1 | Representative(s) Sobel offered the following: |
2 |
|
3 | Amendment to Senate Amendment (074810) (with title |
4 | amendment) |
5 | On page 78, between line(s) 15 and 16, |
6 | insert: |
7 | Section 35. Subsections (1), (2), (3), (4), and (5) and |
8 | paragraphs (a), (d), and (e) of subsection (6) of section |
9 | 1002.39, Florida Statutes, are amended, present subsections (7) |
10 | and (8) of that section are redesignated as subsections (9) and |
11 | (10), respectively, and amended, and new subsections (7) and (8) |
12 | are added to that section, to read: |
13 | 1002.39 The John M. McKay Scholarships for Students with |
14 | Disabilities Program.--There is established a program that is |
15 | separate and distinct from the Opportunity Scholarship Program |
16 | and is named the John M. McKay Scholarships for Students with |
17 | Disabilities Program, pursuant to this section. |
18 | (1) THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH |
19 | DISABILITIES PROGRAM.--The John M. McKay Scholarships for |
20 | Students with Disabilities Program is established to provide the |
21 | option to attend a public school other than the one to which |
22 | assigned, or to provide a scholarship to a private school of |
23 | choice, for students with disabilities for whom an individual |
24 | education plan has been written in accordance with rules of the |
25 | State Board of Education. Students with disabilities include K- |
26 | 12 students who are documented as having mental retardation; a |
27 | speech or language impairment; a hearing impairment, including |
28 | deafness; a visual impairment, including blindness; a dual |
29 | sensory impairment; a physical impairment; a serious emotional |
30 | disturbance, including an emotional handicap; a specific |
31 | learning disability, including, but not limited to, dyslexia, |
32 | dyscalculia, or developmental aphasia; a traumatic brain injury; |
33 | or autism mentally handicapped, speech and language impaired, |
34 | deaf or hard of hearing, visually impaired, dual sensory |
35 | impaired, physically impaired, emotionally handicapped, specific |
36 | learning disabled, hospitalized or homebound, or autistic. |
37 | (2) SCHOLARSHIP ELIGIBILITY; PROHIBITIONS.-- |
38 | (a) The parent of a public school student with a |
39 | disability who is dissatisfied with the student's progress may |
40 | request and receive from the state a John M. McKay Scholarship |
41 | for the child to enroll in and attend a private school in |
42 | accordance with this section if: |
43 | 1.(a) By assigned school attendance area or by special |
44 | assignment, the student has spent the prior school year in |
45 | attendance at a Florida public school or the Florida School for |
46 | the Deaf and the Blind. Prior school year in attendance means |
47 | that the student was: |
48 | a. Enrolled and reported by a school district for funding |
49 | during the preceding October and February Florida Education |
50 | Finance Program surveys in kindergarten through grade 12; or. |
51 | b. Enrolled and reported by the Florida School for the |
52 | Deaf and the Blind during the preceding October and February |
53 | student membership surveys in kindergarten through grade 12. |
54 | Prior school year in attendance does not include the period of |
55 | time that the student was enrolled in a school operating for the |
56 | purposes of providing educational services to youth in a |
57 | commitment program of the Department of Juvenile Justice. |
58 | However, this subparagraph paragraph does not apply to a |
59 | dependent child of a member of the United States Armed Forces |
60 | who transfers to a school in this state from out of state or |
61 | from a foreign country pursuant to a parent's permanent change |
62 | of station orders. A dependent child of a member of the United |
63 | States Armed Forces who transfers to a school in this state from |
64 | out of state or from a foreign country pursuant to a parent's |
65 | permanent change of station orders must meet all other |
66 | eligibility requirements to participate in the program. |
67 | 2.(b) The parent has obtained acceptance for admission of |
68 | the student to a private school that is eligible for the program |
69 | under subsection (4) and has notified the Department of |
70 | Education school district of the request for a scholarship at |
71 | least 60 days prior to the date of the first scholarship |
72 | payment. The parental notification must be through a |
73 | communication directly to the district or through the Department |
74 | of Education to the district in a manner that creates a written |
75 | or electronic record of the notification and the date of receipt |
76 | of the notification. The Department of Education must notify the |
77 | district of the parent's intent, upon receipt of the parent's |
78 | notification. |
79 |
|
80 | This section does not apply to a student who is enrolled in a |
81 | school operating for the purpose of providing educational |
82 | services to youth in Department of Juvenile Justice commitment |
83 | programs. For purposes of continuity of educational choice, the |
84 | scholarship shall remain in force until the student returns to a |
85 | public school or graduates from high school or reaches the age |
86 | of 22, whichever occurs first. However, at any time, the |
87 | student's parent may remove the student from the private school |
88 | and place the student in another private school that is eligible |
89 | for the program under subsection (4) or in a public school as |
90 | provided in subsection (3). |
91 | (b) A student is not eligible to receive a scholarship |
92 | under this section if he or she: |
93 | 1. Receives a scholarship from an eligible scholarship- |
94 | funding organization under s. 220.187. |
95 | 2. Receives an opportunity scholarship under s. 1002.38. |
96 | 3. Participates in a home education program as defined in |
97 | s. 1002.01(1). |
98 | 4. Receives instruction from a correspondence school or a |
99 | private tutoring program as described in s. 1002.43, or |
100 | participates in distance learning courses. |
101 | 5. Does not have regular and direct contact with his or |
102 | her private school teachers at the school's physical location. |
103 | 6. Is enrolled in a school operating for the purpose of |
104 | providing educational services to youth in commitment programs |
