Amendment
Bill No. 6007
Amendment No. 259625
CHAMBER ACTION
Senate House
.
.
.






1Representative(s) Sobel offered the following:
2
3     Amendment to Senate Amendment (074810) (with title
4amendment)
5     On page 78, between line(s) 15 and 16,
6insert:
7       Section 35.  Subsections (1), (2), (3), (4), and (5) and
8paragraphs (a), (d), and (e) of subsection (6) of section
91002.39, Florida Statutes, are amended, present subsections (7)
10and (8) of that section are redesignated as subsections (9) and
11(10), respectively, and amended, and new subsections (7) and (8)
12are added to that section, to read:
13     1002.39  The John M. McKay Scholarships for Students with
14Disabilities Program.--There is established a program that is
15separate and distinct from the Opportunity Scholarship Program
16and is named the John M. McKay Scholarships for Students with
17Disabilities Program, pursuant to this section.
18     (1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
19DISABILITIES PROGRAM.--The John M. McKay Scholarships for
20Students with Disabilities Program is established to provide the
21option to attend a public school other than the one to which
22assigned, or to provide a scholarship to a private school of
23choice, for students with disabilities for whom an individual
24education plan has been written in accordance with rules of the
25State Board of Education. Students with disabilities include K-
2612 students who are documented as having mental retardation; a
27speech or language impairment; a hearing impairment, including
28deafness; a visual impairment, including blindness; a dual
29sensory impairment; a physical impairment; a serious emotional
30disturbance, including an emotional handicap; a specific
31learning disability, including, but not limited to, dyslexia,
32dyscalculia, or developmental aphasia; a traumatic brain injury;
33or autism mentally handicapped, speech and language impaired,
34deaf or hard of hearing, visually impaired, dual sensory
35impaired, physically impaired, emotionally handicapped, specific
36learning disabled, hospitalized or homebound, or autistic.
37     (2)  SCHOLARSHIP ELIGIBILITY; PROHIBITIONS.--
38     (a)  The parent of a public school student with a
39disability who is dissatisfied with the student's progress may
40request and receive from the state a John M. McKay Scholarship
41for the child to enroll in and attend a private school in
42accordance with this section if:
43     1.(a)  By assigned school attendance area or by special
44assignment, the student has spent the prior school year in
45attendance at a Florida public school or the Florida School for
46the Deaf and the Blind. Prior school year in attendance means
47that the student was:
48     a.  Enrolled and reported by a school district for funding
49during the preceding October and February Florida Education
50Finance Program surveys in kindergarten through grade 12; or.
51     b.  Enrolled and reported by the Florida School for the
52Deaf and the Blind during the preceding October and February
53student membership surveys in kindergarten through grade 12.
54Prior school year in attendance does not include the period of
55time that the student was enrolled in a school operating for the
56purposes of providing educational services to youth in a
57commitment program of the Department of Juvenile Justice.
58However, this subparagraph paragraph does not apply to a
59dependent child of a member of the United States Armed Forces
60who transfers to a school in this state from out of state or
61from a foreign country pursuant to a parent's permanent change
62of station orders. A dependent child of a member of the United
63States Armed Forces who transfers to a school in this state from
64out of state or from a foreign country pursuant to a parent's
65permanent change of station orders must meet all other
66eligibility requirements to participate in the program.
67     2.(b)  The parent has obtained acceptance for admission of
68the student to a private school that is eligible for the program
69under subsection (4) and has notified the Department of
70Education school district of the request for a scholarship at
71least 60 days prior to the date of the first scholarship
72payment. The parental notification must be through a
73communication directly to the district or through the Department
74of Education to the district in a manner that creates a written
75or electronic record of the notification and the date of receipt
76of the notification. The Department of Education must notify the
77district of the parent's intent, upon receipt of the parent's
78notification.
79
80This section does not apply to a student who is enrolled in a
81school operating for the purpose of providing educational
82services to youth in Department of Juvenile Justice commitment
83programs. For purposes of continuity of educational choice, the
84scholarship shall remain in force until the student returns to a
85public school or graduates from high school or reaches the age
86of 22, whichever occurs first. However, at any time, the
87student's parent may remove the student from the private school
88and place the student in another private school that is eligible
89for the program under subsection (4) or in a public school as
90provided in subsection (3).
91     (b)  A student is not eligible to receive a scholarship
92under this section if he or she:
93     1.  Receives a scholarship from an eligible scholarship-
94funding 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
97s. 1002.01(1).
