Senate Bill sb2600

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    Florida Senate - 2007                                  SB 2600

    By Senator King





    8-1686B-07

  1                      A bill to be entitled

  2         An act relating to students with disabilities;

  3         creating s. 1002.371, F.S.; creating the

  4         Transition Program to provide continuity in the

  5         education of students with disabilities who

  6         formerly received scholarships under the John

  7         M. McKay Scholarships for Students with

  8         Disabilities Program; providing eligibility

  9         criteria for students and private schools to

10         participate in the program; providing for the

11         term of participation in the program; requiring

12         school districts to provide certain notice to

13         parents and provide locations for statewide

14         assessments; requiring that the Department of

15         Education notify parents of the program;

16         specifying additional duties of the department

17         with respect to verifying the eligibility of

18         private schools to participate, investigating

19         complaints, and conducting site visits at

20         participating private schools; requiring the

21         Commissioner of Education to deny, suspend, or

22         revoke a parent's participation and a private

23         school's eligibility to participate in the

24         program under certain circumstances; providing

25         notice requirements; providing for an expedited

26         hearing; providing circumstances under which

27         the commissioner may immediately suspend

28         payments under the program; providing

29         eligibility requirements for private schools

30         that participate in the program; requiring that

31         employees and personnel having direct contact

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 1         with students undergo background checks;

 2         providing requirements for retaining

 3         fingerprint cards and performing background

 4         screening; providing requirements for a parent

 5         whose child participates in the program;

 6         prohibiting a parent from authorizing another

 7         person to endorse a warrant; providing for

 8         making payments on behalf of students

 9         participating in the program; requiring the

10         department to confirm compliance with

11         endorsement requirements; providing that the

12         state is not liable in any action based on the

13         award or use of funds under the program;

14         providing that the act does not expand the

15         regulatory authority of the state, its

16         officers, or a school district; requiring the

17         State Board of Education to adopt rules;

18         providing an effective date.

19  

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

21  

22         Section 1.  Section 1002.371, Florida Statutes, is

23  created to read:

24         1002.371  Transition Program.--There is established a

25  program that is separate and distinct from the John M. McKay

26  Scholarships for Students with Disabilities Program.

27         (1)  TRANSITION PROGRAM; LEGISLATIVE INTENT.--It is the

28  intent of the Legislature, through the establishment of the

29  Transition Program, to provide continuity in the education of

30  students with disabilities who previously received a

31  scholarship to a private school under s. 1002.39 and who meet

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 1  the requirements in this section. This section expires June

 2  30, 2025.

 3         (2)  TRANSITION PROGRAM ELIGIBILITY.--A parent of a

 4  student with a disability may request that the student

 5  participate in the transition program in accordance with this

 6  section if:

 7         (a)  The student meets the following requirements for

 8  the 2005-2006 school year:

 9         1.  Was a previous recipient of a scholarship under s.

10  1002.39;

11         2.  Received a program of instruction for less than the

12  actual school days specified in rules of the State Board of

13  Education for compulsory attendance for students enrolled in

14  private schools; and

15         3.  Was enrolled in a private school that was eligible

16  under s. 1002.39, and scholarship funds were used for the

17  student to receive:

18         a.  Instruction at home;

19         b.  Instruction at a site other than the school's

20  physical location; or

21         c.  A combination of instruction at home and at the

22  physical location of the eligible private school in which the

23  student was enrolled.

24         (b)  The parent has obtained acceptance by a private

25  school that is eligible for the program under subsection (8)

26  for the student to receive instruction at the private school

27  and instruction at home or for the private school to

28  coordinate instruction to the student at home.

29         (c)  The parent has requested to participate in the

30  program at least 60 days before the date of the first payment.

31  The request must be made through a communication directly to

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 1  the department in a manner that creates a written or

 2  electronic record of the request and the date of receipt of

 3  the request. A parent applying for his or her child to

 4  participate pursuant to this section must submit to the

 5  Department of Education documentation to prove compliance with

 6  the eligibility requirements in paragraph (a). The

 7  documentation must include a notarized statement of compliance

 8  that is signed by the parent and the director of the private

 9  school in which the student was enrolled during the 2005-2006

10  school year.