105 | of the Department of Juvenile Justice. |
106 |
|
107 | Notwithstanding the prohibition set forth in subparagraph 4., a |
108 | student who receives a John M. McKay Scholarship may participate |
109 | in a distance learning course, a private tutoring program, or a |
110 | course offered by a correspondence school, the tuition and other |
111 | costs of which are not paid by scholarship funds provided under |
112 | this section. |
113 | (3) SCHOOL DISTRICT AND DEPARTMENT OF EDUCATION |
114 | OBLIGATIONS.-- |
115 | (a) The Department of Education A school district shall |
116 | timely notify the parent of each public school the student of |
117 | all options available pursuant to this section and offer that |
118 | student's parent an opportunity to enroll the student in another |
119 | public school within the district. The parent is not required to |
120 | accept this offer in lieu of requesting a John M. McKay |
121 | Scholarship to a private school. However, if the parent chooses |
122 | the public school option, the student may continue attending a |
123 | public school chosen by the parent until the student graduates |
124 | from high school. If the parent chooses a public school |
125 | consistent with the district school board's choice plan under s. |
126 | 1002.31, the school district shall provide transportation to the |
127 | public school selected by the parent. The parent is responsible |
128 | to provide transportation to a public school chosen that is not |
129 | consistent with the district school board's choice plan under s. |
130 | 1002.31. For purposes of this paragraph, timely notification |
131 | means notification no later than April 1 of each school year. |
132 | (b)1. For a student with disabilities who does not have a |
133 | matrix of services under s. 1011.62(1)(e), the school district |
134 | must complete a matrix that assigns the student to one of the |
135 | levels of service as they existed prior to the 2000-2001 school |
136 | year. |
137 | 2.a. The school district must complete the matrix of |
138 | services for any student who is participating in the John M. |
139 | McKay Scholarships for Students with Disabilities Program and |
140 | must notify the Department of Education of the student's matrix |
141 | level within 30 days after receiving notification by the |
142 | Department of Education of the parent's the student's parent of |
143 | intent to participate in the scholarship program. The nature and |
144 | intensity of the services indicated in the matrix must be |
145 | consistent with the services described in the student's |
146 | individual education plan. |
147 | b. A school district may change a matrix of services only |
148 | if the change is to: |
149 | (I) Correct a technical, typographical, or calculation |
150 | error; or |
151 | (II) Align the matrix of services with the student's |
152 | individual education plan completed by the public school |
153 | district for use in the public school prior to the student |
154 | enrolling in or attending a private school. |
155 | 3. The Department of Education shall notify the private |
156 | school of the amount of the scholarship within 10 days after |
157 | receiving the school district's notification of the student's |
158 | matrix level. |
159 | 4. Within 10 school days after it receives notification of |
160 | a parent's intent to apply for a McKay Scholarship, a district |
161 | school board must notify the student's parent if the matrix has |
162 | not been completed and provide the parent with the date for |
163 | completion of the matrix required in this paragraph. |
164 | (c) If the parent chooses the private school option and |
165 | the student is accepted by the private school pending the |
166 | availability of a space for the student, the parent of the |
167 | student must notify the Department of Education school district |
168 | 60 days prior to the first scholarship payment and before |
169 | entering the private school in order to be eligible for the |
170 | scholarship when a space becomes available for the student in |
171 | the private school. |
172 | (d) The parent of a student may choose, as an alternative, |
173 | to enroll the student in and transport the student to a public |
174 | school in an adjacent school district which has available space |
175 | and has a program with the services agreed to in the student's |
176 | individual education plan already in place, and that school |
177 | district shall accept the student and report the student to the |
178 | Department of Education for purposes of the district's funding |
179 | pursuant to the Florida Education Finance Program. |
180 | (e) For a student in the district who participates in the |
181 | John M. McKay Scholarships for Students with Disabilities |
182 | Program whose parent requests that the student take the |
183 | statewide assessments under s. 1008.22, the district shall |
184 | provide locations and times to take all statewide assessments. |
185 | (f) A school district must notify The Department of |
186 | Education must notify the school district upon receipt of the |
187 | within 10 days after it receives notification of a parent's |
188 | intent to apply for a scholarship for a student with a |
189 | disability. A school district must provide the student's parent |
190 | with the student's matrix level within 10 school days after its |
191 | completion. |
192 | (g) A school district shall, at least every 3 years, |
193 | provide notification to parents of the availability of a |
194 | reassessment of each student who receives a McKay Scholarship. |
195 | (4) PRIVATE SCHOOL ELIGIBILITY; REGISTRATION; |
196 | PROHIBITIONS.-- |
197 | (a) To be eligible to participate in the John M. McKay |
198 | Scholarships for Students with Disabilities Program, a private |
199 | school must be a Florida private school as defined in s. |
200 | 1002.01(2), may be sectarian or nonsectarian, and must: |
201 | 1.(a) Demonstrate fiscal soundness by being in operation |
202 | for at least 3 school years or obtaining a surety bond or letter |
203 | of credit for the amount equal to the scholarship funds for any |
204 | quarter and filing the surety bond or letter of credit with 1 |
205 | school year or provide the Department of Education. |
206 | 2. Annually register with the Department of Education. |
