HB 999

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

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