HB 1331

1	A bill to be entitled
2	An act relating to school choice; amending s. 1002.38,
3	F.S.; revising legislative intent and eligibility
4	requirements for participation in the Opportunity
5	Scholarship Program; deleting provisions that authorize an
6	opportunity scholarship for attendance at a private
7	school; requiring that an opportunity scholarship remain
8	in force until the student graduates from high school;
9	revising school district obligations and deleting
10	provisions relating to private schools to conform to
11	changes made by the act; amending ss. 1001.42 and 1002.20,
12	F.S.; conforming provisions to changes made by the act;
13	deleting an obsolete provision relating to the John M.
14	McKay Scholarships for Students with Disabilities Program;
15	providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Section 1002.38, Florida Statutes, is amended
20	to read:
21	1002.38  Opportunity Scholarship Program.-
22	(1)  FINDINGS AND INTENT.-The purpose of this section is to
23	provide enhanced opportunity for students in this state to gain
24	the knowledge and skills necessary for postsecondary education,
25	a career education, or the world of work. The Legislature
26	recognizes that the voters of the State of Florida, in the
27	November 1998 general election, amended s. 1, Art. IX of the
28	Florida Constitution so as to make education a paramount duty of
29	the state. The Legislature finds that the State Constitution
30	requires the state to provide a uniform, safe, secure,
31	efficient, and high-quality system which allows the opportunity
32	to obtain a high-quality education. The Legislature further
33	finds that a student should not be compelled, against the wishes
34	of the student's parent, to remain in a school found by the
35	state to be failing for 2 years in a 4-year period. The
36	Legislature shall make available opportunity scholarships in
37	order to give parents the opportunity for their children to
38	attend a public school that is performing satisfactorily or to
39	attend an eligible private school when the parent chooses to
40	apply the equivalent of the public education funds generated by
41	his or her child to the cost of tuition in the eligible private
42	school as provided in paragraph (6)(a). Eligibility of a private
43	school shall include the control and accountability requirements
44	that, coupled with the exercise of parental choice, are
45	reasonably necessary to secure the educational public purpose,
46	as delineated in subsection (4).
47	(2)  OPPORTUNITY SCHOLARSHIP ELIGIBILITY.-
48	(a)  A public school student's parent may request and
49	receive from the state an opportunity scholarship for the
50	student to enroll in and attend a public private school in
51	accordance with the provisions of this section if:
52	(a)1.  By assigned school attendance area or by special
53	assignment, the student has spent the prior school year in
54	attendance at a public school that has been designated pursuant
55	to s. 1008.34 as performance grade category "D" for 2 school
56	years in a 4-year period or "F," for 1 school year in a 2-year
57	period failing to make adequate progress, and that is in one of
58	the two lowest-performing categories pursuant to s. 1008.33 has
59	had 2 school years in a 4-year period of such low performance,
60	and the student's attendance occurred during a school year in
61	which such designation was in effect;
62	2.  The student has been in attendance elsewhere in the
63	public school system and has been assigned to such school for
64	the next school year; or
65	3.  The student is entering kindergarten or first grade and
66	has been notified that he or she the student has been assigned
67	to such school for the next school year.
68	(b)  The parent has obtained acceptance for admission of
69	the student to a private school eligible for the program
70	pursuant to subsection (4), and has notified the Department of
71	Education and the school district of the request for an
72	opportunity scholarship no later than July 1 of the first year
73	in which the student intends to use the scholarship.
74	(b)  The provisions of This section does shall not apply to
75	a student who is enrolled in a school operating for the purpose
76	of providing educational services to youth in Department of
77	Juvenile Justice commitment programs. For purposes of continuity
78	of educational choice, the opportunity scholarship shall remain
79	in force until the student graduates from high school returns to
80	a public school or, if the student chooses to attend a private
81	school the highest grade of which is grade 8, until the student
82	matriculates to high school and the public high school to which
83	the student is assigned is an accredited school with a
84	performance grade category designation of "C" or better.
85	However, at any time upon reasonable notice to the Department of
86	Education and the school district, the student's parent may
87	remove the student from the private school and place the student
88	in a public school, as provided in subparagraph (3)(a)2.
89	(3)  SCHOOL DISTRICT OBLIGATIONS.-
90	(a)  A school district shall, for each student enrolled in
91	or assigned to a school that has been designated as provided in
92	subsection (2) performance grade category "F" for 2 school years
93	in a 4-year period:
94	1.  Timely notify the parent of the student as soon as such
95	designation is made of all options available pursuant to this
96	section.
97	2.  Offer that student's parent an opportunity to enroll
98	the student in a the public school within the district that has
99	been designated by the state pursuant to s. 1008.34 as a school
100	performing higher than that in which the student is currently
101	enrolled or to which the student has been assigned, but not less
102	than performance grade category "C." The parent is not required
103	to accept this offer in lieu of requesting a state opportunity
104	scholarship to a private school. The student shall have the
105	opportunity to continue attendance in attending the higher-
106	performing higher performing public school feeder pattern shall
107	remain in force until the student graduates from high school.
