Florida Senate - 2013 SB 172 By Senator Diaz de la Portilla 40-00182-13 2013172__ 1 A bill to be entitled 2 An act relating to the John M. McKay scholarships for 3 students with disabilities program; amending s. 4 1002.39, F.S.; revising the eligibility requirements 5 for the John M. McKay scholarships for students with 6 disabilities program; deleting the requirement that a 7 student must have spent the prior school year in 8 attendance at a Florida public school; providing an 9 effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Paragraph (a) of subsection (2) of section 14 1002.39, Florida Statutes, is amended to read: 15 1002.39 The John M. McKay Scholarships for Students with 16 Disabilities Program.—There is established a program that is 17 separate and distinct from the Opportunity Scholarship Program 18 and is named the John M. McKay Scholarships for Students with 19 Disabilities Program. 20 (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a 21 student with a disability may request and receive from the state 22 a John M. McKay Scholarship for the child to enroll in and 23 attend a private school in accordance with this section if: 24 (a) The student has: 25 1.
Received specialized instructional services under the26 Voluntary Prekindergarten Education Program pursuant to s.27 1002.66 during the previous school year and the student hasA 28 current individual educational plan developed by the local 29 school board in accordance with rules of the State Board of 30 Education for the John M. McKay Scholarships for Students with 31 Disabilities Program or a 504 accommodation plan has been issued 32 under s. 504 of the Rehabilitation Act of 1973; 33 2. Spent the prior school year in attendance at a Florida34 public school orthe Florida School for the Deaf and the Blind. 35 For purposes of this subparagraph, prior school year in 36 attendance means that the student was enrolled and reported by: 37 a. A school district for funding during the preceding 38 October and February Florida Education Finance Program surveys 39 in kindergarten through grade 12, which includes time spent in a 40 Department of Juvenile Justice commitment program if funded 41 under the Florida Education Finance Program; 42 b. The Florida School for the Deaf and the Blind during the 43 preceding October and February student membership surveys in 44 kindergarten through grade 12; or 45 c. A school district for funding during the preceding 46 October and February Florida Education Finance Program surveys, 47 was at least 4 years of age when so enrolled and reported, and 48 was eligible for services under s. 1003.21(1)(e); or 49 3. Been enrolled and reported by a school district for 50 funding, during the October and February Florida Education 51 Finance Program surveys, in any of the 5 years prior to the 52 2010-2011 fiscal year; has a current individualized educational 53 plan developed by the district school board in accordance with 54 rules of the State Board of Education for the John M. McKay 55 Scholarship Program no later than June 30, 2011; and receives a 56 first-time John M. McKay scholarship for the 2011-2012 school 57 year. Upon request of the parent, the local school district 58 shall complete a matrix of services as required in subparagraph 59 (5)(b)1. for a student requesting a current individualized 60 educational plan in accordance with the provisions of this 61 subparagraph. 62 63 However, a dependent child of a member of the United States 64 Armed Forces who transfers to a school in this state from out of 65 state or from a foreign country due to a parent’s permanent 66 change of station orders is exempt from this paragraph but must 67 meet all other eligibility requirements to participate in the 68 program. 69 Section 2. This act shall take effect July 1, 2013.