Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for HB 7055
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Appropriations (Baxley) recommended the
    1         Senate Amendment to Amendment (240726) (with title
    2  amendment)
    4         Delete lines 757 - 861
    5  and insert:
    6         Section 13. Section 1002.39, Florida Statutes, is amended
    7  to read:
    8         1002.39 The John M. McKay Scholarships for Students with
    9  Disabilities Program.—There is established a program that is
   10  separate and distinct from the Opportunity Scholarship Program
   11  and is named the John M. McKay Scholarships for Students with
   12  Disabilities Program.
   14  DISABILITIES PROGRAM.—The John M. McKay Scholarships for
   15  Students with Disabilities Program is established to provide the
   16  option to attend a public school other than the one to which
   17  assigned, or to provide a scholarship to a private school of
   18  choice, for students with disabilities for whom:
   19         (a) An individual educational plan has been written in
   20  accordance with rules of the State Board of Education; or
   21         (b) A 504 accommodation plan has been issued under s. 504
   22  of the Rehabilitation Act of 1973; or
   23         (c)A written diagnosis of a disability, as defined in this
   24  section, has been received from a physician licensed under
   25  chapter 458 or chapter 459 or a psychologist licensed under
   26  chapter 490.
   28  Students with disabilities include K-12 students who are
   29  documented as having an intellectual disability; a speech
   30  impairment; a language impairment; a hearing impairment,
   31  including deafness; a visual impairment, including blindness; a
   32  dual sensory impairment; an orthopedic impairment; an other
   33  health impairment; an emotional or behavioral disability; a
   34  specific learning disability, including, but not limited to,
   35  dyslexia, dyscalculia, or developmental aphasia; a traumatic
   36  brain injury; a developmental delay; or autism spectrum
   37  disorder.
   38         (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a
   39  student with a disability may request and receive from the state
   40  a John M. McKay Scholarship for the child to enroll in and
   41  attend a private school in accordance with this section if:
   42         (a) The student has:
   43         1. Has received specialized instructional services under
   44  the Voluntary Prekindergarten Education Program pursuant to s.
   45  1002.66 during the previous school year and the student has a
   46  current individual educational plan developed by the local
   47  school board in accordance with rules of the State Board of
   48  Education for the John M. McKay Scholarships for Students with
   49  Disabilities Program or a 504 accommodation plan has been issued
   50  under s. 504 of the Rehabilitation Act of 1973; or
   51         2. Spent the prior school year in attendance at a Florida
   52  public school or the Florida School for the Deaf and the Blind.
   53  For purposes of this subparagraph, prior school year in
   54  attendance means that the student Was enrolled and reported for
   55  funding in the October or February Florida Education Finance
   56  Program survey immediately preceding the request to participate
   57  in the program pursuant to paragraph (b) by:
   58         a. A school district, for funding during the preceding
   59  October and February Florida Education Finance Program surveys
   60  in kindergarten through grade 12, which includes time spent in a
   61  Department of Juvenile Justice commitment program if funded
   62  under the Florida Education Finance Program;
   63         b. The Florida School for the Deaf and the Blind, during
   64  the preceding October and February student membership surveys in
   65  kindergarten through grade 12; or
   66         c. A school district for funding during the preceding
   67  October and February Florida Education Finance Program surveys,
   68  was at least 4 years of age when so enrolled and reported, and
   69  was eligible for services under s. 1003.21(1)(e).
   71  However, a dependent child of a member of the United States
   72  Armed Forces who transfers to a school in this state from out of
   73  state or from a foreign country due to a parent’s permanent
   74  change of station orders or a foster child is exempt from this
   75  paragraph but must meet all other eligibility requirements to
   76  participate in the program.
   77         (b) The parent has obtained acceptance for admission of the
   78  student to a private school that is eligible for the program
   79  under subsection (8) and has requested from the department a
   80  scholarship at least 60 days before the date of the first
   81  scholarship payment. The request must be communicated directly
   82  to the department in a manner that creates a written or
   83  electronic record of the request and the date of receipt of the
   84  request. The department must notify the district of the parent’s
   85  intent upon receipt of the parent’s request.
