Amendment
Bill No. 6007
Amendment No. 049901
CHAMBER ACTION
Senate House
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1Representative(s) Attkisson offered the following:
2
3     Substitute Amendment for Amendment (939959) (with title
4amendment)
5Between line(s) 1005 and 1006 insert:
6     Section 11.  Section 1002.395, Florida Statutes, is created
7to read:
8     1002.395  K-12 GI Bill Program.--
9     (1)  DEFINITIONS.--For purposes of this section:
10     (a)  The term "active-duty member" means an active-duty
11member of the Florida National Guard who is serving in Operation
12Enduring Freedom or Operation Iraqi Freedom.
13     (b)  The term "dependent" means a dependent of an active-
14duty member of the Florida National Guard who is serving in
15Operation Enduring Freedom or Operation Iraqi Freedom.
16     (2)  PURPOSE.--The purpose of this section is to:
17     (a)  Recognize, honor, and reward the courage and
18sacrifices made by an active-duty member of the Florida National
19Guard who is serving in Operation Enduring Freedom or Operation
20Iraqi Freedom, and his or her family.
21     (b)  Expand educational opportunities for children who are
22dependents of an active-duty member.
23     (c)  Provide a new benefit to an active-duty member by
24giving such an individual the option to choose his or her
25children's education.
26     (3)  THE K-12 GI BILL PROGRAM.--The K-12 GI Bill Program is
27established as a benefit to an active-duty member which provides
28the option for his or her dependents to attend a public school
29in the school district other than the one to which assigned, to
30receive a K-12 GI Bill to attend a public school in an adjacent
31school district, or to receive a K-12 GI Bill to attend an
32eligible private school of his or her choice.
33     (4)  K-12 GI BILL ELIGIBILITY.--The parent of a student who
34is a dependent of an active-duty member may request and receive
35from the state a K-12 GI Bill for the child to enroll in and
36attend an eligible private school if the parent has notified the
37school district that the student is a dependent of an active-
38duty member; has obtained acceptance for admission of the
39student to a private school that is eligible for the program
40under subsection (7); and has notified the school district of
41the request for a K-12 GI Bill at least 60 days before the date
42of the first K-12 GI Bill payment. The parental notification
43must be through a communication directly to the district or
44through the Department of Education to the district in a manner
45that creates a written or electronic record of the notification
46and the date of receipt of the notification. A dependent child
47of an active-duty member is not required to have been enrolled
48and reported by a school district for funding during the
49preceding October and February Florida Education Finance Program
50surveys in kindergarten through grade 12, in order to be
51eligible to receive a scholarship. This section does not apply
52to a student who is enrolled in a school operating for the
53purpose of providing educational services to youth in a
54commitment program of the Department of Juvenile Justice. For
55purposes of continuity of educational choice, the K-12 GI Bill
56shall remain in force until the student returns to a public
57school or graduates from high school. However, at any time, the
58student's parent may remove the student from the private school
59and place the student in another private school that is eligible
60to provide educational opportunities for students whose families
61choose to use a K-12 GI Bill under subsection (7) or may place
62the student in a public school as provided in subsection (6).
63     (5)  K-12 GI BILL PROHIBITIONS.--A student is not eligible
64for a K-12 GI Bill if he or she is:
65     (a)  Enrolled in a school operating for the purpose of
66providing educational services to youth in Department of
67Juvenile Justice commitment programs.
68     (b)  Receiving a scholarship from an eligible nonprofit
69scholarship-funding organization under s. 220.187.
70     (c)  Receiving an educational scholarship pursuant to this
71chapter.
72     (d)  Participating in a home education program as defined
73in s. 1002.01(1).
74     (e)  Participating in a private tutoring program pursuant
75to s. 1002.43.
76     (f)  Participating in a virtual school, correspondence
77school, or distance learning program that receives state funding
78pursuant to the student's participation.
