Florida Senate - 2009 SB 1988
By Senator Wise
5-01606-09 20091988__
1 A bill to be entitled
2 An act relating to a school choice pilot project;
3 creating s. 1003.64, F.S.; establishing the Education
4 Empowerment Zone Pilot Project in Orange County;
5 providing student eligibility requirements for school
6 choice options, including public school, charter
7 school, private school, and virtual school choice;
8 providing eligibility requirements for receipt of an
9 education empowerment zone grant to attend a private
10 school or a virtual school; specifying conditions that
11 prohibit receipt of a grant; providing term of a
12 grant; providing obligations of school districts, the
13 Department of Education, and the Commissioner of
14 Education; providing private school and virtual school
15 eligibility requirements and obligations; specifying
16 parent and student responsibilities for participation;
17 providing funding for grants and payment procedures;
18 waiving liability of the state; restricting the
19 expansion of regulatory authority over private schools
20 and virtual schools; requiring the State Board of
21 Education to adopt rules; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Section 1003.64, Florida Statutes, is created to
26 read:
27 1003.64 Education Empowerment Zone Pilot Project.—There is
28 established the Education Empowerment Zone Pilot Project in
29 Orange County beginning in the 2009-2010 school year to be in
30 effect for a period of 5 school years.
31 (1) PURPOSE.—The pilot project is established to provide
32 comprehensive research to aid in policy development on the
33 academic impact of full school choice provided to parents of
34 students in a geographic area.
35 (2) CHOICE OPTIONS.—Parents of eligible students in the
36 designated pilot project county shall be eligible for school
37 choice options provided in this section, including public school
38 choice, charter school choice, private school choice, and
39 virtual school choice.
40 (3) STUDENT ELIGIBILITY FOR PUBLIC SCHOOL CHOICE.—
41 (a) The parent of a student residing in the pilot project
42 county may choose to enroll his or her child in any public
43 school within the county.
44 (b) The pilot project county shall provide transportation
45 for the student to the public school of choice and shall not
46 limit the choice because of school or class size issues.
47 (4) STUDENT ELIGIBILITY FOR CHARTER SCHOOL CHOICE.—
48 (a) The parent of a student residing in the pilot project
49 county may choose to enroll his or her child in any charter
50 school within the county.
51 (b) Any charter school receiving more applications than
52 spaces authorized in its charter contract may exceed the number
53 of students authorized in the charter contract during the term
54 of this pilot project.
55 (5) STUDENT ELIGIBILITY FOR PRIVATE SCHOOL AND VIRTUAL
56 SCHOOL CHOICE.—
57 (a) The parent of an eligible student residing in the pilot
58 project county may request and receive from the state an
59 education empowerment zone grant. The grant may be used for the
60 child to enroll in and attend a private school or virtual school
61 in accordance with this section.
62 (b) A student is eligible for an education empowerment zone
63 grant if the student:
64 1. Spent the prior school year in attendance at a Florida
65 public school. Prior school year in attendance means that the
66 student was enrolled in, and reported by, a school district for
67 funding during the preceding October and February Florida
68 Education Finance Program surveys in kindergarten through grade
69 12;
70 2. Is entering kindergarten, grade 1, grade 6, or grade 9;
71 or
72 3. Participated in the Corporate Income Tax Credit
73 Scholarship Program under s. 220.187 in the prior school year.
74 (6) EDUCATION EMPOWERMENT ZONE GRANT PROHIBITIONS.—A
75 student is not eligible for an education empowerment zone grant
76 while he or she is:
77 (a) Enrolled in a school operating for the purpose of
78 providing educational services to youth in Department of
79 Juvenile Justice commitment programs;
80 (b) Receiving a corporate income tax credit scholarship
81 under s. 220.187;
82 (c) Receiving an educational scholarship pursuant to
83 chapter 1002;
84 (d) Participating in a home education program as defined in
85 s. 1002.01(1); or
86 (e) Participating in a private tutoring program pursuant to
87 s. 1002.43.
88 Nothing in this section prohibits a student from participating
89 in the Florida Virtual School established under s. 1002.37.
90 (7) TERM OF EDUCATION EMPOWERMENT ZONE GRANT.—
91 (a) An education empowerment zone grant shall remain in
92 force through the final year of the pilot project or until the
93 student returns to a public school or graduates from high
94 school, whichever occurs first.