98     4.  Receives instruction from a correspondence school or a
99private tutoring program as described in s. 1002.43, or
100participates in distance learning courses.
101     5.  Does not have regular and direct contact with his or
102her private school teachers at the school's physical location.
103     6.  Is enrolled in a school operating for the purpose of
104providing educational services to youth in commitment programs
105of the Department of Juvenile Justice.
106
107Notwithstanding the prohibition set forth in subparagraph 4., a
108student who receives a John M. McKay Scholarship may participate
109in a distance learning course, a private tutoring program, or a
110course offered by a correspondence school, the tuition and other
111costs of which are not paid by scholarship funds provided under
112this section.
113     (3)  SCHOOL DISTRICT AND DEPARTMENT OF EDUCATION
114OBLIGATIONS.--
115     (a)  The Department of Education A school district shall
116timely notify the parent of each public school the student of
117all options available pursuant to this section and offer that
118student's parent an opportunity to enroll the student in another
119public school within the district. The parent is not required to
120accept this offer in lieu of requesting a John M. McKay
121Scholarship to a private school. However, if the parent chooses
122the public school option, the student may continue attending a
123public school chosen by the parent until the student graduates
124from high school. If the parent chooses a public school
125consistent with the district school board's choice plan under s.
1261002.31, the school district shall provide transportation to the
127public school selected by the parent. The parent is responsible
128to provide transportation to a public school chosen that is not
129consistent with the district school board's choice plan under s.
1301002.31. For purposes of this paragraph, timely notification
131means notification no later than April 1 of each school year.
132     (b)1.  For a student with disabilities who does not have a
133matrix of services under s. 1011.62(1)(e), the school district
134must complete a matrix that assigns the student to one of the
135levels of service as they existed prior to the 2000-2001 school
136year.
137     2.a.  The school district must complete the matrix of
138services for any student who is participating in the John M.
139McKay Scholarships for Students with Disabilities Program and
140must notify the Department of Education of the student's matrix
141level within 30 days after receiving notification by the
142Department of Education of the parent's the student's parent of
143intent to participate in the scholarship program. The nature and
144intensity of the services indicated in the matrix must be
145consistent with the services described in the student's
146individual education plan.
147     b.  A school district may change a matrix of services only
148if the change is to:
149     (I)  Correct a technical, typographical, or calculation
150error; or
151     (II)  Align the matrix of services with the student's
152individual education plan completed by the public school
153district for use in the public school prior to the student
154enrolling in or attending a private school.
155     3.  The Department of Education shall notify the private
156school of the amount of the scholarship within 10 days after
157receiving the school district's notification of the student's
158matrix level.
159     4.  Within 10 school days after it receives notification of
160a parent's intent to apply for a McKay Scholarship, a district
161school board must notify the student's parent if the matrix has
162not been completed and provide the parent with the date for
163completion of the matrix required in this paragraph.
164     (c)  If the parent chooses the private school option and
165the student is accepted by the private school pending the
166availability of a space for the student, the parent of the
167student must notify the Department of Education school district
16860 days prior to the first scholarship payment and before
169entering the private school in order to be eligible for the
170scholarship when a space becomes available for the student in
171the private school.
172     (d)  The parent of a student may choose, as an alternative,
173to enroll the student in and transport the student to a public
174school in an adjacent school district which has available space
175and has a program with the services agreed to in the student's
176individual education plan already in place, and that school
177district shall accept the student and report the student to the
178Department of Education for purposes of the district's funding
179pursuant to the Florida Education Finance Program.
180     (e)  For a student in the district who participates in the
181John M. McKay Scholarships for Students with Disabilities
182Program whose parent requests that the student take the
183statewide assessments under s. 1008.22, the district shall
184provide locations and times to take all statewide assessments.
185     (f)  A school district must notify The Department of
186Education must notify the school district upon receipt of the
187within 10 days after it receives notification of a parent's
188intent to apply for a scholarship for a student with a
189disability. A school district must provide the student's parent
190with the student's matrix level within 10 school days after its
191completion.
192     (g)  A school district shall, at least every 3 years,
193provide notification to parents of the availability of a
194reassessment of each student who receives a McKay Scholarship.
195     (4)  PRIVATE SCHOOL ELIGIBILITY; REGISTRATION;
196PROHIBITIONS.--
197     (a)  To be eligible to participate in the John M. McKay
198Scholarships for Students with Disabilities Program, a private
199school must be a Florida private school as defined in s.
