Florida Senate - 2009 SB 1010
By Senator Ring
32-01387-09 20091010__
1 A bill to be entitled
2 An act relating to the John M. McKay Scholarships for
3 Students with Disabilities Program; amending s.
4 1002.39, F.S.; authorizing students who receive
5 certain services under the Voluntary Prekindergarten
6 Education Program to receive a John M. McKay
7 Scholarship; deleting the requirement that a student
8 must have spent the prior school year in attendance at
9 a Florida public school or the Florida School for the
10 Deaf and the Blind to be eligible for a scholarship;
11 providing rights that protect the privacy of student
12 education records; requiring a pamphlet or handbook
13 explaining student and parent rights; requiring the
14 Department of Education to recommend training for
15 school personnel in procedures for safe restraint of
16 students; requiring a private school to refund
17 scholarship payment under certain circumstances;
18 permitting students, including homebound or
19 hospitalized students with autism spectrum disorder,
20 to receive scholarship services at locations other
21 than a private school's site under specified
22 conditions; conforming provisions; amending s.
23 1002.20, F.S., relating to student and parent rights;
24 conforming provisions; providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsection (2), paragraph (h) of subsection (3),
29 paragraph (a) of subsection (4), paragraph (a) of subsection
30 (5), paragraph (d) of subsection (8), and paragraphs (a), (c),
31 (d), and (e) of subsection (10) of section 1002.39, Florida
32 Statutes, are amended, paragraph (g) is added to subsection (6),
33 subsections (11), (12), and (13) are renumbered as subsections
34 (12), (13), and (14), respectively, and a new subsection (11) is
35 added to that section, to read:
36 1002.39 The John M. McKay Scholarships for Students with
37 Disabilities Program.—There is established a program that is
38 separate and distinct from the Opportunity Scholarship Program
39 and is named the John M. McKay Scholarships for Students with
40 Disabilities Program.
41 (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY; RIGHTS.—
42 (a) The parent of a public school student with a
43 disability, including a student who received early intervention
44 services under the Voluntary Prekindergarten Education Program
45 and has a current individual educational plan, who is
46 dissatisfied with the student's progress may request and receive
47 from the state a John M. McKay Scholarship for the child to
48 enroll in and attend a private school in accordance with this
49 section if:
50 (a) The student has spent the prior school year in
51 attendance at a Florida public school or the Florida School for
52 the Deaf and the Blind. Prior school year in attendance means
53 that the student was:
54 1. Enrolled and reported by a school district for funding
55 during the preceding October and February Florida Education
56 Finance Program surveys in kindergarten through grade 12, which
57 shall include time spent in a Department of Juvenile Justice
58 commitment program if funded under the Florida Education Finance
59 Program;
60 2. Enrolled and reported by the Florida School for the Deaf
61 and the Blind during the preceding October and February student
62 membership surveys in kindergarten through grade 12; or
63 3. Enrolled and reported by a school district for funding
64 during the preceding October and February Florida Education
65 Finance Program surveys, was at least 4 years old when so
66 enrolled and reported, and was eligible for services under s.
67 1003.21(1)(e).
68 However, a dependent child of a member of the United States
69 Armed Forces who transfers to a school in this state from out of
70 state or from a foreign country pursuant to a parent's permanent
71 change of station orders is exempt from this paragraph but must
72 meet all other eligibility requirements to participate in the
73 program.
74 (b) the parent has obtained acceptance for admission of the
75 student to a private school that is eligible for the program
76 under subsection (8) and has requested from the department a
77 scholarship at least 60 days prior to the date of the first
78 scholarship payment. The request must be through a communication
79 directly to the department in a manner that creates a written or
80 electronic record of the request and the date of receipt of the
81 request. The Department of Education must notify the district of
82 the parent's intent upon receipt of the parent's request.
83 (b) The parent of a student receiving a John M. McKay
84 Scholarship is entitled to the rights identified in the Family
85 Educational Rights and Privacy Act, 20 U.S.C. s. 1232g, which
86 protect the privacy of student education records.
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 (h) Not having regular and direct contact with his or her
90 private school teachers at the school's physical location except
91 as provided in subsection (11).
92 (4) TERM OF JOHN M. MCKAY SCHOLARSHIP.—
93 (a) For purposes of continuity of educational choice, a
94 John M. McKay Scholarship shall remain in force until the
95 student enrolls in returns to a public school, graduates from
96 high school, or reaches the age of 22, whichever occurs first.
