HB 353

1	A bill to be entitled
2	An act relating to the John M. McKay Scholarships for
3	Students with Disabilities Program; amending s. 1002.39,
4	F.S.; authorizing students who receive certain services
5	under the Voluntary Prekindergarten Education Program to
6	receive a John M. McKay Scholarship; deleting the
7	requirement that a student must have spent the prior
8	school year in attendance at a Florida public school or
9	the Florida School for the Deaf and the Blind to be
10	eligible for a scholarship; providing rights that protect
11	the privacy of student education records; requiring a
12	pamphlet or handbook explaining student and parent rights;
13	requiring the Department of Education to recommend
14	training for school personnel in procedures for safe
15	restraint of students; requiring a private school to
16	refund scholarship payment under certain circumstances;
17	permitting students, including homebound or hospitalized
18	students with autism spectrum disorder, to receive
19	scholarship services at locations other than a private
20	school's site under specified conditions; conforming
21	provisions; amending s. 1002.20, F.S., relating to student
22	and parent rights; conforming provisions; providing an
23	effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Subsection (2), paragraph (h) of subsection
28	(3), paragraph (a) of subsection (4), paragraph (a) of
29	subsection (5), paragraph (d) of subsection (8), and paragraphs
30	(a), (c), (d), and (e) of subsection (10) of section 1002.39,
31	Florida Statutes, are amended, paragraph (g) is added to
32	subsection (6), subsections (11), (12), and (13) are renumbered
33	as subsections (12), (13), and (14), respectively, and a new
34	subsection (11) is added to that section, to read:
35	1002.39  The John M. McKay Scholarships for Students with
36	Disabilities Program.--There is established a program that is
37	separate and distinct from the Opportunity Scholarship Program
38	and is named the John M. McKay Scholarships for Students with
39	Disabilities Program.
40	(2)  JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY; RIGHTS.--
41	(a)  The parent of a public school student with a
42	disability, including a student who received early intervention
43	services under the Voluntary Prekindergarten Education Program
44	and has a current individual educational plan, who is
45	dissatisfied with the student's progress may request and receive
46	from the state a John M. McKay Scholarship for the child to
47	enroll in and attend a private school in accordance with this
48	section if:
49	(a)  The student has spent the prior school year in
50	attendance at a Florida public school or the Florida School for
51	the Deaf and the Blind. Prior school year in attendance means
52	that the student was:
53	1.  Enrolled and reported by a school district for funding
54	during the preceding October and February Florida Education
55	Finance Program surveys in kindergarten through grade 12, which
56	shall include time spent in a Department of Juvenile Justice
57	commitment program if funded under the Florida Education Finance
58	Program;
59	2.  Enrolled and reported by the Florida School for the
60	Deaf and the Blind during the preceding October and February
61	student membership surveys in kindergarten through grade 12; or
62	3.  Enrolled and reported by a school district for funding
63	during the preceding October and February Florida Education
64	Finance Program surveys, was at least 4 years old when so
65	enrolled and reported, and was eligible for services under s.
66	1003.21(1)(e).
67
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
75	the 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, that
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
144	The inability of a private school to meet the requirements of
145	this subsection shall constitute a basis for the ineligibility
146	of the private school to participate in the scholarship program
147	as determined by the department.
148	(10)  JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.--
149	(a)1.  The maximum scholarship granted for an eligible
150	student with disabilities shall be a calculated amount
151	equivalent to the base student allocation in the Florida
152	Education Finance Program multiplied by the appropriate cost
153	factor for the educational program that would have been provided
154	for the student in the district school to which he or she was
155	assigned, multiplied by the district cost differential.
156	2.  In addition, a share of the guaranteed allocation for
157	exceptional students shall be determined and added to the
158	calculated amount. The calculation shall be based on the
159	methodology and the data used to calculate the guaranteed
160	allocation for exceptional students for each district in chapter
161	2000-166, Laws of Florida. Except as provided in subparagraphs
162	3. and 4., the calculation shall be based on the student's
163	grade, matrix level of services, and the difference between the
164	2000-2001 basic program and the appropriate level of services
165	cost factor, multiplied by the 2000-2001 base student allocation
166	and the 2000-2001 district cost differential for the sending
167	district. Also, the calculated amount shall include the per-
168	student share of supplemental academic instruction funds,
169	instructional materials funds, technology funds, and other
170	categorical funds as provided for such purposes in the General
171	Appropriations Act.
172	3.  The calculated scholarship amount for a student who was
173	enrolled in the Florida School for the Deaf and the Blind is
174	eligible under subparagraph (2)(a)2. shall be calculated as
175	provided in subparagraphs 1. and 2. However, the calculation
176	shall be based on the school district in which the parent
177	resides at the time of the scholarship request.
178	4.  Until the school district completes the matrix required
179	by paragraph (5)(b), the calculation shall be based on the
180	matrix that assigns the student to support level I of service as
181	it existed prior to the 2000-2001 school year. When the school
182	district completes the matrix, the amount of the payment shall
183	be adjusted as needed.
184	(c)1.  The school district shall report all students who
185	are attending a private school under this program. The students
186	with disabilities attending private schools on John M. McKay
187	Scholarships shall be reported separately from other students
188	reported for purposes of the Florida Education Finance Program.
