Senate Bill sb0584

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    Florida Senate - 2005                                   SB 584

    By Senator Jones





    13-618-05                                            See HB 93

  1                      A bill to be entitled

  2         An act relating to the John M. McKay

  3         Scholarships for Students with Disabilities

  4         Program; amending s. 1002.39, F.S.; excluding

  5         hospitalized or homebound students from

  6         participating in the program; excluding certain

  7         students in Department of Juvenile Justice

  8         commitment programs from participation;

  9         providing requirements for transfer of the

10         amount of the McKay Scholarship for students

11         who exit a Department of Juvenile Justice

12         commitment program and choose to participate in

13         the scholarship program; providing an effective

14         date.

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

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18         Section 1.  Subsections (1) and (2) and paragraph (e)

19  of subsection (6) of section 1002.39, Florida Statutes, are

20  amended to read:

21         1002.39  The John M. McKay Scholarships for Students

22  with Disabilities Program.--There is established a program

23  that is separate and distinct from the Opportunity Scholarship

24  Program and is named the John M. McKay Scholarships for

25  Students with Disabilities Program, pursuant to this section.

26         (1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH

27  DISABILITIES PROGRAM.--The John M. McKay Scholarships for

28  Students with Disabilities Program is established to provide

29  the option to attend a public school other than the one to

30  which assigned, or to provide a scholarship to a private

31  school of choice, for students with disabilities for whom an

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    Florida Senate - 2005                                   SB 584
    13-618-05                                            See HB 93




 1  individual education plan has been written in accordance with

 2  rules of the State Board of Education. For purposes of this

 3  section, students with disabilities include K-12 students who

 4  are mentally handicapped, speech and language impaired, deaf

 5  or hard of hearing, visually impaired, dual sensory impaired,

 6  physically impaired, emotionally handicapped, specific

 7  learning disabled, hospitalized or homebound, or autistic.

 8         (2)  SCHOLARSHIP ELIGIBILITY.--The parent of a public

 9  school student with a disability who is dissatisfied with the

10  student's progress may request and receive from the state a

11  John M. McKay Scholarship for the child to enroll in and

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

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

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

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

16  attendance means that the student was enrolled and reported by

17  a school district for funding during the preceding October and

18  February Florida Education Finance Program surveys in

19  kindergarten through grade 12. However, this paragraph does

20  not apply to a dependent child of a member of the United

21  States Armed Forces who transfers to a school in this state

22  from out of state or from a foreign country pursuant to a

23  parent's permanent change of station orders. A dependent child

24  of a member of the United States Armed Forces who transfers to

25  a school in this state from out of state or from a foreign

26  country pursuant to a parent's permanent change of station

27  orders must meet all other eligibility requirements to

28  participate in the program.

29         (b)  The parent has obtained acceptance for admission

30  of the student to a private school that is eligible for the

31  program under subsection (4) and has notified the school

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    Florida Senate - 2005                                   SB 584
    13-618-05                                            See HB 93




 1  district of the request for a scholarship at least 60 days

 2  prior to the date of the first scholarship payment. The

 3  parental notification must be through a communication directly

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

 5  district in a manner that creates a written or electronic

 6  record of the notification and the date of receipt of the

 7  notification.

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

10  school operating for the purpose of providing educational

11  services to youth in Department of Juvenile Justice commitment

12  programs shall not receive a McKay Scholarship during the

13  period of time that he or she is enrolled in such school. For

14  purposes of continuity of educational choice, the scholarship

15  shall remain in force until the student returns to a public

16  school or graduates from high school. However, at any time,

17  the student's parent may remove the student from the private

18  school and place the student in another private school that is

19  eligible for the program under subsection (4) or in a public

20  school as provided in subsection (3).

21         (6)  SCHOLARSHIP FUNDING AND PAYMENT.--

22         (e)  Following notification on July 1, September 1,

23  December 1, or February 1 of the number of program

24  participants, the Department of Education shall transfer, from

25  General Revenue funds only, the amount calculated under

26  paragraph (b) from the school district's total funding

27  entitlement under the Florida Education Finance Program and

28  from authorized categorical accounts to a separate account for

29  the scholarship program for quarterly disbursement to the

30  parents of participating students. For a student exiting a

31  Department of Juvenile Justice commitment program who chooses

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    Florida Senate - 2005                                   SB 584
    13-618-05                                            See HB 93




 1  to participate in the scholarship program, the amount of the

 2  McKay Scholarship calculated pursuant to paragraph (b) shall

 3  be transferred from the school district in which the student

 4  last attended a public school prior to commitment to the

 5  Department of Juvenile Justice. When a student enters the

 6  scholarship program, the Department of Education must receive

 7  all documentation required for the student's participation,

 8  including the private school's and student's fee schedules, at

 9  least 30 days before the first quarterly scholarship payment

10  is made for the student. The Department of Education may not

11  make any retroactive payments.

12         Section 2.  This act shall take effect July 1, 2005.

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