97 (5) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
98 (a)1. By April 1 of each year and within 10 days after an
99 individual education plan meeting, a school district shall
100 notify the parent of the student of all options available
101 pursuant to this section, inform the parent of the availability
102 of the department's telephone hotline and Internet website for
103 additional information on John M. McKay Scholarships, and offer
104 that student's parent an opportunity to enroll the student in
105 another public school within the district.
106 2. The parent is not required to accept the offer of
107 enrolling in another public school in lieu of requesting a John
108 M. McKay Scholarship to a private school. However, if the parent
109 chooses the public school option, the student may continue
110 attending a public school chosen by the parent until the student
111 graduates from high school.
112 3. If the parent chooses a public school consistent with
113 the district school board's choice plan under s. 1002.31, the
114 school district shall provide transportation to the public
115 school selected by the parent. The parent is responsible to
116 provide transportation to a public school chosen that is not
117 consistent with the district school board's choice plan under s.
118 1002.31.
119 4. Each parent of a student participating in the
120 scholarship program shall receive from the school district a
121 pamphlet or handbook that explains in easily understandable
122 terms the student and parent rights and responsibilities under
123 this section. The pamphlet or handbook shall have a tear-off
124 form for the parent's signature that indicates that the parent
125 has read and understands these rights and responsibilities. The
126 tear-off form must be returned to the school the student is
127 attending with the original form forwarded by the school to the
128 district school board and a copy retained at the school.
129 (6) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
130 shall:
131 (g) Recommend that public school and private school
132 personnel who interact with students participating in the
133 scholarship program receive initial and periodic followup
134 training in procedures for safely restraining such students in
135 an emergency.
136 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
137 eligible to participate in the John M. McKay Scholarships for
138 Students with Disabilities Program, a private school may be
139 sectarian or nonsectarian and must:
140 (d) Maintain in this state a physical location where a
141 scholarship student regularly attends classes or where it
142 provides case management services under subsection (11).
143 The inability of a private school to meet the requirements of
144 this subsection shall constitute a basis for the ineligibility
145 of the private school to participate in the scholarship program
146 as determined by the department.
147 (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.—
148 (a)1. The maximum scholarship granted for an eligible
149 student with disabilities shall be a calculated amount
150 equivalent to the base student allocation in the Florida
151 Education Finance Program multiplied by the appropriate cost
152 factor for the educational program that would have been provided
153 for the student in the district school to which he or she was
154 assigned, multiplied by the district cost differential.
155 2. In addition, a share of the guaranteed allocation for
156 exceptional students shall be determined and added to the
157 calculated amount. The calculation shall be based on the
158 methodology and the data used to calculate the guaranteed
159 allocation for exceptional students for each district in chapter
160 2000-166, Laws of Florida. Except as provided in subparagraphs
161 3. and 4., the calculation shall be based on the student's
162 grade, matrix level of services, and the difference between the
163 2000-2001 basic program and the appropriate level of services
164 cost factor, multiplied by the 2000-2001 base student allocation
165 and the 2000-2001 district cost differential for the sending
166 district. Also, the calculated amount shall include the per
167 student share of supplemental academic instruction funds,
168 instructional materials funds, technology funds, and other
169 categorical funds as provided for such purposes in the General
170 Appropriations Act.
171 3. The calculated scholarship amount for a student who was
172 enrolled in the Florida School for the Deaf and the Blind is
173 eligible under subparagraph (2)(a)2. shall be calculated as
174 provided in subparagraphs 1. and 2. However, the calculation
175 shall be based on the school district in which the parent
176 resides at the time of the scholarship request.
177 4. Until the school district completes the matrix required
178 by paragraph (5)(b), the calculation shall be based on the
179 matrix that assigns the student to support level I of service as
180 it existed prior to the 2000-2001 school year. When the school
181 district completes the matrix, the amount of the payment shall
182 be adjusted as needed.
183 (c)1. The school district shall report all students who are
184 attending a private school under this program. The students with
185 disabilities attending private schools on John M. McKay
186 Scholarships shall be reported separately from other students
187 reported for purposes of the Florida Education Finance Program.
188 2. For program participants who were enrolled in the
189 Florida School for the Deaf and the Blind are eligible under
190 subparagraph (2)(a)2., the school district that is used as the
191 basis for the calculation of the scholarship amount as provided
192 in subparagraph (a)3. shall:
193 a. Report to the department all such students who are
194 attending a private school under this program.
195 b. Be held harmless for such students from the weighted
196 enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.b.
197 during the first school year in which the students are reported.
