House Bill hb0303c1

CODING: Words stricken are deletions; words underlined are additions.




    Florida House of Representatives - 2001              CS/HB 303

        By the Committee on Education Innovation and
    Representatives Lacasa, Diaz de la Portilla, Melvin,
    Diaz-Balart, Murman, Mealor, Baxley, Rubio, Andrews, Brown and
    Byrd



  1                      A bill to be entitled

  2         An act relating to relief from overcrowded

  3         schools; creating s. 235.063, F.S.;

  4         establishing the S.C.R.I.P.T. grants program

  5         for school overcrowding relief; providing a

  6         short title; providing findings, intent, and

  7         purposes; providing a definition; providing

  8         school district, parent, and Department of

  9         Education obligations; providing private school

10         eligibility requirements; providing for the

11         initial award, renewal, and disbursement of

12         S.C.R.I.P.T. grants; limiting the liability of

13         the state relating to the award or use of a

14         S.C.R.I.P.T. grant; providing an effective

15         date.

16

17         WHEREAS, the State of Florida is among national leaders

18  in providing state funding for K-12 public educational

19  facilities, and has provided an infusion of several billions

20  of dollars of state funds for K-12 public educational

21  facilities since the November 1997 Special Legislative Session

22  on School Overcrowding, NOW, THEREFORE,

23

24  Be It Enacted by the Legislature of the State of Florida:

25

26         Section 1.  Section 235.063, Florida Statutes, is

27  created to read:

28         235.063  S.C.R.I.P.T. grants program for school

29  overcrowding relief.--

30

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001              CS/HB 303

    603-156B-01






  1         (1)  SHORT TITLE.--This section may be cited as the

  2  "S.C.R.I.P.T. (School Crowding Relief Intervention for Parents

  3  and Teachers) Grants Act."

  4         (2)  FINDINGS, INTENT, AND PURPOSES.--

  5         (a)  The Legislature finds that school overcrowding

  6  results in the use of relocatable facilities, causes lunch to

  7  be provided at unacceptable times, leads to an increase in

  8  student misbehavior and a decrease in individualized

  9  instruction to students, and causes parents great concern.

10         (b)  It is the intent of the Legislature that parents

11  of students in overcrowded schools be given the option to

12  enroll their children in a public school within the same

13  district that is not overcrowded, or to receive a S.C.R.I.P.T.

14  grant to allow their children to leave the public school

15  system and attend an eligible private school of the parents'

16  choice for as long as the parents desire, provided the

17  requirements of subsection (9) are met.

18         (c)  The purposes of this section are to provide

19  immediate and targeted relief for public school overcrowding,

20  improve classroom conditions for teachers and students, reduce

21  the cost of public education for Florida's taxpayers, foster

22  participation by parents in their children's education, create

23  a beneficial public-private collaboration in K-12 education,

24  and enhance the learning environment for all of Florida's K-12

25  students.

26         (3)  DEFINITION.--As used in this section, the term

27  "overcrowded school" means an elementary school, middle/junior

28  high school, high school, or combination school in which:

29         (a)  The capital outlay FTE enrollment exceeds 120

30  percent of the school's permanent student stations; or

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001              CS/HB 303

    603-156B-01






  1         (b)  The initial design incorporated relocatable or

  2  modular instructional space and the capital outlay FTE

  3  enrollment exceeds 120 percent of the school's permanent food

  4  service and multipurpose dining capacity.

  5         (4)  PARENTAL CHOICE.--Beginning with the 2001-2002

  6  school year and thereafter, the parent of any K-12 student who

  7  is enrolled and in attendance during the October and February

  8  FTE enrollment counts in a Florida public school that meets

  9  the definition of an overcrowded school pursuant to subsection

10  (3) may, for the following school year:

11         (a)  Opt to have the student remain in the school in

12  which the student is enrolled;

13         (b)  Opt to have the student transferred to another

14  public school within the district that does not meet the

15  definition of an overcrowded school pursuant to subsection

16  (3); or

17         (c)  Opt to request, on an annual basis, a S.C.R.I.P.T.

