Bill Text: FL S1656 | 2011 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Florida Senate - 2011 SB 1656 By Senator Wise 5-01015A-11 20111656__ 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 or a Tier 3 Response to 8 Intervention plan developed by the public school of 9 attendance and consistent with rules of the State 10 Board of Education; allowing a parent to request and 11 receive a scholarship for a student to enroll and 12 attend a private school if the student has a 504 13 accommodation plan; providing that a student is 14 ineligible for a scholarship if a temporary 504 15 accommodation plan is valid for 6 months or less or if 16 a Tier 3 Response to Intervention plan is issued for 17 less than 90 days; requiring that the school district 18 notify a parent of available options within 10 days 19 after a 504 accommodation plan is issued and 90 days 20 after a Tier 3 Response to Intervention plan is 21 developed; providing that a parent may choose to 22 enroll the student in a public school in an adjacent 23 district under certain conditions; providing for 24 scholarship amounts when a student is eligible for 25 scholarship funds under s. 504 of the federal 26 Rehabilitation Act or a Tier 3 Response to 27 Intervention plan; providing an effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Subsection (1), paragraph (a) of subsection (2), 32 subsection (3), paragraphs (a) and (e) of subsection (5), and 33 paragraph (a) of subsection (10) of section 1002.39, Florida 34 Statutes, are amended to read: 35 1002.39 The John M. McKay Scholarships for Students with 36 Disabilities Program.—There is established a program that is 37 separate and distinct from the Opportunity Scholarship Program 38 and is named the John M. McKay Scholarships for Students with 39 Disabilities Program. 40 (1) THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH 41 DISABILITIES PROGRAM.—The John M. McKay Scholarships for 42 Students with Disabilities Program is established to provide the 43 option to attend a public school other than the one to which 44 assigned, or to provide a scholarship to a private school of 45 choice, for students with disabilities for whom: 46 (a) An individual educational plan has been written in 47 accordance with rules of the State Board of Education; 48 (b) A 504 accommodation plan has been issued under s. 504 49 of the Rehabilitation Act of 1973; or 50 (c) A Tier 3 Response to Intervention plan has been 51 developed by the public school of attendance which implements 52 interventions to meet the individual needs of the student 53 pursuant to state board rule. 54 55 Students with disabilities include K-12 students who are 56 documented as having an intellectual disability; a speech 57 impairment; a language impairment; a hearing impairment, 58 including deafness; a visual impairment, including blindness; a 59 dual sensory impairment; an orthopedic impairment; an other 60 health impairment; an emotional or behavioral disability; a 61 specific learning disability, including, but not limited to, 62 dyslexia, dyscalculia, or developmental aphasia; a traumatic 63 brain injury; a developmental delay; or autism spectrum 64 disorder. 65 (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.—The parent of a 66 student with a disability may request and receive from the state 67 a John M. McKay Scholarship for the child to enroll in and 68 attend a private school in accordance with this section if: 69 (a) The student has: 70 1. Received specialized instructional services under the 71 Voluntary Prekindergarten Education Program pursuant to s. 72 1002.66 during the previous school year and the student has a 73 current individual educational plan developed by the local 74 school board in accordance with rules of the State Board of 75 Education for the John M. McKay Scholarships for Students with 76 Disabilities Program or a 504 accommodation plan has been issued 77 under s. 504 of the Rehabilitation Act of 1973; 78 2. Spent the prior school year in attendance at a Florida 79 public school or the Florida School for the Deaf and the Blind. 80 For purposes of this subparagraph, prior school year in 81 attendance means that the student was enrolled and reported by: 82 a. A school district for funding during the preceding 83 October and February Florida Education Finance Program surveys 84 in kindergarten through grade 12, which includes time spent in a 85 Department of Juvenile Justice commitment program if funded 86 under the Florida Education Finance Program; 87 b. The Florida School for the Deaf and the Blind during the 88 preceding October and February student membership surveys in 89 kindergarten through grade 12; or 90 c. A school district for funding during the preceding 91 October and February Florida Education Finance Program surveys, 92 was at least 4 years of age when so enrolled and reported, and 93 was eligible for services under s. 1003.21(1)(e); or 94 3. Been enrolled and reported by a school district for 95 funding, during the October and February Florida Education 96 Finance Program surveys, in any of the 5 years prior to the 97 2010-2011 fiscal year; has a current individualized educational 98 plan developed by the district school board in accordance with 99 rules of the State Board of Education for the John M. McKay 100 Scholarship Program no later than June 30, 2011; and receives a 101 first-time John M. McKay scholarship for the 2011-2012 school 102 year. Upon request of the parent, the local school district 103 shall complete a matrix of services as required in subparagraph 104 (5)(b)1. for a student requesting a current individualized 105 educational plan in accordance with the provisions of this 106 subparagraph. 107 108 However, a dependent child of a member of the United States 109 Armed Forces who transfers to a school in this state from out of 110 state or from a foreign country due to a parent’s permanent 111 change of station orders is exempt from this paragraph but must 112 meet all other eligibility requirements to participate in the 113 program. 114 (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.