HB 75

1
A bill to be entitled
2An act relating to the John M. McKay Scholarships for
3Students with Disabilities Program; amending s. 1002.39,
4F.S.; revising definition of the term "students with
5disabilities"; revising student eligibility requirements
6for receipt of a scholarship; revising provisions relating
7to scholarship funding and payment; providing funding and
8payment requirements for former Florida School for the
9Deaf and the Blind students and for students exiting a
10Department of Juvenile Justice program; providing an
11effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Subsections (1), (2), and (6) of section
161002.39, Florida Statutes, are amended to read:
17     1002.39  The John M. McKay Scholarships for Students with
18Disabilities Program.--There is established a program that is
19separate and distinct from the Opportunity Scholarship Program
20and is named the John M. McKay Scholarships for Students with
21Disabilities Program, pursuant to this section.
22     (1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
23DISABILITIES PROGRAM.--The John M. McKay Scholarships for
24Students with Disabilities Program is established to provide the
25option to attend a public school other than the one to which
26assigned, or to provide a scholarship to a private school of
27choice, for students with disabilities for whom an individual
28education plan has been written in accordance with rules of the
29State Board of Education. Students with disabilities include K-
3012 students who are documented as having mental retardation; a
31mentally handicapped, speech or and language impairment; a
32impaired, deaf or hard of hearing impairment, including
33deafness; a visual impairment, including blindness; a visually
34impaired, dual sensory impairment; a physical impairment; a
35serious emotional disturbance, including an emotional handicap;
36a impaired, physically impaired, emotionally handicapped,
37specific learning disability, including, but not limited to,
38dyslexia, dyscalculia, or developmental aphasia; a traumatic
39brain injury; disabled, hospitalized or homebound, or autism
40autistic.
41     (2)  SCHOLARSHIP ELIGIBILITY.--The parent of a public
42school student with a disability who is dissatisfied with the
43student's progress may request and receive from the state a John
44M. McKay Scholarship for the child to enroll in and attend a
45private school in accordance with this section if:
46     (a)  By assigned school attendance area or by special
47assignment, The student has spent the prior school year in
48attendance at a Florida public school or the Florida School for
49the Deaf and the Blind. Prior school year in attendance means
50that the student was:
51     1.  Enrolled and reported by a school district for funding
52during the preceding October and February Florida Education
53Finance Program surveys in kindergarten through grade 12, which
54shall include time spent in a Department of Juvenile Justice
55commitment program if funded under the Florida Education Finance
56Program; or
57     2.  Enrolled and reported by the Florida School for the
58Deaf and the Blind during the preceding October and February
59student membership surveys in kindergarten through grade 12.
60
61However, this paragraph does not apply to a dependent child of a
62member of the United States Armed Forces who transfers to a
63school in this state from out of state or from a foreign country
64pursuant to a parent's permanent change of station orders is
65exempt from this paragraph but. A dependent child of a member of
66the United States Armed Forces who transfers to a school in this
67state from out of state or from a foreign country pursuant to a
68parent's permanent change of station orders must meet all other
69eligibility requirements to participate in the program.
70     (b)  The parent has obtained acceptance for admission of
71the student to a private school that is eligible for the program
72under subsection (4) and has notified the school district of the
73request for a scholarship at least 60 days prior to the date of
74the first scholarship payment. The parental notification must be
75through a communication directly to the district or through the
76Department of Education to the district in a manner that creates
77a written or electronic record of the notification and the date
78of receipt of the notification.
79
80This section does not apply to A student who is enrolled in a
81school operating for the purpose of providing educational
82services to youth in Department of Juvenile Justice commitment
83programs shall not receive a John M. McKay Scholarship during
84the period of time that he or she is enrolled in such school.
85For purposes of continuity of educational choice, the
86scholarship shall remain in force until the student returns to a
87public school or graduates from high school. However, at any
88time, the student's parent may remove the student from the
89private school and place the student in another private school
90that is eligible for the program under subsection (4) or in a
91public school as provided in subsection (3).
92     (6)  SCHOLARSHIP FUNDING AND PAYMENT.--
93     (a)1.  The maximum scholarship granted for an eligible
94student with disabilities shall be a calculated amount
95equivalent to the base student allocation in the Florida
96Education Finance Program multiplied by the appropriate cost
97factor for the educational program that would have been provided
98for the student in the district school to which he or she was
99assigned, multiplied by the district cost differential.
