Florida Senate - 2018                                    SB 1080
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-00235A-18                                          20181080__
    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.; providing that specified eligibility
    5         requirements do not apply to students in certain
    6         grades beginning in a specified school year; revising
    7         student eligibility criteria; providing for the
    8         calculation of the scholarship amount for students
    9         diagnosed with a disability by certain physicians or
   10         psychologists; providing for the adjustment of the
   11         scholarship amount under certain circumstances;
   12         providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Present paragraph (b) of subsection (2) of
   17  section 1002.39, Florida Statutes, is redesignated as paragraph
   18  (c), subsection (1), paragraph (a) of subsection (2), and
   19  paragraph (a) of subsection (11) of that section are amended,
   20  and a new paragraph (b) is added to subsection (2) of that
   21  section, to read:
   22         1002.39 The John M. McKay Scholarships for Students with
   23  Disabilities Program.—There is established a program that is
   24  separate and distinct from the Opportunity Scholarship Program
   25  and is named the John M. McKay Scholarships for Students with
   26  Disabilities Program.
   27         (1) THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
   28  DISABILITIES PROGRAM.—The John M. McKay Scholarships for
   29  Students with Disabilities Program is established to provide the
   30  option to attend a public school other than the one to which
   31  assigned, or to provide a scholarship to a private school of
   32  choice, for students with disabilities for whom:
   33         (a) An individual educational plan has been written in
   34  accordance with rules of the State Board of Education or
   35  applicable rules of another state; or
   36         (b) A 504 accommodation plan has been issued under s. 504
   37  of the Rehabilitation Act of 1973; or.
   38         (c)A diagnosis of a disability has been received from a
   39  physician who is licensed under chapter 458 or chapter 459, a
   40  psychologist who is licensed under chapter 490, or a physician
   41  who holds an active license issued by another state or territory
   42  of the United States, the District of Columbia, or the
   43  Commonwealth of Puerto Rico.
   44  
   45  Students with disabilities include K-12 students who are
   46  documented as having an intellectual disability; a speech
   47  impairment; a language impairment; a hearing impairment,
   48  including deafness; a visual impairment, including blindness; a
   49  dual sensory impairment; an orthopedic impairment; an other
   50  health impairment; an emotional or behavioral disability; a
   51  specific learning disability, including, but not limited to,
   52  dyslexia, dyscalculia, or developmental aphasia; a traumatic
   53  brain injury; a developmental delay; or autism spectrum
   54  disorder.
   55         (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a
   56  student with a disability may request and receive from the state
   57  a John M. McKay Scholarship for the child to enroll in and
   58  attend a private school in accordance with this section if:
   59         (a) The student has:
   60         1. Received specialized instructional services under the
   61  Voluntary Prekindergarten Education Program pursuant to s.
   62  1002.66 during the previous school year and the student has a
   63  current individual educational plan developed by the local
   64  school board in accordance with rules of the State Board of
   65  Education for the John M. McKay Scholarships for Students with
   66  Disabilities Program or a 504 accommodation plan has been issued
   67  under s. 504 of the Rehabilitation Act of 1973; or
   68         2. Spent the prior school year in attendance at a Florida
   69  public school or the Florida School for the Deaf and the Blind.
   70  For purposes of this subparagraph, prior school year in
   71  attendance means that the student was enrolled and reported by:
   72         a. A school district for funding during the preceding
   73  October and February Florida Education Finance Program surveys
   74  in kindergarten through grade 12, which includes time spent in a
   75  Department of Juvenile Justice commitment program if funded
   76  under the Florida Education Finance Program;
   77         b. The Florida School for the Deaf and the Blind during the
   78  preceding October and February student membership surveys in
   79  kindergarten through grade 12; or
   80         c. A school district for funding during the preceding
   81  October and February Florida Education Finance Program surveys,
   82  was at least 4 years of age when so enrolled and reported, and
   83  was eligible for services under s. 1003.21(1)(e).
   84  
   85  However, a dependent child of a member of the United States
   86  Armed Forces who transfers to a school in this state from out of
   87  state or from a foreign country due to a parent’s permanent
   88  change of station orders or a foster child is exempt from this
   89  paragraph but must meet all other eligibility requirements to
   90  participate in the program. For the 2018-2019 school year and
   91  thereafter, a child in kindergarten through grade 5 is exempt
   92  from this paragraph but must meet all other eligibility
   93  requirements to participate in the program.
   94         (b)The student is the subject of an individual educational
   95  plan written in accordance with rules of the State Board of
   96  Education or applicable rules of another state; has a 504
   97  accommodation plan issued under s. 504 of the Rehabilitation Act
   98  of 1973; or has received a diagnosis of a disability from a
   99  physician who is licensed under chapter 458 or chapter 459, a
  100  psychologist who is licensed under chapter 490, or a physician
  101  who holds an active license issued by another state or territory
  102  of the United States, the District of Columbia, or the
  103  Commonwealth of Puerto Rico.
  104         (11) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.—
  105         (a)1. The maximum scholarship granted for an eligible
  106  student with disabilities shall be equivalent to the base
  107  student allocation in the Florida Education Finance Program
  108  multiplied by the appropriate cost factor for the educational
  109  program that would have been provided for the student in the
  110  district school to which he or she was assigned, multiplied by
  111  the district cost differential.
  112         2. In addition, a share of the guaranteed allocation for
  113  exceptional students shall be determined and added to the amount
  114  in subparagraph 1. The calculation shall be based on the
  115  methodology and the data used to calculate the guaranteed
  116  allocation for exceptional students for each district in chapter
  117  2000-166, Laws of Florida. Except as provided in subparagraphs
  118  3. and 4., the calculation shall be based on the student’s
  119  grade, matrix level of services, and the difference between the
  120  2000-2001 basic program and the appropriate level of services
  121  cost factor, multiplied by the 2000-2001 base student allocation
  122  and the 2000-2001 district cost differential for the sending
  123  district. The calculated amount shall include the per-student
  124  share of supplemental academic instruction funds, instructional
  125  materials funds, technology funds, and other categorical funds
  126  as provided in the General Appropriations Act.
  127         3. The scholarship amount for a student who is eligible
  128  under sub-subparagraph (2)(a)2.b. shall be calculated as
  129  provided in subparagraphs 1. and 2. However, the calculation
  130  shall be based on the school district in which the parent
  131  resides at the time of the scholarship request.
  132         4. Until the school district completes the matrix required
  133  by paragraph (5)(b), the calculation shall be based on the
  134  matrix that assigns the student to support Level I of service as
  135  it existed prior to the 2000-2001 school year. When the school
  136  district completes the matrix, the amount of the payment shall
  137  be adjusted as needed.
  138         5. The scholarship amount for a student eligible under s.
  139  504 of the Rehabilitation Act of 1973 shall be based on the
  140  program cost factor the student currently generates through the
  141  Florida Education Finance Program.
  142         6.The scholarship amount for a student eligible under
  143  paragraph (2)(b) shall be based on the matrix assigning the
  144  student to support Level II of service. However, if a parent
  145  receives an individual educational plan and a matrix of services
  146  from the school district pursuant to subsection (5), the
  147  scholarship amount shall be adjusted when the school district
  148  completes the matrix.
  149         7.6. The scholarship amount granted for an eligible student
  150  with disabilities is not subject to the maximum value for
  151  funding a student under s. 1011.61(4).
  152         Section 2. This act shall take effect July 1, 2018.