   86         (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.—A student is
   87  not eligible for a John M. McKay Scholarship:
   88         (a) While he or she is enrolled in a school operating for
   89  the purpose of providing educational services to youth in
   90  Department of Juvenile Justice commitment programs;
   91         (b) While he or she is receiving a Florida tax credit
   92  scholarship under s. 1002.395;
   93         (c) While he or she is receiving an educational scholarship
   94  pursuant to this chapter;
   95         (d) While he or she is participating in a home education
   96  program as defined in s. 1002.01(1);
   97         (e)While he or she is participating in a private tutoring
   98  program pursuant to s. 1002.43;
   99         (e)(f) While he or she is participating in a virtual
  100  school, correspondence school, or distance learning program that
  101  receives state funding pursuant to the student’s participation
  102  unless the participation is limited to no more than two courses
  103  per school year;
  104         (f)(g) While he or she is enrolled in the Florida School
  105  for the Deaf and the Blind;
  106         (g)(h) While he or she is not having regular and direct
  107  contact with his or her private school teachers at the school’s
  108  physical location unless he or she is enrolled in the private
  109  school’s transition-to-work program pursuant to subsection (10);
  110  or
  111         (h)(i) If he or she has been issued a temporary 504
  112  accommodation plan under s. 504 of the Rehabilitation Act of
  113  1973 which is valid for 6 months or less.
  115         (a) For purposes of continuity of educational choice, a
  116  John M. McKay Scholarship shall remain in force until the
  117  student returns to a public school, graduates from high school,
  118  or reaches the age of 22, whichever occurs first. A scholarship
  119  student who enrolls in a public school or public school program
  120  is considered to have returned to a public school for the
  121  purpose of determining the end of the scholarship’s term.
  122  However, if a student enters a Department of Juvenile Justice
  123  detention center for a period of no more than 21 days, the
  124  student is not considered to have returned to a public school
  125  for that purpose.
  126         (b) Upon reasonable notice to the department and the school
  127  district, the student’s parent may remove the student from the
  128  private school and place the student in a public school in
  129  accordance with this section.
  130         (c) Upon reasonable notice to the department, the student’s
  131  parent may move the student from one participating private
  132  school to another participating private school.
  134         (a)1. By April 1 of each year and within 10 days after an
  135  individual education plan meeting or a 504 accommodation plan is
  136  issued under s. 504 of the Rehabilitation Act of 1973, a school
  137  district shall notify the parent of the student of all options
  138  available pursuant to this section, inform the parent of the
  139  availability of the department’s telephone hotline and Internet
  140  website for additional information on John M. McKay
  141  Scholarships, and offer that student’s parent an opportunity to
  142  enroll the student in another public school in the district.
  143         2. The parent is not required to accept the offer of
  144  enrolling in another public school in lieu of requesting a John
  145  M. McKay Scholarship to a private school. However, if the parent
  146  chooses the public school option, the student may continue
  147  attending a public school chosen by the parent until the student
  148  graduates from high school.
  149         3. If the parent chooses a public school consistent with
  150  the district school board’s choice plan under s. 1002.31, the
  151  school district shall provide transportation to the public
  152  school selected by the parent. The parent is responsible to
  153  provide transportation to a public school chosen that is not
  154  consistent with the district school board’s choice plan under s.
  155  1002.31.
  156         (b)1. For a student with disabilities who does not have a
  157  matrix of services under s. 1011.62(1)(e), the school district
  158  must complete a matrix that assigns the student to one of the
  159  levels of service as they existed prior to the 2000-2001 school
  160  year.
  161         2.a. Within 10 school days after it receives notification
  162  of a parent’s request for a John M. McKay Scholarship, a school
  163  district must notify the student’s parent if the matrix of
  164  services has not been completed and inform the parent that the
  165  district is required to complete the matrix within 30 days after
  166  receiving notice of the parent’s request for a John M. McKay
  167  Scholarship. This notice should include the required completion
  168  date for the matrix.
  169         b. The school district must complete the matrix of services
  170  for any student who is participating in the John M. McKay
  171  Scholarships for Students with Disabilities Program and must
  172  notify the department of the student’s matrix level within 30
  173  days after receiving notification of a request to participate in
  174  the scholarship program. The school district must provide the
  175  student’s parent with the student’s matrix level within 10
  176  school days after its completion.
  177         c. The department shall notify the private school of the
  178  amount of the scholarship within 10 days after receiving the
  179  school district’s notification of the student’s matrix level.
  180         d. A school district may change a matrix of services only
  181  if the change is to correct a technical, typographical, or
  182  calculation error.
