FYI – MAY 7, 2010
ITEMS:
LEGISLATIVE NEWS
RE-EVALUATIONS
LEGISLATIVE NEWS
HB 1505 which combined language from both Representative Flores bill
and Senator Gardiner’s bill was passed. It still has to be signed by the
governor. It has provisions to allow children with disabilities in the VPK
system to use their VPK funds to obtain “services” to address their
disability instead of simply enrolling in a VPK program which may not have
those services. It also allow for children with disabilities in Pre-K to
access the McKay Scholarship when they enter kindergarten without having to
wait a year. This is scheduled to start in the 2011-2012 school year.
We will send a further analysis of this bill in the coming weeks. You can go
to www.leg.state.fl.us , click on
the Senate site, then put in 1505 under bills and it will take you to the
bill. The document you want to review is under the section Bills and is
H1505ER.
HB 1505 was sponsored by Rep. Flores and co-sponsored by Representatives
Burgin, Crisafulli, Drake, Porth and Precourt. SB2746 was sponsored by
Senator Gardiner. Please spend a moment today to send them a thank-you email
or letter for sponsoring these bills.
RE-EVALUATIONS
We have been receiving many calls from schools concerning re-evaluation
letters their parents are receiving from the public school. The following is
the opinion of The Coalition of McKay Scholarship Schools but should not be
construed as legal advice. At the bottom of the newsletter is information
excerpted from the 2004 IDEA statute.
Parents Information
While the law states that a re-evaluation must occur every 3 years unless
the parent and public agency agree that it is necessary.
That means that if the public agency "determines that the educational or
related services needs, including improved academic achievement and
functional performance, of the child warrant a reevaluation," but the parent
disagrees, the parent must undergo a re- evaluation.
However, in practice how would the public agency be able to "determine" that
a re-evaluation is "warranted" if the child is in private school? It's
circular and our legal counsel argues that the public school could only make
that determination if they had already re-evaluated the child, and they
don't have the right to make that determination unless they know that the
child's achievement and performance. We would argue that the child's private
school records are not enough to make that determination about achievement
and performance.
The bottom line is that if the parent has no intention of placing the child
back in public school, and does not want a public re-evaluation, and that
given under the McKay law the parent has a right to keep their child in a
private McKay school using the current funding level, the public agency has
no reason to waste public resources to force a re-evaluation.
If the public agency presses the family, advise parents to tell them, in
writing, that they do not agree to a re-evaluation and if the public agency
has made the "determination" under the law that one is warranted, the public
agency has a right to file due process against them. That should make them
go away.
We have attached a model letter to assist your parents.
School Information
We have been told that several over-zealous districts have demanded
re-evaluation and that the private school send all sorts of records and
testing as well as attend any IEP meetings with the parents.
The districts have no authority to demand any such testing, records or
attendance at meetings. Parents may request records and the school should
have a policy to determine which are the general records released without
cost and when does an additional fee need to be added if record requests
move beyond the standard procedures covered in the tuition. In the same way,
policies for any fees for attendance away from the school should also be
reviewed and parents made aware of what these are.
Ramifications for Schools Receiving IDEA Part B Funds (Federal
Entitlement Grant)
Be aware that for private schools that receive funds through IDEA Part B:
Federal Entitlement Grant, this funding can be removed if children are not
re-evaluated. Each district decides how this funding is spent for children
with disabilities in private schools. Some districts have been student
centered and have spent the money on additional services and/or materials
for the students. Re-evaluation allows the district to keep the IEP current
and to continue to receive the monies. Since this is a district by district
decision, your school may want to contact the district and determine what
the ramifications are for parents not opting for the re-evaluation.
2004 IDEA Sec. 300.303 Reevaluations.
(a) General. A public agency must ensure that a reevaluation of each child
with a disability is conducted in accordance with Sec. Sec. 300.304 through
300.311--
(1) If the public agency determines that the educational or related services
needs, including improved academic achievement and functional performance,
of the child warrant a reevaluation; or
(2) If the child's parent or teacher requests a reevaluation.
(b) Limitation. A reevaluation conducted under paragraph (a) of this
section--
(1) May occur not more than once a year, unless the parent and the public
agency agree otherwise; and
(2) Must occur at least once every 3 years, unless the parent and the public
agency agree that a reevaluation is unnecessary.
(Authority: 20 U.S.C. 1414(a)(2))
Parent Model Letter
Dear _____________
Thank-you for your offer of a re-evaluation for my child, ______________. At
this time we do not feel that a re-evaluation is warranted. We are pleased
with the services we are receiving at ___________ (school) and feel that our
child’s disability, which the public school identified, is being addressed
in the proper way.
If the district wants to press the issue of a re-evaluation, you will need
to start a due process hearing.
Sincerely,
Parent’s name
Address
FYI – APRIL 8, 2010
ITEMS:
LEGISLATIVE INFORMATION
DEPARTMENT OF HEALTH RULES
BOARD NOMINATIONS
House Bill CS/HB 1505
This bill is sponsored by Representative Flores. We have worked with the
house staff in crafting the bill and are very supportive of it.
The description of the bill comes from the MyFloridaHouse website: (http://www.myfloridahouse.gov/Sections/Bills/bills.aspx)
“Revises student eligibility requirements for participation in scholarship
program; authorizes students who are eligible to enter kindergarten to
receive John M. McKay Scholarship; provides eligibility requirements for
student identified with developmental delay; authorizes students who were
enrolled & reported by school district for funding during any prior year
FEFP surveys to receive scholarship; authorizes Commissioner of Education to
deny, suspend, or revoke private school’s participation in program for
certain acts or omissions by owner or operator; permits students to receive
instruction & services at site other than physical location of private
school under specified conditions.”