79     (6)  SCHOOL DISTRICT OBLIGATIONS.--
80     (a)  A school district shall timely notify the parent of
81each student who the school district has knowledge is a
82dependent of an active-duty member of all options available
83under this section and shall offer that student's parent an
84opportunity to enroll the student in another public school
85within the district. The parent is not required to accept this
86offer in lieu of requesting a K-12 GI Bill for the student to
87attend a public school in an adjacent school district or to
88attend a private school. However, if the parent chooses to
89enroll the student in another public school within the district,
90the student may continue attending the public school chosen by
91the parent until the student graduates from high school. The
92option set forth in this paragraph may be exercised only on a
93space-available basis. However, a student who is the dependent
94of a parent on active-duty shall be given first priority, except
95that this option is not available if exercising the option would
96result in a violation of the constitutional class-size
97requirements. If the parent chooses a public school consistent
98with the district school board's choice plan under s. 1002.31,
99the school district shall provide transportation to the public
100school selected by the parent. The parent is responsible to
101provide transportation to a chosen public school that is not
102consistent with the district school board's plan under s.
1031002.31.
104     (b)  The parent of a student may choose, as an alternative,
105to enroll the student in and transport the student to a public
106school in an adjacent school district which has available space,
107and that school district shall accept the student and report the
108student for purposes of the district's funding under the Florida
109Education Finance Program.
110     (c)  For a student in the school district who participates
111in the K-12 GI Bill Program whose parent requests that the
112student take the statewide assessments under s. 1008.22, the
113district shall provide locations and times to take all statewide
114assessments.
115     (d)  A school district must notify the Department of
116Education within 10 days after it receives notification of a
117parent's intent to apply for a student to receive a K-12 GI
118Bill.
119     (7)  PRIVATE SCHOOL ELIGIBILITY.--To be eligible to provide
120educational opportunities for students whose families choose to
121use a K-12 GI Bill, a private school must be a Florida private
122school, may be sectarian or nonsectarian, and must:
123     (a)  Demonstrate fiscal soundness by being in operation for
124at least 2 school years or file with the Department of Education
125a surety bond or letter of credit for the amount equal to the K-
12612 GI Bill funds for each quarter.
127     (b)  Notify the Department of Education of its intent to
128provide educational opportunities for students whose families
129choose to use a K-12 GI Bill. The notice must specify the grade
130levels and services that the private school has available for
131students attending on a K-12 GI Bill.
132     (c)  Comply with the antidiscrimination provisions of 42
133U.S.C. s. 2000d.
134     (d)  Meet state and local health and safety laws and codes.
135     (e)  Be academically accountable to the parent for meeting
136the educational needs of the student.
137     (f)  Employ or contract with teachers who hold
138baccalaureate or higher degrees, have at least 3 years of
139teaching experience in public or private schools, or have
140special skills, knowledge, or expertise that qualifies them to
141provide instruction in subjects taught.
142     (g)  Comply with all state laws relating to general
143regulation of private schools.
144     (h)  Adhere to the tenets of its published disciplinary
145procedures before expelling a student who is attending the
146school on a K-12 GI Bill.
147     (i)  Require each individual with direct student contact
148with a scholarship student to be of good moral character, to be
149subject to the level 1 background screening as provided under
150chapter 435, to be denied employment or terminated if required
151under s. 435.06, and not to be ineligible to teach in a public
152school because his or her educator certificate is suspended or
153revoked. For purposes of this paragraph:
154     1.  An "individual with direct student contact" means any
155individual who has unsupervised access to a scholarship student
156for whom the private school is responsible.
157     2.  The costs of fingerprinting and the background check
158shall not be borne by the state.
159     3.  Continued employment of an individual after
160notification that the individual has failed the level 1
161background screening shall cause a private school to be
162ineligible for participation in the scholarship program.
163     4.  An individual holding a valid Florida teaching
164certificate who has been fingerprinted pursuant to s. 1012.32
165shall not be required to comply with the provisions of this
166paragraph.
167     (j)  Annually administer or make provision for students
168participating in the program to take one of the nationally norm-
169referenced tests identified by the department. Students with
170disabilities for whom standardized testing is not appropriate
171are exempt from this requirement. A participating private school
172must report a student's scores to the parent and to the
173independent private research organization selected by the
174department.
175     (8)  OBLIGATION OF FAMILIES CHOOSING TO USE A K-12 GI
176BILL.--
177     (a)  A parent who applies for a K-12 GI Bill to enable his
178or her child to attend a private school is exercising his or her
179parental option to place his or her child in a private school.
180The parent must select the private school and apply for the
181admission of his or her child.
