1 | Representative(s) Attkisson offered the following: |
2 |
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3 | Amendment (with title amendments) |
4 | Between line(s) 1005 and 1006 insert: |
5 | Section 11. Section 1002.395, Florida Statutes, is created |
6 | to read: |
7 | 1002.395 K-12 GI Bill Program.-- |
8 | (1) DEFINITIONS.--For purposes of this section: |
9 | (a) The term "active-duty member" means an active-duty |
10 | member of the Florida National Guard who is serving in Operation |
11 | Enduring Freedom or Operation Iraqi Freedom. |
12 | (b) The term "dependent" means a dependent of an active- |
13 | duty member of the Florida National Guard who is serving in |
14 | Operation Enduring Freedom or Operation Iraqi Freedom. |
15 | (2) PURPOSE.--The purpose of this section is to: |
16 | (a) Recognize, honor, and reward the courage and |
17 | sacrifices made by an active-duty member of the Florida National |
18 | Guard who is serving in Operation Enduring Freedom or Operation |
19 | Iraqi Freedom, and his or her family. |
20 | (b) Expand educational opportunities for children who are |
21 | dependents of an active-duty member. |
22 | (c) Provide a new benefit to an active-duty member by |
23 | giving such an individual the option to choose his or her |
24 | children's education. |
25 | (3) THE K-12 GI BILL PROGRAM.--The K-12 GI Bill Program is |
26 | established as a benefit to an active-duty member which provides |
27 | the option for his or her dependents to attend a public school |
28 | in the school district other than the one to which assigned, to |
29 | receive a K-12 GI Bill to attend a public school in an adjacent |
30 | school district, or to receive a K-12 GI Bill to attend an |
31 | eligible private school of his or her choice. |
32 | (4) K-12 GI BILL ELIGIBILITY.--The parent of a student who |
33 | is a dependent of an active-duty member may request and receive |
34 | from the state a K-12 GI Bill for the child to enroll in and |
35 | attend an eligible private school if the parent has notified the |
36 | school district that the student is a dependent of an active- |
37 | duty member; has obtained acceptance for admission of the |
38 | student to a private school that is eligible for the program |
39 | under subsection (6); and has notified the school district of |
40 | the request for a K-12 GI Bill at least 60 days before the date |
41 | of the first K-12 GI Bill payment. The parental notification |
42 | must be through a communication directly to the district or |
43 | through the Department of Education to the district in a manner |
44 | that creates a written or electronic record of the notification |
45 | and the date of receipt of the notification. A dependent child |
46 | of an active-duty member is not required to have been enrolled |
47 | and reported by a school district for funding during the |
48 | preceding October and February Florida Education Finance Program |
49 | surveys in kindergarten through grade 12, in order to be |
50 | eligible to receive a scholarship. This section does not apply |
51 | to a student who is enrolled in a school operating for the |
52 | purpose of providing educational services to youth in a |
53 | commitment program of the Department of Juvenile Justice. For |
54 | purposes of continuity of educational choice, the K-12 GI Bill |
55 | shall remain in force until the student returns to a public |
56 | school or graduates from high school. However, at any time, the |
57 | student's parent may remove the student from the private school |
58 | and place the student in another private school that is eligible |
59 | to provide educational opportunities for students whose families |
60 | choose to use a K-12 GI Bill under subsection (6) or may place |
61 | the student in a public school as provided in subsection (5). |
62 | (5) SCHOOL DISTRICT OBLIGATIONS.-- |
63 | (a) A school district shall timely notify the parent of |
64 | each student who the school district has knowledge is a |
65 | dependent of an active-duty member of all options available |
66 | under this section and shall offer that student's parent an |
67 | opportunity to enroll the student in another public school |
68 | within the district. The parent is not required to accept this |
69 | offer in lieu of requesting a K-12 GI Bill for the student to |
70 | attend a public school in an adjacent school district or to |
71 | attend a private school. However, if the parent chooses to |
72 | enroll the student in another public school within the district, |
73 | the student may continue attending the public school chosen by |
74 | the parent until the student graduates from high school. The |
75 | option set forth in this paragraph may be exercised only on a |
