HB 1021

CS

CHAMBER ACTION

1	The Choice & Innovation Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to educational choice; creating s.
7	1002.385, F.S.; establishing the Reading Compact
8	Scholarship Program to provide students with reading
9	deficiencies the option to attend a public or private
10	school of choice; providing eligibility requirements for
11	receipt of a Reading Compact Scholarship to attend a
12	private school and restricting eligibility therefor;
13	providing for the term of a scholarship; providing school
14	district obligation to notify parents of available
15	options; providing Department of Education obligations,
16	including establishment of a process for notification of
17	violations, subsequent investigation, and certification of
18	compliance by private schools and selection of a research
19	organization to analyze student performance data;
20	providing Commissioner of Education authority and
21	obligations, including the denial, suspension, or
22	revocation of a private school's participation in the
23	scholarship program and procedures and timelines therefor;
24	providing private school eligibility requirements and
25	obligations, including compliance with specified laws and
26	academic accountability to the parent; providing parent
27	and student responsibilities for scholarship program
28	participation, including compliance with private school's
29	published policies, participation in student academic
30	assessment, and restrictive endorsement of scholarship
31	warrants; prohibiting power of attorney for endorsing a
32	scholarship warrant; providing funding and payment
33	requirements, including calculation of scholarship amount,
34	payment process, and Department of Financial Services
35	review; providing for immunity; authorizing waiver of
36	deadlines; providing scope of authority; requiring
37	adoption of rules; creating s. 1002.421, F.S., relating to
38	rights and obligations of private schools participating in
39	state school choice scholarship programs; providing
40	requirements for participation in a scholarship program,
41	including compliance with specified state, local, and
42	federal laws and demonstration of fiscal soundness;
43	requiring restrictive endorsement of checks and
44	prohibiting a school from acting as attorney in fact;
45	requiring employment of qualified teachers and background
46	screening of individuals with direct student contact;
47	requiring adoption of rules; amending s. 1002.20, F.S.;
48	providing an educational choice, to conform; providing an
49	effective date.
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1.  Section 1002.385, Florida Statutes, is created
54	to read:
55	1002.385  Reading Compact Scholarship Program.--
56	(1)  READING COMPACT SCHOLARSHIP PROGRAM.--The Reading
57	Compact Scholarship Program is established to offer the parent
58	of a student who has not attained reading proficiency beyond
59	Level 1 an educational choice to further the student's progress
60	in reading. The scholarship program shall provide students who
61	have scored Level 1 on FCAT Reading for 2 of the previous 3
62	years the option to attend a public or private school of choice.
63	(2)  READING COMPACT SCHOLARSHIP ELIGIBILITY.--The parent
64	of a public school student may request and receive from the
65	state a Reading Compact Scholarship for the student to enroll in
66	and attend a private school in accordance with the provisions of
67	this section if:
68	(a)  The student scored Level 1 on FCAT Reading for 2 of
69	the previous 3 years. However, a student who scored Level 1 on
70	grade 10 FCAT Reading is not eligible for a Reading Compact
71	Scholarship.
72	(b)  The parent has obtained acceptance for admission of
73	the student to a private school eligible to participate in the
74	scholarship program pursuant to subsection (8) and has requested
75	from the Department of Education a Reading Compact Scholarship
76	no later than 60 days prior to the date of the first scholarship
77	payment. The parental request must be through a communication
78	directly to the department in a manner that creates a written or
79	electronic record of the request and the date of receipt of the
80	request.
81	(3)  READING COMPACT SCHOLARSHIP PROHIBITIONS.--A student
82	is not eligible for a Reading Compact Scholarship if he or she
83	is:
84	(a)  Enrolled in a school operating for the purpose of
85	providing educational services to youth in Department of
86	Juvenile Justice commitment programs.
87	(b)  Receiving a scholarship from an eligible nonprofit
88	scholarship-funding organization under s. 220.187.
89	(c)  Already receiving an educational scholarship pursuant
90	to this chapter.
91	(d)  Participating in a home education program as defined
92	in s. 1002.01(1).
