Senate Bill sb2778

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    Florida Senate - 2003                                  SB 2778

    By Senator Haridopolos





    26-2115-03                                         See HB 1411

  1                      A bill to be entitled

  2         An act relating to relief from overcrowded

  3         schools; creating s. 1013.215, F.S.;

  4         establishing the S.C.R.I.P.T. grants program

  5         for school overcrowding relief; providing a

  6         popular name; 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 has provided an infusion of several billions

20  of dollars of state funds for K-12 public educational

21  facilities since the November 1997 Special Legislative Session

22  on School Overcrowding, and

23         WHEREAS, the people of the State of Florida have

24  expressed their disapproval of school overcrowding by amending

25  the Florida Constitution to place limits on class size, NOW,

26  THEREFORE,

27  

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

29  

30         Section 1.  Section 1013.215, Florida Statutes, is

31  created to read:

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    Florida Senate - 2003                                  SB 2778
    26-2115-03                                         See HB 1411




 1         1013.215  S.C.R.I.P.T. grants program for school

 2  overcrowding relief.--

 3         (1)  POPULAR NAME.--This section shall be known by the

 4  popular name "The S.C.R.I.P.T. (School Crowding Relief

 5  Intervention for Parents 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, leads to an increase in

10  student misbehavior and a decrease in individualized

11  instruction to 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 an elementary school, middle/junior

30  high school, high school, or combination school in which:

31  

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    Florida Senate - 2003                                  SB 2778
    26-2115-03                                         See HB 1411




 1         (a)  The capital outlay FTE enrollment exceeds 120

 2  percent of the school's permanent student stations; or

 3         (b)  The school has solely relocatable or modular

 4  instructional space and the capital outlay FTE enrollment

 5  exceeds 120 percent of the school's permanent food service and

 6  multipurpose dining capacity.

 7         (4)  PARENTAL CHOICE.--Beginning with the 2003-2004

 8  school year and thereafter, the parent of any K-12 student who

 9  is enrolled and in attendance during the October and February

10  FTE enrollment counts in a Florida public school that meets

11  the definition of an overcrowded school pursuant to subsection

12  (3) may, for the following school year:

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 by February

25  22, for each K-12 student eligible under subsection (4) in a

26  school that meets the definition of an overcrowded school

27  pursuant to subsection (3), notify the parent that the school

28  is overcrowded and provide the parent with the parental choice

29  options for the following school year as provided in

30  subsection (4).

31  

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    Florida Senate - 2003                                  SB 2778
    26-2115-03                                         See HB 1411




 1         (b)  Notification shall be published on the school

 2  district web site, in area newspapers, and by written notice

 3  sent home with the student, and must include a listing of the

 4  public schools, including charter schools, within the school

 5  district that do not meet the definition of an overcrowded

 6  school pursuant to subsection (3).

 7         (6)  PARENT OBLIGATIONS.--

 8         (a)  The parent shall notify the school district as to

 9  which of the options provided in subsection (4) the parent

10  wishes to choose.

11         1.  Failure of the parent to provide notification shall

12  constitute the choice of the option provided by paragraph

13  (4)(a).

14         2.  If the parent chooses the option provided by

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

16  by March 31 which public school the parent has selected, and

17  the parent shall agree to provide any necessary transportation

18  for the student to the selected public school.

19         3.  If the parent chooses the option provided by

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

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

22  private school eligible under subsection (7) as soon as

23  possible, and inform the private school that the student will

24  be using a S.C.R.I.P.T. grant; or, if the parent is unable to

25  obtain acceptance for admission or for any reason decides not

26  to participate in the program, notify the school district as

27  soon as possible, so that the option in paragraph (4)(c) can

28  be made available to another parent.

29         b.  Notify the Department of Education by July 1 of the

30  parent's request for a S.C.R.I.P.T. grant and the name and

31  address of the selected private school.

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    Florida Senate - 2003                                  SB 2778
    26-2115-03                                         See HB 1411




 1         c.  Agree to provide transportation for the student to

 2  the private school if necessary.

 3         d.  Agree to pay any costs associated with the

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

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

 6         e.  Agree that the education provided by the private

 7  school selected shall satisfy the student's full need for

 8  educational services from the student's school.

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

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

11  parent must annually notify the Department of Education no

12  later than July 1 if the parent intends to renew the grant

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

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

15  address of the private school selected for the student for the

16  following school year.

