September 18, 2020
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Amendment CaShTmL-965965.HTM
                                                   HOUSE AMENDMENT
                                    Bill No. CS for CS for SB 1180
    Amendment No. 1 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Mealor and Melvin offered the following:
12  
13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
15  
16  and insert in lieu thereof:  
17         Section 1.  Section 229.05371, Florida Statutes, is
18  amended to read:
19         (Substantial rewording of section. See
20         s. 229.05371, F.S., for present text.)
21         229.05371  The John M. McKay Scholarships for Students
22  with Disabilities Program.--There is established a program
23  that is separate and distinct from the Opportunity Scholarship
24  Program and is named the John M. McKay Scholarships for
25  Students with Disabilities Program, pursuant to this section.
26         (1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
27  DISABILITIES PROGRAM.--The John M. McKay Scholarships for
28  Students with Disabilities Program is established to provide
29  the option to attend a public school other than the one to
30  which assigned, or to provide a scholarship to a private
31  school of choice, for students with disabilities for whom an
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    File original & 9 copies    04/26/01                          
    hek0003                     08:17 am         01180-0034-965965

HOUSE AMENDMENT Bill No. CS for CS for SB 1180 Amendment No. 1 (for drafter's use only) 1 individual education plan has been written in accordance with 2 rules of the Commissioner of Education or the State Board of 3 Education. Students with disabilities include K-12 students 4 who are mentally handicapped, speech and language impaired, 5 deaf or hard of hearing, visually impaired, dual sensory 6 impaired, physically impaired, emotionally handicapped, 7 specific learning disabled, hospitalized or homebound, or 8 autistic. 9 (2) SCHOLARSHIP ELIGIBILITY.--The parent of a public 10 school student with a disability who is dissatisfied with the 11 student's progress may request and receive from the state a 12 John M. McKay Scholarship for the child to enroll in and 13 attend a private school in accordance with this section if: 14 (a) By assigned school attendance area or by special 15 assignment, the student has spent the prior school year in 16 attendance at a Florida public school. Prior school year in 17 attendance means that the student was enrolled and reported by 18 a school district for funding during the preceding October and 19 February Florida Education Finance Program surveys in 20 kindergarten through grade 12; and 21 (b) The parent has obtained acceptance for admission 22 of the student to a private school that is eligible for the 23 program under subsection (4) and has notified, in writing, the 24 school district of the request for a scholarship at least 60 25 days prior to the date of the first scholarship payment. 26 27 This section does not apply to a student who is enrolled in a 28 school operating for the purpose of providing educational 29 services to youth in Department of Juvenile Justice commitment 30 programs. For purposes of continuity of educational choice, 31 the scholarship shall remain in force until the student 2 File original & 9 copies 04/26/01 hek0003 08:17 am 01180-0034-965965
HOUSE AMENDMENT Bill No. CS for CS for SB 1180 Amendment No. 1 (for drafter's use only) 1 returns to a public school or graduates from high school. 2 However, at any time, the student's parent may remove the 3 student from the private school and place the student in 4 another private school that is eligible for the program under 5 subsection (4) or in a public school as provided in subsection 6 (3). 7 (3) SCHOOL DISTRICT AND DEPARTMENT OF EDUCATION 8 OBLIGATIONS.-- 9 (a) A school district shall timely notify the parent 10 of the student of all options available pursuant to this 11 section and offer that student's parent an opportunity to 12 enroll the student in another public school within the 13 district. The parent is not required to accept this offer in 14 lieu of requesting a John M. McKay Scholarship to a private 15 school. However, if the parent chooses the public school 16 option, the student may continue attending a public school 17 chosen by the parent until the student graduates from high 18 school. If the parent chooses a public school consistent with 19 the school board's choice plan under s. 228.057, the school 20 district will provide transportation to the public school 21 selected by the parent. The parent is responsible to provide 22 transportation to a public school chosen that is not 23 consistent with the school board's choice plan under s. 24 228.057. 25 (b) For a student with disabilities who does not have 26 a matrix of services under s. 236.025, the school district 27 must complete a matrix that assigns the student to one of the 28 levels of service as they existed prior to the 2000-2001 29 school year. The school district must complete the matrix of 30 services for any student who is participating in the John M. 31 McKay Scholarships for Students with Disabilities Program and 3 File original & 9 copies 04/26/01 hek0003 08:17 am 01180-0034-965965
