House Bill hb1587

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    Florida House of Representatives - 2002                HB 1587

        By Representative Kallinger






  1                      A bill to be entitled

  2         An act relating to education; creating the "No

  3         Strings Attached Act"; providing for school

  4         district flexibility under specified

  5         conditions; providing for Freedom Scholarships

  6         and scholarship eligibility; providing school

  7         district and Department of Education

  8         obligations; providing for private school

  9         eligibility; providing obligations of program

10         participants; providing for scholarship funding

11         and payment; providing for liability; providing

12         for oversight by the State Board of Education;

13         providing for rulemaking; providing an

14         effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  This section may be cited as the "No

19  Strings Attached Act."

20         (1)  SCHOOL DISTRICT FREEDOM.--If a district school

21  board implements the parental choice provisions outlined in

22  this act, the district school board shall be exempt from the

23  following accountability, expenditure, and accounting

24  provisions of law:

25         (a)  School grading system, provided in s. 229.57,

26  Florida Statutes.

27         (b)  Funds for supplemental academic instruction,

28  provided in s. 236.08104, Florida Statutes.

29         (c)  Funds for student transportation, provided in s.

30  236.083, Florida Statutes.

31  

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  1         (d)  Funds for inservice educational personnel

  2  training.

  3         (e)  Funds for instructional materials.

  4         (f)  Funds for safe schools.

  5         (g)  Funds for public school technology.

  6         (h)  Funds for teacher recruitment and retention.

  7         (i)  Equity in school-level funding, provided in s.

  8  236.08103, Florida Statutes.

  9         (j)  School district minimum classroom expenditure

10  requirements, provided in s. 236.08102, Florida Statutes.

11         (k)  Educational funding accountability, provided in s.

12  236.685, Florida Statutes.

13         (l)  Cost accounting and reporting, provided in s.

14  237.34, Florida Statutes.

15         (m)  Small schools requirement, provided in s.

16  235.2157, Florida Statutes.

17         (2)  FREEDOM SCHOLARSHIP PROGRAM.--A participating

18  district school board shall adopt and implement a Freedom

19  Scholarship Program to allow all students in the school

20  district to choose to attend a public school or a private

21  school.  The district school board must provide the following

22  options to the parents of each student in attendance in the

23  school district:

24         (a)  The student may attend a public school of the

25  parent's choice within the school district other than the one

26  to which the student is assigned; or

27         (b)  The student may accept a scholarship to attend an

28  eligible private school of the parent's choice.

29         (3)  SCHOLARSHIP ELIGIBILITY.--The parent of a public

30  school student in a participating school district may request

31  and receive from the state a Freedom Scholarship for the

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    Florida House of Representatives - 2002                HB 1587

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  1  student to enroll in and attend a private school in accordance

  2  with this section if:

  3         (a)1.  The student has spent the prior school year in

  4  attendance at a Florida public school.  Prior school year in

  5  attendance means that the student was enrolled and reported by

  6  a school district for funding during the preceding October and

  7  February Florida Education Finance Program surveys in

  8  kindergarten through grade 12; or

  9         2.  The student is entering kindergarten or first

10  grade.

11         (b)  The parent has obtained acceptance for admission

12  of the student to a private school that is eligible for the

13  program under subsection (5).

14  

15  This subsection does not apply to a student who is enrolled in

16  a school operating for the purpose of providing educational

17  services to youth in Department of Juvenile Justice commitment

18  programs.  For purposes of continuity of educational choice,

19  the scholarship shall remain in force until the student

20  returns to a public school or graduates from high school.

21  However, at any time, the student's parent may remove the

22  student from the private school and place the student in

23  another private school that is eligible for the program under

24  subsection (5) or in a public school as provided in subsection

25  (4).

26         (4)  SCHOOL DISTRICT AND DEPARTMENT OF EDUCATION

27  OBLIGATIONS.--

28         (a)  Public school choice option.--

29         1.  A participating school district shall timely notify

30  parents of all eligible students in the school district of all

31  options available pursuant to this section and offer each

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  1  student's parent an opportunity to enroll the student in

  2  another public school of the parent's choice within the school

  3  district at any time during the school year.  The parent is

  4  not required to accept this offer in lieu of requesting a

  5  Freedom Scholarship to a private school.  However, if the

  6  parent chooses the public school option, the student may

  7  continue attending a public school or select another public

  8  school chosen by the parent until the student graduates from

  9  high school.  If the parent chooses a public school consistent

10  with the district school board's choice plan under s. 228.057,

11  Florida Statutes, the school district shall provide

12  transportation to the public school selected by the parent.

