Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1656
       
       
       
       
       
       
                                Barcode 106856                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/14/2011           .                                
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       The Committee on Education Pre-K - 12 (Wise) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1), paragraph (a) of subsection (2),
    6  subsection (3), paragraphs (a) and (e) of subsection (5), and
    7  paragraph (a) of subsection (10) of section 1002.39, Florida
    8  Statutes, are amended to read:
    9         1002.39 The John M. McKay Scholarships for Students with
   10  Disabilities Program.—There is established a program that is
   11  separate and distinct from the Opportunity Scholarship Program
   12  and is named the John M. McKay Scholarships for Students with
   13  Disabilities Program.
   14         (1) THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
   15  DISABILITIES PROGRAM.—The John M. McKay Scholarships for
   16  Students with Disabilities Program is established to provide the
   17  option to attend a public school other than the one to which
   18  assigned, or to provide a scholarship to a private school of
   19  choice, for students with disabilities for whom:
   20         (a) An individual educational plan has been written in
   21  accordance with rules of the State Board of Education; or
   22         (b) A 504 accommodation plan has been issued under s. 504
   23  of the Rehabilitation Act of 1973.
   24  
   25  Students with disabilities include K-12 students who are
   26  documented as having an intellectual disability; a speech
   27  impairment; a language impairment; a hearing impairment,
   28  including deafness; a visual impairment, including blindness; a
   29  dual sensory impairment; an orthopedic impairment; an other
   30  health impairment; an emotional or behavioral disability; a
   31  specific learning disability, including, but not limited to,
   32  dyslexia, dyscalculia, or developmental aphasia; a traumatic
   33  brain injury; a developmental delay; or autism spectrum
   34  disorder.
   35         (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a
   36  student with a disability may request and receive from the state
   37  a John M. McKay Scholarship for the child to enroll in and
   38  attend a private school in accordance with this section if:
   39         (a) The student has:
   40         1. Received specialized instructional services under the
   41  Voluntary Prekindergarten Education Program pursuant to s.
   42  1002.66 during the previous school year and the student has a
   43  current individual educational plan developed by the local
   44  school board in accordance with rules of the State Board of
   45  Education for the John M. McKay Scholarships for Students with
   46  Disabilities Program or a 504 accommodation plan has been issued
   47  under s. 504 of the Rehabilitation Act of 1973;
   48         2. Spent the prior school year in attendance at a Florida
   49  public school or the Florida School for the Deaf and the Blind.
   50  For purposes of this subparagraph, prior school year in
   51  attendance means that the student was enrolled and reported by:
   52         a. A school district for funding during the preceding
   53  October and February Florida Education Finance Program surveys
   54  in kindergarten through grade 12, which includes time spent in a
   55  Department of Juvenile Justice commitment program if funded
   56  under the Florida Education Finance Program;
   57         b. The Florida School for the Deaf and the Blind during the
   58  preceding October and February student membership surveys in
   59  kindergarten through grade 12; or
   60         c. A school district for funding during the preceding
   61  October and February Florida Education Finance Program surveys,
   62  was at least 4 years of age when so enrolled and reported, and
   63  was eligible for services under s. 1003.21(1)(e); or
   64         3. Been enrolled and reported by a school district for
   65  funding, during the October and February Florida Education
   66  Finance Program surveys, in any of the 5 years prior to the
   67  2010-2011 fiscal year; has a current individualized educational
   68  plan developed by the district school board in accordance with
   69  rules of the State Board of Education for the John M. McKay
   70  Scholarship Program no later than June 30, 2011; and receives a
   71  first-time John M. McKay scholarship for the 2011-2012 school
   72  year. Upon request of the parent, the local school district
   73  shall complete a matrix of services as required in subparagraph
   74  (5)(b)1. for a student requesting a current individualized
   75  educational plan in accordance with the provisions of this
   76  subparagraph.
   77  
   78  However, a dependent child of a member of the United States
   79  Armed Forces who transfers to a school in this state from out of
   80  state or from a foreign country due to a parent’s permanent
   81  change of station orders is exempt from this paragraph but must
   82  meet all other eligibility requirements to participate in the
   83  program.
   84         (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.—A student is
   85  not eligible for a John M. McKay Scholarship while he or she is:
   86         (a) While he or she is enrolled in a school operating for
   87  the purpose of providing educational services to youth in
   88  Department of Juvenile Justice commitment programs;
   89         (b) While he or she is receiving a Florida tax credit
   90  scholarship under s. 1002.395;
   91         (c) While he or she is receiving an educational scholarship
   92  pursuant to this chapter;
   93         (d) While he or she is participating in a home education
   94  program as defined in s. 1002.01(1);
   95         (e) While he or she is participating in a private tutoring
   96  program pursuant to s. 1002.43;
   97         (f) While he or she is participating in a virtual school,
   98  correspondence school, or distance learning program that
   99  receives state funding pursuant to the student’s participation
  100  unless the participation is limited to no more than two courses
  101  per school year;
