Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 2380
                        Barcode 063660
                            CHAMBER ACTION
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       05/02/2007 04:49 PM         .                    
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11  Senator Gaetz moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 59, line 19, through
15            page 75, line 10, delete those lines
16  
17  and insert:  
18         Section 12.  Section 1002.39, Florida Statutes, is
19  amended to read:
20         1002.39  The John M. McKay Scholarships for Students
21  with Disabilities Program.--There is established a program
22  that is separate and distinct from the Opportunity Scholarship
23  Program and is named the John M. McKay Scholarships for
24  Students with Disabilities Program.
25         (1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
26  DISABILITIES PROGRAM.--The John M. McKay Scholarships for
27  Students with Disabilities Program is established to provide
28  the option to attend a public school other than the one to
29  which assigned, or to provide a scholarship to a private
30  school of choice, for students with disabilities for whom an
31  individual education plan has been written in accordance with
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Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 2380 Barcode 063660 1 rules of the State Board of Education. Students with 2 disabilities include K-12 students who are documented as 3 having a mental handicap, including trainable, profound, or 4 educable; a speech or language impairment; a hearing 5 impairment, including deafness; a visual impairment, including 6 blindness; a dual sensory impairment; a physical impairment; a 7 serious emotional disturbance, including an emotional 8 handicap; a specific learning disability, including, but not 9 limited to, dyslexia, dyscalculia, or developmental aphasia; a 10 traumatic brain injury; or autism. 11 (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.--The parent 12 of a public school student with a disability who is 13 dissatisfied with the student's progress may request and 14 receive from the state a John M. McKay Scholarship for the 15 child to enroll in and attend a private school in accordance 16 with this section if: 17 (a) The student has spent the prior school year in 18 attendance at a Florida public school or the Florida School 19 for the Deaf and the Blind. Prior school year in attendance 20 means that the student was: 21 1. Enrolled and reported by a school district for 22 funding during the preceding October and February Florida 23 Education Finance Program surveys in kindergarten through 24 grade 12, which shall include time spent in a Department of 25 Juvenile Justice commitment program if funded under the 26 Florida Education Finance Program; 27 2. Enrolled and reported by the Florida School for the 28 Deaf and the Blind during the preceding October and February 29 student membership surveys in kindergarten through grade 12; 30 or 31 3. Enrolled and reported by a school district for 2 9:56 AM 05/02/07 s2380c2c-04-r7h
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 2380 Barcode 063660 1 funding during the preceding October and February Florida 2 Education Finance Program surveys, was at least 4 years old 3 when so enrolled and reported, and was eligible for services 4 under s. 1003.21(1)(e). 5 6 However, a dependent child of a member of the United States 7 Armed Forces who transfers to a school in this state from out 8 of state or from a foreign country pursuant to a parent's 9 permanent change of station orders is exempt from this 10 paragraph but must meet all other eligibility requirements to 11 participate in the program. 12 (b) The parent has obtained acceptance for admission 13 of the student to a private school that is eligible for the 14 program under subsection (8) and has requested from the 15 department a scholarship at least 60 days prior to the date of 16 the first scholarship payment. The request must be through a 17 communication directly to the department in a manner that 18 creates a written or electronic record of the request and the 19 date of receipt of the request. The Department of Education 20 must notify the district of the parent's intent upon receipt 21 of the parent's request. 22 (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.--A student 23 is not eligible for a John M. McKay Scholarship while he or 24 she is: 25 (a) Enrolled in a school operating for the purpose of 26 providing educational services to youth in Department of 27 Juvenile Justice commitment programs; 28 (b) Receiving a corporate income tax credit 29 scholarship under s. 220.187; 30 (c) Receiving an educational scholarship pursuant to 31 this chapter; 3 9:56 AM 05/02/07 s2380c2c-04-r7h
