Florida Senate - 2016 SB 1088
By Senator Stargel
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.; exempting a foster child from specified
5 eligibility provisions; providing that a student
6 enrolled in a transition-to-work program is eligible
7 for a John M. McKay Scholarship; creating a
8 transition-to-work program for specific students
9 enrolled in the John M. McKay Scholarships for
10 Students with Disabilities Program; providing program
11 requirements; providing participation requirements for
12 schools, students, and businesses; exempting a John M.
13 McKay Scholarship award from a specified funding
14 calculation; amending s. 1011.61, F.S.; exempting a
15 John M. McKay Scholarship award from a specified
16 funding calculation for purposes of the Florida
17 Education Finance Program; providing an effective
20 Be It Enacted by the Legislature of the State of Florida:
22 Section 1. Subsections (10) through (13) of section
23 1002.39, Florida Statutes, are renumbered as subsections (11)
24 through (14), respectively, paragraph (a) of subsection (2),
25 paragraph (h) of subsection (3), paragraph (b) of subsection
26 (8), and paragraph (a) of present subsection (10) are amended,
27 and a new subsection (10) is added to that section, to read:
28 1002.39 The John M. McKay Scholarships for Students with
29 Disabilities Program.—There is established a program that is
30 separate and distinct from the Opportunity Scholarship Program
31 and is named the John M. McKay Scholarships for Students with
32 Disabilities Program.
33 (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a
34 student with a disability may request and receive from the state
35 a John M. McKay Scholarship for the child to enroll in and
36 attend a private school in accordance with this section if:
37 (a) The student has:
38 1. Received specialized instructional services under the
39 Voluntary Prekindergarten Education Program pursuant to s.
40 1002.66 during the previous school year and the student has a
41 current individual educational plan developed by the local
42 school board in accordance with rules of the State Board of
43 Education for the John M. McKay Scholarships for Students with
44 Disabilities Program or a 504 accommodation plan has been issued
45 under s. 504 of the Rehabilitation Act of 1973; or
46 2. Spent the prior school year in attendance at a Florida
47 public school or the Florida School for the Deaf and the Blind.
48 For purposes of this subparagraph, prior school year in
49 attendance means that the student was enrolled and reported by:
50 a. A school district for funding during the preceding
51 October and February Florida Education Finance Program surveys
52 in kindergarten through grade 12, which includes time spent in a
53 Department of Juvenile Justice commitment program if funded
54 under the Florida Education Finance Program;
55 b. The Florida School for the Deaf and the Blind during the
56 preceding October and February student membership surveys in
57 kindergarten through grade 12; or
58 c. A school district for funding during the preceding
59 October and February Florida Education Finance Program surveys,
60 was at least 4 years of age when so enrolled and reported, and
61 was eligible for services under s. 1003.21(1)(e).
63 However, a foster child or a dependent child of a member of the
64 United States Armed Forces who transfers to a school in this
65 state from out of state or from a foreign country due to a
66 parent’s permanent change of station orders is exempt from this
67 paragraph but must meet all other eligibility requirements to
68 participate in the program.
69 (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.—A student is
70 not eligible for a John M. McKay Scholarship:
71 (h) While he or she is not having regular and direct
72 contact with his or her private school teachers at the school’s
73 physical location unless he or she is enrolled in the private
74 school’s transition-to-work program pursuant to subsection (10);
76 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
77 eligible to participate in the John M. McKay Scholarships for
78 Students with Disabilities Program, a private school may be
79 sectarian or nonsectarian and must:
80 (b) Provide to the department all documentation required
81 for a student’s participation, including the private school’s
82 and student’s fee schedules, at least 30 days before any
83 quarterly scholarship payment is made for the student pursuant
84 to paragraph (11)(e)
(10)(e). A student is not eligible to
85 receive a quarterly scholarship payment if the private school
86 fails to meet this deadline.
88 The inability of a private school to meet the requirements of
89 this subsection shall constitute a basis for the ineligibility
90 of the private school to participate in the scholarship program
91 as determined by the department.
92 (10) TRANSITION-TO-WORK PROGRAM.—A student participating in
93 the John M. McKay Scholarships for Students with Disabilities
94 Program who is at least 17 years, but not older than 22 years,
95 of age and who has not received a high school diploma or
96 certificate of completion is eligible for enrollment in his or
97 her private school’s transition-to-work program. A transition
98 to-work program shall consist of academic instruction, work
99 skills training, and a volunteer or paid work experience.
100 (a) To offer a transition-to-work program, a participating
101 private school must:
102 1. Develop a transition-to-work program plan, which must
103 include a written description of the academic instruction and
104 work skills training students will receive and the goals for
105 students in the program.
106 2. Submit the transition-to-work program plan to the Office
107 of Independent Education and Parental Choice.
