Senate Bill sb0504

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    Florida Senate - 2001                                   SB 504

    By Senator Diaz de la Portilla





    34-644-01                                           See HB 303

  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

20         WHEREAS, despite an infusion of several billions of

21  dollars of state funds for K-12 public educational facilities

22  since the October 1997 Special Legislative Session on School

23  Overcrowding, some school districts continue to have

24  overcrowded schools and cite a lack of adequate funds for

25  school facilities, NOW, THEREFORE,

26

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

28

29         Section 1.  Section 235.063, Florida Statutes, is

30  created to read:

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    Florida Senate - 2001                                   SB 504
    34-644-01                                           See HB 303




  1         235.063  S.C.R.I.P.T. grants program for school

  2  overcrowding relief.--

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

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

  5  and Teachers) Grants Act."

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

  7         (a)  The Legislature finds that school overcrowding

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

  9  be provided at unacceptable times, reduces the amount of time

10  teachers are able to devote to teaching and to individual

11  students, and causes parents great concern.

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

13  of students in overcrowded schools be given the option to

14  enroll their children in a public school within the same

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

16  grant to allow their children to leave the public school

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

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

19  requirements of subsection (9) are met.

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

21  immediate and targeted relief for public school overcrowding,

22  improve classroom conditions for teachers and students, reduce

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

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

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

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

27  students.

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

29  "overcrowded school" means a school:

30

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    Florida Senate - 2001                                   SB 504
    34-644-01                                           See HB 303




  1         (a)  The capital outlay FTE enrollment of which exceeds

  2  120 percent of the space and occupant design capacity of its

  3  nonrelocatable facilities; or

  4         (b)  The initial design of which incorporated

  5  relocatable or modular instructional space and the capital

  6  outlay FTE enrollment of which exceeds 120 percent of the

  7  space and occupant design capacity of its core facilities.

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

  9  school year, the parent of any K-12 student who is enrolled in

10  a Florida public school that meets the definition of an

11  overcrowded school pursuant to subsection (3) may, within the

12  first 30 days of the student's attendance:

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

14  which the student is enrolled;

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

16  public school within the district that does not meet the

17  definition of an overcrowded school pursuant to subsection

18  (3); or

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

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

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

22  parent's choice.

23         (5)  SCHOOL DISTRICT OBLIGATIONS.--

24         (a)  Each school district shall annually, for each K-12

25  student enrolled in a school that meets the definition of an

26  overcrowded school pursuant to subsection (3), within one week

27  of the student's enrollment, notify the parent that the school

28  is overcrowded and provide the parent with the parental choice

29  options provided in subsection (4). Notification must include

30  a listing of the public schools, including charter schools,

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    Florida Senate - 2001                                   SB 504
    34-644-01                                           See HB 303




  1  within the district that do not meet the definition of an

  2  overcrowded school pursuant to subsection (3).

  3         (b)  Upon receiving the notification required in

  4  subsection (6) as to which parental choice option the parents

  5  wish to exercise, the school district shall notify the

  6  Department of Education of the number of students whose

  7  parents have opted to request initial S.C.R.I.P.T. grants.

  8         (c)  The school district shall identify, in the

  9  Department of Education student database, all students who are

10  in their first year of attending a private school under this

11  program separately from those students reported for purposes

12  of the Florida Education Finance Program.

13         (6)  PARENT OBLIGATIONS.--

14         (a)  Within three weeks after receiving notification

15  from the school district pursuant to subsection (5), the

16  parent shall notify the school district as to which of the

17  options provided in subsection (4) the parent wishes to

18  choose.

19         1.  Failure of the parent to provide notification shall

20  constitute the choice of the option provided by paragraph

21  (4)(a).

22         2.  If the parent chooses the option provided by

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

24  which public school the parent has selected, and the parent

25  shall agree to provide any necessary transportation for the

26  student to the chosen public school.

27         3.  If the parent chooses the option provided by

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

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

30  private school eligible under subsection (7).

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    Florida Senate - 2001                                   SB 504
    34-644-01                                           See HB 303




  1         b.  Notify the Department of Education of the parent's

  2  request for a S.C.R.I.P.T. grant and the name and address of

  3  the selected private school.

  4         c.  Agree to provide transportation for the student to

  5  the private school if necessary.

  6         d.  Agree to pay any costs associated with the

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

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

  9         e.  Agree that the education provided by the private

10  school chosen shall satisfy the student's full need for

11  educational services.

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

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

14  parent must annually notify the Department of Education no

15  later than July 1 of the parent's intent to renew the grant

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

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

18  address of the private school chosen for the student for the

19  following school year.