  183         (c)If a school district receives a physician’s written
  184  diagnosis pursuant to paragraph (1)(c) from the parent, the
  185  school district must notify the department of its receipt of
  186  such documentation immediately after receiving notice of the
  187  parent’s request for a John M. McKay Scholarship.
  188         (d)(c) A school district shall provide notification to
  189  parents of the availability of a reevaluation at least every 3
  190  years of each student who receives a John M. McKay Scholarship.
  191         (e)(d) If the parent chooses the private school option and
  192  the student is accepted by the private school pending the
  193  availability of a space for the student, the parent of the
  194  student must notify the department 60 days prior to the first
  195  scholarship payment and before entering the private school in
  196  order to be eligible for the scholarship when a space becomes
  197  available for the student in the private school.
  198         (f)(e) The parent of a student may choose, as an
  199  alternative, to enroll the student in and transport the student
  200  to a public school in an adjacent school district which has
  201  available space and has a program with the services agreed to in
  202  the student’s individual education plan or 504 accommodation
  203  plan already in place, and that school district shall accept the
  204  student and report the student for purposes of the district’s
  205  funding pursuant to the Florida Education Finance Program.
  206         (g)(f) For a student who participates in the John M. McKay
  207  Scholarships for Students with Disabilities Program whose parent
  208  requests that the student take the statewide assessments under
  209  s. 1008.22, the district in which the student attends private
  210  school shall provide locations and times to take all statewide
  211  assessments.
  212         (6) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
  213  shall:
  214         (a) Establish a toll-free hotline that provides parents and
  215  private schools with information on participation in the John M.
  216  McKay Scholarships for Students with Disabilities Program.
  217         (b) Annually verify the eligibility of private schools that
  218  meet the requirements of subsection (8).
  219         (c) Establish a process by which individuals may notify the
  220  department of any violation by a parent, private school, or
  221  school district of state laws relating to program participation.
  222  The department shall conduct an inquiry of any written complaint
  223  of a violation of this section, or make a referral to the
  224  appropriate agency for an investigation, if the complaint is
  225  signed by the complainant and is legally sufficient. A complaint
  226  is legally sufficient if it contains ultimate facts that show
  227  that a violation of this section or any rule adopted by the
  228  State Board of Education has occurred. In order to determine
  229  legal sufficiency, the department may require supporting
  230  information or documentation from the complainant. A department
  231  inquiry is not subject to the requirements of chapter 120.
  232         (d) Require an annual, notarized, sworn compliance
  233  statement by participating private schools certifying compliance
  234  with state laws and shall retain such records.
  235         (e) Cross-check the list of participating scholarship
  236  students with the public school enrollment lists prior to each
  237  scholarship payment to avoid duplication.
  238         (f)1. Conduct random site visits to private schools
  239  participating in the John M. McKay Scholarships for Students
  240  with Disabilities Program as authorized under s. 1002.421(7).
  241  The purposes purpose of the site visits are is solely to verify
  242  compliance with the provisions of subsection (7) aimed at
  243  protecting the health, safety, and welfare of students and to
  244  verify the information reported by the schools concerning the
  245  enrollment and attendance of students, the credentials of
  246  teachers, background screening of teachers, and teachers’
  247  fingerprinting results, which information is required by rules
  248  of the State Board of Education, subsection (8), and s.
  249  1002.421. The Department of Education may not make followup more
  250  than three random site visits at any time to any school that has
  251  received a notice of noncompliance or a notice of proposed
  252  action within the previous 2 years pursuant to subsection (7)
  253  each year and may not make more than one random site visit each
  254  year to the same private school.
  255         2. Annually, by December 15, report to the Governor, the
  256  President of the Senate, and the Speaker of the House of
  257  Representatives the Department of Education’s actions with
  258  respect to implementing accountability in the scholarship
  259  program under this section and s. 1002.421, any substantiated
  260  allegations or violations of law or rule by an eligible private
  261  school under this program concerning the enrollment and
  262  attendance of students, the credentials of teachers, background
  263  screening of teachers, and teachers’ fingerprinting results and
  264  the corrective action taken by the Department of Education.
