| 1 | The Committee on Local Government & Veterans' Affairs recommends |
| 2 | the following: |
| 3 |
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| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to educational choice programs; creating |
| 8 | s. 1002.395, F.S.; establishing the K-12 GI Bill Program |
| 9 | to provide educational options for dependents of a Florida |
| 10 | veteran, an active duty member of any branch of the United |
| 11 | States Armed Forces, an active or retired member of the |
| 12 | Florida National Guard, or an active member of the Armed |
| 13 | Forces Reserves; providing that a student may attend a |
| 14 | public school in the school district other than the one to |
| 15 | which assigned; providing that a student may receive a K- |
| 16 | 12 GI Bill to attend a public school in an adjacent school |
| 17 | district or to attend a private school; providing K-12 GI |
| 18 | Bill eligibility requirements; providing school district |
| 19 | obligations; providing private school eligibility |
| 20 | requirements; providing obligations of families choosing |
| 21 | the private school option; providing for the amount, |
| 22 | funding, and payment of a K-12 GI Bill; exempting the |
| 23 | state from liability; authorizing State Board of Education |
| 24 | rules; amending s. 1002.20, F.S., relating to student and |
| 25 | parent rights to educational choice, to conform; providing |
| 26 | an effective date. |
| 27 |
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| 28 | Be It Enacted by the Legislature of the State of Florida: |
| 29 |
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| 30 | Section 1. Section 1002.395, Florida Statutes, is created |
| 31 | to read: |
| 32 | 1002.395 K-12 GI Bill Program.-- |
| 33 | (1) PURPOSE.--The purpose of this section is to: |
| 34 | (a) Recognize, honor, and reward the courage and |
| 35 | sacrifices made by a Florida veteran, an active duty member of |
| 36 | any branch of the United States Armed Forces, an active or |
| 37 | retired member of the Florida National Guard, or an active |
| 38 | member of the Armed Forces Reserves, and his or her family. |
| 39 | (b) Expand educational opportunities for children who are |
| 40 | dependents of a Florida veteran, an active duty member of any |
| 41 | branch of the United States Armed Forces, an active or retired |
| 42 | member of the Florida National Guard, or an active member of the |
| 43 | Armed Forces Reserves. |
| 44 | (c) Provide a new benefit to a Florida veteran, an active |
| 45 | duty member of any branch of the United States Armed Forces, an |
| 46 | active or retired member of the Florida National Guard, or an |
| 47 | active member of the Armed Forces Reserves by giving such |
| 48 | individual the option to choose his or her children's education. |
| 49 | (2) THE K-12 GI BILL PROGRAM.--The K-12 GI Bill Program is |
| 50 | established as a benefit to a Florida veteran as defined in s. |
| 51 | 1.01, an active duty member of any branch of the United States |
| 52 | Armed Forces, an active or retired member of the Florida |
| 53 | National Guard, or an active member of the Armed Forces Reserves |
| 54 | that provides the option for his or her dependents to attend a |
| 55 | public school in the school district other than the one to which |
| 56 | assigned, to receive a K-12 GI Bill to attend a public school in |
| 57 | an adjacent school district, or to receive a K-12 GI Bill to |
| 58 | attend an eligible private school of his or her choice. |
| 59 | (3) K-12 GI BILL ELIGIBILITY.--The parent of a student who |
| 60 | is a dependent of a Florida veteran as defined in s. 1.01, an |
| 61 | active duty member of any branch of the United States Armed |
| 62 | Forces, an active or retired member of the Florida National |
| 63 | Guard, or an active member of the Armed Forces Reserves may |
| 64 | request and receive from the state a K-12 GI Bill for the child |
| 65 | to enroll in and attend an eligible private school if the parent |
| 66 | has notified the school district that the student is a dependent |
| 67 | of a Florida veteran as defined in s. 1.01, an active duty |
| 68 | member of any branch of the United States Armed Forces, an |
| 69 | active or retired member of the Florida National Guard, or an |
| 70 | active member of the Armed Forces Reserves; has obtained |
| 71 | acceptance for admission of the student to a private school that |
| 72 | is eligible for the program under subsection (5); and has |
| 73 | notified the school district of the request for a K-12 GI Bill |
| 74 | at least 60 days prior to the date of the first K-12 GI Bill |
| 75 | payment. The parental notification must be through a |
| 76 | communication directly to the district or through the Department |
| 77 | of Education to the district in a manner that creates a written |
| 78 | or electronic record of the notification and the date of receipt |
| 79 | of the notification. This section does not apply to a student |
