Amendment
Bill No. 6007
Amendment No. 939959
CHAMBER ACTION
Senate House
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1Representative(s) Attkisson offered the following:
2
3     Amendment (with title amendments)
4     Between line(s) 1005 and 1006 insert:
5     Section 11.  Section 1002.395, Florida Statutes, is created
6to 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
10member of the Florida National Guard who is serving in Operation
11Enduring Freedom or Operation Iraqi Freedom.
12     (b) The term "dependent" means a dependent of an active-
13duty member of the Florida National Guard who is serving in
14Operation 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
17sacrifices made by an active-duty member of the Florida National
18Guard who is serving in Operation Enduring Freedom or Operation
19Iraqi Freedom, and his or her family.
20     (b)  Expand educational opportunities for children who are
21dependents of an active-duty member.
22     (c)  Provide a new benefit to an active-duty member by
23giving such an individual the option to choose his or her
24children's education.
25     (3)  THE K-12 GI BILL PROGRAM.--The K-12 GI Bill Program is
26established as a benefit to an active-duty member which provides
27the option for his or her dependents to attend a public school
28in the school district other than the one to which assigned, to
29receive a K-12 GI Bill to attend a public school in an adjacent
30school district, or to receive a K-12 GI Bill to attend an
31eligible private school of his or her choice.
32     (4)  K-12 GI BILL ELIGIBILITY.--The parent of a student who
33is a dependent of an active-duty member may request and receive
34from the state a K-12 GI Bill for the child to enroll in and
35attend an eligible private school if the parent has notified the
36school district that the student is a dependent of an active-
37duty member; has obtained acceptance for admission of the
38student to a private school that is eligible for the program
39under subsection (6); and has notified the school district of
40the request for a K-12 GI Bill at least 60 days before the date
41of the first K-12 GI Bill payment. The parental notification
42must be through a communication directly to the district or
43through the Department of Education to the district in a manner
44that creates a written or electronic record of the notification
45and the date of receipt of the notification. A dependent child
46of an active-duty member is not required to have been enrolled
47and reported by a school district for funding during the
48preceding October and February Florida Education Finance Program
49surveys in kindergarten through grade 12, in order to be
50eligible to receive a scholarship. This section does not apply
51to a student who is enrolled in a school operating for the
52purpose of providing educational services to youth in a
53commitment program of the Department of Juvenile Justice. For
54purposes of continuity of educational choice, the K-12 GI Bill
55shall remain in force until the student returns to a public
56school or graduates from high school. However, at any time, the
57student's parent may remove the student from the private school
58and place the student in another private school that is eligible
59to provide educational opportunities for students whose families
60choose to use a K-12 GI Bill under subsection (6) or may place
61the 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
64each student who the school district has knowledge is a
65dependent of an active-duty member of all options available
66under this section and shall offer that student's parent an
67opportunity to enroll the student in another public school
68within the district. The parent is not required to accept this
69offer in lieu of requesting a K-12 GI Bill for the student to
70attend a public school in an adjacent school district or to
71attend a private school. However, if the parent chooses to
72enroll the student in another public school within the district,
73the student may continue attending the public school chosen by
74the parent until the student graduates from high school. The
75option set forth in this paragraph may be exercised only on a
76space-available basis. However, a student who is the dependent
77of a parent on active-duty shall be given first priority, except
78that this option is not available if exercising the option would
79result in a violation of the constitutional class-size
80requirements. If the parent chooses a public school consistent
81with the district school board's choice plan under s. 1002.31,
82the school district shall provide transportation to the public
83school selected by the parent. The parent is responsible to
84provide transportation to a chosen public school that is not
85consistent with the district school board's plan under s.
861002.31.
87     (b)  The parent of a student may choose, as an alternative,
88to enroll the student in and transport the student to a public
89school in an adjacent school district which has available space,
90and that school district shall accept the student and report the
91student for purposes of the district's funding under the Florida
92Education Finance Program.
93     (c)  For a student in the school district who participates
94in the K-12 GI Bill Program whose parent requests that the
95student take the statewide assessments under s. 1008.22, the
96district shall provide locations and times to take all statewide
97assessments.