108	(b)  The parent of a student enrolled in or assigned to a
109	school that has been designated as provided in subsection (2)
110	performance grade category "F" for 2 school years in a 4-year
111	period may choose as an alternative to subparagraph (a)2. to
112	enroll the student in and transport the student to a higher-
113	performing public school that has available space in any other
114	an adjacent school district in the state, and that school
115	district shall accept the student and report the student for
116	purposes of the district's funding pursuant to the Florida
117	Education Finance Program.
118	(c)  For students in the school district who are
119	participating in the state Opportunity Scholarship Program, the
120	school district shall provide locations and times to take all
121	statewide assessments required pursuant to s. 1008.22.
122	(d)  Students with disabilities who are eligible to receive
123	services from the school district under federal or state law,
124	and who participate in this program, remain eligible to receive
125	services from the school district as provided by federal or
126	state law.
127	(e)  If for any reason a qualified private school is not
128	available for the student or If the parent chooses to request
129	that the student be enrolled in a higher-performing the higher
130	performing public school in the school district, rather than
131	choosing to request the state opportunity scholarship,
132	transportation costs to the higher-performing higher performing
133	public school shall be the responsibility of the school
134	district. The district may utilize state categorical
135	transportation funds or state-appropriated public school choice
136	incentive funds for this purpose.
137	(4)  PRIVATE SCHOOL ELIGIBILITY.-To be eligible to
138	participate in the Opportunity Scholarship Program, a private
139	school must be a Florida private school, may be sectarian or
140	nonsectarian, and must:
141	(a)  Demonstrate fiscal soundness by being in operation for
142	1 school year or provide the Department of Education with a
143	statement by a certified public accountant confirming that the
144	private school desiring to participate is insured and the owner
145	or owners have sufficient capital or credit to operate the
146	school for the upcoming year serving the number of students
147	anticipated with expected revenues from tuition and other
148	sources that may be reasonably expected. In lieu of such a
149	statement, a surety bond or letter of credit for the amount
150	equal to the opportunity scholarship funds for any quarter may
151	be filed with the department.
152	(b)  Notify the Department of Education and the school
153	district in whose service area the school is located of its
154	intent to participate in the program under this section by May 1
155	of the school year preceding the school year in which it intends
156	to participate. The notice shall specify the grade levels and
157	services that the private school has available for the
158	Opportunity Scholarship Program.
159	(c)  Comply with the antidiscrimination provisions of 42
160	U.S.C. s. 2000d.
161	(d)  Meet state and local health and safety laws and codes.
162	(e)  Accept scholarship students on an entirely random and
163	religious-neutral basis without regard to the student's past
164	academic history; however, the private school may give
165	preference in accepting applications to siblings of students who
166	have already been accepted on a random and religious-neutral
167	basis.
168	(f)  Be subject to the instruction, curriculum, and
169	attendance criteria adopted by an appropriate nonpublic school
170	accrediting body and be academically accountable to the parent
171	for meeting the educational needs of the student. The private
172	school must furnish a school profile which includes student
173	performance.
174	(g)  Employ or contract with teachers who hold a
175	baccalaureate or higher degree, or have at least 3 years of
176	teaching experience in public or private schools, or have
177	special skills, knowledge, or expertise that qualifies them to
178	provide instruction in subjects taught.
179	(h)  Comply with all state statutes relating to private
180	schools.
181	(i)  Accept as full tuition and fees the amount provided by
182	the state for each student.
183	(j)  Agree not to compel any student attending the private
184	school on an opportunity scholarship to profess a specific
185	ideological belief, to pray, or to worship.
186	(k)  Adhere to the tenets of its published disciplinary
187	procedures prior to the expulsion of any opportunity scholarship
188	student.
189	(5)  OBLIGATION OF PROGRAM PARTICIPATION.-
190	(a)  Any student participating in the Opportunity
191	Scholarship Program must remain in attendance throughout the
192	school year, unless excused by the school for illness or other
193	good cause, and must comply fully with the school's code of
194	conduct.
195	(b)  The parent of each student participating in the
196	Opportunity Scholarship Program must comply fully with the
197	private school's parental involvement requirements, unless
198	excused by the school for illness or other good cause.
199	(c)  The parent shall ensure that the student participating
200	in the Opportunity Scholarship Program takes all statewide
201	assessments required pursuant to s. 1008.22.
202	(d)  A participant who fails to comply with this subsection
203	shall forfeit the opportunity scholarship.
204	(6)  OPPORTUNITY SCHOLARSHIP FUNDING AND PAYMENT.-
205	(a)  The maximum opportunity scholarship granted for an
206	eligible student shall be a calculated amount equivalent to the
207	base student allocation in the Florida Education Finance Program
208	multiplied by the appropriate cost factor for the educational
209	program that would have been provided for the student in the
210	district school to which he or she was assigned, multiplied by
211	the district cost differential. In addition, the calculated
212	amount shall include the per-student share of instructional
213	materials funds, technology funds, and other categorical funds
214	as provided for this purpose in the General Appropriations Act.