  266         (a) The Commissioner of Education:
  267         1. Shall deny, suspend, or revoke a private school’s
  268  participation in the scholarship program if it is determined
  269  that the private school has failed to comply with the provisions
  270  of this section. However, if the noncompliance is correctable
  271  within a reasonable amount of time and if the health, safety, or
  272  welfare of the students is not threatened, the commissioner may
  273  issue a notice of noncompliance which provides the private
  274  school with a timeframe within which to provide evidence of
  275  compliance before taking action to suspend or revoke the private
  276  school’s participation in the scholarship program.
  277         2. May deny, suspend, or revoke a private school’s
  278  participation in the scholarship program if the commissioner
  279  determines that an owner or operator of the private school is
  280  operating or has operated an educational institution in this
  281  state or in another state or jurisdiction in a manner contrary
  282  to the health, safety, or welfare of the public.
  283         a. In making such a determination, the commissioner may
  284  consider factors that include, but are not limited to, acts or
  285  omissions by an owner or operator which led to a previous denial
  286  or revocation of participation in an education scholarship
  287  program; an owner’s or operator’s failure to reimburse the
  288  Department of Education for scholarship funds improperly
  289  received or retained by a school; imposition of a prior criminal
  290  sanction related to an owner’s or operator’s management or
  291  operation of an educational institution; imposition of a civil
  292  fine or administrative fine, license revocation or suspension,
  293  or program eligibility suspension, termination, or revocation
  294  related to an owner’s or operator’s management or operation of
  295  an educational institution; or other types of criminal
  296  proceedings in which an owner or operator was found guilty of,
  297  regardless of adjudication, or entered a plea of nolo contendere
  298  or guilty to, any offense involving fraud, deceit, dishonesty,
  299  or moral turpitude.
  300         b. For purposes of this subparagraph, the term “owner or
  301  operator” includes an owner, operator, superintendent, or
  302  principal of, or a person who has equivalent decisionmaking
  303  authority over, a private school participating in the
  304  scholarship program.
  305         (b) The commissioner’s determination is subject to the
  306  following:
  307         1. If the commissioner intends to deny, suspend, or revoke
  308  a private school’s participation in the scholarship program, the
  309  department shall notify the private school of such proposed
  310  action in writing by certified mail and regular mail to the
  311  private school’s address of record with the department. The
  312  notification shall include the reasons for the proposed action
  313  and notice of the timelines and procedures set forth in this
  314  paragraph.
  315         2. The private school that is adversely affected by the
  316  proposed action shall have 15 days from receipt of the notice of
  317  proposed action to file with the department’s agency clerk a
  318  request for a proceeding pursuant to ss. 120.569 and 120.57. If
  319  the private school is entitled to a hearing under s. 120.57(1),
  320  the department shall forward the request to the Division of
  321  Administrative Hearings.
  322         3. Upon receipt of a request referred pursuant to this
  323  paragraph, the director of the Division of Administrative
  324  Hearings shall expedite the hearing and assign an administrative
  325  law judge who shall commence a hearing within 30 days after the
  326  receipt of the formal written request by the division and enter
  327  a recommended order within 30 days after the hearing or within
  328  30 days after receipt of the hearing transcript, whichever is
  329  later. Each party shall be allowed 10 days in which to submit
  330  written exceptions to the recommended order. A final order shall
  331  be entered by the agency within 30 days after the entry of a
  332  recommended order. The provisions of this subparagraph may be
  333  waived upon stipulation by all parties.
  334         (c) The commissioner may immediately suspend payment of
  335  scholarship funds if it is determined that there is probable
  336  cause to believe that there is:
  337         1. An imminent threat to the health, safety, or welfare of
  338  the students; or
  339         2. Fraudulent activity on the part of the private school.
  340  Notwithstanding s. 1002.22, in incidents of alleged fraudulent
  341  activity pursuant to this section, the Department of Education’s
  342  Office of Inspector General is authorized to release personally
  343  identifiable records or reports of students to the following
  344  persons or organizations:
  345         a. A court of competent jurisdiction in compliance with an
  346  order of that court or the attorney of record in accordance with
  347  a lawfully issued subpoena, consistent with the Family
  348  Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
  349         b. A person or entity authorized by a court of competent
  350  jurisdiction in compliance with an order of that court or the
  351  attorney of record pursuant to a lawfully issued subpoena,
  352  consistent with the Family Educational Rights and Privacy Act,
  353  20 U.S.C. s. 1232g.
