Florida Senate - 2011                             CS for SB 1656
       
       
       
       By the Committee on Education Pre-K - 12; and Senator Wise
       
       
       
       
       581-04585-11                                          20111656c1
    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; allowing a parent to request and
    8         receive a scholarship for a student to enroll in and
    9         attend a private school if the student has a 504
   10         accommodation plan; providing that students with
   11         certain temporary 504 accommodation plans are
   12         ineligible for a scholarship; requiring that the
   13         school district notify a parent of available options
   14         within 10 days after a 504 accommodation plan is
   15         issued; providing that a parent may choose to enroll
   16         the student in a public school in an adjacent district
   17         under certain conditions; providing for scholarship
   18         amounts; providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (1), paragraph (a) of subsection (2),
   23  subsection (3), paragraphs (a) and (e) of subsection (5), and
   24  paragraph (a) of subsection (10) of section 1002.39, Florida
   25  Statutes, are amended to read:
   26         1002.39 The John M. McKay Scholarships for Students with
   27  Disabilities Program.—There is established a program that is
   28  separate and distinct from the Opportunity Scholarship Program
   29  and is named the John M. McKay Scholarships for Students with
   30  Disabilities Program.
   31         (1) THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
   32  DISABILITIES PROGRAM.—The John M. McKay Scholarships for
   33  Students with Disabilities Program is established to provide the
   34  option to attend a public school other than the one to which
   35  assigned, or to provide a scholarship to a private school of
   36  choice, for students with disabilities for whom:
   37         (a) An individual educational plan has been written in
   38  accordance with rules of the State Board of Education; or
   39         (b) A 504 accommodation plan has been issued under s. 504
   40  of the Rehabilitation Act of 1973.
   41  
   42  Students with disabilities include K-12 students who are
   43  documented as having an intellectual disability; a speech
   44  impairment; a language impairment; a hearing impairment,
   45  including deafness; a visual impairment, including blindness; a
   46  dual sensory impairment; an orthopedic impairment; an other
   47  health impairment; an emotional or behavioral disability; a
   48  specific learning disability, including, but not limited to,
   49  dyslexia, dyscalculia, or developmental aphasia; a traumatic
   50  brain injury; a developmental delay; or autism spectrum
   51  disorder.
   52         (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a
   53  student with a disability may request and receive from the state
   54  a John M. McKay Scholarship for the child to enroll in and
   55  attend a private school in accordance with this section if:
   56         (a) The student has:
   57         1. Received specialized instructional services under the
   58  Voluntary Prekindergarten Education Program pursuant to s.
   59  1002.66 during the previous school year and the student has a
   60  current individual educational plan developed by the local
   61  school board in accordance with rules of the State Board of
   62  Education for the John M. McKay Scholarships for Students with
   63  Disabilities Program or a 504 accommodation plan has been issued
   64  under s. 504 of the Rehabilitation Act of 1973;
   65         2. Spent the prior school year in attendance at a Florida
   66  public school or the Florida School for the Deaf and the Blind.
   67  For purposes of this subparagraph, prior school year in
   68  attendance means that the student was enrolled and reported by:
   69         a. A school district for funding during the preceding
   70  October and February Florida Education Finance Program surveys
   71  in kindergarten through grade 12, which includes time spent in a
   72  Department of Juvenile Justice commitment program if funded
   73  under the Florida Education Finance Program;
   74         b. The Florida School for the Deaf and the Blind during the
   75  preceding October and February student membership surveys in
   76  kindergarten through grade 12; or
   77         c. A school district for funding during the preceding
   78  October and February Florida Education Finance Program surveys,
   79  was at least 4 years of age when so enrolled and reported, and
   80  was eligible for services under s. 1003.21(1)(e); or
   81         3. Been enrolled and reported by a school district for
   82  funding, during the October and February Florida Education
   83  Finance Program surveys, in any of the 5 years prior to the
   84  2010-2011 fiscal year; has a current individualized educational
   85  plan developed by the district school board in accordance with
   86  rules of the State Board of Education for the John M. McKay
   87  Scholarship Program no later than June 30, 2011; and receives a
   88  first-time John M. McKay scholarship for the 2011-2012 school
   89  year. Upon request of the parent, the local school district
   90  shall complete a matrix of services as required in subparagraph
   91  (5)(b)1. for a student requesting a current individualized
   92  educational plan in accordance with the provisions of this
   93  subparagraph.
   94  
   95  However, a dependent child of a member of the United States
   96  Armed Forces who transfers to a school in this state from out of
   97  state or from a foreign country due to a parent’s permanent
   98  change of station orders is exempt from this paragraph but must
   99  meet all other eligibility requirements to participate in the
  100  program.
  101         (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.—A student is