98     (d)  A school district must notify the Department of
99Education within 10 days after it receives notification of a
100parent's intent to apply for a student to receive a K-12 GI
101Bill.
102     (6)  PRIVATE SCHOOL ELIGIBILITY.--To be eligible to provide
103educational opportunities for students whose families choose to
104use a K-12 GI Bill, a private school must be a Florida private
105school, may be sectarian or nonsectarian, and must:
106     (a)  Demonstrate fiscal soundness by being in operation for
107at least 2 school years or file with the Department of Education
108a surety bond or letter of credit for the amount equal to the K-
10912 GI Bill funds for each quarter.
110     (b)  Notify the Department of Education of its intent to
111provide educational opportunities for students whose families
112choose to use a K-12 GI Bill. The notice must specify the grade
113levels and services that the private school has available for
114students attending on a K-12 GI Bill.
115     (c)  Comply with the antidiscrimination provisions of 42
116U.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
119the educational needs of the student.
120     (f)  Employ or contract with teachers who hold
121baccalaureate or higher degrees, have at least 3 years of
122teaching experience in public or private schools, or have
123special skills, knowledge, or expertise that qualifies them to
124provide instruction in subjects taught.
125     (g)  Comply with all state laws relating to general
126regulation of private schools.
127     (h)  Adhere to the tenets of its published disciplinary
128procedures before expelling a student who is attending the
129school on a K-12 GI Bill.
130     (7)  OBLIGATION OF FAMILIES CHOOSING TO USE A K-12 GI
131BILL.--
132     (a)  A parent who applies for a K-12 GI Bill to enable his
133or her child to attend a private school is exercising his or her
134parental option to place his or her child in a private school.
135The parent must select the private school and apply for the
136admission of his or her child.
137     (b)  If the parent chooses the private-school option and
138the student is accepted by the private school pending the
139availability of a space for the student, the parent of the
140student must notify the school district at least 60 days before
141the date of the first K-12 GI Bill payment and before the
142student enters the private school in order to be eligible for
143the K-12 GI Bill when a space becomes available for the student
144in the private school.
145     (c)  Any student attending a private school on a K-12 GI
146Bill must remain in attendance throughout the school year,
147unless excused by the school for illness or other good cause,
148and must comply fully with the school's code of conduct.
149     (d)  The parent of each student attending a private school
150on a K-12 GI Bill must comply fully with the private school's
151parental-involvement requirements unless excused by the school
152for illness or other good cause.
153     (e)  If the parent requests that the student attending a
154private school on a K-12 GI Bill take all statewide assessments
155required pursuant to s. 1008.22, the parent is responsible for
156transporting the student to the assessment site designated by
157the school district.
158     (f)  Upon receipt of a K-12 GI Bill warrant, the parent to
159whom the warrant is made must restrictively endorse the warrant
160to the private school for deposit into the account of the
161private school.
162     (g)  Any failure to comply with this subsection results in
163forfeiture 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
166any single school year may not exceed the following annual
167limits:
168     1.  Three thousand six hundred dollars or the amount of
169tuition and fees, whichever is less, for a K-12 GI Bill awarded
170to a student enrolled in an eligible private school.
171     2.  Five hundred dollars, or the amount of transportation
172expenses, whichever is less, for a K-12 GI Bill awarded to a
173student enrolled in a Florida public school that is located
174outside the school district in which the student resides.
175     (b)  If a participating private school requires partial
176payment of tuition before the start of the academic year to
177reserve space for students admitted to the school, that partial
178payment may be paid by the Department of Education before the
179first quarterly payment of the year in which the K-12 GI Bill is
180awarded, up to a maximum of $1,000, and deducted from subsequent
181K-12 GI Bill payments. If a student decides not to attend the
182participating private school, the participating private school
183must return the partial reservation payment to the Department of
184Education. There is a limit of one reservation payment per
185student per year.
186     (c)  The school district shall report all students who are
187attending a private school on a K-12 GI Bill. The students
188attending private schools on K-12 GI Bills shall be reported
189separately from other students reported for purposes of the
190Florida Education Finance Program.
