Bill Text: FL S1656 | 2011 | Regular Session | Comm Sub
Bill Title: McKay Scholarships/Students With Disabilities
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-04-29 - Read 2nd time -SJ 602 [S1656 Detail]
Download: Florida-2011-S1656-Comm_Sub.html
Florida Senate - 2011 CS for SB 1656 By the Committee on Education Pre-K - 12; and Senator Wise 581-04585-11 20111656c1 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.; making scholarships available to 5 students with disabilities who have a 504 6 accommodation plan issued under s. 504 of the federal 7 Rehabilitation Act; allowing a parent to request and 8 receive a scholarship for a student to enroll in and 9 attend a private school if the student has a 504 10 accommodation plan; providing that students with 11 certain temporary 504 accommodation plans are 12 ineligible for a scholarship; requiring that the 13 school district notify a parent of available options 14 within 10 days after a 504 accommodation plan is 15 issued; providing that a parent may choose to enroll 16 the student in a public school in an adjacent district 17 under certain conditions; providing for scholarship 18 amounts; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsection (1), paragraph (a) of subsection (2), 23 subsection (3), paragraphs (a) and (e) of subsection (5), and 24 paragraph (a) of subsection (10) of section 1002.39, Florida 25 Statutes, are amended to read: 26 1002.39 The John M. McKay Scholarships for Students with 27 Disabilities Program.—There is established a program that is 28 separate and distinct from the Opportunity Scholarship Program 29 and is named the John M. McKay Scholarships for Students with 30 Disabilities Program. 31 (1) THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH 32 DISABILITIES PROGRAM.—The John M. McKay Scholarships for 33 Students with Disabilities Program is established to provide the 34 option to attend a public school other than the one to which 35 assigned, or to provide a scholarship to a private school of 36 choice, for students with disabilities for whom: 37 (a) An individual educational plan has been written in 38 accordance with rules of the State Board of Education; or 39 (b) A 504 accommodation plan has been issued under s. 504 40 of the Rehabilitation Act of 1973. 41 42 Students with disabilities include K-12 students who are 43 documented as having an intellectual disability; a speech 44 impairment; a language impairment; a hearing impairment, 45 including deafness; a visual impairment, including blindness; a 46 dual sensory impairment; an orthopedic impairment; an other 47 health impairment; an emotional or behavioral disability; a 48 specific learning disability, including, but not limited to, 49 dyslexia, dyscalculia, or developmental aphasia; a traumatic 50 brain injury; a developmental delay; or autism spectrum 51 disorder. 52 (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a 53 student with a disability may request and receive from the state 54 a John M. McKay Scholarship for the child to enroll in and 55 attend a private school in accordance with this section if: 56 (a) The student has: 57 1. Received specialized instructional services under the 58 Voluntary Prekindergarten Education Program pursuant to s. 59 1002.66 during the previous school year and the student has a 60 current individual educational plan developed by the local 61 school board in accordance with rules of the State Board of 62 Education for the John M. McKay Scholarships for Students with 63 Disabilities Program or a 504 accommodation plan has been issued 64 under s. 504 of the Rehabilitation Act of 1973; 65 2. Spent the prior school year in attendance at a Florida 66 public school or the Florida School for the Deaf and the Blind. 67 For purposes of this subparagraph, prior school year in 68 attendance means that the student was enrolled and reported by: 69 a. A school district for funding during the preceding 70 October and February Florida Education Finance Program surveys 71 in kindergarten through grade 12, which includes time spent in a 72 Department of Juvenile Justice commitment program if funded 73 under the Florida Education Finance Program; 74 b. The Florida School for the Deaf and the Blind during the 75 preceding October and February student membership surveys in 76 kindergarten through grade 12; or 77 c. A school district for funding during the preceding 78 October and February Florida Education Finance Program surveys, 79 was at least 4 years of age when so enrolled and reported, and 80 was eligible for services under s. 1003.21(1)(e); or 81 3. Been enrolled and reported by a school district for 82 funding, during the October and February Florida Education 83 Finance Program surveys, in any of the 5 years prior to the 84 2010-2011 fiscal year; has a current individualized educational 85 plan developed by the district school board in accordance with 86 rules of the State Board of Education for the John M. McKay 87 Scholarship Program no later than June 30, 2011; and receives a 88 first-time John M. McKay scholarship for the 2011-2012 school 89 year. Upon request of the parent, the local school district 90 shall complete a matrix of services as required in subparagraph 91 (5)(b)1. for a student requesting a current individualized 92 educational plan in accordance with the provisions of this 93 subparagraph. 94 95 However, a dependent child of a member of the United States 96 Armed Forces who transfers to a school in this state from out of 97 state or from a foreign country due to a parent’s permanent 98 change of station orders is exempt from this paragraph but must 99 meet all other eligibility requirements to participate in the 100 program. 