93	(e)  Participating in a private tutoring program pursuant
94	to s. 1002.43.
95	(f)  Participating in a virtual school, correspondence
96	school, or distance learning program that receives state funding
97	pursuant to the student's participation.
98	(4)  TERM OF READING COMPACT SCHOLARSHIP.--
99	(a)  For purposes of continuity of educational choice, a
100	Reading Compact Scholarship shall remain in force until the
101	student returns to a public school or graduates from high
102	school.
103	(b)  Upon reasonable notice to the department and the
104	school district, the student's parent may remove the student
105	from the private school and place the student in a public
106	school, as provided in paragraph (5)(a).
107	(c)  Upon reasonable notice to the department, the
108	student's parent may move the student from one participating
109	private school to another participating private school.
110	(5)  SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.--
111	(a)1.  A school district shall timely notify the parent of
112	each eligible student of all options available pursuant to this
113	section and offer that student's parent an opportunity to enroll
114	the student in another public school within the school district.
115	2.  The parent is not required to accept the offer of
116	enrolling the student in another public school in lieu of
117	requesting a Reading Compact Scholarship to a private school.
118	However, if the parent chooses the public school option, the
119	student may continue attending a public school chosen by the
120	parent until the student graduates from high school.
121	3.  If the parent chooses a public school consistent with
122	the district school board's choice plan under s. 1002.31, the
123	school district shall provide transportation to the public
124	school selected by the parent. The parent is responsible for
125	providing transportation to a public school chosen that is not
126	consistent with the district school board's choice plan under s.
127	1002.31.
128	(b)  If the parent chooses the private school option and
129	the student is accepted by the private school pending the
130	availability of a space for the student, the parent of the
131	student must notify the department no later than 60 days prior
132	to the first scholarship payment and before entering the private
133	school in order to be eligible for the scholarship when a space
134	becomes available for the student in the private school.
135	(c)  The parent of a student may choose, as an alternative,
136	to enroll the student in and transport the student to a public
137	school in an adjacent school district that has available space,
138	and that school district shall accept the student and report the
139	student for purposes of the school district's funding under the
140	Florida Education Finance Program.
141	(d)  For a student in the school district who participates
142	in the Reading Compact Scholarship Program whose parent requests
143	that the student take the statewide assessments under s.
144	1008.22, the school district shall provide locations and times
145	to take all statewide assessments.
146	(6)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The department
147	shall:
148	(a)  Establish a toll-free hotline that provides parents
149	and private schools with information on participation in the
150	Reading Compact Scholarship Program.
151	(b)  Establish a process by which individuals may notify
152	the department of any violation by a parent, private school, or
153	school district of state laws relating to program participation.
154	The department shall conduct an investigation of any written
155	complaint of a violation of this section, or make a referral to
156	the appropriate agency for an investigation, if the complaint is
157	signed by the complainant and is legally sufficient. A complaint
158	is legally sufficient if it contains ultimate facts that show
159	that a violation of this section or any rule adopted by the
160	State Board of Education has occurred. In order to determine
161	legal sufficiency, the department may require supporting
162	information or documentation from the complainant.
163	(c)  Require an annual, notarized, sworn compliance
164	statement by participating private schools certifying compliance
165	with state laws and shall retain such records.
166	(d)  Cross-check the list of participating scholarship
167	students with the public school enrollment lists prior to the
168	first scholarship payment to avoid duplication.
169	(e)  Identify all nationally norm-referenced tests that are
170	comparable to the norm-referenced test portions of the Florida
171	Comprehensive Assessment Test (FCAT).
172	(f)  Select an independent private research organization to
173	which participating private schools must report the scores of
174	participating students on the nationally norm-referenced tests
175	administered by the private school. The independent private
176	research organization must annually report to the department on
177	the year-to-year improvements of participating students. The
178	independent private research organization must analyze and
179	report student performance data in a manner that protects the
180	rights of students and parents as mandated in 20 U.S.C. s.
