certain circumstances;
   18         permitting students, including homebound or
   19         hospitalized students with autism spectrum disorder,
   20         to receive scholarship services at locations other
   21         than a private school's site under specified
   22         conditions; conforming provisions; amending s.
   23         1002.20, F.S., relating to student and parent rights;
   24         conforming provisions; providing an effective date.
   25         
   26  Be It Enacted by the Legislature of the State of Florida:
   27         
   28         Section 1. Subsection (2), paragraph (h) of subsection (3),
   29  paragraph (a) of subsection (4), paragraph (a) of subsection
   30  (5), paragraph (d) of subsection (8), and paragraphs (a), (c),
   31  (d), and (e) of subsection (10) of section 1002.39, Florida
   32  Statutes, are amended, paragraph (g) is added to subsection (6),
   33  subsections (11), (12), and (13) are renumbered as subsections
   34  (12), (13), and (14), respectively, and a new subsection (11) is
   35  added to that section, to read:
   36         1002.39 The John M. McKay Scholarships for Students with
   37  Disabilities Program.—There is established a program that is
   38  separate and distinct from the Opportunity Scholarship Program
   39  and is named the John M. McKay Scholarships for Students with
   40  Disabilities Program.
   41         (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY; RIGHTS.—
   42         (a) The parent of a public school student with a
   43  disability, including a student who received early intervention
   44  services under the Voluntary Prekindergarten Education Program
   45  and has a current individual educational plan, who is
   46  dissatisfied with the student's progress may request and receive
   47  from the state a John M. McKay Scholarship for the child to
   48  enroll in and attend a private school in accordance with this
   49  section if:
   50         (a) The student has spent the prior school year in
   51  attendance at a Florida public school or the Florida School for
   52  the Deaf and the Blind. Prior school year in attendance means
   53  that the student was:
   54         1. Enrolled and reported by a school district for funding
   55  during the preceding October and February Florida Education
   56  Finance Program surveys in kindergarten through grade 12, which
   57  shall include time spent in a Department of Juvenile Justice
   58  commitment program if funded under the Florida Education Finance
   59  Program;
   60         2. Enrolled and reported by the Florida School for the Deaf
   61  and the Blind during the preceding October and February student
   62  membership surveys in kindergarten through grade 12; or
   63         3. Enrolled and reported by a school district for funding
   64  during the preceding October and February Florida Education
   65  Finance Program surveys, was at least 4 years old when so
   66  enrolled and reported, and was eligible for services under s.
   67  1003.21(1)(e).
   68  However, a dependent child of a member of the United States
   69  Armed Forces who transfers to a school in this state from out of
   70  state or from a foreign country pursuant to a parent's permanent
   71  change of station orders is exempt from this paragraph but must
   72  meet all other eligibility requirements to participate in the
   73  program.
   74         (b) the parent has obtained acceptance for admission of the
   75  student to a private school that is eligible for the program
   76  under subsection (8) and has requested from the department a
   77  scholarship at least 60 days prior to the date of the first
   78  scholarship payment. The request must be through a communication
   79  directly to the department in a manner that creates a written or
   80  electronic record of the request and the date of receipt of the
   81  request. The Department of Education must notify the district of
   82  the parent's intent upon receipt of the parent's request.
   83         (b) The parent of a student receiving a John M. McKay
   84  Scholarship is entitled to the rights identified in the Family
   85  Educational Rights and Privacy Act, 20 U.S.C. s. 1232g, which
   86  protect the privacy of student education records.
   87         (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.—A student is
   88  not eligible for a John M. McKay Scholarship while he or she is:
   89         (h) Not having regular and direct contact with his or her
   90  private school teachers at the school's physical location except
   91  as provided in subsection (11).
   92         (4) TERM OF JOHN M. MCKAY SCHOLARSHIP.—
   93         (a) For purposes of continuity of educational choice, a
   94  John M. McKay Scholarship shall remain in force until the
   95  student enrolls in returns to a public school, graduates from
   96  high school, or reaches the age of 22, whichever occurs first.
   97         (5) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
   98         (a)1. By April 1 of each year and within 10 days after an
   99  individual education plan meeting, a school district shall
  100  notify the parent of the student of all options available
  101  pursuant to this section, inform the parent of the availability
  102  of the department's telephone hotline and Internet website for
  103  additional information on John M. McKay Scholarships, and offer
  104  that student's parent an opportunity to enroll the student in
  105  another public school within the district.