100     2.  In addition, a share of the guaranteed allocation for
101exceptional students shall be determined and added to the
102calculated amount. The calculation shall be based on the
103methodology and the data used to calculate the guaranteed
104allocation for exceptional students for each district in chapter
1052000-166, Laws of Florida. Except as provided in subparagraphs
106subparagraph 3. and 4., the calculation shall be based on the
107student's grade, matrix level of services, and the difference
108between the 2000-2001 basic program and the appropriate level of
109services cost factor, multiplied by the 2000-2001 base student
110allocation and the 2000-2001 district cost differential for the
111sending district. Also, the calculated amount shall include the
112per-student share of supplemental academic instruction funds,
113instructional materials funds, technology funds, and other
114categorical funds as provided for such purposes in the General
115Appropriations Act.
116     3.  The calculated scholarship amount for a student who has
117spent the prior school year in attendance at the Florida School
118for the Deaf and the Blind shall be calculated as provided in
119subparagraphs 1. and 2. However, the calculation shall be based
120on the school district in which the parent resides at the time
121of the scholarship request.
122     4.3.  Until the school district completes the matrix
123required by paragraph (3)(b), the calculation shall be based on
124the matrix that assigns the student to support level I of
125service as it existed prior to the 2000-2001 school year. When
126the school district completes the matrix, the amount of the
127payment shall be adjusted as needed.
128     (b)  The amount of the John M. McKay Scholarship shall be
129the calculated amount or the amount of the private school's
130tuition and fees, whichever is less. The amount of any
131assessment fee required by the participating private school may
132be paid from the total amount of the scholarship.
133     (c)  If the participating private school requires partial
134payment of tuition prior to the start of the academic year to
135reserve space for students admitted to the school, that partial
136payment may be paid by the Department of Education prior to the
137first quarterly payment of the year in which the John M. McKay
138Scholarship is awarded, up to a maximum of $1,000, and deducted
139from subsequent scholarship payments. If a student decides not
140to attend the participating private school, the partial
141reservation payment must be returned to the Department of
142Education by the participating private school. There is a limit
143of one reservation payment per student per year.
144     (c)(d)1.  The school district shall report all students who
145are attending a private school under this program. The students
146with disabilities attending private schools on John M. McKay
147Scholarships shall be reported separately from other students
148reported for purposes of the Florida Education Finance Program.
149     2.  For program participants who are eligible under
150subparagraph (2)(a)2., the school district that is used as the
151basis for the calculation of the scholarship amount as provided
152in subparagraph (a)3. shall:
153     a.  Report to the department all such students who are
154attending a private school under this program.
155     b.  Be held harmless for such students from the weighted
156enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.a.
157during the first school year in which the students are reported.
158     (d)(e)  Following notification on July 1, September 1,
159December 1, or February 1 of the number of program participants,
160the department of Education shall transfer, from General Revenue
161funds only, the amount calculated under paragraph (b) from the
162school district's total funding entitlement under the Florida
163Education Finance Program and from authorized categorical
164accounts to a separate account for the scholarship program for
165quarterly disbursement to the parents of participating students.
166Funds may not be transferred from any funding provided to the
167Florida School for the Deaf and the Blind for program
168participants who are eligible under subparagraph (2)(a)2. For a
169student exiting a Department of Juvenile Justice commitment
170program who chooses to participate in the scholarship program,
171the amount of the John M. McKay Scholarship calculated pursuant
172to paragraph (b) shall be transferred from the school district
173in which the student last attended a public school prior to
174commitment to the Department of Juvenile Justice. When a student
175enters the scholarship program, the department of Education must
176receive all documentation required for the student's
177participation, including the private school's and student's fee
178schedules, at least 30 days before the first quarterly
179scholarship payment is made for the student. The Department of
180Education may not make any retroactive payments.
181     (e)(f)  Upon proper documentation reviewed and approved by
182the Department of Education, the Chief Financial Officer shall
183make scholarship payments in four equal amounts no later than
184September 1, November 1, February 1, and April 15 of each
185academic year in which the scholarship is in force. The initial
186payment shall be made after Department of Education verification
187of admission acceptance, and subsequent payments shall be made
188upon verification of continued enrollment and attendance at the
189private school. Payment must be by individual warrant made
190payable to the student's parent and mailed by the Department of
191Education to the private school of the parent's choice, and the
192parent shall restrictively endorse the warrant to the private
193school for deposit into the account of the private school.
194     Section 2.  This act shall take effect upon becoming a law.


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