181	1232g, the Family Educational Rights and Privacy Act, and must
182	not disaggregate data to a level that will disclose the academic
183	level of individuals or of individual schools. To the extent
184	possible, the independent private research organization must
185	accumulate historical performance data on students from the
186	department and private schools to describe baseline performance
187	and to conduct longitudinal studies. To minimize costs and
188	reduce time required for third-party analysis and evaluation,
189	the department shall conduct analyses of matched students from
190	public school assessment data and calculate control group
191	learning gains using an agreed-upon methodology outlined in the
192	contract with the third-party evaluator. The sharing of student
193	data must be in accordance with the requirements of 20 U.S.C. s.
194	1232g, the Family Educational Rights and Privacy Act, and shall
195	be for the sole purpose of conducting the evaluation. All
196	parties must preserve the confidentiality of such information as
197	otherwise required by state and federal law.
198	(7)  COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.--
199	(a)  The Commissioner of Education shall deny, suspend, or
200	revoke a private school's participation in the scholarship
201	program if it is determined that the private school has failed
202	to comply with the provisions of this section. However, in
203	instances in which the noncompliance is correctable within a
204	reasonable amount of time and in which the health, safety, and
205	welfare of the students are not threatened, the commissioner may
206	issue a notice of noncompliance which shall provide the private
207	school with a timeframe within which to provide evidence of
208	compliance prior to taking action to suspend or revoke the
209	private school's participation in the scholarship program.
210	(b)  The commissioner's determination is subject to the
211	following:
212	1.  If the commissioner intends to deny, suspend, or revoke
213	a private school's participation in the scholarship program, the
214	department shall notify the private school of such proposed
215	action in writing by certified mail and regular mail to the
216	private school's address of record with the department. The
217	notification shall include the reasons for the proposed action
218	and notice of the timelines and procedures set forth in this
219	paragraph.
220	2.  The private school that is adversely affected by the
221	proposed action shall have 15 days from the receipt of the
222	notice of proposed action to file with the department's agency
223	clerk a request for a proceeding pursuant to ss. 120.569 and
224	120.57. If the private school is entitled to a hearing under s.
225	120.57(1), the department shall forward the request to the
226	Division of Administrative Hearings.
227	3.  Upon receipt of a request referred pursuant to this
228	paragraph, the director of the Division of Administrative
229	Hearings shall expedite the hearing and assign an administrative
230	law judge who shall commence a hearing within 30 days after the
231	receipt of the formal written request by the division and enter
232	a recommended order within 30 days after the hearing or within
233	30 days after receipt of the hearing transcript, whichever is
234	later. Each party shall be allowed 10 days in which to submit
235	written exceptions to the recommended order. A final order shall
236	be entered by the agency within 30 days after the entry of a
237	recommended order. The provisions of this subparagraph may be
238	waived upon stipulation by all parties.
239	(c)  The commissioner may immediately suspend payment if it
240	is determined that there is probable cause to believe that there
241	is:
242	1.  An imminent threat to the health, safety, and welfare
243	of the students; or
244	2.  Fraudulent activity on the part of the private school.
245
246	The commissioner's order suspending payment pursuant to this
247	paragraph may be appealed pursuant to the same procedures and
248	timelines as the notice of proposed action set forth in
249	paragraph (b).
250	(8)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be
251	eligible to participate in the Reading Compact Scholarship
252	Program, a private school may be sectarian or nonsectarian and
253	must:
254	(a)  Comply with all applicable requirements for private
255	schools participating in state school choice programs pursuant
256	to s. 1002.421.
257	(b)  Provide the department all documentation required for
258	the student's participation, including the private school's and
259	student's fee schedules, at least 30 days before the first
260	quarterly scholarship payment is made for the student.
261	(c)  Be academically accountable to the parent for meeting
262	the educational needs of the student by:
263	1.  At a minimum, annually providing to the parent a
264	written explanation of the student's progress.
265	2.  Annually administering or making provision for students
266	participating in the scholarship program to take one of the
267	nationally norm-referenced tests identified by the department.