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 2380 Barcode 063660 1 (d) Participating in a home education program as 2 defined in s. 1002.01(1); 3 (e) Participating in a private tutoring program 4 pursuant to s. 1002.43; 5 (f) Participating in a virtual school, correspondence 6 school, or distance learning program that receives state 7 funding pursuant to the student's participation unless the 8 participation is limited to no more than two courses per 9 school year; 10 (g) Enrolled in the Florida School for the Deaf and 11 the Blind; or 12 (h) Not having regular and direct contact with his or 13 her private school teachers at the school's physical location 14 unless the following criteria are met: 15 1. The student's primary care physician, a medical 16 doctor treating the student's disability, or a clinical 17 psychologist treating the student's disability provides a 18 notarized, sworn statement to the department certifying that 19 the student's welfare or the welfare of other students in the 20 classroom will be jeopardized if the student is required to 21 regularly attend class at the school's physical location. 22 2. The student's primary care physician, a medical 23 doctor treating the student's disability, or a clinical 24 psychologist treating the student's disability annually 25 reviews the student's case and recertifies to the department 26 by May 1 that the student's welfare or the welfare of the 27 other students in the classroom will be jeopardized if the 28 student is required to regularly attend class at the school's 29 physical location. 30 31 A student who received a scholarship in the 2005-2006 or 4 9:56 AM 05/02/07 s2380c2c-04-r7h
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 2380 Barcode 063660 1 2006-2007 school year and who demonstrates that he or she met 2 the criteria of subparagraph 1. shall be eligible to receive a 3 scholarship beginning in the 2007-2008 school year. 4 (4) TERM OF JOHN M. MCKAY SCHOLARSHIP.-- 5 (a) For purposes of continuity of educational choice, 6 a John M. McKay Scholarship shall remain in force until the 7 student returns to a public school, graduates from high 8 school, or reaches the age of 22, whichever occurs first. 9 (b) Upon reasonable notice to the department and the 10 school district, the student's parent may remove the student 11 from the private school and place the student in a public 12 school in accordance with this section. 13 (c) Upon reasonable notice to the department, the 14 student's parent may move the student from one participating 15 private school to another participating private school. 16 (5) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.-- 17 (a)1. By April 1 of each year and within 10 days after 18 an individual education plan meeting, a school district shall 19 notify the parent of the student of all options available 20 pursuant to this section, inform the parent of the 21 availability of the department's telephone hotline and 22 Internet website for additional information on John M. McKay 23 Scholarships, and offer that student's parent an opportunity 24 to enroll the student in another public school within the 25 district. 26 2. The parent is not required to accept the offer of 27 enrolling in another public school in lieu of requesting a 28 John M. McKay Scholarship to a private school. However, if the 29 parent chooses the public school option, the student may 30 continue attending a public school chosen by the parent until 31 the student graduates from high school. 5 9:56 AM 05/02/07 s2380c2c-04-r7h
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 2380 Barcode 063660 1 3. If the parent chooses a public school consistent 2 with the district school board's choice plan under s. 1002.31, 3 the school district shall provide transportation to the public 4 school selected by the parent. The parent is responsible to 5 provide transportation to a public school chosen that is not 6 consistent with the district school board's choice plan under 7 s. 1002.31. 8 (b)1. For a student with disabilities who does not 9 have a matrix of services under s. 1011.62(1)(e), the school 10 district must complete a matrix that assigns the student to 11 one of the levels of service as they existed prior to the 12 2000-2001 school year. 13 2.a. Within 10 school days after it receives 14 notification of a parent's request for a John M. McKay 15 Scholarship, a school district must notify the student's 16 parent if the matrix of services has not been completed and 17 inform the parent that the district is required to complete 18 the matrix within 30 days after receiving notice of the 19 parent's request for a John M. McKay Scholarship. This notice 20 should include the required completion date for the matrix. 21 b. The school district must complete the matrix of 22 services for any student who is participating in the John M. 23 McKay Scholarships for Students with Disabilities Program and 24 must notify the department of the student's matrix level 25 within 30 days after receiving notification of a request to 26 participate in the scholarship program. The school district 27 must provide the student's parent with the student's matrix 28 level within 10 school days after its completion. 29 c. The department shall notify the private school of 30 the amount of the scholarship within 10 days after receiving 31 the school district's notification of the student's matrix 6 9:56 AM 05/02/07 s2380c2c-04-r7h
