Florida Senate - 2011 SB 1822
By Senator Benacquisto
27-01488-11 20111822__
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
6 authorize an opportunity scholarship for attendance at
7 a private school; requiring that an opportunity
8 scholarship remain in force until the student
9 graduates from high school; revising school district
10 obligations and deleting provisions relating to
11 private schools to conform to changes made by the act;
12 amending ss. 1001.42 and 1002.20, F.S.; conforming
13 provisions to changes made by the act; deleting an
14 obsolete provision relating to the John M. McKay
15 Scholarships for Students with Disabilities Program;
16 providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 1002.38, Florida Statutes, is amended to
21 read:
22 1002.38 Opportunity Scholarship Program.—
23 (1) FINDINGS AND INTENT.—The purpose of this section is to
24 provide enhanced opportunity for students in this state to gain
25 the knowledge and skills necessary for postsecondary education,
26 a career education, or the world of work. The Legislature
27 recognizes that the voters of the State of Florida, in the
28 November 1998 general election, amended s. 1, Art. IX of the
29 Florida Constitution so as to make education a paramount duty of
30 the state. The Legislature finds that the State Constitution
31 requires the state to provide a uniform, safe, secure,
32 efficient, and high-quality system which allows the opportunity
33 to obtain a high-quality education. The Legislature further
34 finds that a student should not be compelled, against the wishes
35 of the student’s parent, to remain in a school found by the
36 state to be failing for 2 years in a 4-year period. The
37 Legislature shall make available opportunity scholarships in
38 order to give parents the opportunity for their children to
39 attend a public school that is performing satisfactorily or to
40 attend an eligible private school when the parent chooses to
41 apply the equivalent of the public education funds generated by
42 his or her child to the cost of tuition in the eligible private
43 school as provided in paragraph (6)(a). Eligibility of a private
44 school shall include the control and accountability requirements
45 that, coupled with the exercise of parental choice, are
46 reasonably necessary to secure the educational public purpose,
47 as delineated in subsection (4).
48 (2) OPPORTUNITY SCHOLARSHIP ELIGIBILITY.—
49 (a) A public school student’s parent may request and
50 receive from the state an opportunity scholarship for the
51 student to enroll in and attend a public private school in
52 accordance with the provisions of this section if:
53 (a)1. By assigned school attendance area or by special
54 assignment, the student has spent the prior school year in
55 attendance at a public school that has been designated pursuant
56 to s. 1008.34 as performance grade category “D” or “F,” failing
57 to make adequate progress, and that is in one of the two lowest
58 performing categories pursuant to s. 1008.33 has had 2 school
59 years in a 4-year period of such low performance, and the
60 student’s attendance occurred during a school year in which such
61 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 the
69 student to a private school eligible for the program pursuant to
70 subsection (4), and has notified the Department of Education and
71 the school district of the request for an opportunity
72 scholarship no later than July 1 of the first year in which the
73 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 the
98 student in a the public school within the district that has been
99 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 program
236 and the parent has chosen a private school that does not provide
237 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” or “F,” pursuant to s. 1008.34 and that are in one
278 of the two lowest-performing categories pursuant to s. 1008.33
279 failing to make adequate progress, for 2 school years in a 4
280 year period to attend a higher-performing higher performing
281 school in the district or any other an adjoining district in the
282 state or be granted a state opportunity scholarship to a private
283 school, in conformance with s. 1002.38 and State Board of
284 Education rule.
285 Section 3. Paragraph (b) of subsection (6) of section
286 1002.20, Florida Statutes, is amended to read:
287 1002.20 K-12 student and parent rights.—Parents of public
288 school students must receive accurate and timely information
289 regarding their child’s academic progress and must be informed
290 of ways they can help their child to succeed in school. K-12
291 students and their parents are afforded numerous statutory
292 rights including, but not limited to, the following:
293 (6) EDUCATIONAL CHOICE.—
294 (b) Private school choices.—Parents of public school
295 students may seek private school choice options under certain
296 programs.
297 1. Under the Opportunity Scholarship Program, the parent of
298 a student in a failing public school may request and receive an
299 opportunity scholarship for the student to attend a private
300 school in accordance with the provisions of s. 1002.38.
301 1.2. Under the McKay Scholarships for Students with
302 Disabilities Program, the parent of a public school student with
303 a disability who is dissatisfied with the student’s progress may
304 request and receive a McKay Scholarship for the student to
305 attend a private school in accordance with the provisions of s.
306 1002.39.
307 2.3. Under the Florida Tax Credit Scholarship Program, the
308 parent of a student who qualifies for free or reduced-price
309 school lunch may seek a scholarship from an eligible nonprofit
310 scholarship-funding organization in accordance with the
311 provisions of s. 1002.395.
312 Section 4. This act shall take effect July 1, 2011.