HB 0439

CS

CHAMBER ACTION

1	The Choice & Innovation Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to educational choice programs; creating
7	s. 1002.395, F.S.; establishing the K-12 GI Bill Program
8	to provide educational options for dependents of Florida
9	veterans, active-duty members of any branch of the United
10	States Armed Forces, active or retired members of the
11	Florida National Guard, or active members of the Armed
12	Forces Reserves; providing that a student may attend
13	another public school in the school district in which he
14	or she resides; providing that a student may receive a K-
15	12 GI Bill to attend a public school in an adjacent school
16	district or to attend a private school; defining the term
17	"member of the military"; providing K-12 GI Bill
18	eligibility requirements and restrictions; establishing
19	the term of the K-12 GI Bill; providing school district
20	obligations and parental options; providing Department of
21	Education obligations, including verification of
22	eligibility of private schools and establishment of a
23	process for notification of violations, subsequent
24	investigation, and certification of compliance by private
25	schools; providing Commissioner of Education authority and
26	obligations, including the denial, suspension, or
27	revocation of a private school's participation in the
28	program and procedures and timelines therefor; providing
29	private school eligibility requirements and obligations,
30	including compliance with specified laws and academic
31	accountability to the parent; providing responsibilities
32	of parents and students choosing the private school
33	option; providing for the amount, funding, and payment of
34	a K-12 GI Bill; exempting the state from liability;
35	authorizing waiver of deadlines; providing scope of
36	authority; requiring adoption of rules; creating s.
37	1002.421, F.S., relating to rights and obligations of
38	private schools participating in state school choice
39	scholarship programs; providing requirements for
40	participation in a scholarship program, including
41	compliance with specified state, local, and federal laws
42	and demonstration of fiscal soundness; requiring
43	restrictive endorsement of checks and prohibiting a school
44	from acting as attorney in fact; requiring employment of
45	qualified teachers and background screening of individuals
46	with direct student contact; providing scope of authority;
47	requiring adoption of rules; amending s. 1002.20, F.S.,
48	relating to student and parent rights to educational
49	choice, to conform; providing an effective date.
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1.  Section 1002.395, Florida Statutes, is created
54	to read:
55	1002.395  K-12 GI Bill Program.--There is established a
56	scholarship program that is separate and distinct from the
57	Opportunity Scholarship Program and is named the K-12 GI Bill
58	Program. The K-12 GI Bill Program is established to provide the
59	option for the dependent of a member of the military as defined
60	in subsection (2) to attend another public school in the school
61	district in which he or she resides, to receive a K-12 GI Bill
62	to attend a public school in an adjacent school district, or to
63	receive a K-12 GI Bill to attend an eligible private school.
64	(1)  PURPOSE.--The purpose of this section is to:
65	(a)  Recognize, honor, and reward the courage and
66	sacrifices made by a Florida veteran, an active-duty member of
67	any branch of the United States Armed Forces, an active or
68	retired member of the Florida National Guard, or an active
69	member of the Armed Forces Reserves, and his or her family.
70	(b)  Expand educational opportunities for children who are
71	dependents of Florida veterans, active-duty members of any
72	branch of the United States Armed Forces, active or retired
73	members of the Florida National Guard, or active members of the
74	Armed Forces Reserves.
75	(2)  DEFINITION.--As used in this section, the term "member
76	of the military" is defined as:
77	(a)  A Florida veteran pursuant to s. 1.01;
78	(b)  An active-duty member of any branch of the United
79	States Armed Forces;
80	(c)  An active or retired member of the Florida National
81	Guard; or
82	(d)  An active member of the Armed Forces Reserves.
83	(3)  K-12 GI BILL ELIGIBILITY.--The parent of a student who
84	is a dependent of a member of the military may request and
85	receive from the state a K-12 GI Bill for the child to enroll in
86	and attend an eligible private school if the parent has obtained
87	acceptance for admission of the student to a private school that
88	is eligible for the program under subsection (9) and has
89	requested from the department a K-12 GI Bill at least 60 days
90	prior to the date of the first K-12 GI Bill payment. The request
91	must be through a communication directly to the department in a
92	manner that creates a written or electronic record of the
93	request and the date the request was received.