—A student is 115 not eligible for a John M. McKay Scholarshipwhile he or she is: 116 (a) While he or she is enrolled in a school operating for 117 the purpose of providing educational services to youth in 118 Department of Juvenile Justice commitment programs; 119 (b) While he or she is receiving a Florida tax credit 120 scholarship under s. 1002.395; 121 (c) While he or she is receiving an educational scholarship 122 pursuant to this chapter; 123 (d) While he or she is participating in a home education 124 program as defined in s. 1002.01(1); 125 (e) While he or she is participating in a private tutoring 126 program pursuant to s. 1002.43; 127 (f) While he or she is participating in a virtual school, 128 correspondence school, or distance learning program that 129 receives state funding pursuant to the student’s participation 130 unless the participation is limited to no more than two courses 131 per school year; 132 (g) While he or she is enrolled in the Florida School for 133 the Deaf and the Blind;or134 (h) While he or she is not having regular and direct 135 contact with his or her private school teachers at the school’s 136 physical location;.137 (i) If he or she has been issued a temporary 504 138 accommodation plan under s. 504 of the Rehabilitation Act of 139 1973 which is valid for 6 months or less; or 140 (j) If he or she has been issued a Tier 3 Response to 141 Intervention plan by the public school of attendance pursuant to 142 state board rule for less than 90 days. 143 (5) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.— 144 (a)1.By April 1 of each yearand within 10 days after an145individual education plan meeting,A school district shall 146 notify the parent of the student of all options available 147 pursuant to this section, inform the parent of the availability 148 of the department’s telephone hotline and Internet website for 149 additional information on John M. McKay Scholarships, and offer 150 that student’s parent an opportunity to enroll the student in 151 another public school inwithinthe district by April 1 of each 152 year and within: 153 a. Ten days after the individual education plan meeting; 154 b. Ten days after a 504 accommodation plan is issued under 155 s. 504 of the Rehabilitation Act of 1973; or 156 c. Ninety days after a Tier 3 Response to Intervention plan 157 is developed by the public school of attendance which implements 158 interventions to meet the individual needs of the student 159 pursuant to state board rule. 160 2. The parent is not required to accept the offer of 161 enrolling in another public school in lieu of requesting a John 162 M. McKay Scholarship to a private school. However, if the parent 163 chooses the public school option, the student may continue 164 attending a public school chosen by the parent until the student 165 graduates from high school. 166 3. If the parent chooses a public school consistent with 167 the district school board’s choice plan under s. 1002.31, the 168 school district shall provide transportation to the public 169 school selected by the parent. The parent is responsible to 170 provide transportation to a public school chosen that is not 171 consistent with the district school board’s choice plan under s. 172 1002.31. 173 (e) The parent of a student may choose, as an alternative, 174 to enroll the student in and transport the student to a public 175 school in an adjacent school district which has available space 176 and has a program with the services agreed to in the student’s 177 individual education plan, 504 accommodation plan, or Tier 3 178 Response to Intervention plan pursuant to state board rule 179 already in place, and that school district shall accept the 180 student and report the student for purposes of the district’s 181 funding pursuant to the Florida Education Finance Program. 182 (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.— 183 (a)1. The maximum scholarship granted for an eligible 184 student with disabilities shall be equivalent to the base 185 student allocation in the Florida Education Finance Program 186 multiplied by the appropriate cost factor for the educational 187 program that would have been provided for the student in the 188 district school to which he or she was assigned, multiplied by 189 the district cost differential. 190 2. In addition, a share of the guaranteed allocation for 191 exceptional students shall be determined and added to the amount 192 in subparagraph 1. The calculation shall be based on the 193 methodology and the data used to calculate the guaranteed 194 allocation for exceptional students for each district in chapter 195 2000-166, Laws of Florida. Except as provided in subparagraphs 196 3. and 4., the calculation shall be based on the student’s 197 grade, matrix level of services, and the difference between the 198 2000-2001 basic program and the appropriate level of services 199 cost factor, multiplied by the 2000-2001 base student allocation 200 and the 2000-2001 district cost differential for the sending 201 district. The calculated amount shall include the per-student 202 share of supplemental academic instruction funds, instructional 203 materials funds, technology funds, and other categorical funds 204 as provided in the General Appropriations Act. 205 3. The scholarship amount for a student who is eligible 206 under sub-subparagraph (2)(a)2.b. shall be calculated as 207 provided in subparagraphs 1. and 2. However, the calculation 208 shall be based on the school district in which the parent 209 resides at the time of the scholarship request. 210 4. Until the school district completes the matrix required 211 by paragraph (5)(b), the calculation shall be based on the 212 matrix that assigns the student to support level I of service as 213 it existed prior to the 2000-2001 school year. When the school 214 district completes the matrix, the amount of the payment shall 215 be adjusted as needed. 216 5. The scholarship amount for a student eligible under s. 217 504 of the Rehabilitation Act of 1973 shall be based on the 218 matrix that assigns the student to support level I of service as 219 it existed prior to the 2000-2001 school year. 220 6. The scholarship amount for a student eligible under a 221 Tier 3 Response to Intervention plan pursuant to state board 222 rule shall be based on the matrix that assigns the student to 223 support level I of service as it existed prior to the 2000-2001 224 school year. 225 Section 2. This act shall take effect July 1, 2011.