13  The parent is responsible for providing transportation to a

14  public school chosen that is not consistent with the district

15  school board's choice plan under s. 228.057, Florida Statutes.

16         2.  If at least 50 percent of the parents in a public

17  school in a participating school district vote to participate

18  in the school grading system provided in s. 229.57, Florida

19  Statutes, then the school district and the Department of

20  Education shall include that school in the school grading

21  system program.  Such school would receive a school

22  performance grade designation and be eligible for

23  participation in the Florida School Recognition Program

24  established in s. 231.2905, Florida Statutes.

25         (b)  Private school choice option.--

26         1.  A participating school district shall timely notify

27  parents of all eligible students in the school district of all

28  options available pursuant to this section and offer each

29  student's parent an opportunity to request a Freedom

30  Scholarship and enroll the student in an eligible private

31  school within the school district at any time during the

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  1  school year.  The parent is not required to accept this offer

  2  in lieu of selecting another public school in the school

  3  district.  However, if the parent chooses the Freedom

  4  Scholarship option, the student may continue attending a

  5  private school or select another private school chosen by the

  6  parent until the student graduates from high school.

  7         2.  For a student in the school district who

  8  participates in the Freedom Scholarship Program whose parent

  9  requests that the student take the statewide assessments under

10  s. 229.57, Florida Statutes, the school district shall provide

11  locations and times to take all statewide assessments.

12         3.  A school district shall notify the Department of

13  Education within 10 days after it receives notification of a

14  parent's intent to apply for a Freedom Scholarship.

15         (5)  PRIVATE SCHOOL ELIGIBILITY.--To be eligible to

16  participate in the Freedom Scholarship Program, a private

17  school must be a Florida private school, may be sectarian or

18  nonsectarian, and must:

19         (a)  Demonstrate fiscal soundness by being in operation

20  for 1 school year or provide the Department of Education with

21  a statement by a certified public accountant confirming that

22  the private school desiring to participate is insured and that

23  the owner or owners have sufficient capital or credit to

24  operate the school for the upcoming year serving the number of

25  students anticipated with expected revenues from tuition and

26  other sources that may be reasonably expected. In lieu of such

27  a statement, a surety bond or letter of credit for the amount

28  equal to the scholarship funds for any quarter may be filed

29  with the department.

30         (b)  Notify the Department of Education of its intent

31  to participate in the scholarship program under this section.

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  1  The notice must specify the grade levels that the private

  2  school has available for students who are participating in the

  3  scholarship program.

  4         (c)  Comply with the antidiscrimination provisions of

  5  42 U.S.C. s. 2000d.

  6         (d)  Be academically accountable to the parent for

  7  meeting the educational needs of the student.

  8         (e)  Employ or contract with teachers who hold

  9  baccalaureate or higher degrees, have at least 3 years of

10  teaching experience in public or private schools, or have

11  special skills, knowledge, or expertise that qualifies them to

12  provide instruction in the subjects taught.

13         (f)  Comply with all state laws relating to general

14  regulation of private schools.

15         (g)  Adhere to the tenets of its published disciplinary

16  procedures prior to the expulsion of a scholarship student.

17         (6)  OBLIGATIONS OF PROGRAM PARTICIPANTS.--

18         (a)  A parent who applies for a Freedom Scholarship is

19  exercising his or her parental option to place his or her

20  child in a private school.  The parent must select the private

21  school and apply for the admission of his or her child.

22         (b)  The parent must have requested the scholarship at

23  least 60 days prior to the date of the first scholarship

24  payment.

25         (c)  Any student participating in the scholarship

26  program must remain in attendance throughout the school year,

27  unless excused by the school for illness or other good cause,

28  and must comply fully with the school's code of conduct.

29         (d)  The parent of each student participating in the

30  scholarship program must comply fully with the private

31  

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  1  school's parental involvement requirements, unless excused by

  2  the school for illness or other good cause.

