HB 0213 2003
1	A bill to be entitled
2	An act relating to the Reduce Class Size Scholarship
3	Opportunity Program; creating s. 1002.395, F.S.;
4	establishing the program to enable students to receive a
5	scholarship to attend a private school and to provide
6	future dollars to school districts to achieve reduced
7	class sizes; providing for the award of a scholarship if
8	the assigned public school and classroom is overcrowded;
9	providing requirements for scholarship eligibility and for
10	private school eligibility; specifying obligations of
11	school districts and program participants; providing
12	school district choice with respect to transportation of
13	students; providing for calculation and payment of
14	scholarships; providing requirements for funds received by
15	school districts; providing that regulation of private
16	schools is not expanded; providing an 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 created
21	to read:
22	1002.395 Reduce Class Size Scholarship Opportunity
23	Program.--
24	(1) REDUCE CLASS SIZE SCHOLARSHIP OPPORTUNITY PROGRAM.--
25	There is established the Reduce Class Size Scholarship
26	Opportunity Program (RCSSOP) to fulfill the class size reduction
27	mandate specified in s. 1, Art. IX of the State Constitution
28	while providing an educational environment to improve student
29	performance without overburdening Florida’s financial security.
30	The RCSSOP expands the state’s school choice program to eligible
31	students attending overcrowded schools by providing scholarships
32	to such students to attend private schools that meet acceptable
33	standards and, at the same time, provides future dollars to
34	school districts to take an active role in achieving reduced
35	class sizes.
36	(2) SCHOLARSHIP ELIGIBILITY.--The parent of a public
37	school student whose assigned school and classroom is
38	overcrowded, according to the definition of an overcrowded
39	school and classroom established by the school district, is
40	eligible to participate in the RCSSOP. The school district’s
41	definition must adhere to the requirement of reducing the number
42	of classroom students on a yearly basis in order to meet the
43	mandated student-to-teacher ratio timeline established in s. 1,
44	Art. IX of the State Constitution. A student may receive a
45	Reduce Class Size Scholarship Opportunity Program Scholarship
46	(RCSSOP Scholarship) if the following conditions are met:
47	(a) The student is offered a scholarship based on a
48	prioritized list of eligible students that begins with the
49	student who would benefit most from a smaller class size
50	learning environment. Such list shall be compiled by the
51	assigned in-school administrator and the classroom teacher of
52	the locally defined overcrowded classroom.
53	(b) The assigned in-school administrator has given notice
54	to the appropriate school district representative who has
55	reviewed and confirmed that the student is eligible for an
56	RCSSOP Scholarship and has notified the parents of the eligible
57	student.
58	(c) The parent has obtained acceptance for admission of
59	the student to a private school that is eligible for the program
60	and has notified the school district of the request for a RCSSOP
61	Scholarship at least 60 days prior to the date of the first
62	scholarship payment. Notification must be through a
63	communication directly to the school district or through the
64	Department of Education in a manner that creates a written or
65	electronic record of the notification and the date of the
66	notification of the request for a scholarship.
67
68	For purposes of continuity of educational choice, a RCSSOP
69	Scholarship may remain in effect until a student graduates from
70	high school.
71	(3) PRIVATE SCHOOL ELIGIBILITY.--To be eligible to
72	participate in the RCSSOP, a private school must be located in
73	Florida, may be sectarian or nonsectarian, and must:
74	(a) Offer an education program to students in any grade K-
75	12.
76	(b) Demonstrate fiscal soundness by being in operation for
77	1 school year or by providing the Department of Education with a
78	statement by a certified public accountant confirming that the
79	school is insured and has sufficient capital or credit to
80	operate for the upcoming year. In lieu of such a statement, the
81	school may secure a surety bond or letter of credit equal to the
82	scholarship funds for any quarter, to be filed with the
83	Department of Education.
84	(c) Notify the Department of Education and the school
85	district of its intent to participate in the program. The notice
86	must specify the grade levels and services that the private
87	school has available for the students being accepted.
88	(d) Meet state and local health and safety laws and codes.
89	(e) Comply with any antidiscrimination provisions of 42
90	U.S.C. s. 200d that prohibit discrimination based on race,
91	color, religion, or national origin.
92	(f) Be academically accountable to the parent for meeting
93	the educational needs of the student.
94	(g) Employ or contract with teachers who meet one or more
95	of the following criteria:
96	1. Hold a baccalaureate or higher degree.
97	2. Have at least 5 years of teaching experience in public
98	and/or private schools.
99	3. Have special skills, knowledge, or expertise in
100	subjects taught.
101	(h) Comply with statutes relating to private schools.
102	(i) Adhere to the tenets of its published disciplinary
103	procedures prior to the expulsion of any RCSSOP student.