207 | Each owner or administrator of a private school must provide the |
208 | following information: |
209 | a. The legal business and trade name, mailing address, and |
210 | business location of the private school; |
211 | b. The full name, address, and telephone number of each |
212 | owner or administrator of the private school; and |
213 | c. A notification of the private school's intent to |
214 | participate in the program under this section. The notice must |
215 | specify the grade levels and services that the private school |
216 | has available for students with disabilities who are |
217 | participating in the scholarship program. with a statement by a |
218 | certified public accountant confirming that the private school |
219 | desiring to participate is insured and the owner or owners have |
220 | sufficient capital or credit to operate the school for the |
221 | upcoming year serving the number of students anticipated with |
222 | expected revenues from tuition and other sources that may be |
223 | reasonably expected. In lieu of such a statement, a surety bond |
224 | or letter of credit for the amount equal to the scholarship |
225 | funds for any quarter may be filed with the department. |
226 | (b) Notify the Department of Education of its intent to |
227 | participate in the program under this section. The notice must |
228 | specify the grade levels and services that the private school |
229 | has available for students with disabilities who are |
230 | participating in the scholarship program. |
231 | 3.(c) Comply with the antidiscrimination provisions of 42 |
232 | U.S.C. s. 2000d. |
233 | 4.(d) Meet state and local health and safety laws and |
234 | codes. |
235 | 5.(e) Be academically accountable to the parent for |
236 | meeting the educational needs of the student. |
237 | 6.(f) Employ or contract with teachers who hold |
238 | baccalaureate or higher degrees, or have at least 3 years of |
239 | teaching experience in public or private schools, or have |
240 | special skills, knowledge, or expertise that qualifies them to |
241 | provide instruction in subjects taught. |
242 | 7.(g) Comply with all state laws relating to general |
243 | regulation of private schools, including, but not limited to, s. |
244 | 1002.42. |
245 | 8.(h) Publish and adhere to the tenets of its adopted |
246 | published disciplinary procedures prior to the expulsion of a |
247 | scholarship student. |
248 | 9. Provide the Department of Education with all |
249 | documentation required for each scholarship student's |
250 | participation in the scholarship program, including, but not |
251 | limited to: |
252 | a. The private school's fee schedule, including, but not |
253 | limited to, fees for services, tuition, and instructional |
254 | materials, and each individual scholarship student's schedule of |
255 | fees and charges, at least 30 days before the first quarterly |
256 | scholarship payment is made for the student; and |
257 | b. The enrollment and attendance information, including an |
258 | on-line attendance verification form, for each scholarship |
259 | student at the private school, prior to each scholarship |
260 | payment. |
261 |
|
262 | The on-line attendance form must be documented each quarter by a |
263 | notarized statement that is signed by the private school and the |
264 | parents of each McKay Scholarship student in attendance at the |
265 | private school. The private school must maintain the completed |
266 | notarized statements at the private school for each academic |
267 | year. The completed notarized statements must be open to the |
268 | Department of Education upon request. |
269 | 10. Maintain in this state a physical location where a |
270 | scholarship student regularly attends classes. |
271 | 11.a. Advertise or notify potential McKay Scholarship |
272 | students and parents of the specific types of disabilities |
273 | served by the school, and provide this information to the |
274 | Department of Education. |
275 | b. Review with the parent the student's individual |
276 | education plan. |
277 | 12. Require each McKay Scholarship student to participate |
278 | at least annually in a student assessment which, as determined |
279 | by the private school in consultation with the student's parent |
280 | or guardian, will demonstrate the student's skill level to the |
281 | student's parents. |
282 | 13. Notify the student's parent at least annually about |
283 | the student's skill level on a student assessment that is |
284 | determined by the private school. |
285 | 14. Notify the Department of Education of any change in |
286 | the school's registered name or location prior to any such |
287 | change and notify the Department of Education within 15 days |
288 | after any other change in the registration information submitted |
289 | to the department. |
290 | 15. Notify each local health department within 15 days |
291 | after establishing operations at a physical location or address |
292 | and within 3 days after discovering any ongoing health code |
293 | violation that has not yet been remedied in full. |
294 | 16. Annually complete and file with the Department of |
295 | Education a sworn and notarized compliance statement in a form |
296 | and by a deadline specified in rules adopted by the State Board |
297 | of Education. |
298 | 17. Accept scholarship students on a religion-neutral |
299 | basis. A private school may not discriminate against a student |
300 | on the basis of the religion of the student, the parent, or the |
301 | private school. |
302 | (b) A private school participating in the John M. McKay |
303 | Scholarships for Students with Disabilities Program must ensure |
304 | that all personnel who are hired or contracted to provide |
305 | services to fill positions requiring direct contact with |
306 | students in the private school, and all owners of a private |
307 | school, shall, upon employment, engagement to provide services, |
308 | or assumption of a position of ownership, a position of |
309 | decisionmaking authority, or a position having access to |
310 | scholarship funds, undergo background screening pursuant to s. |
311 | 943.0542 by electronically filing with the Department of Law |
312 | Enforcement a complete set of fingerprints taken by an |
313 | authorized law enforcement agency or an employee of the private |
