Senate Bill sb1468

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    Florida Senate - 2003                                  SB 1468

    By Senator Cowin





    20-1207-03                                           See HB 45

  1                      A bill to be entitled

  2         An act relating to the Constitutional

  3         Compliance Assistance Program; creating s.

  4         1002.395, F.S.; establishing the program to

  5         enable students to receive a scholarship to

  6         attend a private school; providing for the

  7         award of a scholarship if the constitutional

  8         mandate for class size is not met; providing

  9         requirements for scholarship eligibility and

10         for private school eligibility; specifying

11         obligations of program participants; providing

12         for calculation and payment of scholarships;

13         providing for transmission of certain funds to

14         school districts; authorizing adoption of rules

15         by the State Board of Education; providing an

16         effective date.

17

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

19

20         Section 1.  Section 1002.395, Florida Statutes, is

21  created to read:

22         1002.395  Constitutional Compliance Assistance

23  Program.--

24         (1)  CONSTITUTIONAL COMPLIANCE ASSISTANCE

25  PROGRAM.--There is established the Constitutional Compliance

26  Assistance Program (C-CAP) to assist parents in exercising on

27  a voluntary basis the option to enroll their children in an

28  educational institution other than a public school. A student

29  participating in the program shall receive a Constitutional

30  Compliance Assistance Program Scholarship (C-CAP Scholarship)

31  to attend an eligible private school in grades 1-12.

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    Florida Senate - 2003                                  SB 1468
    20-1207-03                                           See HB 45




  1         (2)  C-CAP SCHOLARSHIP ELIGIBILITY.--A public school

  2  student's parent may request and receive from the state a

  3  C-CAP Scholarship for the student to enroll in and attend a

  4  private school in accordance with the provisions of this

  5  section if all of the following conditions are met:

  6         (a)  The school district does not comply with the

  7  student-to-teacher ratio mandate for class size specified in

  8  s. 1, Art. IX of the State Constitution in the school

  9  attendance area to which the student is assigned.

10         (b)  By assigned school attendance area or by special

11  assignment, the student has spent the prior school year in

12  attendance at a Florida public school. Prior school year in

13  attendance means that the student was enrolled and reported by

14  the school district for funding during the preceding October

15  and February Florida Education Finance Program surveys.

16         (c)  The parent has obtained acceptance for admission

17  of the student to a private school that is eligible under the

18  program pursuant to subsection (3) and has notified the school

19  district of the request for a scholarship at least 60 days

20  prior to the date of the first scholarship payment. The

21  parental notification must be through a communication directly

22  to the school district or through the Department of Education

23  to the school district in a manner that creates a written or

24  electronic record of the notification and the date of the

25  receipt of the notification.

26

27  This section does not apply to a student who is enrolled in a

28  school operating for the purpose of providing educational

29  services to youth in Department of Juvenile Justice commitment

30  programs. For purposes of continuity of educational choice, a

31  C-CAP Scholarship shall remain in force until a student

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    Florida Senate - 2003                                  SB 1468
    20-1207-03                                           See HB 45




  1  returns to a public school or graduates from high school.

  2  However, at any time, a student's parent may remove the

  3  student from the private school and enroll the student in

  4  another private school that is eligible under the program

  5  pursuant to subsection (3) or in the public school in the

  6  assigned school attendance area once the school district

  7  complies with the student-to-teacher ratio mandate for class

  8  size specified in s.1, Art. IX of the State Constitution in

  9  such attendance area.

10         (3)  PRIVATE SCHOOL ELIGIBILITY.--To be eligible to

11  participate in the Constitutional Compliance Assistance

12  Program, a private school must be a Florida private school,

13  may be sectarian or nonsectarian, and must:

14         (a)  Demonstrate fiscal soundness by being in operation

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

16  a statement by a certified public accountant confirming that

17  the private school desiring to participate is insured and the

18  owner or owners have sufficient capital or credit to operate

19  the school for the upcoming year serving the number of

20  students anticipated with expected revenues from tuition and

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

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

23  equal to the scholarship funds for any quarter may be filed

24  with the Department of Education.

25         (b)  Notify the Department of Education of its intent

26  to participate in the program under this section. The notice

27  must specify the grade levels and services that the private

28  school has available for students who are participating in the

29  scholarship program.

30         (c)  Comply with the antidiscrimination provisions of

31  42 U.S.C. s. 2000d.

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    Florida Senate - 2003                                  SB 1468
    20-1207-03                                           See HB 45




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

  2  codes.

  3         (e)  Be academically accountable to the parent for

  4  meeting the educational needs of the student.

  5         (f)  Employ or contract with teachers who hold

  6  baccalaureate or higher degrees, or have at least 3 years of

  7  teaching experience in public or private schools, or have

  8  special skills, knowledge, or expertise that qualifies them to

  9  provide instruction in subjects taught.

10         (g)  Comply with all state laws relating to general

11  regulation of private schools.

12         (h)  Adhere to the tenets of its published disciplinary

13  procedures prior to the expulsion of a scholarship student.

14         (4)  OBLIGATION OF PROGRAM PARTICIPANTS.--

15         (a)  A parent who applies for a C-CAP Scholarship is

16  exercising his or her parental option to place his or her

17  child in a private school. The parent must select the private

18  school and apply for the admission of his or her child.