268	Students with disabilities for whom standardized testing is not
269	appropriate are exempt from this requirement. A participating
270	private school must report a student's scores to the parent and
271	to the independent private research organization selected by the
272	department pursuant to paragraph (6)(f).
273	3.  Cooperating with the scholarship student whose parent
274	chooses to participate in the statewide assessments pursuant to
275	s. 1008.22.
276
277	The inability of a private school to meet the requirements of
278	this subsection shall constitute a basis for the ineligibility
279	of the private school to participate in the scholarship program
280	as determined by the department.
281	(9)  PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
282	PARTICIPATION.--A parent who applies for a Reading Compact
283	Scholarship is exercising his or her parental option to place
284	his or her child in a private school.
285	(a)  The parent must select the private school and apply
286	for the admission of his or her child.
287	(b)  The parent must have requested the scholarship at
288	least 60 days prior to the date of the first scholarship
289	payment.
290	(c)  Any student participating in the Reading Compact
291	Scholarship Program must remain in attendance throughout the
292	school year, unless excused by the school for illness or other
293	good cause.
294	(d)  Each parent and each student has an obligation to the
295	private school to comply with the private school's published
296	policies.
297	(e)  The parent shall ensure that the student participating
298	in the scholarship program takes the norm-referenced assessment
299	offered by the private school. The parent may also choose to
300	have the student participate in the statewide assessments
301	pursuant to s. 1008.22. If the parent requests that the student
302	participating in the scholarship program take statewide
303	assessments pursuant to s. 1008.22, the parent is responsible
304	for transporting the student to the assessment site designated
305	by the school district.
306	(f)  Upon receipt of a scholarship warrant, the parent to
307	whom the warrant is made must restrictively endorse the warrant
308	to the private school for deposit into the account of the
309	private school. The parent may not designate any entity or
310	individual associated with the participating private school as
311	the parent's attorney in fact to sign a scholarship warrant. A
312	participant who fails to comply with this paragraph forfeits the
313	scholarship.
314	(10)  READING COMPACT SCHOLARSHIP FUNDING AND PAYMENT.--
315	(a)  The maximum Reading Compact Scholarship granted for an
316	eligible student shall be a calculated amount equivalent to the
317	base student allocation in the Florida Education Finance Program
318	multiplied by the appropriate cost factor for the educational
319	program that would have been provided for the student in the
320	district school to which he or she was assigned, multiplied by
321	the district cost differential. In addition, the calculated
322	amount shall include the per-student share of instructional
323	materials funds, technology funds, and other categorical funds
324	as provided for this purpose in the General Appropriations Act.
325	(b)  The amount of the Reading Compact Scholarship shall be
326	the calculated amount or the amount of the private school's
327	tuition and fees, whichever is less. Fees eligible shall include
328	textbook fees, lab fees, and other fees related to instruction,
329	including transportation.
330	(c)  The school district shall report all students who are
331	attending a private school under this scholarship program. The
332	students attending private schools on Reading Compact
333	Scholarships shall be reported separately from those students
334	reported for purposes of the Florida Education Finance Program.
335	(d)  A public or private school that provides services to
336	students with disabilities shall receive the weighted funding
337	for such services at the appropriate funding level consistent
338	with the provisions of s. 1011.62(1)(e).
339	(e)  For purposes of calculating the Reading Compact
340	Scholarship, a student shall be eligible for the amount of the
341	appropriate basic cost factor if:
342	1.  The student currently participates in a Group 1 program
343	funded at the basic cost factor and is not subsequently
344	identified as having a disability; or
345	2.  The student currently participates in a Group 2 program
346	and the parent has chosen a private school that does not provide
347	the additional services funded by a Group 2 program.
348	(f)  Following notification on July 1, September 1,
349	December 1, or February 1 of the number of scholarship program
350	participants, the department shall transfer, from General
351	Revenue funds only, the calculated amount from the Florida
352	Education Finance Program and authorized categorical accounts to
353	a separate account for the Reading Compact Scholarship Program
354	for quarterly disbursement to the parents of participating
355	students. When a student enters the scholarship program, the
356	department must receive all documentation required for the
357	student's participation, including the private school's and
358	student's fee schedules, at least 30 days before the first
359	quarterly scholarship payment is made for the student.
