HB 1021

1	A bill to be entitled
2	An act relating to educational choice; creating s.
3	1002.385, F.S.; establishing the Reading Compact
4	Scholarship Program to provide students with reading
5	deficiencies the option to attend a public or private
6	school of choice; providing eligibility requirements for
7	receipt of a Reading Compact Scholarship to attend a
8	private school and restricting eligibility therefor;
9	providing for the term of a scholarship; providing school
10	district obligation to notify parents of available
11	options; providing Department of Education obligations,
12	including establishment of a process for notification of
13	violations, subsequent investigation, and certification of
14	compliance by private schools and selection of a research
15	organization to analyze student performance data;
16	providing Commissioner of Education authority and
17	obligations, including the denial, suspension, or
18	revocation of a private school's participation in the
19	scholarship program and procedures and timelines therefor;
20	providing private school eligibility requirements and
21	obligations, including compliance with specified laws and
22	academic accountability to the parent; providing parent
23	and student responsibilities for scholarship program
24	participation, including compliance with private school's
25	published policies, participation in student academic
26	assessment, and restrictive endorsement of scholarship
27	warrants; prohibiting power of attorney for endorsing a
28	scholarship warrant; providing funding and payment
29	requirements, including calculation of scholarship amount,
30	payment process, and Department of Financial Services
31	review; providing for immunity; authorizing waiver of
32	deadlines; requiring adoption of rules; creating s.
33	1002.421, F.S., relating to rights and obligations of
34	private schools participating in state school choice
35	scholarship programs; providing requirements for
36	participation in a scholarship program, including
37	compliance with specified state, local, and federal laws
38	and demonstration of fiscal soundness; requiring
39	restrictive endorsement of checks and prohibiting a school
40	from acting as attorney in fact; requiring employment of
41	qualified teachers and background screening of individuals
42	with direct student contact; requiring adoption of rules;
43	amending s. 1002.20, F.S.; providing an educational
44	choice, to conform; providing an effective date.
45
46	Be It Enacted by the Legislature of the State of Florida:
47
48	Section 1.  Section 1002.385, Florida Statutes, is created
49	to read:
50	1002.385  Reading Compact Scholarship Program.--
51	(1)  READING COMPACT SCHOLARSHIP PROGRAM.--The Reading
52	Compact Scholarship Program is established to offer the parent
53	of a student who has not attained reading proficiency beyond
54	Level 1 an educational choice to further the student's progress
55	in reading. The scholarship program shall provide students who
56	have scored Level 1 on the reading portion of the FCAT for 2
57	consecutive years the option to attend a public or private
58	school of choice.
59	(2)  READING COMPACT SCHOLARSHIP ELIGIBILITY.--The parent
60	of a public school student may request and receive from the
61	state a Reading Compact Scholarship for the student to enroll in
62	and attend a private school in accordance with the provisions of
63	this section if:
64	(a)  The student scored Level 1 on the reading portion of
65	the FCAT for 2 consecutive years.
66	(b)  The parent has obtained acceptance for admission of
67	the student to a private school eligible to participate in the
68	scholarship program pursuant to subsection (8) and has requested
69	from the Department of Education a Reading Compact Scholarship
70	no later than 60 days prior to the date of the first scholarship
71	payment. The parental request must be through a communication
72	directly to the department in a manner that creates a written or
73	electronic record of the request and the date of receipt of the
74	request.
75	(3)  READING COMPACT SCHOLARSHIP PROHIBITIONS.--A student
76	is not eligible for a Reading Compact Scholarship if he or she
77	is:
78	(a)  Enrolled in a school operating for the purpose of
79	providing educational services to youth in Department of
80	Juvenile Justice commitment programs.
81	(b)  Receiving a scholarship from an eligible nonprofit
82	scholarship-funding organization under s. 220.187.
83	(c)  Already receiving an educational scholarship pursuant
84	to this chapter.
85	(d)  Participating in a home education program as defined
86	in s. 1002.01(1).
87	(e)  Participating in a private tutoring program pursuant
88	to s. 1002.43.
