Senate Bill sb1544

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    Florida Senate - 2004                                  SB 1544

    By Senator Haridopolos





    26-935-04                                               See HB

  1                      A bill to be entitled

  2         An act relating to educational choice programs;

  3         creating s. 1002.395, F.S.; establishing the

  4         K-12 GI Bill Program to provide educational

  5         options for dependents of Florida's veterans

  6         and active military personnel; providing that a

  7         student may attend a public school in the

  8         school district other than the one to which

  9         assigned; providing that a student may receive

10         a K-12 GI Bill to attend a public school in an

11         adjacent school district or to attend a private

12         school; providing K-12 GI Bill eligibility

13         requirements; providing school district and

14         Department of Education obligations; providing

15         private school eligibility requirements;

16         providing obligations of families choosing the

17         private school option; providing for the

18         amount, funding, and payment of a K-12 GI Bill;

19         exempting the state from liability; authorizing

20         State Board of Education rules; amending s.

21         1002.20, F.S., relating to student and parent

22         rights to educational choice, to conform;

23         providing an effective date.

24  

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

26  

27         Section 1.  Section 1002.395, Florida Statutes, is

28  created to read:

29         1002.395  K-12 GI Bill Program.--

30         (1)  PURPOSE.--The purpose of this section is to:

31  

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    Florida Senate - 2004                                  SB 1544
    26-935-04                                               See HB




 1         (a)  Recognize, honor, and reward the courage and

 2  sacrifices made by Florida's veterans and active military

 3  personnel and their families.

 4         (b)  Expand educational opportunities for children who

 5  are dependents of veterans and active military personnel.

 6         (c)  Provide a new benefit to Florida's veterans and

 7  active military personnel by giving them the option to choose

 8  their children's education.

 9         (2)  THE K-12 GI BILL PROGRAM.--The K-12 GI Bill

10  Program is established as a benefit to Florida's veterans and

11  active military personnel which provides the option for their

12  dependents to attend a public school in the school district

13  other than the one to which assigned, to receive a K-12 GI

14  Bill to attend a public school in an adjacent school district,

15  or to receive a K-12 GI Bill to attend a private school of

16  their choice.

17         (3)  K-12 GI BILL ELIGIBILITY.--The parent of a public

18  school student who is a dependent of a Florida veteran or

19  active military personnel may request and receive from the

20  state a K-12 GI Bill enabling the child to enroll in and

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

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

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

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

25  attendance means that the student was enrolled and reported by

26  a school district for funding during the preceding October and

27  February Florida Education Finance Program surveys in

28  kindergarten through grade 12.

29         (b)  The parent has notified the school district that

30  the student is a dependent of a Florida veteran or active

31  military personnel, has obtained acceptance for admission of

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    Florida Senate - 2004                                  SB 1544
    26-935-04                                               See HB




 1  the student to a private school that is eligible for the

 2  program under subsection (5), and has notified the school

 3  district of the request for a K-12 GI Bill at least 60 days

 4  prior to the date of the first K-12 GI Bill payment. The

 5  parental notification must be through a communication directly

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

 7  district in a manner that creates a written or electronic

 8  record of the notification and the date of receipt of the

 9  notification.

10  

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

12  school operating for the purpose of providing educational

13  services to youth in Department of Juvenile Justice commitment

14  programs. For purposes of continuity of educational choice,

15  the K-12 GI Bill shall remain in force until the student

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

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

18  student from the private school and place the student in

19  another private school that is eligible to provide educational

20  opportunities for students whose families opt to use a K-12 GI

21  Bill under subsection (5) or in a public school as provided in

22  subsection (4).

23         (4)  SCHOOL DISTRICT AND DEPARTMENT OF EDUCATION

24  OBLIGATIONS.--

25         (a)  A school district shall timely notify the parent

26  of each student who the school district has knowledge is a

27  dependent of a Florida veteran or active military personnel of

28  all options available pursuant to this section and offer that

29  student's parent an opportunity to enroll the student in

30  another public school within the district. The parent is not

31  required to accept this offer in lieu of requesting a K-12 GI

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    Florida Senate - 2004                                  SB 1544
    26-935-04                                               See HB




 1  Bill enabling the student to attend a public school in an

 2  adjacent school district or to attend a private school.

 3  However, if the parent chooses to enroll the student in

 4  another public school within the district, the student may

 5  continue attending the public school chosen by the parent

 6  until the student graduates from high school. If the parent

 7  chooses a public school consistent with the district school

 8  board's choice plan under s. 1002.31, the school district

 9  shall provide transportation to the public school selected by

10  the parent. The parent is responsible to provide

11  transportation to a public school chosen that is not

12  consistent with the district school board's choice plan under

13  s. 1002.31.