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 2380 Barcode 063660 1 level. 2 d. A school district may change a matrix of services 3 only if the change is to correct a technical, typographical, 4 or calculation error. 5 (c) A school district shall provide notification to 6 parents of the availability of a reevaluation at least every 3 7 years of each student who receives a John M. McKay 8 Scholarship. 9 (d) If the parent chooses the private school option 10 and the student is accepted by the private school pending the 11 availability of a space for the student, the parent of the 12 student must notify the department 60 days prior to the first 13 scholarship payment and before entering the private school in 14 order to be eligible for the scholarship when a space becomes 15 available for the student in the private school. 16 (e) The parent of a student may choose, as an 17 alternative, to enroll the student in and transport the 18 student to a public school in an adjacent school district 19 which has available space and has a program with the services 20 agreed to in the student's individual education plan already 21 in place, and that school district shall accept the student 22 and report the student for purposes of the district's funding 23 pursuant to the Florida Education Finance Program. 24 (f) For a student who participates in the John M. 25 McKay Scholarships for Students with Disabilities Program 26 whose parent requests that the student take the statewide 27 assessments under s. 1008.22, the district in which the 28 student attends private school shall provide locations and 29 times to take all statewide assessments. 30 (6) DEPARTMENT OF EDUCATION OBLIGATIONS.--The 31 department shall: 7 9:56 AM 05/02/07 s2380c2c-04-r7h
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 2380 Barcode 063660 1 (a) Establish a toll-free hotline that provides 2 parents and private schools with information on participation 3 in the John M. McKay Scholarships for Students with 4 Disabilities Program. 5 (b) Annually verify the eligibility of private schools 6 that meet the requirements of subsection (8). 7 (c) Establish a process by which individuals may 8 notify the department of any violation by a parent, private 9 school, or school district of state laws relating to program 10 participation. The department shall conduct an inquiry of any 11 written complaint of a violation of this section, or make a 12 referral to the appropriate agency for an investigation, if 13 the complaint is signed by the complainant and is legally 14 sufficient. A complaint is legally sufficient if it contains 15 ultimate facts that show that a violation of this section or 16 any rule adopted by the State Board of Education has occurred. 17 In order to determine legal sufficiency, the department may 18 require supporting information or documentation from the 19 complainant. A department inquiry is not subject to the 20 requirements of chapter 120. 21 (d) Require an annual, notarized, sworn compliance 22 statement by participating private schools certifying 23 compliance with state laws and shall retain such records. 24 (e) Cross-check the list of participating scholarship 25 students with the public school enrollment lists prior to each 26 scholarship payment to avoid duplication. 27 (f)1. Conduct random site visits to private schools 28 participating in the John M. McKay Scholarships for Students 29 with Disabilities Program. The purpose of the site visits is 30 solely to verify the information reported by the schools 31 concerning the enrollment and attendance of students, the 8 9:56 AM 05/02/07 s2380c2c-04-r7h
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 2380 Barcode 063660 1 credentials of teachers, background screening of teachers, and 2 teachers' fingerprinting results, which information is 3 required by rules of the State Board of Education, subsection 4 (8), and s. 1002.421. The Department of Education may not make 5 more than three random site visits each year and may not make 6 more than one random site visit each year to the same private 7 school. 8 2. Annually, by December 15, report to the Governor, 9 the President of the Senate, and the Speaker of the House of 10 Representatives the Department of Education's actions with 11 respect to implementing accountability in the scholarship 12 program under this section and s. 1002.421, any substantiated 13 allegations or violations of law or rule by an eligible 14 private school under this program concerning the enrollment 15 and attendance of students, the credentials of teachers, 16 background screening of teachers, and teachers' fingerprinting 17 results and the corrective action taken by the Department of 18 Education. 19 (7) COMMISSIONER OF EDUCATION AUTHORITY AND 20 OBLIGATIONS.-- 21 (a) The Commissioner of Education shall deny, suspend, 22 or revoke a private school's participation in the scholarship 23 program if it is determined that the private school has failed 24 to comply with the provisions of this section. However, in 25 instances in which the noncompliance is correctable within a 26 reasonable amount of time and in which the health, safety, or 27 welfare of the students is not threatened, the commissioner 28 may issue a notice of noncompliance which shall provide the 29 private school with a timeframe within which to provide 30 evidence of compliance prior to taking action to suspend or 31 revoke the private school's participation in the scholarship 9 9:56 AM 05/02/07 s2380c2c-04-r7h