89	(f)  Participating in a virtual school, correspondence
90	school, or distance learning program that receives state funding
91	pursuant to the student's participation.
92	(4)  TERM OF READING COMPACT SCHOLARSHIP.--
93	(a)  For purposes of continuity of educational choice, a
94	Reading Compact Scholarship shall remain in force until the
95	student returns to a public school or graduates from high
96	school.      (b)  Upon reasonable notice to the department and the
97	school district, the student's parent may remove the student
98	from the private school and place the student in a public
99	school, as provided in subparagraph (5)(a)2.
100	(c)  Upon reasonable notice to the department, the
101	student's parent may move the student from one participating
102	private school to another participating private school.
103	(5)  SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.--
104	(a)1.  A school district shall timely notify the parent of
105	each eligible student of all options available pursuant to this
106	section and offer that student's parent an opportunity to enroll
107	the student in another public school within the school district.
108	2.  The parent is not required to accept the offer of
109	enrolling the student in another public school in lieu of
110	requesting a Reading Compact Scholarship to a private school.
111	However, if the parent chooses the public school option, the
112	student may continue attending a public school chosen by the
113	parent until the student graduates from high school.
114	3.  If the parent chooses a public school consistent with
115	the district school board's choice plan under s. 1002.31, the
116	school district shall provide transportation to the public
117	school selected by the parent. The parent is responsible for
118	providing transportation to a public school chosen that is not
119	consistent with the district school board's choice plan under s.
120	1002.31.
121	(b)  If the parent chooses the private school option and
122	the student is accepted by the private school pending the
123	availability of a space for the student, the parent of the
124	student must notify the department no later than 60 days prior
125	to the first scholarship payment and before entering the private
126	school in order to be eligible for the scholarship when a space
127	becomes available for the student in the private school.
128	(c)  The parent of a student may choose, as an alternative,
129	to enroll the student in and transport the student to a public
130	school in an adjacent school district that has available space,
131	and that school district shall accept the student and report the
132	student for purposes of the school district's funding under the
133	Florida Education Finance Program.
134	(d)  For a student in the school district who participates
135	in the Reading Compact Scholarship Program whose parent requests
136	that the student take the statewide assessments under s.
137	1008.22, the school district shall provide locations and times
138	to take all statewide assessments.
139	(6)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The department
140	shall:
141	(a)  Establish a toll-free hotline that provides parents
142	and private schools with information on participation in the
143	Reading Compact Scholarship Program.
144	(b)  Establish a process by which individuals may notify
145	the department of any violation by a parent, private school, or
146	school district of state laws relating to program participation.
147	The department shall conduct an investigation of any written
148	complaint of a violation of this section, or make a referral to
149	the appropriate agency for an investigation, if the complaint is
150	signed by the complainant and is legally sufficient. A complaint
151	is legally sufficient if it contains ultimate facts that show
152	that a violation of this section or any rule adopted by the
153	State Board of Education has occurred. In order to determine
154	legal sufficiency, the department may require supporting
155	information or documentation from the complainant.
156	(c)  Require an annual, notarized, sworn compliance
157	statement by participating private schools certifying compliance
158	with state laws and shall retain such records.
159	(d)  Cross-check the list of participating scholarship
160	students with the public school enrollment lists prior to the
161	first scholarship payment to avoid duplication.
162	(e)  Identify all nationally norm-referenced tests that are
163	comparable to the norm-referenced test portions of the Florida
164	Comprehensive Assessment Test (FCAT).
165	(f)  Select an independent private research organization to
166	which participating private schools must report the scores of
167	participating students on the nationally norm-referenced tests
168	administered by the private school. The independent private
169	research organization must annually report to the department on
170	the year-to-year improvements of participating students. The
171	independent private research organization must analyze and
172	report student performance data in a manner that protects the
173	rights of students and parents as mandated in 20 U.S.C. s.
