| 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.; making scholarships available to students with |
| 5 | disabilities who have a 504 accommodation plan issued |
| 6 | under s. 504 of the federal Rehabilitation Act or a Tier 3 |
| 7 | Response to Intervention plan developed by the public |
| 8 | school of attendance and consistent with rules of the |
| 9 | State Board of Education; allowing a parent to request and |
| 10 | receive a scholarship for a student to enroll and attend a |
| 11 | private school if the student has a 504 accommodation |
| 12 | plan; providing that a student is ineligible for a |
| 13 | scholarship if a temporary 504 accommodation plan is valid |
| 14 | for 6 months or less or if a Tier 3 Response to |
| 15 | Intervention plan is issued for less than 90 days; |
| 16 | requiring that the school district notify a parent of |
| 17 | available options within 10 days after a 504 accommodation |
| 18 | plan is issued and 90 days after a Tier 3 Response to |
| 19 | Intervention plan is developed; providing that a parent |
| 20 | may choose to enroll the student in a public school in an |
| 21 | adjacent district under certain conditions; providing for |
| 22 | scholarship amounts when a student is eligible for |
| 23 | scholarship funds under s. 504 of the federal |
| 24 | Rehabilitation Act or a Tier 3 Response to Intervention |
| 25 | plan; providing an effective date. |
| 26 |
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| 27 | Be It Enacted by the Legislature of the State of Florida: |
| 28 |
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| 29 | Section 1. Subsection (1), paragraph (a) of subsection |
| 30 | (2), subsection (3), paragraphs (a) and (e) of subsection (5), |
| 31 | and paragraph (a) of subsection (10) of section 1002.39, Florida |
| 32 | Statutes, are amended to read: |
| 33 | 1002.39 The John M. McKay Scholarships for Students with |
| 34 | Disabilities Program.-There is established a program that is |
| 35 | separate and distinct from the Opportunity Scholarship Program |
| 36 | and is named the John M. McKay Scholarships for Students with |
| 37 | Disabilities Program. |
| 38 | (1) THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH |
| 39 | DISABILITIES PROGRAM.-The John M. McKay Scholarships for |
| 40 | Students with Disabilities Program is established to provide the |
| 41 | option to attend a public school other than the one to which |
| 42 | assigned, or to provide a scholarship to a private school of |
| 43 | choice, for students with disabilities for whom: |
| 44 | (a) An individual educational plan has been written in |
| 45 | accordance with rules of the State Board of Education; |
| 46 | (b) A 504 accommodation plan has been issued under s. 504 |
| 47 | of the Rehabilitation Act of 1973; or |
| 48 | (c) A Tier 3 Response to Intervention plan has been |
| 49 | developed by the public school of attendance which implements |
| 50 | interventions to meet the individual needs of the student |
| 51 | pursuant to state board rule. |
| 52 |
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| 53 | Students with disabilities include K-12 students who are |
| 54 | documented as having an intellectual disability; a speech |
| 55 | impairment; a language impairment; a hearing impairment, |
| 56 | including deafness; a visual impairment, including blindness; a |
| 57 | dual sensory impairment; an orthopedic impairment; an other |
| 58 | health impairment; an emotional or behavioral disability; a |
| 59 | specific learning disability, including, but not limited to, |
| 60 | dyslexia, dyscalculia, or developmental aphasia; a traumatic |
| 61 | brain injury; a developmental delay; or autism spectrum |
| 62 | disorder. |
| 63 | (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.-The parent of a |
| 64 | student with a disability may request and receive from the state |
| 65 | a John M. McKay Scholarship for the child to enroll in and |
| 66 | attend a private school in accordance with this section if: |
| 67 | (a) The student has: |
| 68 | 1. Received specialized instructional services under the |
| 69 | Voluntary Prekindergarten Education Program pursuant to s. |
| 70 | 1002.66 during the previous school year and the student has a |
| 71 | current individual educational plan developed by the local |
| 72 | school board in accordance with rules of the State Board of |
| 73 | Education for the John M. McKay Scholarships for Students with |
| 74 | Disabilities Program or a 504 accommodation plan has been issued |
| 75 | under s. 504 of the Rehabilitation Act of 1973; |
| 76 | 2. Spent the prior school year in attendance at a Florida |
| 77 | public school or the Florida School for the Deaf and the Blind. |
