1 | A bill to be entitled |
2 | An act relating to the John M. McKay Scholarships for |
3 | Students with Disabilities Program; amending s. 1002.39, |
4 | F.S.; authorizing John M. McKay Scholarships for students |
5 | to attend home education programs and alternative schools; |
6 | revising student eligibility requirements for scholarships |
7 | and eligibility requirements for school or program |
8 | participants; providing that scholarship program |
9 | requirements, authority, and funding apply to home |
10 | education program and alternative school participants in |
11 | the program; authorizing a John M. McKay Scholarship to |
12 | fund a home-based early intervention program for a child |
13 | with an Autism Spectrum Disorder; providing program |
14 | requirements; specifying uses for scholarship funds; |
15 | authorizing a John M. McKay Scholarship to fund certain |
16 | community-based services for a public school student with |
17 | an Autism Spectrum Disorder; providing an exemption from |
18 | an attendance requirement; providing an effective date. |
19 |
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20 | Be It Enacted by the Legislature of the State of Florida: |
21 |
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22 | Section 1. Section 1002.39, Florida Statutes, is amended |
23 | to read: |
24 | 1002.39 The John M. McKay Scholarships for Students with |
25 | Disabilities Program.--There is established a program that is |
26 | separate and distinct from the Opportunity Scholarship Program |
27 | and is named the John M. McKay Scholarships for Students with |
28 | Disabilities Program. |
29 | (1) THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH |
30 | DISABILITIES PROGRAM.--The John M. McKay Scholarships for |
31 | Students with Disabilities Program is established to provide the |
32 | option to attend a public school other than the one to which |
33 | assigned, or to provide a scholarship to a private school, home |
34 | education program, or alternative school of choice, for students |
35 | with disabilities for whom an individual education plan has been |
36 | written in accordance with rules of the State Board of |
37 | Education. Students with disabilities include K-12 students who |
38 | are documented as having a mental handicap, including trainable, |
39 | profound, or educable; a speech or language impairment; a |
40 | hearing impairment, including deafness; a visual impairment, |
41 | including blindness; a dual sensory impairment; a physical |
42 | impairment; a serious emotional disturbance, including an |
43 | emotional handicap; a specific learning disability, including, |
44 | but not limited to, dyslexia, dyscalculia, or developmental |
45 | aphasia; a traumatic brain injury; or autism. |
46 | (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.--The parent of |
47 | any a public school student with a diagnosed disability who is |
48 | dissatisfied with the student's progress may request and receive |
49 | from the state a John M. McKay Scholarship. for the child to |
50 | enroll in and attend a private school in accordance with this |
51 | section if: |
52 | (a) The student has spent the prior school year in |
53 | attendance at a Florida public school or the Florida School for |
54 | the Deaf and the Blind. Prior school year in attendance means |
55 | that the student was: |
56 | 1. Enrolled and reported by a school district for funding |
57 | during the preceding October and February Florida Education |
58 | Finance Program surveys in kindergarten through grade 12, which |
59 | shall include time spent in a Department of Juvenile Justice |
60 | commitment program if funded under the Florida Education Finance |
61 | Program; |
62 | 2. Enrolled and reported by the Florida School for the |
63 | Deaf and the Blind during the preceding October and February |
64 | student membership surveys in kindergarten through grade 12; or |
65 | 3. Enrolled and reported by a school district for funding |
66 | during the preceding October and February Florida Education |
67 | Finance Program surveys, was at least 4 years old when so |
68 | enrolled and reported, and was eligible for services under s. |
69 | 1003.21(1)(e). |
70 |
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71 | However, a dependent child of a member of the United States |
72 | Armed Forces who transfers to a school in this state from out of |
73 | state or from a foreign country pursuant to a parent's permanent |
74 | change of station orders is exempt from this paragraph but must |
75 | meet all other eligibility requirements to participate in the |
76 | program. |
77 | (b) The parent must have has obtained acceptance for |
78 | admission of the student to a private school or program that is |
79 | eligible for the program under subsection (8) and must have has |
80 | requested from the department a scholarship at least 60 days |
81 | prior to the date of the first scholarship payment. The request |
82 | must be through a communication directly to the department in a |