14         (b)  If the parent chooses the private school option

15  and the student is accepted by the private school pending the

16  availability of a space for the student, the parent of the

17  student must notify the school district at least 60 days prior

18  to the date of the first K-12 GI Bill payment and before the

19  student enters the private school in order to be eligible for

20  the K-12 GI Bill when a space becomes available for the

21  student in the private school.

22         (c)  The parent of a student may choose, as an

23  alternative, to enroll the student in and transport the

24  student to a public school in an adjacent school district that

25  has available space, and that school district shall accept the

26  student and report the student for purposes of the district's

27  funding pursuant to the Florida Education Finance Program.

28         (d)  For a student in the school district who

29  participates in the K-12 GI Bill Program whose parent requests

30  that the student take the statewide assessments under s.

31  

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    Florida Senate - 2004                                  SB 1544
    26-935-04                                               See HB




 1  1008.22, the district shall provide locations and times to

 2  take all statewide assessments.

 3         (e)  A school district must notify the Department of

 4  Education within 10 days after it receives notification of a

 5  parent's intent to apply for a student to receive a K-12 GI

 6  Bill.

 7         (5)  PRIVATE SCHOOL ELIGIBILITY.--To be eligible to

 8  provide educational opportunities for students whose families

 9  opt to use a K-12 GI Bill, a private school must be a Florida

10  private school, may be sectarian or nonsectarian, and must:

11         (a)  Demonstrate fiscal soundness by being in operation

12  for 2 school years or file with the Department of Education a

13  surety bond or letter of credit for the amount equal to the

14  K-12 GI Bill funds for each quarter.

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

16  to provide educational opportunities for students whose

17  families opt to use a K-12 GI Bill. The notice must specify

18  the grade levels and services that the private school has

19  available for students attending on a K-12 GI Bill.

20         (c)  Comply with the antidiscrimination provisions of

21  42 U.S.C. s. 2000d.

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

23  codes.

24         (e)  Be academically accountable to the parent for

25  meeting the educational needs of the student.

26         (f)  Employ or contract with teachers who hold

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

28  teaching experience in public or private schools, or have

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

30  provide instruction in subjects taught.

31  

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    Florida Senate - 2004                                  SB 1544
    26-935-04                                               See HB




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

 2  regulation of private schools.

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

 4  procedures prior to the expulsion of a student attending the

 5  school on a K-12 GI Bill.

 6         (6)  OBLIGATION OF FAMILIES OPTING TO USE A K-12 GI

 7  BILL.--

 8         (a)  A parent who applies for a K-12 GI Bill to enable

 9  his or her child to attend a private school is exercising his

10  or her parental option to place his or her child in a private

11  school. The parent must select the private school and apply

12  for the admission of his or her child.

13         (b)  The parent must have requested the K-12 GI Bill at

14  least 60 days prior to the date of the first K-12 GI Bill

15  payment.

16         (c)  Any student attending a private school on a K-12

17  GI Bill must remain in attendance throughout the school year,

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

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

20         (d)  The parent of each student attending a private

21  school on a K-12 GI Bill must comply fully with the private

22  school's parental involvement requirements unless excused by

23  the school for illness or other good cause.

24         (e)  If the parent requests that the student attending

25  a private school on a K-12 GI Bill take all statewide

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

27  responsible for transporting the student to the assessment

28  site designated by the school district.

29         (f)  Upon receipt of a K-12 GI Bill warrant, the parent

30  to whom the warrant is made must restrictively endorse the

31  

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    Florida Senate - 2004                                  SB 1544
    26-935-04                                               See HB




 1  warrant to the private school for deposit into the account of

 2  the private school.

 3         (g)  Any failure to comply with this subsection results

 4  in forfeit of the K-12 GI Bill.

 5         (7)  K-12 GI BILL FUNDING AND PAYMENT.--

 6         (a)  The amount of a K-12 GI Bill provided to any child

 7  for any single school year shall not exceed the following

 8  annual limits:

 9         1.  Three thousand six hundred dollars or the amount of

10  tuition and fees, whichever is less, for a K-12 GI Bill

11  awarded to a student enrolled in an eligible private school.

12         2.  Five hundred dollars, or the amount of

13  transportation expenses, whichever is less, for a K-12 GI Bill

14  awarded to a student enrolled in a Florida public school that

15  is located outside the school district in which the student

16  resides.

17         (b)  If a participating private school requires partial

18  payment of tuition prior to the start of the academic year to

19  reserve space for students admitted to the school, that

20  partial payment may be paid by the Department of Education

21  prior to the first quarterly payment of the year in which the

22  K-12 GI Bill is awarded, up to a maximum of $1,000, and

23  deducted from subsequent K-12 GI Bill payments. If a student

24  decides not to attend the participating private school, the

25  partial reservation payment must be returned to the Department

26  of Education by the participating private school. There is a

27  limit of one reservation payment per student per year.