314 | school, a public school, or a private company who is trained to |
315 | take fingerprints. However, the complete set of fingerprints of |
316 | an owner of an eligible private school may not be taken by the |
317 | owner. These fingerprints must be electronically submitted to |
318 | the Department of Law Enforcement for state processing, which |
319 | shall in turn submit the fingerprints to the Federal Bureau of |
320 | Investigation for federal processing. The private school shall |
321 | screen the background results pursuant to s. 435.04 and timely |
322 | report to the Department of Education any person described in |
323 | this paragraph who fails to meet level 2 screening standards |
324 | pursuant to s. 435.04 or any person described in this paragraph |
325 | who has been convicted of a crime involving moral turpitude. The |
326 | Department of Education shall verify the information reported by |
327 | the private school. Any person described in this paragraph who |
328 | is found through fingerprint processing to have been convicted |
329 | of a crime involving moral turpitude or fails to meet level 2 |
330 | screening standards pursuant to s. 435.04 may not be employed or |
331 | engaged to provide services in any position in the private |
332 | school requiring direct contact with students and may not assume |
333 | an ownership position, a position of decisionmaking authority, |
334 | or a position having access to scholarship funds. The cost of |
335 | the background screening may be borne by the private school, the |
336 | employee, the person engaged to provide services, or the owner. |
337 | 1. Every 5 years each person described in this paragraph |
338 | must meet level 2 screening requirements as described in s. |
339 | 435.04, at which time the private school shall request the |
340 | Department of Law Enforcement pursuant to s. 943.0542 to forward |
341 | the fingerprints to the Federal Bureau of Investigation for |
342 | level 2 screening. If the fingerprints of a person described in |
343 | this paragraph are not retained by the Department of Law |
344 | Enforcement under subparagraph 2., the person must file a |
345 | complete set of fingerprints with the private school. Upon |
346 | submission of fingerprints for this purpose, the private school |
347 | shall request that the Department of Law Enforcement forward the |
348 | fingerprints to the Federal Bureau of Investigation for level 2 |
349 | screening, and the fingerprints must be retained by the |
350 | Department of Law Enforcement under subparagraph 2. The cost of |
351 | the state and federal criminal history check required by level 2 |
352 | screening may be borne by the private school, the employee, the |
353 | person engaged to provide services, or the owner. Under penalty |
354 | of perjury, each person described in this paragraph must agree |
355 | to inform the private school immediately if convicted of any |
356 | disqualifying offense while in a capacity with the private |
357 | school as described in this paragraph. |
358 | 2. Effective December 15, 2005, all fingerprints submitted |
359 | to the Department of Law Enforcement as required by this |
360 | paragraph shall be retained by the Department of Law Enforcement |
361 | in a manner provided by rule and entered in the statewide |
362 | automated fingerprint identification system authorized by s. |
363 | 943.05(2)(b). Such fingerprints shall thereafter be available |
364 | for all purposes and uses authorized for arrest fingerprint |
365 | cards entered in the statewide automated fingerprint |
366 | identification system under s. 943.051. |
367 | 3. Effective December 15, 2005, the Department of Law |
368 | Enforcement shall search all arrest fingerprint cards received |
369 | under s. 943.051 against the fingerprints retained in the |
370 | statewide automated fingerprint identification system under |
371 | subparagraph 2. Any arrest record that is identified with the |
372 | fingerprints of a person described in this paragraph must be |
373 | reported to the eligible private school. The eligible private |
374 | school shall notify the Department of Education if the arrest |
375 | record reported to the private school results in a person |
376 | failing to meet the level 2 requirements. An eligible private |
377 | school that fails to report this information shall be |
378 | immediately suspended from the program. Each eligible private |
379 | school shall participate in this search process by paying an |
380 | annual fee to the Department of Law Enforcement and by informing |
381 | the Department of Law Enforcement of any change in the status or |
382 | place of employment or engagement of services of its personnel |
383 | as described in this paragraph whose fingerprints are retained |
384 | under subparagraph 2. The Department of Law Enforcement shall |
385 | adopt a rule setting the amount of the annual fee to be imposed |
386 | upon each private school for performing these searches and |
387 | establishing the procedures for the retention of private school |
388 | personnel fingerprints and the dissemination of search results. |
389 | The fee may be borne by the private school, the employee, the |
390 | person engaged to provide services, or the owner. |
391 | 4. If it is found that a person described in this |
392 | paragraph does not meet the level 2 requirements, the eligible |
393 | private school shall be immediately suspended from participating |
394 | in the program and shall remain suspended until final resolution |
395 | of any appeals. An eligible private school that employs or |
396 | engages to provide services with a person described in this |
397 | paragraph who fails to meet level 2 screening standards or has |
398 | been convicted of a crime involving moral turpitude may not |
399 | participate in this program. The Department of Law Enforcement |
400 | shall provide the Department of Education with the results of |
401 | the state and national records checks provided to the qualified |
402 | entity at each private school as provided in s. 943.0542. |
403 | (c) A private school participating in the John M. McKay |
404 | Scholarships for Students with Disabilities Program may not: |
405 | 1. Act as attorney in fact for parents of a scholarship |
406 | student under the authority of a power of attorney executed by |