| 78 | For purposes of this subparagraph, prior school year in |
| 79 | attendance means that the student was enrolled and reported by: |
| 80 | a. A school district for funding during the preceding |
| 81 | October and February Florida Education Finance Program surveys |
| 82 | in kindergarten through grade 12, which includes time spent in a |
| 83 | Department of Juvenile Justice commitment program if funded |
| 84 | under the Florida Education Finance Program; |
| 85 | b. The Florida School for the Deaf and the Blind during |
| 86 | the preceding October and February student membership surveys in |
| 87 | kindergarten through grade 12; or |
| 88 | c. A school district for funding during the preceding |
| 89 | October and February Florida Education Finance Program surveys, |
| 90 | was at least 4 years of age when so enrolled and reported, and |
| 91 | was eligible for services under s. 1003.21(1)(e); or |
| 92 | 3. Been enrolled and reported by a school district for |
| 93 | funding, during the October and February Florida Education |
| 94 | Finance Program surveys, in any of the 5 years prior to the |
| 95 | 2010-2011 fiscal year; has a current individualized educational |
| 96 | plan developed by the district school board in accordance with |
| 97 | rules of the State Board of Education for the John M. McKay |
| 98 | Scholarship Program no later than June 30, 2011; and receives a |
| 99 | first-time John M. McKay scholarship for the 2011-2012 school |
| 100 | year. Upon request of the parent, the local school district |
| 101 | shall complete a matrix of services as required in subparagraph |
| 102 | (5)(b)1. for a student requesting a current individualized |
| 103 | educational plan in accordance with the provisions of this |
| 104 | subparagraph. |
| 105 |
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| 106 | However, a dependent child of a member of the United States |
| 107 | Armed Forces who transfers to a school in this state from out of |
| 108 | state or from a foreign country due to a parent's permanent |
| 109 | change of station orders is exempt from this paragraph but must |
| 110 | meet all other eligibility requirements to participate in the |
| 111 | program. |
| 112 | (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.-A student is |
| 113 | not eligible for a John M. McKay Scholarship while he or she is: |
| 114 | (a) While he or she is enrolled in a school operating for |
| 115 | the purpose of providing educational services to youth in |
| 116 | Department of Juvenile Justice commitment programs; |
| 117 | (b) While he or she is receiving a Florida tax credit |
| 118 | scholarship under s. 1002.395; |
| 119 | (c) While he or she is receiving an educational |
| 120 | scholarship pursuant to this chapter; |
| 121 | (d) While he or she is participating in a home education |
| 122 | program as defined in s. 1002.01(1); |
| 123 | (e) While he or she is participating in a private tutoring |
| 124 | program pursuant to s. 1002.43; |
| 125 | (f) While he or she is participating in a virtual school, |
| 126 | correspondence school, or distance learning program that |
| 127 | receives state funding pursuant to the student's participation |
| 128 | unless the participation is limited to no more than two courses |
| 129 | per school year; |
| 130 | (g) While he or she is enrolled in the Florida School for |
| 131 | the Deaf and the Blind; or |
| 132 | (h) While he or she is not having regular and direct |
| 133 | contact with his or her private school teachers at the school's |
| 134 | physical location;. |
| 135 | (i) If he or she has been issued a temporary 504 |
| 136 | accommodation plan under s. 504 of the Rehabilitation Act of |
| 137 | 1973 which is valid for 6 months or less; or |
| 138 | (j) If he or she has been issued a Tier 3 Response to |
| 139 | Intervention plan by the public school of attendance pursuant to |
| 140 | state board rule for less than 90 days. |
| 141 | (5) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.- |
| 142 | (a)1. By April 1 of each year and within 10 days after an |
| 143 | individual education plan meeting, A school district shall |
| 144 | notify the parent of the student of all options available |
| 145 | pursuant to this section, inform the parent of the availability |
| 146 | of the department's telephone hotline and Internet website for |
| 147 | additional information on John M. McKay Scholarships, and offer |
| 148 | that student's parent an opportunity to enroll the student in |
| 149 | another public school in within the district by April 1 of each |
| 150 | year and within: |
| 151 | a. Ten days after the individual education plan meeting; |
| 152 | b. Ten days after a 504 accommodation plan is issued under |