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 2380 Barcode 063660 1 program. 2 (b) The commissioner's determination is subject to the 3 following: 4 1. If the commissioner intends to deny, suspend, or 5 revoke a private school's participation in the scholarship 6 program, the department shall notify the private school of 7 such proposed action in writing by certified mail and regular 8 mail to the private school's address of record with the 9 department. The notification shall include the reasons for the 10 proposed action and notice of the timelines and procedures set 11 forth in this paragraph. 12 2. The private school that is adversely affected by 13 the proposed action shall have 15 days from receipt of the 14 notice of proposed action to file with the department's agency 15 clerk a request for a proceeding pursuant to ss. 120.569 and 16 120.57. If the private school is entitled to a hearing under 17 s. 120.57(1), the department shall forward the request to the 18 Division of Administrative Hearings. 19 3. Upon receipt of a request referred pursuant to this 20 paragraph, the director of the Division of Administrative 21 Hearings shall expedite the hearing and assign an 22 administrative law judge who shall commence a hearing within 23 30 days after the receipt of the formal written request by the 24 division and enter a recommended order within 30 days after 25 the hearing or within 30 days after receipt of the hearing 26 transcript, whichever is later. Each party shall be allowed 10 27 days in which to submit written exceptions to the recommended 28 order. A final order shall be entered by the agency within 30 29 days after the entry of a recommended order. The provisions of 30 this subparagraph may be waived upon stipulation by all 31 parties. 10 9:56 AM 05/02/07 s2380c2c-04-r7h
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 2380 Barcode 063660 1 (c) The commissioner may immediately suspend payment 2 of scholarship funds if it is determined that there is 3 probable cause to believe that there is: 4 1. An imminent threat to the health, safety, or 5 welfare of the students; or 6 2. Fraudulent activity on the part of the private 7 school. Notwithstanding s. 1002.22(3), in incidents of alleged 8 fraudulent activity pursuant to this section, the Department 9 of Education's Office of Inspector General is authorized to 10 release personally identifiable records or reports of students 11 to the following persons or organizations: 12 a. A court of competent jurisdiction in compliance 13 with an order of that court or the attorney of record in 14 accordance with a lawfully issued subpoena, consistent with 15 the Family Educational Rights and Privacy Act, 20 U.S.C. s. 16 1232g. 17 b. A person or entity authorized by a court of 18 competent jurisdiction in compliance with an order of that 19 court or the attorney of record pursuant to a lawfully issued 20 subpoena, consistent with the Family Educational Rights and 21 Privacy Act, 20 U.S.C. s. 1232g. 22 c. Any person, entity, or authority issuing a subpoena 23 for law enforcement purposes when the court or other issuing 24 agency has ordered that the existence or the contents of the 25 subpoena or the information furnished in response to the 26 subpoena not be disclosed, consistent with the Family 27 Educational Rights and Privacy Act, 20 U.S.C. s. 1232g, and 34 28 C.F.R. s. 99.31. 29 30 The commissioner's order suspending payment pursuant to this 31 paragraph may be appealed pursuant to the same procedures and 11 9:56 AM 05/02/07 s2380c2c-04-r7h
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 2380 Barcode 063660 1 timelines as the notice of proposed action set forth in 2 paragraph (b). 3 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be 4 eligible to participate in the John M. McKay Scholarships for 5 Students with Disabilities Program:, 6 (a) A private school may be sectarian or nonsectarian 7 and must: 8 1.(a) Comply with all requirements for private schools 9 participating in state school choice scholarship programs 10 pursuant to s. 1002.421. 11 2.(b) Provide to the department all documentation 12 required for a student's participation, including the private 13 school's and student's fee schedules, at least 30 days before 14 the first quarterly scholarship payment is made for the 15 student. 16 3.(c) Be academically accountable to the parent for 17 meeting the educational needs of the student by: 18 a.1. Providing to the parent, at a minimum, an annual 19 annually providing to the parent a written report explanation 20 of the student's progress. 21 b.2. Cooperating with the scholarship student whose 22 parent chooses to participate in the statewide assessments 23 pursuant to s. 1008.22. 24 4. (d) Maintain in this state a physical location 25 where a scholarship student: 26 a. Regularly attends classes; or 27 b. Receives case management services if the student is 28 enrolled in the program under subparagraph (3)(h)1. or 29 subparagraph (3)(h)2. 30 (b) A private school that enrolls students under 31 subparagraph (3)(h)1. or subparagraph (3)(h)2. must: 12 9:56 AM 05/02/07 s2380c2c-04-r7h
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 2380 Barcode 063660 1 1. Employ or contract with a case manager who has 2 special skills, knowledge, or expertise that qualifies him or 3 her to provide assistance to the student with disabilities and 4 the student's parent. 5 2. Require each employee or contractor who provides 6 regular and direct instruction or services to a student at a 7 site other than the private school's physical location to 8 submit to the case manager documentation of the instruction, 9 services, and progress of the student. 10 3. Ensure that the case manager is responsible for 11 coordinating instruction and services, monitoring service 12 delivery, and reviewing and maintaining the documentation 13 provided by persons employed or under contract to provide 14 services to a student at a site other than the eligible 15 private school's physical location and for providing to the 16 parent and the school a quarterly report on the student's 17 progress. 