Florida Senate - 2009                                    SB 2124
       
       
       
       By Senator Wise
       
       
       
       
       5-01617A-09                                           20092124__
    1                        A bill to be entitled                      
    2         An act relating to educational choice; creating s.
    3         1002.395, F.S.; establishing the Class Size Grant
    4         Program to provide the option to attend a public
    5         school other than the one to which a student is
    6         assigned, or to provide a class size grant to a
    7         private school of choice, for students assigned to
    8         classrooms that exceed constitutional class size
    9         limits; providing eligibility requirements for receipt
   10         of a class size grant; providing restrictions on
   11         eligibility; providing for the term of a grant;
   12         providing school district, Department of Education,
   13         and Commissioner of Education obligations and
   14         authority; providing for parental options; providing
   15         eligibility requirements and obligations of private
   16         schools participating in the program; providing parent
   17         and student responsibilities for receipt of a grant;
   18         providing for grant funding, reporting, and payment;
   19         restricting liability and the expansion of regulatory
   20         authority; requiring rulemaking; amending s. 1003.03,
   21         F.S.; requiring the department to report on school
   22         district implementation of and compliance with the
   23         Class Size Grant Program; amending s. 1002.421, F.S.;
   24         conforming provisions relating to accountability of
   25         private schools participating in state school choice
   26         scholarship programs to include the Class Size Grant
   27         Program and the class size grant; providing an
   28         effective date.
   29  
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Section 1002.395, Florida Statutes, is created
   33  to read:
   34         1002.395 Class Size Grant Program.—There is established a
   35  program to provide a tool for the implementation of s. 1, Art.
   36  IX of the State Constitution relating to class size.
   37         (1) PROGRAM; GRANTS.—The Class Size Grant Program is
   38  established to provide the option to attend a public school
   39  other than the one to which a student is assigned, or to provide
   40  a grant to a private school of choice, for students assigned to
   41  classrooms that exceed the constitutional class size limits as
   42  provided in s. 1003.03(1).
   43         (2) CLASS SIZE GRANT ELIGIBILITY.—The parent of a public
   44  school student assigned to a classroom that exceeds the
   45  constitutional class size limits as provided in s. 1003.03(1)
   46  may request and receive from the state a class size grant for
   47  the child to enroll in and attend a private school in accordance
   48  with this section if the parent has obtained acceptance for
   49  admission of the student to a private school that is eligible
   50  for the program under subsection (8) and has requested from the
   51  Department of Education a grant at least 60 days prior to the
   52  date of the first grant payment. The request must be through a
   53  communication directly to the department in a manner that
   54  creates a written or electronic record of the request and the
   55  date of receipt of the request. The department must notify the
   56  school district of the parent’s intent upon receipt of the
   57  parent’s request.
   58         (3) CLASS SIZE GRANT PROHIBITIONS.—A student is not
   59  eligible for a class size grant while he or she is:
   60         (a) Enrolled in a school operating for the purpose of
   61  providing educational services to youth in Department of
   62  Juvenile Justice commitment programs;
   63         (b) Receiving a corporate income tax credit scholarship
   64  under s. 220.187;
   65         (c) Receiving an educational scholarship pursuant to this
   66  chapter;
   67         (d) Participating in a home education program as defined in
   68  s. 1002.01(1);
   69         (e) Participating in a private tutoring program pursuant to
   70  s. 1002.43;
   71         (f) Participating in a virtual school, correspondence
   72  school, or distance learning program that receives state funding
   73  pursuant to the student’s participation unless the participation
   74  is limited to no more than two courses per school year;
   75         (g) Enrolled in the Florida School for the Deaf and the
   76  Blind; or
   77         (h) Not having regular and direct contact with his or her
   78  private school teachers at the school’s physical location.
   79         (4) TERM OF CLASS SIZE GRANT.—
   80         (a) For purposes of continuity of educational choice, a
   81  class size grant shall remain in force until the student returns
   82  to a public school or graduates from high school, whichever
   83  occurs first.
   84         (b) Upon reasonable notice to the department and the school
   85  district, the student’s parent may remove the student from the
   86  private school and place the student in a public school in
   87  accordance with this section.
   88         (c) Upon reasonable notice to the department, the student’s
   89  parent may move the student from one participating private
   90  school to another participating private school.