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

18  private school shall be determined by the parental oversight

19  and accountability requirements that, coupled with the

20  exercise of parental choice, are reasonably necessary to

21  secure the educational public purpose. To be eligible to

22  participate in the S.C.R.I.P.T. grants program, a private

23  school must be a Florida private school, may be sectarian or

24  nonsectarian, and must:

25         (a)  Demonstrate fiscal soundness by being in operation

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

27  a statement by a certified public accountant confirming that

28  the private school desiring to participate is insured and the

29  owner or owners have sufficient capital or credit to operate

30  the school for the upcoming year serving the number of

31  students anticipated with expected revenues from tuition and

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    Florida Senate - 2003                                  SB 2778
    26-2115-03                                         See HB 1411




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

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

 3  equal to the S.C.R.I.P.T. grants funds for any school year may

 4  be filed with the department.

 5         (b)  Notify the Department of Education and the school

 6  district in the service area in which the school is located of

 7  its intent to participate in the program under this section as

 8  early as possible, but no later than July 1 preceding the

 9  school year in which it intends to participate. The notice

10  shall specify the grade levels and services that the private

11  school has available for the S.C.R.I.P.T. grants program.

12         (c)  Comply with the antidiscrimination provisions of

13  42 U.S.C. s. 2000d.

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

15  codes.

16         (e)  Comply with all state statutes applicable to the

17  general regulation of private schools.

18         (f)  If a S.C.R.I.P.T. grant student's parent so

19  requests, coordinate with the local school district the

20  locations and times for the student to take all statewide

21  assessments pursuant to s. 1008.22.

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 by February 7, based upon the capital outlay FTE

30  enrollment as determined by the October count and the Florida

31  Inventory of School Houses permanent student stations or

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    Florida Senate - 2003                                  SB 2778
    26-2115-03                                         See HB 1411




 1  permanent food service and multipurpose dining capacity, as

 2  appropriate, as of November 1, and capped at the number that

 3  would reduce the applicable percentage of capital outlay FTE

 4  enrollment specified in subsection (3) to 100 percent.

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

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

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

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

 9  grant for the student and the student lawfully attends an

10  eligible private school, through grade 12. The S.C.R.I.P.T.

11  grant may be transferred from one eligible private school to

12  another upon the school's acceptance of the student and the

13  parent's provision of adequate notice to the Department of

14  Education. A parent may, however, at any time opt to return

15  the student to public school.

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

17  documentation reviewed and approved by the Department of

18  Education, the Chief Financial Officer shall make S.C.R.I.P.T.

19  grant payments in four equal amounts no later than September

20  1, November 1, February 1, and April 1 of each academic year.

21  The initial payment shall be made after Department of

22  Education verification of admission acceptance, and subsequent

23  payments shall be made upon verification of the student's

24  continued enrollment and attendance at the private school.

25  Payment must be by individual warrant made payable to the

26  student' s parent and mailed by the Department of Education to

27  the private school of the parent's choice, and the parent

28  shall restrictively endorse the warrant to the private school.

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

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

31  grant.

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    Florida Senate - 2003                                  SB 2778
    26-2115-03                                         See HB 1411




 1         (12)  DEPARTMENT OF EDUCATION OBLIGATIONS.--

 2         (a)  The Department of Education shall annually

 3  calculate and publicize the number of initial S.C.R.I.P.T.

 4  grants, determined pursuant to paragraph (8)(b), that will be

 5  made available for each school for that school year.

 6         (b)1.  Upon notification of the number of students

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

 8  grants, the department shall transfer from general revenue

 9  funds appropriated to the school district the total amount of

10  annual $3,000 grants for the school district's students from

11  the Florida Education Finance Program to a separate account

12  for the disbursement of the initial S.C.R.I.P.T. grants.

13         2.  The Department of Education shall, in its annual

14  budget, provide for S.C.R.I.P.T. grants for parents who wish

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

16  grants program beyond the initial year of participation.

17         (c)  The Department of Education shall administer the

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

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

20  section. However, the inclusion of eligible private schools

21  within options available to Florida public school students

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

23  officers, or any school district to impose any additional

24  regulation of private schools beyond those reasonably

25  necessary to enforce requirements expressly set forth in this

26  section.

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

28  law.

29  

30  

31  

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