| 153 | s. 504 of the Rehabilitation Act of 1973; or |
| 154 | c. Ninety days after a Tier 3 Response to Intervention |
| 155 | plan is developed by the public school of attendance which |
| 156 | implements interventions to meet the individual needs of the |
| 157 | student pursuant to state board rule. |
| 158 | 2. The parent is not required to accept the offer of |
| 159 | enrolling in another public school in lieu of requesting a John |
| 160 | M. McKay Scholarship to a private school. However, if the parent |
| 161 | chooses the public school option, the student may continue |
| 162 | attending a public school chosen by the parent until the student |
| 163 | graduates from high school. |
| 164 | 3. If the parent chooses a public school consistent with |
| 165 | the district school board's choice plan under s. 1002.31, the |
| 166 | school district shall provide transportation to the public |
| 167 | school selected by the parent. The parent is responsible to |
| 168 | provide transportation to a public school chosen that is not |
| 169 | consistent with the district school board's choice plan under s. |
| 170 | 1002.31. |
| 171 | (e) The parent of a student may choose, as an alternative, |
| 172 | to enroll the student in and transport the student to a public |
| 173 | school in an adjacent school district which has available space |
| 174 | and has a program with the services agreed to in the student's |
| 175 | individual education plan, 504 accommodation plan, or Tier 3 |
| 176 | Response to Intervention plan pursuant to state board rule |
| 177 | already in place, and that school district shall accept the |
| 178 | student and report the student for purposes of the district's |
| 179 | funding pursuant to the Florida Education Finance Program. |
| 180 | (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.- |
| 181 | (a)1. The maximum scholarship granted for an eligible |
| 182 | student with disabilities shall be equivalent to the base |
| 183 | student allocation in the Florida Education Finance Program |
| 184 | multiplied by the appropriate cost factor for the educational |
| 185 | program that would have been provided for the student in the |
| 186 | district school to which he or she was assigned, multiplied by |
| 187 | the district cost differential. |
| 188 | 2. In addition, a share of the guaranteed allocation for |
| 189 | exceptional students shall be determined and added to the amount |
| 190 | in subparagraph 1. The calculation shall be based on the |
| 191 | methodology and the data used to calculate the guaranteed |
| 192 | allocation for exceptional students for each district in chapter |
| 193 | 2000-166, Laws of Florida. Except as provided in subparagraphs |
| 194 | 3. and 4., the calculation shall be based on the student's |
| 195 | grade, matrix level of services, and the difference between the |
| 196 | 2000-2001 basic program and the appropriate level of services |
| 197 | cost factor, multiplied by the 2000-2001 base student allocation |
| 198 | and the 2000-2001 district cost differential for the sending |
| 199 | district. The calculated amount shall include the per-student |
| 200 | share of supplemental academic instruction funds, instructional |
| 201 | materials funds, technology funds, and other categorical funds |
| 202 | as provided in the General Appropriations Act. |
| 203 | 3. The scholarship amount for a student who is eligible |
| 204 | under sub-subparagraph (2)(a)2.b. shall be calculated as |
| 205 | provided in subparagraphs 1. and 2. However, the calculation |
| 206 | shall be based on the school district in which the parent |
| 207 | resides at the time of the scholarship request. |
| 208 | 4. Until the school district completes the matrix required |
| 209 | by paragraph (5)(b), the calculation shall be based on the |
| 210 | matrix that assigns the student to support level I of service as |
| 211 | it existed prior to the 2000-2001 school year. When the school |
| 212 | district completes the matrix, the amount of the payment shall |
| 213 | be adjusted as needed. |
| 214 | 5. The scholarship amount for a student eligible under s. |
| 215 | 504 of the Rehabilitation Act of 1973 shall be based on the |
| 216 | matrix that assigns the student to support level I of service as |
| 217 | it existed prior to the 2000-2001 school year. |
| 218 | 6. The scholarship amount for a student eligible under a |
| 219 | Tier 3 Response to Intervention plan pursuant to state board |
| 220 | rule shall be based on the matrix that assigns the student to |
| 221 | support level I of service as it existed prior to the 2000-2001 |
| 222 | school year. |
| 223 | Section 2. This act shall take effect July 1, 2011. |