83 | manner that creates a written or electronic record of the |
84 | request and the date of receipt of the request. The Department |
85 | of Education must notify the district of the parent's intent |
86 | upon receipt of the parent's request. |
87 | (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.--A student is |
88 | not eligible for a John M. McKay Scholarship while he or she is: |
89 | (a) Enrolled in a school operating for the purpose of |
90 | providing educational services to youth in Department of |
91 | Juvenile Justice commitment programs; |
92 | (b) Receiving a corporate income tax credit scholarship |
93 | under s. 220.187; |
94 | (c) Receiving an educational scholarship pursuant to this |
95 | chapter; |
96 | (d) Participating in a home education program as defined |
97 | in s. 1002.01(1); |
98 | (d)(e) Participating in a private tutoring program |
99 | pursuant to s. 1002.43; |
100 | (e)(f) Participating in a virtual school, correspondence |
101 | school, or distance learning program that receives state funding |
102 | pursuant to the student's participation unless the participation |
103 | is limited to no more than two courses per school year; |
104 | (f)(g) Enrolled in the Florida School for the Deaf and the |
105 | Blind; or |
106 | (g)(h) Not having regular and direct contact with his or |
107 | her private school teachers at the school's physical location. |
108 | (4) TERM OF JOHN M. MCKAY SCHOLARSHIP.-- |
109 | (a) For purposes of continuity of educational choice, a |
110 | John M. McKay Scholarship shall remain in force until the |
111 | student returns to a public school, graduates from high school, |
112 | or reaches the age of 22, whichever occurs first. |
113 | (b) Upon reasonable notice to the department and the |
114 | school district, the student's parent may remove the student |
115 | from the private school, home education program, or alternative |
116 | school and place the student in a public school in accordance |
117 | with this section. |
118 | (c) Upon reasonable notice to the department, the |
119 | student's parent may move the student from one participating |
120 | private school, home education program, or alternative school to |
121 | another participating private school or program. |
122 | (5) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.-- |
123 | (a)1. By April 1 of each year and within 10 days after an |
124 | individual education plan meeting, a school district shall |
125 | notify the parent of the student of all options available |
126 | pursuant to this section, inform the parent of the availability |
127 | of the department's telephone hotline and Internet website for |
128 | additional information on John M. McKay Scholarships, and offer |
129 | that student's parent an opportunity to enroll the student in |
130 | another public school within the district. |
131 | 2. The parent is not required to accept the offer of |
132 | enrolling in another public school in lieu of requesting a John |
133 | M. McKay Scholarship to a private school, home education |
134 | program, or alternative school. However, if the parent chooses |
135 | the public school option, the student may continue attending a |
136 | public school chosen by the parent until the student graduates |
137 | from high school. |
138 | 3. If the parent chooses a public school consistent with |
139 | the district school board's choice plan under s. 1002.31, the |
140 | school district shall provide transportation to the public |
141 | school selected by the parent. The parent is responsible to |
142 | provide transportation to a public school chosen that is not |
143 | consistent with the district school board's choice plan under s. |
144 | 1002.31. |
145 | (b)1. For a student with disabilities who does not have a |
146 | matrix of services under s. 1011.62(1)(e), the school district |
147 | must complete a matrix that assigns the student to one of the |
148 | levels of service as they existed prior to the 2000-2001 school |
149 | year. |
150 | 2.a. Within 10 school days after it receives notification |
151 | of a parent's request for a John M. McKay Scholarship, a school |
152 | district must notify the student's parent if the matrix of |
153 | services has not been completed and inform the parent that the |
154 | district is required to complete the matrix within 30 days after |
155 | receiving notice of the parent's request for a John M. McKay |
156 | Scholarship. This notice should include the required completion |
157 | date for the matrix. |
158 | b. The school district must complete the matrix of |
159 | services for any student who is participating in the John M. |
160 | McKay Scholarships for Students with Disabilities Program and |
161 | must notify the department of the student's matrix level within |
162 | 30 days after receiving notification of a request to participate |
163 | in the scholarship program. The school district must provide the |
164 | student's parent with the student's matrix level within 10 |