  354         c. Any person, entity, or authority issuing a subpoena for
  355  law enforcement purposes when the court or other issuing agency
  356  has ordered that the existence or the contents of the subpoena
  357  or the information furnished in response to the subpoena not be
  358  disclosed, consistent with the Family Educational Rights and
  359  Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
  361  The c ommissioner’s order suspending payment pursuant to this
  362  paragraph may be appealed pursuant to the same procedures and
  363  timelines as the notice of proposed action set forth in
  364  paragraph (b).
  366  eligible to participate in the John M. McKay Scholarships for
  367  Students with Disabilities Program, a private school may be
  368  sectarian or nonsectarian and must:
  369         (a) Comply with all requirements for private schools
  370  participating in state school choice scholarship programs
  371  pursuant to s. 1002.421.
  372         (b) Provide to the department all documentation required
  373  for a student’s participation, including the private school’s
  374  and student’s fee schedules, at least 30 days before any
  375  quarterly scholarship payment is made for the student pursuant
  376  to paragraph (11)(e). A student is not eligible to receive a
  377  quarterly scholarship payment if the private school fails to
  378  meet this deadline.
  379         (c) Be academically accountable to the parent for meeting
  380  the educational needs of the student by:
  381         1. At a minimum, annually providing to the parent a written
  382  explanation of the student’s progress.
  383         2. Cooperating with the scholarship student whose parent
  384  chooses to participate in the statewide assessments pursuant to
  385  s. 1008.22.
  386         (d) Maintain in this state a physical location where a
  387  scholarship student regularly attends classes.
  388         (e) If the private school that participates in a state
  389  scholarship program under this chapter receives more than
  390  $250,000 in funds from scholarships awarded under this chapter
  391  in a state fiscal year, provide an annual report from an
  392  independent certified public accountant who performs the agreed
  393  upon procedures developed under s. 1002.395(6)(o). Such a
  394  private school must annually submit the required report by
  395  September 15 to the organization that awarded the majority of
  396  the school’s scholarship funds. The agreed-upon procedures must
  397  be conducted in accordance with attestation standards
  398  established by the American Institute of Certified Public
  399  Accountants.
  401  The failure or refusal inability of a private school to meet the
  402  requirements of this subsection shall constitute a basis for the
  403  ineligibility of the private school to participate in the
  404  scholarship program as determined by the department.
  406  PARTICIPATION.—A parent who applies for a John M. McKay
  407  Scholarship is exercising his or her parental option to place
  408  his or her child in a private school.
  409         (a) The parent must select the private school and apply for
  410  the admission of his or her child.
  411         (b) The parent must have requested the scholarship at least
  412  60 days prior to the date of the first scholarship payment.
  413         (c)For a student eligible pursuant to paragraph (1)(c),
  414  the parent must provide documentation of the physician’s
  415  diagnosis of a disability, as defined in this section, to the
  416  school district.
  417         (d)(c) Any student participating in the John M. McKay
  418  Scholarships for Students with Disabilities Program must remain
  419  in attendance throughout the school year unless excused by the
  420  school for illness or other good cause.
  421         (e)(d) Each parent and each student has an obligation to
  422  the private school to comply with the private school’s published
  423  policies.
  424         (f)(e) If the parent requests that the student
  425  participating in the John M. McKay Scholarships for Students
  426  with Disabilities Program take all statewide assessments
  427  required pursuant to s. 1008.22, the parent is responsible for
  428  transporting the student to the assessment site designated by
  429  the school district.
  430         (g)(f) Upon receipt of a scholarship warrant, the parent to
  431  whom the warrant is made must restrictively endorse the warrant
  432  to the private school for deposit into the account of the
  433  private school. The parent may not designate any entity or
  434  individual associated with the participating private school as
  435  the parent’s attorney in fact to endorse a scholarship warrant.
  436  A participant who fails to comply with this paragraph forfeits
  437  the scholarship.
  438         (10) TRANSITION-TO-WORK PROGRAM.—A student participating in
  439  the John M. McKay Scholarships for Students with Disabilities
  440  Program who is at least 17 years, but not older than 22 years,
  441  of age and who has not received a high school diploma or
  442  certificate of completion is eligible for enrollment in his or
  443  her private school’s transition-to-work program. A transition
  444  to-work program shall consist of academic instruction, work
  445  skills training, and a volunteer or paid work experience.
  446         (a) To offer a transition-to-work program, a participating
  447  private school must:
  448         1. Develop a transition-to-work program plan, which must
  449  include a written description of the academic instruction and
  450  work skills training students will receive and the goals for
  451  students in the program.
