| 1 | A bill to be entitled |
| 2 | An act relating to the John M. McKay Scholarships for |
| 3 | Students with Disabilities Program; amending s. 1002.39, |
| 4 | F.S.; revising student eligibility requirements for |
| 5 | participation in the scholarship program; authorizing |
| 6 | students who are eligible to enter kindergarten to receive |
| 7 | a John M. McKay Scholarship; providing eligibility |
| 8 | requirements for a student identified with a developmental |
| 9 | delay; authorizing students who were enrolled and reported |
| 10 | by a school district for funding during any prior year |
| 11 | Florida Education Finance Program surveys to receive a |
| 12 | John M. McKay Scholarship; defining the term "owner or |
| 13 | operator"; authorizing the Commissioner of Education to |
| 14 | deny, suspend, or revoke a private school's participation |
| 15 | in the scholarship program for certain acts or omissions |
| 16 | by an owner or operator of the private school; conforming |
| 17 | cross-references; permitting students to receive |
| 18 | instruction and services from a private school at a site |
| 19 | other than the physical location of the private school |
| 20 | under specified conditions; amending s. 1002.20, F.S.; |
| 21 | conforming provisions; providing an effective date. |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. Subsection (2), paragraph (h) of subsection |
| 26 | (3), paragraph (a) of subsection (4), paragraph (a) of |
| 27 | subsection (7), paragraph (d) of subsection (8), and paragraphs |
| 28 | (a), (c), and (d) of subsection (10) of section 1002.39, Florida |
| 29 | Statutes, are amended, subsections (11), (12), and (13) are |
| 30 | renumbered as subsections (12), (13), and (14), respectively, |
| 31 | and a new subsection (11) is added to that section, to read: |
| 32 | 1002.39 The John M. McKay Scholarships for Students with |
| 33 | Disabilities Program.-There is established a program that is |
| 34 | separate and distinct from the Opportunity Scholarship Program |
| 35 | and is named the John M. McKay Scholarships for Students with |
| 36 | Disabilities Program. |
| 37 | (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.-The parent of a |
| 38 | public school student with a disability who is dissatisfied with |
| 39 | the student's progress may request and receive from the state a |
| 40 | John M. McKay Scholarship for the child to enroll in and attend |
| 41 | a private school in accordance with this section if: |
| 42 | (a) The student: |
| 43 | 1. Is eligible to enter kindergarten. A child identified |
| 44 | with a developmental delay who has received early intervention |
| 45 | services under the Voluntary Prekindergarten Education Program |
| 46 | must be reevaluated prior to entering kindergarten so that an |
| 47 | individual education plan shall be developed if he or she is |
| 48 | deemed eligible for the exceptional student education program; |
| 49 | or |
| 50 | 2. Has attended spent the prior school year in attendance |
| 51 | at a Florida public school or the Florida School for the Deaf |
| 52 | and the Blind. For purposes of this subparagraph, Prior school |
| 53 | year in attendance means that the student was: |
| 54 | 1. enrolled and reported by: |
| 55 | a. A school district for funding during any prior the |
| 56 | preceding October and February Florida Education Finance Program |
| 57 | surveys during the same school year in kindergarten through |
| 58 | grade 12, which shall include time spent in a Department of |
| 59 | Juvenile Justice commitment program if funded under the Florida |
| 60 | Education Finance Program; or |
| 61 | b.2. Enrolled and reported by The Florida School for the |
| 62 | Deaf and the Blind during the preceding October and February |
| 63 | student membership surveys in kindergarten through grade 12.; or |
| 64 | 3. Enrolled and reported by a school district for funding |
| 65 | during the preceding October and February Florida Education |
| 66 | Finance Program surveys, was at least 4 years old when so |
| 67 | enrolled and reported, and was eligible for services under s. |
| 68 | 1003.21(1)(e). |
| 69 |
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| 70 | However, a dependent child of a member of the United States |
| 71 | Armed Forces who transfers to a school in this state from out of |
| 72 | state or from a foreign country pursuant to a parent's permanent |
| 73 | change of station orders is exempt from this paragraph but must |