| 80 | who is enrolled in a school operating for the purpose of |
| 81 | providing educational services to youth in Department of |
| 82 | Juvenile Justice commitment programs. For purposes of continuity |
| 83 | of educational choice, the K-12 GI Bill shall remain in force |
| 84 | until the student returns to a public school or graduates from |
| 85 | high school. However, at any time, the student's parent may |
| 86 | remove the student from the private school and place the student |
| 87 | in another private school that is eligible to provide |
| 88 | educational opportunities for students whose families opt to use |
| 89 | a K-12 GI Bill under subsection (5) or in a public school as |
| 90 | provided in subsection (4). |
| 91 | (4) SCHOOL DISTRICT OBLIGATIONS.-- |
| 92 | (a) A school district shall timely notify the parent of |
| 93 | each student who the school district has knowledge is a |
| 94 | dependent of a Florida veteran as defined in s. 1.01, an active |
| 95 | duty member of any branch of the United States Armed Forces, an |
| 96 | active or retired member of the Florida National Guard, or an |
| 97 | active member of the Armed Forces Reserves of all options |
| 98 | available pursuant to this section and offer that student's |
| 99 | parent an opportunity to enroll the student in another public |
| 100 | school within the district. The parent is not required to accept |
| 101 | this offer in lieu of requesting a K-12 GI Bill for the student |
| 102 | to attend a public school in an adjacent school district or to |
| 103 | attend a private school. However, if the parent chooses to |
| 104 | enroll the student in another public school within the district, |
| 105 | the student may continue attending the public school chosen by |
| 106 | the parent until the student graduates from high school. The |
| 107 | option under this paragraph shall be on a space-available basis. |
| 108 | However, a student who is the dependent of a parent on active |
| 109 | duty shall be given first priority, provided that this option |
| 110 | shall not be available if it results in a violation of the |
| 111 | constitutional class size requirements. If the parent chooses a |
| 112 | public school consistent with the district school board's choice |
| 113 | plan under s. 1002.31, the school district shall provide |
| 114 | transportation to the public school selected by the parent. The |
| 115 | parent is responsible to provide transportation to a public |
| 116 | school chosen that is not consistent with the district school |
| 117 | board's choice plan under s. 1002.31. |
| 118 | (b) The parent of a student may choose, as an alternative, |
| 119 | to enroll the student in and transport the student to a public |
| 120 | school in an adjacent school district that has available space, |
| 121 | and that school district shall accept the student and report the |
| 122 | student for purposes of the district's funding pursuant to the |
| 123 | Florida Education Finance Program. |
| 124 | (c) For a student in the school district who participates |
| 125 | in the K-12 GI Bill Program whose parent requests that the |
| 126 | student take the statewide assessments under s. 1008.22, the |
| 127 | district shall provide locations and times to take all statewide |
| 128 | assessments. |
| 129 | (d) A school district must notify the Department of |
| 130 | Education within 10 days after it receives notification of a |
| 131 | parent's intent to apply for a student to receive a K-12 GI |
| 132 | Bill. |
| 133 | (5) PRIVATE SCHOOL ELIGIBILITY.--To be eligible to provide |
| 134 | educational opportunities for students whose families opt to use |
| 135 | a K-12 GI Bill, a private school must be a Florida private |
| 136 | school, may be sectarian or nonsectarian, and must: |
| 137 | (a) Demonstrate fiscal soundness by being in operation for |
| 138 | 2 school years or file with the Department of Education a surety |
| 139 | bond or letter of credit for the amount equal to the K-12 GI |
| 140 | Bill funds for each quarter. |
| 141 | (b) Notify the Department of Education of its intent to |
| 142 | provide educational opportunities for students whose families |
| 143 | opt to use a K-12 GI Bill. The notice must specify the grade |
| 144 | levels and services that the private school has available for |
| 145 | students attending on a K-12 GI Bill. |
| 146 | (c) Comply with the antidiscrimination provisions of 42 |
| 147 | U.S.C. s. 2000d. |
| 148 | (d) Meet state and local health and safety laws and codes. |
| 149 | (e) Be academically accountable to the parent for meeting |
| 150 | the educational needs of the student. |
| 151 | (f) Employ or contract with teachers who hold |
| 152 | baccalaureate or higher degrees, have at least 3 years of |
| 153 | teaching experience in public or private schools, or have |
| 154 | special skills, knowledge, or expertise that qualifies them to |
| 155 | provide instruction in subjects taught. |