215	(b)  The amount of the opportunity scholarship shall be the
216	calculated amount or the amount of the private school's tuition
217	and fees, whichever is less. Fees eligible shall include
218	textbook fees, lab fees, and other fees related to instruction,
219	including transportation.
220	(c)  The school district shall report all students who are
221	attending a private school under this program. The students
222	attending private schools on opportunity scholarships shall be
223	reported separately from those students reported for purposes of
224	the Florida Education Finance Program.
225	(d)  The public or private school that provides services to
226	students with disabilities shall receive the weighted funding
227	for such services at the appropriate funding level consistent
228	with the provisions of s. 1011.62(1)(e).
229	(e)  For purposes of calculating the opportunity
230	scholarship, a student will be eligible for the amount of the
231	appropriate basic cost factor if:
232	1.  The student currently participates in a Group I program
233	funded at the basic cost factor and is not subsequently
234	identified as having a disability; or
235	2.  The student currently participates in a Group II
236	program and the parent has chosen a private school that does not
237	provide the additional services funded by the Group II program.
238	(f)  Following annual notification on July 1 of the number
239	of participants, the Department of Education shall transfer from
240	each school district's appropriated funds the calculated amount
241	from the Florida Education Finance Program and authorized
242	categorical accounts to a separate account for the Opportunity
243	Scholarship Program for quarterly disbursement to the parents of
244	participating students.
245	(g)  Upon proper documentation reviewed and approved by the
246	Department of Education, the Chief Financial Officer shall make
247	opportunity scholarship payments in four equal amounts no later
248	than September 1, November 1, February 1, and April 1 of each
249	academic year in which the opportunity scholarship is in force.
250	The initial payment shall be made after Department of Education
251	verification of admission acceptance, and subsequent payments
252	shall be made upon verification of continued enrollment and
253	attendance at the private school. Payment must be by individual
254	warrant made payable to the student's parent and mailed by the
255	Department of Education to the private school of the parent's
256	choice, and the parent shall restrictively endorse the warrant
257	to the private school.
258	(7)  LIABILITY.-No liability shall arise on the part of the
259	state based on any grant or use of an opportunity scholarship.
260	(4)(8)  RULES.-The State Board of Education may adopt rules
261	pursuant to ss. 120.536(1) and 120.54 to implement the
262	provisions of this section. Rules shall include penalties for
263	noncompliance with subsections (3) and (5). However, the
264	inclusion of eligible private schools within options available
265	to Florida public school students does not expand the regulatory
266	authority of the state, its officers, or any school district to
267	impose any additional regulation of private schools beyond those
268	reasonably necessary to enforce requirements expressly set forth
269	in this section.
270	Section 2.  Subsection (20) of section 1001.42, Florida
271	Statutes, is amended to read:
272	1001.42  Powers and duties of district school board.-The
273	district school board, acting as a board, shall exercise all
274	powers and perform all duties listed below:
275	(20)  OPPORTUNITY SCHOLARSHIPS.-Adopt policies allowing
276	students attending schools that have been designated with a
277	grade of "D" for 2 school years in a 4-year period or "F," for 1
278	school year in a 2-year period pursuant to s. 1008.34 and that
279	are in one of the two lowest-performing categories pursuant to
280	s. 1008.33 failing to make adequate progress, for 2 school years
281	in a 4-year period to attend a higher-performing higher
282	performing school in the district or any other an adjoining
283	district in the state or be granted a state opportunity
284	scholarship to a private school, in conformance with s. 1002.38
285	and State Board of Education rule.
286	Section 3.  Paragraph (b) of subsection (6) of section
287	1002.20, Florida Statutes, is amended to read:
288	1002.20  K-12 student and parent rights.-Parents of public
289	school students must receive accurate and timely information
290	regarding their child's academic progress and must be informed
291	of ways they can help their child to succeed in school. K-12
292	students and their parents are afforded numerous statutory
293	rights including, but not limited to, the following:
294	(6)  EDUCATIONAL CHOICE.-
295	(b)  Private school choices.-Parents of public school
296	students may seek private school choice options under certain
297	programs.
298	1.  Under the Opportunity Scholarship Program, the parent
299	of a student in a failing public school may request and receive
300	an opportunity scholarship for the student to attend a private
301	school in accordance with the provisions of s. 1002.38.
302	1.2.  Under the McKay Scholarships for Students with
303	Disabilities Program, the parent of a public school student with
304	a disability who is dissatisfied with the student's progress may
305	request and receive a McKay Scholarship for the student to
306	attend a private school in accordance with the provisions of s.
307	1002.39.
308	2.3.  Under the Florida Tax Credit Scholarship Program, the
309	parent of a student who qualifies for free or reduced-price
310	school lunch may seek a scholarship from an eligible nonprofit
311	scholarship-funding organization in accordance with the
312	provisions of s. 1002.395.
313	Section 4.  This act shall take effect July 1, 2011.

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