Bill Text: FL S1822 | 2011 | Regular Session | Introduced
Bill Title: School Choice
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-05 - Read 2nd time -SJ 919 [S1822 Detail]
Download: Florida-2011-S1822-Introduced.html
Florida Senate - 2011 SB 1822 By Senator Benacquisto 27-01488-11 20111822__ 1 A bill to be entitled 2 An act relating to school choice; amending s. 1002.38, 3 F.S.; revising legislative intent and eligibility 4 requirements for participation in the Opportunity 5 Scholarship Program; deleting provisions that 6 authorize an opportunity scholarship for attendance at 7 a private school; requiring that an opportunity 8 scholarship remain in force until the student 9 graduates from high school; revising school district 10 obligations and deleting provisions relating to 11 private schools to conform to changes made by the act; 12 amending ss. 1001.42 and 1002.20, F.S.; conforming 13 provisions to changes made by the act; deleting an 14 obsolete provision relating to the John M. McKay 15 Scholarships for Students with Disabilities Program; 16 providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 1002.38, Florida Statutes, is amended to 21 read: 22 1002.38 Opportunity Scholarship Program.— 23 (1) FINDINGS AND INTENT.—The purpose of this section is to 24 provide enhanced opportunity for students in this state to gain 25 the knowledge and skills necessary for postsecondary education, 26 a career education, or the world of work. The Legislature 27 recognizes that the voters of the State of Florida, in the 28 November 1998 general election, amended s. 1, Art. IX of the 29 Florida Constitution so as to make education a paramount duty of 30 the state. The Legislature finds that the State Constitution 31 requires the state to provide a uniform, safe, secure, 32 efficient, and high-quality system which allows the opportunity 33 to obtain a high-quality education. The Legislature further 34 finds that a student should not be compelled, against the wishes 35 of the student’s parent, to remain in a school found by the 36 state to be failingfor 2 years in a 4-year period. The 37 Legislature shall make available opportunity scholarships in 38 order to give parents the opportunity for their children to 39 attend a public school that is performing satisfactorilyor to40attend an eligible private school when the parent chooses to41apply the equivalent of the public education funds generated by42his or her child to the cost of tuition in the eligible private43school as provided in paragraph (6)(a). Eligibility of a private44school shall include the control and accountability requirements45that, coupled with the exercise of parental choice, are46reasonably necessary to secure the educational public purpose,47as delineated in subsection (4). 48 (2) OPPORTUNITY SCHOLARSHIP ELIGIBILITY.— 49 (a) A public school student’s parent may request and 50 receivefrom the statean opportunity scholarship for the 51 student to enroll in and attend a publicprivateschool in 52 accordance with the provisions of this section if: 53(a)1. By assigned school attendance area or by special 54 assignment, the student has spent the prior school year in 55 attendance at a public school that has been designated pursuant 56 to s. 1008.34 as performance grade category “D” or “F,”failing57to make adequate progress,and that is in one of the two lowest 58 performing categories pursuant to s. 1008.33has had 2 school59years in a 4-year period of such low performance, and the 60 student’s attendance occurred during a school year in which such 61 designation was in effect; 62 2. The student has been in attendance elsewhere in the 63 public school system and has been assigned to such school for 64 the next school year; or 65 3. The studentis entering kindergarten or first grade and66 has been notified that he or shethe studenthas been assigned 67 to such school for the next school year. 68(b) The parent has obtained acceptance for admission of the69student to a private school eligible for the program pursuant to70subsection (4), and has notified the Department of Education and71the school district of the request for an opportunity72scholarship no later than July 1 of the first year in which the73student intends to use the scholarship.74 (b)The provisions ofThis section doesshallnot apply to 75 a student who is enrolled in a school operating for the purpose 76 of providing educational services to youth in Department of 77 Juvenile Justice commitment programs. For purposes of continuity 78 of educational choice, the opportunity scholarship shall remain 79 in force until the student graduates from high schoolreturns to80a public school or, if the student chooses to attend a private81school the highest grade of which is grade 8, until the student82matriculates to high school and the public high school to which83the student is assigned is an accredited school with a84performance grade category designation of “C” or better.85However, at any time upon reasonable notice to the Department of86Education and the school district, the student’s parent may87remove the student from the private school and place the student88in a public school, as provided in subparagraph (3)(a)2. 89 (3) SCHOOL DISTRICT OBLIGATIONS.— 90 (a) A school district shall, for each student enrolled in 91 or assigned to a school that has been designated as provided in 92 subsection (2)performance grade category “F” for 2 school years93in a 4-year period: 94 1. Timely notify the parent of the student as soon as such 95 designation is made of all options available pursuant to this 96 section. 97 2. Offer that student’s parent an opportunity to enroll the 98 student in athepublic school within the district that has been 99 designated by the state pursuant to s. 1008.34 as a school 100 performing higher than that in which the student is currently 101 enrolled or to which the student has been assigned, but not less 102 than performance grade category “C.”The parent is not required103to accept this offer in lieu of requesting a state opportunity104scholarship to a private school.The student shall have the 105 opportunity to continue attendance inattendingthe higher 106 performinghigher performingpublic school feeder patternshall107remain in forceuntil the student graduates from high school. 