165 | school days after its completion. |
166 | c. The department shall notify the private school, home |
167 | education program, or alternative school of the amount of the |
168 | scholarship within 10 days after receiving the school district's |
169 | notification of the student's matrix level. |
170 | d. A school district may change a matrix of services only |
171 | if the change is to correct a technical, typographical, or |
172 | calculation error. |
173 | (c) A school district shall provide notification to |
174 | parents of the availability of a reevaluation at least every 3 |
175 | years of each student who receives a John M. McKay Scholarship. |
176 | (d) If the parent chooses the private school, home |
177 | education program, or alternative school option and the student |
178 | is accepted by the private school or program pending the |
179 | availability of a space for the student, the parent of the |
180 | student must notify the department 60 days prior to the first |
181 | scholarship payment and before entering the private school or |
182 | program in order to be eligible for the scholarship when a space |
183 | becomes available for the student in the private school or |
184 | program. |
185 | (e) The parent of a student may choose, as an alternative, |
186 | to enroll the student in and transport the student to a public |
187 | school in an adjacent school district which has available space |
188 | and has a program with the services agreed to in the student's |
189 | individual education plan already in place, and that school |
190 | district shall accept the student and report the student for |
191 | purposes of the district's funding pursuant to the Florida |
192 | Education Finance Program. |
193 | (f) For a student who participates in the John M. McKay |
194 | Scholarships for Students with Disabilities Program whose parent |
195 | requests that the student take the statewide assessments under |
196 | s. 1008.22, the district in which the student attends a private |
197 | school, a home education program, or an alternative school shall |
198 | provide locations and times to take all statewide assessments. |
199 | (6) DEPARTMENT OF EDUCATION OBLIGATIONS.--The department |
200 | shall: |
201 | (a) Establish a toll-free hotline that provides parents |
202 | and private schools, home education programs, and alternative |
203 | schools with information on participation in the John M. McKay |
204 | Scholarships for Students with Disabilities Program. |
205 | (b) Annually verify the eligibility of private schools or |
206 | programs that meet the requirements of subsection (8). |
207 | (c) Establish a process by which individuals may notify |
208 | the department of any violation by a parent, private school, |
209 | home education program, alternative school, or school district |
210 | of state laws relating to program participation. The department |
211 | shall conduct an inquiry of any written complaint of a violation |
212 | of this section, or make a referral to the appropriate agency |
213 | for an investigation, if the complaint is signed by the |
214 | complainant and is legally sufficient. A complaint is legally |
215 | sufficient if it contains ultimate facts that show that a |
216 | violation of this section or any rule adopted by the State Board |
217 | of Education has occurred. In order to determine legal |
218 | sufficiency, the department may require supporting information |
219 | or documentation from the complainant. A department inquiry is |
220 | not subject to the requirements of chapter 120. |
221 | (d) Require an annual, notarized, sworn compliance |
222 | statement by participating private schools, home education |
223 | programs, and alternative schools certifying compliance with |
224 | state laws and shall retain such records. |
225 | (e) Cross-check the list of participating scholarship |
226 | students with the public school enrollment lists prior to each |
227 | scholarship payment to avoid duplication. |
228 | (f)1. Conduct random site visits to private schools, home |
229 | education programs with 7 days' scheduled notice, and |
230 | alternative schools participating in the John M. McKay |
231 | Scholarships for Students with Disabilities Program. The purpose |
232 | of the site visits is solely to verify the information reported |
233 | by the schools or programs concerning the enrollment and |
234 | attendance of students, the credentials of teachers, background |
235 | screening of teachers, and teachers' fingerprinting results, |
236 | which information is required by rules of the State Board of |
237 | Education, subsection (8), and s. 1002.421. The Department of |
238 | Education may not make more than three random site visits each |
239 | year and may not make more than one random site visit each year |
240 | to the same private school or program. |
241 | 2. Annually, by December 15, report to the Governor, the |
242 | President of the Senate, and the Speaker of the House of |