HOUSE AMENDMENT Bill No. CS for CS for SB 1180 Amendment No. 1 (for drafter's use only) 1 must notify the Department of Education of the student's 2 matrix level within 30 days after receiving notification by 3 the student's parent of intent to participate in the 4 scholarship program. The Department of Education shall notify 5 the private school of the amount of the scholarship within 10 6 days after receiving the school district's notification of the 7 student's matrix level. 8 (c) If the parent chooses the private school option 9 and the student is accepted by the private school pending the 10 availability of a space for the student, the parent of the 11 student must notify the school district 60 days prior to the 12 first scholarship payment and before entering the private 13 school in order to be eligible for the scholarship when a 14 space becomes available for the student in the private school. 15 (d) The parent of a student may choose, as an 16 alternative, to enroll the student in and transport the 17 student to a public school in an adjacent school district 18 which has available space and has a program with the services 19 agreed to in the student's individual education plan already 20 in place, and that school district shall accept the student 21 and report the student for purposes of the district's funding 22 pursuant to the Florida Education Finance Program. 23 (e) For a student in the district who participates in 24 the John M. McKay Scholarships for Students with Disabilities 25 Program whose parent requests that the student take the 26 statewide assessments under s. 229.57, the district shall 27 provide locations and times to take all statewide assessments. 28 (f) A school district must notify the Department of 29 Education within 10 days after it receives notification of a 30 parent's intent to apply for a scholarship for a student with 31 a disability. 4 File original & 9 copies 04/26/01 hek0003 08:17 am 01180-0034-965965
HOUSE AMENDMENT Bill No. CS for CS for SB 1180 Amendment No. 1 (for drafter's use only) 1 (4) PRIVATE SCHOOL ELIGIBILITY.--To be eligible to 2 participate in the John M. McKay Scholarships for Students 3 with Disabilities Program, a private school must be a Florida 4 private school, may be sectarian or nonsectarian, and must: 5 (a) Demonstrate fiscal soundness by being in operation 6 for 1 school year or provide the Department of Education with 7 a statement by a certified public accountant confirming that 8 the private school desiring to participate is insured and the 9 owner or owners have sufficient capital or credit to operate 10 the school for the upcoming year serving the number of 11 students anticipated with expected revenues from tuition and 12 other sources that may be reasonably expected. In lieu of such 13 a statement, a surety bond or letter of credit for the amount 14 equal to the scholarship funds for any quarter may be filed 15 with the department. 16 (b) Notify the Department of Education of its intent 17 to participate in the program under this section by May 1 of 18 the school year preceding the school year in which it intends 19 to participate. The notice must specify the grade levels and 20 services that the private school has available for students 21 with disabilities who are participating in the scholarship 22 program. 23 (c) Comply with the antidiscrimination provisions of 24 42 U.S.C. s. 2000d. 25 (d) Meet state and local health and safety laws and 26 codes. 27 (e) Be academically accountable to the parent for 28 meeting the educational needs of the student. 29 (f) Employ or contract with teachers who hold 30 baccalaureate or higher degrees, or have at least 3 years of 31 teaching experience in public or private schools, or have 5 File original & 9 copies 04/26/01 hek0003 08:17 am 01180-0034-965965
HOUSE AMENDMENT Bill No. CS for CS for SB 1180 Amendment No. 1 (for drafter's use only) 1 special skills, knowledge, or expertise that qualifies them to 2 provide instruction in subjects taught. 3 (g) Comply with all state laws relating to general 4 regulation of private schools. 5 (h) Adhere to the tenets of its published disciplinary 6 procedures prior to the expulsion of a scholarship student. 7 (5) OBLIGATION OF PROGRAM PARTICIPANTS.-- 8 (a) A parent who applies for a John M. McKay 9 Scholarship is exercising his or her parental option to place 10 his or her child in a private school. The parent must select 11 the private school and apply for the admission of his or her 12 child. 13 (b) The parent must have requested the scholarship at 14 least 60 days prior to the date of the first scholarship 15 payment. 16 (c) Any student participating in the scholarship 17 program must remain in attendance throughout the school year, 18 unless excused by the school for illness or other good cause, 19 and must comply fully with the school's code of conduct. 20 (d) The parent of each student participating in the 21 scholarship program must comply fully with the private 22 school's parental involvement requirements, unless excused by 23 the school for illness or other good cause. 24 (e) If the parent requests that the student 25 participating in the scholarship program take all statewide 26 assessments required pursuant to s. 229.57, the parent is 27 responsible for transporting the student to the assessment 28 site designated by the school district. 29 (f) Upon receipt of a scholarship warrant, the parent 30 to whom the warrant is made must restrictively endorse the 31 warrant to the private school for deposit into the account of 6 File original & 9 copies 04/26/01 hek0003 08:17 am 01180-0034-965965