108 (b) The parent of a student enrolled in or assigned to a 109 school that has been designated as provided in subsection (2) 110performance grade category “F” for 2 school years in a 4-year111periodmay choose as an alternative to subparagraph (a)2. to 112 enroll the student in and transport the student to a higher 113 performing public school that has available space in any other 114an adjacentschool district in the state, and that school 115 district shall accept the student and report the student for 116 purposes of the district’s funding pursuant to the Florida 117 Education Finance Program. 118 (c) For students in the school district who are 119 participating in the state Opportunity Scholarship Program, the 120 school district shall provide locations and times to take all 121 statewide assessments required pursuant to s. 1008.22. 122 (d) Students with disabilities who are eligible to receive 123 services from the school district under federal or state law, 124 and who participate in this program, remain eligible to receive 125 services from the school district as provided by federal or 126 state law. 127 (e)If for any reason a qualified private school is not128available for the student orIf the parent chooses to request 129 that the student be enrolled in a higher-performingthe higher130performingpublic school in the school district,rather than131choosing to request the state opportunity scholarship,132 transportation costs to the higher-performinghigher performing133 public school shall be the responsibility of the school 134 district. The district may utilize state categorical 135 transportation funds or state-appropriated public school choice 136 incentive funds for this purpose. 137(4) PRIVATE SCHOOL ELIGIBILITY.—To be eligible to138participate in the Opportunity Scholarship Program, a private139school must be a Florida private school, may be sectarian or140nonsectarian, and must:141(a) Demonstrate fiscal soundness by being in operation for1421 school year or provide the Department of Education with a143statement by a certified public accountant confirming that the144private school desiring to participate is insured and the owner145or owners have sufficient capital or credit to operate the146school for the upcoming year serving the number of students147anticipated with expected revenues from tuition and other148sources that may be reasonably expected. In lieu of such a149statement, a surety bond or letter of credit for the amount150equal to the opportunity scholarship funds for any quarter may151be filed with the department.152(b) Notify the Department of Education and the school153district in whose service area the school is located of its154intent to participate in the program under this section by May 1155of the school year preceding the school year in which it intends156to participate. The notice shall specify the grade levels and157services that the private school has available for the158Opportunity Scholarship Program.159(c) Comply with the antidiscrimination provisions of 42160U.S.C. s. 2000d.161(d) Meet state and local health and safety laws and codes.162(e) Accept scholarship students on an entirely random and163religious-neutral basis without regard to the student’s past164academic history; however, the private school may give165preference in accepting applications to siblings of students who166have already been accepted on a random and religious-neutral167basis.168(f) Be subject to the instruction, curriculum, and169attendance criteria adopted by an appropriate nonpublic school170accrediting body and be academically accountable to the parent171for meeting the educational needs of the student. The private172school must furnish a school profile which includes student173performance.174(g) Employ or contract with teachers who hold a175baccalaureate or higher degree, or have at least 3 years of176teaching experience in public or private schools, or have177special skills, knowledge, or expertise that qualifies them to178provide instruction in subjects taught.179(h) Comply with all state statutes relating to private180schools.181(i) Accept as full tuition and fees the amount provided by182the state for each student.183(j) Agree not to compel any student attending the private184school on an opportunity scholarship to profess a specific185ideological belief, to pray, or to worship.186(k) Adhere to the tenets of its published disciplinary187procedures prior to the expulsion of any opportunity scholarship188student.189(5) OBLIGATION OF PROGRAM PARTICIPATION.—190(a) Any student participating in the Opportunity191Scholarship Program must remain in attendance throughout the192school year, unless excused by the school for illness or other193good cause, and must comply fully with the school’s code of194conduct.195(b) The parent of each student participating in the196Opportunity Scholarship Program must comply fully with the197private school’s parental involvement requirements, unless198excused by the school for illness or other good cause.199(c) The parent shall ensure that the student participating200in the Opportunity Scholarship Program takes all statewide201assessments required pursuant to s.1008.22.202(d) A participant who fails to comply with this subsection203shall forfeit the opportunity scholarship.204(6) OPPORTUNITY SCHOLARSHIP FUNDING AND PAYMENT.