94	(4)  K-12 GI BILL PROHIBITIONS.--A student is not eligible
95	for a K-12 GI Bill if he or she is:
96	(a)  Enrolled in a school operating for the purpose of
97	providing educational services to youth in Department of
98	Juvenile Justice commitment programs.
99	(b)  Receiving a scholarship from an eligible nonprofit
100	scholarship-funding organization under s. 220.187.
101	(c)  Receiving an educational scholarship pursuant to this
102	chapter.
103	(d)     Participating in a home education program as defined
104	in s. 1002.01(1).
105	(e)  Participating in a private tutoring program pursuant
106	to s. 1002.43.
107	(f)  Participating in a virtual school, correspondence
108	school, or distance learning program which receives state
109	funding pursuant to the student's participation.
110	(5)  TERM OF THE K-12 GI BILL.--
111	(a)  For purposes of continuity of educational choice, the
112	K-12 GI Bill shall remain in force until the student returns to
113	a public school or graduates from high school.
114	(b)  Upon reasonable notice to the department and the
115	school district, the student's parent may remove the student
116	from the private school and place the student in a public school
117	as provided in subsection (6).
118	(c)  Upon reasonable notice to the department, the
119	student's parent may move the student from one participating
120	private school to another participating private school.
121	(6)  SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.--
122	(a)1.  A school district shall timely notify the parent of
123	each student who the school district knows is a dependent of a
124	member of the military of all options available pursuant to this
125	section and offer that student's parent an opportunity to enroll
126	the student in another public school within the district.
127	2.  The parent is not required to accept the offer of
128	enrolling the student in another public school within the
129	district in lieu of requesting a K-12 GI Bill for the student to
130	attend a public school in an adjacent school district or to
131	attend a private school. However, if the parent chooses to
132	enroll the student in another public school within the district,
133	the student may continue attending the public school chosen by
134	the parent until the student graduates from high school. The
135	option under this paragraph shall be on a space-available basis.
136	However, a student who is the dependent of a parent on active
137	duty shall be given first priority, provided that this option
138	shall not be available if it results in a violation of the
139	constitutional class size requirements.
140	3.  If the parent chooses a public school consistent with
141	the district school board's choice plan under s. 1002.31, the
142	school district shall provide transportation to the public
143	school selected by the parent. The parent is responsible to
144	provide transportation to a public school chosen if that school
145	is not consistent with the district school board's choice plan
146	under s. 1002.31.
147	(b)  If the parent chooses the private school option and
148	the student is accepted by the private school, pending the
149	availability of a space for the student, the parent of the
150	student must notify the department 60 days prior to the first
151	scholarship payment and before entering the private school in
152	order to be eligible for the scholarship when a space becomes
153	available for the student.
154	(c)  The parent of a student may choose, as an alternative,
155	to enroll the student in and transport the student to a public
156	school in an adjacent school district that has available space,
157	and that school district shall accept the student and report the
158	student for purposes of the district's funding pursuant to the
159	Florida Education Finance Program.
160	(d)  For a student in the school district who participates
161	in the K-12 GI Bill Program whose parent requests that the
162	student take the statewide assessments under s. 1008.22, the
163	district shall provide locations and times to take all statewide
164	assessments.
165	(7)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The department
166	shall:
167	(a)  Establish a toll-free hotline that provides parents
168	and private schools with information on participation in the K-
169	12 GI Bill Program.
170	(b)  Annually verify the eligibility of private schools
171	that meet the requirements of subsection (9).
172	(c)  Establish a process by which individuals may notify
173	the department of any violation by a parent, private school, or
174	school district of state laws relating to program participation.
175	The department shall conduct an investigation of any written
176	complaint of a violation of this section, or make a referral to
177	the appropriate agency for investigation, if the complaint is
178	signed by the complainant and is legally sufficient. A complaint
179	is legally sufficient if it contains ultimate facts that show
180	that a violation of this section or any rule adopted by the
181	State Board of Education has occurred. In order to determine
182	legal sufficiency, the department may require supporting
183	information or documentation from the complainant.