95 (b) Upon reasonable notice to the department and the school
96 district, the student’s parent may remove the student from the
97 private school or virtual school and enroll the student in a
98 public school in accordance with this section.
99 (c) Upon reasonable notice to the department, the student’s
100 parent may remove the student from one participating private
101 school or virtual school and enroll the student in another
102 participating private school or virtual school.
103 (8) SCHOOL DISTRICT OBLIGATIONS.—
104 (a) At the beginning of the school year, the school
105 district within the pilot project county shall notify the
106 parents of students in the district school system of all options
107 available under this section, inform the parents of the
108 availability of the department’s toll-free hotline and Internet
109 website for additional information on education empowerment zone
110 grants, and offer parents an opportunity to enroll their
111 children in another public school within the school district.
112 (b) For a student who participates in the pilot project
113 whose parent chooses to enroll him or her in a private school or
114 virtual school, the school district shall provide to such parent
115 locations and times for the student to take all statewide
116 assessments under s. 1008.22.
117 (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
118 shall:
119 (a) Establish a toll-free hotline that provides parents,
120 private schools, and virtual schools with information on
121 participation in the pilot project.
122 (b) Annually verify the eligibility of private schools and
123 virtual schools that meet the requirements of subsections (11)
124 and (12), respectively. On or before March 1, 2010, and annually
125 thereafter, the department shall publish a list of providers
126 approved to offer virtual school instruction.
127 (c) Establish a process by which individuals may notify the
128 department of any violation of this section or of any rule
129 adopted by the State Board of Education by a parent, private
130 school, virtual school, charter school, or school district. The
131 department shall conduct an inquiry of any written complaint of
132 a violation, or make a referral to the appropriate agency for an
133 investigation, if the complaint is signed by the complainant and
134 is legally sufficient. A complaint is legally sufficient if it
135 contains ultimate facts that show that a violation of this
136 section or of any rule adopted by the State Board of Education
137 has occurred. In order to determine legal sufficiency, the
138 department may require supporting information or documentation
139 from the complainant. A department inquiry is not subject to the
140 requirements of chapter 120.
141 (d) Require an annual, notarized, sworn compliance
142 statement by participating private schools and virtual schools
143 certifying compliance with state laws and shall retain such
144 records.
145 (e) Cross-check the list of students participating in the
146 pilot project with the school district’s public school
147 enrollment lists prior to each grant payment to avoid
148 duplication.
149 (f) Prior to December 31 in the final school year of the
150 pilot project, report to the President of the Senate and the
151 Speaker of the House of Representatives on the academic impact
152 of the pilot project. The report should include data on the
153 year-to-year academic improvement of students whose parents do
154 not exercise school choice and of those students participating
155 in public school choice, charter school choice, private school
156 choice, or virtual school choice under this section. The
157 department must not disaggregate data to a level that will
158 disclose the academic level of individual students or of
159 individual schools. To the extent possible, the department must
160 accumulate historical performance data on students to describe
161 baseline performance and to conduct longitudinal studies. To the
162 extent possible, the department shall compare the overall
163 performance of students participating in the pilot project to
164 student performance in Florida school districts that are similar
165 in size and demographics and did not participate in the pilot
166 project. To minimize costs, the department may contract with a
167 third-party evaluator. The sharing of student data must be in
168 accordance with requirements of the Family Educational Rights
169 and Privacy Act, 20 U.S.C. s. 1232g, and shall be for the sole
170 purpose of conducting the evaluation. All parties must preserve
171 the confidentiality of such information as required by law.
172 (10) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.—
173 (a) The Commissioner of Education shall deny, suspend, or
174 revoke a private school’s or virtual school’s participation in
175 the pilot project if it is determined that the school has failed
176 to comply with the provisions of this section. However, in
177 instances in which the noncompliance is correctable within a
178 reasonable amount of time and in which the health, safety, or
179 welfare of the students is not threatened, the commissioner may
180 issue a notice of noncompliance, which shall provide the private
181 school or virtual school with a timeframe within which to
182 provide evidence of compliance prior to taking action to suspend
183 or revoke the school’s participation in the pilot project.