18 4. Notify the department of the students who are 19 enrolled pursuant to subparagraph (3)(h)1. or subparagraph 20 (3)(h)2. 21 22 The inability of a private school to meet the requirements of 23 this subsection shall constitute a basis for the ineligibility 24 of the private school to participate in the scholarship 25 program as determined by the department. 26 (9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 27 PARTICIPATION.--A parent who applies for a John M. McKay 28 Scholarship is exercising his or her parental option to place 29 his or her child in a private school. 30 (a) The parent must select the private school and 31 apply for the admission of his or her child. 13 9:56 AM 05/02/07 s2380c2c-04-r7h
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 2380 Barcode 063660 1 (b) The parent must have requested the scholarship at 2 least 60 days prior to the date of the first scholarship 3 payment. 4 (c) Any student participating in the John M. McKay 5 Scholarships for Students with Disabilities Program must 6 remain in attendance throughout the school year unless excused 7 by the school for illness or other good cause. 8 (d) Each parent and each student has an obligation to 9 the private school to comply with the private school's 10 published policies. 11 (e) If the parent requests that the student 12 participating in the John M. McKay Scholarships for Students 13 with Disabilities Program take all statewide assessments 14 required pursuant to s. 1008.22, the parent is responsible for 15 transporting the student to the assessment site designated by 16 the school district. 17 (f) Upon receipt of a scholarship warrant, the parent 18 to whom the warrant is made must restrictively endorse the 19 warrant to the private school for deposit into the account of 20 the private school. The parent may not designate any entity or 21 individual associated with the participating private school as 22 the parent's attorney in fact to endorse a scholarship 23 warrant. A participant who fails to comply with this paragraph 24 forfeits the scholarship. 25 (g) The parent of a student with disabilities who 26 qualifies to receive case management services under 27 sub-subparagraph (8)(a)4.b. shall provide the documentation 28 required under subparagraph (3)(h)1. or subparagraph (3)(h)2. 29 to the department at least 60 days before the first 30 scholarship payment. 31 (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.-- 14 9:56 AM 05/02/07 s2380c2c-04-r7h
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 2380 Barcode 063660 1 (a)1. The maximum scholarship granted for an eligible 2 student with disabilities shall be a calculated amount 3 equivalent to the base student allocation in the Florida 4 Education Finance Program multiplied by the appropriate cost 5 factor for the educational program that would have been 6 provided for the student in the district school to which he or 7 she was assigned, multiplied by the district cost 8 differential. 9 2. In addition, a share of the guaranteed allocation 10 for exceptional students shall be determined and added to the 11 calculated amount. The calculation shall be based on the 12 methodology and the data used to calculate the guaranteed 13 allocation for exceptional students for each district in 14 chapter 2000-166, Laws of Florida. Except as provided in 15 subparagraphs 3. and 4., the calculation shall be based on the 16 student's grade, matrix level of services, and the difference 17 between the 2000-2001 basic program and the appropriate level 18 of services cost factor, multiplied by the 2000-2001 base 19 student allocation and the 2000-2001 district cost 20 differential for the sending district. Also, the calculated 21 amount shall include the per-student share of supplemental 22 academic instruction funds, instructional materials funds, 23 technology funds, and other categorical funds as provided for 24 such purposes in the General Appropriations Act. 25 3. The calculated scholarship amount for a student who 26 is eligible under subparagraph (2)(a)2. shall be calculated as 27 provided in subparagraphs 1. and 2. However, the calculation 28 shall be based on the school district in which the parent 29 resides at the time of the scholarship request. 30 4. Until the school district completes the matrix 31 required by paragraph (5)(b), the calculation shall be based 15 9:56 AM 05/02/07 s2380c2c-04-r7h
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 2380 Barcode 063660 1 on the matrix that assigns the student to support level I of 2 service as it existed prior to the 2000-2001 school year. When 3 the school district completes the matrix, the amount of the 4 payment shall be adjusted as needed. 5 (b) The amount of the John M. McKay Scholarship shall 6 be the calculated amount or the amount of the private school's 7 tuition and fees, whichever is less. The amount of any 8 assessment fee required by the participating private school 9 may be paid from the total amount of the scholarship. 10 (c)1. The school district shall report all students 11 who are attending a private school under this program. The 12 students with disabilities attending private schools on John 13 M. McKay Scholarships shall be reported separately from other 14 students reported for purposes of the Florida Education 15 Finance Program. 