18  grant of $3,000 to assist the parent in paying for the

19  student's attendance at an eligible private school of the

20  parent's choice.

21         (5)  SCHOOL DISTRICT OBLIGATIONS.--

22         (a)  Each school district shall annually by February

23  22, for each K-12 student eligible under subsection (4) in a

24  school that meets the definition of an overcrowded school

25  pursuant to subsection (3), notify the parent that the school

26  is overcrowded and provide the parent with the parental choice

27  options for the following school year as provided in

28  subsection (4).

29         (b)  Notification shall be published on the school

30  district web site, in area newspapers, and by written notice

31  sent home with the student, and must include a listing of the

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001              CS/HB 303

    603-156B-01






  1  public schools, including charter schools, within the district

  2  that do not meet the definition of an overcrowded school

  3  pursuant to subsection (3).

  4         (6)  PARENT OBLIGATIONS.--

  5         (a)  The parent shall notify the school district as to

  6  which of the options provided in subsection (4) the parent

  7  wishes to choose.

  8         1.  Failure of the parent to provide notification shall

  9  constitute the choice of the option provided by paragraph

10  (4)(a).

11         2.  If the parent chooses the option provided by

12  paragraph (4)(b), the parent shall inform the school district

13  by March 31 which public school the parent has selected, and

14  the parent shall agree to provide any necessary transportation

15  for the student to the selected public school.

16         3.  If the parent chooses the option provided by

17  paragraph (4)(c), the parent must:

18         a.  Obtain acceptance for admission of the student to a

19  private school eligible under subsection (7) as soon as

20  possible, and inform the private school that the student will

21  be using a S.C.R.I.P.T. grant; or, if the parent is unable to

22  obtain acceptance for admission or for any reason decides not

23  to participate in the program, notify the school district as

24  soon as possible, so that the option in paragraph (4)(c) can

25  be made available to another parent.

26         b.  Notify the Department of Education by July 1 of the

27  parent's request for a S.C.R.I.P.T. grant and the name and

28  address of the selected private school.

29         c.  Agree to provide transportation for the student to

30  the private school if necessary.

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001              CS/HB 303

    603-156B-01






  1         d.  Agree to pay any costs associated with the

  2  student's attendance at the private school that exceed the

  3  annual amount of the S.C.R.I.P.T. grant.

  4         e.  Agree that the education provided by the private

  5  school selected shall satisfy the student's full need for

  6  educational services from the student's school.

  7         (b)  After the first year of the student's attending a

  8  private school under the S.C.R.I.P.T. grants program, the

  9  parent must annually notify the Department of Education no

10  later than July 1 if the parent intends to renew the grant

11  according to the provisions of subsection (9) in order for the

12  student to continue in the program, together with the name and

13  address of the private school selected for the student for the

14  following school year.

15         (7)  PRIVATE SCHOOL ELIGIBILITY.--Eligibility of a

16  private school shall be determined by the parental oversight

17  and accountability requirements that, coupled with the

18  exercise of parental choice, are reasonably necessary to

19  secure the educational public purpose. To be eligible to

20  participate in the S.C.R.I.P.T. grants program, a private

21  school must be a Florida private school, may be sectarian or

22  nonsectarian, and must:

23         (a)  Demonstrate fiscal soundness by being in operation

24  for 1 school year or provide the Department of Education with

25  a statement by a certified public accountant confirming that

26  the private school desiring to participate is insured and the

27  owner or owners have sufficient capital or credit to operate

28  the school for the upcoming year serving the number of

29  students anticipated with expected revenues from tuition and

30  other sources that may be reasonably expected. In lieu of such

31  a statement, a surety bond or letter of credit for the amount

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001              CS/HB 303

    603-156B-01






  1  equal to the S.C.R.I.P.T. grants funds for any school year may

  2  be filed with the department.

  3         (b)  Notify the Department of Education and the school

  4  district in the service area in which the school is located of

  5  its intent to participate in the program under this section as

  6  early as possible, but no later than July 1 preceding the

  7  school year in which it intends to participate. The notice

  8  shall specify the grade levels and services that the private

  9  school has available for the S.C.R.I.P.T. grants program.