—205(a) The maximum opportunity scholarship granted for an206eligible student shall be a calculated amount equivalent to the207base student allocation in the Florida Education Finance Program208multiplied by the appropriate cost factor for the educational209program that would have been provided for the student in the210district school to which he or she was assigned, multiplied by211the district cost differential. In addition, the calculated212amount shall include the per-student share of instructional213materials funds, technology funds, and other categorical funds214as provided for this purpose in the General Appropriations Act.215(b) The amount of the opportunity scholarship shall be the216calculated amount or the amount of the private school’s tuition217and fees, whichever is less. Fees eligible shall include218textbook fees, lab fees, and other fees related to instruction,219including transportation.220(c) The school district shall report all students who are221attending a private school under this program. The students222attending private schools on opportunity scholarships shall be223reported separately from those students reported for purposes of224the Florida Education Finance Program.225(d) The public or private school that provides services to226students with disabilities shall receive the weighted funding227for such services at the appropriate funding level consistent228with the provisions of s.1011.62(1)(e).229(e) For purposes of calculating the opportunity230scholarship, a student will be eligible for the amount of the231appropriate basic cost factor if:2321. The student currently participates in a Group I program233funded at the basic cost factor and is not subsequently234identified as having a disability; or2352. The student currently participates in a Group II program236and the parent has chosen a private school that does not provide237the additional services funded by the Group II program.238(f) Following annual notification on July 1 of the number239of participants, the Department of Education shall transfer from240each school district’s appropriated funds the calculated amount241from the Florida Education Finance Program and authorized242categorical accounts to a separate account for the Opportunity243Scholarship Program for quarterly disbursement to the parents of244participating students.245(g) Upon proper documentation reviewed and approved by the246Department of Education, the Chief Financial Officer shall make247opportunity scholarship payments in four equal amounts no later248than September 1, November 1, February 1, and April 1 of each249academic year in which the opportunity scholarship is in force.250The initial payment shall be made after Department of Education251verification of admission acceptance, and subsequent payments252shall be made upon verification of continued enrollment and253attendance at the private school. Payment must be by individual254warrant made payable to the student’s parent and mailed by the255Department of Education to the private school of the parent’s256choice, and the parent shall restrictively endorse the warrant257to the private school.258(7) LIABILITY.—No liability shall arise on the part of the259state based on any grant or use of an opportunity scholarship.260 (4)(8)RULES.—The State Board of Education may adopt rules 261 pursuant to ss. 120.536(1) and 120.54 to implementthe262provisions ofthis section. Rules shall include penalties for 263 noncompliancewith subsections (3) and (5). However, the264inclusion of eligible private schools within options available265to Florida public school students does not expand the regulatory266authority of the state, its officers, or any school district to267impose any additional regulation of private schools beyond those268reasonably necessary to enforce requirements expressly set forth269in this section. 270 Section 2. Subsection (20) of section 1001.42, Florida 271 Statutes, is amended to read: 272 1001.42 Powers and duties of district school board.—The 273 district school board, acting as a board, shall exercise all 274 powers and perform all duties listed below: 275 (20) OPPORTUNITY SCHOLARSHIPS.—Adopt policies allowing 276 students attending schools that have been designated with a 277 grade of “D” or “F,” pursuant to s. 1008.34 and that are in one 278 of the two lowest-performing categories pursuant to s. 1008.33 279failing to make adequate progress, for 2 school years in a 4280year periodto attend a higher-performinghigher performing281 school in the district or any otheran adjoiningdistrict in the 282 stateor be granted a state opportunity scholarship to a private283school, in conformance with s. 1002.38 and State Board of 284 Education rule. 285 Section 3. Paragraph (b) of subsection (6) of section 286 1002.20, Florida Statutes, is amended to read: 287 1002.20 K-12 student and parent rights.—Parents of public 288 school students must receive accurate and timely information 289 regarding their child’s academic progress and must be informed 290 of ways they can help their child to succeed in school. K-12 291 students and their parents are afforded numerous statutory 292 rights including, but not limited to, the following: 293 (6) EDUCATIONAL CHOICE.— 294 (b) Private school choices.—Parents of public school 295 students may seek private school choice options under certain 296 programs. 2971. Under the Opportunity Scholarship Program, the parent of298a student in a failing public school may request and receive an299opportunity scholarship for the student to attend a private300school in accordance with the provisions of s.1002.38.301 1.2.Under the McKay Scholarships for Students with 302 Disabilities Program, the parent of a public school student with 303 a disabilitywho is dissatisfied with the student’s progressmay 304 request and receive a McKay Scholarship for the student to 305 attend a private school in accordance with the provisions of s. 306 1002.39. 307 2.3.Under the Florida Tax Credit Scholarship Program, the 308 parent of a student who qualifies for free or reduced-price 309 school lunch may seek a scholarship from an eligible nonprofit 310 scholarship-funding organization in accordance with the 311 provisions of s. 1002.395. 312 Section 4. This act shall take effect July 1, 2011.