Florida Senate - 2011 SB 1656
By Senator Wise
5-01015A-11 20111656__
1 A bill to be entitled
2 An act relating to the John M. McKay Scholarships for
3 Students with Disabilities Program; amending s.
4 1002.39, F.S.; making scholarships available to
5 students with disabilities who have a 504
6 accommodation plan issued under s. 504 of the federal
7 Rehabilitation Act or a Tier 3 Response to
8 Intervention plan developed by the public school of
9 attendance and consistent with rules of the State
10 Board of Education; allowing a parent to request and
11 receive a scholarship for a student to enroll and
12 attend a private school if the student has a 504
13 accommodation plan; providing that a student is
14 ineligible for a scholarship if a temporary 504
15 accommodation plan is valid for 6 months or less or if
16 a Tier 3 Response to Intervention plan is issued for
17 less than 90 days; requiring that the school district
18 notify a parent of available options within 10 days
19 after a 504 accommodation plan is issued and 90 days
20 after a Tier 3 Response to Intervention plan is
21 developed; providing that a parent may choose to
22 enroll the student in a public school in an adjacent
23 district under certain conditions; providing for
24 scholarship amounts when a student is eligible for
25 scholarship funds under s. 504 of the federal
26 Rehabilitation Act or a Tier 3 Response to
27 Intervention plan; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Subsection (1), paragraph (a) of subsection (2),
32 subsection (3), paragraphs (a) and (e) of subsection (5), and
33 paragraph (a) of subsection (10) of section 1002.39, Florida
34 Statutes, are amended to read:
35 1002.39 The John M. McKay Scholarships for Students with
36 Disabilities Program.—There is established a program that is
37 separate and distinct from the Opportunity Scholarship Program
38 and is named the John M. McKay Scholarships for Students with
39 Disabilities Program.
40 (1) THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
41 DISABILITIES PROGRAM.—The John M. McKay Scholarships for
42 Students with Disabilities Program is established to provide the
43 option to attend a public school other than the one to which
44 assigned, or to provide a scholarship to a private school of
45 choice, for students with disabilities for whom:
46 (a) An individual educational plan has been written in
47 accordance with rules of the State Board of Education;
48 (b) A 504 accommodation plan has been issued under s. 504
49 of the Rehabilitation Act of 1973; or
50 (c) A Tier 3 Response to Intervention plan has been
51 developed by the public school of attendance which implements
52 interventions to meet the individual needs of the student
53 pursuant to state board rule.
54
55 Students with disabilities include K-12 students who are
56 documented as having an intellectual disability; a speech
57 impairment; a language impairment; a hearing impairment,
58 including deafness; a visual impairment, including blindness; a
59 dual sensory impairment; an orthopedic impairment; an other
60 health impairment; an emotional or behavioral disability; a
61 specific learning disability, including, but not limited to,
62 dyslexia, dyscalculia, or developmental aphasia; a traumatic
63 brain injury; a developmental delay; or autism spectrum
64 disorder.
65 (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a
66 student with a disability may request and receive from the state
67 a John M. McKay Scholarship for the child to enroll in and
68 attend a private school in accordance with this section if:
69 (a) The student has:
70 1. Received specialized instructional services under the
71 Voluntary Prekindergarten Education Program pursuant to s.
72 1002.66 during the previous school year and the student has a
73 current individual educational plan developed by the local
74 school board in accordance with rules of the State Board of
75 Education for the John M. McKay Scholarships for Students with
76 Disabilities Program or a 504 accommodation plan has been issued
77 under s. 504 of the Rehabilitation Act of 1973;
78 2. Spent the prior school year in attendance at a Florida
79 public school or the Florida School for the Deaf and the Blind.
80 For purposes of this subparagraph, prior school year in
81 attendance means that the student was enrolled and reported by:
82 a. A school district for funding during the preceding
83 October and February Florida Education Finance Program surveys
84 in kindergarten through grade 12, which includes time spent in a
85 Department of Juvenile Justice commitment program if funded
86 under the Florida Education Finance Program;
87 b. The Florida School for the Deaf and the Blind during the
88 preceding October and February student membership surveys in
89 kindergarten through grade 12; or
90 c. A school district for funding during the preceding
91 October and February Florida Education Finance Program surveys,
92 was at least 4 years of age when so enrolled and reported, and
93 was eligible for services under s. 1003.21(1)(e); or
94 3. Been enrolled and reported by a school district for
95 funding, during the October and February Florida Education
96 Finance Program surveys, in any of the 5 years prior to the
97 2010-2011 fiscal year; has a current individualized educational
98 plan developed by the district school board in accordance with
99 rules of the State Board of Education for the John M. McKay
100 Scholarship Program no later than June 30, 2011; and receives a
101 first-time John M. McKay scholarship for the 2011-2012 school
102 year. Upon request of the parent, the local school district
103 shall complete a matrix of services as required in subparagraph
104 (5)(b)1. for a student requesting a current individualized
105 educational plan in accordance with the provisions of this
106 subparagraph.
107
108 However, a dependent child of a member of the United States
109 Armed Forces who transfers to a school in this state from out of
110 state or from a foreign country due to a parent’s permanent
111 change of station orders is exempt from this paragraph but must
112 meet all other eligibility requirements to participate in the
113 program.