191     (d)  Following notification on July 1, September 1,
192December 1, or February 1 of the number of students attending
193private schools on K-12 GI Bills, the Department of Education
194shall transfer, from general revenue funds only, the amount of
195the K-12 GI Bills from the school district's total funding
196entitlement under the Florida Education Finance Program to a
197separate account for the K-12 GI Bills for quarterly
198disbursement to the parents of K-12 GI Bill students. For
199purposes of this paragraph, the term school district means the
200school district in which the parent resides at the time of the
201scholarship request. When a student enters a private school on a
202K-12 GI Bill, the Department of Education must receive all
203documentation required for the student's K-12 GI Bill, including
204the private school's and student's fee schedules, at least 30
205days before the first quarterly K-12 GI Bill payment is made for
206the student. The Department of Education may not make any
207retroactive payments.
208     (e)  Upon proper documentation reviewed and approved by the
209Department of Education, the Chief Financial Officer shall make
210K-12 GI Bill payments in four equal amounts no later than
211September 1, November 1, February 1, and April 15 of each
212academic year in which the K-12 GI Bill is in force. The initial
213payment for attendance at a private school shall be made after
214Department of Education verification of admission acceptance,
215and subsequent payments shall be made upon verification of
216continued enrollment and attendance at the private school.
217Payment must be by individual warrant made payable to the
218student's parent and mailed by the Department of Education to
219the private school of the parent's choice, and the parent shall
220restrictively endorse the warrant to the private school for
221deposit into the account of the private school.
222     (9)  LIABILITY.--The state is not liable for any loss based
223on the award or use of a K-12 GI Bill.
224     (10)  RULES.--The State Board of Education may adopt rules
225under ss. 120.536(1) and 120.54 to administer this section.
226However, the inclusion of eligible private schools within
227options available to Florida public school students does not
228expand the regulatory authority of the state, its officers, or
229any school district to impose any additional regulation of
230private schools beyond those reasonably necessary to enforce
231requirements expressly set forth in this section.
232     (11)  K-12 GI BILL PROHIBITIONS.--A student is not eligible
233for aK-12 GI Bill if he or she is:
234     (a)  Enrolled in a school operating for the purpose of
235providing educational services to youth in Department of
236Juvenile Justice commitment programs.
237     (b)  Receiving a scholarship from an eligible nonprofit
238scholarship-funding organization under s. 220.187.
239     (c)  Receiving an educational scholarship pursuant to this
240chapter.
241     (d)  Participating in a home education program as defined
242in s. 1002.01(1).
243     (e)  Participating in a private tutoring program pursuant
244to s. 1002.43.
245     (f)  Participating in a virtual school, correspondence
246school, or distance learning program that receives state funding
247pursuant to the student's participation.
248     (12)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The department
249shall:
250     (a)  Annually verify the eligibility of private schools
251that meet the requirements of subsection (8).
252     (b)  Establish a toll-free hotline that provides parents
253and private schools with information on participation in the K-
25412 GI Bill Program.
255     (c)  Establish a process by which individuals may notify
256the department of any violation by a parent, private school, or
257school district of state laws relating to program participation.
258The department shall conduct an investigation of any written
259complaint of a violation of this section, or make a referral to
260the appropriate agency for investigation, if the complaint is
261signed by the complainant and is legally sufficient. A complaint
262is legally sufficient if it contains ultimate facts that show
263that a violation of this section or any rule adopted by the
264State Board of Education has occurred. In order to determine
265legal sufficiency, the department may require supporting
266information or documentation from the complainant.
267     (d)  Require an annual, notarized, sworn compliance
268statement by participating private schools certifying compliance
269with state laws and shall retain such records.
270     (e)  Cross-check the list of participating students with
271the public school enrollment lists prior to the first payment to
272avoid duplication.
273     (f)  Identify all nationally norm-referenced tests that are
274comparable to the norm-referenced test portions of the Florida
275Comprehensive Assessment Test(FCAT).