174	1232g, the Family Educational Rights and Privacy Act, and must
175	not disaggregate data to a level that will disclose the academic
176	level of individuals or of individual schools. To the extent
177	possible, the independent private research organization must
178	accumulate historical performance data on students from the
179	department and private schools to describe baseline performance
180	and to conduct longitudinal studies. To minimize costs and
181	reduce time required for third-party analysis and evaluation,
182	the department shall conduct analyses of matched students from
183	public school assessment data and calculate control group
184	learning gains using an agreed-upon methodology outlined in the
185	contract with the third-party evaluator. The sharing of student
186	data must be in accordance with the requirements of 20 U.S.C. s.
187	1232g, the Family Educational Rights and Privacy Act, and shall
188	be for the sole purpose of conducting the evaluation. All
189	parties must preserve the confidentiality of such information as
190	otherwise required by state and federal law.
191	(7)  COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.--
192	(a)  The Commissioner of Education shall deny, suspend, or
193	revoke a private school's participation in the scholarship
194	program if it is determined that the private school has failed
195	to comply with the provisions of this section. However, in
196	instances in which the noncompliance is correctable within a
197	reasonable amount of time and in which the health, safety, and
198	welfare of the students are not threatened, the commissioner may
199	issue a notice of noncompliance which shall provide the private
200	school with a timeframe within which to provide evidence of
201	compliance prior to taking action to suspend or revoke the
202	private school's participation in the scholarship program.
203	(b)  The commissioner's determination is subject to the
204	following:
205	1.  If the commissioner intends to deny, suspend, or revoke
206	a private school's participation in the scholarship program, the
207	department shall notify the private school of such proposed
208	action in writing by certified mail and regular mail to the
209	private school's address of record with the department. The
210	notification shall include the reasons for the proposed action
211	and notice of the timelines and procedures set forth in this
212	paragraph.
213	2.  The private school that is adversely affected by the
214	proposed action shall have 15 days from the receipt of the
215	notice of proposed action to file with the department's agency
216	clerk a request for a proceeding pursuant to ss. 120.569 and
217	120.57. If the private school is entitled to a hearing under s.
218	120.57(1), the department shall forward the request to the
219	Division of Administrative Hearings.
220	3.  Upon receipt of a request referred pursuant to this
221	paragraph, the director of the Division of Administrative
222	Hearings shall expedite the hearing and assign an administrative
223	law judge who shall commence a hearing within 30 days after the
224	receipt of the formal written request by the division and enter
225	a recommended order within 30 days after the hearing or within
226	30 days after receipt of the hearing transcript, whichever is
227	later. Each party shall be allowed 10 days in which to submit
228	written exceptions to the recommended order. A final order shall
229	be entered by the agency within 30 days after the entry of a
230	recommended order. The provisions of this subparagraph may be
231	waived upon stipulation by all parties.
232	(c)  The commissioner may immediately suspend payment if it
233	is determined that there is probable cause to believe that there
234	is:
235	1.  An imminent threat to the health, safety, and welfare
236	of the students; or
237	2.  Fraudulent activity on the part of the private school.
238
239	The commissioner's order suspending payment pursuant to this
240	paragraph may be appealed pursuant to the same procedures and
241	timelines as the notice of proposed action set forth in
242	paragraph (b).
243	(8)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be
244	eligible to participate in the Reading Compact Scholarship
245	Program, a private school may be sectarian or nonsectarian and
246	must:
247	(a)  Comply with all applicable requirements for private
248	schools participating in state school choice programs pursuant
249	to s. 1002.421.
250	(b)  Provide the department all documentation required for
251	the student's participation, including the private school's and
252	student's fee schedules, at least 30 days before the first
253	quarterly scholarship payment is made for the student.
254	(c)  Be academically accountable to the parent for meeting
255	the educational needs of the student by:
256	1.  At a minimum, annually providing to the parent a
257	written explanation of the student's progress.
258	2.  Annually administering or making provision for students
259	participating in the scholarship program to take one of the
260	nationally norm-referenced tests identified by the department.