243 | Representatives the Department of Education's actions with |
244 | respect to implementing accountability in the scholarship |
245 | program under this section and s. 1002.421, any substantiated |
246 | allegations or violations of law or rule by an eligible private |
247 | school, home education program, or alternative school under this |
248 | program concerning the enrollment and attendance of students, |
249 | the credentials of teachers, background screening of teachers, |
250 | and teachers' fingerprinting results and the corrective action |
251 | taken by the Department of Education. |
252 | (7) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.-- |
253 | (a) The Commissioner of Education shall deny, suspend, or |
254 | revoke the a private school's participation of a private school, |
255 | home education program, or alternative school in the scholarship |
256 | program if it is determined that the private school or program |
257 | has failed to comply with the provisions of this section. |
258 | However, in instances in which the noncompliance is correctable |
259 | within a reasonable amount of time and in which the health, |
260 | safety, or welfare of the students is not threatened, the |
261 | commissioner may issue a notice of noncompliance which shall |
262 | provide the private school, home education program, or |
263 | alternative school with a timeframe within which to provide |
264 | evidence of compliance prior to taking action to suspend or |
265 | revoke its the private school's participation in the scholarship |
266 | program. |
267 | (b) The commissioner's determination is subject to the |
268 | following: |
269 | 1. If the commissioner intends to deny, suspend, or revoke |
270 | a private school's participation in the scholarship program, the |
271 | department shall notify the private school, home education |
272 | program, or alternative school of such proposed action in |
273 | writing by certified mail and regular mail to the private |
274 | school's address of record with the department. The notification |
275 | shall include the reasons for the proposed action and notice of |
276 | the timelines and procedures set forth in this paragraph. |
277 | 2. The private school, home education program, or |
278 | alternative school that is adversely affected by the proposed |
279 | action shall have 15 days from receipt of the notice of proposed |
280 | action to file with the department's agency clerk a request for |
281 | a proceeding pursuant to ss. 120.569 and 120.57. If the private |
282 | school, home education program, or alternative school is |
283 | entitled to a hearing under s. 120.57(1), the department shall |
284 | forward the request to the Division of Administrative Hearings. |
285 | 3. Upon receipt of a request referred pursuant to this |
286 | paragraph, the director of the Division of Administrative |
287 | Hearings shall expedite the hearing and assign an administrative |
288 | law judge who shall commence a hearing within 30 days after the |
289 | receipt of the formal written request by the division and enter |
290 | a recommended order within 30 days after the hearing or within |
291 | 30 days after receipt of the hearing transcript, whichever is |
292 | later. Each party shall be allowed 10 days in which to submit |
293 | written exceptions to the recommended order. A final order shall |
294 | be entered by the agency within 30 days after the entry of a |
295 | recommended order. The provisions of this subparagraph may be |
296 | waived upon stipulation by all parties. |
297 | (c) The commissioner may immediately suspend payment of |
298 | scholarship funds if it is determined that there is probable |
299 | cause to believe that there is: |
300 | 1. An imminent threat to the health, safety, or welfare of |
301 | the students; or |
302 | 2. Fraudulent activity on the part of the private school, |
303 | home education program, or alternative school. Notwithstanding |
304 | s. 1002.22(3), in incidents of alleged fraudulent activity |
305 | pursuant to this section, the Department of Education's Office |
306 | of Inspector General is authorized to release personally |
307 | identifiable records or reports of students to the following |
308 | persons or organizations: |
309 | a. A court of competent jurisdiction in compliance with an |
310 | order of that court or the attorney of record in accordance with |
311 | a lawfully issued subpoena, consistent with the Family |
312 | Educational Rights and Privacy Act, 20 U.S.C. s. 1232g. |
313 | b. A person or entity authorized by a court of competent |
314 | jurisdiction in compliance with an order of that court or the |
315 | attorney of record pursuant to a lawfully issued subpoena, |
316 | consistent with the Family Educational Rights and Privacy Act, |
317 | 20 U.S.C. s. 1232g. |
318 | c. Any person, entity, or authority issuing a subpoena for |
319 | law enforcement purposes when the court or other issuing agency |