2001002.01(2), may be sectarian or nonsectarian, and must:
201     1.(a)  Demonstrate fiscal soundness by being in operation
202for at least 3 school years or obtaining a surety bond or letter
203of credit for the amount equal to the scholarship funds for any
204quarter and filing the surety bond or letter of credit with 1
205school year or provide the Department of Education.
206     2.  Annually register with the Department of Education.
207Each owner or administrator of a private school must provide the
208following information:
209     a.  The legal business and trade name, mailing address, and
210business location of the private school;
211     b.  The full name, address, and telephone number of each
212owner or administrator of the private school; and
213     c.  A notification of the private school's intent to
214participate in the program under this section. The notice must
215specify the grade levels and services that the private school
216has available for students with disabilities who are
217participating in the scholarship program. with a statement by a
218certified public accountant confirming that the private school
219desiring to participate is insured and the owner or owners have
220sufficient capital or credit to operate the school for the
221upcoming year serving the number of students anticipated with
222expected revenues from tuition and other sources that may be
223reasonably expected. In lieu of such a statement, a surety bond
224or letter of credit for the amount equal to the scholarship
225funds for any quarter may be filed with the department.
226     (b)  Notify the Department of Education of its intent to
227participate in the program under this section. The notice must
228specify the grade levels and services that the private school
229has available for students with disabilities who are
230participating in the scholarship program.
231     3.(c)  Comply with the antidiscrimination provisions of 42
232U.S.C. s. 2000d.
233     4.(d)  Meet state and local health and safety laws and
234codes.
235     5.(e)  Be academically accountable to the parent for
236meeting the educational needs of the student.
237     6.(f)  Employ or contract with teachers who hold
238baccalaureate or higher degrees, or have at least 3 years of
239teaching experience in public or private schools, or have
240special skills, knowledge, or expertise that qualifies them to
241provide instruction in subjects taught.
242     7.(g)  Comply with all state laws relating to general
243regulation of private schools, including, but not limited to, s.
2441002.42.
245     8.(h)  Publish and adhere to the tenets of its adopted
246published disciplinary procedures prior to the expulsion of a
247scholarship student.
248     9.  Provide the Department of Education with all
249documentation required for each scholarship student's
250participation in the scholarship program, including, but not
251limited to:
252     a.  The private school's fee schedule, including, but not
253limited to, fees for services, tuition, and instructional
254materials, and each individual scholarship student's schedule of
255fees and charges, at least 30 days before the first quarterly
256scholarship payment is made for the student; and
257     b.  The enrollment and attendance information, including an
258on-line attendance verification form, for each scholarship
259student at the private school, prior to each scholarship
260payment.
261
262The on-line attendance form must be documented each quarter by a
263notarized statement that is signed by the private school and the
264parents of each McKay Scholarship student in attendance at the
265private school. The private school must maintain the completed
266notarized statements at the private school for each academic
267year. The completed notarized statements must be open to the
268Department of Education upon request.
269     10.  Maintain in this state a physical location where a
270scholarship student regularly attends classes.
271     11.a.  Advertise or notify potential McKay Scholarship
272students and parents of the specific types of disabilities
273served by the school, and provide this information to the
274Department of Education.
275     b.  Review with the parent the student's individual
276education plan.
277     12.  Require each McKay Scholarship student to participate
278at least annually in a student assessment which, as determined
279by the private school in consultation with the student's parent
280or guardian, will demonstrate the student's skill level to the
281student's parents.
282     13.  Notify the student's parent at least annually about
283the student's skill level on a student assessment that is
284determined by the private school.
285     14.  Notify the Department of Education of any change in
286the school's registered name or location prior to any such
287change and notify the Department of Education within 15 days
288after any other change in the registration information submitted
289to the department.
290     15.  Notify each local health department within 15 days
291after establishing operations at a physical location or address
292and within 3 days after discovering any ongoing health code
293violation that has not yet been remedied in full.
294     16.  Annually complete and file with the Department of
295Education a sworn and notarized compliance statement in a form
296and by a deadline specified in rules adopted by the State Board
297of Education.
298     17.  Accept scholarship students on a religion-neutral
299basis.  A private school may not discriminate against a student
300on the basis of the religion of the student, the parent, or the
301private school.
302     (b)  A private school participating in the John M. McKay
303Scholarships for Students with Disabilities Program must ensure
304that all personnel who are hired or contracted to provide
305services to fill positions requiring direct contact with
306students in the private school, and all owners of a private
307school, shall, upon employment, engagement to provide services,
308or assumption of a position of ownership, a position of
309decisionmaking authority, or a position having access to
310scholarship funds, undergo background screening pursuant to s.
