Florida Senate - 2011                                    SB 1656
       
       
       
       By Senator Wise
       
       
       
       
       5-01015A-11                                           20111656__
    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.; making scholarships available to
    5         students with disabilities who have a 504
    6         accommodation plan issued under s. 504 of the federal
    7         Rehabilitation Act or a Tier 3 Response to
    8         Intervention plan developed by the public school of
    9         attendance and consistent with rules of the State
   10         Board of Education; allowing a parent to request and
   11         receive a scholarship for a student to enroll and
   12         attend a private school if the student has a 504
   13         accommodation plan; providing that a student is
   14         ineligible for a scholarship if a temporary 504
   15         accommodation plan is valid for 6 months or less or if
   16         a Tier 3 Response to Intervention plan is issued for
   17         less than 90 days; requiring that the school district
   18         notify a parent of available options within 10 days
   19         after a 504 accommodation plan is issued and 90 days
   20         after a Tier 3 Response to Intervention plan is
   21         developed; providing that a parent may choose to
   22         enroll the student in a public school in an adjacent
   23         district under certain conditions; providing for
   24         scholarship amounts when a student is eligible for
   25         scholarship funds under s. 504 of the federal
   26         Rehabilitation Act or a Tier 3 Response to
   27         Intervention plan; providing an effective date.
   28  
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Subsection (1), paragraph (a) of subsection (2),
   32  subsection (3), paragraphs (a) and (e) of subsection (5), and
   33  paragraph (a) of subsection (10) of section 1002.39, Florida
   34  Statutes, are amended 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         (1) THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
   41  DISABILITIES PROGRAM.—The John M. McKay Scholarships for
   42  Students with Disabilities Program is established to provide the
   43  option to attend a public school other than the one to which
   44  assigned, or to provide a scholarship to a private school of
   45  choice, for students with disabilities for whom:
   46         (a) An individual educational plan has been written in
   47  accordance with rules of the State Board of Education;
   48         (b) A 504 accommodation plan has been issued under s. 504
   49  of the Rehabilitation Act of 1973; or
   50         (c) A Tier 3 Response to Intervention plan has been
   51  developed by the public school of attendance which implements
   52  interventions to meet the individual needs of the student
   53  pursuant to state board rule.
   54  
   55  Students with disabilities include K-12 students who are
   56  documented as having an intellectual disability; a speech
   57  impairment; a language impairment; a hearing impairment,
   58  including deafness; a visual impairment, including blindness; a
   59  dual sensory impairment; an orthopedic impairment; an other
   60  health impairment; an emotional or behavioral disability; a
   61  specific learning disability, including, but not limited to,
   62  dyslexia, dyscalculia, or developmental aphasia; a traumatic
   63  brain injury; a developmental delay; or autism spectrum
   64  disorder.
   65         (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a
   66  student with a disability may request and receive from the state
   67  a John M. McKay Scholarship for the child to enroll in and
   68  attend a private school in accordance with this section if:
   69         (a) The student has:
   70         1. Received specialized instructional services under the
   71  Voluntary Prekindergarten Education Program pursuant to s.
   72  1002.66 during the previous school year and the student has a
   73  current individual educational plan developed by the local
   74  school board in accordance with rules of the State Board of
   75  Education for the John M. McKay Scholarships for Students with
   76  Disabilities Program or a 504 accommodation plan has been issued
   77  under s. 504 of the Rehabilitation Act of 1973;
   78         2. Spent the prior school year in attendance at a Florida
   79  public school or the Florida School for the Deaf and the Blind.
   80  For purposes of this subparagraph, prior school year in
   81  attendance means that the student was enrolled and reported by:
   82         a. A school district for funding during the preceding
   83  October and February Florida Education Finance Program surveys
   84  in kindergarten through grade 12, which includes time spent in a
   85  Department of Juvenile Justice commitment program if funded
   86  under the Florida Education Finance Program;
   87         b. The Florida School for the Deaf and the Blind during the
   88  preceding October and February student membership surveys in
   89  kindergarten through grade 12; or
   90         c. A school district for funding during the preceding
   91  October and February Florida Education Finance Program surveys,
   92  was at least 4 years of age when so enrolled and reported, and
   93  was eligible for services under s. 1003.21(1)(e); or
   94         3. Been enrolled and reported by a school district for
   95  funding, during the October and February Florida Education
   96  Finance Program surveys, in any of the 5 years prior to the
   97  2010-2011 fiscal year; has a current individualized educational
   98  plan developed by the district school board in accordance with
   99  rules of the State Board of Education for the John M. McKay
  100  Scholarship Program no later than June 30, 2011; and receives a
  101  first-time John M. McKay scholarship for the 2011-2012 school
  102  year. Upon request of the parent, the local school district
  103  shall complete a matrix of services as required in subparagraph
  104  (5)(b)1. for a student requesting a current individualized
  105  educational plan in accordance with the provisions of this
  106  subparagraph.
  107  
  108  However, a dependent child of a member of the United States
  109  Armed Forces who transfers to a school in this state from out of
  110  state or from a foreign country due to a parent’s permanent
  111  change of station orders is exempt from this paragraph but must
  112  meet all other eligibility requirements to participate in the
  113  program.
  114         (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.—A student is
  115  not eligible for a John M. McKay Scholarship while he or she is:
  116         (a) While he or she is enrolled in a school operating for