360	(g)  The Chief Financial Officer shall make Reading Compact
361	Scholarship payments in four equal amounts no later than
362	September 1, November 1, February 1, and April 1 of each
363	academic year in which the Reading Compact Scholarship is in
364	force. The initial payment shall be made after department
365	verification of admission acceptance, and subsequent payments
366	shall be made upon verification of continued enrollment and
367	attendance at the private school. Payment must be by individual
368	warrant made payable to the student's parent and mailed by the
369	department to the private school of the parent's choice, and the
370	parent shall restrictively endorse the warrant to the private
371	school.
372	(h)  Subsequent to each scholarship payment, the Department
373	of Financial Services shall randomly review endorsed warrants to
374	confirm compliance with endorsement requirements. The Department
375	of Financial Services shall immediately report inconsistencies
376	or irregularities to the department.
377	(11)  LIABILITY.--No liability shall arise on the part of
378	the state based on the award or use of a Reading Compact
379	Scholarship.
380	(12)  WAIVER.--In the event of an act of God, the State
381	Board of Education shall have the authority to waive any
382	deadlines to effectuate the purposes of the scholarship program.
383	(13)  SCOPE OF AUTHORITY.--The inclusion of eligible
384	private schools within options available to Florida public
385	school students does not expand the regulatory authority of the
386	state, its officers, or any school district to impose any
387	additional regulation of private schools beyond those reasonably
388	necessary to enforce requirements expressly set forth in this
389	section.
390	(14) RULES.--The State Board of Education shall adopt rules
391	pursuant to ss. 120.536(1) and 120.54 to administer this
392	section. Rules shall include penalties for noncompliance with
393	subsections (8) and (9).
394	Section 2.  Section 1002.421, Florida Statutes, is created
395	to read:
396	1002.421  Rights and obligations of private schools
397	participating in state school choice scholarship
398	programs.--Requirements of this section are in addition to
399	private school requirements outlined in s. 1002.42, specific
400	requirements identified within respective scholarship program
401	laws, and other provisions of Florida law that apply to private
402	schools.
403	(1)  A Florida private school participating in the
404	Corporate Income Tax Credit Scholarship Program established
405	pursuant to s. 220.187 or an educational scholarship program
406	established pursuant to this chapter must comply with all
407	requirements of this section.
408	(2)  A private school participating in a scholarship
409	program must be a Florida private school as defined in s.
410	1002.01(2) and must:
411	(a)  Be a registered Florida private school in accordance
412	with s. 1002.42.
413	(b)  Comply with antidiscrimination provisions of 42 U.S.C.
414	s. 2000d.
415	(c)  Notify the department of its intent to participate in
416	a scholarship program.
417	(d)  Notify the department of any change in the school's
418	name, school director, mailing address, or physical location
419	within 15 days after the change.
420	(e)  Complete student enrollment and attendance
421	verification requirements, including use of an on-line
422	attendance verification form, prior to scholarship payment.
423	(f)  Annually complete and submit to the department a
424	notarized scholarship compliance statement certifying compliance
425	with state laws relating to private school participation in the
426	scholarship program.
427	(g)  Demonstrate fiscal soundness and accountability by:
428	1.  Being in operation for at least 3 school years or
429	obtaining a surety bond or letter of credit for the amount equal
430	to the scholarship funds for any quarter and filing the surety
431	bond or letter of credit with the department.
432	2.  Requiring the parent of each scholarship student to
433	personally restrictively endorse the scholarship warrant to the
434	school. The school may not act as attorney in fact for the
435	parent of a scholarship student under the authority of a power
436	of attorney executed by such parent, or under any other
437	authority, to endorse scholarship warrants on behalf of such
438	parent.
439	(h)  Meet applicable state and local health, safety, and
440	welfare laws, codes, and rules, including:
441	1.  Fire safety.
442	2.  Building safety.