HOUSE AMENDMENT Bill No. CS for CS for SB 1180 Amendment No. 1 (for drafter's use only) 1 the private school. 2 (g) A participant who fails to comply with this 3 subsection forfeits the scholarship. 4 (6) SCHOLARSHIP FUNDING AND PAYMENT.-- 5 (a)1. The maximum scholarship granted for an eligible 6 student with disabilities shall be a calculated amount 7 equivalent to the base student allocation in the Florida 8 Education Finance Program multiplied by the appropriate cost 9 factor for the educational program that would have been 10 provided for the student in the district school to which he or 11 she was assigned, multiplied by the district cost 12 differential. 13 2. In addition, a share of the guaranteed allocation 14 for exceptional students shall be determined and added to the 15 calculated amount. The calculation shall be based on the 16 methodology and the data used to calculate the guaranteed 17 allocation for exceptional students for each district in 18 chapter 2000-166, Laws of Florida. The calculation shall be 19 based on the student's grade, matrix level of services, and 20 the difference between the 2000-2001 basic program and the 21 appropriate level of services cost factor, multiplied by the 22 2000-2001 base student allocation and the 2000-2001 district 23 cost differential for the sending district. Also, the 24 calculated amount shall include the per-student share of 25 Supplemental Academic Instruction funds, instructional 26 materials funds, technology funds, and other categorical funds 27 as provided for such purposes in the General Appropriations 28 Act. 29 (b) The amount of the John M. McKay Scholarship shall 30 be the calculated amount or the amount of the private school's 31 tuition and fees, whichever is less. The amount of any 7 File original & 9 copies 04/26/01 hek0003 08:17 am 01180-0034-965965
HOUSE AMENDMENT Bill No. CS for CS for SB 1180 Amendment No. 1 (for drafter's use only) 1 assessment fee required by the participating private school 2 may be paid from the total amount of the scholarship. 3 (c) If the participating private school requires 4 partial payment of tuition prior to the start of the academic 5 year to reserve space for students admitted to the school, 6 that partial payment may be paid by the Department of 7 Education prior to the first quarterly payment of the year in 8 which the John M. McKay Scholarship is awarded, up to a 9 maximum of $1,000, and deducted from subsequent scholarship 10 payments. If a student decides not to attend the participating 11 private school, the partial reservation payment must be 12 returned to the Department of Education by the participating 13 private school. There is a limit of one reservation payment 14 per student per year. 15 (d) The school district shall report all students who 16 are attending a private school under this program. The 17 students with disabilities attending private schools on John 18 M. McKay Scholarships shall be reported separately from other 19 students reported for purposes of the Florida Education 20 Finance Program. 21 (e) Following notification on July 1, September 1, 22 December 1, or February 1 of the number of program 23 participants, the Department of Education shall transfer, from 24 General Revenue funds only, the amount calculated under 25 paragraph (b) from the school district's total funding 26 entitlement under the Florida Education Finance Program and 27 from authorized categorical accounts to a separate account for 28 the scholarship program for quarterly disbursement to the 29 parents of participating students. When a student enters the 30 scholarship program, the Department of Education must receive 31 all documentation required for the student's participation, 8 File original & 9 copies 04/26/01 hek0003 08:17 am 01180-0034-965965
HOUSE AMENDMENT Bill No. CS for CS for SB 1180 Amendment No. 1 (for drafter's use only) 1 including the private school's and student's fee schedules, at 2 least 30 days before the first quarterly scholarship payment 3 is made for the student. The Department of Education may not 4 make any retroactive payments. 5 (f) Upon proper documentation reviewed and approved by 6 the Department of Education, the Comptroller shall make 7 scholarship payments in four equal amounts no later than 8 September 1, November 1, February 1, and April 15 of each 9 academic year in which the scholarship is in force. The 10 initial payment shall be made after Department of Education 11 verification of admission acceptance, and subsequent payments 12 shall be made upon verification of continued enrollment and 13 attendance at the private school. Payment must be by 14 individual warrant made payable to the student's parent and 15 mailed by the Department of Education to the private school of 16 the parent's choice, and the parent shall restrictively 17 endorse the warrant to the private school for deposit into the 18 account of the private school. 19 (7) LIABILITY.--No liability shall arise on the part 20 of the state based on the award or use of a John M. McKay 21 Scholarship. 22 (8) RULES.--The State Board of Education may adopt 23 rules pursuant to ss. 120.536(1) and 120.54 to administer this 24 section. However, the inclusion of eligible private schools 25 within options available to Florida public school students 26 does not expand the regulatory authority of the state, its 27 officers, or any school district to impose any additional 28 regulation of private schools beyond those reasonably 29 necessary to enforce requirements expressly set forth in this 30 section. 31 Section 2. This act shall take effect upon becoming a 9 File original & 9 copies 04/26/01 hek0003 08:17 am 01180-0034-965965
HOUSE AMENDMENT Bill No. CS for CS for SB 1180 Amendment No. 1 (for drafter's use only) 1 law. 2 3 4 ================ T I T L E A M E N D M E N T =============== 5 And the title is amended as follows: 6 On page , 7 remove from the title of the bill: 8 9 and insert in lieu thereof: 10 An act relating to scholarships for students 11 with disabilities; amending s. 229.05371, F.S.; 12 creating the John M. McKay Scholarships for 13 Students with Disabilities Program; providing 14 for eligibility; establishing obligations of 15 school districts and the Department of 16 Education; establishing criteria for private 17 school eligibility; establishing obligations of 18 program participants; providing for funding and 19 payment; limiting liability of the state; 20 authorizing the State Board of Education to 21 adopt rules; providing an effective date. 22 23 24 25 26 27 28 29 30 31 10 File original & 9 copies 04/26/01 hek0003 08:17 am 01180-0034-965965
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