  3         (e)  If the parent requests that the student

  4  participating in the scholarship program take all statewide

  5  assessments required pursuant to s. 229.57, Florida Statutes,

  6  the parent is responsible for transporting the student to the

  7  assessment site designated by the school district.

  8         (f)  Upon receipt of a scholarship warrant, the parent

  9  to whom the warrant is made must restrictively endorse the

10  warrant to the private school for deposit into the account of

11  the private school.

12         (g)  A participant who fails to comply with this

13  subsection forfeits the scholarship.

14         (7)  SCHOLARSHIP FUNDING AND PAYMENT.--

15         (a)1.  The maximum scholarship granted for an eligible

16  student shall be a calculated amount equivalent to the base

17  student allocation in the Florida Education Finance Program

18  multiplied by the appropriate cost factor for the educational

19  program that would have been provided for the student in the

20  district school to which he or she was assigned, multiplied by

21  the district cost differential.

22         2.  In addition, the calculated amount shall include

23  the per-student share of supplemental academic instruction

24  funds, instructional materials funds, technology funds, and

25  other categorical funds as provided for such purposes in the

26  General Appropriations Act.

27         (b)  The amount of the Freedom Scholarship shall be the

28  calculated amount or the amount of the private school's

29  tuition and fees, whichever is less.

30         (c)  The school district shall report all students who

31  are attending a private school under the Freedom Scholarship

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  1  Program.  The students attending private schools on Freedom

  2  Scholarships shall be reported separately from other students

  3  reported for purposes of the Florida Education Finance

  4  Program.

  5         (d)  Following notification on July 1, September 1,

  6  December 1, or February 1 of the number of program

  7  participants, the Department of Education shall transfer the

  8  amount calculated under paragraph (b) from the school

  9  district's total funding entitlement under the Florida

10  Education Finance Program and from authorized categorical

11  accounts to a separate account for the scholarship program for

12  quarterly disbursement to the parents of participating

13  students.  The Department of Education may not make any

14  retroactive payments.

15         (e)  Upon proper documentation reviewed and approved by

16  the Department of Education, the Comptroller shall make

17  scholarship payments in four equal amounts no later than

18  September 1, November 1, February 1, and April 15 of each

19  academic year in which the scholarship is in force.  The

20  initial payment shall be made after Department of Education

21  verification of admission acceptance, and subsequent payments

22  shall be made upon verification of continued enrollment and

23  attendance at the private school.  Payment must be by

24  individual warrant made payable to the student's parent and

25  mailed by the Department of Education to the private school of

26  the parent's choice, and the parent shall restrictively

27  endorse the warrant to the private school for deposit into the

28  account of the private school.

29         (8)  LIABILITY.--No liability shall arise on the part

30  of the state based on the award or use of a Freedom

31  Scholarship.

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  1         (9)  ACCOUNTABILITY.--The State Board of Education

  2  shall monitor a school district's implementation of the public

  3  and private school choice options provided in this section.

  4  If the state board determines that a school district is not

  5  complying with the law or state board rule, the school

  6  district shall lose the exemptions provided in subsection (1).

  7         (10)  RULES.--The State Board of Education may adopt

  8  rules pursuant to ss. 120.536(1) and 120.54, Florida Statutes,

  9  to administer this section.  However, the inclusion of

10  eligible private schools within options available to Florida

11  public school students does not expand the regulatory

12  authority of the state, its officers, or any school district

13  to impose any additional regulation of private schools beyond

14  those reasonably necessary to enforce requirements expressly

15  set forth in this section.

16         Section 2.  This act shall take effect upon becoming a

17  law.

18  

19            *****************************************

20                          HOUSE SUMMARY

21  
      Creates the "No Strings Attached Act" to provide for
22    school district flexibility under specified conditions.
      Provides for a Freedom Scholarship Program to allow
23    students in a participating school district to choose
      attendance at a public school or an eligible private
24    school. Provides school district and Department of
      Education obligations. Provides for private school
25    eligibility. Provides obligations of program
      participants. Provides for scholarship funding and
26    payment. Exempts the state from liability and provides
      for oversight by the State Board of Education.
27  

28  

29  

30  

31  

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