Bill Text: FL H1329 | 2011 | Regular Session | Comm Sub

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Bill Title: McKay Scholarships/Students with Disabilities

Spectrum: Strong Partisan Bill (Republican 13-1)

Status: (Engrossed - Dead) 2011-05-02 - Ordered enrolled -HJ 1004 [H1329 Detail]

Download: Florida-2011-H1329-Comm_Sub.html

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CS/HB 1329

1	A bill to be entitled
2	An act relating to the John M. McKay Scholarships for
3	Students with Disabilities Program; amending s. 1002.39,
4	F.S.; making scholarships available to students with
5	disabilities who have a 504 accommodation plan issued
6	under s. 504 of the federal Rehabilitation Act; allowing a
7	parent to request and receive a scholarship for a student
8	to enroll in and attend a private school if the student
9	has a 504 accommodation plan; providing that students with
10	certain temporary 504 accommodation plans are ineligible
11	for a scholarship; requiring that the school district
12	notify a parent of available options within 10 days after
13	a 504 accommodation plan is issued; providing that a
14	parent may choose to enroll the student in a public school
15	in an adjacent district under certain conditions;
16	providing for scholarship amounts; providing an effective
17	date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Subsection (1), paragraph (a) of subsection
22	(2), subsection (3), paragraphs (a) and (e) of subsection (5),
23	and paragraph (a) of subsection (10) of section 1002.39, Florida
24	Statutes, are amended to read:
25	1002.39  The John M. McKay Scholarships for Students with
26	Disabilities Program.-There is established a program that is
27	separate and distinct from the Opportunity Scholarship Program
28	and is named the John M. McKay Scholarships for Students with
29	Disabilities Program.
30	(1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
31	DISABILITIES PROGRAM.-The John M. McKay Scholarships for
32	Students with Disabilities Program is established to provide the
33	option to attend a public school other than the one to which
34	assigned, or to provide a scholarship to a private school of
35	choice, for students with disabilities for whom:
36	(a)  An individual educational plan has been written in
37	accordance with rules of the State Board of Education; or
38	(b)  A 504 accommodation plan has been issued under s. 504
39	of the Rehabilitation Act of 1973.
40
41	Students with disabilities include K-12 students who are
42	documented as having an intellectual disability; a speech
43	impairment; a language impairment; a hearing impairment,
44	including deafness; a visual impairment, including blindness; a
45	dual sensory impairment; an orthopedic impairment; an other
46	health impairment; an emotional or behavioral disability; a
47	specific learning disability, including, but not limited to,
48	dyslexia, dyscalculia, or developmental aphasia; a traumatic
49	brain injury; a developmental delay; or autism spectrum
50	disorder.
51	(2)  JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.-The parent of a
52	student with a disability may request and receive from the state
53	a John M. McKay Scholarship for the child to enroll in and
54	attend a private school in accordance with this section if:
55	(a)  The student has:
56	1.  Received specialized instructional services under the
57	Voluntary Prekindergarten Education Program pursuant to s.
58	1002.66 during the previous school year and the student has a
59	current individual educational plan developed by the local
60	school board in accordance with rules of the State Board of
61	Education for the John M. McKay Scholarships for Students with
62	Disabilities Program or a 504 accommodation plan has been issued
63	under s. 504 of the Rehabilitation Act of 1973;
64	2.  Spent the prior school year in attendance at a Florida
65	public school or the Florida School for the Deaf and the Blind.
66	For purposes of this subparagraph, prior school year in
67	attendance means that the student was enrolled and reported by:
68	a.  A school district for funding during the preceding
69	October and February Florida Education Finance Program surveys
70	in kindergarten through grade 12, which includes time spent in a
71	Department of Juvenile Justice commitment program if funded
72	under the Florida Education Finance Program;
73	b.  The Florida School for the Deaf and the Blind during
74	the preceding October and February student membership surveys in
75	kindergarten through grade 12; or
76	c.  A school district for funding during the preceding
77	October and February Florida Education Finance Program surveys,
78	was at least 4 years of age when so enrolled and reported, and
79	was eligible for services under s. 1003.21(1)(e); or
80	3.  Been enrolled and reported by a school district for
81	funding, during the October and February Florida Education
82	Finance Program surveys, in any of the 5 years prior to the
83	2010-2011 fiscal year; has a current individualized educational
84	plan developed by the district school board in accordance with
85	rules of the State Board of Education for the John M. McKay
86	Scholarship Program no later than June 30, 2011; and receives a
87	first-time John M. McKay scholarship for the 2011-2012 school
88	year. Upon request of the parent, the local school district
89	shall complete a matrix of services as required in subparagraph
90	(5)(b)1. for a student requesting a current individualized
91	educational plan in accordance with the provisions of this
92	subparagraph.
93
94	However, a dependent child of a member of the United States
95	Armed Forces who transfers to a school in this state from out of
96	state or from a foreign country due to a parent's permanent
97	change of station orders is exempt from this paragraph but must