184 (b) The commissioner’s determination is subject to the
185 following:
186 1. If the commissioner intends to deny, suspend, or revoke
187 a private school’s or virtual school’s participation in the
188 pilot project, the department shall notify the school of such
189 proposed action in writing by certified mail and regular mail to
190 the school’s address of record with the department. The
191 notification shall include the reasons for the proposed action
192 and notice of the timelines and procedures set forth in this
193 paragraph.
194 2. The private school or virtual school that is adversely
195 affected by the proposed action shall have 15 days from receipt
196 of the notice of proposed action to file with the department’s
197 agency clerk a request for a proceeding pursuant to ss. 120.569
198 and 120.57. If the private school or virtual school is entitled
199 to a hearing under s. 120.57(1), the department shall forward
200 the request to the Division of Administrative Hearings.
201 3. Upon receipt of a request referred pursuant to this
202 paragraph, the director of the Division of Administrative
203 Hearings shall expedite the hearing and assign an administrative
204 law judge who shall commence a hearing within 30 days after the
205 receipt of the formal written request by the division and enter
206 a recommended order within 30 days after the hearing or within
207 30 days after receipt of the hearing transcript, whichever is
208 later. Each party shall be allowed 10 days in which to submit
209 written exceptions to the recommended order. A final order shall
210 be entered by the agency within 30 days after the entry of a
211 recommended order. The provisions of this subparagraph may be
212 waived upon stipulation by all parties.
213 (c) The commissioner may immediately suspend payment of
214 grant funds if it is determined that there is probable cause to
215 believe that there is:
216 1. An imminent threat to the health, safety, or welfare of
217 the students; or
218 2. Fraudulent activity on the part of the private school or
219 virtual school. Notwithstanding s. 1002.22(3), in incidents of
220 alleged fraudulent activity pursuant to this section, the
221 department’s Office of Inspector General is authorized to
222 release personally identifiable records or reports of students
223 to the following persons or organizations:
224 a. A court of competent jurisdiction in compliance with an
225 order of that court or the attorney of record in accordance with
226 a lawfully issued subpoena, consistent with the Family
227 Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
228 b. A person or entity authorized by a court of competent
229 jurisdiction in compliance with an order of that court or the
230 attorney of record pursuant to a lawfully issued subpoena,
231 consistent with the Family Educational Rights and Privacy Act,
232 20 U.S.C. s. 1232g.
233 c. Any person, entity, or authority issuing a subpoena for
234 law enforcement purposes when the court or other issuing agency
235 has ordered that the existence or the contents of the subpoena
236 or the information furnished in response to the subpoena not be
237 disclosed, consistent with the Family Educational Rights and
238 Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
239 The commissioner’s order suspending payment pursuant to this
240 paragraph may be appealed pursuant to the same procedures and
241 timelines as the notice of proposed action set forth in
242 paragraph (b).
243 (11) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
244 eligible to participate in the pilot project, a private school
245 may be sectarian or nonsectarian and must:
246 (a) Comply with all requirements for private schools
247 participating in state school choice scholarship programs
248 pursuant to s. 1002.421.
249 (b) Provide to the department all documentation required
250 for a student’s participation, including the private school’s
251 and student’s fee schedules, at least 30 days before the first
252 quarterly grant payment is made for the student.
253 (c) Be academically accountable to the parent for meeting
254 the educational needs of the student by:
255 1. At a minimum, annually providing to the parent a written
256 explanation of the student’s progress.
257 2. Cooperating with the student when the student
258 participates in the statewide assessments pursuant to s.
259 1008.22.
260 (12) VIRTUAL SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
261 eligible to participate in the pilot project, a virtual school
262 must:
263 (a) Comply with the eligibility requirements for K-8
264 virtual schools provided in s. 1002.415; or
265 (b) Be approved by the department and annually document to
266 the department that the virtual school:
267 1. Is nonsectarian in its programs, admission policies,
268 employment practices, and operations.
269 2. Complies with the antidiscrimination provisions of s.
270 1000.05.
271 3. Has at least 3 years of prior, successful experience
272 offering online courses to elementary, middle, or high school
273 students.
274 4. Utilizes an instructional model that relies on certified
275 teachers, not parents, to provide at least 85 percent of the
276 instruction to the student.
