6A-6.0970: John M. McKay Scholarship for Students with Disabilities Program
PURPOSE AND EFFECT: The purpose of this rule amendment is to incorporate legislative revisions to include students who have 504 Plans as eligible for the program and to extend the number of days a student may be in a Department of Juvenile Justice detention center without forfeiting the scholarship. The effect will be a rule that is consistent with the governing statute.
SUMMARY: The proposed rule amendment adds language to include, as eligible students, those who have a 504 accommodation plan issued with a duration of more than six months. It also extends the number of days a student may be in a Department of Juvenile Justice detention center without forfeiting the scholarship, from less than 15 days to no more than 21 days.
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.
This rule amendment is for the purpose of accounting for changes to scholarship eligibility requirements, and is not expected to require legislative ratification pursuant to Section 120.541(3)(a)1., F.S., as there will be no impact on economic growth, job creation or employment, private-sector investment, or business competitiveness. Any increase in regulatory costs would not approach the statutory thresholds for legislative ratification.
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 FS.
LAW IMPLEMENTED: 1002.39 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 25, 2012, 8:00 a.m.
PLACE: Room LL03, The Capitol, 400 South Monroe Street, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mike Kooi, Executive Director, Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400, (850)245-0502
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) through (b)2. No change.
3. Meets one (1) of the following requirements:
a. Is a current public school student with a disability and has an individual education plan or a 504 accommodation plan, unless the accommodation plan has a duration of six (6) months or less; or
b. Is not a current public school student but filed a notice of intent while a public school student, and was a student with a disability and individual education plan or 504 accommodation plan, unless the accommodation plan has a duration of six (6) months or less, at the time he or she left the public school.
(2) through (3)(a)1. No change.
2. Notwithstanding subparagraph (3)(a)1., the following situations are not a return to public school:
a. Admission to a residential hospital for medical reasons.
b. Entry into a Department of Juvenile Justice detention center for a period of no more than twenty-one (21) less than fifteen (15) days.
c. 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,________.