184	(d)  Require an annual, notarized, sworn compliance
185	statement by participating private schools certifying compliance
186	with state laws and shall retain such records.
187	(e)  Cross-check the list of participating students with
188	the public school enrollment lists prior to the first payment to
189	avoid duplication.
190	(f)  Identify all nationally norm-referenced tests that are
191	comparable to the norm-referenced test portions of the Florida
192	Comprehensive Assessment Test (FCAT).
193	(g)  Select an independent private research organization to
194	which participating private schools must report the scores of
195	participating students on the nationally norm-referenced tests
196	administered by the private school. The independent private
197	research organization must annually report to the department on
198	the year-to-year improvements of the participating students. The
199	independent private research organization must analyze and
200	report student performance data in a manner that protects the
201	rights of students and parents as mandated in 20 U.S.C. s.
202	1232g, the Family Educational Rights and Privacy Act, and must
203	not disaggregate data to a level that will disclose the academic
204	level of individual students or of individual schools. To the
205	extent possible, the independent private research organization
206	must accumulate historical performance data on students from the
207	department and private schools to describe baseline performance
208	and to conduct longitudinal studies. To minimize costs and
209	reduce time required for third-party analysis and evaluation,
210	the department shall conduct analyses of matched students from
211	public school assessment data and calculate control group
212	learning gains using an agreed-upon methodology outlined in the
213	contract with the third-party evaluator. The sharing of student
214	data must be in accordance with requirements of 20 U.S.C. s.
215	1232g, the Family Educational Rights and Privacy Act, and shall
216	be for the sole purpose of conducting the evaluation. All
217	parties must preserve the confidentiality of such information as
218	required by law.
219	(8)  COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.--
220	(a)  The Commissioner of Education shall deny, suspend, or
221	revoke a private school's participation in the program if it is
222	determined that the private school has failed to comply with the
223	provisions of this section. However, in instances in which the
224	noncompliance is correctable within a reasonable amount of time
225	and where the health, safety, and welfare of the students are
226	not threatened, the commissioner may issue a notice of
227	noncompliance which shall provide the private school with a
228	timeframe within which to provide evidence of compliance prior
229	to taking action to suspend or revoke the private school's
230	participation in the program.
231	(b)  The commissioner's determination is subject to the
232	following:
233	1.  If the commissioner intends to deny, suspend, or revoke
234	a private school's participation in the program, the department
235	shall notify the private school of such proposed action in
236	writing by certified mail and regular mail to the private
237	school's address of record with the department. The notification
238	shall include the reasons for the proposed action and notice of
239	the timelines and procedures set forth in this paragraph.
240	2.  The private school that is adversely affected by the
241	proposed action shall have 15 days from receipt of the notice of
242	proposed action to file with the department's agency clerk a
243	request for a proceeding pursuant to ss. 120.569 and 120.57. If
244	the private school is entitled to a hearing under s. 120.57(1),
245	the department shall forward the request to the Division of
246	Administrative Hearings.
247	3.  Upon receipt of a request referred pursuant to this
248	paragraph, the director of the Division of Administrative
249	Hearings shall expedite the hearing and assign an administrative
250	law judge who shall commence a hearing within 30 days after the
251	receipt of the formal written request by the division and enter
252	a recommended order within 30 days after the hearing or within
253	30 days after receipt of the hearing transcript, whichever is
254	later. Each party shall be allowed 10 days in which to submit
255	written exceptions to the recommended order. A final order shall
256	be entered by the agency within 30 days after the entry of a
257	recommended order. The provisions of this subparagraph may be
258	waived upon stipulation by all parties.
259	(c)  The commissioner may immediately suspend payment if it
260	is determined that there is probable cause to believe that there
261	is:
262	1.  An imminent threat to the health, safety, and welfare
263	of the students; or
264	2.  Fraudulent activity on the part of the private school.
265
266	The commissioner's order suspending payment pursuant to this
267	paragraph may be appealed pursuant to the same procedures and
268	timelines as the notice of proposed action set forth in
269	paragraph (b).