11         (3)  PROHIBITIONS.--A student is not eligible for the

12  program while he or she is:

13         (a)  Enrolled in a school operating for the purpose of

14  providing educational services to youth in commitment programs

15  of the Department of Juvenile Justice;

16         (b)  Receiving a corporate income tax credit

17  scholarship under s. 220.187;

18         (c)  Receiving a scholarship under s. 1002.39; or

19         (d)  Enrolled in the Florida School for the Deaf and

20  the Blind.

21         (4)  PROGRAM PARTICIPATION.--

22         (a)  For purposes of continuity of educational choice,

23  a student shall remain in the program until the student

24  returns to a public school, graduates from high school, or

25  reaches the age of 22, whichever occurs first.

26         (b)  Upon reasonable notice to the department and the

27  school district, the student's parent may remove the student

28  from the private school and place the student in a public

29  school.

30  

31  

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 1         (c)  Upon reasonable notice to the department, the

 2  student's parent may move the student from one participating

 3  private school to another participating private school.

 4         (5)  SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.--

 5         (a)  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 participates in the program.

 8         (b)  For a student who participates in the program

 9  whose parent requests that the student take the statewide

10  assessments under s. 1008.22, the district in which the

11  student attends private school or receives home instruction

12  shall provide locations and times to take all statewide

13  assessments.

14         (6)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The

15  department shall:

16         (a)  Establish a toll-free hotline that provides

17  parents and private schools with information concerning

18  participation in the Transition Program.

19         (b)1.  Annually verify the eligibility of private

20  schools that meet the requirements of subsection (8).

21         2.  Annually verify the parent's compliance with the

22  requirements in this section.

23         (c)  Establish a process by which individuals may

24  notify the department of any violation by a parent, private

25  school, or school district of state laws relating to program

26  participation. The department shall conduct an inquiry of any

27  written complaint of a violation of this section, or make a

28  referral to the appropriate agency for an investigation, if

29  the complaint is signed by the complainant and is legally

30  sufficient. A complaint is legally sufficient if it contains

31  ultimate facts that show that a violation of this section or

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 1  any rule adopted by the State Board of Education has occurred.

 2  In order to determine legal sufficiency, the department may

 3  require supporting information or documentation from the

 4  complainant. A department inquiry is not subject to the

 5  requirements of chapter 120.

 6         (d)  Require an annual, notarized, sworn compliance

 7  statement by participating private schools and parents

 8  certifying compliance with state laws and shall retain such

 9  records.

10         (e)  Cross-check the list of participating students

11  with the public school enrollment lists before each payment in

12  order to avoid duplication.

13         (f)1.  Conduct random site visits to private schools

14  participating in the program. The purpose of the site visits

15  is solely to verify the information reported by the parents

16  and schools concerning the enrollment and attendance of

17  students, the credentials of teachers, background screening of

18  teachers, and teachers' fingerprinting results, which

19  information is required by rules of the State Board of

20  Education and subsection (8).

21         2.  Annually, by December 15, report to the Governor,

22  the President of the Senate, and the Speaker of the House of

23  Representatives the Department of Education's actions with

24  respect to implementing accountability in the program under

25  this section, any substantiated allegations or violations of

26  law or rule by an eligible private school or parent under this

27  program concerning the enrollment and attendance of students,

28  the credentials of teachers, background screening of teachers,

29  and teachers' fingerprinting results and the corrective action

30  taken by the Department of Education.

31  

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 1         (7)  COMMISSIONER OF EDUCATION; AUTHORITY AND

 2  OBLIGATIONS.--

 3         (a)  The Commissioner of Education shall deny, suspend,

 4  or revoke a parent's participation or a private school's

 5  eligibility to participate in the program if the commissioner

 6  finds that the private school or parent has failed to comply

 7  with the provisions of this section. However, in instances in

 8  which the noncompliance is correctable within a reasonable

 9  amount of time and in which the health, safety, or welfare of

10  the students is not threatened, the commissioner may issue a

11  notice of noncompliance which shall provide a timeframe within

12  which to provide evidence of compliance before taking action

13  to suspend or revoke eligibility to participate in the

14  program.

