Senate Bill sb0876

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    Florida Senate - 2005                                   SB 876

    By Senator Baker





    20-241A-05

  1                      A bill to be entitled

  2         An act relating to educational choice programs;

  3         creating s. 1002.395, F.S.; establishing the

  4         K-12 GI Bill Program to provide educational

  5         options for dependents of an active-duty member

  6         of any branch of the United States Armed

  7         Forces, an active member of the Florida

  8         National Guard, or an active member of the

  9         Armed Forces Reserves; providing that a student

10         may attend a public school in the school

11         district other than the one to which assigned;

12         providing that a student may receive a K-12 GI

13         Bill to attend a public school in an adjacent

14         school district or to attend a private school;

15         providing K-12 GI Bill eligibility

16         requirements; providing school district

17         obligations; providing private school

18         eligibility requirements; providing obligations

19         of families choosing the private school option;

20         providing for the amount, funding, and payment

21         of a K-12 GI Bill; exempting the state from

22         liability; authorizing State Board of Education

23         rules; amending s. 1002.20, F.S., relating to

24         student and parent rights to educational

25         choice, to conform; providing an effective

26         date.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30         Section 1.  Section 1002.395, Florida Statutes, is

31  created to read:

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    Florida Senate - 2005                                   SB 876
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 1         1002.395  K-12 GI Bill Program.--

 2         (1)  PURPOSE.--The purpose of this section is to:

 3         (a)  Recognize, honor, and reward the courage and

 4  sacrifices made by an active-duty member of any branch of the

 5  United States Armed Forces, an active member of the Florida

 6  National Guard, or an active member of the Armed Forces

 7  Reserves, and his or her family.

 8         (b)  Expand educational opportunities for children who

 9  are dependents of an active-duty member of any branch of the

10  United States Armed Forces, an active member of the Florida

11  National Guard, or an active member of the Armed Forces

12  Reserves.

13         (c)  Provide a new benefit to an active-duty member of

14  any branch of the United States Armed Forces, an active member

15  of the Florida National Guard, or an active member of the

16  Armed Forces Reserves by giving such an individual the option

17  to choose his or her children's education.

18         (2)  THE K-12 GI BILL PROGRAM.--The K-12 GI Bill

19  Program is established as a benefit to an active-duty member

20  of any branch of the United States Armed Forces, an active

21  member of the Florida National Guard, or an active member of

22  the Armed Forces Reserves which provides the option for his or

23  her dependents to attend a public school in the school

24  district other than the one to which assigned, to receive a

25  K-12 GI Bill to attend a public school in an adjacent school

26  district, or to receive a K-12 GI Bill to attend an eligible

27  private school of his or her choice.

28         (3)  K-12 GI BILL ELIGIBILITY.--The parent of a student

29  who is a dependent of an active-duty member of any branch of

30  the United States Armed Forces, an active member of the

31  Florida National Guard, or an active member of the Armed

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    Florida Senate - 2005                                   SB 876
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 1  Forces Reserves may request and receive from the state a K-12

 2  GI Bill for the child to enroll in and attend an eligible

 3  private school if the parent has notified the school district

 4  that the student is a dependent of an active-duty member of

 5  any branch of the United States Armed Forces, an active member

 6  of the Florida National Guard, or an active member of the

 7  Armed Forces Reserves; has obtained acceptance for admission

 8  of the student to a private school that is eligible for the

 9  program under subsection (5); and has notified the school

10  district of the request for a K-12 GI Bill at least 60 days

11  before the date of the first K-12 GI Bill payment. The

12  parental notification must be through a communication directly

13  to the district or through the Department of Education to the

14  district in a manner that creates a written or electronic

15  record of the notification and the date of receipt of the

16  notification. This section does not apply to a student who is

17  enrolled in a school operating for the purpose of providing

18  educational services to youth in a commitment program of the

19  Department of Juvenile Justice. For purposes of continuity of

20  educational choice, the K-12 GI Bill shall remain in force

21  until the student returns to a public school or graduates from

22  high school. However, at any time, the student's parent may

23  remove the student from the private school and place the

24  student in another private school that is eligible to provide

25  educational opportunities for students whose families choose

26  to use a K-12 GI Bill under subsection (5) or may place the

27  student in a public school as provided in subsection (4).