407 | such parents, or under any other authority, to endorse |
408 | scholarship warrants on behalf of parents. |
409 | 2. Send or direct McKay Scholarship funds to parents of a |
410 | scholarship student who receives instruction at home. |
411 | 3. Be a correspondence school or distance learning school. |
412 | 4. Operate as a private tutoring program as defined in s. |
413 | 1002.43. |
414 | 5. Accept a McKay Scholarship student until the sworn and |
415 | notarized compliance statement has been completed, submitted to, |
416 | and independently verified by the Department of Education. |
417 | (d) A participating private school may request that the |
418 | school be listed by the Department of Education with a closed- |
419 | enrollment status in the McKay Scholarship program if the school |
420 | is no longer accepting new students with McKay Scholarships. As |
421 | used in this paragraph, the term "closed-enrollment status" |
422 | means that the private school is no longer accepting any new |
423 | student with a McKay Scholarship. However, the private school is |
424 | subject to all the requirements under this section and all |
425 | applicable rules adopted by the State Board of Education if the |
426 | private school is serving a student with a McKay Scholarship. |
427 | The private school must provide a written request for closed- |
428 | enrollment status to the Department of Education. The Department |
429 | of Education may grant closed-enrollment status to a |
430 | participating private school. However, closed-enrollment status |
431 | may not be granted for longer than 1 school year. |
432 | (e) If a participating private school becomes subject to |
433 | an action taken by the Department of Education for a violation |
434 | of this section, the private school: |
435 | 1. Shall file a surety bond with the Department of |
436 | Education after the date on which the action was taken for such |
437 | violation but before receiving the next quarterly scholarship |
438 | payment; |
439 | 2. Shall file a surety bond with the Department of |
440 | Education for 2 additional consecutive years after the date the |
441 | bond was filed under subparagraph 1.; and |
442 | 3. May not accept new scholarship students until the |
443 | Department of Education determines that the private school is in |
444 | compliance with each requirement in this section and in all |
445 | rules of the State Board of Education. |
446 | (5) OBLIGATION OF PROGRAM PARTICIPANTS.-- |
447 | (a) A parent who applies for a John M. McKay Scholarship |
448 | is exercising his or her parental option to place his or her |
449 | child in a private school. The parent must select the private |
450 | school and apply for the admission of his or her child. |
451 | (b) The parent must have requested the scholarship at |
452 | least 60 days prior to the date of the first scholarship |
453 | payment. |
454 | (c) Any student participating in the scholarship program |
455 | must remain in attendance throughout the school year, unless |
456 | excused by the school for illness or other good cause, and must |
457 | comply fully with the school's code of conduct. |
458 | (d) The parent of each student participating in the |
459 | scholarship program must comply fully with the private school's |
460 | parental involvement requirements, unless excused by the school |
461 | for illness or other good cause. |
462 | (e) If the parent requests that the student participating |
463 | in the scholarship program take all statewide assessments |
464 | required pursuant to s. 1008.22, the parent is responsible for |
465 | transporting the student to the assessment site designated by |
466 | the school district. |
467 | (f) Upon receipt of a scholarship warrant, the parent to |
468 | whom the warrant is made must restrictively endorse the warrant |
469 | to the private school for deposit into the account of the |
470 | private school. |
471 | (g) The parent of a student participating in the |
472 | scholarship program may not designate any participating private |
473 | school as the parent's attorney in fact to sign a scholarship |
474 | warrant. |
475 | (h)(g) A participant who fails to comply with this |
476 | subsection forfeits the scholarship. |
477 | (6) SCHOLARSHIP FUNDING AND PAYMENT.-- |
478 | (a)1. The maximum scholarship granted for an eligible |
479 | student with disabilities shall be a calculated amount |
480 | equivalent to the base student allocation in the Florida |
481 | Education Finance Program multiplied by the appropriate cost |
482 | factor for the educational program that would have been provided |
483 | for the student in the district school to which he or she was |
484 | assigned, multiplied by the district cost differential. |
485 | 2. In addition, a share of the guaranteed allocation for |
486 | exceptional students shall be determined and added to the |
487 | calculated amount. The calculation shall be based on the |
488 | methodology and the data used to calculate the guaranteed |
489 | allocation for exceptional students for each district in chapter |
490 | 2000-166, Laws of Florida. Except as provided in subparagraph |
491 | 4. 3., the calculation shall be based on the student's grade, |
492 | matrix level of services, and the difference between the 2000- |
493 | 2001 basic program and the appropriate level of services cost |
494 | factor, multiplied by the 2000-2001 base student allocation and |
495 | the 2000-2001 district cost differential for the sending |
496 | district. Also, the calculated amount shall include the per- |
497 | student share of supplemental academic instruction funds, |
498 | instructional materials funds, technology funds, and other |
499 | categorical funds as provided for such purposes in the General |
500 | Appropriations Act. |
501 | 3. The calculated scholarship amount for a student who has |
502 | spent the prior school year in attendance at the Florida School |
503 | for the Deaf and the Blind shall be calculated as provided in |
504 | subparagraphs 1. and 2. However, the calculation shall be based |
505 | on the school district in which the parent resides at the time |
506 | that the intent is filed by the parent. |
507 | 4.3. Until the school district completes the matrix |
508 | required by paragraph (3)(b), the calculation shall be based on |
509 | the matrix that assigns the student to support level I of |