   91         (5) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
   92         (a)1. At the beginning of the school year, a school
   93  district shall notify the parent of each student in a classroom
   94  that does not meet the constitutional class size limits provided
   95  in s. 1003.03(1) of all options available pursuant to this
   96  section, inform the parent of the availability of the
   97  department’s toll-free hotline and Internet website for
   98  additional information on class size grants, and offer the
   99  student’s parent an opportunity to enroll the student in another
  100  public school within the district that meets the constitutional
  101  class size limits provided in s. 1003.03(1).
  102         2. At any point during the school year that a classroom
  103  exceeds the constitutional class size limits provided in s.
  104  1003.03(1), the school district shall notify the parent of each
  105  student in that classroom of all options available pursuant to
  106  this section, inform the parent of the availability of the
  107  department’s telephone hotline and Internet website for
  108  additional information on class size grants, and offer the
  109  student’s parent an opportunity to enroll the student in another
  110  public school within the district that meets the constitutional
  111  class size limits provided in s. 1003.03(1).
  112         3. A parent is not required to accept the offer of
  113  enrolling the student in another public school in lieu of
  114  requesting a class size grant to a private school. However, if
  115  the parent chooses the public school option, the student may
  116  continue attending a public school chosen by the parent until
  117  the student graduates from high school.
  118         4. If a parent chooses a public school consistent with the
  119  district school board’s choice plan under s. 1002.31, the school
  120  district shall provide transportation to the public school
  121  selected by the parent. The parent is responsible for providing
  122  transportation to a public school chosen that is not consistent
  123  with the district school board’s choice plan under s. 1002.31.
  124         (b) The parent of a student may choose, as an alternative,
  125  to enroll the student in and transport the student to a public
  126  school in an adjacent school district that has available space
  127  and a classroom that does not exceed the constitutional class
  128  size limits provided in s. 1003.03(1), and that school district
  129  shall accept the student and report the student for purposes of
  130  the district’s funding pursuant to the Florida Education Finance
  131  Program.
  132         (c) For a student who receives a class size grant whose
  133  parent requests that the student take the statewide assessments
  134  under s. 1008.22, the school district in which the student
  135  attends private school shall provide locations and times to take
  136  all statewide assessments.
  137         (6) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
  138  shall:
  139         (a) Establish a toll-free hotline that provides parents and
  140  private schools with information on participation in the Class
  141  Size Grant Program.
  142         (b) Annually verify the eligibility of private schools by
  143  meeting the requirements in subsection (8).
  144         (c) Establish a process by which individuals may notify the
  145  department of any violation by a parent, private school, or
  146  school district of state laws relating to program participation.
  147  The department shall conduct an inquiry of any written complaint
  148  of a violation of this section, or make a referral to the
  149  appropriate agency for an investigation, if the complaint is
  150  signed by the complainant and is legally sufficient. A complaint
  151  is legally sufficient if it contains ultimate facts that show
  152  that a violation of this section or any rule adopted by the
  153  State Board of Education has occurred. In order to determine
  154  legal sufficiency, the department may require supporting
  155  information or documentation from the complainant. A department
  156  inquiry is not subject to the requirements of chapter 120.
  157         (d) Require an annual, notarized, sworn compliance
  158  statement by participating private schools certifying compliance
  159  with state laws and shall retain such records.
  160         (e) Cross-check the list of participating grant students
  161  with the public school enrollment lists prior to each grant
  162  payment to avoid duplication.
  163         (f) Maintain a list of nationally norm-referenced tests
  164  identified for purposes of satisfying the testing requirement in
  165  subparagraph (8)(c)2. The tests must meet industry standards of
  166  quality in accordance with State Board of Education rule.
  167         (g) Select an independent research organization, which may
  168  be a public or private entity or university, to which
  169  participating private schools must report the scores of
  170  participating students on the nationally norm-referenced tests
  171  administered by the private school. The independent research
  172  organization must annually report to the department on the year
  173  to-year improvements of participating students. The independent
  174  research organization must analyze and report student
  175  performance data in a manner that protects the rights of
  176  students and parents as mandated in 20 U.S.C. s. 1232g, the
  177  Family Educational Rights and Privacy Act, and must not
  178  disaggregate data to a level that will disclose the academic
  179  level of individual students or of individual schools. To the
  180  extent possible, the independent research organization must
  181  accumulate historical performance data on students from the
  182  department and private schools to describe baseline performance
  183  and to conduct longitudinal studies. To minimize costs and
  184  reduce time required for third-party analysis and evaluation,
  185  the department shall conduct analyses of matched students from
  186  public school assessment data and calculate control group
  187  learning gains using an agreed-upon methodology outlined in the
  188  contract with the third-party evaluator. The sharing of student
  189  data must be in accordance with requirements of 20 U.S.C. s.