270	(9)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be
271	eligible to provide educational opportunities for students who
272	participate in the K-12 GI Bill Program, a private school may be
273	sectarian or nonsectarian and must:
274	(a)  Comply with all requirements for private schools
275	participating in state school choice programs pursuant to s.
276	1002.421.
277	(b)  Provide the department all documentation required for
278	the student's participation, including the private school's and
279	student's fee schedules, at least 30 days before the first
280	quarterly payment is made for the student.
281	(c)  Be academically accountable to the parent for meeting
282	the educational needs of the student by:
283	1.  At a minimum, annually providing to the parent a
284	written explanation of the student's progress.
285	2.  Annually administering or making provision for students
286	participating in the program to take one of the nationally norm-
287	referenced tests identified by the department. Students with
288	disabilities for whom standardized testing is not appropriate
289	are exempt from this requirement. A participating private school
290	must report a student's scores to the parent and to the
291	independent private research organization selected by the
292	department pursuant to paragraph (7)(g).
293	3.  Cooperating with the student whose parent chooses to
294	participate in the statewide assessments pursuant to s. 1008.22.
295
296	The inability of a private school to meet the requirements of
297	this subsection shall constitute a basis for the ineligibility
298	of the private school to participate in the program as
299	determined by the department.
300	(10)  PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
301	PARTICIPATION.--A parent who applies for a K-12 GI Bill to
302	enable his or her child to attend a private school is exercising
303	his or her parental option to place his or her child in a
304	private school.
305	(a)  The parent must select the private school and apply
306	for the admission of his or her child.
307	(b)  The parent must have requested a K-12 GI Bill at least
308	60 days prior to the date of the first K-12 GI Bill payment.
309	(c)  Any student attending a private school on a K-12 GI
310	Bill must remain in attendance throughout the school year,
311	unless excused by the school for illness or other good cause.
312	(d)  Each parent and each student has an obligation to the
313	private school to comply with the school's published policies.
314	(e)  The parent shall ensure that the student participating
315	in the program takes the norm-referenced assessment offered by
316	the private school. The parent may also choose to have the
317	student participate in the statewide assessments pursuant to s.
318	1008.22. If the parent requests that the student take statewide
319	assessments pursuant to s. 1008.22, the parent is responsible
320	for transporting the student to the assessment site designated
321	by the school district.
322	(f)  Upon receipt of a K-12 GI Bill warrant, the parent to
323	whom the warrant is made must restrictively endorse the warrant
324	to the private school for deposit into the account of the
325	private school. The parent may not designate any entity or
326	individual associated with the participating private school as
327	the parent's attorney in fact to sign a warrant. Any failure to
328	comply with this paragraph results in forfeiture of the K-12 GI
329	Bill.
330	(11)  K-12 GI BILL FUNDING AND PAYMENT.--
331	(a)  The amount of a K-12 GI Bill provided to any student
332	for any single school year shall not exceed the following annual
333	limits:
334	1.  Three thousand six hundred dollars or the amount of
335	tuition and fees, whichever is less, for a K-12 GI Bill awarded
336	to a student enrolled in an eligible private school.
337	2.  Five hundred dollars for a K-12 GI Bill awarded to a
338	student enrolled in a Florida public school that is located
339	outside the school district in which the student resides.
340	(b)  The school district shall report all students who are
341	attending a private school on a K-12 GI Bill. The students
342	attending private schools on K-12 GI Bills shall be reported
343	separately from other students reported for purposes of the
344	Florida Education Finance Program.
345	(c)  Following notification on July 1, September 1,
346	December 1, or February 1 of the number of students attending
347	private schools on K-12 GI Bills, the department shall transfer,
348	from General Revenue funds only, the amount of the K-12 GI Bills
349	from the school district's total funding entitlement under the
350	Florida Education Finance Program to a separate account for the
351	K-12 GI Bills for quarterly disbursement to the parents of K-12
352	GI Bill students. When a student enters a private school on a K-
353	12 GI Bill, the department must receive all documentation
354	required for the student's K-12 GI Bill, including the private
355	school's and student's fee schedules, at least 30 days before
356	the first quarterly K-12 GI Bill payment is made for the
357	student.