104	(j) Be subject to the instruction, curriculum, and
105	attendance criteria adopted by an appropriate nonpublic school
106	accrediting body.
107	(k) Agree not to compel any RCSSOP student attending the
108	private school to profess a specific ideological belief or to
109	pray or to worship.
110	(l) Furnish a school profile that includes student
111	performance.
112	(m) Accept as full tuition and fees the amount of the
113	RCSSOP Scholarship. Any amount received above full tuition and
114	fees must be returned to the school district.
115
116	Participation in the RCSSOP is open to any private school that
117	wishes to participate if it meets the eligibility criteria.
118	However, no private school is required to participate in the
119	RCSSOP.
120	(4) OBLIGATION OF SCHOOL DISTRICTS.--A school district
121	must:
122	(a) Publicly define an overcrowded school and classroom,
123	including calculations that meet class size requirements
124	specified in s. 1, Art. IX of the State Constitution.
125	(b) Make every possible effort to reduce school and
126	classroom overcrowding in order to meet the constitutional class
127	size student-to-teacher ratio mandate, including, but not
128	limited to: realigning the school district to provide the
129	availability of student work stations; providing scheduling
130	alternatives; and revising duty and personnel assignments.
131	(c) Give timely notification to the parents of students
132	eligible for an RCSSOP Scholarship.
133	(d) Notify the Department of Education within 10 days
134	after the school district receives notice of a parent’s intent
135	to apply for a RCSSOP Scholarship.
136	(e) Provide information needed to place a student in the
137	proper classification or programs in the private school that
138	will result in the student’s academic improvement.
139	(f) Provide locations and times for all students
140	participating in the RCSSOP to take all required state
141	assessments.
142	(5) OBLIGATION OF PROGRAM PARTICIPANTS.--Students and
143	their parents must comply with the following requirements to
144	retain a RCSSOP Scholarship:
145	(a) A student must remain in attendance throughout the
146	school year, unless excused for illness or good cause.
147	(b) A student must comply fully with the private school’s
148	code of conduct.
149	(c) A parent must comply fully with the private school’s
150	parental involvement requirements, unless excused for illness or
151	good cause.
152	(d) A parent must ensure that the student takes all
153	required state assessments.
154	(6) TRANSPORTATION OF STUDENTS.--Responsibility for
155	student transportation may vary from school district to school
156	district depending on the option chosen by the school district.
157	If a school district chooses to include state categorical funds
158	for student transportation in the calculation formula for RCSSOP
159	Scholarship recipients, each recipient shall be responsible for
160	providing transportation. If a school district chooses not to
161	include state categorical funds for student transportation in
162	the calculation formula for RCSSOP Scholarship recipients, the
163	school district shall be responsible for providing
164	transportation. A school district must notify the public of its
165	decision with respect to transportation responsibility.
166	(7) SCHOLARSHIP FUNDING AND PAYMENT.--
167	(a) The actual amount of a RCSSOP Scholarship may vary
168	from school district to school district. A RCSSOP Scholarship
169	shall be a calculated amount equivalent to one-half of the
170	annual per-student allocation from the Florida Education Finance
171	Program to a school district plus any allowable federal funds
172	associated with the student. If a school district chooses to
173	retain student transportation responsibility, state categorical
174	funds for student transportation shall not be included in this
175	calculation.
176	(b) Upon proper documentation by the Department of
177	Education, the Chief Financial Officer shall make RCSSOP
178	Scholarship payments in four equal installments no later than
179	September 1, November 1, February 1, and April 1. Payments must
180	be made by individual warrant payable to the student’s parent
181	and mailed by the Department of Education to the chosen private
182	school. The parent must restrictively endorse the warrant to the
183	private school. The Department of Education is responsible for
184	verifying the student’s initial admission acceptance and
185	continued enrollment and attendance at the private school and
186	the eligibility of expenditures.
187	(8) SCHOOL DISTRICT FUNDS.--Funds received by school
188	districts through implementation of the RCSSOP shall be placed
189	in individual trust funds and held by the school districts until
190	2008, at which time they may be fully released for the sole
191	purpose of enabling school districts to fulfill the
192	constitutional mandate for class size reduction. Nothing in this
193	section limits a school district’s ability to take advantage of
194	investment or bonding opportunities as prescribed by law. All
195	uses of these funds and transactions connected therewith shall
196	be publicly noticed on a yearly basis.
197	(9) REGULATION.--The inclusion of eligible private schools
198	within the options available to public school students does not
199	expand the regulatory authority of the state, its officers, or
200	any school district to impose any additional regulation of
201	private schools beyond that necessary to enforce requirements
202	expressly set forth in this section.
203	Section 2. This act shall take effect July 1, 2003.
204