108 3. Develop a personalized transition-to-work program plan
109 for each student enrolled in the program. The student’s parent,
110 the student, and the school principal must sign the personalized
111 plan. The personalized plan must be submitted to the Office of
112 Independent Education and Parental Choice upon request by the
114 4. Provide a release of liability form that must be signed
115 by the student’s parent, the student, and a representative of
116 the business offering the volunteer or paid work experience.
117 5. Assign a case manager or job coach to visit the
118 student’s job site on a weekly basis to observe the student and,
119 if necessary, provide support and guidance to the student.
120 6. Provide to the parent and student a quarterly report
121 that documents and explains the student’s progress and
122 performance in the program.
123 7. Maintain accurate attendance and performance records for
124 the student.
125 (b) A student enrolled in a transition-to-work program
126 must, at a minimum:
127 1. Receive 15 instructional hours at the private school’s
128 physical facility, which must include academic instruction and
129 work skills training.
130 2. Participate in 10 hours of work at the student’s
131 volunteer or paid work experience.
132 (c) To participate in a transition-to-work program, a
133 business must:
134 1. Maintain an accurate record of the student’s performance
135 and hours worked and provide the information to the private
137 2. Comply with all state and federal child labor laws.
138 (11) (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.—
139 (a)1. The maximum scholarship granted for an eligible
140 student with disabilities shall be equivalent to the base
141 student allocation in the Florida Education Finance Program
142 multiplied by the appropriate cost factor for the educational
143 program that would have been provided for the student in the
144 district school to which he or she was assigned, multiplied by
145 the district cost differential.
146 2. In addition, a share of the guaranteed allocation for
147 exceptional students shall be determined and added to the amount
148 in subparagraph 1. The calculation shall be based on the
149 methodology and the data used to calculate the guaranteed
150 allocation for exceptional students for each district in chapter
151 2000-166, Laws of Florida. Except as provided in subparagraphs
152 3. and 4., the calculation shall be based on the student’s
153 grade, matrix level of services, and the difference between the
154 2000-2001 basic program and the appropriate level of services
155 cost factor, multiplied by the 2000-2001 base student allocation
156 and the 2000-2001 district cost differential for the sending
157 district. The calculated amount shall include the per-student
158 share of supplemental academic instruction funds, instructional
159 materials funds, technology funds, and other categorical funds
160 as provided in the General Appropriations Act.
161 3. The scholarship amount for a student who is eligible
162 under sub-subparagraph (2)(a)2.b. shall be calculated as
163 provided in subparagraphs 1. and 2. However, the calculation
164 shall be based on the school district in which the parent
165 resides at the time of the scholarship request.
166 4. Until the school district completes the matrix required
167 by paragraph (5)(b), the calculation shall be based on the
168 matrix that assigns the student to support Level I of service as
169 it existed prior to the 2000-2001 school year. When the school
170 district completes the matrix, the amount of the payment shall
171 be adjusted as needed.
172 5. The scholarship amount for a student eligible under s.
173 504 of the Rehabilitation Act of 1973 shall be based on the
174 program cost factor the student currently generates through the
175 Florida Education Finance Program.
176 6. The scholarship amount granted for an eligible student
177 with disabilities is not subject to the maximum value for
178 funding a student under s. 1011.61(4).
179 Section 2. Subsection (4) of section 1011.61, Florida
180 Statutes, is amended to read:
181 1011.61 Definitions.—Notwithstanding the provisions of s.
182 1000.21, the following terms are defined as follows for the
183 purposes of the Florida Education Finance Program:
184 (4) The maximum value for funding a student in kindergarten
185 through grade 12 or in a prekindergarten program for exceptional
186 children as provided in s. 1003.21(1)(e) shall be the sum of the
187 calculations in paragraphs (a), (b), and (c) as calculated by
188 the department.
189 (a) The sum of the student’s full-time equivalent student
190 membership value for the school year or the equivalent derived
191 from paragraphs (1)(a) and (b), subparagraph (1)(c)1., sub
192 subparagraphs (1)(c)2.b. and c., subparagraph (1)(c)3., and
193 subsection (2). If the sum is greater than 1.0, the full-time
194 equivalent student membership value for each program or course
195 shall be reduced by an equal proportion so that the student’s
196 total full-time equivalent student membership value is equal to
198 (b) If the result in paragraph (a) is less than 1.0 full
199 time equivalent student and the student has full-time equivalent
200 student enrollment pursuant to sub-sub-subparagraph
201 (1)(c)1.b.(VIII), calculate an amount that is the lesser of the
202 value in sub-sub-subparagraph (1)(c)1.b.(VIII) or the value of
203 1.0 less the value in paragraph (a).
204 (c) The full-time equivalent student enrollment value in
205 sub-subparagraph (1)(c)2.a.
207 A scholarship award provided to a student enrolled in the John
208 M. McKay Scholarships for Students with Disabilities Program
209 pursuant to s. 1002.39 is not subject to the maximum value for
210 funding a student under this subsection.
211 Section 3. This act shall take effect July 1, 2016.