182     (b)  If the parent chooses the private-school option and
183the student is accepted by the private school pending the
184availability of a space for the student, the parent of the
185student must notify the school district at least 60 days before
186the date of the first K-12 GI Bill payment and before the
187student enters the private school in order to be eligible for
188the K-12 GI Bill when a space becomes available for the student
189in the private school.
190     (c)  Any student attending a private school on a K-12 GI
191Bill must remain in attendance throughout the school year,
192unless excused by the school for illness or other good cause,
193and must comply fully with the school's code of conduct.
194     (d)  The parent of each student attending a private school
195on a K-12 GI Bill must comply fully with the private school's
196parental-involvement requirements unless excused by the school
197for illness or other good cause.
198     (e)  If the parent requests that the student attending a
199private school on a K-12 GI Bill take all statewide assessments
200required pursuant to s. 1008.22, the parent is responsible for
201transporting the student to the assessment site designated by
202the school district.
203     (f)  The parent shall ensure that the student participating
204in the program takes the norm-referenced assessment offered by
205the private school. The parent may also choose to have the
206student participate in the statewide assessments pursuant to s.
2071008.22. If the parent requests that the student take statewide
208assessments pursuant to s. 1008.22, the parent is responsible
209for transporting the student to the assessment site designated
210by the school district.
211     (g)  Upon receipt of a K-12 GI Bill warrant, the parent to
212whom the warrant is made must restrictively endorse the warrant
213to the private school for deposit into the account of the
214private school.
215     (h)  Any failure to comply with this subsection results in
216forfeiture of the K-12 GI Bill.
217     (9)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The department
218shall:
219     (a)  Annually verify the eligibility of private schools
220that meet the requirements of subsection (7).
221     (b)  Establish a toll-free hotline that provides parents
222and private schools with information on participation in the K-
22312 GI Bill Program.
224     (c)  Establish a process by which individuals may notify
225the department of any violation by a parent, private school, or
226school district of state laws relating to program participation.
227The department shall conduct an investigation of any written
228complaint of a violation of this section, or make a referral to
229the appropriate agency for investigation, if the complaint is
230signed by the complainant and is legally sufficient. A complaint
231is legally sufficient if it contains ultimate facts that show
232that a violation of this section or any rule adopted by the
233State Board of Education has occurred. In order to determine
234legal sufficiency, the department may require supporting
235information or documentation from the complainant.
236     (d)  Require an annual, notarized, sworn compliance
237statement by participating private schools certifying compliance
238with state laws and shall retain such records.
239     (e)  Cross-check the list of participating students with
240the public school enrollment lists prior to the first payment to
241avoid duplication.
242     (f)  Identify all nationally norm-referenced tests that are
243comparable to the norm-referenced test portions of the Florida
244Comprehensive Assessment Test(FCAT).
245     (g)  Select an independent private research organization to
246which participating private schools must report the scores of
247participating students on the nationally norm-referenced tests
248administered by the private school. The independent private
249research organization must annually report to the department on
250the year-to-year improvements of the participating students. The
251independent private research organization must analyze and
252report student performance data in a manner that protects the
253rights of students and parents as mandated in 20 U.S.C. s.
2541232g, the Family Educational Rights and Privacy Act, and must
255not disaggregate data to a level that will disclose the academic
256level of individual students or of individual schools. To the
257extent possible, the independent private research organization
258must accumulate historical performance data on students from the
259department and private schools to describe baseline performance
260and to conduct longitudinal studies. To minimize costs and
261reduce time required for third-party analysis and evaluation,
262the department shall conduct analyses of matched students from
263public school assessment data and calculate control group
264learning gains using an agreed-upon methodology outlined in the
265contract with the third-party evaluator. The sharing of student
266data must be in accordance with requirements of 20 U.S.C. s.
2671232g, the Family Educational Rights and Privacy Act, and shall
268be for the sole purpose of conducting the evaluation. All
269parties must preserve the confidentiality of such information as
270required by law.
271     (10)  COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.-
272     (a)  The Commissioner of Education shall deny, suspend, or
273revoke a private school's participation in the program if it is
274determined that the private school has failed to comply with the
275provisions of this section. However, if the noncompliance is
276correctable within a reasonable amount of time and if the
277health, safety, and welfare of the students are not threatened,
278the commissioner may issue a notice of noncompliance which shall
279provide the private school with a timeframe within which to
280provide evidence of compliance prior to taking action to suspend
281or revoke the private school's participation in the program.