311943.0542 by electronically filing with the Department of Law
312Enforcement a complete set of fingerprints taken by an
313authorized law enforcement agency or an employee of the private
314school, a public school, or a private company who is trained to
315take fingerprints. However, the complete set of fingerprints of
316an owner of an eligible private school may not be taken by the
317owner. These fingerprints must be electronically submitted to
318the Department of Law Enforcement for state processing, which
319shall in turn submit the fingerprints to the Federal Bureau of
320Investigation for federal processing. The private school shall
321screen the background results pursuant to s. 435.04 and timely
322report to the Department of Education any person described in
323this paragraph who fails to meet level 2 screening standards
324pursuant to s. 435.04 or any person described in this paragraph
325who has been convicted of a crime involving moral turpitude. The
326Department of Education shall verify the information reported by
327the private school. Any person described in this paragraph who
328is found through fingerprint processing to have been convicted
329of a crime involving moral turpitude or fails to meet level 2
330screening standards pursuant to s. 435.04 may not be employed or
331engaged to provide services in any position in the private
332school requiring direct contact with students and may not assume
333an ownership position, a position of decisionmaking authority,
334or a position having access to scholarship funds. The cost of
335the background screening may be borne by the private school, the
336employee, the person engaged to provide services, or the owner.
337     1.  Every 5 years each person described in this paragraph
338must meet level 2 screening requirements as described in s.
339435.04, at which time the private school shall request the
340Department of Law Enforcement pursuant to s. 943.0542 to forward
341the fingerprints to the Federal Bureau of Investigation for
342level 2 screening. If the fingerprints of a person described in
343this paragraph are not retained by the Department of Law
344Enforcement under subparagraph 2., the person must file a
345complete set of fingerprints with the private school. Upon
346submission of fingerprints for this purpose, the private school
347shall request that the Department of Law Enforcement forward the
348fingerprints to the Federal Bureau of Investigation for level 2
349screening, and the fingerprints must be retained by the
350Department of Law Enforcement under subparagraph 2. The cost of
351the state and federal criminal history check required by level 2
352screening may be borne by the private school, the employee, the
353person engaged to provide services, or the owner. Under penalty
354of perjury, each person described in this paragraph must agree
355to inform the private school immediately if convicted of any
356disqualifying offense while in a capacity with the private
357school as described in this paragraph.
358     2.  Effective December 15, 2005, all fingerprints submitted
359to the Department of Law Enforcement as required by this
360paragraph shall be retained by the Department of Law Enforcement
361in a manner provided by rule and entered in the statewide
362automated fingerprint identification system authorized by s.
363943.05(2)(b). Such fingerprints shall thereafter be available
364for all purposes and uses authorized for arrest fingerprint
365cards entered in the statewide automated fingerprint
366identification system under s. 943.051.
367     3.  Effective December 15, 2005, the Department of Law
368Enforcement shall search all arrest fingerprint cards received
369under s. 943.051 against the fingerprints retained in the
370statewide automated fingerprint identification system under
371subparagraph 2. Any arrest record that is identified with the
372fingerprints of a person described in this paragraph must be
373reported to the eligible private school. The eligible private
374school shall notify the Department of Education if the arrest
375record reported to the private school results in a person
376failing to meet the level 2 requirements. An eligible private
377school that fails to report this information shall be
378immediately suspended from the program. Each eligible private
379school shall participate in this search process by paying an
380annual fee to the Department of Law Enforcement and by informing
381the Department of Law Enforcement of any change in the status or
382place of employment or engagement of services of its personnel
383as described in this paragraph whose fingerprints are retained
384under subparagraph 2. The Department of Law Enforcement shall
385adopt a rule setting the amount of the annual fee to be imposed
386upon each private school for performing these searches and
387establishing the procedures for the retention of private school
388personnel fingerprints and the dissemination of search results.
389The fee may be borne by the private school, the employee, the
390person engaged to provide services, or the owner.
391     4.  If it is found that a person described in this
392paragraph does not meet the level 2 requirements, the eligible
393private school shall be immediately suspended from participating
394in the program and shall remain suspended until final resolution
395of any appeals. An eligible private school that employs or
396engages to provide services with a person described in this
397paragraph who fails to meet level 2 screening standards or has
398been convicted of a crime involving moral turpitude may not
399participate in this program. The Department of Law Enforcement
400shall provide the Department of Education with the results of
401the state and national records checks provided to the qualified
402entity at each private school as provided in s. 943.0542.