| 74 | meet all other eligibility requirements to participate in the |
| 75 | program. |
| 76 | (b) The parent has obtained acceptance for admission of |
| 77 | the student to a private school that is eligible for the program |
| 78 | under subsection (8) and has requested from the department a |
| 79 | scholarship at least 60 days prior to the date of the first |
| 80 | scholarship payment. The request must be through a communication |
| 81 | directly to the department in a manner that creates a written or |
| 82 | electronic record of the request and the date of receipt of the |
| 83 | request. The Department of Education must notify the district of |
| 84 | the parent's intent upon receipt of the parent's request. |
| 85 | (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.-A student is |
| 86 | not eligible for a John M. McKay Scholarship while he or she is: |
| 87 | (h) Not having regular and direct contact with his or her |
| 88 | private school teachers at the school's physical location, |
| 89 | except as provided in subsection (11). |
| 90 | (4) TERM OF JOHN M. MCKAY SCHOLARSHIP.- |
| 91 | (a) For purposes of continuity of educational choice, a |
| 92 | John M. McKay Scholarship shall remain in force until the |
| 93 | student enrolls in returns to a public school, graduates from |
| 94 | high school, or reaches the age of 22, whichever occurs first. |
| 95 | (7) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.- |
| 96 | (a)1. The Commissioner of Education shall deny, suspend, |
| 97 | or revoke a private school's participation in the scholarship |
| 98 | program if it is determined that the private school has failed |
| 99 | to comply with the provisions of this section. However, in |
| 100 | instances in which the noncompliance is correctable within a |
| 101 | reasonable amount of time and in which the health, safety, or |
| 102 | welfare of the students is not threatened, the commissioner may |
| 103 | issue a notice of noncompliance which shall provide the private |
| 104 | school with a timeframe within which to provide evidence of |
| 105 | compliance prior to taking action to suspend or revoke the |
| 106 | private school's participation in the scholarship program. |
| 107 | 2.a. For purposes of this subparagraph, the term "owner or |
| 108 | operator" includes an owner, operator, superintendent, or |
| 109 | principal of, or a person with equivalent decisionmaking |
| 110 | authority over, a private school participating in the |
| 111 | scholarship program. |
| 112 | b. The Commissioner of Education may deny, suspend, or |
| 113 | revoke a private school's participation in the scholarship |
| 114 | program if the commissioner determines that an owner or operator |
| 115 | of the private school is operating or has operated an |
| 116 | educational institution in this state or another state or |
| 117 | jurisdiction in a manner contrary to the health, safety, or |
| 118 | welfare of the public. In making this determination, the |
| 119 | commissioner may consider factors that include, but are not |
| 120 | limited to: acts or omissions by an owner or operator that led |
| 121 | to a previous denial or revocation of participation in an |
| 122 | education scholarship program; an owner's or operator's failure |
| 123 | to reimburse the Department of Education for scholarship funds |
| 124 | improperly received or retained by a school; imposition of a |
| 125 | prior criminal sanction related to an owner's or operator's |
| 126 | management or operation of an educational institution; |
| 127 | imposition of a civil fine or administrative fine, license |
| 128 | revocation or suspension, or program eligibility suspension, |
| 129 | termination, or revocation related to an owner's or operator's |
| 130 | management or operation of an educational institution; or other |
| 131 | types of criminal proceedings in which an owner or operator was |
| 132 | found guilty of, regardless of adjudication, or entered a plea |
| 133 | of nolo contendere or guilty to, any offense involving fraud, |
| 134 | deceit, dishonesty, or moral turpitude. |
| 135 | (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.-To be |
| 136 | eligible to participate in the John M. McKay Scholarships for |
| 137 | Students with Disabilities Program, a private school may be |
| 138 | sectarian or nonsectarian and must: |
| 139 | (d) Maintain in this state a physical location in this |
| 140 | state where a scholarship student regularly attends classes or |