10         (c)  Comply with the antidiscrimination provisions of

11  42 U.S.C. s. 2000d.

12         (d)  Meet state and local health and safety laws and

13  codes.

14         (e)  Comply with all state statutes applicable to the

15  general regulation of private schools.

16         (8)  INITIAL S.C.R.I.P.T. GRANTS.--

17         (a)  Initial S.C.R.I.P.T. grants shall be offered on a

18  first-come, first-served basis to parents who are eligible to

19  exercise the parental choice options provided in subsection

20  (4).

21         (b)  The number of initial S.C.R.I.P.T. grants to be

22  awarded shall be determined annually by the Department of

23  Education by February 7, based upon the capital outlay FTE

24  enrollment as determined by the October count and the Florida

25  Inventory of School Houses permanent student stations or

26  permanent food service and multipurpose dining capacity as

27  appropriate as of November 1, and capped at the number that

28  would reduce the applicable percentage of capital outlay FTE

29  enrollment specified in subsection (3) to 100 percent.

30         (9)  S.C.R.I.P.T. GRANT RENEWAL.--For purposes of

31  educational continuity and parental choice, a S.C.R.I.P.T.

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001              CS/HB 303

    603-156B-01






  1  grant, once awarded, shall be renewable for as long as the

  2  parent is a Florida resident who opts for continuation of the

  3  grant for the student and the student lawfully attends an

  4  eligible private school, through the 12th grade. The

  5  S.C.R.I.P.T. grant may be transferred from one eligible

  6  private school to another upon the school's acceptance of the

  7  student and the parent's provision of adequate notice to the

  8  Department of Education. A parent may, however, at any time

  9  opt to return the student to public school.

10         (10)  S.C.R.I.P.T. GRANT DISBURSEMENT.--Upon proper

11  documentation reviewed and approved by the Department of

12  Education, the Comptroller shall make S.C.R.I.P.T. grant

13  payments in four equal amounts no later than September 1,

14  November 1, February 1, and April 1 of each academic year. The

15  initial payment shall be made after Department of Education

16  verification of admission acceptance, and subsequent payments

17  shall be made upon verification of the student's continued

18  enrollment and attendance at the private school. Payment must

19  be by individual warrant made payable to the student's parent

20  and mailed by the Department of Education to the private

21  school of the parent's choice, and the parent shall

22  restrictively endorse the warrant to the private school.

23         (11)  LIABILITY.--No liability shall arise on the part

24  of the state based on the award or use of any S.C.R.I.P.T.

25  grant.

26         (12)  DEPARTMENT OF EDUCATION OBLIGATIONS.--

27         (a)  The Department of Education shall annually

28  calculate and publicize the number of initial S.C.R.I.P.T.

29  grants, determined pursuant to paragraph (8)(b), that will be

30  made available for each school for that school year.

31

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001              CS/HB 303

    603-156B-01






  1         (b)1.  Upon notification of the number of students

  2  whose parents have opted to request initial S.C.R.I.P.T.

  3  grants, the department shall transfer from General Revenue

  4  funds appropriated to the school district the total amount of

  5  annual $3,000 grants for the district's students from the

  6  Florida Education Finance Program to a separate account for

  7  the disbursement of the initial S.C.R.I.P.T. grants.

  8         2.  The Department of Education shall, in its annual

  9  budget, provide for S.C.R.I.P.T. grants for parents who wish

10  their children to continue participation in the S.C.R.I.P.T.

11  grants program beyond the initial year of participation.

12         (c)  The Department of Education shall administer the

13  S.C.R.I.P.T. grants program and may adopt rules pursuant to

14  ss. 120.536(1) and 120.54 to implement the provisions of this

15  section. However, the inclusion of eligible private schools

16  within options available to Florida public school students

17  does not expand the regulatory authority of the state, its

18  officers, or any school district to impose any additional

19  regulation of private schools beyond those reasonably

20  necessary to enforce requirements expressly set forth in this

21  section.

22         Section 2.  This act shall take effect upon becoming a

23  law.

24

25

26

27

28

29

30

31

                                  8

CODING: Words stricken are deletions; words underlined are additions.