  102         (g) While he or she is enrolled in the Florida School for
  103  the Deaf and the Blind; or
  104         (h) While he or she is not having regular and direct
  105  contact with his or her private school teachers at the school’s
  106  physical location; or
  107         (i) If he or she has been issued a temporary 504
  108  accommodation plan under s. 504 of the Rehabilitation Act of
  109  1973 which is valid for 6 months or less.
  110         (5) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
  111         (a)1. By April 1 of each year and within 10 days after an
  112  individual education plan meeting or a 504 accommodation plan is
  113  issued under s. 504 of the Rehabilitation Act of 1973, a school
  114  district shall notify the parent of the student of all options
  115  available pursuant to this section, inform the parent of the
  116  availability of the department’s telephone hotline and Internet
  117  website for additional information on John M. McKay
  118  Scholarships, and offer that student’s parent an opportunity to
  119  enroll the student in another public school in within the
  120  district.
  121         2. The parent is not required to accept the offer of
  122  enrolling in another public school in lieu of requesting a John
  123  M. McKay Scholarship to a private school. However, if the parent
  124  chooses the public school option, the student may continue
  125  attending a public school chosen by the parent until the student
  126  graduates from high school.
  127         3. If the parent chooses a public school consistent with
  128  the district school board’s choice plan under s. 1002.31, the
  129  school district shall provide transportation to the public
  130  school selected by the parent. The parent is responsible to
  131  provide transportation to a public school chosen that is not
  132  consistent with the district school board’s choice plan under s.
  133  1002.31.
  134         (e) The parent of a student may choose, as an alternative,
  135  to enroll the student in and transport the student to a public
  136  school in an adjacent school district which has available space
  137  and has a program with the services agreed to in the student’s
  138  individual education plan or 504 accommodation plan already in
  139  place, and that school district shall accept the student and
  140  report the student for purposes of the district’s funding
  141  pursuant to the Florida Education Finance Program.
  142         (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.—
  143         (a)1. The maximum scholarship granted for an eligible
  144  student with disabilities shall be equivalent to the base
  145  student allocation in the Florida Education Finance Program
  146  multiplied by the appropriate cost factor for the educational
  147  program that would have been provided for the student in the
  148  district school to which he or she was assigned, multiplied by
  149  the district cost differential.
  150         2. In addition, a share of the guaranteed allocation for
  151  exceptional students shall be determined and added to the amount
  152  in subparagraph 1. The calculation shall be based on the
  153  methodology and the data used to calculate the guaranteed
  154  allocation for exceptional students for each district in chapter
  155  2000-166, Laws of Florida. Except as provided in subparagraphs
  156  3. and 4., the calculation shall be based on the student’s
  157  grade, matrix level of services, and the difference between the
  158  2000-2001 basic program and the appropriate level of services
  159  cost factor, multiplied by the 2000-2001 base student allocation
  160  and the 2000-2001 district cost differential for the sending
  161  district. The calculated amount shall include the per-student
  162  share of supplemental academic instruction funds, instructional
  163  materials funds, technology funds, and other categorical funds
  164  as provided in the General Appropriations Act.
  165         3. The scholarship amount for a student who is eligible
  166  under sub-subparagraph (2)(a)2.b. shall be calculated as
  167  provided in subparagraphs 1. and 2. However, the calculation
  168  shall be based on the school district in which the parent
  169  resides at the time of the scholarship request.
  170         4. Until the school district completes the matrix required
  171  by paragraph (5)(b), the calculation shall be based on the
  172  matrix that assigns the student to support level I of service as
  173  it existed prior to the 2000-2001 school year. When the school
  174  district completes the matrix, the amount of the payment shall
  175  be adjusted as needed.
  176         5. The scholarship amount for a student eligible under s.
  177  504 of the Rehabilitation Act of 1973 shall be based on the
  178  program cost factor the student currently generates through the
  179  Florida Education Finance Program.
  180         Section 2. This act shall take effect July 1, 2011.
  181  
  182  ================= T I T L E  A M E N D M E N T ================
  183         And the title is amended as follows:
  184         Delete everything before the enacting clause
  185  and insert:
  186                        A bill to be entitled                      
  187         An act relating to the John M. McKay Scholarships for
  188         Students with Disabilities Program; amending s.
  189         1002.39, F.S.; making scholarships available to
  190         students with disabilities who have a 504
  191         accommodation plan issued under s. 504 of the federal
  192         Rehabilitation Act; allowing a parent to request and
  193         receive a scholarship for a student to enroll in and
  194         attend a private school if the student has a 504
  195         accommodation plan; providing that students with
  196         certain temporary 504 accommodation plans are
  197         ineligible for a scholarship; requiring that the
  198         school district notify a parent of available options
  199         within 10 days after a 504 accommodation plan is
  200         issued; providing that a parent may choose to enroll
  201         the student in a public school in an adjacent district
  202         under certain conditions; providing for scholarship
  203         amounts; providing an effective date.