358	(d)  Upon notification by the department that it has
359	received the documentation required under paragraph (c), the
360	Chief Financial Officer shall make K-12 GI Bill payments in four
361	equal amounts no later than September 1, November 1, February 1,
362	and April 1 of each academic year in which the K-12 GI Bill is
363	in force. The initial payment for attendance at a private school
364	shall be made after department verification of admission
365	acceptance, and subsequent payments shall be made upon
366	verification of continued enrollment and attendance at the
367	private school. Payment must be by individual warrant made
368	payable to the student's parent and mailed by the department to
369	the private school of the parent's choice, and the parent shall
370	restrictively endorse the warrant to the private school.
371	(e)  Subsequent to each payment, the Department of
372	Financial Services shall randomly review endorsed warrants to
373	confirm compliance with endorsement requirements. The Department
374	of Financial Services shall immediately report inconsistencies
375	or irregularities to the department.
376	(12)  LIABILITY.--No liability shall arise on the part of
377	the state based on the award or use of a K-12 GI Bill.
378	(13)  WAIVER OF DEADLINES.--In the event of an act of God,
379	which means an act occasioned exclusively by violence of nature
380	without the interference of any human agency, the State Board of
381	Education is authorized to waive any deadlines to effectuate the
382	purposes of the K-12 GI Bill.
383	(14)  SCOPE OF AUTHORITY.--The inclusion of eligible
384	private schools within options available to Florida public
385	school students does not expand the regulatory authority of the
386	state, its officers, or any school district to impose any
387	additional regulation of private schools beyond those reasonably
388	necessary to enforce requirements expressly set forth in this
389	section.
390	(15)  RULES.--The State Board of Education shall adopt
391	rules pursuant to ss. 120.536(1) and 120.54 to administer this
392	section.
393	Section 2.  Section 1002.421, Florida Statutes, is created
394	to read:
395	1002.421  Rights and obligations of private schools
396	participating in state school choice scholarship
397	programs.--Requirements of this section are in addition to
398	private school requirements outlined in s. 1002.42, specific
399	requirements identified within respective scholarship program
400	laws, and other provisions of Florida law that apply to private
401	schools.
402	(1)  A Florida private school participating in the
403	corporate income tax credit scholarship program established
404	pursuant to s. 220.187 or an educational scholarship program
405	established pursuant to this chapter must comply with all
406	requirements of this section.
407	(2)  A private school participating in a scholarship
408	program must be a Florida private school as defined in s.
409	1002.01(2) and must:
410	(a)  Be a registered Florida private school in accordance
411	with s. 1002.42.
412	(b)  Comply with antidiscrimination provisions of 42 U.S.C.
413	s. 2000d.
414	(c)  Notify the department of its intent to participate in
415	a scholarship program.
416	(d)  Notify the department of any change in the school's
417	name, school director, mailing address, or physical location
418	within 15 days after the change.
419	(e)  Complete student enrollment and attendance
420	verification requirements, including use of an on-line
421	attendance verification form, prior to scholarship payment.
422	(f)  Annually complete and submit to the department a
423	notarized scholarship compliance statement certifying compliance
424	with state laws relating to private school participation in the
425	scholarship program.
426	(g)  Demonstrate fiscal soundness and accountability by:
427	1.  Being in operation for 3 school years or obtaining a
428	surety bond or letter of credit for the amount equal to the
429	scholarship funds for any quarter and filing the surety bond or
430	letter of credit with the department.
431	2.  Requiring the parent of each scholarship student to
432	personally restrictively endorse the scholarship warrant to the
433	school. The school may not act as attorney in fact for the
434	parent of a scholarship student under the authority of a power
435	of attorney executed by such parent, or under any other
436	authority, to endorse scholarship warrants on behalf of such
437	parent.
438	(h)  Meet applicable state and local health, safety, and
439	welfare laws, codes, and rules, including:
440	1.  Fire safety.
441	2.  Building safety.
