The purpose of this rule amendment is to clarify parental choice under the public school option of the program as well as the requirement for a signed notarized parent affidavit under the private school option. These changes will further strengthen ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0970John M. McKay Scholarship for Students with Disabilities Program

PURPOSE AND EFFECT: The purpose of this rule amendment is to clarify parental choice under the public school option of the program as well as the requirement for a signed notarized parent affidavit under the private school option. These changes will further strengthen school choice options and the Department’s implementation of the program.

SUMMARY: The proposed rule amendment will clarify the factors a district may consider when approving a school transfer request under the McKay public school transfer option, allowing a district to only consider whether the requested school can meet the needs of the student. The proposed amendment also clarifies that while a parent affidavit must still be submitted for ongoing McKay eligibility, it will not affect the student’s payment eligibility should the affidavit not be submitted prior to first payment. Lastly, the proposed rule amendment correctly reflects the updated website link to the parent affidavit.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: No requirement for SERC was triggered by the rule amendment pursuant to Section 120.541(1), Florida Statutes. There would be no economic impact from this amendment and the adverse impact or regulatory costs, if any, does not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), Florida Statutes.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1002.39(13), FS.

LAW IMPLEMENTED: 1002.39, FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: June 24, 2015, 8:30 a.m.

PLACE: Tampa Airport Marriott, 4200 George J. Bean Parkway, Duval Conference Room, Tampa, Florida 33607

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Laura Harrison, Director of Scholarship Programs, 325 W. Gaines Street, Suite 1044, Tallahassee, Florida 32399

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0970 John M. McKay Scholarship for Students with Disabilities Program.

The John M. McKay Scholarship for Students with Disabilities Program will be implemented as required by Section 1002.39, F.S., in an effective and equitable manner that will maintain the integrity of the program.

(1) No change.

(2) Public school McKay Scholarship option. Pursuant to Section 1002.39(5), F.S., a student meeting the McKay eligibility requirements may choose to attend another public school in the student’s school district or in an adjacent school district.

(a) The McKay Scholarship public school options available are determined by the school district and may be subject to both capacity limitations and the ability of the public school to provide the required services for the individual student.

(b) Pursuant to Section 1002.39(4), F.S., the parent of a student receiving a McKay Scholarship to attend a private school may upon giving notice choose to exercise the public school McKay option.

1. Notice shall be no less than thirty (30) days prior to entering the public school, unless agreed to by the school district.

2. Notice shall be given to the Department and the school district through use of the Department’s website.

3. Public school options are still determined by the school district and may be subject to both capacity limitations and the ability of the public school to provide the required services for the individual student.

4. After exercising the educational choice described in this paragraph, a student seeking to reenter a private school under the McKay Scholarship must re-establish initial eligibility requirements including the prior year public school attendance requirement.

(3) through (5)(c)2. No change.

3. As a condition of Prior to receiving a scholarship payment, all parents of participating students must have on file with the Department Form IEPC-AFF1, Affidavit, signed and notarized affirming the validity of the parent’s signature. Form IEPC-AFF1 is hereby incorporated by reference in this rule to become effective with the effective date of this rule and may be obtained from the Department’s website at http://www.fldoe.org/schools/school-choice/k-12-scholarship-programs/mckay/mckay-parent-info.stml http://www.floridaschoolchoice.org/.

4. through (9) No change.

Rulemaking Authority 1002.39(13) FS. Law Implemented 1002.39 FS. History–New 1-18-07, Amended 4-21-09, 11-12-09, 2-28-12, _______ .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Adam Miller, Executive Director, Office of Independent Education and Parental Choice

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 18, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 21, 2015