Florida Senate - 2018 CS for SB 564
By the Committee on Appropriations; and 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 of certain
5 students who are seeking an individual education plan
6 reevaluation may request a specified meeting and
7 evaluation from the school district; requiring the
8 school district to conduct the meeting and
9 reevaluation within a specified timeframe; defining
10 the term “hospitalized or homebound”; specifying that
11 a school district may change a student’s matrix of
12 services as a result of an individual education plan
13 reevaluation; providing an effective date.
15 Be It Enacted by the Legislature of the State of Florida:
17 Section 1. Paragraphs (a) and (b) of subsection (5) of
18 section 1002.39, Florida Statutes, are amended to read:
19 1002.39 The John M. McKay Scholarships for Students with
20 Disabilities Program.—There is established a program that is
21 separate and distinct from the Opportunity Scholarship Program
22 and is named the John M. McKay Scholarships for Students with
23 Disabilities Program.
24 (5) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
25 (a)1. By April 1 of each year and within 10 days after an
26 individual education plan meeting or a 504 accommodation plan is
27 issued under s. 504 of the Rehabilitation Act of 1973, a school
28 district shall notify the parent of the student of all options
29 available pursuant to this section, inform the parent of the
30 availability of the department’s telephone hotline and
31 website for additional information on John M. McKay
32 Scholarships, and offer that student’s parent an opportunity to
33 enroll the student in another public school in the district.
34 2. If a student is hospitalized or homebound and his or her
35 parent seeks a reevaluation of an existing individual education
36 plan, the parent may request an individual education plan
37 meeting and evaluation from the school district to obtain or
38 revise a matrix of services. The school district shall conduct
39 the meeting and develop an individual education plan and a
40 revised matrix of services within 30 days after receipt of the
41 parent’s request for a reevaluation, in accordance with State
42 Board of Education rules. For purposes of this subparagraph, the
43 term “hospitalized or homebound” has the same meaning as
44 “hospital or homebound” in s. 1002.385(2)(d).
45 3. 2. The parent is not required to accept the offer of
46 enrolling in another public school in lieu of requesting a John
47 M. McKay Scholarship to a private school. However, if the parent
48 chooses the public school option, the student may continue
49 attending a public school chosen by the parent until the student
50 graduates from high school.
51 4. 3. If the parent chooses a public school consistent with
52 the district school board’s choice plan under s. 1002.31, the
53 school district shall provide transportation to the public
54 school selected by the parent. The parent is responsible to
55 provide transportation to a public school chosen that is not
56 consistent with the district school board’s choice plan under s.
58 (b)1. For a student with disabilities who does not have a
59 matrix of services under s. 1011.62(1)(e), the school district
60 must complete a matrix that assigns the student to one of the
61 levels of service as they existed prior to the 2000-2001 school
63 2.a. Within 10 school days after it receives notification
64 of a parent’s request for a John M. McKay Scholarship, a school
65 district must notify the student’s parent if the matrix of
66 services has not been completed and inform the parent that the
67 district is required to complete the matrix within 30 days after
68 receiving notice of the parent’s request for a John M. McKay
69 Scholarship. This notice should include the required completion
70 date for the matrix.
71 b. The school district must complete the matrix of services
72 for any student who is participating in the John M. McKay
73 Scholarships for Students with Disabilities Program and must
74 notify the department of the student’s matrix level within 30
75 days after receiving notification of a request to participate in
76 the scholarship program. The school district must provide the
77 student’s parent with the student’s matrix level within 10
78 school days after its completion.
79 c. The department shall notify the private school of the
80 amount of the scholarship within 10 days after receiving the
81 school district’s notification of the student’s matrix level.
82 d. A school district may change a matrix of services only
83 if the change is the result of an individual education plan
84 reevaluation or is necessary to correct a technical,
85 typographical, or calculation error.
86 Section 2. This act shall take effect July 1, 2018.