28         (c)  The school district shall report all students who

29  are attending a private school on a K-12 GI Bill. The students

30  attending private schools on K-12 GI Bills shall be reported

31  

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    Florida Senate - 2004                                  SB 1544
    26-935-04                                               See HB




 1  separately from other students reported for purposes of the

 2  Florida Education Finance Program.

 3         (d)  Following notification on July 1, September 1,

 4  December 1, or February 1 of the number of students attending

 5  private schools on K-12 GI Bills, the Department of Education

 6  shall transfer, from General Revenue funds only, the amount of

 7  the K-12 GI Bills from the school district's total funding

 8  entitlement under the Florida Education Finance Program to a

 9  separate account for the K-12 GI Bills for quarterly

10  disbursement to the parents of K-12 GI Bill students. When a

11  student enters a private school on a K-12 GI Bill, the

12  Department of Education must receive all documentation

13  required for the student's K-12 GI Bill, including the private

14  school's and student's fee schedules, at least 30 days before

15  the first quarterly K-12 GI Bill payment is made for the

16  student. The Department of Education may not make any

17  retroactive payments.

18         (e)  Upon proper documentation reviewed and approved by

19  the Department of Education, the Chief Financial Officer shall

20  make K-12 GI Bill payments in four equal amounts no later than

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

22  academic year in which the K-12 GI Bill is in force. The

23  initial payment for attendance at a private school shall be

24  made after Department of Education verification of admission

25  acceptance, and subsequent payments shall be made upon

26  verification of continued enrollment and attendance at the

27  private school. Payment must be by individual warrant made

28  payable to the student's parent and mailed by the Department

29  of Education to the private school of the parent's choice, and

30  the parent shall restrictively endorse the warrant to the

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    Florida Senate - 2004                                  SB 1544
    26-935-04                                               See HB




 1  private school for deposit into the account of the private

 2  school.

 3         (8)  LIABILITY.--No liability shall arise on the part

 4  of the state based on the award or use of a K-12 GI Bill.

 5         (9)  RULES.--The State Board of Education may adopt

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

 7  section. However, the inclusion of eligible private schools

 8  within options available to Florida public school students

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

10  officers, or any school district to impose any additional

11  regulation of private schools beyond those reasonably

12  necessary to enforce requirements expressly set forth in this

13  section.

14         Section 2.  Paragraphs (a) and (b) of subsection (6) of

15  section 1002.20, Florida Statutes, are amended to read:

16         1002.20  K-12 student and parent rights.--Parents of

17  public school students must receive accurate and timely

18  information regarding their child's academic progress and must

19  be informed of ways they can help their child to succeed in

20  school. K-12 students and their parents are afforded numerous

21  statutory rights including, but not limited to, the following:

22         (6)  EDUCATIONAL CHOICE.--

23         (a)  Public school choices.--Parents of public school

24  students may seek whatever public school choice options that

25  are applicable to their students and are available to students

26  in their school districts. These options may include

27  controlled open enrollment, lab schools, charter schools,

28  charter technical career centers, magnet schools, alternative

29  schools, special programs, advanced placement, dual

30  enrollment, International Baccalaureate, early admissions,

31  credit by examination or demonstration of competency, the New

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    Florida Senate - 2004                                  SB 1544
    26-935-04                                               See HB




 1  World School of the Arts, the Florida School for the Deaf and

 2  the Blind, and the Florida Virtual School. These options may

 3  also include the public school choice options of the

 4  Opportunity Scholarship Program, and the McKay Scholarships

 5  for Students with Disabilities Program, and the K-12 GI Bill

 6  Program.

 7         (b)  Private school choices.--Parents of public school

 8  students may seek private school choice options under certain

 9  programs.

10         1.  Under the Opportunity Scholarship Program, the

11  parent of a student in a failing public school may request and

12  receive an opportunity scholarship for the student to attend a

13  private school in accordance with the provisions of s.

14  1002.38.

15         2.  Under the McKay Scholarships for Students with

16  Disabilities Program, the parent of a public school student

17  with a disability who is dissatisfied with the student's

18  progress may request and receive a McKay Scholarship for the

19  student to attend a private school in accordance with the

20  provisions of s. 1002.39.

21         3.  Under the K-12 GI Bill Program, the parent of a

22  public school student who is a dependent of a Florida veteran

23  or active military personnel may request and receive a K-12 GI

24  Bill for the student to attend a private school in accordance

25  with the provisions of s. 1002.395.

26         4.3.  Under the corporate income tax credit scholarship

27  program, the parent of a student who qualifies for free or

28  reduced-price school lunch may seek a scholarship from an

29  eligible nonprofit scholarship-funding organization in

30  accordance with the provisions of s. 220.187.

31  

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    Florida Senate - 2004                                  SB 1544
    26-935-04                                               See HB




 1         Section 3.  This act shall take effect upon becoming a

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