Senate Bill sb2220

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    Florida Senate - 2003                                  SB 2220

    By Senator Fasano





    11-1014-03

  1                      A bill to be entitled

  2         An act relating to the John M. McKay

  3         Scholarships for Students with Disabilities

  4         Program; amending s. 1002.39, F.S.; amending

  5         eligibility standards; amending provisions

  6         relating to the level of funding for a

  7         scholarship recipient; providing an effective

  8         date.

  9  

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

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12         Section 1.  Subsection (2) and paragraph (a) of

13  subsection (6) of section 1002.39, Florida Statutes, are

14  amended to read:

15         1002.39  The John M. McKay Scholarships for Students

16  with Disabilities Program.--There is established a program

17  that is separate and distinct from the Opportunity Scholarship

18  Program and is named the John M. McKay Scholarships for

19  Students with Disabilities Program, pursuant to this section.

20         (2)  SCHOLARSHIP ELIGIBILITY.--The parent of a public

21  school student with a disability who is dissatisfied with the

22  student's progress may request and receive from the state a

23  John M. McKay Scholarship for the child to enroll in and

24  attend a private school in accordance with this section if:

25         (a)  By assigned school attendance area or by special

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

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

28  attendance means that the student was enrolled and reported by

29  a school district for funding during the preceding October and

30  February Florida Education Finance Program surveys in

31  kindergarten through grade 12.

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    Florida Senate - 2003                                  SB 2220
    11-1014-03




 1         (b)  The parent has obtained acceptance for admission

 2  of the student to a private school that is eligible for the

 3  program under subsection (4) and has notified the school

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

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

 6  parental notification must be through a communication directly

 7  to the district or through the Department of Education to the

 8  district in a manner that creates a written or electronic

 9  record of the notification and the date of receipt of the

10  notification.

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

13  school operating for the purpose of providing educational

14  services to youth in Department of Juvenile Justice commitment

15  programs. For purposes of continuity of educational choice,

16  the scholarship shall remain in force until the student

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

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

19  student from the private school and place the student in

20  another private school that is eligible for the program under

21  subsection (4) or in a public school as provided in subsection

22  (3). If a student has left a private school that he or she was

23  attending while receiving a McKay Scholarship and has entered

24  a public school, that student is ineligible to transfer to a

25  private school and receive a McKay Scholarship for the

26  remainder of the school year.

27         (6)  SCHOLARSHIP FUNDING AND PAYMENT.--

28         (a)1.  The maximum scholarship granted for an eligible

29  student with disabilities shall be a calculated amount

30  equivalent to the base student allocation in the Florida

31  Education Finance Program multiplied by the appropriate cost

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    Florida Senate - 2003                                  SB 2220
    11-1014-03




 1  factor for the educational program that would have been

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

 3  she was assigned, multiplied by the district cost

 4  differential. The level of funding for a student who is

 5  receiving a McKay Scholarship may not increase without the

 6  agreement of the school district from which funding is being

 7  deducted; moreover, the level of funding for such a student

 8  may not exceed the revenue that would be received by the

 9  school district for a student who is eligible for, but is not

10  receiving, a McKay Scholarship.

11         2.  In addition, a share of the guaranteed allocation

12  for exceptional students shall be determined and added to the

13  calculated amount.  The calculation shall be based on the

14  methodology and the data used to calculate the guaranteed

15  allocation for exceptional students for each district in

16  chapter 2000-166, Laws of Florida.  Except as provided in

17  subparagraph 3., the calculation shall be based on the

18  student's grade, matrix level of services, and the difference

19  between the 2000-2001 basic program and the appropriate level

20  of services cost factor, multiplied by the 2000-2001 base

21  student allocation and the 2000-2001 district cost

22  differential for the sending district.  Also, the calculated

23  amount shall include the per-student share of supplemental

24  academic instruction funds, instructional materials funds,

25  technology funds, and other categorical funds as provided for

26  such purposes in the General Appropriations Act.

27         3.  Until the school district completes the matrix

28  required by paragraph (3)(b), the calculation shall be based

29  on the matrix that assigns the student to support level I of

30  service as it existed prior to the 2000-2001 school year.

31  

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    Florida Senate - 2003                                  SB 2220
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 1  When the school district completes the matrix, the amount of

 2  the payment shall be adjusted as needed.

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

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 6                          SENATE SUMMARY

 7    Amends guidelines relating to John M. McKay Scholarships
      for Students with Disabilities.
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