CS/HB 1331

1	A bill to be entitled
2	An act relating to school choice; amending s. 1002.38,
3	F.S.; revising legislative intent and eligibility
4	requirements for participation in the Opportunity
5	Scholarship Program; deleting provisions that authorize an
6	opportunity scholarship for attendance at a private
7	school; requiring that an opportunity scholarship remain
8	in force until the student graduates from high school;
9	revising school district obligations and deleting
10	provisions relating to private schools to conform to
11	changes made by the act; amending ss. 1001.42 and 1002.20,
12	F.S.; conforming provisions to changes made by the act;
13	deleting an obsolete provision relating to the John M.
14	McKay Scholarships for Students with Disabilities Program;
15	providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Section 1002.38, Florida Statutes, is amended
20	to read:
21	1002.38  Opportunity Scholarship Program.-
22	(1)  FINDINGS AND INTENT.-The purpose of this section is to
23	provide enhanced opportunity for students in this state to gain
24	the knowledge and skills necessary for postsecondary education,
25	a career education, or the world of work. The Legislature
26	recognizes that the voters of the State of Florida, in the
27	November 1998 general election, amended s. 1, Art. IX of the
28	Florida Constitution so as to make education a paramount duty of
29	the state. The Legislature finds that the State Constitution
30	requires the state to provide a uniform, safe, secure,
31	efficient, and high-quality system which allows the opportunity
32	to obtain a high-quality education. The Legislature further
33	finds that a student should not be compelled, against the wishes
34	of the student's parent, to remain in a school found by the
35	state to be failing for 2 years in a 4-year period. The
36	Legislature shall make available opportunity scholarships in
37	order to give parents the opportunity for their children to
38	attend a public school that is performing satisfactorily or to
39	attend an eligible private school when the parent chooses to
40	apply the equivalent of the public education funds generated by
41	his or her child to the cost of tuition in the eligible private
42	school as provided in paragraph (6)(a). Eligibility of a private
43	school shall include the control and accountability requirements
44	that, coupled with the exercise of parental choice, are
45	reasonably necessary to secure the educational public purpose,
46	as delineated in subsection (4).
47	(2)  OPPORTUNITY SCHOLARSHIP ELIGIBILITY.-
48	(a)  A public school student's parent may request and
49	receive from the state an opportunity scholarship for the
50	student to enroll in and attend a public private school in
51	accordance with the provisions of this section if:
52	(a)1.  By assigned school attendance area or by special
53	assignment, the student has spent the prior school year in
54	attendance at a public school that has been designated pursuant
55	to s. 1008.34 as performance grade category "D" or "F," failing
56	to make adequate progress, and that is in one of the two lowest-
57	performing categories pursuant to s. 1008.33 has had 2 school
58	years in a 4-year period of such low performance, and the
59	student's attendance occurred during a school year in which such
60	designation was in effect;
61	2.  The student has been in attendance elsewhere in the
62	public school system and has been assigned to such school for
63	the next school year; or
64	3.  The student is entering kindergarten or first grade and
65	has been notified that he or she the student has been assigned
66	to such school for the next school year.
67	(b)  The parent has obtained acceptance for admission of
68	the student to a private school eligible for the program
69	pursuant to subsection (4), and has notified the Department of
70	Education and the school district of the request for an
71	opportunity scholarship no later than July 1 of the first year
72	in which the student intends to use the scholarship.
73	(b)  The provisions of This section does shall not apply to
74	a student who is enrolled in a school operating for the purpose
75	of providing educational services to youth in Department of
76	Juvenile Justice commitment programs. For purposes of continuity
77	of educational choice, the opportunity scholarship shall remain
78	in force until the student graduates from high school returns to
79	a public school or, if the student chooses to attend a private
80	school the highest grade of which is grade 8, until the student
81	matriculates to high school and the public high school to which
82	the student is assigned is an accredited school with a
83	performance grade category designation of "C" or better.
84	However, at any time upon reasonable notice to the Department of
85	Education and the school district, the student's parent may
86	remove the student from the private school and place the student
87	in a public school, as provided in subparagraph (3)(a)2.
88	(3)  SCHOOL DISTRICT OBLIGATIONS.-
89	(a)  A school district shall, for each student enrolled in
90	or assigned to a school that has been designated as provided in
91	subsection (2) performance grade category "F" for 2 school years
92	in a 4-year period:
93	1.  Timely notify the parent of the student as soon as such
94	designation is made of all options available pursuant to this
95	section.
96	2.  Offer that student's parent an opportunity to enroll
97	the student in a the public school within the district that has
98	been designated by the state pursuant to s. 1008.34 as a school
99	performing higher than that in which the student is currently
100	enrolled or to which the student has been assigned, but not less
101	than performance grade category "C." The parent is not required
102	to accept this offer in lieu of requesting a state opportunity
103	scholarship to a private school. The student shall have the
104	opportunity to continue attendance in attending the higher-
105	performing higher performing public school feeder pattern shall
106	remain in force until the student graduates from high school.