15         (b)  The commissioner's determination is subject to the

16  following:

17         1.  If the commissioner intends to deny, suspend, or

18  revoke a private school's eligibility to participate in the

19  program, the department shall notify the private school of

20  such proposed action in writing by certified mail and regular

21  mail to the private school's address of record with the

22  department. The notification must include the reasons for the

23  proposed action and notice of the timelines and procedures set

24  forth in this paragraph.

25         2.  The private school that is adversely affected by

26  the proposed action shall have 15 days following receipt of

27  the notice of proposed action to file with the department's

28  agency clerk a request for a proceeding pursuant to ss.

29  120.569 and 120.57. If the private school is entitled to a

30  hearing under s. 120.57(1), the department shall forward the

31  request to the Division of Administrative Hearings.

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 1         3.  Upon receipt of a request referred under this

 2  paragraph, the director of the Division of Administrative

 3  Hearings shall expedite the hearing and assign an

 4  administrative law judge who shall commence a hearing within

 5  30 days after the receipt of the formal written request by the

 6  division and enter a recommended order within 30 days after

 7  the hearing or within 30 days after receipt of the hearing

 8  transcript, whichever is later. Each party shall be allowed 10

 9  days in which to submit written exceptions to the recommended

10  order. A final order shall be entered by the agency within 30

11  days after the entry of a recommended order. The provisions of

12  this subparagraph may be waived upon stipulation by all

13  parties.

14  

15  The commissioner's proposed action for a parent is subject to

16  the same procedures and timelines as set forth in this

17  paragraph. A parent may appeal pursuant to the same procedures

18  and timelines as set forth in this paragraph.

19         (c)  The commissioner may immediately suspend payment

20  of funds if it is determined that there is probable cause to

21  believe that there is:

22         1.  An imminent threat to the health, safety, or

23  welfare of the students; or

24         2.  Fraudulent activity on the part of the private

25  school or parent. Notwithstanding s. 1002.22(3), in incidents

26  of alleged fraudulent activity under this section, the

27  Department of Education's Office of Inspector General may

28  release personally identifiable records or reports of students

29  to the following persons or organizations:

30         a.  A court of competent jurisdiction in compliance

31  with an order of that court or the attorney of record in

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 1  accordance with a lawfully issued subpoena, consistent with

 2  the Family Educational Rights and Privacy Act, 20 U.S.C. s.

 3  1232g.

 4         b.  A person or entity authorized by a court of

 5  competent jurisdiction in compliance with an order of that

 6  court or the attorney of record pursuant to a lawfully issued

 7  subpoena, consistent with the Family Educational Rights and

 8  Privacy Act, 20 U.S.C. s. 1232g.

 9         c.  Any person, entity, or authority issuing a subpoena

10  for law enforcement purposes when the court or other issuing

11  agency has ordered that the existence or the contents of the

12  subpoena or the information furnished in response to the

13  subpoena not be disclosed, consistent with the Family

14  Educational Rights and Privacy Act, 20 U.S.C. s. 1232g, and 34

15  C.F.R. s. 99.31.

16  

17  The commissioner's order suspending payment under this

18  paragraph may be appealed pursuant to the same procedures and

19  timelines as the notice of proposed action set forth in

20  paragraph (b).

21         (8)  PRIVATE SCHOOL ELIGIBILITY, OBLIGATIONS, AND

22  ACCOUNTABILITY.--

23         (a)  A Florida private school participating in the

24  program established under this section may be sectarian or

25  nonsectarian and must comply with all requirements of this

26  section in addition to requirements for private schools

27  outlined in s. 1002.42 and other provisions of state law which

28  apply to private schools.

29         (b)  A private school participating in the program must

30  be a Florida private school as defined in s. 1002.01, must be

31  registered in accordance with s. 1002.42, and must:

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 1         1.  Comply with the antidiscrimination provisions of 42

 2  U.S.C. s. 2000d.

 3         2.  Notify the department of its intent to participate

 4  in the program.