  452         2. Submit the transition-to-work program plan to the Office
  453  of Independent Education and Parental Choice.
  454         3. Develop a personalized transition-to-work program plan
  455  for each student enrolled in the program. The student’s parent,
  456  the student, and the school principal must sign the personalized
  457  plan. The personalized plan must be submitted to the Office of
  458  Independent Education and Parental Choice upon request by the
  459  office.
  460         4. Provide a release of liability form that must be signed
  461  by the student’s parent, the student, and a representative of
  462  the business offering the volunteer or paid work experience.
  463         5. Assign a case manager or job coach to visit the
  464  student’s job site on a weekly basis to observe the student and,
  465  if necessary, provide support and guidance to the student.
  466         6. Provide to the parent and student a quarterly report
  467  that documents and explains the student’s progress and
  468  performance in the program.
  469         7. Maintain accurate attendance and performance records for
  470  the student.
  471         (b) A student enrolled in a transition-to-work program
  472  must, at a minimum:
  473         1. Receive 15 instructional hours at the private school’s
  474  physical facility, which must include academic instruction and
  475  work skills training.
  476         2. Participate in 10 hours of work at the student’s
  477  volunteer or paid work experience.
  478         (c) To participate in a transition-to-work program, a
  479  business must:
  480         1. Maintain an accurate record of the student’s performance
  481  and hours worked and provide the information to the private
  482  school.
  483         2. Comply with all state and federal child labor laws.
  485         (a)1. The maximum scholarship granted for an eligible
  486  student with disabilities shall be equivalent to the base
  487  student allocation in the Florida Education Finance Program
  488  multiplied by the appropriate cost factor for the educational
  489  program that would have been provided for the student in the
  490  district school to which he or she was assigned, multiplied by
  491  the district cost differential.
  492         2. In addition, a share of the guaranteed allocation for
  493  exceptional students shall be determined and added to the amount
  494  in subparagraph 1. The calculation shall be based on the
  495  methodology and the data used to calculate the guaranteed
  496  allocation for exceptional students for each district in chapter
  497  2000-166, Laws of Florida. Except as provided in subparagraphs
  498  3. and 4., the calculation shall be based on the student’s
  499  grade, matrix level of services, and the difference between the
  500  2000-2001 basic program and the appropriate level of services
  501  cost factor, multiplied by the 2000-2001 base student allocation
  502  and the 2000-2001 district cost differential for the sending
  503  district. The calculated amount shall include the per-student
  504  share of supplemental academic instruction funds, instructional
  505  materials funds, technology funds, and other categorical funds
  506  as provided in the General Appropriations Act.
  507         3. The scholarship amount for a student who is eligible
  508  under sub-subparagraph (2)(a)2.b. shall be calculated as
  509  provided in subparagraphs 1. and 2. However, the calculation
  510  shall be based on the school district in which the parent
  511  resides at the time of the scholarship request.
  512         4. Until the school district completes the matrix required
  513  by paragraph (5)(b), the calculation shall be based on the
  514  matrix that assigns the student to support Level I of service as
  515  it existed prior to the 2000-2001 school year. When the school
  516  district completes the matrix, the amount of the payment shall
  517  be adjusted as needed.
  518         5. The scholarship amount for a student eligible under s.
  519  504 of the Rehabilitation Act of 1973 or paragraph (1)(c) shall
  520  be based on the program cost factor the student currently
  521  generates through the Florida Education Finance Program.
  522         6. The scholarship amount granted for an eligible student
  523  with disabilities is not subject to the maximum value for
  524  funding a student under s. 1011.61(4).
  525         (b) The amount of the John M. McKay Scholarship shall be
  526  the calculated amount or the amount of the private school’s
  527  tuition and fees, whichever is less. The amount of any
  528  assessment fee required by the participating private school may
  529  be paid from the total amount of the scholarship.
  530         (c)1. The school district shall report all students who are
  531  attending a private school under this program. The students with
  532  disabilities attending private schools on John M. McKay
  533  Scholarships shall be reported separately from other students
  534  reported for purposes of the Florida Education Finance Program.
  535         2. For program participants who are eligible under sub
  536  subparagraph (2)(a)2.b., the school district that is used as the
  537  basis for the calculation of the scholarship amount as provided
  538  in subparagraph (a)3. shall:
  539         a. Report to the department all such students who are
  540  attending a private school under this program.