28         (4)  SCHOOL DISTRICT OBLIGATIONS.--

29         (a)  A school district shall timely notify the parent

30  of each student who the school district has knowledge is a

31  dependent of an active-duty member of any branch of the United

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 1  States Armed Forces, an active member of the Florida National

 2  Guard, or an active member of the Armed Forces Reserves of all

 3  options available under this section and shall offer that

 4  student's parent an opportunity to enroll the student in

 5  another public school within the district. The parent is not

 6  required to accept this offer in lieu of requesting a K-12 GI

 7  Bill for the student to attend a public school in an adjacent

 8  school district or to attend a private school. However, if the

 9  parent chooses to enroll the student in another public school

10  within the district, the student may continue attending the

11  public school chosen by the parent until the student graduates

12  from high school. The option set forth in this paragraph may

13  be exercised only on a space-available basis. However, a

14  student who is the dependent of a parent on active-duty shall

15  be given first priority, except that this option is not

16  available if exercising the option would result in a violation

17  of the constitutional class-size requirements. If the parent

18  chooses a public school consistent with the district school

19  board's choice plan under s. 1002.31, the school district

20  shall provide transportation to the public school selected by

21  the parent. The parent is responsible to provide

22  transportation to a chosen public school that is not

23  consistent with the district school board's plan under s.

24  1002.31.

25         (b)  The parent of a student may choose, as an

26  alternative, to enroll the student in and transport the

27  student to a public school in an adjacent school district

28  which has available space, and that school district shall

29  accept the student and report the student for purposes of the

30  district's funding under the Florida Education Finance

31  Program.

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 1         (c)  For a student in the school district who

 2  participates in the K-12 GI Bill Program whose parent requests

 3  that the student take the statewide assessments under s.

 4  1008.22, the district shall provide locations and times to

 5  take all statewide assessments.

 6         (d)  A school district must notify the Department of

 7  Education within 10 days after it receives notification of a

 8  parent's intent to apply for a student to receive a K-12 GI

 9  Bill.

10         (5)  PRIVATE SCHOOL ELIGIBILITY.--To be eligible to

11  provide educational opportunities for students whose families

12  choose to use a K-12 GI Bill, a private school must be a

13  Florida private school, may be sectarian or nonsectarian, and

14  must:

15         (a)  Demonstrate fiscal soundness by being in operation

16  for at least 2 school years or file with the Department of

17  Education a surety bond or letter of credit for the amount

18  equal to the K-12 GI Bill funds for each quarter.

19         (b)  Notify the Department of Education of its intent

20  to provide educational opportunities for students whose

21  families choose to use a K-12 GI Bill. The notice must specify

22  the grade levels and services that the private school has

23  available for students attending on a K-12 GI Bill.

24         (c)  Comply with the antidiscrimination provisions of

25  42 U.S.C. s. 2000d.

26         (d)  Meet state and local health and safety laws and

27  codes.

28         (e)  Be academically accountable to the parent for

29  meeting the educational needs of the student.

30         (f)  Employ or contract with teachers who hold

31  baccalaureate or higher degrees, have at least 3 years of

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 1  teaching experience in public or private schools, or have

 2  special skills, knowledge, or expertise that qualifies them to

 3  provide instruction in subjects taught.

 4         (g)  Comply with all state laws relating to general

 5  regulation of private schools.

 6         (h)  Adhere to the tenets of its published disciplinary

 7  procedures before expelling a student who is attending the

 8  school on a K-12 GI Bill.

 9         (6)  OBLIGATION OF FAMILIES CHOOSING TO USE A K-12 GI

10  BILL.--

11         (a)  A parent who applies for a K-12 GI Bill to enable

12  his or her child to attend a private school is exercising his

13  or her parental option to place his or her child in a private

14  school. The parent must select the private school and apply

15  for the admission of his or her child.