510 | service as it existed prior to the 2000-2001 school year. When |
511 | the school district completes the matrix, the amount of the |
512 | payment shall be adjusted as needed. |
513 | (d)1. The school district shall report to the Department |
514 | of Education all students who are attending a private school |
515 | under this program. The students with disabilities attending |
516 | private schools on John M. McKay Scholarships shall be reported |
517 | separately from other students reported for purposes of the |
518 | Florida Education Finance Program. |
519 | 2. For program participants who are eligible under sub- |
520 | subparagraph (2)(a)1.b., the school district, which is used as |
521 | the basis for the calculation of the scholarship amount as |
522 | provided in subparagraph (6)(a)3., shall: |
523 | a. Report to the Department of Education all such students |
524 | who are attending a private school under this program; and |
525 | b. Be held harmless for such students from the weighted |
526 | enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.a. |
527 | during the first school year in which the students are reported. |
528 | (e) Following notification on July 1, September 1, |
529 | December 1, or February 1 of the number of program participants, |
530 | the Department of Education shall transfer, from General Revenue |
531 | funds only, the amount calculated under paragraph (b) from the |
532 | school district's total funding entitlement under the Florida |
533 | Education Finance Program and from authorized categorical |
534 | accounts to a separate account for the scholarship program for |
535 | quarterly disbursement to the parents of participating students. |
536 | Funds may not be transferred from any funding provided to the |
537 | Florida School for the Deaf and the Blind for program |
538 | participants who are eligible under sub-subparagraph (2)(a)1.b. |
539 | When a student enters the scholarship program, the Department of |
540 | Education must receive all documentation required for the |
541 | student's participation, including, but not limited to, the |
542 | private school's and student's fee schedules, at least 30 days |
543 | before the first quarterly scholarship payment is made for the |
544 | student. The Department of Education may not make any |
545 | retroactive payments. |
546 | (7) OBLIGATIONS OF THE DEPARTMENT OF EDUCATION.-- |
547 | (a) The Department of Education shall perform the |
548 | following duties: |
549 | 1. Review for compliance all documentation required for |
550 | each scholarship student's participation, including, without |
551 | limitation, the private school's schedule and the student's fee |
552 | schedule. |
553 | 2. Verify the admission acceptance of each scholarship |
554 | student to an eligible private school prior to the initial |
555 | scholarship payment. |
556 | 3. Verify, prior to each scholarship payment, the |
557 | enrollment and attendance of each scholarship student at the |
558 | private school and that the scholarship student is not: |
559 | a. Receiving a scholarship under s. 220.187 or s. 1002.38. |
560 | b. Participating in a home education program as defined in |
561 | s. 1002.01(1). |
562 | c. Participating in instruction delivered by a |
563 | correspondence school, private tutoring program as defined in s. |
564 | 1002.43, or distance learning courses, except as specifically |
565 | permitted in paragraph (2)(b). |
566 | d. Enrolled in a school operating for the purpose of |
567 | providing education services to youth in commitment programs of |
568 | the Department of Juvenile Justice. |
569 | e. Currently enrolled in a public school in the state, if |
570 | the student has a scholarship to attend a private school. |
571 | 4. Administer and prescribe an annual sworn and notarized |
572 | compliance statement for each participating private school and |
573 | independently verify the information provided by each |
574 | participating private school. |
575 | 5. Review and verify the results of the background checks |
576 | reported by the private school pursuant to subsection (4) for |
577 | each person who fails to meet level 2 screening standards or who |
578 | has been convicted of a crime involving moral turpitude. |
579 | 6. Determine the eligibility of a private school to accept |
580 | McKay Scholarship students, based upon independent verification |
581 | that the private school meets all the requirements in this |
582 | section and all applicable rules adopted by the State Board of |
583 | Education. |
584 | 7. Publish a current, on-line list of eligible private |
585 | schools. |
586 | 8. Include each eligible private school on the on-line |
587 | list of eligible private schools within 10 days after the |
588 | private school is determined to be eligible to participate in |
589 | the McKay Scholarship program. |
590 | 9. Remove immediately from the on-line list of eligible |
591 | private schools any school that is determined by the Department |
592 | of Education to be an ineligible private school, as provided for |
593 | in paragraph (b). |
594 | 10. Remove immediately from the on-line list of eligible |
595 | private schools any school that is determined by the Department |
596 | of Education to be an ineligible school, as provided for in |
597 | paragraphs (b) and (c). |
598 | (b) The Department of Education shall deny or refuse to |
599 | allow the participation of any private school if it determines |
600 | that the private school or any of its owners or administrators |
601 | has failed to meet the requirements for initial application or |
602 | renewal as provided in this section. |
603 | (c) The Department of Education shall issue a notice of |
604 | noncompliance pursuant to s. 120.695 to any participating |
605 | private school that violates any of the provisions of this |
606 | section or the rules of the State Board of Education, if the |
607 | violation is a minor violation as defined in s. 120.695. If a |
608 | private school fails to satisfy the requirements specified in |
609 | the notice of noncompliance within 30 days after its receipt by |
610 | the school, the Department of Education shall issue an emergency |
611 | order revoking the registration of the participating private |
612 | school. The Department of Education shall issue an emergency |
613 | order to immediately revoke the registration of a participating |