403     (c)  A private school participating in the John M. McKay
404Scholarships for Students with Disabilities Program may not:
405     1.  Act as attorney in fact for parents of a scholarship
406student under the authority of a power of attorney executed by
407such parents, or under any other authority, to endorse
408scholarship warrants on behalf of parents.
409     2.  Send or direct McKay Scholarship funds to parents of a
410scholarship 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.
4131002.43.
414     5.  Accept a McKay Scholarship student until the sworn and
415notarized compliance statement has been completed, submitted to,
416and independently verified by the Department of Education.
417     (d)  A participating private school may request that the
418school be listed by the Department of Education with a closed-
419enrollment status in the McKay Scholarship program if the school
420is no longer accepting new students with McKay Scholarships. As
421used in this paragraph, the term "closed-enrollment status"
422means that the private school is no longer accepting any new
423student with a McKay Scholarship. However, the private school is
424subject to all the requirements under this section and all
425applicable rules adopted by the State Board of Education if the
426private school is serving a student with a McKay Scholarship.
427The private school must provide a written request for closed-
428enrollment status to the Department of Education. The Department
429of Education may grant closed-enrollment status to a
430participating private school. However, closed-enrollment status
431may not be granted for longer than 1 school year.
432     (e)  If a participating private school becomes subject to
433an action taken by the Department of Education for a violation
434of this section, the private school:
435     1.  Shall file a surety bond with the Department of
436Education after the date on which the action was taken for such
437violation but before receiving the next quarterly scholarship
438payment;
439     2.  Shall file a surety bond with the Department of
440Education for 2 additional consecutive years after the date the
441bond was filed under subparagraph 1.; and
442     3.  May not accept new scholarship students until the
443Department of Education determines that the private school is in
444compliance with each requirement in this section and in all
445rules of the State Board of Education.
446     (5)  OBLIGATION OF PROGRAM PARTICIPANTS.--
447     (a)  A parent who applies for a John M. McKay Scholarship
448is exercising his or her parental option to place his or her
449child in a private school. The parent must select the private
450school and apply for the admission of his or her child.
451     (b)  The parent must have requested the scholarship at
452least 60 days prior to the date of the first scholarship
453payment.
454     (c)  Any student participating in the scholarship program
455must remain in attendance throughout the school year, unless
456excused by the school for illness or other good cause, and must
457comply fully with the school's code of conduct.
458     (d)  The parent of each student participating in the
459scholarship program must comply fully with the private school's
460parental involvement requirements, unless excused by the school
461for illness or other good cause.
462     (e)  If the parent requests that the student participating
463in the scholarship program take all statewide assessments
464required pursuant to s. 1008.22, the parent is responsible for
465transporting the student to the assessment site designated by
466the school district.
467     (f)  Upon receipt of a scholarship warrant, the parent to
468whom the warrant is made must restrictively endorse the warrant
469to the private school for deposit into the account of the
470private school.
471     (g)  The parent of a student participating in the
472scholarship program may not designate any participating private
473school as the parent's attorney in fact to sign a scholarship
474warrant.
475     (h)(g)  A participant who fails to comply with this
476subsection forfeits the scholarship.
477     (6)  SCHOLARSHIP FUNDING AND PAYMENT.--
478     (a)1.  The maximum scholarship granted for an eligible
479student with disabilities shall be a calculated amount
480equivalent to the base student allocation in the Florida
481Education Finance Program multiplied by the appropriate cost
482factor for the educational program that would have been provided
483for the student in the district school to which he or she was
484assigned, multiplied by the district cost differential.
485     2.  In addition, a share of the guaranteed allocation for
486exceptional students shall be determined and added to the
487calculated amount.  The calculation shall be based on the
488methodology and the data used to calculate the guaranteed
489allocation for exceptional students for each district in chapter
4902000-166, Laws of Florida.  Except as provided in subparagraph
4914. 3., the calculation shall be based on the student's grade,
492matrix level of services, and the difference between the 2000-
4932001 basic program and the appropriate level of services cost
494factor, multiplied by the 2000-2001 base student allocation and
495the 2000-2001 district cost differential for the sending
496district.  Also, the calculated amount shall include the per-
497student share of supplemental academic instruction funds,
498instructional materials funds, technology funds, and other
499categorical funds as provided for such purposes in the General
500Appropriations Act.