  190  1232g, the Family Educational Rights and Privacy Act, and shall
  191  be for the sole purpose of conducting the evaluation. All
  192  parties must preserve the confidentiality of such information as
  193  required by law.
  194         (h)1. Conduct random site visits to private schools
  195  participating in the Class Size Grant Program. The sole purpose
  196  of the site visits is to verify the information reported by the
  197  schools concerning the enrollment and attendance of students,
  198  the credentials of teachers, background screening of teachers,
  199  and teachers’ fingerprinting results, which information is
  200  required by rules of the State Board of Education, subsection
  201  (8), and s. 1002.421. The department may not make more than
  202  three random site visits each year and may not make more than
  203  one random site visit each year to the same private school.
  204         2. Annually, by December 15, report to the Governor, the
  205  President of the Senate, and the Speaker of the House of
  206  Representatives the department’s actions with respect to
  207  implementing accountability in the grant program under this
  208  section and s. 1002.421, any substantiated allegations or
  209  violations of law or rule by an eligible private school
  210  concerning the enrollment and attendance of students, the
  211  credentials of teachers, background screening of teachers, and
  212  teachers’ fingerprinting results and the corrective action taken
  213  by the department.
  214         (7) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.—
  215         (a) The Commissioner of Education shall deny, suspend, or
  216  revoke a private school’s participation in the Class Size Grant
  217  Program if it is determined that the private school has failed
  218  to comply with the provisions of this section. However, if the
  219  noncompliance is correctable within a reasonable amount of time
  220  and in which the health, safety, or welfare of the students is
  221  not threatened, the commissioner may issue a notice of
  222  noncompliance which shall provide the private school with a
  223  timeframe within which to provide evidence of compliance prior
  224  to taking action to suspend or revoke the private school’s
  225  participation in the grant program.
  226         (b) The commissioner’s determination is subject to the
  227  following:
  228         1. If the commissioner intends to deny, suspend, or revoke
  229  a private school’s participation in the grant program, the
  230  department shall notify the private school of such proposed
  231  action in writing by certified mail and regular mail to the
  232  private school’s address of record with the department. The
  233  notification shall include the reasons for the proposed action
  234  and notice of the timelines and procedures set forth in this
  235  paragraph.
  236         2. A private school that is adversely affected by the
  237  proposed action shall have 15 days after receipt of the notice
  238  of proposed action to file with the department’s agency clerk a
  239  request for a proceeding pursuant to ss. 120.569 and 120.57. If
  240  the private school is entitled to a hearing under s. 120.57(1),
  241  the department shall forward the request to the Division of
  242  Administrative Hearings.
  243         3. Upon receipt of a request referred pursuant to this
  244  paragraph, the director of the Division of Administrative
  245  Hearings shall expedite the hearing and assign an administrative
  246  law judge who shall commence a hearing within 30 days after the
  247  receipt of the formal written request by the division and enter
  248  a recommended order within 30 days after the hearing or within
  249  30 days after receipt of the hearing transcript, whichever is
  250  later. Each party shall be allowed 10 days in which to submit
  251  written exceptions to the recommended order. A final order shall
  252  be entered by the agency within 30 days after the entry of a
  253  recommended order. The provisions of this subparagraph may be
  254  waived upon stipulation by all parties.
  255         (c) The commissioner may immediately suspend payment of
  256  grant funds if it is determined that there is probable cause to
  257  believe that there is:
  258         1. An imminent threat to the health, safety, or welfare of
  259  the students; or
  260         2. Fraudulent activity on the part of the private school.
  261  Notwithstanding s. 1002.22(3), in incidents of alleged
  262  fraudulent activity pursuant to this section, the Department of
  263  Education’s Office of Inspector General is authorized to release
  264  personally identifiable records or reports of students to the
  265  following persons or organizations:
  266         a. A court of competent jurisdiction in compliance with an
  267  order of that court or the attorney of record in accordance with
  268  a lawfully issued subpoena, consistent with the Family
  269  Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
  270         b. A person or entity authorized by a court of competent
  271  jurisdiction in compliance with an order of that court or the
  272  attorney of record pursuant to a lawfully issued subpoena,
  273  consistent with the Family Educational Rights and Privacy Act,
  274  20 U.S.C. s. 1232g.