  117  the purpose of providing educational services to youth in
  118  Department of Juvenile Justice commitment programs;
  119         (b) While he or she is receiving a Florida tax credit
  120  scholarship under s. 1002.395;
  121         (c) While he or she is receiving an educational scholarship
  122  pursuant to this chapter;
  123         (d) While he or she is participating in a home education
  124  program as defined in s. 1002.01(1);
  125         (e) While he or she is participating in a private tutoring
  126  program pursuant to s. 1002.43;
  127         (f) While he or she is participating in a virtual school,
  128  correspondence school, or distance learning program that
  129  receives state funding pursuant to the student’s participation
  130  unless the participation is limited to no more than two courses
  131  per school year;
  132         (g) While he or she is enrolled in the Florida School for
  133  the Deaf and the Blind; or
  134         (h) While he or she is not having regular and direct
  135  contact with his or her private school teachers at the school’s
  136  physical location;.
  137         (i) If he or she has been issued a temporary 504
  138  accommodation plan under s. 504 of the Rehabilitation Act of
  139  1973 which is valid for 6 months or less; or
  140         (j) If he or she has been issued a Tier 3 Response to
  141  Intervention plan by the public school of attendance pursuant to
  142  state board rule for less than 90 days.
  143         (5) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
  144         (a)1. By April 1 of each year and within 10 days after an
  145  individual education plan meeting, A school district shall
  146  notify the parent of the student of all options available
  147  pursuant to this section, inform the parent of the availability
  148  of the department’s telephone hotline and Internet website for
  149  additional information on John M. McKay Scholarships, and offer
  150  that student’s parent an opportunity to enroll the student in
  151  another public school in within the district by April 1 of each
  152  year and within:
  153         a. Ten days after the individual education plan meeting;
  154         b. Ten days after a 504 accommodation plan is issued under
  155  s. 504 of the Rehabilitation Act of 1973; or
  156         c. Ninety days after a Tier 3 Response to Intervention plan
  157  is developed by the public school of attendance which implements
  158  interventions to meet the individual needs of the student
  159  pursuant to state board rule.
  160         2. The parent is not required to accept the offer of
  161  enrolling in another public school in lieu of requesting a John
  162  M. McKay Scholarship to a private school. However, if the parent
  163  chooses the public school option, the student may continue
  164  attending a public school chosen by the parent until the student
  165  graduates from high school.
  166         3. If the parent chooses a public school consistent with
  167  the district school board’s choice plan under s. 1002.31, the
  168  school district shall provide transportation to the public
  169  school selected by the parent. The parent is responsible to
  170  provide transportation to a public school chosen that is not
  171  consistent with the district school board’s choice plan under s.
  172  1002.31.
  173         (e) The parent of a student may choose, as an alternative,
  174  to enroll the student in and transport the student to a public
  175  school in an adjacent school district which has available space
  176  and has a program with the services agreed to in the student’s
  177  individual education plan, 504 accommodation plan, or Tier 3
  178  Response to Intervention plan pursuant to state board rule
  179  already in place, and that school district shall accept the
  180  student and report the student for purposes of the district’s
  181  funding pursuant to the Florida Education Finance Program.
  182         (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.—
  183         (a)1. The maximum scholarship granted for an eligible
  184  student with disabilities shall be equivalent to the base
  185  student allocation in the Florida Education Finance Program
  186  multiplied by the appropriate cost factor for the educational
  187  program that would have been provided for the student in the
  188  district school to which he or she was assigned, multiplied by
  189  the district cost differential.
  190         2. In addition, a share of the guaranteed allocation for
  191  exceptional students shall be determined and added to the amount
  192  in subparagraph 1. The calculation shall be based on the
  193  methodology and the data used to calculate the guaranteed
  194  allocation for exceptional students for each district in chapter
  195  2000-166, Laws of Florida. Except as provided in subparagraphs
  196  3. and 4., the calculation shall be based on the student’s
  197  grade, matrix level of services, and the difference between the
  198  2000-2001 basic program and the appropriate level of services
  199  cost factor, multiplied by the 2000-2001 base student allocation
  200  and the 2000-2001 district cost differential for the sending
  201  district. The calculated amount shall include the per-student
  202  share of supplemental academic instruction funds, instructional
  203  materials funds, technology funds, and other categorical funds
  204  as provided in the General Appropriations Act.
  205         3. The scholarship amount for a student who is eligible
  206  under sub-subparagraph (2)(a)2.b. shall be calculated as
  207  provided in subparagraphs 1. and 2. However, the calculation
  208  shall be based on the school district in which the parent
  209  resides at the time of the scholarship request.
  210         4. Until the school district completes the matrix required
  211  by paragraph (5)(b), the calculation shall be based on the
  212  matrix that assigns the student to support level I of service as
  213  it existed prior to the 2000-2001 school year. When the school
  214  district completes the matrix, the amount of the payment shall
  215  be adjusted as needed.
  216         5. The scholarship amount for a student eligible under s.
  217  504 of the Rehabilitation Act of 1973 shall be based on the
  218  matrix that assigns the student to support level I of service as
  219  it existed prior to the 2000-2001 school year.
  220         6. The scholarship amount for a student eligible under a
  221  Tier 3 Response to Intervention plan pursuant to state board
  222  rule shall be based on the matrix that assigns the student to
  223  support level I of service as it existed prior to the 2000-2001
  224  school year.
  225         Section 2. This act shall take effect July 1, 2011.