614 | private school for a violation that is not a minor violation as |
615 | defined in s. 120.695. |
616 | (d) The Department of Education shall revoke the |
617 | scholarship for a participant who fails to comply with the |
618 | requirements in subsection (5) or who: |
619 | 1. Receives a scholarship under s. 220.187 or s. 1002.38. |
620 | 2. Participates in a home education program as defined in |
621 | s. 1002.01(1). |
622 | 3. Participates in instruction delivered by a |
623 | correspondence school, a private tutoring program as defined in |
624 | s. 1002.43, or distance learning courses, except as specifically |
625 | permitted in paragraph (2)(b). |
626 | 4. Does not have regular and direct contact with the |
627 | student's private school teachers at the school's physical |
628 | location. |
629 | 5. Enrolls in a school operating for the purpose of |
630 | providing educational services to youth in commitment programs |
631 | of the Department of Juvenile Justice. |
632 | (e) The Department of Education shall conduct an |
633 | investigation of any written complaint of a violation of this |
634 | section if the complaint is signed by the complainant and is |
635 | legally sufficient. A complaint is legally sufficient if it |
636 | contains ultimate facts that show that a violation of this |
637 | section or any rule adopted by the State Board of Education has |
638 | occurred. In order to determine legal sufficiency, the |
639 | Department of Education may require supporting information or |
640 | documentation. The Department of Education may investigate any |
641 | complaint, including, but not limited to, anonymous complaints. |
642 | (f) The Department of Education may not change a matrix of |
643 | services completed by a school district. However, the department |
644 | may make the following changes for a matrix for a student if the |
645 | school district has identified the error but has failed to make |
646 | a correction in a timely manner: |
647 | 1. A correction to a technical, typographical, or |
648 | calculation error; or |
649 | 2. A change to align the matrix of services with the |
650 | student's individual education plan completed by the school |
651 | district for use in the public school prior to the student's |
652 | enrolling in or attending a private school. |
653 |
|
654 | The department must report any change made under this paragraph |
655 | to the school district and the parent of the student. |
656 | (8) OBLIGATIONS OF THE AUDITOR GENERAL.--Notwithstanding |
657 | any other law to the contrary, the Auditor General must include |
658 | in the operational audit of the Department of Education the John |
659 | M. McKay Scholarships for Students with Disabilities Program. |
660 | The Auditor General must include in the audit a review of a |
661 | sample of the warrants used to pay for the scholarships, as well |
662 | as random site visits to private schools participating in the |
663 | John M. McKay Scholarships for Students with Disabilities |
664 | Program. The purpose of the site visits is solely to verify the |
665 | information reported by the schools concerning the enrollment |
666 | and attendance of students, the credentials of teachers, |
667 | background screening of teachers, and fingerprinting results of |
668 | teachers, which information is required by rules of the State |
669 | Board of Education or subsection (4). The Auditor General may |
670 | not make more than one random site visit each year to the same |
671 | private school, and each random site visit must be based upon |
672 | probable cause of a violation of this section or other |
673 | applicable laws. |
674 | (9)(7) LIABILITY.--No liability shall arise on the part of |
675 | the state based on the award or use of a John M. McKay |
676 | Scholarship. |
677 | (10)(8) RULES.--The State Board of Education shall adopt |
678 | rules pursuant to ss. 120.536(1) and 120.54 to administer this |
679 | section, including rules that school districts must use to |
680 | expedite the development of a matrix of services based on a |
681 | current individual education plan from another state or a |
682 | foreign country for a transferring student with a disability who |
683 | is a dependent child of a member of the United States Armed |
684 | Forces. The rules must identify the appropriate school district |
685 | personnel who must complete the matrix of services. For |
686 | purposes of these rules, a transferring student with a |
687 | disability is one who was previously enrolled as a student with |
688 | a disability in an out-of-state or an out-of-country public or |
689 | private school or agency program and who is transferring from |
690 | out of state or from a foreign country pursuant to a parent's |
691 | permanent change of station orders. The rules must include |
692 | provisions for: |
693 | (a) Administering the annual sworn and notarized |
694 | compliance statement to all participating private schools; |
695 | (b) Establishing procedures for schools to request closed- |
696 | enrollment and active status; |
697 | (c) Establishing forms for changes to a matrix by a school |
698 | district and the department; |
699 | (d) Implementing the requirement that a private school |
700 | timely notify the Department of Education of material changes to |
701 | the school's registration information; |
702 | (e) Establishing attendance-verification procedures and |
703 | forms; and |
704 | (f) Establishing procedures for determining student |
705 | eligibility and approving scholarships. |
706 |
|
707 | The rules related to the annual sworn and notarized compliance |
708 | statement shall establish a deadline for the receipt of the |
709 | initial sworn and notarized compliance statement from the |
710 | private school and shall enumerate the items to be included in |
711 | the statement. The rules shall enumerate the items to be |
712 | included in a subsequent annual sworn and notarized compliance |
713 | statement that is required in January of each year from the |
714 | private school. However, the inclusion of eligible private |
715 | schools within options available to Florida public school |
716 | students does not expand the regulatory authority of the state, |
717 | its officers, or any school district to impose any additional |
718 | regulation of private schools beyond those reasonably necessary |