501     3.  The calculated scholarship amount for a student who has
502spent the prior school year in attendance at the Florida School
503for the Deaf and the Blind shall be calculated as provided in
504subparagraphs 1. and 2. However, the calculation shall be based
505on the school district in which the parent resides at the time
506that the intent is filed by the parent.
507     4.3.  Until the school district completes the matrix
508required by paragraph (3)(b), the calculation shall be based on
509the matrix that assigns the student to support level I of
510service as it existed prior to the 2000-2001 school year.  When
511the school district completes the matrix, the amount of the
512payment shall be adjusted as needed.
513     (d)1.  The school district shall report to the Department
514of Education all students who are attending a private school
515under this program. The students with disabilities attending
516private schools on John M. McKay Scholarships shall be reported
517separately from other students reported for purposes of the
518Florida Education Finance Program.
519     2.  For program participants who are eligible under sub-
520subparagraph (2)(a)1.b., the school district, which is used as
521the basis for the calculation of the scholarship amount as
522provided in subparagraph (6)(a)3., shall:
523     a.  Report to the Department of Education all such students
524who are attending a private school under this program; and
525     b.  Be held harmless for such students from the weighted
526enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.a.
527during the first school year in which the students are reported.
528     (e)  Following notification on July 1, September 1,
529December 1, or February 1 of the number of program participants,
530the Department of Education shall transfer, from General Revenue
531funds only, the amount calculated under paragraph (b) from the
532school district's total funding entitlement under the Florida
533Education Finance Program and from authorized categorical
534accounts to a separate account for the scholarship program for
535quarterly disbursement to the parents of participating students.
536Funds may not be transferred from any funding provided to the
537Florida School for the Deaf and the Blind for program
538participants who are eligible under sub-subparagraph (2)(a)1.b.
539When a student enters the scholarship program, the Department of
540Education must receive all documentation required for the
541student's participation, including, but not limited to, the
542private school's and student's fee schedules, at least 30 days
543before the first quarterly scholarship payment is made for the
544student. The Department of Education may not make any
545retroactive payments.
546     (7)  OBLIGATIONS OF THE DEPARTMENT OF EDUCATION.--
547     (a)  The Department of Education shall perform the
548following duties:
549     1.  Review for compliance all documentation required for
550each scholarship student's participation, including, without
551limitation, the private school's schedule and the student's fee
552schedule.
553     2.  Verify the admission acceptance of each scholarship
554student to an eligible private school prior to the initial
555scholarship payment.
556     3.  Verify, prior to each scholarship payment, the
557enrollment and attendance of each scholarship student at the
558private 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
561s. 1002.01(1).
562     c.  Participating in instruction delivered by a
563correspondence school, private tutoring program as defined in s.
5641002.43, or distance learning courses, except as specifically
565permitted in paragraph (2)(b).
566     d.  Enrolled in a school operating for the purpose of
567providing education services to youth in commitment programs of
568the Department of Juvenile Justice.
569     e.  Currently enrolled in a public school in the state, if
570the student has a scholarship to attend a private school.
571     4.  Administer and prescribe an annual sworn and notarized
572compliance statement for each participating private school and
573independently verify the information provided by each
574participating private school.
575     5.  Review and verify the results of the background checks
576reported by the private school pursuant to subsection (4) for
577each person who fails to meet level 2 screening standards or who
578has been convicted of a crime involving moral turpitude.
579     6.  Determine the eligibility of a private school to accept
580McKay Scholarship students, based upon independent verification
581that the private school meets all the requirements in this
582section and all applicable rules adopted by the State Board of
583Education.
584     7.  Publish a current, on-line list of eligible private
585schools.
586     8.  Include each eligible private school on the on-line
587list of eligible private schools within 10 days after the
588private school is determined to be eligible to participate in
589the McKay Scholarship program.
590     9.  Remove immediately from the on-line list of eligible
591private schools any school that is determined by the Department
592of Education to be an ineligible private school, as provided for
593in paragraph (b).
594     10.  Remove immediately from the on-line list of eligible
595private schools any school that is determined by the Department
596of Education to be an ineligible school, as provided for in
597paragraphs (b) and (c).
598     (b)  The Department of Education shall deny or refuse to
599allow the participation of any private school if it determines
600that the private school or any of its owners or administrators
601has failed to meet the requirements for initial application or
602renewal as provided in this section.