76 | space-available basis. However, a student who is the dependent |
77 | of a parent on active-duty shall be given first priority, except |
78 | that this option is not available if exercising the option would |
79 | result in a violation of the constitutional class-size |
80 | requirements. If the parent chooses a public school consistent |
81 | with the district school board's choice plan under s. 1002.31, |
82 | the school district shall provide transportation to the public |
83 | school selected by the parent. The parent is responsible to |
84 | provide transportation to a chosen public school that is not |
85 | consistent with the district school board's plan under s. |
86 | 1002.31. |
87 | (b) The parent of a student may choose, as an alternative, |
88 | to enroll the student in and transport the student to a public |
89 | school in an adjacent school district which has available space, |
90 | and that school district shall accept the student and report the |
91 | student for purposes of the district's funding under the Florida |
92 | Education Finance Program. |
93 | (c) For a student in the school district who participates |
94 | in the K-12 GI Bill Program whose parent requests that the |
95 | student take the statewide assessments under s. 1008.22, the |
96 | district shall provide locations and times to take all statewide |
97 | assessments. |
98 | (d) A school district must notify the Department of |
99 | Education within 10 days after it receives notification of a |
100 | parent's intent to apply for a student to receive a K-12 GI |
101 | Bill. |
102 | (6) PRIVATE SCHOOL ELIGIBILITY.--To be eligible to provide |
103 | educational opportunities for students whose families choose to |
104 | use a K-12 GI Bill, a private school must be a Florida private |
105 | school, may be sectarian or nonsectarian, and must: |
106 | (a) Demonstrate fiscal soundness by being in operation for |
107 | at least 2 school years or file with the Department of Education |
108 | a surety bond or letter of credit for the amount equal to the K- |
109 | 12 GI Bill funds for each quarter. |
110 | (b) Notify the Department of Education of its intent to |
111 | provide educational opportunities for students whose families |
112 | choose to use a K-12 GI Bill. The notice must specify the grade |
113 | levels and services that the private school has available for |
114 | students attending on a K-12 GI Bill. |
115 | (c) Comply with the antidiscrimination provisions of 42 |
116 | U.S.C. s. 2000d. |
117 | (d) Meet state and local health and safety laws and codes. |
118 | (e) Be academically accountable to the parent for meeting |
119 | the educational needs of the student. |
120 | (f) Employ or contract with teachers who hold |
121 | baccalaureate or higher degrees, have at least 3 years of |
122 | teaching experience in public or private schools, or have |
123 | special skills, knowledge, or expertise that qualifies them to |
124 | provide instruction in subjects taught. |
125 | (g) Comply with all state laws relating to general |
126 | regulation of private schools. |
127 | (h) Adhere to the tenets of its published disciplinary |
128 | procedures before expelling a student who is attending the |
129 | school on a K-12 GI Bill. |
130 | (7) OBLIGATION OF FAMILIES CHOOSING TO USE A K-12 GI |
131 | BILL.-- |
132 | (a) A parent who applies for a K-12 GI Bill to enable his |
133 | or her child to attend a private school is exercising his or her |
134 | parental option to place his or her child in a private school. |
135 | The parent must select the private school and apply for the |
136 | admission of his or her child. |
137 | (b) If the parent chooses the private-school option and |
138 | the student is accepted by the private school pending the |
139 | availability of a space for the student, the parent of the |
140 | student must notify the school district at least 60 days before |
141 | the date of the first K-12 GI Bill payment and before the |
142 | student enters the private school in order to be eligible for |
143 | the K-12 GI Bill when a space becomes available for the student |
144 | in the private school. |
145 | (c) Any student attending a private school on a K-12 GI |
146 | Bill must remain in attendance throughout the school year, |
147 | unless excused by the school for illness or other good cause, |
148 | and must comply fully with the school's code of conduct. |
149 | (d) The parent of each student attending a private school |
150 | on a K-12 GI Bill must comply fully with the private school's |
151 | parental-involvement requirements unless excused by the school |
152 | for illness or other good cause. |
153 | (e) If the parent requests that the student attending a |
154 | private school on a K-12 GI Bill take all statewide assessments |