277 5. Is accredited by the Commission on Colleges of the
278 Southern Association of Colleges and Schools, the Middle States
279 Association of Colleges and Schools, the North Central
280 Association of Colleges and Schools, or the New England
281 Association of Colleges and Schools.
282 6. Complies with all requirements under this section.
283 (13) PARENT AND STUDENT RESPONSIBILITIES FOR RECEIPT OF
284 GRANT.—
285 (a) The parent must select a private school or virtual
286 school and apply for the admission of his or her child.
287 (b) The parent must have requested an education empowerment
288 zone grant at least 60 days prior to the date of the first grant
289 payment.
290 (c) Any student participating in the pilot project must
291 remain in attendance throughout the school year unless excused
292 by the school for illness or other good cause.
293 (d) Each parent and each student has an obligation to the
294 private school or virtual school to comply with the school’s
295 published policies.
296 (e) Each student must participate in all statewide
297 assessments required under s. 1008.22. The parent is responsible
298 for transporting the student to the assessment site designated
299 by the school district.
300 (f) Upon receipt of a grant warrant, the parent to whom the
301 warrant is made must restrictively endorse the warrant to the
302 private school or virtual school for deposit into the account of
303 the school. The parent may not designate any entity or
304 individual associated with the participating school as the
305 parent’s attorney in fact to endorse a grant warrant. A
306 participant who fails to comply with this paragraph forfeits the
307 grant.
308 (14) EDUCATION EMPOWERMENT ZONE GRANT FUNDING AND PAYMENT.—
309 (a) The amount of a grant provided to any student for any
310 single school year may not exceed 75 percent of the annual
311 average statewide funding per student in the Florida Education
312 Finance Program.
313 (b)1. The school district shall report all students who are
314 attending a private school or virtual school under the pilot
315 project. Such students shall be reported separately from other
316 students reported for purposes of the Florida Education Finance
317 Program.
318 2. School districts are eligible to receive the difference
319 between the education empowerment zone grant amount and the
320 annual average statewide funding per student in the Florida
321 Education Finance Program.
322 (c) Following notification on July 1, September 1, December
323 1, or February 1 of the number of students receiving a grant,
324 the department shall transfer, from general revenue funds only,
325 the amount calculated under paragraph (b) from the school
326 district’s total funding entitlement under the Florida Education
327 Finance Program and from authorized categorical accounts to a
328 separate account for the pilot project for quarterly
329 disbursement to the parents of participating students. When a
330 student begins participation in the pilot project, the
331 department must receive all documentation required for the
332 student’s participation, including the private school’s and
333 student’s fee schedules, at least 30 days before the first
334 quarterly grant payment is made for the student.
335 (d) Upon notification by the department that it has
336 received the documentation required under paragraph (c), the
337 Chief Financial Officer shall make grant payments in four equal
338 amounts no later than September 1, November 1, February 1, and
339 April 1 of each academic year in which the grant is in force.
340 The initial payment shall be made after department verification
341 of admission acceptance, and subsequent payments shall be made
342 upon verification of continued enrollment and attendance at the
343 private school or virtual school. Payment must be by individual
344 warrant made payable to the student’s parent and mailed by the
345 department to the private school or virtual school of the
346 parent’s choice, and the parent shall restrictively endorse the
347 warrant to the private school or virtual school for deposit into
348 the account of the private school or virtual school.
349 (e) Subsequent to each grant payment, the department shall
350 request from the Department of Financial Services a sample of
351 endorsed warrants to review and confirm compliance with
352 endorsement requirements.
353 (15) LIABILITY.—No liability shall arise on the part of the
354 state based on the award or use of an education empowerment zone
355 grant.
356 (16) SCOPE OF AUTHORITY.—The inclusion of eligible private
357 schools or virtual schools within options available to Florida
358 public school students does not expand the regulatory authority
359 of the state, its officers, or any school district to impose any
360 additional regulation of private schools or virtual schools
361 beyond those reasonably necessary to enforce requirements
362 expressly set forth in this section.
363 (17) RULES.—The State Board of Education shall adopt rules
364 pursuant to ss. 120.536(1) and 120.54 to administer this
365 section.
366 Section 2. This act shall take effect July 1, 2009.