261	Students with disabilities for whom standardized testing is not
262	appropriate are exempt from this requirement. A participating
263	private school must report a student's scores to the parent and
264	to the independent private research organization selected by the
265	department pursuant to paragraph (6)(f).
266	3.  Cooperating with the scholarship student whose parent
267	chooses to participate in the statewide assessments pursuant to
268	s. 1008.22.
269
270	The inability of a private school to meet the requirements of
271	this subsection shall constitute a basis for the ineligibility
272	of the private school to participate in the scholarship program
273	as determined by the department.
274	(9)  PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
275	PARTICIPATION.--A parent who applies for a Reading Compact
276	Scholarship is exercising his or her parental option to place
277	his or her child in a private school.
278	(a)  The parent must select the private school and apply
279	for the admission of his or her child.
280	(b)  The parent must have requested the scholarship at
281	least 60 days prior to the date of the first scholarship
282	payment.
283	(c)  Any student participating in the Reading Compact
284	Scholarship Program must remain in attendance throughout the
285	school year, unless excused by the school for illness or other
286	good cause.
287	(d)  Each parent and each student has an obligation to the
288	private school to comply with the private school's published
289	policies.
290	(e)  The parent shall ensure that the student participating
291	in the scholarship program takes the norm-referenced assessment
292	offered by the private school. The parent may also choose to
293	have the student participate in the statewide assessments
294	pursuant to s. 1008.22. If the parent requests that the student
295	participating in the scholarship program take statewide
296	assessments pursuant to s. 1008.22, the parent is responsible
297	for transporting the student to the assessment site designated
298	by the school district.
299	(f)  Upon receipt of a scholarship warrant, the parent to
300	whom the warrant is made must restrictively endorse the warrant
301	to the private school for deposit into the account of the
302	private school. The parent may not designate any entity or
303	individual associated with the participating private school as
304	the parent's attorney in fact to sign a scholarship warrant. A
305	participant who fails to comply with this paragraph forfeits the
306	scholarship.
307	(10)  READING COMPACT SCHOLARSHIP FUNDING AND PAYMENT.--
308	(a)  The maximum Reading Compact Scholarship granted for an
309	eligible student shall be a calculated amount equivalent to the
310	base student allocation in the Florida Education Finance Program
311	multiplied by the appropriate cost factor for the educational
312	program that would have been provided for the student in the
313	district school to which he or she was assigned, multiplied by
314	the district cost differential. In addition, the calculated
315	amount shall include the per-student share of instructional
316	materials funds, technology funds, and other categorical funds
317	as provided for this purpose in the General Appropriations Act.
318	(b)  The amount of the Reading Compact Scholarship shall be
319	the calculated amount or the amount of the private school's
320	tuition and fees, whichever is less. Fees eligible shall include
321	textbook fees, lab fees, and other fees related to instruction,
322	including transportation.
323	(c)  The school district shall report all students who are
324	attending a private school under this scholarship program. The
325	students attending private schools on Reading Compact
326	Scholarships shall be reported separately from those students
327	reported for purposes of the Florida Education Finance Program.
328	(d)  A public or private school that provides services to
329	students with disabilities shall receive the weighted funding
330	for such services at the appropriate funding level consistent
331	with the provisions of s. 1011.62(1)(e).
332	(e)  For purposes of calculating the Reading Compact
333	Scholarship, a student shall be eligible for the amount of the
334	appropriate basic cost factor if:
335	1.  The student currently participates in a Group 1 program
336	funded at the basic cost factor and is not subsequently
337	identified as having a disability; or
338	2.  The student currently participates in a Group 2 program
339	and the parent has chosen a private school that does not provide
340	the additional services funded by a Group 2 program.
341	(f)  Following notification on July 1, September 1,
342	December 1, or February 1 of the number of scholarship program
343	participants, the department shall transfer, from General
344	Revenue funds only, the calculated amount from the Florida
345	Education Finance Program and authorized categorical accounts to
346	a separate account for the Reading Compact Scholarship Program
347	for quarterly disbursement to the parents of participating
348	students. When a student enters the scholarship program, the
349	department must receive all documentation required for the
350	student's participation, including the private school's and
351	student's fee schedules, at least 30 days before the first
352	quarterly scholarship payment is made for the student.