155 | required pursuant to s. 1008.22, the parent is responsible for |
156 | transporting the student to the assessment site designated by |
157 | the school district. |
158 | (f) Upon receipt of a K-12 GI Bill warrant, the parent to |
159 | whom the warrant is made must restrictively endorse the warrant |
160 | to the private school for deposit into the account of the |
161 | private school. |
162 | (g) Any failure to comply with this subsection results in |
163 | forfeiture of the K-12 GI Bill. |
164 | (8) K-12 GI BILL FUNDING AND PAYMENT.-- |
165 | (a) The amount of a K-12 GI Bill provided to any child for |
166 | any single school year may not exceed the following annual |
167 | limits: |
168 | 1. Three thousand six hundred dollars or the amount of |
169 | tuition and fees, whichever is less, for a K-12 GI Bill awarded |
170 | to a student enrolled in an eligible private school. |
171 | 2. Five hundred dollars, or the amount of transportation |
172 | expenses, whichever is less, for a K-12 GI Bill awarded to a |
173 | student enrolled in a Florida public school that is located |
174 | outside the school district in which the student resides. |
175 | (b) If a participating private school requires partial |
176 | payment of tuition before the start of the academic year to |
177 | reserve space for students admitted to the school, that partial |
178 | payment may be paid by the Department of Education before the |
179 | first quarterly payment of the year in which the K-12 GI Bill is |
180 | awarded, up to a maximum of $1,000, and deducted from subsequent |
181 | K-12 GI Bill payments. If a student decides not to attend the |
182 | participating private school, the participating private school |
183 | must return the partial reservation payment to the Department of |
184 | Education. There is a limit of one reservation payment per |
185 | student per year. |
186 | (c) The school district shall report all students who are |
187 | attending a private school on a K-12 GI Bill. The students |
188 | attending private schools on K-12 GI Bills shall be reported |
189 | separately from other students reported for purposes of the |
190 | Florida Education Finance Program. |
191 | (d) Following notification on July 1, September 1, |
192 | December 1, or February 1 of the number of students attending |
193 | private schools on K-12 GI Bills, the Department of Education |
194 | shall transfer, from general revenue funds only, the amount of |
195 | the K-12 GI Bills from the school district's total funding |
196 | entitlement under the Florida Education Finance Program to a |
197 | separate account for the K-12 GI Bills for quarterly |
198 | disbursement to the parents of K-12 GI Bill students. For |
199 | purposes of this paragraph, the term school district means the |
200 | school district in which the parent resides at the time of the |
201 | scholarship request. When a student enters a private school on a |
202 | K-12 GI Bill, the Department of Education must receive all |
203 | documentation required for the student's K-12 GI Bill, including |
204 | the private school's and student's fee schedules, at least 30 |
205 | days before the first quarterly K-12 GI Bill payment is made for |
206 | the student. The Department of Education may not make any |
207 | retroactive payments. |
208 | (e) Upon proper documentation reviewed and approved by the |
209 | Department of Education, the Chief Financial Officer shall make |
210 | K-12 GI Bill payments in four equal amounts no later than |
211 | September 1, November 1, February 1, and April 15 of each |
212 | academic year in which the K-12 GI Bill is in force. The initial |
213 | payment for attendance at a private school shall be made after |
214 | Department of Education verification of admission acceptance, |
215 | and subsequent payments shall be made upon verification of |
216 | continued enrollment and attendance at the private school. |
217 | Payment must be by individual warrant made payable to the |
218 | student's parent and mailed by the Department of Education to |
219 | the private school of the parent's choice, and the parent shall |
220 | restrictively endorse the warrant to the private school for |
221 | deposit into the account of the private school. |
222 | (9) LIABILITY.--The state is not liable for any loss based |
223 | on the award or use of a K-12 GI Bill. |
224 | (10) RULES.--The State Board of Education may adopt rules |
225 | under ss. 120.536(1) and 120.54 to administer this section. |
226 | However, the inclusion of eligible private schools within |
227 | options available to Florida public school students does not |
228 | expand the regulatory authority of the state, its officers, or |
229 | any school district to impose any additional regulation of |
