Bill Text: FL S1080 | 2018 | Regular Session | Introduced
Bill Title: John M. McKay Scholarships for Students with Disabilities Program
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2018-03-10 - Died in Education [S1080 Detail]
Download: Florida-2018-S1080-Introduced.html
Florida Senate - 2018 SB 1080 By Senator Baxley 12-00235A-18 20181080__ 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 specified eligibility 5 requirements do not apply to students in certain 6 grades beginning in a specified school year; revising 7 student eligibility criteria; providing for the 8 calculation of the scholarship amount for students 9 diagnosed with a disability by certain physicians or 10 psychologists; providing for the adjustment of the 11 scholarship amount under certain circumstances; 12 providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Present paragraph (b) of subsection (2) of 17 section 1002.39, Florida Statutes, is redesignated as paragraph 18 (c), subsection (1), paragraph (a) of subsection (2), and 19 paragraph (a) of subsection (11) of that section are amended, 20 and a new paragraph (b) is added to subsection (2) of that 21 section, to read: 22 1002.39 The John M. McKay Scholarships for Students with 23 Disabilities Program.—There is established a program that is 24 separate and distinct from the Opportunity Scholarship Program 25 and is named the John M. McKay Scholarships for Students with 26 Disabilities Program. 27 (1) THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH 28 DISABILITIES PROGRAM.—The John M. McKay Scholarships for 29 Students with Disabilities Program is established to provide the 30 option to attend a public school other than the one to which 31 assigned, or to provide a scholarship to a private school of 32 choice, for students with disabilities for whom: 33 (a) An individual educational plan has been written in 34 accordance with rules of the State Board of Education or 35 applicable rules of another state;or36 (b) A 504 accommodation plan has been issued under s. 504 37 of the Rehabilitation Act of 1973; or.38 (c) A diagnosis of a disability has been received from a 39 physician who is licensed under chapter 458 or chapter 459, a 40 psychologist who is licensed under chapter 490, or a physician 41 who holds an active license issued by another state or territory 42 of the United States, the District of Columbia, or the 43 Commonwealth of Puerto Rico. 44 45 Students with disabilities include K-12 students who are 46 documented as having an intellectual disability; a speech 47 impairment; a language impairment; a hearing impairment, 48 including deafness; a visual impairment, including blindness; a 49 dual sensory impairment; an orthopedic impairment; an other 50 health impairment; an emotional or behavioral disability; a 51 specific learning disability, including, but not limited to, 52 dyslexia, dyscalculia, or developmental aphasia; a traumatic 53 brain injury; a developmental delay; or autism spectrum 54 disorder. 55 (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a 56 student with a disability may request and receive from the state 57 a John M. McKay Scholarship for the child to enroll in and 58 attend a private school in accordance with this section if: 59 (a) The student has: 60 1. Received specialized instructional services under the 61 Voluntary Prekindergarten Education Program pursuant to s. 62 1002.66 during the previous school year and the student has a 63 current individual educational plan developed by the local 64 school board in accordance with rules of the State Board of 65 Education for the John M. McKay Scholarships for Students with 66 Disabilities Program or a 504 accommodation plan has been issued 67 under s. 504 of the Rehabilitation Act of 1973; or 68 2. Spent the prior school year in attendance at a Florida 69 public school or the Florida School for the Deaf and the Blind. 70 For purposes of this subparagraph, prior school year in 71 attendance means that the student was enrolled and reported by: 72 a. A school district for funding during the preceding 73 October and February Florida Education Finance Program surveys 74 in kindergarten through grade 12, which includes time spent in a 75 Department of Juvenile Justice commitment program if funded 76 under the Florida Education Finance Program; 77 b. The Florida School for the Deaf and the Blind during the 78 preceding October and February student membership surveys in 79 kindergarten through grade 12; or 80 c. A school district for funding during the preceding 81 October and February Florida Education Finance Program surveys, 82 was at least 4 years of age when so enrolled and reported, and 83 was eligible for services under s. 1003.21(1)(e). 84 85 However, a dependent child of a member of the United States 86 Armed Forces who transfers to a school in this state from out of 87 state or from a foreign country due to a parent’s permanent 88 change of station orders or a foster child is exempt from this 89 paragraph but must meet all other eligibility requirements to 90 participate in the program. For the 2018-2019 school year and 91 thereafter, a child in kindergarten through grade 5 is exempt 92 from this paragraph but must meet all other eligibility 93 requirements to participate in the program. 94 (b) The student is the subject of an individual educational 95 plan written in accordance with rules of the State Board of 96 Education or applicable rules of another state; has a 504 97 accommodation plan issued under s. 504 of the Rehabilitation Act 98 of 1973; or has received a diagnosis of a disability from a 99 physician who is licensed under chapter 458 or chapter 459, a 100 psychologist who is licensed under chapter 490, or a physician 101 who holds an active license issued by another state or territory 102 of the United States, the District of Columbia, or the 103 Commonwealth of Puerto Rico. 104 (11) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.— 105 (a)1. The maximum scholarship granted for an eligible 106 student with disabilities shall be equivalent to the base 107 student allocation in the Florida Education Finance Program 108 multiplied by the appropriate cost factor for the educational 109 program that would have been provided for the student in the 110 district school to which he or she was assigned, multiplied by 111 the district cost differential. 112 2. In addition, a share of the guaranteed allocation for 113 exceptional students shall be determined and added to the amount 114 in subparagraph 1. The calculation shall be based on the 115 methodology and the data used to calculate the guaranteed 116 allocation for exceptional students for each district in chapter 117 2000-166, Laws of Florida. Except as provided in subparagraphs 118 3. and 4., the calculation shall be based on the student’s 119 grade, matrix level of services, and the difference between the 120 2000-2001 basic program and the appropriate level of services 121 cost factor, multiplied by the 2000-2001 base student allocation 122 and the 2000-2001 district cost differential for the sending 123 district. The calculated amount shall include the per-student 124 share of supplemental academic instruction funds, instructional 125 materials funds, technology funds, and other categorical funds 126 as provided in the General Appropriations Act. 127 3. The scholarship amount for a student who is eligible 128 under sub-subparagraph (2)(a)2.b. shall be calculated as 129 provided in subparagraphs 1. and 2. However, the calculation 130 shall be based on the school district in which the parent 131 resides at the time of the scholarship request. 132 4. Until the school district completes the matrix required 133 by paragraph (5)(b), the calculation shall be based on the 134 matrix that assigns the student to support Level I of service as 135 it existed prior to the 2000-2001 school year. When the school 136 district completes the matrix, the amount of the payment shall 137 be adjusted as needed. 138 5. The scholarship amount for a student eligible under s. 139 504 of the Rehabilitation Act of 1973 shall be based on the 140 program cost factor the student currently generates through the 141 Florida Education Finance Program. 142 6. The scholarship amount for a student eligible under 143 paragraph (2)(b) shall be based on the matrix assigning the 144 student to support Level II of service. However, if a parent 145 receives an individual educational plan and a matrix of services 146 from the school district pursuant to subsection (5), the 147 scholarship amount shall be adjusted when the school district 148 completes the matrix. 149 7.6.The scholarship amount granted for an eligible student 150 with disabilities is not subject to the maximum value for 151 funding a student under s. 1011.61(4). 152 Section 2. This act shall take effect July 1, 2018.