719 | to enforce requirements expressly set forth in this section. |
720 |
|
721 |
|
722 | ======= T I T L E A M E N D M E N T ========= |
723 | On page 85, line(s) 14, after "programs;" |
724 | insert: |
725 | amending s. 1002.39, F.S., relating to the John M. McKay |
726 | Scholarships for Students with Disabilities Program; revising |
727 | the definition of an eligible student; revising the eligibility |
728 | requirements of the program; revising requirements for |
729 | scholarship funding and payments; providing reporting |
730 | requirements for school districts; holding a school district |
731 | harmless from a specified student enrollment ceiling; |
732 | prohibiting the transfer of funds to the Florida School for the |
733 | Deaf and the Blind under certain circumstances; extending the |
734 | term of the scholarship; prohibiting certain students from |
735 | receiving a scholarship; revising the parental notification |
736 | requirements; authorizing certain scholarship students to |
737 | participate in a distance learning or correspondence course or a |
738 | private tutoring program under certain circumstances; providing |
739 | a definition of timely parental notification; providing |
740 | requirements for district school boards with respect to |
741 | completing and making changes to the matrix of services for |
742 | scholarship students; requiring school districts to provide |
743 | parental notification related to reassessments; revising |
744 | requirements that a participating private school demonstrate |
745 | fiscal soundness; requiring annual registration of private |
746 | schools; providing requirements for documentation and notice; |
747 | providing additional requirements for participating private |
748 | schools; requiring annual sworn and notarized compliance |
749 | statements to be filed with the department; requiring specific |
750 | documentation for participating scholarship students; requiring |
751 | that the private school maintain a physical location in this |
752 | state; requiring that information be made available to potential |
753 | scholarship students and the department; requiring scholarship |
754 | students to participate in assessments; requiring notification |
755 | to parents regarding student skill levels; requiring |
756 | notification to the department regarding changes in information; |
757 | requiring notification to local health departments; prohibiting |
758 | discrimination on the basis of religion by a private school; |
759 | requiring certain individuals to undergo level 2 background |
760 | screening requirements pursuant to s. 943.0542, F.S.; requiring |
761 | the Department of Education to verify the background screening |
762 | information provided by the private school; providing for the |
763 | Department of Law Enforcement to retain and search fingerprint |
764 | records; providing for an annual fee as provided by rule of the |
765 | Department of Law Enforcement; requiring that costs of |
766 | background checks to be borne by certain parties; requiring the |
767 | Department of Law Enforcement to provide the Department of |
768 | Education with information related to background screening; |
769 | prohibiting a private school from acting as an attorney in fact |
770 | for the parent of a scholarship student or endorsing scholarship |
771 | warrants on behalf of a parent; prohibiting participating |
772 | private schools from sending or directing scholarship funds to |
773 | parents of a scholarship student who receives instruction at |
774 | home; prohibiting a participating school from being a private |
775 | tutoring program or a correspondence or distance learning |
776 | school; requiring a private school that is subject to |
777 | enforcement action by the department for certain violations to |
778 | file certain surety bonds and, pending compliance with certain |
779 | laws, cease accepting new scholarship students; prohibiting a |
780 | participating school from accepting students pending |
781 | verification of information; authorizing a participating private |
782 | school to request, and the department to grant, closed- |
783 | enrollment status for a school; requiring a private school that |
784 | is subject to enforcement action by the department for certain |
785 | violations to file certain surety bonds and, pending compliance |
786 | with certain laws, cease accepting new scholarship students; |
787 | prohibiting the parent of a scholarship student from designating |
788 | a participating private school as the parent's attorney in fact |
789 | to sign a scholarship warrant; clarifying that the school |
790 | district must report to the department the students who are |
791 | attending a private school under the program; establishing |
792 | additional obligations of the Department of Education; requiring |
793 | the department to review, approve, and verify information; |
794 | requiring the department to determine the eligibility of a |
795 | private school to participate in the program; requiring the |
796 | department to publish an on-line list of current eligible |
797 | private schools; requiring the department to deny or refuse to |
798 | allow the participation of a private school for failing to meet |
799 | certain requirements; requiring the department to issue a notice |
800 | of noncompliance for minor violations; providing for an |
801 | emergency order revoking the registration of a private school |
802 | for failing to satisfy the requirements in the notice; requiring |
803 | the Department of Education to immediately revoke the |
804 | registration of a private school for certain other violations; |
805 | requiring the department to revoke the scholarship for a |
806 | participant for failing to comply with statutory requirements or |
807 | for engaging in specified practices; requiring the department to |
808 | conduct investigations of legally sufficient complaints of |
809 | violations; authorizing the department to require supporting |
810 | information or documentation; authorizing the Department of |
811 | Education to change the matrix of services under certain |
812 | circumstances; providing for audits by the Auditor General; |
813 | providing requirements for the audits; requiring the State Board |
814 | of Education to adopt rules; specifying the required rules; |