  102  not eligible for a John M. McKay Scholarship while he or she is:
  103         (a) While he or she is enrolled in a school operating for
  104  the purpose of providing educational services to youth in
  105  Department of Juvenile Justice commitment programs;
  106         (b) While he or she is receiving a Florida tax credit
  107  scholarship under s. 1002.395;
  108         (c) While he or she is receiving an educational scholarship
  109  pursuant to this chapter;
  110         (d) While he or she is participating in a home education
  111  program as defined in s. 1002.01(1);
  112         (e) While he or she is participating in a private tutoring
  113  program pursuant to s. 1002.43;
  114         (f) While he or she is participating in a virtual school,
  115  correspondence school, or distance learning program that
  116  receives state funding pursuant to the student’s participation
  117  unless the participation is limited to no more than two courses
  118  per school year;
  119         (g) While he or she is enrolled in the Florida School for
  120  the Deaf and the Blind; or
  121         (h) While he or she is not having regular and direct
  122  contact with his or her private school teachers at the school’s
  123  physical location; or
  124         (i) If he or she has been issued a temporary 504
  125  accommodation plan under s. 504 of the Rehabilitation Act of
  126  1973 which is valid for 6 months or less.
  127         (5) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
  128         (a)1. By April 1 of each year and within 10 days after an
  129  individual education plan meeting or a 504 accommodation plan is
  130  issued under s. 504 of the Rehabilitation Act of 1973, a school
  131  district shall notify the parent of the student of all options
  132  available pursuant to this section, inform the parent of the
  133  availability of the department’s telephone hotline and Internet
  134  website for additional information on John M. McKay
  135  Scholarships, and offer that student’s parent an opportunity to
  136  enroll the student in another public school in within the
  137  district.
  138         2. The parent is not required to accept the offer of
  139  enrolling in another public school in lieu of requesting a John
  140  M. McKay Scholarship to a private school. However, if the parent
  141  chooses the public school option, the student may continue
  142  attending a public school chosen by the parent until the student
  143  graduates from high school.
  144         3. If the parent chooses a public school consistent with
  145  the district school board’s choice plan under s. 1002.31, the
  146  school district shall provide transportation to the public
  147  school selected by the parent. The parent is responsible to
  148  provide transportation to a public school chosen that is not
  149  consistent with the district school board’s choice plan under s.
  150  1002.31.
  151         (e) The parent of a student may choose, as an alternative,
  152  to enroll the student in and transport the student to a public
  153  school in an adjacent school district which has available space
  154  and has a program with the services agreed to in the student’s
  155  individual education plan or 504 accommodation plan already in
  156  place, and that school district shall accept the student and
  157  report the student for purposes of the district’s funding
  158  pursuant to the Florida Education Finance Program.
  159         (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.—
  160         (a)1. The maximum scholarship granted for an eligible
  161  student with disabilities shall be equivalent to the base
  162  student allocation in the Florida Education Finance Program
  163  multiplied by the appropriate cost factor for the educational
  164  program that would have been provided for the student in the
  165  district school to which he or she was assigned, multiplied by
  166  the district cost differential.
  167         2. In addition, a share of the guaranteed allocation for
  168  exceptional students shall be determined and added to the amount
  169  in subparagraph 1. The calculation shall be based on the
  170  methodology and the data used to calculate the guaranteed
  171  allocation for exceptional students for each district in chapter
  172  2000-166, Laws of Florida. Except as provided in subparagraphs
  173  3. and 4., the calculation shall be based on the student’s
  174  grade, matrix level of services, and the difference between the
  175  2000-2001 basic program and the appropriate level of services
  176  cost factor, multiplied by the 2000-2001 base student allocation
  177  and the 2000-2001 district cost differential for the sending
  178  district. The calculated amount shall include the per-student
  179  share of supplemental academic instruction funds, instructional
  180  materials funds, technology funds, and other categorical funds
  181  as provided in the General Appropriations Act.
  182         3. The scholarship amount for a student who is eligible
  183  under sub-subparagraph (2)(a)2.b. shall be calculated as
  184  provided in subparagraphs 1. and 2. However, the calculation
  185  shall be based on the school district in which the parent
  186  resides at the time of the scholarship request.
  187         4. Until the school district completes the matrix required
  188  by paragraph (5)(b), the calculation shall be based on the
  189  matrix that assigns the student to support level I of service as
  190  it existed prior to the 2000-2001 school year. When the school
  191  district completes the matrix, the amount of the payment shall
  192  be adjusted as needed.
  193         5. The scholarship amount for a student eligible under s.
  194  504 of the Rehabilitation Act of 1973 shall be based on the
  195  program cost factor the student currently generates through the
  196  Florida Education Finance Program.
  197         Section 2. This act shall take effect July 1, 2011.