107	(b)  The parent of a student enrolled in or assigned to a
108	school that has been designated as provided in subsection (2)
109	performance grade category "F" for 2 school years in a 4-year
110	period may choose as an alternative to subparagraph (a)2. to
111	enroll the student in and transport the student to a higher-
112	performing public school that has available space in any other
113	an adjacent school district in the state, and that school
114	district shall accept the student and report the student for
115	purposes of the district's funding pursuant to the Florida
116	Education Finance Program.
117	(c)  For students in the school district who are
118	participating in the state Opportunity Scholarship Program, the
119	school district shall provide locations and times to take all
120	statewide assessments required pursuant to s. 1008.22.
121	(d)  Students with disabilities who are eligible to receive
122	services from the school district under federal or state law,
123	and who participate in this program, remain eligible to receive
124	services from the school district as provided by federal or
125	state law.
126	(e)  If for any reason a qualified private school is not
127	available for the student or If the parent chooses to request
128	that the student be enrolled in a higher-performing the higher
129	performing public school in the school district, rather than
130	choosing to request the state opportunity scholarship,
131	transportation costs to the higher-performing higher performing
132	public school shall be the responsibility of the school
133	district. The district may utilize state categorical
134	transportation funds or state-appropriated public school choice
135	incentive funds for this purpose.
136	(4)  PRIVATE SCHOOL ELIGIBILITY.-To be eligible to
137	participate in the Opportunity Scholarship Program, a private
138	school must be a Florida private school, may be sectarian or
139	nonsectarian, and must:
140	(a)  Demonstrate fiscal soundness by being in operation for
141	1 school year or provide the Department of Education with a
142	statement by a certified public accountant confirming that the
143	private school desiring to participate is insured and the owner
144	or owners have sufficient capital or credit to operate the
145	school for the upcoming year serving the number of students
146	anticipated with expected revenues from tuition and other
147	sources that may be reasonably expected. In lieu of such a
148	statement, a surety bond or letter of credit for the amount
149	equal to the opportunity scholarship funds for any quarter may
150	be filed with the department.
151	(b)  Notify the Department of Education and the school
152	district in whose service area the school is located of its
153	intent to participate in the program under this section by May 1
154	of the school year preceding the school year in which it intends
155	to participate. The notice shall specify the grade levels and
156	services that the private school has available for the
157	Opportunity Scholarship Program.
158	(c)  Comply with the antidiscrimination provisions of 42
159	U.S.C. s. 2000d.
160	(d)  Meet state and local health and safety laws and codes.
161	(e)  Accept scholarship students on an entirely random and
162	religious-neutral basis without regard to the student's past
163	academic history; however, the private school may give
164	preference in accepting applications to siblings of students who
165	have already been accepted on a random and religious-neutral
166	basis.
167	(f)  Be subject to the instruction, curriculum, and
168	attendance criteria adopted by an appropriate nonpublic school
169	accrediting body and be academically accountable to the parent
170	for meeting the educational needs of the student. The private
171	school must furnish a school profile which includes student
172	performance.
173	(g)  Employ or contract with teachers who hold a
174	baccalaureate or higher degree, or have at least 3 years of
175	teaching experience in public or private schools, or have
176	special skills, knowledge, or expertise that qualifies them to
177	provide instruction in subjects taught.
178	(h)  Comply with all state statutes relating to private
179	schools.
180	(i)  Accept as full tuition and fees the amount provided by
181	the state for each student.
182	(j)  Agree not to compel any student attending the private
183	school on an opportunity scholarship to profess a specific
184	ideological belief, to pray, or to worship.
185	(k)  Adhere to the tenets of its published disciplinary
186	procedures prior to the expulsion of any opportunity scholarship
187	student.
188	(5)  OBLIGATION OF PROGRAM PARTICIPATION.-
189	(a)  Any student participating in the Opportunity
190	Scholarship Program must remain in attendance throughout the
191	school year, unless excused by the school for illness or other
192	good cause, and must comply fully with the school's code of
193	conduct.
194	(b)  The parent of each student participating in the
195	Opportunity Scholarship Program must comply fully with the
196	private school's parental involvement requirements, unless
197	excused by the school for illness or other good cause.
198	(c)  The parent shall ensure that the student participating
199	in the Opportunity Scholarship Program takes all statewide
200	assessments required pursuant to s. 1008.22.
201	(d)  A participant who fails to comply with this subsection
202	shall forfeit the opportunity scholarship.
203	(6)  OPPORTUNITY SCHOLARSHIP FUNDING AND PAYMENT.-
204	(a)  The maximum opportunity scholarship granted for an
205	eligible student shall be a calculated amount equivalent to the
206	base student allocation in the Florida Education Finance Program
207	multiplied by the appropriate cost factor for the educational
208	program that would have been provided for the student in the
209	district school to which he or she was assigned, multiplied by
210	the district cost differential. In addition, the calculated
211	amount shall include the per-student share of instructional
212	materials funds, technology funds, and other categorical funds
213	as provided for this purpose in the General Appropriations Act.