189	2.  For program participants who were enrolled in the
190	Florida School for the Deaf and the Blind are eligible under
191	subparagraph (2)(a)2., the school district that is used as the
192	basis for the calculation of the scholarship amount as provided
193	in subparagraph (a)3. shall:
194	a.  Report to the department all such students who are
195	attending a private school under this program.
196	b.  Be held harmless for such students from the weighted
197	enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.b.
198	during the first school year in which the students are reported.
199	(d)  Following notification on July 1, September 1,
200	December 1, or February 1 of the number of program participants,
201	the department shall transfer, from General Revenue funds only,
202	the amount calculated under paragraph (b) from the school
203	district's total funding entitlement under the Florida Education
204	Finance Program and from authorized categorical accounts to a
205	separate account for the scholarship program for quarterly
206	disbursement to the parents of participating students. Funds may
207	not be transferred from any funding provided to the Florida
208	School for the Deaf and the Blind for program participants who
209	are eligible under subparagraph (2)(a)2. For a student exiting a
210	Department of Juvenile Justice commitment program who chooses to
211	participate in the scholarship program, the amount of the John
212	M. McKay Scholarship calculated pursuant to paragraph (b) shall
213	be transferred from the school district in which the student
214	last attended a public school prior to commitment to the
215	Department of Juvenile Justice. When a student enters the
216	scholarship program, the department must receive all
217	documentation required for the student's participation,
218	including the private school's and student's fee schedules, at
219	least 30 days before the first quarterly scholarship payment is
220	made for the student.
221	(e)  Upon notification by the department that it has
222	received the documentation required under paragraph (d), the
223	Chief Financial Officer shall make scholarship payments in four
224	equal amounts no later than September 1, November 1, February 1,
225	and April 1 of each academic year in which the scholarship is in
226	force. The initial payment shall be made after department
227	verification of admission acceptance, and subsequent payments
228	shall be made upon verification of continued enrollment and
229	attendance at the private school. Payment must be by individual
230	warrant made payable to the student's parent and mailed by the
231	department to the private school of the parent's choice, and the
232	parent shall restrictively endorse the warrant to the private
233	school for deposit into the account of the private school. If a
234	participating student withdraws from a private school, the
235	private school shall refund on a prorated basis the unused
236	portion of the scholarship payment to the department for
237	transfer to the separate account for the scholarship program.
238	(11)  ALTERNATIVE SITES FOR INSTRUCTION AND SERVICES.--A
239	student eligible for a scholarship under this section, including
240	a student with autism spectrum disorder who participates in the
241	program for students who are homebound or hospitalized, may
242	receive regular and direct instruction and services from a
243	private school at a site other than the school's physical
244	location if the following criteria are met:
245	(a)  The student's parent provides a notarized statement
246	from the medical doctor or psychologist treating the student's
247	disability which certifies that the student's welfare or the
248	welfare of other students in the classroom will be jeopardized
249	if the student is required to regularly attend class at the
250	school's physical location. The notarized statement must be:
251	1.  Annually provided to the department at least 60 days
252	prior to the date of the first scholarship payment for each
253	school year.
254	2.  Based on an annual review of the student's disability
255	by the student's medical doctor or psychologist.
256	(b)  The private school serving the student:
257	1.  Employs or contracts with a case manager who
258	coordinates and monitors the student's instruction and services,
259	reviews and maintains the documentation submitted under
260	subparagraph 2., and provides the student's parent and private
261	school with monthly reports on the student's progress.
262	2.  Requires private school employees or contracted
263	personnel who provide regular and direct instruction or services
264	to a student at a site other than the private school's physical
265	location to submit to the case manager documentation of the
266	instruction, services, and progress of the student.
267	3.  Notifies the department of each student subject to this
268	subsection.
269	Section 2.  Paragraph (b) of subsection (6) of section
270	1002.20, Florida Statutes, is amended to read:
271	1002.20  K-12 student and parent rights.--Parents of public
272	school students must receive accurate and timely information
273	regarding their child's academic progress and must be informed
274	of ways they can help their child to succeed in school. K-12
275	students and their parents are afforded numerous statutory
276	rights including, but not limited to, the following:
277	(6)  EDUCATIONAL CHOICE.--
278	(b)  Private school choices.--Parents of public school
279	students may seek private school choice options under certain
280	programs.
281	1.  Under the Opportunity Scholarship Program, the parent
282	of a student in a failing public school may request and receive
283	an opportunity scholarship for the student to attend a private
284	school in accordance with the provisions of s. 1002.38.
285	2.  Under the McKay Scholarships for Students with
286	Disabilities Program, the parent of a public school student with
287	a disability who is dissatisfied with the student's progress may
288	request and receive a McKay Scholarship for the student to
289	attend a private school in accordance with the provisions of s.
290	1002.39.
291	3.  Under the corporate income tax credit scholarship
292	program, the parent of a student who qualifies for free or
293	reduced-price school lunch may seek a scholarship from an
294	eligible nonprofit scholarship-funding organization in
295	accordance with the provisions of s. 220.187.
296	Section 3.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.