353	(g)  The Chief Financial Officer shall make Reading Compact
354	Scholarship payments in four equal amounts no later than
355	September 1, November 1, February 1, and April 1 of each
356	academic year in which the Reading Compact Scholarship is in
357	force. The initial payment shall be made after department
358	verification of admission acceptance, and subsequent payments
359	shall be made upon verification of continued enrollment and
360	attendance at the private school. Payment must be by individual
361	warrant made payable to the student's parent and mailed by the
362	department to the private school of the parent's choice, and the
363	parent shall restrictively endorse the warrant to the private
364	school.
365	(h)  Subsequent to each scholarship payment, the Department
366	of Financial Services shall randomly review endorsed warrants to
367	confirm compliance with endorsement requirements. The Department
368	of Financial Services shall immediately report inconsistencies
369	or irregularities to the department.
370	(11)  LIABILITY.--No liability shall arise on the part of
371	the state based on the award or use of a Reading Compact
372	Scholarship.
373	(12)  WAIVER.--In the event of an act of God, the State
374	Board of Education shall have the authority to waive any
375	deadlines to effectuate the purposes of the scholarship program.
376	(13) RULES.--
377	(a)  The State Board of Education shall adopt rules
378	pursuant to ss. 120.536(1) and 120.54 to administer this
379	section. Rules shall include penalties for noncompliance with
380	subsections (8) and (9).
381	(b)  The inclusion of eligible private schools within
382	options available to Florida public school students does not
383	expand the regulatory authority of the state, its officers, or
384	any school district to impose any additional regulation of
385	private schools beyond those reasonably necessary to enforce
386	requirements expressly set forth in this section.
387	Section 2.  Section 1002.421, Florida Statutes, is created
388	to read:
389	1002.421  Rights and obligations of private schools
390	participating in state school choice scholarship
391	programs.--Requirements of this section are in addition to
392	private school requirements outlined in s. 1002.42, specific
393	requirements identified within respective scholarship program
394	laws, and other provisions of Florida law that apply to private
395	schools.
396	(1)  A Florida private school participating in the
397	Corporate Income Tax Credit Scholarship Program established
398	pursuant to s. 220.187 or an educational scholarship program
399	established pursuant to this chapter must comply with all
400	requirements of this section.
401	(2)  A private school participating in a scholarship
402	program must be a Florida private school as defined in s.
403	1002.01(2) and must:
404	(a)  Be a registered Florida private school in accordance
405	with s. 1002.42.
406	(b)  Comply with antidiscrimination provisions of 42 U.S.C.
407	s. 2000d.
408	(c)  Notify the department of its intent to participate in
409	a scholarship program.
410	(d)  Notify the department of any change in the school's
411	name, school director, mailing address, or physical location
412	within 15 days after the change.
413	(e)  Complete student enrollment and attendance
414	verification requirements, including use of an on-line
415	attendance verification form, prior to scholarship payment.
416	(f)  Annually complete and submit to the department a
417	notarized scholarship compliance statement certifying compliance
418	with state laws relating to private school participation in the
419	scholarship program.
420	(g)  Demonstrate fiscal soundness and accountability by:
421	1.  Being in operation for at least 3 school years or
422	obtaining a surety bond or letter of credit for the amount equal
423	to the scholarship funds for any quarter and filing the surety
424	bond or letter of credit with the department.
425	2.  Requiring the parent of each scholarship student to
426	personally restrictively endorse the scholarship warrant to the
427	school. The school may not act as attorney in fact for the
428	parent of a scholarship student under the authority of a power
429	of attorney executed by such parent, or under any other
430	authority, to endorse scholarship warrants on behalf of such
431	parent.
432	(h)  Meet applicable state and local health, safety, and
433	welfare laws, codes, and rules, including:
434	1.  Fire safety.
435	2.  Building safety.