 5         3.  Notify the department of any change in the school's

 6  name, school director, mailing address, or physical location

 7  within 15 days after the change.

 8         4.  Complete student enrollment and attendance

 9  verification requirements, including use of an on-line

10  attendance-verification form, before any payment is made.

11         5.  Annually complete and submit to the department a

12  notarized compliance statement certifying that all school

13  employees and contracted personnel having direct contact with

14  students have undergone background screening pursuant to s.

15  943.0542.

16         6.  Demonstrate fiscal soundness and accountability by:

17         a.  Being in operation for at least 3 school years or

18  obtaining a surety bond or letter of credit for the amount

19  equal to the funds paid for any quarter and filing the surety

20  bond or letter of credit with the department.

21         b.  Requiring the parent of each student to personally

22  restrictively endorse the warrant to the school. The school

23  may not act as attorney in fact for the parent of a student

24  under the authority of a power of attorney executed by such

25  parent, or under any other authority, to endorse warrants on

26  behalf of such parent.

27         7.  Meet applicable state and local health, safety, and

28  welfare laws, codes, and rules, including:

29         a.  Firesafety.

30         b.  Building safety.

31  

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 1         8.  Employ or contract with teachers who hold

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

 3  teaching experience in public or private schools, or have

 4  special skills, knowledge, or expertise qualifying them to

 5  provide instruction in subjects taught.

 6         9.  Provide to the department all documentation

 7  required for a student's participation, including the private

 8  school's and student's fee schedules and the student's

 9  services plan, at least 30 days before the first quarterly

10  payment is made for the student.

11         10.  Be academically accountable to the parent for

12  meeting the educational needs of the student by:

13         a.  At a minimum, annually providing to the parent a

14  written explanation of the student's progress.

15         b.  Cooperating with the student whose parent chooses

16  to participate in the statewide assessments pursuant to s.

17  1008.22.

18         11.  Maintain in this state a physical location where

19  the student attends classes as provided in the services plan

20  of a student who receives instruction at the private school.

21         (c)  A private school participating in the program must

22  require each employee and contracted personnel having direct

23  student contact, upon employment or engagement to provide

24  services, to undergo a state and national background

25  screening, pursuant to s. 943.0542, by electronically filing

26  with the Department of Law Enforcement a complete set of

27  fingerprints taken by an authorized law enforcement agency or

28  an employee of the private school, a school district, or a

29  private company who is trained to take fingerprints and deny

30  employment to or terminate an employee if he or she fails to

31  meet the screening standards under s. 435.04. Results of the

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 1  screening shall be provided to the participating private

 2  school. For purposes of this paragraph:

 3         1.  An "employee or contracted personnel having direct

 4  contact with students" means any employee or contracted

 5  personnel who has unsupervised access to a student in the

 6  program for whom the private school is responsible.

 7         2.  The state may not pay the costs of fingerprinting

 8  or the background check of employees or contracted personnel

 9  having direct contact with students.

10         3.  Continued employment of an employee or contracted

11  personnel after notification that he or she has failed the

12  background screening under this paragraph shall cause a

13  private school to be ineligible for participation in the

14  program.

15         4.  An employee or contracted personnel holding a valid

16  Florida teaching certificate who has been fingerprinted

17  pursuant to s. 1012.32 is exempt from the background screening

18  requirements of this paragraph.

19         (d)  Beginning July 1, 2007, all fingerprints submitted

20  to the Department of Law Enforcement as required by this

21  section shall be retained by the Department of Law Enforcement

22  in a manner provided by rule and entered in the statewide

23  automated fingerprint identification system authorized by s.

24  943.05(2)(b). Such fingerprints shall thereafter be available

25  for all purposes and uses authorized for arrest fingerprint

26  cards entered in the statewide automated fingerprint

27  identification system pursuant to s. 943.051.