320 | has ordered that the existence or the contents of the subpoena |
321 | or the information furnished in response to the subpoena not be |
322 | disclosed, consistent with the Family Educational Rights and |
323 | Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31. |
324 |
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325 | The commissioner's order suspending payment pursuant to this |
326 | paragraph may be appealed pursuant to the same procedures and |
327 | timelines as the notice of proposed action set forth in |
328 | paragraph (b). |
329 | (8) PRIVATE SCHOOL, HOME EDUCATION PROGRAM, AND |
330 | ALTERNATIVE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be eligible |
331 | to participate in the John M. McKay Scholarships for Students |
332 | with Disabilities Program, a private school, home education |
333 | program, or alternative school may be sectarian or nonsectarian |
334 | and must: |
335 | (a) Comply with all requirements for private schools |
336 | participating in state school choice scholarship programs |
337 | pursuant to s. 1002.421. |
338 | (b) Provide to the department all documentation required |
339 | for a student's participation, including the private school's |
340 | and student's fee schedules of the school or program and the |
341 | student, at least 30 days before the first quarterly scholarship |
342 | payment is made for the student. |
343 | (c) Be academically accountable to the parent for meeting |
344 | the educational needs of the student by: |
345 | 1. At a minimum, annually providing to the parent a |
346 | written explanation of the student's progress. |
347 | 2. Cooperating with the scholarship student whose parent |
348 | chooses to participate in the statewide assessments pursuant to |
349 | s. 1008.22. |
350 | (d) Maintain in this state a physical location where a |
351 | scholarship student regularly attends classes. |
352 |
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353 | The inability of a private school, home education program, or |
354 | alternative school to meet the requirements of this subsection |
355 | shall constitute a basis for the ineligibility of the private |
356 | school, home education program, or alternative school to |
357 | participate in the scholarship program as determined by the |
358 | department. |
359 | (9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM |
360 | PARTICIPATION.--A parent who applies for a John M. McKay |
361 | Scholarship is exercising his or her parental option to place |
362 | his or her child in a private school, a home education program, |
363 | or an alternative school. |
364 | (a) The parent must select the private school, home |
365 | education program, or alternative school and apply for the |
366 | admission of his or her child. |
367 | (b) The parent must have requested the scholarship at |
368 | least 60 days prior to the date of the first scholarship |
369 | payment. |
370 | (c) Any student participating in the John M. McKay |
371 | Scholarships for Students with Disabilities Program must remain |
372 | in attendance throughout the school year unless excused by the |
373 | school or program for illness or other good cause. |
374 | (d) Each parent and each student has an obligation to the |
375 | private school, home education program, or alternative school to |
376 | comply with its the private school's published policies. |
377 | (e) If the parent requests that the student participating |
378 | in the John M. McKay Scholarships for Students with Disabilities |
379 | Program take all statewide assessments required pursuant to s. |
380 | 1008.22, the parent is responsible for transporting the student |
381 | to the assessment site designated by the school district. |
382 | (f) Upon receipt of a scholarship warrant, the parent to |
383 | whom the warrant is made must restrictively endorse the warrant |
384 | to the private school, home education program, or alternative |
385 | school for deposit into the account of the private school, home |
386 | education program, or alternative school. The parent may not |
387 | designate any entity or individual associated with the |
388 | participating private school, home education program, or |
389 | alternative school as the parent's attorney in fact to endorse a |
390 | scholarship warrant. A participant who fails to comply with this |
391 | paragraph forfeits the scholarship. |
392 | (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.-- |
393 | (a)1. The maximum scholarship granted for an eligible |
394 | student with disabilities shall be a calculated amount |
395 | equivalent to the base student allocation in the Florida |
396 | Education Finance Program multiplied by the appropriate cost |
397 | factor for the educational program that would have been provided |
398 | for the student in the district school to which he or she was |
399 | assigned, multiplied by the district cost differential. |
400 | 2. In addition, a share of the guaranteed allocation for |
401 | exceptional students shall be determined and added to the |
