| 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; |