| 141 | provide instruction and services pursuant to |
| 142 |
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| 143 | The inability of a private school to meet the requirements of |
| 144 | this subsection shall constitute a basis for the ineligibility |
| 145 | of the private school to participate in the scholarship program |
| 146 | as determined by the department. |
| 147 | (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.- |
| 148 | (a)1. The maximum scholarship granted for an eligible |
| 149 | student with disabilities shall be a calculated amount |
| 150 | equivalent to the base student allocation in the Florida |
| 151 | Education Finance Program multiplied by the appropriate cost |
| 152 | factor for the educational program that would have been provided |
| 153 | for the student in the district school to which he or she was |
| 154 | assigned, multiplied by the district cost differential. |
| 155 | 2. In addition, a share of the guaranteed allocation for |
| 156 | exceptional students shall be determined and added to the |
| 157 | calculated amount. The calculation shall be based on the |
| 158 | methodology and the data used to calculate the guaranteed |
| 159 | allocation for exceptional students for each district in chapter |
| 160 | 2000-166, Laws of Florida. Except as provided in subparagraphs |
| 161 | 3. and 4., the calculation shall be based on the student's |
| 162 | grade, matrix level of services, and the difference between the |
| 163 | 2000-2001 basic program and the appropriate level of services |
| 164 | cost factor, multiplied by the 2000-2001 base student allocation |
| 165 | and the 2000-2001 district cost differential for the sending |
| 166 | district. Also, the calculated amount shall include the per- |
| 167 | student share of supplemental academic instruction funds, |
| 168 | instructional materials funds, technology funds, and other |
| 169 | categorical funds as provided for such purposes in the General |
| 170 | Appropriations Act. |
| 171 | 3. The calculated scholarship amount for a student who is |
| 172 | eligible under sub-subparagraph (2)(a)2.b. subparagraph (2)(a)2. |
| 173 | shall be calculated as provided in subparagraphs 1. and 2. |
| 174 | However, the calculation shall be based on the school district |
| 175 | in which the parent resides at the time of the scholarship |
| 176 | request. |
| 177 | 4. Until the school district completes the matrix required |
| 178 | by paragraph (5)(b), the calculation shall be based on the |
| 179 | matrix that assigns the student to support level I of service as |
| 180 | it existed prior to the 2000-2001 school year. When the school |
| 181 | district completes the matrix, the amount of the payment shall |
| 182 | be adjusted as needed. |
| 183 | (c)1. The school district shall report all students who |
| 184 | are attending a private school under this program. The students |
| 185 | with disabilities attending private schools on John M. McKay |
| 186 | Scholarships shall be reported separately from other students |
| 187 | reported for purposes of the Florida Education Finance Program. |
| 188 | 2. For program participants who are eligible under sub- |
| 189 | subparagraph (2)(a)2.b. subparagraph (2)(a)2., the school |
| 190 | district that is used as the basis for the calculation of the |
| 191 | scholarship amount as provided in subparagraph (a)3. shall: |
| 192 | a. Report to the department all such students who are |
| 193 | attending a private school under this program. |
| 194 | b. Be held harmless for such students from the weighted |
| 195 | enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.b. |
| 196 | during the first school year in which the students are reported. |
| 197 | (d) Following notification on July 1, September 1, |
| 198 | December 1, or February 1 of the number of program participants, |
| 199 | the department shall transfer, from General Revenue funds only, |
| 200 | the amount calculated under paragraph (b) from the school |
| 201 | district's total funding entitlement under the Florida Education |
| 202 | Finance Program and from authorized categorical accounts to a |
| 203 | separate account for the scholarship program for quarterly |
| 204 | disbursement to the parents of participating students. Funds may |
| 205 | not be transferred from any funding provided to the Florida |
| 206 | School for the Deaf and the Blind for program participants who |
| 207 | are eligible under sub-subparagraph (2)(a)2.b. subparagraph |