282     (b)  The commissioner's determination is subject to the
283following:
284     1.  If the commissioner intends to deny, suspend, or revoke
285a private school's participation in the program, the department
286shall notify the private school of such proposed action in
287writing by certified mail and regular mailto the private
288school's address of record with the department. The notification
289shall include the reasons for the proposed action and notice of
290the timelines and procedures set forth in this paragraph.
291     2.  The private school that is adversely affected by the
292proposed action shall have 15 days after receipt of the notice
293of proposed action to file with the department's agency clerk a
294request for a proceeding pursuant to ss.120.569 and 120.57. If
295the private school is entitled to a hearing under s. 120.57(1),
296the department shall forward the request to the Division of
297Administrative Hearings.
298     3.  Upon receipt of a request referred pursuant to this
299paragraph, the director of the Division of Administrative
300Hearings shall expedite the hearing and assign an administrative
301law judge who shall commence a hearing within 30days after the
302receipt of the formal written request by the division and enter
303a recommended order within 30 days after the hearing or within
30430 days after receipt of the hearing transcript, whichever is
305later. Each party shall be allowed 10 days in which to submit
306written exceptions to the recommended order. A final order shall
307be entered by the agency within 30 days after the entry of a
308recommended order. The provisions of this subparagraph may be
309waived upon stipulation by all parties.
310     (c)  The commissioner may immediately suspend payment if it
311is determined that there is probable cause to believe that there
312is:
313     1.  An imminent threat to the health, safety, and welfare
314of the students; or
315     2.  Fraudulent activity on the part of the private school.
316
317The commissioner's order suspending payment pursuant to this
318paragraph may be appealed pursuant to the same procedures and
319timelines as the notice of proposed action set forth in
320paragraph (b).
321     (11)  K-12 GI BILL FUNDING AND PAYMENT.--
322     (a)  The amount of a K-12 GI Bill provided to any child for
323any single school year may not exceed the following annual
324limits:
325     1.  Three thousand six hundred dollars or the amount of
326tuition and fees, whichever is less, for a K-12 GI Bill awarded
327to a student enrolled in an eligible private school.
328     2.  Five hundred dollars, or the amount of transportation
329expenses, whichever is less, for a K-12 GI Bill awarded to a
330student enrolled in a Florida public school that is located
331outside the school district in which the student resides.
332     (b)  If a participating private school requires partial
333payment of tuition before the start of the academic year to
334reserve space for students admitted to the school, that partial
335payment may be paid by the Department of Education before the
336first quarterly payment of the year in which the K-12 GI Bill is
337awarded, up to a maximum of $1,000, and deducted from subsequent
338K-12 GI Bill payments. If a student decides not to attend the
339participating private school, the participating private school
340must return the partial reservation payment to the Department of
341Education. There is a limit of one reservation payment per
342student per year.
343     (c)  The school district shall report all students who are
344attending a private school on a K-12 GI Bill. The students
345attending private schools on K-12 GI Bills shall be reported
346separately from other students reported for purposes of the
347Florida Education Finance Program.
348     (d)  Following notification on July 1, September 1,
349December 1, or February 1 of the number of students attending
350private schools on K-12 GI Bills, the Department of Education
351shall transfer, from general revenue funds only, the amount of
352the K-12 GI Bills from the school district's total funding
353entitlement under the Florida Education Finance Program to a
354separate account for the K-12 GI Bills for quarterly
355disbursement to the parents of K-12 GI Bill students. For
356purposes of this paragraph, the term school district means the
357school district in which the parent resides at the time of the
358scholarship request. When a student enters a private school on a
359K-12 GI Bill, the Department of Education must receive all
360documentation required for the student's K-12 GI Bill, including
361the private school's and student's fee schedules, at least 30
362days before the first quarterly K-12 GI Bill payment is made for
363the student. The Department of Education may not make any
364retroactive payments.
365     (e)  Upon proper documentation reviewed and approved by the
366Department of Education, the Chief Financial Officer shall make
367K-12 GI Bill payments in four equal amounts no later than
368September 1, November 1, February 1, and April 15 of each
369academic year in which the K-12 GI Bill is in force. The initial
370payment for attendance at a private school shall be made after
371Department of Education verification of admission acceptance,
372and subsequent payments shall be made upon verification of
373continued enrollment and attendance at the private school.