28         (e)  Beginning July 1, 2007, the Department of Law

29  Enforcement shall search all arrest fingerprint cards received

30  under s. 943.051 against the fingerprints retained in the

31  statewide automated fingerprint identification system under

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 1  paragraph (d). Any arrest record that is identified with the

 2  retained fingerprints of a person subject to the background

 3  screening under this section shall be reported to the

 4  employing school with which the person is affiliated. Each

 5  private school participating in the program shall participate

 6  in this search process by informing the Department of Law

 7  Enforcement of any change in the employment or contractual

 8  status of its personnel whose fingerprints are retained under

 9  paragraph (d). The Department of Law Enforcement shall adopt a

10  rule setting the amount of the annual fee to be imposed upon

11  each private school for performing these searches and

12  establishing the procedures for retaining the fingerprints of

13  private school employees and contracted personnel and

14  disseminating search results. The fee may be borne by the

15  private school or the person fingerprinted.

16         (f)  Employees and contracted personnel whose

17  fingerprints are not retained by the Department of Law

18  Enforcement under paragraphs (d) and (e) must be

19  refingerprinted and meet state and national background

20  screening requirements upon reemployment or reengagement to

21  provide services in order to comply with the requirements of

22  this section.

23         (g)  Every 5 years following employment or engagement

24  to provide services with a private school, employees or

25  contracted personnel required to be screened under this

26  section must meet screening standards under s. 435.04, at

27  which time the private school shall request the Department of

28  Law Enforcement to forward the fingerprints to the Federal

29  Bureau of Investigation for national processing. If the

30  fingerprints of employees or contracted personnel are not

31  retained by the Department of Law Enforcement under paragraph

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 1  (d), employees and contracted personnel must electronically

 2  file a complete set of fingerprints with the Department of Law

 3  Enforcement. Upon submission of fingerprints for this purpose,

 4  the private school shall request that the Department of Law

 5  Enforcement forward the fingerprints to the Federal Bureau of

 6  Investigation for national processing, and the fingerprints

 7  shall be retained by the Department of Law Enforcement under

 8  paragraph (d).

 9  

10  The inability of a private school to meet the requirements of

11  this section constitutes a basis for the ineligibility of the

12  private school to participate in the program as determined by

13  the department.

14         (9)  PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM

15  PARTICIPATION.--A parent who applies for his or her child to

16  participate in the program is exercising his or her parental

17  option to place his or her child in a private school or

18  receive home instruction. The parent of a student who

19  participates in the program may provide for his or her child

20  to receive instruction at home. As an alternative, the parent

21  may place his or her child in an eligible private school to

22  receive instruction at the private school and instruction at

23  home.

24         (a)  The parent must select an eligible private school

25  and apply for the admission of the student to receive

26  instruction at the private school and instruction at home or

27  for the coordination by the private school of instruction to

28  the student at home.

29         (b)1.  The parent must have requested participation in

30  the program at least 60 days before the date of the first

31  payment.

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 1         2.  The parent must annually complete and submit to the

 2  department a notarized compliance statement certifying

 3  compliance with this section.

 4         3.  A parent who provides instruction at home under

 5  this section must meet the notice requirements and maintain a

 6  portfolio as provided for in s. 1002.41. The portfolio must be

 7  annually reviewed by the eligible private school. The parent

 8  must also provide for an annual academic evaluation by the

 9  eligible private school or by one of the methods in s.

10  1002.41(1)(c).

11         (c)  Any student participating in the program must

12  remain in attendance as provided for in the student's services

13  plan.

14         (d)  Each parent and each student has an obligation to

15  the private school to comply with the private school's

16  published policies.

17         (e)  If the parent requests that the student

18  participating in the program take all statewide assessments

19  required under s. 1008.22, the parent is responsible for

20  transporting the student to the assessment site designated by

21  the school district.

22         (f)  Upon receipt of a warrant, the parent to whom the

23  warrant is made must restrictively endorse the warrant to the

24  private school for deposit into the account of the private

25  school. The parent may not designate any entity or individual

26  associated with the participating private school as the

27  parent's attorney in fact to endorse a warrant. A participant

28  who fails to comply with this paragraph forfeits eligibility

29  to participate in the program.