443	(i)  Employ or contract with teachers who hold
444	baccalaureate or higher degrees, have at least 3 years of
445	teaching experience in public or private schools, or have
446	special skills, knowledge, or expertise that qualifies them to
447	provide instruction in subjects taught.
448	(j)  Require each individual with direct student contact
449	with a scholarship student to be of good moral character, to be
450	subject to the level 1 background screening as provided under
451	chapter 435, to be denied employment or terminated if required
452	under s. 435.06, and not to be ineligible to teach in a public
453	school because his or her educator certificate is suspended or
454	revoked. For purposes of this paragraph:
455	1.  An "individual with direct student contact" means any
456	individual who has unsupervised access to a scholarship student
457	for whom the private school is responsible.
458	2.  The costs of fingerprinting and the background check
459	shall not be borne by the state.
460	3.  Continued employment of an individual after
461	notification that the individual has failed the level 1
462	background screening shall cause a private school to be
463	ineligible for participation in a scholarship program.
464	4.  An individual holding a valid Florida teaching
465	certificate who has been fingerprinted pursuant to s. 1012.32
466	shall not be required to comply with the provisions of this
467	paragraph.
468	(3)  The inability of a private school to meet the
469	requirements of this section shall constitute a basis for the
470	ineligibility of the private school to participate in a
471	scholarship program as determined by the department.
472	(4)(a)  The State Board of Education shall adopt rules
473	pursuant to ss. 120.536(1) and 120.54 to administer this
474	section.
475	(b)  The inclusion of eligible private schools within
476	options available to Florida public school students does not
477	expand the regulatory authority of the state, its officers, or
478	any school district to impose any additional regulation of
479	private schools beyond those reasonably necessary to enforce
480	requirements expressly set forth in this section.
481	Section 3.  Paragraphs (a) and (b) of subsection (6) of
482	section 1002.20, Florida Statutes, are amended to read:
483	1002.20  K-12 student and parent rights.--Parents of public
484	school students must receive accurate and timely information
485	regarding their child's academic progress and must be informed
486	of ways they can help their child to succeed in school. K-12
487	students and their parents are afforded numerous statutory
488	rights including, but not limited to, the following:
489	(6)  EDUCATIONAL CHOICE.--
490	(a)  Public school choices.--Parents of public school
491	students may seek whatever public school choice options that are
492	applicable to their students and are available to students in
493	their school districts. These options may include controlled
494	open enrollment, lab schools, charter schools, charter technical
495	career centers, magnet schools, alternative schools, special
496	programs, advanced placement, dual enrollment, International
497	Baccalaureate, early admissions, credit by examination or
498	demonstration of competency, the New World School of the Arts,
499	the Florida School for the Deaf and the Blind, and the Florida
500	Virtual School. These options may also include the public school
501	choice options of the Opportunity Scholarship Program, and the
502	McKay Scholarships for Students with Disabilities Program, and
503	the Reading Compact Scholarship Program.
504	(b)  Private school choices.--Parents of public school
505	students may seek private school choice options under certain
506	programs.
507	1.  Under the Opportunity Scholarship Program, the parent
508	of a student in a failing public school may request and receive
509	an opportunity scholarship for the student to attend a private
510	school in accordance with the provisions of s. 1002.38.
511	2.  Under the McKay Scholarships for Students with
512	Disabilities Program, the parent of a public school student with
513	a disability who is dissatisfied with the student's progress may
514	request and receive a McKay Scholarship for the student to
515	attend a private school in accordance with the provisions of s.
516	1002.39.
517	3.  Under the corporate income tax credit scholarship
518	program, the parent of a student who qualifies for free or
519	reduced-price school lunch may seek a scholarship from an
520	eligible nonprofit scholarship-funding organization in
521	accordance with the provisions of s. 220.187.
522	4.  Under the Reading Compact Scholarship Program, the
523	parent of a student with reading deficiencies may request and
524	receive a Reading Compact Scholarship for the student to attend
525	a private school in accordance with the provisions of s.
526	1002.385.
527	Section 4.  This act shall take effect July 1, 2005.

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