16         (b)  If the parent chooses the private-school option

17  and the student is accepted by the private school pending the

18  availability of a space for the student, the parent of the

19  student must notify the school district at least 60 days

20  before the date of the first K-12 GI Bill payment and before

21  the student enters the private school in order to be eligible

22  for the K-12 GI Bill when a space becomes available for the

23  student in the private school.

24         (c)  Any student attending a private school on a K-12

25  GI Bill must remain in attendance throughout the school year,

26  unless excused by the school for illness or other good cause,

27  and must comply fully with the school's code of conduct.

28         (d)  The parent of each student attending a private

29  school on a K-12 GI Bill must comply fully with the private

30  school's parental-involvement requirements unless excused by

31  the school for illness or other good cause.

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    Florida Senate - 2005                                   SB 876
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 1         (e)  If the parent requests that the student attending

 2  a private school on a K-12 GI Bill take all statewide

 3  assessments required pursuant to s. 1008.22, the parent is

 4  responsible for transporting the student to the assessment

 5  site designated by the school district.

 6         (f)  Upon receipt of a K-12 GI Bill warrant, the parent

 7  to whom the warrant is made must restrictively endorse the

 8  warrant to the private school for deposit into the account of

 9  the private school.

10         (g)  Any failure to comply with this subsection results

11  in forfeiture of the K-12 GI Bill.

12         (7)  K-12 GI BILL FUNDING AND PAYMENT.--

13         (a)  The amount of a K-12 GI Bill provided to any child

14  for any single school year may not exceed the following annual

15  limits:

16         1.  Three thousand six hundred dollars or the amount of

17  tuition and fees, whichever is less, for a K-12 GI Bill

18  awarded to a student enrolled in an eligible private school.

19         2.  Five hundred dollars, or the amount of

20  transportation expenses, whichever is less, for a K-12 GI Bill

21  awarded to a student enrolled in a Florida public school that

22  is located outside the school district in which the student

23  resides.

24         (b)  If a participating private school requires partial

25  payment of tuition before the start of the academic year to

26  reserve space for students admitted to the school, that

27  partial payment may be paid by the Department of Education

28  before the first quarterly payment of the year in which the

29  K-12 GI Bill is awarded, up to a maximum of $1,000, and

30  deducted from subsequent K-12 GI Bill payments. If a student

31  decides not to attend the participating private school, the

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    Florida Senate - 2005                                   SB 876
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 1  participating private school must return the partial

 2  reservation payment to the Department of Education. There is a

 3  limit of one reservation payment per student per year.

 4         (c)  The school district shall report all students who

 5  are attending a private school on a K-12 GI Bill. The students

 6  attending private schools on K-12 GI Bills shall be reported

 7  separately from other students reported for purposes of the

 8  Florida Education Finance Program.

 9         (d)  Following notification on July 1, September 1,

10  December 1, or February 1 of the number of students attending

11  private schools on K-12 GI Bills, the Department of Education

12  shall transfer, from general revenue funds only, the amount of

13  the K-12 GI Bills from the school district's total funding

14  entitlement under the Florida Education Finance Program to a

15  separate account for the K-12 GI Bills for quarterly

16  disbursement to the parents of K-12 GI Bill students. When a

17  student enters a private school on a K-12 GI Bill, the

18  Department of Education must receive all documentation

19  required for the student's K-12 GI Bill, including the private

20  school's and student's fee schedules, at least 30 days before

21  the first quarterly K-12 GI Bill payment is made for the

22  student. The Department of Education may not make any

23  retroactive payments.

24         (e)  Upon proper documentation reviewed and approved by

25  the Department of Education, the Chief Financial Officer shall

26  make K-12 GI Bill payments in four equal amounts no later than

27  September 1, November 1, February 1, and April 15 of each

28  academic year in which the K-12 GI Bill is in force. The

29  initial payment for attendance at a private school shall be

30  made after Department of Education verification of admission

31  acceptance, and subsequent payments shall be made upon

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 1  verification of continued enrollment and attendance at the

 2  private school. Payment must be by individual warrant made

 3  payable to the student's parent and mailed by the Department

 4  of Education to the private school of the parent's choice, and

 5  the parent shall restrictively endorse the warrant to the

 6  private school for deposit into the account of the private

 7  school.

