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House Bill 3213

Florida House of Representatives - 1998 HB 3213 By Representatives Wise, Valdes, Thrasher, Melvin, Feeney, Ziebarth, Dockery, Wallace, Flanagan, Smith, Fasano, Trovillion, Putnam, Byrd, Bainter, Maygarden, Bitner, Lacasa, Littlefield, Bronson, Brooks, Andrews, Arnall, Futch, Gay, (Additional Sponsors on Last Printed Page) 1 A bill to be entitled 2 An act relating to education; creating a 3 public-private partnership pilot program; 4 providing intent and definitions; providing 5 eligibility requirements for private schools 6 and nonprofit organizations; providing for 7 flexibility in educating students; providing 8 for payment of funds; requiring certain funds 9 to be sent to a direct-support organization for 10 specified use; providing student enrollment 11 requirements; providing for rules; requiring 12 the Department of Education to establish a 13 choice information center; requiring 14 legislative review; requiring reports; 15 providing for severability; providing an 16 effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Public-private partnership pilot program.-- 21 (1) It is the purpose of this section to establish a 22 pilot program to allow residents of Florida to have a choice 23 in the type of educational setting in which their children are 24 taught. It is legislative intent that the pilot program 25 established by this section will create a sustainable 26 competitive educational environment and fiscally responsible 27 process which will enhance per student funding in the public 28 education system and reduce the pressure on public education 29 to build more school facilities while providing a variety of 30 quality education delivery systems from which parents can 31 choose, including, but not limited to, traditional private 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3213 144-161O-98 1 schools and courses of instruction offered by nonprofit 2 organizations. 3 (2) As used in this section: 4 (a) "Nonprofit organization" means an organization 5 with s. 501(c)(3) Internal Revenue Service status that charges 6 tuition. 7 (b) "Parent" means the natural or adoptive parent or 8 legal guardian of a dependent child. 9 (c) "Private school" means a school as defined in s. 10 623.02, Florida Statutes, that charges tuition or fees for the 11 services it provides and is in compliance with the laws of the 12 state. 13 (3) There is hereby created a 5-year public-private 14 partnership pilot program in Clay, Okaloosa, and Orange 15 Counties. Any private school or nonprofit organization in 16 such counties is eligible to participate in the program if the 17 criteria of this subsection are met. A private school or 18 nonprofit organization must: 19 (a) Have an admission policy which does not 20 discriminate as to race, religion, ethnicity, national origin, 21 or gender. 22 (b) Provide a curriculum which includes the following 23 five core subjects: English, including, for elementary school 24 students, reading fundamentals; mathematics; science; history; 25 and geography. A school formed to meet the special needs of 26 profoundly mentally handicapped, trainable mentally 27 handicapped, dual sensory impaired, or autistic students shall 28 be exempt from the curriculum requirement of this paragraph 29 and the testing requirement of paragraph (d). 30 (c) Disclose teacher credentials to parents. 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3213 144-161O-98 1 (d) Except as otherwise provided, post-test all 2 students utilizing a uniformly applied standardized testing 3 instrument to determine learning progress and provide a copy 4 of the results to the Department of Education. 5 (e) Have been operating for at least 2 calendar years 6 or, if in operation for less than 2 calendar years, have 7 obtained a letter of credit or a bond indemnifying the state 8 from monetary loss. 9 (f) If a nonprofit organization, be registered with 10 the state and Federal Government as a nonprofit corporation 11 under s. 501(c)(3) of the Internal Revenue Code. 12 (4) It is the intent of the Legislature that the pilot 13 program will not result in any additional regulation of 14 private schools. Participating schools, regardless of size, 15 shall be accorded maximum flexibility to educate their 16 students and shall be free from unnecessary, burdensome, or 17 onerous regulation. 18 (5) The pilot program shall provide for payment as 19 follows: 20 (a)1. The parent of a student participating in the 21 pilot program who is transferring from a public school to a 22 private school or nonprofit organization is entitled to direct 23 to the private school or nonprofit organization a payment of 24 the base rate of 50 percent of the weighted full-time 25 equivalent student funding, based on the assigned program cost 26 factor in the Florida Education Finance Program, for such 27 student in kindergarten through grade 12 for up to 180 days of 28 instruction per local school district fiscal year or the 29 actual cost for tuition at the school, whichever is less. 30 2. If a student is eligible to participate in the free 31 lunch program pursuant to 42 U.S.C. 1758(b), the parent is 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3213 144-161O-98 1 entitled to direct a payment of 1.5 times the base rate or the 2 actual cost for tuition at the school, whichever is less. 3 3. If a student is eligible to participate in the 4 reduced-price lunch program pursuant to 42 U.S.C. 1758(b), the 5 parent is entitled to direct a payment of 1.25 times the base 6 rate or the actual cost for tuition at the school, whichever 7 is less. 8 9 Any amount of funding not used for tuition that the parent of 10 a student would otherwise be eligible to direct may be used to 11 reimburse the parent for any transportation costs incurred in 12 getting his or her child to school. The parent may apply to 13 the Department of Education using a transportation 14 reimbursement form that the department shall provide. Actual 15 mileage or public transportation costs are eligible 16 transportation expenses. All unused tuition money must be 17 sent to a direct-support organization with s. 501(c)(3) 18 Internal Revenue Service status, created by the Department of 19 Education. 20 (b) Each school district shall receive 10 percent of 21 the weighted full-time equivalent student funding, based on 22 the assigned program cost factor as provided in the Florida 23 Education Finance Program, for each student within the school 24 district who is participating in the pilot program. 