CS/HB 1505 has been moving through the process and is on the Second Reading
Calendar. This means it will be going to the House for a floor vote. It does
not have a companion bill in the Senate as yet.
For the analysis of the bill by the House Staff go to:
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=h1505d.EPC.doc&DocumentType=Analysis&BillNumber=1505&Session=2010
Senate Bill S2746
This bill has been sponsored by Senator Gardiner. Again, we have worked with
Senator Gardiner’s staff concerning this bill and fully endorse it.
This description of the bill comes from the Flsenate website:
Education Programs for Children with Disabilities (SPSC): Amends a provision
relating to the John M. McKay Scholarships for Students with Disabilities
Program. Authorizes students who receive certain services under the
Voluntary Prekindergarten Education Program to received a John M. McKay
Scholarship. Revises definitions for the Voluntary Prekindergarten Education
Program. Establishes a prekindergarten program option for children with
disabilities, etc.
See the following website for more information on the bill:
http://www.flsenate.gov/Session/index.cfm?Mode=Bills&SubMenu=1&BI_Mode=ViewBillInfo&Year=2010&BillNum=2746
This bill was introduced on March 11, and no further action has been taken.
While it is comparable to CS/HB 1505, it is not a companion to it.
DEPARTMENT OF HEALTH
SANITATION RULES
We reported to you in February the proposed rules by the Department of
Health which were going to require major retrofitting of showers for any
schools that had P.E. in middle school or above and was requiring a major
pest control plan. These were only two of the more invasive, extremely
costly and unnecessary requirements being proposed in the rule.
A hearing on the proposed rule was held March 5 in Tallahassee. Dr. Patricia
Hardman represented The Coalition at that meeting. Not only were private
school providers quite upset with the proposed rules, but the university
system, community college system, and K-12 system sent representatives to
express their opinions that this proposal was not well thought out and had
major flaws.
At the present moment, DOH is rethinking their proposal. They have not
withdrawn it, but indications are that these major revisions will not be in
the next proposal. In fact, we are encouraging them to take out the present
rule that all schools have to have showers if they offer PE in high school.
This rule has never been enforced in private schools and if it should
suddenly be enforced, it would create extreme financial hardship on private
schools.
Thank you for all of you who wrote emails to DOH. You were heard and you
made a difference. We will keep you posted.
BOARD.
NOMINATIONS
The Coalition has opened the Call for Board members which will be open until
APRIL 23rd. WE NEED VOICES AND HANDS WILLING TO SERVE ON THE BOARD.
Don’t think, “I’m too busy.” Think about what ability or service you can
bring to the board to help continue our mission of keeping the McKay
Scholarship viable for our students, parents and schools.
We need individuals to work on marketing of McKay, legislative issues, and
planning the conference. When each board member takes a small part, we can
do great things. (Nomination forms are attached)
Have a great week!
Robyn A. Rennick, MS
Legislative Chair
FYI – FEBRUARY 25, 2010
ITEMS:
LEGISLATIVE INFO
NEW BOARD MEMBERS
BOARD NOMINATIONS
LEGISLATIVE INFORMATION
The 2010 Legislative Session will begin
next week. Where most eyes are on the economy and ways to stretch the
budget and/or decisions on what more to cut, several bills have been filed,
or expected to be filed, that affect McKay Scholarship Schools, Florida Tax
Credit Scholarship and Voluntary Pre-K. We’ve attached a document from the
Association of Christian Schools International that lists the legislation
that has been filed and/or is pending.
The Coalition has been working with
house staff on issues affecting McKay. The bill has not been filed yet, but
some issues we have been discussing are:
1)
Participation in the McKay Scholarship for parents of eligible students who
were not told about the scholarship before enrolling in a participating
private school;
2) Ability
for children with a recognized disability in PreK to access McKay
Scholarship in Kindergarten without the one year requirement;
3) Inclusion
of students who have doctors’/psychologists’ affidavits saying they must be
taught at home due to severity of disability; and
4) Authority
of the Commissioner of Education to suspend, deny or revoke a private
school’s participation in the scholarship program if the owner/operator of a
school that has been previously been found guilty of certain criminal acts
and/or had a previous school’s participation suspended because of certain
acts.
As soon as this bill is filed, we will
send it to you.
NEW
BOARD MEMBERS
We want to welcome two new board
members to The Coalition of McKay Scholarship Schools. They were appointed
to replace several board members who had to resign. Jennifer Gase is a
dynamic, motivated professional offering a solid foundation in management,
marketing, organization development, fundraising and business
administration. For the past three years, Jen has been the chief
administrator for the Conductive Education Center of Orlando, a Central
Florida based not for profit organization that serves children with
disabilities. She has over ten years of experience in the non-profit sector
encompassing, proposal writing, marketing, human resources, finance, event
planning and management.
Jennifer Gase is a dynamic,
motivated professional offering a solid foundation in management, marketing,
organization development, fundraising and business administration. For the
past three years, Jen has been the chief administrator for the Conductive
Education Center of Orlando, a Central Florida based not for profit
organization that serves children with disabilities. She has over ten years
of experience in the non-profit sector encompassing, proposal writing,
marketing, human resources, finance, event planning and management.