276     (g)  Select an independent private research organization to
277which participating private schools must report the scores of
278participating students on the nationally norm-referenced tests
279administered by the private school. The independent private
280research organization must annually report to the department on
281the year-to-year improvements of the participating students. The
282independent private research organization must analyze and
283report student performance data in a manner that protects the
284rights of students and parents as mandated in 20 U.S.C. s.
2851232g, the Family Educational Rights and Privacy Act, and must
286not disaggregate data to a level that will disclose the academic
287level of individual students or of individual schools. To the
288extent possible, the independent private research organization
289must accumulate historical performance data on students from the
290department and private schools to describe baseline performance
291and to conduct longitudinal studies. To minimize costs and
292reduce time required for third-party analysis and evaluation,
293the department shall conduct analyses of matched students from
294public school assessment data and calculate control group
295learning gains using an agreed-upon methodology outlined in the
296contract with the third-party evaluator. The sharing of student
297data must be in accordance with requirements of 20 U.S.C. s.
2981232g, the Family Educational Rights and Privacy Act, and shall
299be for the sole purpose of conducting the evaluation. All
300parties must preserve the confidentiality of such information as
301required by law.
302     (13)  COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.-
303     (a)  The Commissioner of Education shall deny, suspend, or
304revoke a private school's participation in the program if it is
305determined that the private school has failed to comply with the
306provisions of this section. However, if the noncompliance is
307correctable within a reasonable amount of time and if the
308health, safety, and welfare of the students are not threatened,
309the commissioner may issue a notice of noncompliance which shall
310provide the private school with a timeframe within which to
311provide evidence of compliance prior to taking action to suspend
312or revoke the private school's participation in the program.
313     (b)  The commissioner's determination is subject to the
314following:
315     1.  If the commissioner intends to deny, suspend, or revoke
316a private school's participation in the program, the department
317shall notify the private school of such proposed action in
318writing by certified mail and regular mailto the private
319school's address of record with the department. The notification
320shall include the reasons for the proposed action and notice of
321the timelines and procedures set forth in this paragraph.
322     2.  The private school that is adversely affected by the
323proposed action shall have 15 days after receipt of the notice
324of proposed action to file with the department's agency clerk a
325request for a proceeding pursuant to ss.120.569 and 120.57. If
326the private school is entitled to a hearing under s.120.57(1),
327the department shall forward the request to the Division of
328Administrative Hearings.
329     3.  Upon receipt of a request referred pursuant to this
330paragraph, the director of the Division of Administrative
331Hearings shall expedite the hearing and assign an administrative
332law judge who shall commence a hearing within 30days after the
333receipt of the formal written request by the division and enter
334a recommended order within 30 days after the hearing or within
33530 days after receipt of the hearing transcript, whichever is
336later. Each party shall be allowed 10 days in which to submit
337written exceptions to the recommended order. A final order shall
338be entered by the agency within 30 days after the entry of a
339recommended order. The provisions of this subparagraph may be
340waived upon stipulation by all parties.
341     (c)  The commissioner may immediately suspend payment if it
342is determined that there is probable cause to believe that there
343is:
344     1.  An imminent threat to the health, safety, and welfare
345of the students; or
346     2.  Fraudulent activity on the part of the private school.
347
348The commissioner's order suspending payment pursuant to this
349paragraph may be appealed pursuant to the same procedures and
350timelines as the notice of proposed action set forth in
351paragraph (b).
352     (d)  The parent shall ensure that the student participating
353in the program takes the norm-referenced assessment offered by
354the private school. The parent may also choose to have the
355student participate in the statewide assessments pursuant to s.
3561008.22. If the parent requests that the student take statewide
357assessments pursuant to s. 1008.22, the parent is responsible
358for transporting the student to the assessment site designated
359by the school district.
360     (e)  Subsequent to each payment, the Department of
361Financial Services shall randomly review endorsed warrants to
362confirm compliance with endorsement requirements. The Department
363of Financial Services shall immediately report inconsistencies
364or irregularities to the department.
365     (14)  WAIVER OF DEADLINES.--In the event of an act of God,
366which means an act occasioned exclusively by violence of nature
367without the interference of any human agency, the State Board of
368Education is authorized to waive any deadlines to effectuate the
369purposes of the K-12 GI Bill.