603     (c)  The Department of Education shall issue a notice of
604noncompliance pursuant to s. 120.695 to any participating
605private school that violates any of the provisions of this
606section or the rules of the State Board of Education, if the
607violation is a minor violation as defined in s. 120.695. If a
608private school fails to satisfy the requirements specified in
609the notice of noncompliance within 30 days after its receipt by
610the school, the Department of Education shall issue an emergency
611order revoking the registration of the participating private
612school. The Department of Education shall issue an emergency
613order to immediately revoke the registration of a participating
614private school for a violation that is not a minor violation as
615defined in s. 120.695.
616     (d)  The Department of Education shall revoke the
617scholarship for a participant who fails to comply with the
618requirements 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
621s. 1002.01(1).
622     3.  Participates in instruction delivered by a
623correspondence school, a private tutoring program as defined in
624s. 1002.43, or distance learning courses, except as specifically
625permitted in paragraph (2)(b).
626     4.  Does not have regular and direct contact with the
627student's private school teachers at the school's physical
628location.
629     5.  Enrolls in a school operating for the purpose of
630providing educational services to youth in commitment programs
631of the Department of Juvenile Justice.
632     (e)  The Department of Education shall conduct an
633investigation of any written complaint of a violation of this
634section if the complaint is signed by the complainant and is
635legally sufficient. A complaint is legally sufficient if it
636contains ultimate facts that show that a violation of this
637section or any rule adopted by the State Board of Education has
638occurred. In order to determine legal sufficiency, the
639Department of Education may require supporting information or
640documentation. The Department of Education may investigate any
641complaint, including, but not limited to, anonymous complaints.
642     (f)  The Department of Education may not change a matrix of
643services completed by a school district. However, the department
644may make the following changes for a matrix for a student if the
645school district has identified the error but has failed to make
646a correction in a timely manner:
647     1.  A correction to a technical, typographical, or
648calculation error; or
649     2.  A change to align the matrix of services with the
650student's individual education plan completed by the school
651district for use in the public school prior to the student's
652enrolling in or attending a private school.
653
654The department must report any change made under this paragraph
655to the school district and the parent of the student.
656     (8)  OBLIGATIONS OF THE AUDITOR GENERAL.--Notwithstanding
657any other law to the contrary, the Auditor General must include
658in the operational audit of the Department of Education the John
659M. McKay Scholarships for Students with Disabilities Program.
660The Auditor General must include in the audit a review of a
661sample of the warrants used to pay for the scholarships, as well
662as random site visits to private schools participating in the
663John M. McKay Scholarships for Students with Disabilities
664Program. The purpose of the site visits is solely to verify the
665information reported by the schools concerning the enrollment
666and attendance of students, the credentials of teachers,
667background screening of teachers, and fingerprinting results of
668teachers, which information is required by rules of the State
669Board of Education or subsection (4). The Auditor General may
670not make more than one random site visit each year to the same
671private school, and each random site visit must be based upon
672probable cause of a violation of this section or other
673applicable laws.
674     (9)(7)  LIABILITY.--No liability shall arise on the part of
675the state based on the award or use of a John M. McKay
676Scholarship.
677     (10)(8)  RULES.--The State Board of Education shall adopt
678rules pursuant to ss. 120.536(1) and 120.54 to administer this
679section, including rules that school districts must use to
680expedite the development of a matrix of services based on a
681current individual education plan from another state or a
682foreign country for a transferring student with a disability who
683is a dependent child of a member of the United States Armed
684Forces. The rules must identify the appropriate school district
685personnel who must complete the matrix of services.  For
686purposes of these rules, a transferring student with a
687disability is one who was previously enrolled as a student with
688a disability in an out-of-state or an out-of-country public or
689private school or agency program and who is transferring from
690out of state or from a foreign country pursuant to a parent's
691permanent change of station orders. The rules must include
692provisions for:
693     (a)  Administering the annual sworn and notarized
694compliance statement to all participating private schools;
695     (b)  Establishing procedures for schools to request closed-
696enrollment and active status;
697     (c)  Establishing forms for changes to a matrix by a school
698district and the department;
699     (d)  Implementing the requirement that a private school
700timely notify the Department of Education of material changes to
701the school's registration information;
702     (e)  Establishing attendance-verification procedures and
703forms; and
704     (f)  Establishing procedures for determining student
705eligibility and approving scholarships.