436	(i)  Employ or contract with teachers who hold
437	baccalaureate or higher degrees, have at least 3 years of
438	teaching experience in public or private schools, or have
439	special skills, knowledge, or expertise that qualifies them to
440	provide instruction in subjects taught.
441	(j)  Require each individual with direct student contact
442	with a scholarship student to be of good moral character, to be
443	subject to the level 1 background screening as provided under
444	chapter 435, to be denied employment or terminated if required
445	under s. 435.06, and not to be ineligible to teach in a public
446	school because his or her educator certificate is suspended or
447	revoked. For purposes of this paragraph:
448	1.  An "individual with direct student contact" means any
449	individual who has unsupervised access to a scholarship student
450	for whom the private school is responsible.
451	2.  The costs of fingerprinting and the background check
452	shall not be borne by the state.
453	3.  Continued employment of an individual after
454	notification that the individual has failed the level 1
455	background screening shall cause a private school to be
456	ineligible for participation in a scholarship program.
457	4.  An individual holding a valid Florida teaching
458	certificate who has been fingerprinted pursuant to s. 1012.32
459	shall not be required to comply with the provisions of this
460	paragraph.
461	(3)  The inability of a private school to meet the
462	requirements of this section shall constitute a basis for the
463	ineligibility of the private school to participate in a
464	scholarship program as determined by the department.
465	(4)(a)  The State Board of Education shall adopt rules
466	pursuant to ss. 120.536(1) and 120.54 to administer this
467	section.
468	(b)  The inclusion of eligible private schools within
469	options available to Florida public school students does not
470	expand the regulatory authority of the state, its officers, or
471	any school district to impose any additional regulation of
472	private schools beyond those reasonably necessary to enforce
473	requirements expressly set forth in this section.
474	Section 3.  Paragraphs (a) and (b) of subsection (6) of
475	section 1002.20, Florida Statutes, are amended to read:
476	1002.20  K-12 student and parent rights.--Parents of public
477	school students must receive accurate and timely information
478	regarding their child's academic progress and must be informed
479	of ways they can help their child to succeed in school. K-12
480	students and their parents are afforded numerous statutory
481	rights including, but not limited to, the following:
482	(6)  EDUCATIONAL CHOICE.--
483	(a)  Public school choices.--Parents of public school
484	students may seek whatever public school choice options that are
485	applicable to their students and are available to students in
486	their school districts. These options may include controlled
487	open enrollment, lab schools, charter schools, charter technical
488	career centers, magnet schools, alternative schools, special
489	programs, advanced placement, dual enrollment, International
490	Baccalaureate, early admissions, credit by examination or
491	demonstration of competency, the New World School of the Arts,
492	the Florida School for the Deaf and the Blind, and the Florida
493	Virtual School. These options may also include the public school
494	choice options of the Opportunity Scholarship Program, and the
495	McKay Scholarships for Students with Disabilities Program, and
496	the Reading Compact Scholarship Program.
497	(b)  Private school choices.--Parents of public school
498	students may seek private school choice options under certain
499	programs.
500	1.  Under the Opportunity Scholarship Program, the parent
501	of a student in a failing public school may request and receive
502	an opportunity scholarship for the student to attend a private
503	school in accordance with the provisions of s. 1002.38.
504	2.  Under the McKay Scholarships for Students with
505	Disabilities Program, the parent of a public school student with
506	a disability who is dissatisfied with the student's progress may
507	request and receive a McKay Scholarship for the student to
508	attend a private school in accordance with the provisions of s.
509	1002.39.
510	3.  Under the corporate income tax credit scholarship
511	program, the parent of a student who qualifies for free or
512	reduced-price school lunch may seek a scholarship from an
513	eligible nonprofit scholarship-funding organization in
514	accordance with the provisions of s. 220.187.
515	4.  Under the Reading Compact Scholarship Program, the
516	parent of a student with reading deficiencies may request and
517	receive a Reading Compact Scholarship for the student to attend
518	a private school in accordance with the provisions of s.
519	1002.385.
520	Section 4.  This act shall take effect July 1, 2005.

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