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,ors. 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,and1002.39, 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.