706
707The rules related to the annual sworn and notarized compliance
708statement shall establish a deadline for the receipt of the
709initial sworn and notarized compliance statement from the
710private school and shall enumerate the items to be included in
711the statement. The rules shall enumerate the items to be
712included in a subsequent annual sworn and notarized compliance
713statement that is required in January of each year from the
714private school. However, the inclusion of eligible private
715schools within options available to Florida public school
716students does not expand the regulatory authority of the state,
717its officers, or any school district to impose any additional
718regulation of private schools beyond those reasonably necessary
719to 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;"
724insert:  
725amending s. 1002.39, F.S., relating to the John M. McKay
726Scholarships for Students with Disabilities Program; revising
727the definition of an eligible student; revising the eligibility
728requirements of the program; revising requirements for
729scholarship funding and payments; providing reporting
730requirements for school districts; holding a school district
731harmless from a specified student enrollment ceiling;
732prohibiting the transfer of funds to the Florida School for the
733Deaf and the Blind under certain circumstances; extending the
734term of the scholarship; prohibiting certain students from
735receiving a scholarship; revising the parental notification
736requirements; authorizing certain scholarship students to
737participate in a distance learning or correspondence course or a
738private tutoring program under certain circumstances; providing
739a definition of timely parental notification; providing
740requirements for district school boards with respect to
741completing and making changes to the matrix of services for
742scholarship students; requiring school districts to provide
743parental notification related to reassessments; revising
744requirements that a participating private school demonstrate
745fiscal soundness; requiring annual registration of private
746schools; providing requirements for documentation and notice;
747providing additional requirements for participating private
748schools; requiring annual sworn and notarized compliance
749statements to be filed with the department; requiring specific
750documentation for participating scholarship students; requiring
751that the private school maintain a physical location in this
752state; requiring that information be made available to potential
753scholarship students and the department; requiring scholarship
754students to participate in assessments; requiring notification
755to parents regarding student skill levels; requiring
756notification to the department regarding changes in information;
757requiring notification to local health departments; prohibiting
758discrimination on the basis of religion by a private school;
759requiring certain individuals to undergo level 2 background
760screening requirements pursuant to s. 943.0542, F.S.; requiring
761the Department of Education to verify the background screening
762information provided by the private school; providing for the
763Department of Law Enforcement to retain and search fingerprint
764records; providing for an annual fee as provided by rule of the
765Department of Law Enforcement; requiring that costs of
766background checks to be borne by certain parties; requiring the
767Department of Law Enforcement to provide the Department of
768Education with information related to background screening;
769prohibiting a private school from acting as an attorney in fact
770for the parent of a scholarship student or endorsing scholarship
771warrants on behalf of a parent; prohibiting participating
772private schools from sending or directing scholarship funds to
773parents of a scholarship student who receives instruction at
774home; prohibiting a participating school from being a private
775tutoring program or a correspondence or distance learning
776school; requiring a private school that is subject to
777enforcement action by the department for certain violations to
778file certain surety bonds and, pending compliance with certain
779laws, cease accepting new scholarship students; prohibiting a
780participating school from accepting students pending
781verification of information; authorizing a participating private
782school to request, and the department to grant, closed-
783enrollment status for a school; requiring a private school that
784is subject to enforcement action by the department for certain
785violations to file certain surety bonds and, pending compliance
786with certain laws, cease accepting new scholarship students;
787prohibiting the parent of a scholarship student from designating
788a participating private school as the parent's attorney in fact
789to sign a scholarship warrant; clarifying that the school
790district must report to the department the students who are
791attending a private school under the program; establishing
792additional obligations of the Department of Education; requiring
793the department to review, approve, and verify information;
794requiring the department to determine the eligibility of a
795private school to participate in the program; requiring the
796department to publish an on-line list of current eligible
797private schools; requiring the department to deny or refuse to
798allow the participation of a private school for failing to meet
799certain requirements; requiring the department to issue a notice
800of noncompliance for minor violations; providing for an
801emergency order revoking the registration of a private school
802for failing to satisfy the requirements in the notice; requiring
803the Department of Education to immediately revoke the
804registration of a private school for certain other violations;
805requiring the department to revoke the scholarship for a
806participant for failing to comply with statutory requirements or
807for engaging in specified practices; requiring the department to
808conduct investigations of legally sufficient complaints of
809violations; authorizing the department to require supporting
810information or documentation; authorizing the Department of
811Education to change the matrix of services under certain
812circumstances; providing for audits by the Auditor General;
813providing requirements for the audits; requiring the State Board
814of Education to adopt rules; specifying the required rules;


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