HB 0549

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

CODING: Words stricken are deletions; words underlined are additions.