  106         2. The parent is not required to accept the offer of
  107  enrolling in another public school in lieu of requesting a John
  108  M. McKay Scholarship to a private school. However, if the parent
  109  chooses the public school option, the student may continue
  110  attending a public school chosen by the parent until the student
  111  graduates from high school.
  112         3. If the parent chooses a public school consistent with
  113  the district school board's choice plan under s. 1002.31, the
  114  school district shall provide transportation to the public
  115  school selected by the parent. The parent is responsible to
  116  provide transportation to a public school chosen that is not
  117  consistent with the district school board's choice plan under s.
  118  1002.31.
  119         4. Each parent of a student participating in the
  120  scholarship program shall receive from the school district a
  121  pamphlet or handbook that explains in easily understandable
  122  terms the student and parent rights and responsibilities under
  123  this section. The pamphlet or handbook shall have a tear-off
  124  form for the parent's signature that indicates that the parent
  125  has read and understands these rights and responsibilities. The
  126  tear-off form must be returned to the school the student is
  127  attending with the original form forwarded by the school to the
  128  district school board and a copy retained at the school.
  129         (6) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
  130  shall:
  131         (g) Recommend that public school and private school
  132  personnel who interact with students participating in the
  133  scholarship program receive initial and periodic followup
  134  training in procedures for safely restraining such students in
  135  an emergency.
  136         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
  137  eligible to participate in the John M. McKay Scholarships for
  138  Students with Disabilities Program, a private school may be
  139  sectarian or nonsectarian and must:
  140         (d) Maintain in this state a physical location where a
  141  scholarship student regularly attends classes or where it
  142  provides case management services under subsection (11).
  143  The inability of a private school to meet the requirements of
  144  this subsection shall constitute a basis for the ineligibility
  145  of the private school to participate in the scholarship program
  146  as determined by the department.
  147         (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.—
  148         (a)1. The maximum scholarship granted for an eligible
  149  student with disabilities shall be a calculated amount
  150  equivalent to the base student allocation in the Florida
  151  Education Finance Program multiplied by the appropriate cost
  152  factor for the educational program that would have been provided
  153  for the student in the district school to which he or she was
  154  assigned, multiplied by the district cost differential.
  155         2. In addition, a share of the guaranteed allocation for
  156  exceptional students shall be determined and added to the
  157  calculated amount. The calculation shall be based on the
  158  methodology and the data used to calculate the guaranteed
  159  allocation for exceptional students for each district in chapter
  160  2000-166, Laws of Florida. Except as provided in subparagraphs
  161  3. and 4., the calculation shall be based on the student's
  162  grade, matrix level of services, and the difference between the
  163  2000-2001 basic program and the appropriate level of services
  164  cost factor, multiplied by the 2000-2001 base student allocation
  165  and the 2000-2001 district cost differential for the sending
  166  district. Also, the calculated amount shall include the per
  167  student share of supplemental academic instruction funds,
  168  instructional materials funds, technology funds, and other
  169  categorical funds as provided for such purposes in the General
  170  Appropriations Act.
  171         3. The calculated scholarship amount for a student who was
  172  enrolled in the Florida School for the Deaf and the Blind is
  173  eligible under subparagraph (2)(a)2. shall be calculated as
  174  provided in subparagraphs 1. and 2. However, the calculation
  175  shall be based on the school district in which the parent
  176  resides at the time of the scholarship request.
  177         4. Until the school district completes the matrix required
  178  by paragraph (5)(b), the calculation shall be based on the
  179  matrix that assigns the student to support level I of service as
  180  it existed prior to the 2000-2001 school year. When the school
  181  district completes the matrix, the amount of the payment shall
  182  be adjusted as needed.
  183         (c)1. The school district shall report all students who are
  184  attending a private school under this program. The students with
  185  disabilities attending private schools on John M. McKay
  186  Scholarships shall be reported separately from other students
  187  reported for purposes of the Florida Education Finance Program.
  188         2. For program participants who were enrolled in the
  189  Florida School for the Deaf and the Blind are eligible under
  190  subparagraph (2)(a)2., the school district that is used as the
  191  basis for the calculation of the scholarship amount as provided
  192  in subparagraph (a)3. shall:
  193         a. Report to the department all such students who are
  194  attending a private school under this program.
  195         b. Be held harmless for such students from the weighted
  196  enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.b.
  197  during the first school year in which the students are reported.
