HB 1411 2003
1	A bill to be entitled
2	An act relating to relief from overcrowded schools;
3	creating s. 1013.215, F.S.; establishing the S.C.R.I.P.T.
4	grants program for school overcrowding relief; providing a
5	popular name; providing findings, intent, and purposes;
6	providing a definition; providing school district, parent,
7	and Department of Education obligations; providing private
8	school eligibility requirements; providing for the initial
9	award, renewal, and disbursement of S.C.R.I.P.T. grants;
10	limiting the liability of the state relating to the award
11	or use of a S.C.R.I.P.T. grant; providing an effective
12	date.
13
14	WHEREAS, the State of Florida is among national leaders in
15	providing state funding for K-12 public educational facilities,
16	and has provided an infusion of several billions of dollars of
17	state funds for K-12 public educational facilities since the
18	November 1997 Special Legislative Session on School
19	Overcrowding, and
20	WHEREAS, the people of the State of Florida have expressed
21	their disapproval of school overcrowding by amending the Florida
22	Constitution to place limits on class size, NOW, THEREFORE,
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1. Section 1013.215, Florida Statutes, is created
27	to read:
28	1013.215 S.C.R.I.P.T. grants program for school
29	overcrowding relief.--
30	(1) POPULAR NAME.--This section shall be known by the
31	popular name "The S.C.R.I.P.T. (School Crowding Relief
32	Intervention for Parents and Teachers) Grants Act."
33	(2) FINDINGS, INTENT, AND PURPOSES.--
34	(a) The Legislature finds that school overcrowding results
35	in the use of relocatable facilities, causes lunch to be
36	provided at unacceptable times, leads to an increase in student
37	misbehavior and a decrease in individualized instruction to
38	students, and causes parents great concern.
39	(b) It is the intent of the Legislature that parents of
40	students in overcrowded schools be given the option to enroll
41	their children in a public school within the same district that
42	is not overcrowded, or to receive a S.C.R.I.P.T. grant to allow
43	their children to leave the public school system and attend an
44	eligible private school of the parents' choice for as long as
45	the parents desire, provided the requirements of subsection (9)
46	are met.
47	(c) The purposes of this section are to provide immediate
48	and targeted relief for public school overcrowding, improve
49	classroom conditions for teachers and students, reduce the cost
50	of public education for Florida's taxpayers, foster
51	participation by parents in their children's education, create a
52	beneficial public-private collaboration in K-12 education, and
53	enhance the learning environment for all of Florida's K-12
54	students.
55	(3) DEFINITION.--As used in this section, the term
56	"overcrowded school" means an elementary school, middle/junior
57	high school, high school, or combination school in which:
58	(a) The capital outlay FTE enrollment exceeds 120 percent
59	of the school's permanent student stations; or
60	(b) The school has solely relocatable or modular
61	instructional space and the capital outlay FTE enrollment
62	exceeds 120 percent of the school's permanent food service and
63	multipurpose dining capacity.
64	(4) PARENTAL CHOICE.--Beginning with the 2003-2004 school
65	year and thereafter, the parent of any K-12 student who is
66	enrolled and in attendance during the October and February FTE
67	enrollment counts in a Florida public school that meets the
68	definition of an overcrowded school pursuant to subsection (3)
69	may, for the following school year:
70	(a) Opt to have the student remain in the school in which
71	the student is enrolled;
72	(b) Opt to have the student transferred to another public
73	school within the district that does not meet the definition of
74	an overcrowded school pursuant to subsection (3); or
75	(c) Opt to request, on an annual basis, a S.C.R.I.P.T.
76	grant of $3,000 to assist the parent in paying for the student's
77	attendance at an eligible private school of the parent's choice.
78	(5) SCHOOL DISTRICT OBLIGATIONS.--
79	(a) Each school district shall annually by February 22,
80	for each K-12 student eligible under subsection (4) in a school
81	that meets the definition of an overcrowded school pursuant to
82	subsection (3), notify the parent that the school is overcrowded
83	and provide the parent with the parental choice options for the
84	following school year as provided in subsection (4).
85	(b) Notification shall be published on the school district
86	web site, in area newspapers, and by written notice sent home
87	with the student, and must include a listing of the public
88	schools, including charter schools, within the school district
89	that do not meet the definition of an overcrowded school
90	pursuant to subsection (3).
91	(6) PARENT OBLIGATIONS.--
92	(a) The parent shall notify the school district as to
93	which of the options provided in subsection (4) the parent
94	wishes to choose.
95	1. Failure of the parent to provide notification shall
96	constitute the choice of the option provided by paragraph
97	(4)(a).
98	2. If the parent chooses the option provided by paragraph
99	(4)(b), the parent shall inform the school district by March 31
100	which public school the parent has selected, and the parent
101	shall agree to provide any necessary transportation for the
102	student to the selected public school.
103	3. If the parent chooses the option provided by paragraph
104	(4)(c), the parent must:
105	a. Obtain acceptance for admission of the student to a
106	private school eligible under subsection (7) as soon as
107	possible, and inform the private school that the student will be
108	using a S.C.R.I.P.T. grant; or, if the parent is unable to
109	obtain acceptance for admission or for any reason decides not to
110	participate in the program, notify the school district as soon
111	as possible, so that the option in paragraph (4)(c) can be made
112	available to another parent.
113	b. Notify the Department of Education by July 1 of the
114	parent's request for a S.C.R.I.P.T. grant and the name and
115	address of the selected private school.
116	c. Agree to provide transportation for the student to the
117	private school if necessary.
118	d. Agree to pay any costs associated with the student's
119	attendance at the private school that exceed the annual amount
120	of the S.C.R.I.P.T. grant.