402 | calculated amount. The calculation shall be based on the |
403 | methodology and the data used to calculate the guaranteed |
404 | allocation for exceptional students for each district in chapter |
405 | 2000-166, Laws of Florida. Except as provided in subparagraphs |
406 | 3. and 4., the calculation shall be based on the student's |
407 | grade, matrix level of services, and the difference between the |
408 | 2000-2001 basic program and the appropriate level of services |
409 | cost factor, multiplied by the 2000-2001 base student allocation |
410 | and the 2000-2001 district cost differential for the sending |
411 | district. Also, the calculated amount shall include the per- |
412 | student share of supplemental academic instruction funds, |
413 | instructional materials funds, technology funds, and other |
414 | categorical funds as provided for such purposes in the General |
415 | Appropriations Act. |
416 | 3. The calculated scholarship amount for a student who was |
417 | enrolled in the Florida School for the Deaf and the Blind the |
418 | prior school year is eligible under subparagraph (2)(a)2. shall |
419 | be calculated as provided in subparagraphs 1. and 2. However, |
420 | the calculation shall be based on the school district in which |
421 | the parent resides at the time of the scholarship request. |
422 | 4. Until the school district completes the matrix required |
423 | by paragraph (5)(b), the calculation shall be based on the |
424 | matrix that assigns the student to support level I of service as |
425 | it existed prior to the 2000-2001 school year. When the school |
426 | district completes the matrix, the amount of the payment shall |
427 | be adjusted as needed. |
428 | (b) The amount of the John M. McKay Scholarship shall be |
429 | the calculated amount or the amount of the private school's |
430 | tuition and fees of the school or program, whichever is less. |
431 | The amount of any assessment fee required by the participating |
432 | private school, home education program, or alternative school |
433 | may be paid from the total amount of the scholarship. |
434 | (c)1. The school district shall report all students who |
435 | are attending a private school, home education program, or |
436 | alternative school under this program. The students with |
437 | disabilities attending private schools, home education programs, |
438 | or alternative schools on John M. McKay Scholarships shall be |
439 | reported separately from other students reported for purposes of |
440 | the Florida Education Finance Program. |
441 | 2. For program participants who were enrolled in the |
442 | Florida School for the Deaf and the Blind the prior school year |
443 | are eligible under subparagraph (2)(a)2., the school district |
444 | that is used as the basis for the calculation of the scholarship |
445 | amount as provided in subparagraph (a)3. shall: |
446 | a. Report to the department all such students who are |
447 | attending a private school, home education program, or |
448 | alternative school under this program. |
449 | b. Be held harmless for such students from the weighted |
450 | enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.a. |
451 | during the first school year in which the students are reported. |
452 | (d) Following notification on July 1, September 1, |
453 | December 1, or February 1 of the number of program participants, |
454 | the department shall transfer, from General Revenue funds only, |
455 | the amount calculated under paragraph (b) from the school |
456 | district's total funding entitlement under the Florida Education |
457 | Finance Program and from authorized categorical accounts to a |
458 | separate account for the scholarship program for quarterly |
459 | disbursement to the parents of participating students. Funds may |
460 | not be transferred from any funding provided to the Florida |
461 | School for the Deaf and the Blind for program participants who |
462 | are eligible under subparagraph (2)(a)2. For a student exiting a |
463 | Department of Juvenile Justice commitment program who chooses to |
464 | participate in the scholarship program, the amount of the John |
465 | M. McKay Scholarship calculated pursuant to paragraph (b) shall |
466 | be transferred from the school district in which the student |
467 | last attended a public school prior to commitment to the |
468 | Department of Juvenile Justice. When a student enters the |
469 | scholarship program, the department must receive all |
470 | documentation required for the student's participation, |
471 | including the private school's and student's fee schedules of |
472 | the school or program and the student, at least 30 days before |
473 | the first quarterly scholarship payment is made for the student. |
474 | (e) Upon notification by the department that it has |
475 | received the documentation required under paragraph (d), the |
476 | Chief Financial Officer shall make scholarship payments in four |