  541         b. Be held harmless for such students from the weighted
  542  enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.b.
  543  during the first school year in which the students are reported.
  544         (d) Following notification on July 1, September 1, December
  545  1, or February 1 of the number of program participants, the
  546  department shall transfer, from General Revenue funds only, the
  547  amount calculated under paragraph (b) from the school district’s
  548  total funding entitlement under the Florida Education Finance
  549  Program and from authorized categorical accounts to a separate
  550  account for the scholarship program for quarterly disbursement
  551  to the parents of participating students. Funds may not be
  552  transferred from any funding provided to the Florida School for
  553  the Deaf and the Blind for program participants who are eligible
  554  under sub-subparagraph (2)(a)2.b. For a student exiting a
  555  Department of Juvenile Justice commitment program who chooses to
  556  participate in the scholarship program, the amount of the John
  557  M. McKay Scholarship calculated pursuant to paragraph (b) shall
  558  be transferred from the school district in which the student
  559  last attended a public school before commitment to the
  560  Department of Juvenile Justice. When a student enters the
  561  scholarship program, the department must receive all
  562  documentation required for the student’s participation,
  563  including the private school’s and the student’s fee schedules,
  564  at least 30 days before the first quarterly scholarship payment
  565  is made for the student.
  566         (e) Upon notification by the department that it has
  567  received the documentation required under paragraph (d), the
  568  Chief Financial Officer shall make scholarship payments in four
  569  equal amounts no later than September 1, November 1, February 1,
  570  and April 1 of each academic year in which the scholarship is in
  571  force. The initial payment shall be made after department
  572  verification of admission acceptance, and subsequent payments
  573  shall be made upon verification of continued enrollment and
  574  attendance at the private school. Payment must be by individual
  575  warrant made payable to the student’s parent and mailed by the
  576  department to the private school of the parent’s choice, and the
  577  parent shall restrictively endorse the warrant to the private
  578  school for deposit into the account of the private school.
  579         (f) Subsequent to each scholarship payment, the department
  580  shall request from the Department of Financial Services a sample
  581  of endorsed warrants to review and confirm compliance with
  582  endorsement requirements.
  583         (12) LIABILITY.—No liability shall arise on the part of the
  584  state based on the award or use of a John M. McKay Scholarship.
  585         (13) SCOPE OF AUTHORITY.—The inclusion of eligible private
  586  schools within options available to Florida public school
  587  students does not expand the regulatory authority of the state,
  588  its officers, or any school district to impose any additional
  589  regulation of private schools beyond those reasonably necessary
  590  to enforce requirements expressly set forth in this section.
  591         (14) RULES.—The State Board of Education shall adopt rules
  592  pursuant to ss. 120.536(1) and 120.54 to administer this
  593  section, including rules that school districts must use to
  594  expedite the development of a matrix of services based on an
  595  active individual education plan from another state or a foreign
  596  country for a transferring student with a disability who is a
  597  dependent child of a member of the United States Armed Forces.
  598  The rules must identify the appropriate school district
  599  personnel who must complete the matrix of services. For purposes
  600  of these rules, a transferring student with a disability is one
  601  who was previously enrolled as a student with a disability in an
  602  out-of-state or an out-of-country public or private school or
  603  agency program and who is transferring from out of state or from
  604  a foreign country pursuant to a parent’s permanent change of
  605  station orders.
  607  ================= T I T L E  A M E N D M E N T ================
  608  And the title is amended as follows:
  609         Delete lines 3392 - 3404
  610  and insert:
  611         s. 1002.39, F.S.; revising student eligibility and
  612         ineligibility criteria for the John M. McKay
  613         Scholarships for Students with Disabilities Program;
  614         revising school district obligations; revising the
  615         purposes of department site visits at private schools
  616         participating in the program; authorizing the
  617         department to make followup site visits at any time to
  618         certain private schools; requiring certain
  619         participating private schools to annually provide a
  620         specified report from an independent certified public
  621         accountant by a specified date; specifying that the
  622         failure or refusal, rather than the inability of, a
  623         private school to meet certain requirements
  624         constitutes a basis for program ineligibility;
  625         revising parent and student obligations; removing
  626         obsolete language; making technical changes;
  627         conforming provisions to changes made by the act;
  628         amending s. 1002.395, F.S.; revising