98	meet all other eligibility requirements to participate in the
99	program.
100	(3)  JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.-A student is
101	not eligible for a John M. McKay Scholarship while he or she is:
102	(a)  While he or she is enrolled in a school operating for
103	the purpose of providing educational services to youth in
104	Department of Juvenile Justice commitment programs;
105	(b)  While he or she is receiving a Florida tax credit
106	scholarship under s. 1002.395;
107	(c)  While he or she is receiving an educational
108	scholarship pursuant to this chapter;
109	(d)  While he or she is participating in a home education
110	program as defined in s. 1002.01(1);
111	(e)  While he or she is participating in a private tutoring
112	program pursuant to s. 1002.43;
113	(f)  While he or she is participating in a virtual school,
114	correspondence school, or distance learning program that
115	receives state funding pursuant to the student's participation
116	unless the participation is limited to no more than two courses
117	per school year;
118	(g)  While he or she is enrolled in the Florida School for
119	the Deaf and the Blind; or
120	(h)  While he or she is not having regular and direct
121	contact with his or her private school teachers at the school's
122	physical location; or
123	(i)  If he or she has been issued a temporary 504
124	accommodation plan under s. 504 of the Rehabilitation Act of
125	1973 which is valid for 6 months or less.
126	(5)  SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.-
127	(a)1.  By April 1 of each year and within 10 days after an
128	individual education plan meeting or a 504 accommodation plan is
129	issued under s. 504 of the Rehabilitation Act of 1973, a school
130	district shall notify the parent of the student of all options
131	available pursuant to this section, inform the parent of the
132	availability of the department's telephone hotline and Internet
133	website for additional information on John M. McKay
134	Scholarships, and offer that student's parent an opportunity to
135	enroll the student in another public school in within the
136	district.
137	2.  The parent is not required to accept the offer of
138	enrolling in another public school in lieu of requesting a John
139	M. McKay Scholarship to a private school. However, if the parent
140	chooses the public school option, the student may continue
141	attending a public school chosen by the parent until the student
142	graduates from high school.
143	3.  If the parent chooses a public school consistent with
144	the district school board's choice plan under s. 1002.31, the
145	school district shall provide transportation to the public
146	school selected by the parent. The parent is responsible to
147	provide transportation to a public school chosen that is not
148	consistent with the district school board's choice plan under s.
149	1002.31.
150	(e)  The parent of a student may choose, as an alternative,
151	to enroll the student in and transport the student to a public
152	school in an adjacent school district which has available space
153	and has a program with the services agreed to in the student's
154	individual education plan or 504 accommodation plan already in
155	place, and that school district shall accept the student and
156	report the student for purposes of the district's funding
157	pursuant to the Florida Education Finance Program.
158	(10)  JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.-
159	(a)1.  The maximum scholarship granted for an eligible
160	student with disabilities shall be equivalent to the base
161	student allocation in the Florida Education Finance Program
162	multiplied by the appropriate cost factor for the educational
163	program that would have been provided for the student in the
164	district school to which he or she was assigned, multiplied by
165	the district cost differential.
166	2.  In addition, a share of the guaranteed allocation for
167	exceptional students shall be determined and added to the amount
168	in subparagraph 1. The calculation shall be based on the
169	methodology and the data used to calculate the guaranteed
170	allocation for exceptional students for each district in chapter
171	2000-166, Laws of Florida. Except as provided in subparagraphs
172	3. and 4., the calculation shall be based on the student's
173	grade, matrix level of services, and the difference between the
174	2000-2001 basic program and the appropriate level of services
175	cost factor, multiplied by the 2000-2001 base student allocation
176	and the 2000-2001 district cost differential for the sending
177	district. The calculated amount shall include the per-student
178	share of supplemental academic instruction funds, instructional
179	materials funds, technology funds, and other categorical funds
180	as provided in the General Appropriations Act.
181	3.  The scholarship amount for a student who is eligible
182	under sub-subparagraph (2)(a)2.b. shall be calculated as
183	provided in subparagraphs 1. and 2. However, the calculation
184	shall be based on the school district in which the parent
185	resides at the time of the scholarship request.
186	4.  Until the school district completes the matrix required
187	by paragraph (5)(b), the calculation shall be based on the
188	matrix that assigns the student to support level I of service as
189	it existed prior to the 2000-2001 school year. When the school
190	district completes the matrix, the amount of the payment shall
191	be adjusted as needed.
192	5.  The scholarship amount for a student eligible under s.
193	504 of the Rehabilitation Act of 1973 shall be based on the
194	program cost factor the student currently generates through the
195	Florida Education Finance Program.
196	Section 2.  This act shall take effect July 1, 2011.

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