442	(i)  Employ or contract with teachers who hold
443	baccalaureate or higher degrees, have at least 3 years of
444	teaching experience in public or private schools, or have
445	special skills, knowledge, or expertise that qualifies them to
446	provide instruction in subjects taught.
447	(j)  Require each individual with direct student contact
448	with a scholarship student to be of good moral character, to be
449	subject to the level 1 background screening as provided under
450	chapter 435, to be denied employment or terminated if required
451	under s. 435.06, and not to be ineligible to teach in a public
452	school because his or her educator certificate is suspended or
453	revoked. For purposes of this paragraph:
454	1.  An "individual with direct student contact" means any
455	individual who has unsupervised access to a scholarship student
456	for whom the private school is responsible.
457	2.  The costs of fingerprinting and the background check
458	shall not be borne by the state.
459	3.  Continued employment of an individual after
460	notification that the individual has failed the level 1
461	background screening shall cause a private school to be
462	ineligible for participation in the scholarship program.
463	4.  An individual holding a valid Florida teaching
464	certificate who has been fingerprinted pursuant to s. 1012.32
465	shall not be required to comply with the provisions of this
466	paragraph.
467	(3)  The inability of a private school to meet the
468	requirements of this section shall constitute a basis for the
469	ineligibility of the private school to participate in a
470	scholarship program as determined by the department.
471	(4)  The inclusion of eligible private schools within
472	options available to Florida public school students does not
473	expand the regulatory authority of the state, its officers, or
474	any school district to impose any additional regulation of
475	private schools beyond those reasonably necessary to enforce
476	requirements expressly set forth in this section.
477	(5)  The State Board of Education shall adopt rules
478	pursuant to ss. 120.536(1) and 120.54 to administer this
479	section.
480	Section 3.  Paragraphs (a) and (b) of subsection (6) of
481	section 1002.20, Florida Statutes, are amended to read:
482	1002.20  K-12 student and parent rights.--Parents of public
483	school students must receive accurate and timely information
484	regarding their child's academic progress and must be informed
485	of ways they can help their child to succeed in school. K-12
486	students and their parents are afforded numerous statutory
487	rights including, but not limited to, the following:
488	(6)  EDUCATIONAL CHOICE.--
489	(a)  Public school choices.--Parents of public school
490	students may seek whatever public school choice options that are
491	applicable to their students and are available to students in
492	their school districts. These options may include controlled
493	open enrollment, lab schools, charter schools, charter technical
494	career centers, magnet schools, alternative schools, special
495	programs, advanced placement, dual enrollment, International
496	Baccalaureate, early admissions, credit by examination or
497	demonstration of competency, the New World School of the Arts,
498	the Florida School for the Deaf and the Blind, and the Florida
499	Virtual School. These options may also include the public school
500	choice options of the Opportunity Scholarship Program, and the
501	McKay Scholarships for Students with Disabilities Program, and
502	the K-12 GI Bill Program.
503	(b)  Private school choices.--Parents of public school
504	students may seek private school choice options under certain
505	programs.
506	1.  Under the Opportunity Scholarship Program, the parent
507	of a student in a failing public school may request and receive
508	an opportunity scholarship for the student to attend a private
509	school in accordance with the provisions of s. 1002.38.
510	2.  Under the McKay Scholarships for Students with
511	Disabilities Program, the parent of a public school student with
512	a disability who is dissatisfied with the student's progress may
513	request and receive a McKay Scholarship for the student to
514	attend a private school in accordance with the provisions of s.
515	1002.39.
516	3.  Under the K-12 GI Bill Program, the parent of a public
517	school student who is a dependent of a Florida veteran, an
518	active-duty member of any branch of the United States Armed
519	Forces, an active or retired member of the Florida National
520	Guard, or an active member of the Armed Forces Reserves may
521	request and receive a K-12 GI Bill for the student to attend a
522	private school in accordance with the provisions of s. 1002.395.
523	4.3.  Under the corporate income tax credit scholarship
524	program, the parent of a student who qualifies for free or
525	reduced-price school lunch may seek a scholarship from an
526	eligible nonprofit scholarship-funding organization in
527	accordance with the provisions of s. 220.187.
528	Section 4.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.