 8         (8)  LIABILITY.--The state is not liable for any loss

 9  based on the award or use of a K-12 GI Bill.

10         (9)  RULES.--The State Board of Education may adopt

11  rules under ss. 120.536(1) and 120.54 to administer this

12  section. However, the inclusion of eligible private schools

13  within options available to Florida public school students

14  does not expand the regulatory authority of the state, its

15  officers, or any school district to impose any additional

16  regulation of private schools beyond those reasonably

17  necessary to enforce requirements expressly set forth in this

18  section.

19         Section 2.  Paragraphs (a) and (b) of subsection (6) of

20  section 1002.20, Florida Statutes, are amended to read:

21         1002.20  K-12 student and parent rights.--Parents of

22  public school students must receive accurate and timely

23  information regarding their child's academic progress and must

24  be informed of ways they can help their child to succeed in

25  school. K-12 students and their parents are afforded numerous

26  statutory rights including, but not limited to, the following:

27         (6)  EDUCATIONAL CHOICE.--

28         (a)  Public school choices.--Parents of public school

29  students may seek whatever public school choice options that

30  are applicable to their students and are available to students

31  in their school districts. These options may include

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 1  controlled open enrollment, lab schools, charter schools,

 2  charter technical career centers, magnet schools, alternative

 3  schools, special programs, advanced placement, dual

 4  enrollment, International Baccalaureate, early admissions,

 5  credit by examination or demonstration of competency, the New

 6  World School of the Arts, the Florida School for the Deaf and

 7  the Blind, and the Florida Virtual School. These options may

 8  also include the public school choice options of the

 9  Opportunity Scholarship Program, and the McKay Scholarships

10  for Students with Disabilities Program, and the K-12 GI Bill

11  Program.

12         (b)  Private school choices.--Parents of public school

13  students may seek private school choice options under certain

14  programs.

15         1.  Under the Opportunity Scholarship Program, the

16  parent of a student in a failing public school may request and

17  receive an opportunity scholarship for the student to attend a

18  private school in accordance with the provisions of s.

19  1002.38.

20         2.  Under the McKay Scholarships for Students with

21  Disabilities Program, the parent of a public school student

22  with a disability who is dissatisfied with the student's

23  progress may request and receive a McKay Scholarship for the

24  student to attend a private school in accordance with the

25  provisions of s. 1002.39.

26         3.  Under the K-12 GI Bill Program, the parent of a

27  public school student who is a dependent of an active-duty

28  member of any branch of the United States Armed Forces, an

29  active member of the Florida National Guard, or an active

30  member of the Armed Forces Reserves may request and receive a

31  

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 1  K-12 GI Bill for the student to attend a private school in

 2  accordance with s. 1002.395.

 3         4.3.  Under the corporate income tax credit scholarship

 4  program, the parent of a student who qualifies for free or

 5  reduced-price school lunch may seek a scholarship from an

 6  eligible nonprofit scholarship-funding organization in

 7  accordance with the provisions of s. 220.187.

 8         Section 3.  This act shall take effect upon becoming a

 9  law.

10  

11            *****************************************

12                          SENATE SUMMARY

13    Establishes the K-12 GI Bill Program to provide
      educational options for dependents of an active-duty
14    member of any branch of the United States Armed Forces,
      an active member of the Florida National Guard, or an
15    active member of the Armed Forces Reserves. Provides that
      a student may attend a public school in a school district
16    other than the one to which assigned. Provides that a
      student may receive a K-12 GI Bill to attend a public
17    school in an adjacent school district or to attend a
      private school. Provides eligibility requirements.
18    Provides for obligations of the school district. Provides
      private school eligibility requirements. Provides
19    obligations of families that choose the private school
      option. Provides for the amount, funding, and payment of
20    a K-12 GI Bill. Exempts the state from liability.
      Authorizes the State Board of Education to adopt rules.
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