370     (g)  Each private school shall require each individual with
371direct student contact with a scholarship student to be of good
372moral character, to be subject to the level 1 background
373screening as provided under chapter 435,to be denied employment
374or terminated if required under s. 435.06, and not to be
375ineligible to teach in a public school because his or her
376educator certificate is suspended or revoked. For purposes of
377this paragraph:
378     1.  An "individual with direct student contact" means any
379individual who has unsupervised access to a scholarship student
380for whom the private school is responsible.
381     2.  The costs of fingerprinting and the background check
382shall not be borne by the state.
383     3.  Continued employment of an individual after
384notification that the individual has failed the level 1
385background screening shall cause a private school to be
386ineligible for participation in the scholarship program.
387     4.  An individual holding a valid Florida teaching
388certificate who has been fingerprinted pursuant to s. 1012.32
389shall not be required to comply with the provisions of this
390paragraph.
391     (h)  The private school shall annually administer or make
392provision for students participating in the program to take one
393of the nationally norm-referenced tests identified by the
394department. Students with disabilities for whom standardized
395testing is not appropriate are exempt from this requirement. A
396participating private school must report a student's scores to
397the parent and to the independent private research organization
398selected by the department.
399     Section 12.  Paragraphs (a) and (b) of subsection (6) of
400section 1002.20, Florida Statutes, are amended to read:
401     1002.20  K-12 student and parent rights.--Parents of public
402school students must receive accurate and timely information
403regarding their child's academic progress and must be informed
404of ways they can help their child to succeed in school. K-12
405students and their parents are afforded numerous statutory
406rights including, but not limited to, the following:
407     (6)  EDUCATIONAL CHOICE.--
408     (a)  Public school choices.--Parents of public school
409students may seek whatever public school choice options that are
410applicable to their students and are available to students in
411their school districts. These options may include controlled
412open enrollment, lab schools, charter schools, charter technical
413career centers, magnet schools, alternative schools, special
414programs, advanced placement, dual enrollment, International
415Baccalaureate, early admissions, credit by examination or
416demonstration of competency, the New World School of the Arts,
417the Florida School for the Deaf and the Blind, and the Florida
418Virtual School. These options may also include the public school
419choice options of the Opportunity Scholarship Program, and the
420McKay Scholarships for Students with Disabilities Program, and
421the K-12 GI Bill Program.
422     (b)  Private school choices.--Parents of public school
423students may seek private school choice options under certain
424programs.
425     1.  Under the Opportunity Scholarship Program, the parent
426of a student in a failing public school may request and receive
427an opportunity scholarship for the student to attend a private
428school in accordance with the provisions of s. 1002.38.
429     2.  Under the McKay Scholarships for Students with
430Disabilities Program, the parent of a public school student with
431a disability who is dissatisfied with the student's progress may
432request and receive a McKay Scholarship for the student to
433attend a private school in accordance with the provisions of s.
4341002.39.
435     3.  Under the K-12 GI Bill Program, the parent of a public
436school student who is a dependent of an active-duty member as
437defined in s. 1002.395(1) may request and receive a K-12 GI Bill
438for the student to attend a private school in accordance with s.
4391002.395.
440     4.3.  Under the corporate income tax credit scholarship
441program, the parent of a student who qualifies for free or
442reduced-price school lunch may seek a scholarship from an
443eligible nonprofit scholarship-funding organization in
444accordance with the provisions of s. 220.187.
445
446================ T I T L E  A M E N D M E N T =============
447     Remove line(s) 59 and insert:
448s. 1002.395, F.S.; establishing the K-12 GI Bill Program to
449provide educational options for dependents of an active-duty
450member of the Florida National Guard who is serving in Operation
451Enduring Freedom or Operation Iraqi Freedom; providing that a
452student may attend a public school in the school district other
453than the one to which assigned; providing that a student may
454receive a K-12 GI Bill to attend a public school in an adjacent
455school district or to attend a private school; amending s.
4561002.20, F.S., relating to student and parent rights to
457educational choice, to conform; creating s. 1002.421, F.S.,
458relating to rights and obligations of


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