114 (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.—A student is
115 not eligible for a John M. McKay Scholarship while he or she is:
116 (a) While he or she is enrolled in a school operating for
117 the purpose of providing educational services to youth in
118 Department of Juvenile Justice commitment programs;
119 (b) While he or she is receiving a Florida tax credit
120 scholarship under s. 1002.395;
121 (c) While he or she is receiving an educational scholarship
122 pursuant to this chapter;
123 (d) While he or she is participating in a home education
124 program as defined in s. 1002.01(1);
125 (e) While he or she is participating in a private tutoring
126 program pursuant to s. 1002.43;
127 (f) While he or she is participating in a virtual school,
128 correspondence school, or distance learning program that
129 receives state funding pursuant to the student’s participation
130 unless the participation is limited to no more than two courses
131 per school year;
132 (g) While he or she is enrolled in the Florida School for
133 the Deaf and the Blind; or
134 (h) While he or she is not having regular and direct
135 contact with his or her private school teachers at the school’s
136 physical location;.
137 (i) If he or she has been issued a temporary 504
138 accommodation plan under s. 504 of the Rehabilitation Act of
139 1973 which is valid for 6 months or less; or
140 (j) If he or she has been issued a Tier 3 Response to
141 Intervention plan by the public school of attendance pursuant to
142 state board rule for less than 90 days.
143 (5) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
144 (a)1. By April 1 of each year and within 10 days after an
145 individual education plan meeting, A school district shall
146 notify the parent of the student of all options available
147 pursuant to this section, inform the parent of the availability
148 of the department’s telephone hotline and Internet website for
149 additional information on John M. McKay Scholarships, and offer
150 that student’s parent an opportunity to enroll the student in
151 another public school in within the district by April 1 of each
152 year and within:
153 a. Ten days after the individual education plan meeting;
154 b. Ten days after a 504 accommodation plan is issued under
155 s. 504 of the Rehabilitation Act of 1973; or
156 c. Ninety days after a Tier 3 Response to Intervention plan
157 is developed by the public school of attendance which implements
158 interventions to meet the individual needs of the student
159 pursuant to state board rule.
160 2. The parent is not required to accept the offer of
161 enrolling in another public school in lieu of requesting a John
162 M. McKay Scholarship to a private school. However, if the parent
163 chooses the public school option, the student may continue
164 attending a public school chosen by the parent until the student
165 graduates from high school.
166 3. If the parent chooses a public school consistent with
167 the district school board’s choice plan under s. 1002.31, the
168 school district shall provide transportation to the public
169 school selected by the parent. The parent is responsible to
170 provide transportation to a public school chosen that is not
171 consistent with the district school board’s choice plan under s.
172 1002.31.
173 (e) The parent of a student may choose, as an alternative,
174 to enroll the student in and transport the student to a public
175 school in an adjacent school district which has available space
176 and has a program with the services agreed to in the student’s
177 individual education plan, 504 accommodation plan, or Tier 3
178 Response to Intervention plan pursuant to state board rule
179 already in place, and that school district shall accept the
180 student and report the student for purposes of the district’s
181 funding pursuant to the Florida Education Finance Program.
182 (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.—
183 (a)1. The maximum scholarship granted for an eligible
184 student with disabilities shall be equivalent to the base
185 student allocation in the Florida Education Finance Program
186 multiplied by the appropriate cost factor for the educational
187 program that would have been provided for the student in the
188 district school to which he or she was assigned, multiplied by
189 the district cost differential.
190 2. In addition, a share of the guaranteed allocation for
191 exceptional students shall be determined and added to the amount
192 in subparagraph 1. The calculation shall be based on the
193 methodology and the data used to calculate the guaranteed
194 allocation for exceptional students for each district in chapter
195 2000-166, Laws of Florida. Except as provided in subparagraphs
196 3. and 4., the calculation shall be based on the student’s
197 grade, matrix level of services, and the difference between the
198 2000-2001 basic program and the appropriate level of services
199 cost factor, multiplied by the 2000-2001 base student allocation
200 and the 2000-2001 district cost differential for the sending
201 district. The calculated amount shall include the per-student
202 share of supplemental academic instruction funds, instructional
203 materials funds, technology funds, and other categorical funds
204 as provided in the General Appropriations Act.
205 3. The scholarship amount for a student who is eligible
206 under sub-subparagraph (2)(a)2.b. shall be calculated as
207 provided in subparagraphs 1. and 2. However, the calculation
208 shall be based on the school district in which the parent
209 resides at the time of the scholarship request.
210 4. Until the school district completes the matrix required
211 by paragraph (5)(b), the calculation shall be based on the
212 matrix that assigns the student to support level I of service as
213 it existed prior to the 2000-2001 school year. When the school
214 district completes the matrix, the amount of the payment shall
215 be adjusted as needed.
216 5. The scholarship amount for a student eligible under s.
217 504 of the Rehabilitation Act of 1973 shall be based on the
218 matrix that assigns the student to support level I of service as
219 it existed prior to the 2000-2001 school year.
220 6. The scholarship amount for a student eligible under a
221 Tier 3 Response to Intervention plan pursuant to state board
222 rule shall be based on the matrix that assigns the student to
223 support level I of service as it existed prior to the 2000-2001
224 school year.
225 Section 2. This act shall take effect July 1, 2011.