374Payment must be by individual warrant made payable to the
375student's parent and mailed by the Department of Education to
376the private school of the parent's choice, and the parent shall
377restrictively endorse the warrant to the private school for
378deposit into the account of the private school.
379     (f)  Subsequent to each payment, the Department of
380Financial Services shall randomly review endorsed warrants to
381confirm compliance with endorsement requirements. The Department
382of Financial Services shall immediately report inconsistencies
383or irregularities to the department.
384     (12)  LIABILITY.--The state is not liable for any loss
385based on the award or use of a K-12 GI Bill.
386     (13)  WAIVER OF DEADLINES.--In the event of an act of God,
387which means an act occasioned exclusively by violence of nature
388without the interference of any human agency, the State Board of
389Education is authorized to waive any deadlines to effectuate the
390purposes of the K-12 GI Bill.
391     (14)  RULES.--The State Board of Education may adopt rules
392under ss. 120.536(1) and 120.54 to administer this section.
393However, the inclusion of eligible private schools within
394options available to Florida public school students does not
395expand the regulatory authority of the state, its officers, or
396any school district to impose any additional regulation of
397private schools beyond those reasonably necessary to enforce
398requirements expressly set forth in this section.
399     Section 12.  Paragraphs (a) and (b) of subsection (6) of
400section 1002.20, Florida Statutes, are amended to read:
401     1002.20  K-12 student and parent rights.--Parents of public
402school students must receive accurate and timely information
403regarding their child's academic progress and must be informed
404of ways they can help their child to succeed in school. K-12
405students and their parents are afforded numerous statutory
406rights including, but not limited to, the following:
407     (6)  EDUCATIONAL CHOICE.--
408     (a)  Public school choices.--Parents of public school
409students may seek whatever public school choice options that are
410applicable to their students and are available to students in
411their school districts. These options may include controlled
412open enrollment, lab schools, charter schools, charter technical
413career centers, magnet schools, alternative schools, special
414programs, advanced placement, dual enrollment, International
415Baccalaureate, early admissions, credit by examination or
416demonstration of competency, the New World School of the Arts,
417the Florida School for the Deaf and the Blind, and the Florida
418Virtual School. These options may also include the public school
419choice options of the Opportunity Scholarship Program, and the
420McKay Scholarships for Students with Disabilities Program, and
421the K-12 GI Bill Program.
422     (b)  Private school choices.--Parents of public school
423students may seek private school choice options under certain
424programs.
425     1.  Under the Opportunity Scholarship Program, the parent
426of a student in a failing public school may request and receive
427an opportunity scholarship for the student to attend a private
428school in accordance with the provisions of s. 1002.38.
429     2.  Under the McKay Scholarships for Students with
430Disabilities Program, the parent of a public school student with
431a disability who is dissatisfied with the student's progress may
432request and receive a McKay Scholarship for the student to
433attend a private school in accordance with the provisions of s.
4341002.39.
435     3.  Under the K-12 GI Bill Program, the parent of a public
436school student who is a dependent of an active-duty member as
437defined in s. 1002.395(1) may request and receive a K-12 GI Bill
438for the student to attend a private school in accordance with s.
4391002.395.
440     4.3.  Under the corporate income tax credit scholarship
441program, the parent of a student who qualifies for free or
442reduced-price school lunch may seek a scholarship from an
443eligible nonprofit scholarship-funding organization in
444accordance with the provisions of s. 220.187.
445
446================ T I T L E  A M E N D M E N T =============
447     Remove line(s) 59 and insert:
448s. 1002.395, F.S.; establishing the K-12 GI Bill Program
449to provide educational options for dependents of an
450active-duty member of the Florida National Guard who is
451serving in Operation Enduring Freedom or Operation Iraqi
452Freedom; providing that a student may attend a public
453school in the school district other than the one to which
454assigned; providing that a student may receive a K-12 GI
455Bill to attend a public school in an adjacent school
456district or to attend a private school; amending s.
4571002.20, F.S., relating to student and parent rights to
458educational choice, to conform; creating s. 1002.421,
459F.S., relating to rights and obligations of


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