Florida Senate - 2018 SB 564
By Senator Young
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.; providing that parents seeking an
5 individual education plan reevaluation may request a
6 specified meeting and evaluation from the school
7 district; specifying that a school district may change
8 a student’s matrix of services as a result of an
9 individual education plan reevaluation; providing an
10 effective date.
12 Be It Enacted by the Legislature of the State of Florida:
14 Section 1. Paragraphs (a) and (b) of subsection (5) of
15 section 1002.39, Florida Statutes, are amended to read:
16 1002.39 The John M. McKay Scholarships for Students with
17 Disabilities Program.—There is established a program that is
18 separate and distinct from the Opportunity Scholarship Program
19 and is named the John M. McKay Scholarships for Students with
20 Disabilities Program.
21 (5) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
22 (a)1. By April 1 of each year and within 10 days after an
23 individual education plan meeting or a 504 accommodation plan is
24 issued under s. 504 of the Rehabilitation Act of 1973, a school
25 district shall notify the parent of the student of all options
26 available pursuant to this section, inform the parent of the
27 availability of the department’s telephone hotline and
28 website for additional information on John M. McKay
29 Scholarships, and offer that student’s parent an opportunity to
30 enroll the student in another public school in the district.
31 2. A parent who seeks a reevaluation of an existing
32 individual education plan may request an individual education
33 plan meeting and evaluation from the school district to obtain
34 or revise a matrix of services.
35 3. 2. The parent is not required to accept the offer of
36 enrolling in another public school in lieu of requesting a John
37 M. McKay Scholarship to a private school. However, if the parent
38 chooses the public school option, the student may continue
39 attending a public school chosen by the parent until the student
40 graduates from high school.
41 4. 3. If the parent chooses a public school consistent with
42 the district school board’s choice plan under s. 1002.31, the
43 school district shall provide transportation to the public
44 school selected by the parent. The parent is responsible to
45 provide transportation to a public school chosen that is not
46 consistent with the district school board’s choice plan under s.
48 (b)1. For a student with disabilities who does not have a
49 matrix of services under s. 1011.62(1)(e), the school district
50 must complete a matrix that assigns the student to one of the
51 levels of service as they existed prior to the 2000-2001 school
53 2.a. Within 10 school days after it receives notification
54 of a parent’s request for a John M. McKay Scholarship, a school
55 district must notify the student’s parent if the matrix of
56 services has not been completed and inform the parent that the
57 district is required to complete the matrix within 30 days after
58 receiving notice of the parent’s request for a John M. McKay
59 Scholarship. This notice should include the required completion
60 date for the matrix.
61 b. The school district must complete the matrix of services
62 for any student who is participating in the John M. McKay
63 Scholarships for Students with Disabilities Program and must
64 notify the department of the student’s matrix level within 30
65 days after receiving notification of a request to participate in
66 the scholarship program. The school district must provide the
67 student’s parent with the student’s matrix level within 10
68 school days after its completion.
69 c. The department shall notify the private school of the
70 amount of the scholarship within 10 days after receiving the
71 school district’s notification of the student’s matrix level.
72 d. A school district may change a matrix of services only
73 if the change is the result of an individual education plan
74 reevaluation or is necessary to correct a technical,
75 typographical, or calculation error.
76 Section 2. This act shall take effect July 1, 2018.