| 156 | (g) Comply with all state laws relating to general |
| 157 | regulation of private schools. |
| 158 | (h) Adhere to the tenets of its published disciplinary |
| 159 | procedures prior to the expulsion of a student attending the |
| 160 | school on a K-12 GI Bill. |
| 161 | (6) OBLIGATION OF FAMILIES OPTING TO USE A K-12 GI BILL.-- |
| 162 | (a) A parent who applies for a K-12 GI Bill to enable his |
| 163 | or her child to attend a private school is exercising his or her |
| 164 | parental option to place his or her child in a private school. |
| 165 | The parent must select the private school and apply for the |
| 166 | admission of his or her child. |
| 167 | (b) If the parent chooses the private school option and |
| 168 | the student is accepted by the private school pending the |
| 169 | availability of a space for the student, the parent of the |
| 170 | student must notify the school district at least 60 days prior |
| 171 | to the date of the first K-12 GI Bill payment and before the |
| 172 | student enters the private school in order to be eligible for |
| 173 | the K-12 GI Bill when a space becomes available for the student |
| 174 | in the private school. |
| 175 | (c) Any student attending a private school on a K-12 GI |
| 176 | Bill must remain in attendance throughout the school year, |
| 177 | unless excused by the school for illness or other good cause, |
| 178 | and must comply fully with the school's code of conduct. |
| 179 | (d) The parent of each student attending a private school |
| 180 | on a K-12 GI Bill must comply fully with the private school's |
| 181 | parental involvement requirements unless excused by the school |
| 182 | for illness or other good cause. |
| 183 | (e) If the parent requests that the student attending a |
| 184 | private school on a K-12 GI Bill take all statewide assessments |
| 185 | required pursuant to s. 1008.22, the parent is responsible for |
| 186 | transporting the student to the assessment site designated by |
| 187 | the school district. |
| 188 | (f) Upon receipt of a K-12 GI Bill warrant, the parent to |
| 189 | whom the warrant is made must restrictively endorse the warrant |
| 190 | to the private school for deposit into the account of the |
| 191 | private school. |
| 192 | (g) Any failure to comply with this subsection results in |
| 193 | forfeiture of the K-12 GI Bill. |
| 194 | (7) K-12 GI BILL FUNDING AND PAYMENT.-- |
| 195 | (a) The amount of a K-12 GI Bill provided to any child for |
| 196 | any single school year shall not exceed the following annual |
| 197 | limits: |
| 198 | 1. Three thousand six hundred dollars or the amount of |
| 199 | tuition and fees, whichever is less, for a K-12 GI Bill awarded |
| 200 | to a student enrolled in an eligible private school. |
| 201 | 2. Five hundred dollars, or the amount of transportation |
| 202 | expenses, whichever is less, for a K-12 GI Bill awarded to a |
| 203 | student enrolled in a Florida public school that is located |
| 204 | outside the school district in which the student resides. |
| 205 | (b) If a participating private school requires partial |
| 206 | payment of tuition prior to the start of the academic year to |
| 207 | reserve space for students admitted to the school, that partial |
| 208 | payment may be paid by the Department of Education prior to the |
| 209 | first quarterly payment of the year in which the K-12 GI Bill is |
| 210 | awarded, up to a maximum of $1,000, and deducted from subsequent |
| 211 | K-12 GI Bill payments. If a student decides not to attend the |
| 212 | participating private school, the partial reservation payment |
| 213 | must be returned to the Department of Education by the |
| 214 | participating private school. There is a limit of one |
| 215 | reservation payment per student per year. |
| 216 | (c) The school district shall report all students who are |
| 217 | attending a private school on a K-12 GI Bill. The students |
| 218 | attending private schools on K-12 GI Bills shall be reported |
| 219 | separately from other students reported for purposes of the |
| 220 | Florida Education Finance Program. |
| 221 | (d) Following notification on July 1, September 1, |
| 222 | December 1, or February 1 of the number of students attending |
| 223 | private schools on K-12 GI Bills, the Department of Education |
| 224 | shall transfer, from General Revenue funds only, the amount of |
| 225 | the K-12 GI Bills from the school district's total funding |
| 226 | entitlement under the Florida Education Finance Program to a |
| 227 | separate account for the K-12 GI Bills for quarterly |
| 228 | disbursement to the parents of K-12 GI Bill students. When a |
| 229 | student enters a private school on a K-12 GI Bill, the |
| 230 | Department of Education must receive all documentation required |
| 231 | for the student's K-12 GI Bill, including the private school's |
| 232 | and student's fee schedules, at least 30 days before the first |
| 233 | quarterly K-12 GI Bill payment is made for the student. The |