  275         c. Any person, entity, or authority issuing a subpoena for
  276  law enforcement purposes when the court or other issuing agency
  277  has ordered that the existence or the contents of the subpoena
  278  or the information furnished in response to the subpoena not be
  279  disclosed, consistent with the Family Educational Rights and
  280  Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
  281  
  282  The commissioner’s order suspending payment pursuant to this
  283  paragraph may be appealed pursuant to the same procedures and
  284  timelines as the notice of proposed action set forth in
  285  paragraph (b).
  286         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
  287  eligible to participate in the Class Size Grant Program, a
  288  private school may be sectarian or nonsectarian and must:
  289         (a) Comply with all requirements for private schools
  290  participating in state school choice scholarship programs
  291  pursuant to s. 1002.421.
  292         (b) Provide to the department all documentation required
  293  for a student’s participation, including the private school’s
  294  and student’s fee schedules, at least 30 days before the first
  295  quarterly grant payment is made for the student.
  296         (c) Be academically accountable to the parent for meeting
  297  the educational needs of the student by:
  298         1. At a minimum, annually providing to the parent a written
  299  explanation of the student’s progress.
  300         2. Annually administering or making provision for students
  301  participating in the grant program to take one of the nationally
  302  norm-referenced tests identified by the department. Students
  303  with disabilities for whom standardized testing is not
  304  appropriate are exempt from this requirement. A participating
  305  private school must report a student’s scores to the parent and
  306  to the independent research organization selected by the
  307  department as described in paragraph (6)(g).
  308         3. Cooperating with the grant student whose parent chooses
  309  that the student participate in the statewide assessments
  310  pursuant to s. 1008.22.
  311         (d) Maintain in this state a physical location where a
  312  grant student regularly attends classes.
  313         (9) PARENT AND STUDENT RESPONSIBILITIES.—
  314         (a) A parent must select the private school and apply for
  315  the admission of his or her child.
  316         (b) A parent must have requested the grant at least 60 days
  317  prior to the date of the first grant payment.
  318         (c) Any student participating in the Class Size Grant
  319  Program must remain in attendance throughout the school year
  320  unless excused by the school for illness or other good cause.
  321         (d) Each parent and each student has an obligation to the
  322  private school to comply with the private school’s published
  323  policies.
  324         (e) If the parent requests that the student take all
  325  statewide assessments required pursuant to s. 1008.22, the
  326  parent is responsible for transporting the student to the
  327  assessment site designated by the school district.
  328         (f) Upon receipt of a grant warrant, the parent to whom the
  329  warrant is made must restrictively endorse the warrant to the
  330  private school for deposit into the account of the private
  331  school. The parent may not designate any entity or individual
  332  associated with the participating private school as the parent’s
  333  attorney in fact to endorse a grant warrant. A participant who
  334  fails to comply with this paragraph forfeits the grant.
  335         (10) GRANT FUNDING, REPORTING, AND PAYMENT.—
  336         (a) The amount of a grant provided to a student for any
  337  single school year shall be calculated by the department and
  338  must be equal to 75 percent of the annual average statewide
  339  funding per student in the Florida Education Finance Program or
  340  the private school’s tuition and fees, whichever is less.
  341         (b) A school district shall report all students who are
  342  attending a private school under the Class Size Grant Program.
  343  The students attending private schools on class size grants
  344  shall be reported separately from other students reported for
  345  purposes of the Florida Education Finance Program.
  346         (c) Following notification on July 1, September 1, December
  347  1, or February 1 of the number of program participants, the
  348  department shall transfer, from general revenue funds only, the
  349  amount calculated under paragraph (a) from the school district’s
  350  total funding entitlement under the Florida Education Finance
  351  Program and from authorized categorical accounts to a separate
  352  account for the grant program for quarterly disbursement to the
  353  parents of participating students. When a student enters the
  354  grant program, the department must receive all documentation
  355  required for the student’s participation, including the private
  356  school’s and student’s fee schedules, at least 30 days before
  357  the first quarterly grant payment is made for the student.
  358         (d) Upon notification by the department that it has
  359  received the documentation required under paragraph (c), the
  360  Chief Financial Officer shall make grant payments in four equal
  361  amounts no later than September 1, November 1, February 1, and
  362  April 1 of each academic year in which the grant is in force.
  363  The initial payment shall be made after department verification
  364  of admission acceptance, and subsequent payments shall be made
  365  upon verification of continued enrollment and attendance at the
  366  private school. Payment must be by individual warrant made
  367  payable to the student’s parent and mailed by the department to
  368  the private school of the parent’s choice, and the parent shall
  369  restrictively endorse the warrant to the private school for
  370  deposit into the account of the private school.