230 | private schools beyond those reasonably necessary to enforce |
231 | requirements expressly set forth in this section. |
232 | (11) K-12 GI BILL PROHIBITIONS.--A student is not eligible |
233 | for aK-12 GI Bill if he or she is: |
234 | (a) Enrolled in a school operating for the purpose of |
235 | providing educational services to youth in Department of |
236 | Juvenile Justice commitment programs. |
237 | (b) Receiving a scholarship from an eligible nonprofit |
238 | scholarship-funding organization under s. 220.187. |
239 | (c) Receiving an educational scholarship pursuant to this |
240 | chapter. |
241 | (d) Participating in a home education program as defined |
242 | in s. 1002.01(1). |
243 | (e) Participating in a private tutoring program pursuant |
244 | to s. 1002.43. |
245 | (f) Participating in a virtual school, correspondence |
246 | school, or distance learning program that receives state funding |
247 | pursuant to the student's participation. |
248 | (12) DEPARTMENT OF EDUCATION OBLIGATIONS.--The department |
249 | shall: |
250 | (a) Annually verify the eligibility of private schools |
251 | that meet the requirements of subsection (8). |
252 | (b) Establish a toll-free hotline that provides parents |
253 | and private schools with information on participation in the K- |
254 | 12 GI Bill Program. |
255 | (c) Establish a process by which individuals may notify |
256 | the department of any violation by a parent, private school, or |
257 | school district of state laws relating to program participation. |
258 | The department shall conduct an investigation of any written |
259 | complaint of a violation of this section, or make a referral to |
260 | the appropriate agency for investigation, if the complaint is |
261 | signed by the complainant and is legally sufficient. A complaint |
262 | is legally sufficient if it contains ultimate facts that show |
263 | that a violation of this section or any rule adopted by the |
264 | State Board of Education has occurred. In order to determine |
265 | legal sufficiency, the department may require supporting |
266 | information or documentation from the complainant. |
267 | (d) Require an annual, notarized, sworn compliance |
268 | statement by participating private schools certifying compliance |
269 | with state laws and shall retain such records. |
270 | (e) Cross-check the list of participating students with |
271 | the public school enrollment lists prior to the first payment to |
272 | avoid duplication. |
273 | (f) Identify all nationally norm-referenced tests that are |
274 | comparable to the norm-referenced test portions of the Florida |
275 | Comprehensive Assessment Test(FCAT). |
276 | (g) Select an independent private research organization to |
277 | which participating private schools must report the scores of |
278 | participating students on the nationally norm-referenced tests |
279 | administered by the private school. The independent private |
280 | research organization must annually report to the department on |
281 | the year-to-year improvements of the participating students. The |
282 | independent private research organization must analyze and |
283 | report student performance data in a manner that protects the |
284 | rights of students and parents as mandated in 20 U.S.C. s. |
285 | 1232g, the Family Educational Rights and Privacy Act, and must |
286 | not disaggregate data to a level that will disclose the academic |
287 | level of individual students or of individual schools. To the |
288 | extent possible, the independent private research organization |
289 | must accumulate historical performance data on students from the |
290 | department and private schools to describe baseline performance |
291 | and to conduct longitudinal studies. To minimize costs and |
292 | reduce time required for third-party analysis and evaluation, |
293 | the department shall conduct analyses of matched students from |
294 | public school assessment data and calculate control group |
295 | learning gains using an agreed-upon methodology outlined in the |
296 | contract with the third-party evaluator. The sharing of student |
297 | data must be in accordance with requirements of 20 U.S.C. s. |
298 | 1232g, the Family Educational Rights and Privacy Act, and shall |
299 | be for the sole purpose of conducting the evaluation. All |
300 | parties must preserve the confidentiality of such information as |
301 | required by law. |
302 | (13) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.- |
303 | (a) The Commissioner of Education shall deny, suspend, or |
304 | revoke a private school's participation in the program if it is |
305 | determined that the private school has failed to comply with the |