  198         (d) Following notification on July 1, September 1, December
  199  1, or February 1 of the number of program participants, the
  200  department shall transfer, from General Revenue funds only, the
  201  amount calculated under paragraph (b) from the school district's
  202  total funding entitlement under the Florida Education Finance
  203  Program and from authorized categorical accounts to a separate
  204  account for the scholarship program for quarterly disbursement
  205  to the parents of participating students. Funds may not be
  206  transferred from any funding provided to the Florida School for
  207  the Deaf and the Blind for program participants who are eligible
  208  under subparagraph (2)(a)2. For a student exiting a Department
  209  of Juvenile Justice commitment program who chooses to
  210  participate in the scholarship program, the amount of the John
  211  M. McKay Scholarship calculated pursuant to paragraph (b) shall
  212  be transferred from the school district in which the student
  213  last attended a public school prior to commitment to the
  214  Department of Juvenile Justice. When a student enters the
  215  scholarship program, the department must receive all
  216  documentation required for the student's participation,
  217  including the private school's and student's fee schedules, at
  218  least 30 days before the first quarterly scholarship payment is
  219  made for the student.
  220         (e) Upon notification by the department that it has
  221  received the documentation required under paragraph (d), the
  222  Chief Financial Officer shall make scholarship payments in four
  223  equal amounts no later than September 1, November 1, February 1,
  224  and April 1 of each academic year in which the scholarship is in
  225  force. The initial payment shall be made after department
  226  verification of admission acceptance, and subsequent payments
  227  shall be made upon verification of continued enrollment and
  228  attendance at the private school. Payment must be by individual
  229  warrant made payable to the student's parent and mailed by the
  230  department to the private school of the parent's choice, and the
  231  parent shall restrictively endorse the warrant to the private
  232  school for deposit into the account of the private school. If a
  233  participating student withdraws from a private school, the
  234  private school shall refund on a prorated basis the unused
  235  portion of the scholarship payment to the department for
  236  transfer to the separate account for the scholarship program.
  237         (11) ALTERNATIVE SITES FOR INSTRUCTION AND SERVICES.—A
  238  student eligible for a scholarship under this section, including
  239  a student with autism spectrum disorder who participates in the
  240  program for students who are homebound or hospitalized, may
  241  receive regular and direct instruction and services from a
  242  private school at a site other than the school's physical
  243  location if the following criteria are met:
  244         (a) The student's parent provides a notarized statement
  245  from the medical doctor or psychologist treating the student's
  246  disability which certifies that the student's welfare or the
  247  welfare of other students in the classroom will be jeopardized
  248  if the student is required to regularly attend class at the
  249  school's physical location. The notarized statement must be:
  250         1. Annually provided to the department at least 60 days
  251  prior to the date of the first scholarship payment for each
  252  school year.
  253         2. Based on an annual review of the student's disability by
  254  the student's medical doctor or psychologist.
  255         (b) The private school serving the student:
  256         1. Employs or contracts with a case manager who coordinates
  257  and monitors the student's instruction and services, reviews and
  258  maintains the documentation submitted under subparagraph 2., and
  259  provides the student's parent and private school with monthly
  260  reports on the student's progress.
  261         2. Requires private school employees or contracted
  262  personnel who provide regular and direct instruction or services
  263  to a student at a site other than the private school's physical
  264  location to submit to the case manager documentation of the
  265  instruction, services, and progress of the student.
  266         3. Notifies the department of each student subject to this
  267  subsection.
  268         Section 2. Paragraph (b) of subsection (6) of section
  269  1002.20, Florida Statutes, is amended to read:
  270         1002.20 K-12 student and parent rights.—Parents of public
  271  school students must receive accurate and timely information
  272  regarding their child's academic progress and must be informed
  273  of ways they can help their child to succeed in school. K-12
  274  students and their parents are afforded numerous statutory
  275  rights including, but not limited to, the following:
  276         (6) EDUCATIONAL CHOICE.—
  277         (b) Private school choices.—Parents of public school
  278  students may seek private school choice options under certain
  279  programs.
  280         1. Under the Opportunity Scholarship Program, the parent of
  281  a student in a failing public school may request and receive an
  282  opportunity scholarship for the student to attend a private
  283  school in accordance with the provisions of s. 1002.38.
  284         2. Under the McKay Scholarships for Students with
  285  Disabilities Program, the parent of a public school student with
  286  a disability who is dissatisfied with the student's progress may
  287  request and receive a McKay Scholarship for the student to
  288  attend a private school in accordance with the provisions of s.
  289  1002.39.
  290         3. Under the corporate income tax credit scholarship
  291  program, the parent of a student who qualifies for free or
  292  reduced-price school lunch may seek a scholarship from an
  293  eligible nonprofit scholarship-funding organization in
  294  accordance with the provisions of s. 220.187.
  295         Section 3. This act shall take effect July 1, 2009.