19         (b)  The parent must have requested the scholarship at

20  least 60 days prior to the date of the first scholarship

21  payment.

22         (c)  Any student participating in the scholarship

23  program must remain in attendance throughout the school year,

24  unless excused by the school for illness or other good cause,

25  and must comply fully with the school's code of conduct.

26         (d)  The parent of each student participating in the

27  scholarship program must comply fully with the private

28  school's parental involvement requirements, unless excused by

29  the school for illness or other good cause.

30         (e)  If the parent requests that the student

31  participating in the scholarship program take all statewide

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    Florida Senate - 2003                                  SB 1468
    20-1207-03                                           See HB 45




  1  assessments required pursuant to s. 1008.22, the parent is

  2  responsible for transporting the student to the assessment

  3  site designated by the school district.

  4         (f)  Upon receipt of a scholarship warrant, the parent

  5  to whom the warrant is made payable must restrictively endorse

  6  the warrant to the private school for deposit into the account

  7  of the private school.

  8         (g)  A participant who fails to comply with this

  9  subsection forfeits the scholarship.

10         (5)  SCHOLARSHIP FUNDING AND PAYMENT.--

11         (a)  The C-CAP Scholarship granted to an eligible

12  student shall be a calculated amount equivalent to 60 percent

13  of the following:  the base student allocation in the Florida

14  Education Finance Program multiplied by the appropriate cost

15  factor for the educational program that would have been

16  provided for the student in the district school to which he or

17  she was assigned, multiplied by the district cost

18  differential. In addition, the calculated amount shall include

19  60 percent of the per-student share of supplemental academic

20  instruction funds, instructional materials funds, technology

21  funds, and other categorical funds as provided for such

22  purposes in the General Appropriations Act.

23         (b)  The amount of the C-CAP Scholarship shall be the

24  calculated amount pursuant to paragraph (a) or the amount of

25  the private school's tuition and fees, whichever is less. The

26  amount of any assessment fee required by the participating

27  private school may be paid from the total amount of the

28  scholarship.

29         (c)  If the participating private school requires

30  partial payment of tuition prior to the start of the academic

31  year to reserve space for students admitted to the school,

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    Florida Senate - 2003                                  SB 1468
    20-1207-03                                           See HB 45




  1  that partial payment may be paid by the Department of

  2  Education prior to the first quarterly payment of the year in

  3  which the C-CAP Scholarship is awarded, up to a maximum of

  4  $1,000, and deducted from subsequent scholarship payments. If

  5  a student decides not to attend the participating private

  6  school, the partial reservation payment must be returned to

  7  the Department of Education by the participating private

  8  school. There is a limit of one reservation payment per

  9  student per year.

10         (d)  The school district shall report all students who

11  are attending a private school under this program. The

12  students attending private schools on C-CAP Scholarships shall

13  be reported separately from other students reported for

14  purposes of the Florida Education Finance Program.

15         (e)  Following notification on July 1, September 1,

16  December 1, or February 1 of the number of program

17  participants, the Department of Education shall transfer, from

18  General Revenue funds only, the amount calculated under

19  paragraph (b) from the school district's total funding

20  entitlement under the Florida Education Finance Program and

21  from authorized categorical accounts to a separate account for

22  the scholarship program for quarterly disbursement to the

23  parents of participating students. Per-student funds in excess

24  of per-student C-CAP Scholarship awards shall be retained by

25  the Department of Education for priority educational needs.

26  However, the Department of Education shall annually transmit

27  $400 of such excess per-student funds to a school district for

28  each student who receives a C-CAP Scholarship to be used by

29  the school district to meet student needs. When a student

30  enters the scholarship program, the Department of Education

31  must receive all documentation required for the student's

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    Florida Senate - 2003                                  SB 1468
    20-1207-03                                           See HB 45




  1  participation, including the private school's and student's

  2  fee schedules, at least 30 days before the first quarterly

  3  scholarship payment is made for the student. The Department of

  4  Education may not make any retroactive payments.

  5         (f)  Upon proper documentation reviewed and approved by

  6  the Department of Education, the Comptroller shall make

  7  scholarship payments in four equal amounts no later than

  8  September 1, November 1, February 1, and April 15 of each

  9  academic year in which the scholarship is in force. The

10  initial payment shall be made after Department of Education

11  verification of admission acceptance, and subsequent payments

12  shall be made upon verification of continued enrollment and

13  attendance at the private school. Payment must be by

14  individual warrant made payable to the student's parent and

15  mailed by the Department of Education to the private school of

16  the parent's choice, and the parent shall restrictively

17  endorse the warrant to the private school for deposit into the

18  account of the private school.

19         (6)  LIABILITY.--No liability shall arise on the part

20  of the state based on the award or use of a C-CAP Scholarship.

21         (7)  RULES.--The State Board of Education may adopt

22  rules pursuant to ss. 120.536(1) and 120.54 to administer this

23  section. However, the inclusion of eligible private schools

24  within options available to Florida public school students

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

26  officers, or any school district to impose any additional

27  regulation of private schools beyond those reasonably

28  necessary to enforce requirements expressly set forth in this

29  section.

30         Section 2.  This act shall take effect July 1, 2003.

31

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