306 | provisions of this section. However, if the noncompliance is |
307 | correctable within a reasonable amount of time and if the |
308 | health, safety, and welfare of the students are not threatened, |
309 | the commissioner may issue a notice of noncompliance which shall |
310 | provide the private school with a timeframe within which to |
311 | provide evidence of compliance prior to taking action to suspend |
312 | or revoke the private school's participation in the program. |
313 | (b) The commissioner's determination is subject to the |
314 | following: |
315 | 1. If the commissioner intends to deny, suspend, or revoke |
316 | a private school's participation in the program, the department |
317 | shall notify the private school of such proposed action in |
318 | writing by certified mail and regular mailto the private |
319 | school's address of record with the department. The notification |
320 | shall include the reasons for the proposed action and notice of |
321 | the timelines and procedures set forth in this paragraph. |
322 | 2. The private school that is adversely affected by the |
323 | proposed action shall have 15 days after receipt of the notice |
324 | of proposed action to file with the department's agency clerk a |
325 | request for a proceeding pursuant to ss.120.569 and 120.57. If |
326 | the private school is entitled to a hearing under s.120.57(1), |
327 | the department shall forward the request to the Division of |
328 | Administrative Hearings. |
329 | 3. Upon receipt of a request referred pursuant to this |
330 | paragraph, the director of the Division of Administrative |
331 | Hearings shall expedite the hearing and assign an administrative |
332 | law judge who shall commence a hearing within 30days after the |
333 | receipt of the formal written request by the division and enter |
334 | a recommended order within 30 days after the hearing or within |
335 | 30 days after receipt of the hearing transcript, whichever is |
336 | later. Each party shall be allowed 10 days in which to submit |
337 | written exceptions to the recommended order. A final order shall |
338 | be entered by the agency within 30 days after the entry of a |
339 | recommended order. The provisions of this subparagraph may be |
340 | waived upon stipulation by all parties. |
341 | (c) The commissioner may immediately suspend payment if it |
342 | is determined that there is probable cause to believe that there |
343 | is: |
344 | 1. An imminent threat to the health, safety, and welfare |
345 | of the students; or |
346 | 2. Fraudulent activity on the part of the private school. |
347 |
|
348 | The commissioner's order suspending payment pursuant to this |
349 | paragraph may be appealed pursuant to the same procedures and |
350 | timelines as the notice of proposed action set forth in |
351 | paragraph (b). |
352 | (d) The parent shall ensure that the student participating |
353 | in the program takes the norm-referenced assessment offered by |
354 | the private school. The parent may also choose to have the |
355 | student participate in the statewide assessments pursuant to s. |
356 | 1008.22. If the parent requests that the student take statewide |
357 | assessments pursuant to s. 1008.22, the parent is responsible |
358 | for transporting the student to the assessment site designated |
359 | by the school district. |
360 | (e) Subsequent to each payment, the Department of |
361 | Financial Services shall randomly review endorsed warrants to |
362 | confirm compliance with endorsement requirements. The Department |
363 | of Financial Services shall immediately report inconsistencies |
364 | or irregularities to the department. |
365 | (14) WAIVER OF DEADLINES.--In the event of an act of God, |
366 | which means an act occasioned exclusively by violence of nature |
367 | without the interference of any human agency, the State Board of |
368 | Education is authorized to waive any deadlines to effectuate the |
369 | purposes of the K-12 GI Bill. |
370 | (g) Each private school shall require each individual with |
371 | direct student contact with a scholarship student to be of good |
372 | moral character, to be subject to the level 1 background |
373 | screening as provided under chapter 435,to be denied employment |
374 | or terminated if required under s. 435.06, and not to be |
375 | ineligible to teach in a public school because his or her |
376 | educator certificate is suspended or revoked. For purposes of |
377 | this paragraph: |
378 | 1. An "individual with direct student contact" means any |
379 | individual who has unsupervised access to a scholarship student |
380 | for whom the private school is responsible. |
381 | 2. The costs of fingerprinting and the background check |
382 | shall not be borne by the state. |