| 208 | (2)(a)2. For a student exiting a Department of Juvenile Justice |
| 209 | commitment program who chooses to participate in the scholarship |
| 210 | program, the amount of the John M. McKay Scholarship calculated |
| 211 | pursuant to paragraph (b) shall be transferred from the school |
| 212 | district in which the student last attended a public school |
| 213 | prior to commitment to the Department of Juvenile Justice. When |
| 214 | a student enters the scholarship program, the department must |
| 215 | receive all documentation required for the student's |
| 216 | participation, including the private school's and student's fee |
| 217 | schedules, at least 30 days before the first quarterly |
| 218 | scholarship payment is made for the student. |
| 219 | (11) ALTERNATIVE SITES FOR INSTRUCTION AND SERVICES.-A |
| 220 | student eligible for a scholarship under this section may |
| 221 | receive regular and direct instruction and services from a |
| 222 | private school at a site other than the physical location of the |
| 223 | school if the following criteria are met: |
| 224 | (a) The student's parent must provide a notarized |
| 225 | statement from an individual treating the student's disability |
| 226 | who is a physician licensed under chapter 458 or chapter 459 or |
| 227 | a psychologist licensed under chapter 490, which certifies that |
| 228 | the student's welfare or the welfare of other students in the |
| 229 | classroom will be jeopardized if the student is required to |
| 230 | regularly attend class at the physical location of the school. |
| 231 | The notarized statement must be: |
| 232 | 1. Annually provided to the department at least 60 days |
| 233 | prior to the date of the first scholarship payment for each |
| 234 | school year. |
| 235 | 2. Based on an annual review of the student's disability |
| 236 | by the physician or psychologist treating the student's |
| 237 | disability. |
| 238 | (b) The private school serving the student must: |
| 239 | 1. Employ or contract with a case manager who coordinates |
| 240 | and monitors the student's instruction and services, reviews and |
| 241 | maintains the documentation submitted under subparagraph 2., and |
| 242 | provides the student's parent and the private school with |
| 243 | monthly reports on the student's progress. |
| 244 | 2. Require private school employees or contracted |
| 245 | personnel who provide regular and direct instruction or services |
| 246 | to a student at a site other than the private school's physical |
| 247 | location to submit to the case manager documentation of the |
| 248 | instruction, services, and progress of the student. |
| 249 | 3. Notify the department of each student receiving |
| 250 | services under this subsection. |
| 251 | Section 2. Paragraph (b) of subsection (6) of section |
| 252 | 1002.20, Florida Statutes, is amended to read: |
| 253 | 1002.20 K-12 student and parent rights.-Parents of public |
| 254 | school students must receive accurate and timely information |
| 255 | regarding their child's academic progress and must be informed |
| 256 | of ways they can help their child to succeed in school. K-12 |
| 257 | students and their parents are afforded numerous statutory |
| 258 | rights including, but not limited to, the following: |
| 259 | (6) EDUCATIONAL CHOICE.- |
| 260 | (b) Private school choices.-Parents of public school |
| 261 | students may seek private school choice options under certain |
| 262 | programs. |
| 263 | 1. Under the Opportunity Scholarship Program, the parent |
| 264 | of a student in a failing public school may request and receive |
| 265 | an opportunity scholarship for the student to attend a private |
| 266 | school in accordance with the provisions of s. 1002.38. |
| 267 | 2. Under the McKay Scholarships for Students with |
| 268 | Disabilities Program, the parent of a public school student with |
| 269 | a disability who is dissatisfied with the student's progress may |
| 270 | request and receive a McKay Scholarship for the student to |
| 271 | attend a private school in accordance with the provisions of s. |
| 272 | 1002.39. |
| 273 | 3. Under the Florida Tax Credit Scholarship Program, the |
| 274 | parent of a student who qualifies for free or reduced-price |
| 275 | school lunch may seek a scholarship from an eligible nonprofit |
| 276 | scholarship-funding organization in accordance with the |
| 277 | provisions of s. 220.187. |
| 278 | Section 3. This act shall take effect July 1, 2010. |