16 2. For program participants who are eligible under 17 subparagraph (2)(a)2., the school district that is used as the 18 basis for the calculation of the scholarship amount as 19 provided in subparagraph (a)3. shall: 20 a. Report to the department all such students who are 21 attending a private school under this program. 22 b. Be held harmless for such students from the 23 weighted enrollment ceiling for group 2 programs in s. 24 1011.62(1)(d)3.a. during the first school year in which the 25 students are reported. 26 (d) Following notification on July 1, September 1, 27 December 1, or February 1 of the number of program 28 participants, the department shall transfer, from General 29 Revenue funds only, the amount calculated under paragraph (b) 30 from the school district's total funding entitlement under the 31 Florida Education Finance Program and from authorized 16 9:56 AM 05/02/07 s2380c2c-04-r7h
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 2380 Barcode 063660 1 categorical accounts to a separate account for the scholarship 2 program for quarterly disbursement to the parents of 3 participating students. Funds may not be transferred from any 4 funding provided to the Florida School for the Deaf and the 5 Blind for program participants who are eligible under 6 subparagraph (2)(a)2. For a student exiting a Department of 7 Juvenile Justice commitment program who chooses to participate 8 in the scholarship program, the amount of the John M. McKay 9 Scholarship calculated pursuant to paragraph (b) shall be 10 transferred from the school district in which the student last 11 attended a public school prior to commitment to the Department 12 of Juvenile Justice. When a student enters the scholarship 13 program, the department must receive all documentation 14 required for the student's participation, including the 15 private school's and student's fee schedules, at least 30 days 16 before the first quarterly scholarship payment is made for the 17 student. 18 (e) Upon notification by the department that it has 19 received the documentation required under paragraph (d), the 20 Chief Financial Officer shall make scholarship payments in 21 four equal amounts no later than September 1, November 1, 22 February 1, and April 1 of each academic year in which the 23 scholarship is in force. The initial payment shall be made 24 after department verification of admission acceptance, and 25 subsequent payments shall be made upon verification of 26 continued enrollment and attendance at the private school. 27 Payment must be by individual warrant made payable to the 28 student's parent and mailed by the department to the private 29 school of the parent's choice, and the parent shall 30 restrictively endorse the warrant to the private school for 31 deposit into the account of the private school. 17 9:56 AM 05/02/07 s2380c2c-04-r7h
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 2380 Barcode 063660 1 (f) Subsequent to each scholarship payment, the 2 department shall request from the Department of Financial 3 Services a sample of endorsed warrants to review and confirm 4 compliance with endorsement requirements. 5 (11) LIABILITY.--No liability shall arise on the part 6 of the state based on the award or use of a John M. McKay 7 Scholarship. 8 (12) SCOPE OF AUTHORITY.--The inclusion of eligible 9 private schools within options available to Florida public 10 school students does not expand the regulatory authority of 11 the state, its officers, or any school district to impose any 12 additional regulation of private schools beyond those 13 reasonably necessary to enforce requirements expressly set 14 forth in this section. 15 (13) RULES.--The State Board of Education shall adopt 16 rules pursuant to ss. 120.536(1) and 120.54 to administer this 17 section, including rules that school districts must use to 18 expedite the development of a matrix of services based on an 19 active individual education plan from another state or a 20 foreign country for a transferring student with a disability 21 who is a dependent child of a member of the United States 22 Armed Forces. The rules must identify the appropriate school 23 district personnel who must complete the matrix of services. 24 For purposes of these rules, a transferring student with a 25 disability is one who was previously enrolled as a student 26 with a disability in an out-of-state or an out-of-country 27 public or private school or agency program and who is 28 transferring from out of state or from a foreign country 29 pursuant to a parent's permanent change of station orders. 30 31 18 9:56 AM 05/02/07 s2380c2c-04-r7h
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for SB 2380 Barcode 063660 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 4, line 17, after the semicolon, 4 5 insert: 6 revising scholarship ineligibility and private 7 school eligibility provisions to exempt certain 8 students from regular class attendance 9 requirements under certain circumstances; 10 requiring a private school to maintain a 11 physical location in this state where case 12 management services are provided to students 13 subject to the regular class attendance 14 exemption; requiring a private school to employ 15 a case manager; specifying case manager 16 qualifications and responsibilities; specifying 17 the timeframe for parents to provide 18 documentation for the regular class attendance 19 exemption; 20 21 22 23 24 25 26 27 28 29 30 31 19 9:56 AM 05/02/07 s2380c2c-04-r7h