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

21  private school shall be determined by the oversight and

22  accountability requirements that, coupled with the exercise of

23  parental choice, are reasonably necessary to secure the

24  educational public purpose. To be eligible to participate in

25  the S.C.R.I.P.T. grants program, a private school must be a

26  Florida private school, may be sectarian or nonsectarian, and

27  must:

28         (a)  Demonstrate fiscal soundness by being in operation

29  for one school year or provide the Department of Education

30  with a statement by a certified public accountant confirming

31  that the private school desiring to participate is insured and

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    Florida Senate - 2001                                   SB 504
    34-644-01                                           See HB 303




  1  the owner or owners have sufficient capital or credit to

  2  operate the school for the upcoming year serving the number of

  3  students anticipated with expected revenues from tuition and

  4  other sources which may reasonably be expected. In lieu of

  5  such a statement, a surety bond or letter of credit for the

  6  amount equal to the S.C.R.I.P.T. grants funds for any school

  7  year may be filed with the department.

  8         (b)  Except for the first year of implementation,

  9  notify the Department of Education and the school district in

10  the service area of which the school is located of its intent

11  to participate in the program under this section by July 1

12  preceding the school year in which it intends to participate.

13  The notice shall specify the grade levels and services that

14  the private school has available for the S.C.R.I.P.T. grants

15  program.

16         (c)  Comply with the antidiscrimination provisions of

17  42 U.S.C. s. 2000d.

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

19  codes.

20         (f)  Comply with all state statutes applicable to the

21  general regulation of private schools.

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

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

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

25  exercise the parental choice options provided in subsection

26  (4).

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

28  awarded shall be determined annually by the Department of

29  Education and capped at the number that would reduce the

30  applicable percentage of capital outlay FTE enrollment

31  specified in subsection (3) to 100 percent.

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    Florida Senate - 2001                                   SB 504
    34-644-01                                           See HB 303




  1         (c)  If the number of students for whom parents timely

  2  seek initial S.C.R.I.P.T. grants in any school year from any

  3  school exceeds the cap calculated for that school during that

  4  school year by the Department of Education pursuant to

  5  subsection (12), the initial S.C.R.I.P.T. grants for that

  6  school during that school year shall be awarded by lottery.

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

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

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

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

11  grant for the student and the student lawfully attends an

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

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

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

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

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

17  opt to return the student to public school.

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

19  documentation reviewed and approved by the Department of

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

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

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

23  initial payment shall be made after Department of Education

24  verification of admission acceptance, and subsequent payments

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

26  enrollment and attendance at the private school. Payment must

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

28  and mailed by the Department of Education to the private

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

30  restrictively endorse the warrant to the private school.

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    Florida Senate - 2001                                   SB 504
    34-644-01                                           See HB 303




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

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

  3  grant.

  4         (12)  DEPARTMENT OF EDUCATION OBLIGATIONS.--

  5         (a)1.  The Department of Education shall annually,

  6  based on data reported by the school districts in the Florida

  7  Inventory of School Houses, publicize the schools in each

  8  school district that meet the definition of an overcrowded

  9  school pursuant to subsection (3) and shall calculate the

10  number of initial S.C.R.I.P.T. grants that will be made

11  available for each such school for that school year.

12         2.  The department shall provide the superintendents

13  and school board chairs of each school district with the

14  information applicable to that district at least two weeks

15  prior to the beginning of each school year for that district.

16         (b)1.  Upon notification by the school district of the

17  number of students whose parents have opted to request initial

18  S.C.R.I.P.T. grants, the department shall transfer from the

19  school district's appropriated funds the total amount of

20  annual $3,000 grants for the district's students, up to the

21  amount of the cap established according to this subsection,

22  from the Florida Education Finance Program to a separate

23  account for the disbursement of the initial S.C.R.I.P.T.

24  grants.

25         2.  The Department of Education shall provide in its

26  annual budget for S.C.R.I.P.T. grants for parents who wish

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

28  grants program beyond the initial year of participation.

29         (c)  The Department of Education shall administer the

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

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

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    Florida Senate - 2001                                   SB 504
    34-644-01                                           See HB 303




  1  section. However, the inclusion of eligible private schools

  2  within options available to Florida public school students

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

  4  officers, or any school district to impose any additional

  5  regulation of private schools beyond those reasonably

  6  necessary to enforce requirements expressly set forth in this

  7  section.

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

  9  law.

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11            *****************************************

12                       LEGISLATIVE SUMMARY

13
      Establishes the "S.C.R.I.P.T. (School Crowding Relief
14    Intervention for Parents and Teachers) Grants Act."
      Provides a short title, findings, intent, and purposes of
15    the act. Defines the term "overcrowded school" for
      purposes of the act. Provides school district, parent,
16    and Department of Education obligations relating to the
      program. Provides private school eligibility
17    requirements. Provides for the initial award, renewal,
      and disbursement of S.C.R.I.P.T. grants. Limits the
18    liability of the state relating to the award or use of a
      S.C.R.I.P.T. grant.
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