383 | 3. Continued employment of an individual after |
384 | notification that the individual has failed the level 1 |
385 | background screening shall cause a private school to be |
386 | ineligible for participation in the scholarship program. |
387 | 4. An individual holding a valid Florida teaching |
388 | certificate who has been fingerprinted pursuant to s. 1012.32 |
389 | shall not be required to comply with the provisions of this |
390 | paragraph. |
391 | (h) The private school shall annually administer or make |
392 | provision for students participating in the program to take one |
393 | of the nationally norm-referenced tests identified by the |
394 | department. Students with disabilities for whom standardized |
395 | testing is not appropriate are exempt from this requirement. A |
396 | participating private school must report a student's scores to |
397 | the parent and to the independent private research organization |
398 | selected by the department. |
399 | Section 12. Paragraphs (a) and (b) of subsection (6) of |
400 | section 1002.20, Florida Statutes, are amended to read: |
401 | 1002.20 K-12 student and parent rights.--Parents of public |
402 | school students must receive accurate and timely information |
403 | regarding their child's academic progress and must be informed |
404 | of ways they can help their child to succeed in school. K-12 |
405 | students and their parents are afforded numerous statutory |
406 | rights including, but not limited to, the following: |
407 | (6) EDUCATIONAL CHOICE.-- |
408 | (a) Public school choices.--Parents of public school |
409 | students may seek whatever public school choice options that are |
410 | applicable to their students and are available to students in |
411 | their school districts. These options may include controlled |
412 | open enrollment, lab schools, charter schools, charter technical |
413 | career centers, magnet schools, alternative schools, special |
414 | programs, advanced placement, dual enrollment, International |
415 | Baccalaureate, early admissions, credit by examination or |
416 | demonstration of competency, the New World School of the Arts, |
417 | the Florida School for the Deaf and the Blind, and the Florida |
418 | Virtual School. These options may also include the public school |
419 | choice options of the Opportunity Scholarship Program, and the |
420 | McKay Scholarships for Students with Disabilities Program, and |
421 | the K-12 GI Bill Program. |
422 | (b) Private school choices.--Parents of public school |
423 | students may seek private school choice options under certain |
424 | programs. |
425 | 1. Under the Opportunity Scholarship Program, the parent |
426 | of a student in a failing public school may request and receive |
427 | an opportunity scholarship for the student to attend a private |
428 | school in accordance with the provisions of s. 1002.38. |
429 | 2. Under the McKay Scholarships for Students with |
430 | Disabilities Program, the parent of a public school student with |
431 | a disability who is dissatisfied with the student's progress may |
432 | request and receive a McKay Scholarship for the student to |
433 | attend a private school in accordance with the provisions of s. |
434 | 1002.39. |
435 | 3. Under the K-12 GI Bill Program, the parent of a public |
436 | school student who is a dependent of an active-duty member as |
437 | defined in s. 1002.395(1) may request and receive a K-12 GI Bill |
438 | for the student to attend a private school in accordance with s. |
439 | 1002.395. |
440 | 4.3. Under the corporate income tax credit scholarship |
441 | program, the parent of a student who qualifies for free or |
442 | reduced-price school lunch may seek a scholarship from an |
443 | eligible nonprofit scholarship-funding organization in |
444 | accordance with the provisions of s. 220.187. |
445 |
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446 | ================ T I T L E A M E N D M E N T ============= |
447 | Remove line(s) 59 and insert: |
448 | s. 1002.395, F.S.; establishing the K-12 GI Bill Program to |
449 | provide educational options for dependents of an active-duty |
450 | member of the Florida National Guard who is serving in Operation |
451 | Enduring Freedom or Operation Iraqi Freedom; providing that a |
452 | student may attend a public school in the school district other |
453 | than the one to which assigned; providing that a student may |
454 | receive a K-12 GI Bill to attend a public school in an adjacent |
455 | school district or to attend a private school; amending s. |
456 | 1002.20, F.S., relating to student and parent rights to |
457 | educational choice, to conform; creating s. 1002.421, F.S., |
458 | relating to rights and obligations of |