The Florida Senate

229.05371  Scholarships to public or private school of choice for students with disabilities.--

(1)  SCHOLARSHIP PROGRAM.--There is established a program, which is separate and distinct from the Opportunity Scholarship Program, to provide scholarships to a public or private school of choice for students with disabilities whose academic progress in at least two areas has not met expected levels for the previous year, as determined by the student's individual education plan. Student participation in the program is limited to 5 percent of the students with disabilities in the school district during the first year, 10 percent of students with disabilities during the second year, 20 percent of students with disabilities during the third year, and no caps in subsequent years. The following applies to the program:

(a)  To be eligible to participate in the program, a private school must meet all requirements of s. 229.0537(4), except for the accreditation requirements of s. 229.0537(4)(f). For purposes of the program, notification under s. 229.0537(4)(b) must be separate from the notification under the Opportunity Scholarship Program.

(b)  The school district must comply with the requirements in s. 229.0537(3)(a)2., (c), and (d).

(c)  The amount of the scholarship in the program shall be equal to the amount the student would have received under the Florida Education Finance Program in the public school to which he or she is assigned.

(d)  To be eligible for a scholarship under the program, a student or parent must:

1.  Comply with the eligibility criteria in s. 229.0537(2)(b) and all provisions of s. 229.0537 which apply to students with disabilities;

2.  For the school year immediately prior to the year in which the scholarship will be in effect, have documented the student's failure to meet specific performance levels identified in the individual education plan; or, absent specific performance levels identified in the individual education plan, the student must have performed below grade level on state or local assessments and the parent must believe that the student is not progressing adequately toward the goals in the individual education plan; and

3.  Have requested the scholarship prior to the time at which the number of valid requests exceeds the district's cap for the year in which the scholarship will be awarded.

(2)  The provisions of s. 229.0537(6) and (8) shall apply to the program authorized in this section. This program is not intended to affect the eligibility of the state or school district to receive federal funds for students with disabilities.

History.--s. 3, ch. 99-398; s. 6, ch. 2000-181.