121	e. Agree that the education provided by the private school
122	selected shall satisfy the student's full need for educational
123	services from the student's school.
124	(b) After the first year of the student's attending a
125	private school under the S.C.R.I.P.T. grants program, the parent
126	must annually notify the Department of Education no later than
127	July 1 if the parent intends to renew the grant according to the
128	provisions of subsection (9) in order for the student to
129	continue in the program, together with the name and address of
130	the private school selected for the student for the following
131	school year.
132	(7) PRIVATE SCHOOL ELIGIBILITY.--Eligibility of a private
133	school shall be determined by the parental oversight and
134	accountability requirements that, coupled with the exercise of
135	parental choice, are reasonably necessary to secure the
136	educational public purpose. To be eligible to participate in the
137	S.C.R.I.P.T. grants program, a private school must be a Florida
138	private school, may be sectarian or nonsectarian, and must:
139	(a) Demonstrate fiscal soundness by being in operation for
140	1 school year or provide the Department of Education with a
141	statement by a certified public accountant confirming that the
142	private school desiring to participate is insured and the owner
143	or owners have sufficient capital or credit to operate the
144	school for the upcoming year serving the number of students
145	anticipated with expected revenues from tuition and other
146	sources that may be reasonably expected. In lieu of such a
147	statement, a surety bond or letter of credit for the amount
148	equal to the S.C.R.I.P.T. grants funds for any school year may
149	be filed with the department.
150	(b) Notify the Department of Education and the school
151	district in the service area in which the school is located of
152	its intent to participate in the program under this section as
153	early as possible, but no later than July 1 preceding the school
154	year in which it intends to participate. The notice shall
155	specify the grade levels and services that the private school
156	has available for the S.C.R.I.P.T. grants program.
157	(c) Comply with the antidiscrimination provisions of 42
158	U.S.C. s. 2000d.
159	(d) Meet state and local health and safety laws and codes.
160	(e) Comply with all state statutes applicable to the
161	general regulation of private schools.
162	(f) If a S.C.R.I.P.T. grant student's parent so requests,
163	coordinate with the local school district the locations and
164	times for the student to take all statewide assessments pursuant
165	to s. 1008.22.
166	(8) INITIAL S.C.R.I.P.T. GRANTS.--
167	(a) Initial S.C.R.I.P.T. grants shall be offered on a
168	first-come, first-served basis to parents who are eligible to
169	exercise the parental choice options provided in subsection (4).
170	(b) The number of initial S.C.R.I.P.T. grants to be
171	awarded shall be determined annually by the Department of
172	Education by February 7, based upon the capital outlay FTE
173	enrollment as determined by the October count and the Florida
174	Inventory of School Houses permanent student stations or
175	permanent food service and multipurpose dining capacity, as
176	appropriate, as of November 1, and capped at the number that
177	would reduce the applicable percentage of capital outlay FTE
178	enrollment specified in subsection (3) to 100 percent.
179	(9) S.C.R.I.P.T. GRANT RENEWAL.--For purposes of
180	educational continuity and parental choice, a S.C.R.I.P.T.
181	grant, once awarded, shall be renewable for as long as the
182	parent is a Florida resident who opts for continuation of the
183	grant for the student and the student lawfully attends an
184	eligible private school, through grade 12. The S.C.R.I.P.T.
185	grant may be transferred from one eligible private school to
186	another upon the school's acceptance of the student and the
187	parent's provision of adequate notice to the Department of
188	Education. A parent may, however, at any time opt to return the
189	student to public school.
190	(10) S.C.R.I.P.T. GRANT DISBURSEMENT.--Upon proper
191	documentation reviewed and approved by the Department of
192	Education, the Chief Financial Officer shall make S.C.R.I.P.T.
193	grant payments in four equal amounts no later than September 1,
194	November 1, February 1, and April 1 of each academic year. The
195	initial payment shall be made after Department of Education
196	verification of admission acceptance, and subsequent payments
197	shall be made upon verification of the student's continued
198	enrollment and attendance at the private school. Payment must be
199	by individual warrant made payable to the student's parent and
200	mailed by the Department of Education to the private school of
201	the parent's choice, and the parent shall restrictively endorse
202	the warrant to the private school.
203	(11) LIABILITY.--No liability shall arise on the part of
204	the state based on the award or use of any S.C.R.I.P.T. grant.
205	(12) DEPARTMENT OF EDUCATION OBLIGATIONS.--
206	(a) The Department of Education shall annually calculate
207	and publicize the number of initial S.C.R.I.P.T. grants,
208	determined pursuant to paragraph (8)(b), that will be made
209	available for each school for that school year.
210	(b)1. Upon notification of the number of students whose
211	parents have opted to request initial S.C.R.I.P.T. grants, the
212	department shall transfer from general revenue funds
213	appropriated to the school district the total amount of annual
214	$3,000 grants for the school district's students from the
215	Florida Education Finance Program to a separate account for the
216	disbursement of the initial S.C.R.I.P.T. grants.
217	2. The Department of Education shall, in its annual
218	budget, provide for S.C.R.I.P.T. grants for parents who wish
219	their children to continue participation in the S.C.R.I.P.T.
220	grants program beyond the initial year of participation.
221	(c) The Department of Education shall administer the
222	S.C.R.I.P.T. grants program and may adopt rules pursuant to ss.
223	120.536(1) and 120.54 to implement the provisions of this
224	section. However, the inclusion of eligible private schools
225	within options available to Florida public school students does
226	not expand the regulatory authority of the state, its officers,
227	or any school district to impose any additional regulation of
228	private schools beyond those reasonably necessary to enforce
229	requirements expressly set forth in this section.
230	Section 2. This act shall take effect upon becoming a law.