477 | equal amounts no later than September 1, November 1, February 1, |
478 | and April 1 of each academic year in which the scholarship is in |
479 | force. The initial payment shall be made after department |
480 | verification of admission acceptance, and subsequent payments |
481 | shall be made upon verification of continued enrollment and |
482 | attendance at the private school, home education program, or |
483 | alternative school. Payment must be by individual warrant made |
484 | payable to the student's parent and mailed by the department to |
485 | the private school, home education program, or alternative |
486 | school of the parent's choice, and the parent shall |
487 | restrictively endorse the warrant to the private school, home |
488 | education program, or alternative school for deposit into its |
489 | the account of the private school. |
490 | (f) Subsequent to each scholarship payment, the department |
491 | shall request from the Department of Financial Services a sample |
492 | of endorsed warrants to review and confirm compliance with |
493 | endorsement requirements. |
494 | (11) LIABILITY.--No liability shall arise on the part of |
495 | the state based on the award or use of a John M. McKay |
496 | Scholarship. |
497 | (12) SCOPE OF AUTHORITY.--The inclusion of eligible |
498 | private schools, home education programs, and alternative |
499 | schools within options available to Florida public school |
500 | students does not expand the regulatory authority of the state, |
501 | its officers, or any school district to impose any additional |
502 | regulation of private schools, home education programs, or |
503 | alternative schools beyond those reasonably necessary to enforce |
504 | requirements expressly set forth in this section. |
505 | (13) EARLY INTENSIVE BEHAVIORAL INTERVENTION.-- |
506 | (a) Notwithstanding the provisions of this section, the |
507 | parent of a child with an Autism Spectrum Disorder may receive a |
508 | John M. McKay Scholarship to fund a home-based Early Intensive |
509 | Behavioral Intervention (EIBI) Program for the child. |
510 | (b) The EIBI Program must be: |
511 | 1. Recommended by a physician or the Early Steps Family |
512 | Support Team for EIBI as the most effective treatment option for |
513 | the child. |
514 | 2. Planned and regularly supervised by a person who is, at |
515 | minimum, a Board Certified Behavior Analyst (BCBA). |
516 | 3. Provided in the family home with a weekly schedule of |
517 | educational activities. |
518 | (c) A John M. McKay Scholarship may be used to pay for or |
519 | reimburse the following: |
520 | 1. Assessment, program planning, staff and parent |
521 | training, and supervision by the BCBA. |
522 | 2. Direct intervention with the child by the BCBA. |
523 | 3. Services of a person who possesses an associate degree |
524 | or higher and who has completed 15 hours of training in the EIBI |
525 | Program. |
526 | 4. Training manuals and books and teaching and learning |
527 | materials essential for establishing and maintaining the EIBI |
528 | Program. |
529 | (d) A student with an Autism Spectrum Disorder who is at |
530 | least 14 but not more than 22 years of age and in the public |
531 | school system is eligible for a John M. McKay Scholarship to pay |
532 | for services provided by a community-based organization for or |
533 | related to career or life skills preparation. Such student may |
534 | not be required to have spent the prior school year in |
535 | attendance at a Florida public school for receipt of a |
536 | scholarship. |
537 | (e) The term "Autism Spectrum Disorder" means one of the |
538 | five specific diagnoses enumerated in the DSM-IV for Pervasive |
539 | Developmental Disorders which are: Autistic Disorder; Asperger's |
540 | Disorder; Pervasive Developmental Disorder Not Otherwise |
541 | Specified (PDDNOS); Childhood Disintegrative Disorder; and |
542 | Rett's Disorder. |
543 | (14)(13) RULES.--The State Board of Education shall adopt |
544 | rules pursuant to ss. 120.536(1) and 120.54 to administer this |
545 | section, including rules that school districts must use to |
546 | expedite the development of a matrix of services based on an |
547 | active individual education plan from another state or a foreign |
548 | country for a transferring student with a disability who is a |
549 | dependent child of a member of the United States Armed Forces. |
550 | The rules must identify the appropriate school district |
551 | personnel who must complete the matrix of services. For purposes |
552 | of these rules, a transferring student with a disability is one |
553 | who was previously enrolled as a student with a disability in an |
554 | out-of-state or an out-of-country public or private school or |
555 | agency program and who is transferring from out of state or from |
556 | a foreign country pursuant to a parent's permanent change of |
557 | station orders. |
558 | Section 2. This act shall take effect July 1, 2007. |