30         (10)  FUNDING AND PAYMENT.--

31  

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 1         (a)1.  The maximum funds granted under the program for

 2  an eligible student with disabilities shall be the amount

 3  received under s. 1002.39 for the 2005-2006 school year.

 4         2.  Payment shall be made from funds provided in the

 5  General Appropriations Act.

 6         3.  Funds may be used for the following:

 7         a.  For the student to receive instruction at the

 8  eligible private school and instruction at home by the parent

 9  or by an individual employed or under contract with the

10  private school;

11         b.  For the student to receive instruction at home by

12  the parent or by an individual employed or under contract with

13  the eligible private school; and

14         c.  For the private school to coordinate the

15  instruction of the student at home.

16         4.  A parent must, in consultation with an eligible

17  private school, develop, review, and revise a quarterly

18  student services plan to ensure the continuity of instruction

19  to the student. The plan must include, but is not limited to,

20  the site for instruction, the specific instruction and

21  services to be provided by the parent at home and by the

22  private school and the number of hours of instruction to be

23  provided by the parent at home and by the private school.

24         a.  Payment for home instruction shall be made to the

25  private school. The private school is responsible for

26  reimbursing the parent who provides instruction to the student

27  at home, as specified in the student's services plan.

28         b.  Before each payment, a parent must provide the

29  private school with documentation of the student's

30  participation in home instruction.

31  

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 1         (b)  The amount of any assessment fee required by the

 2  participating private school may be paid from the total amount

 3  of the student's payment under the program.

 4         (c)  When a student enters the program, the department

 5  must receive all documentation required for the student's

 6  participation, including the private school's and student's

 7  fee schedules, the student services plan, and evidence of the

 8  student's attendance, at least 30 days before the first

 9  quarterly payment is made for the student.

10         (d)  Upon notification by the department that it has

11  received the documentation required under paragraph (d), the

12  Chief Financial Officer shall make payments in four equal

13  amounts no later than September 1, November 1, February 1, and

14  April 1 of each academic year in which the student

15  participates in the program. The initial payment shall be made

16  after the department verifies that the student has been

17  accepted by the private school, and subsequent payments shall

18  be made upon verification of continued enrollment and

19  attendance at the private school and at home. Payment must be

20  by individual warrant made payable to the student's parent and

21  mailed by the department to the private school of the parent's

22  choice, and the parent shall restrictively endorse the warrant

23  to the private school for deposit into the account of the

24  private school.

25         (e)  Subsequent to each payment, the department shall

26  request from the Department of Financial Services a sample of

27  endorsed warrants to review and confirm compliance with

28  endorsement requirements.

29         (11)  LIABILITY.--The state is not liable in any action

30  that is based on the award or use of funds for a student to

31  participate in the program.

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 1         (12)  SCOPE OF AUTHORITY.--The inclusion of eligible

 2  private schools within options available to Florida public

 3  school students does not expand the regulatory authority of

 4  the state, its officers, or any school district to impose any

 5  additional regulation of private schools beyond those

 6  reasonably necessary to enforce requirements expressly set

 7  forth in this section.

 8         (13)  RULES.--The State Board of Education shall adopt

 9  rules pursuant to ss. 120.536(1) and 120.54 to administer this

10  section.

11         Section 2.  This act shall take effect upon becoming a

12  law.

13  

14            *****************************************

15                          SENATE SUMMARY

16    Creates the Transition Program to provide continuity in
      the education of students with disabilities who formerly
17    received scholarships under the John M. McKay
      Scholarships for Students with Disabilities Program.
18    Provides eligibility criteria for students and private
      schools to participate in the program. Provides duties of
19    the school districts and the Department of Education with
      respect to determining the eligibility of students and
20    private schools. Requires the Commissioner of Education
      to deny, suspend, or revoke a private school's
21    eligibility to participate in the program under certain
      circumstances. Requires that employees and personnel
22    having direct contact with students undergo background
      checks. Provides requirements for a parent whose child
23    participates in the program. Requires that the State
      Board of Education adopt rules to administer the program.
24    (See bill for details.)

25  

26  

27  

28  

29  

30  

31  

                                  18

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