198 (d) Following notification on July 1, September 1, December
199 1, or February 1 of the number of program participants, the
200 department shall transfer, from General Revenue funds only, the
201 amount calculated under paragraph (b) from the school district's
202 total funding entitlement under the Florida Education Finance
203 Program and from authorized categorical accounts to a separate
204 account for the scholarship program for quarterly disbursement
205 to the parents of participating students. Funds may not be
206 transferred from any funding provided to the Florida School for
207 the Deaf and the Blind for program participants who are eligible
208 under subparagraph (2)(a)2. For a student exiting a Department
209 of Juvenile Justice commitment program who chooses to
210 participate in the scholarship program, the amount of the John
211 M. McKay Scholarship calculated pursuant to paragraph (b) shall
212 be transferred from the school district in which the student
213 last attended a public school prior to commitment to the
214 Department of Juvenile Justice. When a student enters the
215 scholarship program, the department must receive all
216 documentation required for the student's participation,
217 including the private school's and student's fee schedules, at
218 least 30 days before the first quarterly scholarship payment is
219 made for the student.
220 (e) Upon notification by the department that it has
221 received the documentation required under paragraph (d), the
222 Chief Financial Officer shall make scholarship payments in four
223 equal amounts no later than September 1, November 1, February 1,
224 and April 1 of each academic year in which the scholarship is in
225 force. The initial payment shall be made after department
226 verification of admission acceptance, and subsequent payments
227 shall be made upon verification of continued enrollment and
228 attendance at the private school. Payment must be by individual
229 warrant made payable to the student's parent and mailed by the
230 department to the private school of the parent's choice, and the
231 parent shall restrictively endorse the warrant to the private
232 school for deposit into the account of the private school. If a
233 participating student withdraws from a private school, the
234 private school shall refund on a prorated basis the unused
235 portion of the scholarship payment to the department for
236 transfer to the separate account for the scholarship program.
237 (11) ALTERNATIVE SITES FOR INSTRUCTION AND SERVICES.—A
238 student eligible for a scholarship under this section, including
239 a student with autism spectrum disorder who participates in the
240 program for students who are homebound or hospitalized, may
241 receive regular and direct instruction and services from a
242 private school at a site other than the school's physical
243 location if the following criteria are met:
244 (a) The student's parent provides a notarized statement
245 from the medical doctor or psychologist treating the student's
246 disability which certifies that the student's welfare or the
247 welfare of other students in the classroom will be jeopardized
248 if the student is required to regularly attend class at the
249 school's physical location. The notarized statement must be:
250 1. Annually provided to the department at least 60 days
251 prior to the date of the first scholarship payment for each
252 school year.
253 2. Based on an annual review of the student's disability by
254 the student's medical doctor or psychologist.
255 (b) The private school serving the student:
256 1. Employs or contracts with a case manager who coordinates
257 and monitors the student's instruction and services, reviews and
258 maintains the documentation submitted under subparagraph 2., and
259 provides the student's parent and private school with monthly
260 reports on the student's progress.
261 2. Requires private school employees or contracted
262 personnel who provide regular and direct instruction or services
263 to a student at a site other than the private school's physical
264 location to submit to the case manager documentation of the
265 instruction, services, and progress of the student.
266 3. Notifies the department of each student subject to this
267 subsection.
268 Section 2. Paragraph (b) of subsection (6) of section
269 1002.20, Florida Statutes, is amended to read:
270 1002.20 K-12 student and parent rights.—Parents of public
271 school students must receive accurate and timely information
272 regarding their child's academic progress and must be informed
273 of ways they can help their child to succeed in school. K-12
274 students and their parents are afforded numerous statutory
275 rights including, but not limited to, the following:
276 (6) EDUCATIONAL CHOICE.—
277 (b) Private school choices.—Parents of public school
278 students may seek private school choice options under certain
279 programs.
280 1. Under the Opportunity Scholarship Program, the parent of
281 a student in a failing public school may request and receive an
282 opportunity scholarship for the student to attend a private
283 school in accordance with the provisions of s. 1002.38.
284 2. Under the McKay Scholarships for Students with
285 Disabilities Program, the parent of a public school student with
286 a disability who is dissatisfied with the student's progress may
287 request and receive a McKay Scholarship for the student to
288 attend a private school in accordance with the provisions of s.
289 1002.39.
290 3. Under the corporate income tax credit scholarship
291 program, the parent of a student who qualifies for free or
292 reduced-price school lunch may seek a scholarship from an
293 eligible nonprofit scholarship-funding organization in
294 accordance with the provisions of s. 220.187.
295 Section 3. This act shall take effect July 1, 2009.