HB 0093

1	A bill to be entitled
2	An act relating to the John M. McKay Scholarships for
3	Students with Disabilities Program; amending s. 1002.39,
4	F.S.; excluding hospitalized or homebound students from
5	participating in the program; excluding certain students
6	in Department of Juvenile Justice commitment programs from
7	participation; providing requirements for transfer of the
8	amount of the McKay Scholarship for students who exit a
9	Department of Juvenile Justice commitment program and
10	choose to participate in the scholarship program;
11	providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Subsections (1) and (2) and paragraph (e) of
16	subsection (6) of section 1002.39, Florida Statutes, are amended
17	to read:
18	1002.39  The John M. McKay Scholarships for Students with
19	Disabilities Program.--There is established a program that is
20	separate and distinct from the Opportunity Scholarship Program
21	and is named the John M. McKay Scholarships for Students with
22	Disabilities Program, pursuant to this section.
23	(1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
24	DISABILITIES PROGRAM.--The John M. McKay Scholarships for
25	Students with Disabilities Program is established to provide the
26	option to attend a public school other than the one to which
27	assigned, or to provide a scholarship to a private school of
28	choice, for students with disabilities for whom an individual
29	education plan has been written in accordance with rules of the
30	State Board of Education. For purposes of this section, students
31	with disabilities include K-12 students who are mentally
32	handicapped, speech and language impaired, deaf or hard of
33	hearing, visually impaired, dual sensory impaired, physically
34	impaired, emotionally handicapped, specific learning disabled,
35	hospitalized or homebound, or autistic.
36	(2)  SCHOLARSHIP ELIGIBILITY.--The parent of a public
37	school student with a disability who is dissatisfied with the
38	student's progress may request and receive from the state a John
39	M. McKay Scholarship for the child to enroll in and attend a
40	private school in accordance with this section if:
41	(a)  By assigned school attendance area or by special
42	assignment, the student has spent the prior school year in
43	attendance at a Florida public school. Prior school year in
44	attendance means that the student was enrolled and reported by a
45	school district for funding during the preceding October and
46	February Florida Education Finance Program surveys in
47	kindergarten through grade 12. However, this paragraph does not
48	apply to a dependent child of a member of the United States
49	Armed Forces who transfers to a school in this state from out of
50	state or from a foreign country pursuant to a parent's permanent
51	change of station orders. A dependent child of a member of the
52	United States Armed Forces who transfers to a school in this
53	state from out of state or from a foreign country pursuant to a
54	parent's permanent change of station orders must meet all other
55	eligibility requirements to participate in the program.
56	(b)  The parent has obtained acceptance for admission of
57	the student to a private school that is eligible for the program
58	under subsection (4) and has notified the school district of the
59	request for a scholarship at least 60 days prior to the date of
60	the first scholarship payment. The parental notification must be
61	through a communication directly to the district or through the
62	Department of Education to the district in a manner that creates
63	a written or electronic record of the notification and the date
64	of receipt of the notification.
65
66	This section does not apply to A student who is enrolled in a
67	school operating for the purpose of providing educational
68	services to youth in Department of Juvenile Justice commitment
69	programs shall not receive a McKay Scholarship during the period
70	of time that he or she is enrolled in such school. For purposes
71	of continuity of educational choice, the scholarship shall
72	remain in force until the student returns to a public school or
73	graduates from high school. However, at any time, the student's
74	parent may remove the student from the private school and place
75	the student in another private school that is eligible for the
76	program under subsection (4) or in a public school as provided
77	in subsection (3).
78	(6)  SCHOLARSHIP FUNDING AND PAYMENT.--
79	(e)  Following notification on July 1, September 1,
80	December 1, or February 1 of the number of program participants,
81	the Department of Education shall transfer, from General Revenue
82	funds only, the amount calculated under paragraph (b) from the
83	school district's total funding entitlement under the Florida
84	Education Finance Program and from authorized categorical
85	accounts to a separate account for the scholarship program for
86	quarterly disbursement to the parents of participating students.
87	For a student exiting a Department of Juvenile Justice
88	commitment program who chooses to participate in the scholarship
89	program, the amount of the McKay Scholarship calculated pursuant
90	to paragraph (b) shall be transferred from the school district
91	in which the student last attended a public school prior to
92	commitment to the Department of Juvenile Justice. When a student
93	enters the scholarship program, the Department of Education must
94	receive all documentation required for the student's
95	participation, including the private school's and student's fee
96	schedules, at least 30 days before the first quarterly
97	scholarship payment is made for the student. The Department of
98	Education may not make any retroactive payments.
99	Section 2.  This act shall take effect July 1, 2005.

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