25 (c) All remaining moneys of the weighted full-time 26 equivalent student funding, based on the assigned program cost 27 factor as provided in the Florida Education Finance Program, 28 for each student within the school district who is 29 participating in the pilot program shall be sent to the 30 direct-support organization specified in paragraph (a). The 31 direct-support organization may increase funds by seeking 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3213 144-161O-98 1 private contributions. Beginning the second year of the pilot 2 program, such funds shall be used for providing payment to be 3 directed by the parent to a private school or nonprofit 4 organization for a student who was attending a private school 5 at the time such student was selected to participate in the 6 pilot program. 7 (d) Private school students shall be selected to 8 participate in the pilot program by means of a lottery until 9 direct-support organization funds are depleted. The 10 Department of Education shall ensure that funds sent to the 11 direct-support organization for a participating school 12 district are earmarked for such school district and returned 13 to the school district according to the provisions of this 14 section. 15 (6)(a) The pilot program shall be made available on 16 the effective date of this act to students who were enrolled 17 in the public school system the entire previous regular school 18 year, provided that in each school district the number of 19 students participating in the pilot program during the first 20 school year of operation shall not exceed a number equivalent 21 to the district's projected enrollment growth for that school 22 year over the previous school year, as defined in paragraph 23 (b). On July 1 of each year thereafter, the enrollment in the 24 pilot program in each school district shall be limited to 25 those students enrolled in the pilot program during the 26 previous school year who are eligible to continue plus a 27 number equivalent to the district's projected enrollment 28 growth for the school year beginning after July 1 over the 29 previous school year, as defined in paragraph (b). If the 30 number of students in a given school district desiring to 31 participate in any year exceeds the number permitted, the 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3213 144-161O-98 1 students shall be selected on a lottery basis utilizing a 2 method approved by the Commissioner of Education. To the 3 extent possible, the lottery must provide that the same 4 percentage of free or reduced-price lunch program eligible 5 students who are enrolled in the public schools in the 6 district are selected in the pilot program. 7 (b) For purposes of this section, the number used for 8 each school district's projected enrollment growth shall be 9 the projection of enrollment growth for prekindergarten 10 through grade 12, excluding adult programs, agreed to by the 11 Education Estimating Conference for use in the General 12 Appropriations Act. 13 (7) A participating private school or nonprofit 14 organization or a district school board may not be obligated 15 to provide transportation to students participating in the 16 pilot program. 17 (8) The State Board of Education, in order to avoid 18 creating an undue financial burden on the participants in the 19 pilot program, shall adopt rules to ensure the prompt payment 20 on behalf of parents of qualified participants of this 21 program. Upon authorization of the parent, payment shall be 22 made directly to the authorized private school or nonprofit 23 organization in nine equal monthly payments. The parent's 24 signature must be obtained at the school or organization at 25 the time of each payment. 26 (9) The Department of Education shall establish and 27 maintain a choice information center to provide information 28 and assistance to parents in selecting a private school or 29 nonprofit organization. The center shall obtain and include 30 information from each participating private school and 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3213 144-161O-98 1 nonprofit organization and produce a guide for distribution to 2 interested parents. 3 (10) The Legislature shall conduct a review of the 4 pilot program after the third school year of operation. 5 (11) The pilot program public school districts shall 6 provide a report to the President of the Senate and the 7 Speaker of the House of Representatives with recommendations 8 for improving the program, including recommended reduction in 9 rules. 10 (12) No later than December 31 following the end of 11 the third school year of operation, the Office of Program 12 Policy Analysis and Government Accountability shall provide a 13 report to the President of the Senate and the Speaker of the 14 House of Representatives on the pilot program, using all data 15 obtained to analyze the success, progress, or failure of the 16 program and the participating students and schools. The report 17 must detail the operation and cost of the pilot program and 18 include recommendations regarding extension, expansion, or 19 termination of the pilot program after the initial 5-year 20 period. 21 (13) Any other corporation, organization, or 22 association with an interest in the pilot program may provide 23 a report to the President of the Senate and the Speaker of the 24 House of Representatives with recommendations for improving 25 the program. 26 Section 2. If any provision of this act or the 27 application thereof to any person or circumstance is held 28 invalid, the invalidity shall not affect other provisions or 29 applications of the act which can be given effect without the 30 invalid provision or application, and to this end the 31 provisions of this act are declared severable. 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3213 144-161O-98 1 Section 3. This act shall take effect July 1 of the 2 year in which enacted. 3 4 ***************************************** 5 HOUSE SUMMARY 6 Creates a 5-year public-private partnership pilot program 7 in specified counties to allow residents of Florida to have a choice in the type of educational setting in which 8 their children are taught. Provides eligibility requirements for private schools and nonprofit 9 organizations for participation in the program. Provides for payment and use of funds. Provides requirements 10 relating to student enrollment. Requires the Department of Education to establish a choice information center. 11 Requires legislative review of the program and certain reporting. 12 13 14 ***************************************** 15 ADDITIONAL SPONSORS 16 Villalobos, Fuller, Garcia, Rodriguez-Chomat, Harrington, 17 Barreiro, Argenziano, Merchant, Sanderson, Albright, Ball, Burroughs, K. Pruitt and Kelly 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8