The purpose of this new rule is to establish provisions necessary to administer the notification requirements of the Opportunity Scholarship Program. The effect will be a rule that is consistent with the governing statute.

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO.: RULE TITLE:
6A-6.0950: Notice Requirements for Opportunity Scholarship Program.
PURPOSE AND EFFECT: The purpose of this new rule is to establish provisions necessary to administer the notification requirements of the Opportunity Scholarship Program. The effect will be a rule that is consistent with the governing statute.
SUMMARY: The proposed rule provides guidelines related to notification requirements for the Opportunity Scholarship Program. Deadlines and reporting requirements for district compliance with parental and Department of Education notification are established. Actions resulting from failure to comply with notification requirements are established.
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 been prepared by the agency.
The anticipated regulatory costs are minimal. The rule imposes a penalty of withholding funding from districts who are noncompliant; however, funding is restored when districts show compliance.
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: 1002.38 FS.
LAW IMPLEMENTED: 1002.38 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: May 10, 2012, 7:30 a.m.
PLACE: Tampa Airport Marriott, Hillsborough Grand Ballroom, Tampa, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michael Kooi, Executive Director, Office of Independent Education and Parental Choice, 325 West Gaines Street, Tallahassee, Florida 32399-0400, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.0950 Notice Requirements for Opportunity Scholarship Program.

The following provisions have been established to administer the requirements of Section 1002.38(3)(a), Florida Statutes.

(1) Definitions related to this rule:

(a) School grade: the school grade designated under Section 1008.34, Florida Statutes.

(b) Opportunity Scholarship Program eligible school: a public school that meets the criteria in Section 1002.38(2), Florida Statutes.

(c) Higher-performing school: a public school that has received a school grade of “C” or higher pursuant to Section 1008.34, Florida Statutes.

(2) The Department shall notify the superintendent of the school district of a public school designated as an Opportunity Scholarship Program eligible school in accordance with Section 1002.38, Florida Statutes.

(3) The school district shall notify the parent of each student enrolled in or assigned to an Opportunity Scholarship Program eligible school of the opportunity to enroll the student in a higher-performing school in the district and of the opportunity to enroll the student in a higher-performing school that has available space in any other school district in the state.

(a) For Opportunity Scholarship Program eligible schools that receive their school grade at the end of the school year and prior to the start of the following school year, the school district shall notify parents of the opportunity to transfer to a higher performing school no later than fifteen (15) calendar days after the district receives notification by the Department of Opportunity Scholarship Program eligible schools.

(b) For Opportunity Scholarship Program eligible schools that receive their school grade pursuant to Section 1008.34(3)(b)3., Florida Statutes., the students assigned to that school are eligible to transfer to a higher performing school for the school year following that in which they receive the school grade. After receiving notification by the Department of the Opportunity Scholarship Program eligible schools under this paragraph, the school district shall notify parents of the opportunity to transfer to a higher performing school no later than (30) calendar days prior to the start of the next school year.

(4) The school district shall report to the Department data related to parental notifications, transfer requests, and student placements as specified in Form IEPC OSP-1, OSP Notification Verification Form, June 2012, no later than thirty (30) days after notification of parents as required under subsection (3) of this rule. Form IEPC OSP-1 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01161) is hereby incorporated by reference and may be obtained from the Department’s website at http://www.floridaschoolchoice.org.

(5) Failure by the district to meet the deadline requirements in subsections (3) and (4) of this rule will result in a withholding of FEFP funds as follows:

(a) The Department will withhold FEFP funds based on the total FTE of the eligible school from the next available FEFP distribution to the district.

(b) Subsequent distributions of the FEFP will continue to be withheld, until the district has fulfilled the requirements of subsections (3) and (4) of this rule.

Rulemaking Authority 1002.38(4) FS. Law Implemented 1002.38 FS. History–New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Michael Kooi, Executive Director, Office of Independent Education and Parental Choice, Department of Education
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Gerard Robinson, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 3, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 16, 2012