  371         (e) Subsequent to each grant payment, the department shall
  372  request from the Department of Financial Services a sample of
  373  endorsed warrants to review and confirm compliance with
  374  endorsement requirements.
  375         (11) LIABILITY.—No liability shall arise on the part of the
  376  state based on the award or use of a class size grant.
  377         (12) SCOPE OF AUTHORITY.—The inclusion of eligible private
  378  schools within options available to Florida public school
  379  students does not expand the regulatory authority of the state,
  380  its officers, or any school district to impose any additional
  381  regulation of private schools beyond those reasonably necessary
  382  to enforce requirements expressly set forth in this section.
  383         (13) RULES.—The State Board of Education shall adopt rules
  384  pursuant to ss. 120.536(1) and 120.54 to administer this
  385  section.
  386         Section 2. Paragraph (d) is added to subsection (4) of
  387  section 1003.03, Florida Statutes, to read:
  388         1003.03 Maximum class size.—
  389         (4) ACCOUNTABILITY.—
  390         (d) Beginning in the 2009-2010 school year, the department
  391  shall annually report by January 15 to the President of the
  392  Senate and the Speaker of the House of Representatives on school
  393  district implementation of and compliance with the Class Size
  394  Grant Program established under s. 1002.395.
  395         Section 3. Subsections (1) and (4) of section 1002.421,
  396  Florida Statutes, are amended to read:
  397         1002.421 Accountability of private schools participating in
  398  state school choice scholarship programs.—
  399         (1) A Florida private school participating in the Corporate
  400  Income Tax Credit Scholarship Program established pursuant to s.
  401  220.187 or an educational scholarship program established
  402  pursuant to this chapter must comply with all requirements of
  403  this section in addition to private school requirements outlined
  404  in s. 1002.42, specific requirements identified within
  405  respective scholarship program laws, and other provisions of
  406  Florida law that apply to private schools. For purposes of this
  407  section, the terms “scholarship program” and “scholarship”
  408  include the Class Size Grant Program and the class size grant
  409  established under s. 1002.395.
  410         (4) A private school that accepts scholarship students
  411  under s. 220.187, or s. 1002.39, or s. 1002.395 must:
  412         (a) Disqualify instructional personnel and school
  413  administrators, as defined in s. 1012.01, from employment in any
  414  position that requires direct contact with students if the
  415  personnel or administrators are ineligible for such employment
  416  under s. 1012.315.
  417         (b) Adopt policies establishing standards of ethical
  418  conduct for instructional personnel and school administrators.
  419  The policies must require all instructional personnel and school
  420  administrators, as defined in s. 1012.01, to complete training
  421  on the standards; establish the duty of instructional personnel
  422  and school administrators to report, and procedures for
  423  reporting, alleged misconduct by other instructional personnel
  424  and school administrators which affects the health, safety, or
  425  welfare of a student; and include an explanation of the
  426  liability protections provided under ss. 39.203 and 768.095. A
  427  private school, or any of its employees, may not enter into a
  428  confidentiality agreement regarding terminated or dismissed
  429  instructional personnel or school administrators, or personnel
  430  or administrators who resign in lieu of termination, based in
  431  whole or in part on misconduct that affects the health, safety,
  432  or welfare of a student, and may not provide the instructional
  433  personnel or school administrators with employment references or
  434  discuss the personnel’s or administrators’ performance with
  435  prospective employers in another educational setting, without
  436  disclosing the personnel’s or administrators’ misconduct. Any
  437  part of an agreement or contract that has the purpose or effect
  438  of concealing misconduct by instructional personnel or school
  439  administrators which affects the health, safety, or welfare of a
  440  student is void, is contrary to public policy, and may not be
  441  enforced.
  442         (c) Before employing instructional personnel or school
  443  administrators in any position that requires direct contact with
  444  students, conduct employment history checks of each of the
  445  personnel’s or administrators’ previous employers, screen the
  446  personnel or administrators through use of the educator
  447  screening tools described in s. 1001.10(5), and document the
  448  findings. If unable to contact a previous employer, the private
  449  school must document efforts to contact the employer.
  450  
  451  The department shall suspend the payment of funds under ss.
  452  220.187, and 1002.39, and 1002.395 to a private school that
  453  knowingly fails to comply with this subsection, and shall
  454  prohibit the school from enrolling new scholarship students, for
  455  1 fiscal year and until the school complies.
  456         Section 4. This act shall take effect July 1, 2009.