| 234 | Department of Education may not make any retroactive payments. |
| 235 | (e) Upon proper documentation reviewed and approved by the |
| 236 | Department of Education, the Chief Financial Officer shall make |
| 237 | K-12 GI Bill payments in four equal amounts no later than |
| 238 | September 1, November 1, February 1, and April 15 of each |
| 239 | academic year in which the K-12 GI Bill is in force. The initial |
| 240 | payment for attendance at a private school shall be made after |
| 241 | Department of Education verification of admission acceptance, |
| 242 | and subsequent payments shall be made upon verification of |
| 243 | continued enrollment and attendance at the private school. |
| 244 | Payment must be by individual warrant made payable to the |
| 245 | student's parent and mailed by the Department of Education to |
| 246 | the private school of the parent's choice, and the parent shall |
| 247 | restrictively endorse the warrant to the private school for |
| 248 | deposit into the account of the private school. |
| 249 | (8) LIABILITY.--No liability shall arise on the part of |
| 250 | the state based on the award or use of a K-12 GI Bill. |
| 251 | (9) RULES.--The State Board of Education may adopt rules |
| 252 | pursuant to ss. 120.536(1) and 120.54 to administer this |
| 253 | section. However, the inclusion of eligible private schools |
| 254 | within options available to Florida public school students does |
| 255 | not expand the regulatory authority of the state, its officers, |
| 256 | or any school district to impose any additional regulation of |
| 257 | private schools beyond those reasonably necessary to enforce |
| 258 | requirements expressly set forth in this section. |
| 259 | Section 2. Paragraphs (a) and (b) of subsection (6) of |
| 260 | section 1002.20, Florida Statutes, are amended to read: |
| 261 | 1002.20 K-12 student and parent rights.--Parents of public |
| 262 | school students must receive accurate and timely information |
| 263 | regarding their child's academic progress and must be informed |
| 264 | of ways they can help their child to succeed in school. K-12 |
| 265 | students and their parents are afforded numerous statutory |
| 266 | rights including, but not limited to, the following: |
| 267 | (6) EDUCATIONAL CHOICE.-- |
| 268 | (a) Public school choices.--Parents of public school |
| 269 | students may seek whatever public school choice options that are |
| 270 | applicable to their students and are available to students in |
| 271 | their school districts. These options may include controlled |
| 272 | open enrollment, lab schools, charter schools, charter technical |
| 273 | career centers, magnet schools, alternative schools, special |
| 274 | programs, advanced placement, dual enrollment, International |
| 275 | Baccalaureate, early admissions, credit by examination or |
| 276 | demonstration of competency, the New World School of the Arts, |
| 277 | the Florida School for the Deaf and the Blind, and the Florida |
| 278 | Virtual School. These options may also include the public school |
| 279 | choice options of the Opportunity Scholarship Program, and the |
| 280 | McKay Scholarships for Students with Disabilities Program, and |
| 281 | the K-12 GI Bill Program. |
| 282 | (b) Private school choices.--Parents of public school |
| 283 | students may seek private school choice options under certain |
| 284 | programs. |
| 285 | 1. Under the Opportunity Scholarship Program, the parent |
| 286 | of a student in a failing public school may request and receive |
| 287 | an opportunity scholarship for the student to attend a private |
| 288 | school in accordance with the provisions of s. 1002.38. |
| 289 | 2. Under the McKay Scholarships for Students with |
| 290 | Disabilities Program, the parent of a public school student with |
| 291 | a disability who is dissatisfied with the student's progress may |
| 292 | request and receive a McKay Scholarship for the student to |
| 293 | attend a private school in accordance with the provisions of s. |
| 294 | 1002.39. |
| 295 | 3. Under the K-12 GI Bill Program, the parent of a public |
| 296 | school student who is a dependent of a Florida veteran, an |
| 297 | active duty member of any branch of the United States Armed |
| 298 | Forces, an active or retired member of the Florida National |
| 299 | Guard, or an active member of the Armed Forces Reserves may |
| 300 | request and receive a K-12 GI Bill for the student to attend a |
| 301 | private school in accordance with the provisions of s. 1002.395. |
| 302 | 4.3. Under the corporate income tax credit scholarship |
| 303 | program, the parent of a student who qualifies for free or |
| 304 | reduced-price school lunch may seek a scholarship from an |
| 305 | eligible nonprofit scholarship-funding organization in |
| 306 | accordance with the provisions of s. 220.187. |
| 307 | Section 3. This act shall take effect upon becoming a law. |