214	(b)  The amount of the opportunity scholarship shall be the
215	calculated amount or the amount of the private school's tuition
216	and fees, whichever is less. Fees eligible shall include
217	textbook fees, lab fees, and other fees related to instruction,
218	including transportation.
219	(c)  The school district shall report all students who are
220	attending a private school under this program. The students
221	attending private schools on opportunity scholarships shall be
222	reported separately from those students reported for purposes of
223	the Florida Education Finance Program.
224	(d)  The public or private school that provides services to
225	students with disabilities shall receive the weighted funding
226	for such services at the appropriate funding level consistent
227	with the provisions of s. 1011.62(1)(e).
228	(e)  For purposes of calculating the opportunity
229	scholarship, a student will be eligible for the amount of the
230	appropriate basic cost factor if:
231	1.  The student currently participates in a Group I program
232	funded at the basic cost factor and is not subsequently
233	identified as having a disability; or
234	2.  The student currently participates in a Group II
235	program and the parent has chosen a private school that does not
236	provide the additional services funded by the Group II program.
237	(f)  Following annual notification on July 1 of the number
238	of participants, the Department of Education shall transfer from
239	each school district's appropriated funds the calculated amount
240	from the Florida Education Finance Program and authorized
241	categorical accounts to a separate account for the Opportunity
242	Scholarship Program for quarterly disbursement to the parents of
243	participating students.
244	(g)  Upon proper documentation reviewed and approved by the
245	Department of Education, the Chief Financial Officer shall make
246	opportunity scholarship payments in four equal amounts no later
247	than September 1, November 1, February 1, and April 1 of each
248	academic year in which the opportunity scholarship is in force.
249	The initial payment shall be made after Department of Education
250	verification of admission acceptance, and subsequent payments
251	shall be made upon verification of continued enrollment and
252	attendance at the private school. Payment must be by individual
253	warrant made payable to the student's parent and mailed by the
254	Department of Education to the private school of the parent's
255	choice, and the parent shall restrictively endorse the warrant
256	to the private school.
257	(7)  LIABILITY.-No liability shall arise on the part of the
258	state based on any grant or use of an opportunity scholarship.
259	(4)(8)  RULES.-The State Board of Education may adopt rules
260	pursuant to ss. 120.536(1) and 120.54 to implement the
261	provisions of this section. Rules shall include penalties for
262	noncompliance with subsections (3) and (5). However, the
263	inclusion of eligible private schools within options available
264	to Florida public school students does not expand the regulatory
265	authority of the state, its officers, or any school district to
266	impose any additional regulation of private schools beyond those
267	reasonably necessary to enforce requirements expressly set forth
268	in this section.
269	Section 2.  Subsection (20) of section 1001.42, Florida
270	Statutes, is amended to read:
271	1001.42  Powers and duties of district school board.-The
272	district school board, acting as a board, shall exercise all
273	powers and perform all duties listed below:
274	(20)  OPPORTUNITY SCHOLARSHIPS.-Adopt policies allowing
275	students attending schools that have been designated with a
276	grade of "D" or "F," pursuant to s. 1008.34 and that are in one
277	of the two lowest-performing categories pursuant to s. 1008.33
278	failing to make adequate progress, for 2 school years in a 4-
279	year period to attend a higher-performing higher performing
280	school in the district or any other an adjoining district in the
281	state or be granted a state opportunity scholarship to a private
282	school, in conformance with s. 1002.38 and State Board of
283	Education rule.
284	Section 3.  Paragraph (b) of subsection (6) of section
285	1002.20, Florida Statutes, is amended to read:
286	1002.20  K-12 student and parent rights.-Parents of public
287	school students must receive accurate and timely information
288	regarding their child's academic progress and must be informed
289	of ways they can help their child to succeed in school. K-12
290	students and their parents are afforded numerous statutory
291	rights including, but not limited to, the following:
292	(6)  EDUCATIONAL CHOICE.-
293	(b)  Private school choices.-Parents of public school
294	students may seek private school choice options under certain
295	programs.
296	1.  Under the Opportunity Scholarship Program, the parent
297	of a student in a failing public school may request and receive
298	an opportunity scholarship for the student to attend a private
299	school in accordance with the provisions of s. 1002.38.
300	1.2.  Under the McKay Scholarships for Students with
301	Disabilities Program, the parent of a public school student with
302	a disability who is dissatisfied with the student's progress may
303	request and receive a McKay Scholarship for the student to
304	attend a private school in accordance with the provisions of s.
305	1002.39.
306	2.3.  Under the Florida Tax Credit Scholarship Program, the
307	parent of a student who qualifies for free or reduced-price
308	school lunch may seek a scholarship from an eligible nonprofit
309	scholarship-funding organization in accordance with the
310	provisions of s. 1002.395.
311	Section 4.  This act shall take effect July 1, 2011.

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