101 (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.—A student is 102 not eligible for a John M. McKay Scholarshipwhile he or she is: 103 (a) While he or she is enrolled in a school operating for 104 the purpose of providing educational services to youth in 105 Department of Juvenile Justice commitment programs; 106 (b) While he or she is receiving a Florida tax credit 107 scholarship under s. 1002.395; 108 (c) While he or she is receiving an educational scholarship 109 pursuant to this chapter; 110 (d) While he or she is participating in a home education 111 program as defined in s. 1002.01(1); 112 (e) While he or she is participating in a private tutoring 113 program pursuant to s. 1002.43; 114 (f) While he or she is participating in a virtual school, 115 correspondence school, or distance learning program that 116 receives state funding pursuant to the student’s participation 117 unless the participation is limited to no more than two courses 118 per school year; 119 (g) While he or she is enrolled in the Florida School for 120 the Deaf and the Blind;or121 (h) While he or she is not having regular and direct 122 contact with his or her private school teachers at the school’s 123 physical location; or 124 (i) If he or she has been issued a temporary 504 125 accommodation plan under s. 504 of the Rehabilitation Act of 126 1973 which is valid for 6 months or less. 127 (5) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.— 128 (a)1. By April 1 of each year and within 10 days after an 129 individual education plan meeting or a 504 accommodation plan is 130 issued under s. 504 of the Rehabilitation Act of 1973, a school 131 district shall notify the parent of the student of all options 132 available pursuant to this section, inform the parent of the 133 availability of the department’s telephone hotline and Internet 134 website for additional information on John M. McKay 135 Scholarships, and offer that student’s parent an opportunity to 136 enroll the student in another public school inwithinthe 137 district. 138 2. The parent is not required to accept the offer of 139 enrolling in another public school in lieu of requesting a John 140 M. McKay Scholarship to a private school. However, if the parent 141 chooses the public school option, the student may continue 142 attending a public school chosen by the parent until the student 143 graduates from high school. 144 3. If the parent chooses a public school consistent with 145 the district school board’s choice plan under s. 1002.31, the 146 school district shall provide transportation to the public 147 school selected by the parent. The parent is responsible to 148 provide transportation to a public school chosen that is not 149 consistent with the district school board’s choice plan under s. 150 1002.31. 151 (e) The parent of a student may choose, as an alternative, 152 to enroll the student in and transport the student to a public 153 school in an adjacent school district which has available space 154 and has a program with the services agreed to in the student’s 155 individual education plan or 504 accommodation plan already in 156 place, and that school district shall accept the student and 157 report the student for purposes of the district’s funding 158 pursuant to the Florida Education Finance Program. 159 (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.— 160 (a)1. The maximum scholarship granted for an eligible 161 student with disabilities shall be equivalent to the base 162 student allocation in the Florida Education Finance Program 163 multiplied by the appropriate cost factor for the educational 164 program that would have been provided for the student in the 165 district school to which he or she was assigned, multiplied by 166 the district cost differential. 167 2. In addition, a share of the guaranteed allocation for 168 exceptional students shall be determined and added to the amount 169 in subparagraph 1. The calculation shall be based on the 170 methodology and the data used to calculate the guaranteed 171 allocation for exceptional students for each district in chapter 172 2000-166, Laws of Florida. Except as provided in subparagraphs 173 3. and 4., the calculation shall be based on the student’s 174 grade, matrix level of services, and the difference between the 175 2000-2001 basic program and the appropriate level of services 176 cost factor, multiplied by the 2000-2001 base student allocation 177 and the 2000-2001 district cost differential for the sending 178 district. The calculated amount shall include the per-student 179 share of supplemental academic instruction funds, instructional 180 materials funds, technology funds, and other categorical funds 181 as provided in the General Appropriations Act. 182 3. The scholarship amount for a student who is eligible 183 under sub-subparagraph (2)(a)2.b. shall be calculated as 184 provided in subparagraphs 1. and 2. However, the calculation 185 shall be based on the school district in which the parent 186 resides at the time of the scholarship request. 187 4. Until the school district completes the matrix required 188 by paragraph (5)(b), the calculation shall be based on the 189 matrix that assigns the student to support level I of service as 190 it existed prior to the 2000-2001 school year. When the school 191 district completes the matrix, the amount of the payment shall 192 be adjusted as needed. 193 5. The scholarship amount for a student eligible under s. 194 504 of the Rehabilitation Act of 1973 shall be based on the 195 program cost factor the student currently generates through the 196 Florida Education Finance Program. 197 Section 2. This act shall take effect July 1, 2011.