6A-6.0970: John M. McKay Scholarship for Students with Disabilities Program
PURPOSE AND EFFECT: The purpose of the proposed rule development is to clarify and establish specific participation adherence for parents and private schools as related to the John M. McKay Scholarship program by requiring a signed parent affidavit affirming parental compliance with the program. In addition, the rule will clarify private school requirements related to the return of scholarship funds and allow the Department the authority to conduct private school on-site inspections, as appropriate, in conjunction with a formal complaint and refer an inquiry to the Office of Inspector General with the Department at any point. The effect will be a rule amendment which will further strengthen the Departments administration and implementation of the program.
SUBJECT AREA TO BE ADDRESSED: Administrative requirements for parental participation, return of scholarship funds received erroneously by the provider, Departmental authority to conduct private school on-site inspections at the Department’s discretion, and the requirement of a signed notarized parent affidavit asserting knowledge and compliance with the McKay Scholarship Program.
SPECIFIC AUTHORITY: 1002.39 FS.
LAW IMPLEMENTED: 1002.39 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: July 27, 2009, 8:00 a.m. – 5:00 p.m.
PLACE: Via conference call at (888)808-6959, conference code 2450861
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Michael D. Kooi, Executive Director, Office of Independent Education and Parental Choice, Department of Education, 325 W. Gaines Street, Suite 522, Tallahassee, Florida 32399. TO REQUEST A RULE DEVELOPMENT WORKSHOP CONTACT Lynn Abbott, Agency Clerk, (850)245-9661 or lynn.abbott@fldoe.org
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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 (4) No change.
(5)(a) through (b) No change.
(c) The following requirements must be met to qualify for a scholarship payment:
1. The notice of intent, described in subsection (1) of this rule, must be filed sixty (60) days before the first scholarship payment. This is a one-time requirement that applies to scholarship students entering the program for the first time, and no payment can be earned until such time as the notice requirement has been met.
2. A student must have an enrollment date thirty (30) days before the first scholarship payment is made. The submission of the school and student fee schedules are required to establish the enrollment date and are completed using the Department’s website. A student that changes private schools after meeting the enrollment date requirement may still qualify for payment for that payment period.
3. All parents of participating students must have on file with the Department a signed, notarized affidavit form, provided by the Department, affirming that the parent understands and agrees to uphold the responsibilities of the parent and the student as outlined in Section 1002.39(9), F.S., including restrictive endorsement of the scholarship warrants.
4.3. A student must not be enrolled in a public school or violate any of the prohibitions found in Section 1002.39(3), F.S.
5.4. The private school must verify each student’s continued enrollment and attendance using the Department’s website three (3) times per year before the November, February, and April scholarship payments. Failure to verify a student’s continued enrollment and attendance will result in a delayed payment until the next payment period. To receive payment at that time, the private school must verify student attendance for the delayed payment’s payment period and, if the student is still enrolled in the program, for the current payment period.
(d) Private schools are responsible for the return of all scholarship funds to the Department that were received in error, including: for students that were not in attendance, or for services listed on a student’s fee schedule that were not provided. If the Department identifies scholarship funds that should be returned, it shall send a letter via both regular and certified mail requesting the return of the funds. The letter shall state the reason the funds are being requested, the student or students involved, instructions on returning the funds, and the procedure to be followed if the private school believes that return of the funds is being requested in error or wishes to provide additional information related to the requested funds. The Department’s letter may also require the school to provide an explanation for how the private school claimed funds that were erroneously obtained and, if so, shall state that a failure to file a response within the specified time is deemed to be an admission of the allegations in the letter.
1. Private school shall respond to such letter within thirty (30) days by either returning the funds or detailing in writing why its retention of the funds is proper.
2. If the Department receives a letter detailing why the funds were properly retained, it shall determine whether the explanation is sufficient and thereafter alert the private school to any funds still due and a timeframe for the return of those funds. The response shall give the private school or parent at least twenty (20) additional days to repay the funds.
3. Failure to return the funds due back to the Department, or failure to provide an explanation for how the school claimed funds that were erroneously obtained, within the time period allotted shall result in the initiation of noncompliance procedures pursuant to the Commissioner’s authority described in Section 1002.39(7), F.S., and this rule. In order to ensure that scholarship payments are received on the scheduled payment date, any funds requested by the Department must be received at least twenty (20) days prior to the upcoming scheduled payment date. Otherwise scholarship payments will be delayed until the subsequent scholarship payment date.
4. The Department may choose not to issue scholarship payments to students enrolled in a private school that owes funds it erroneously obtained.
(e) Where a scholarship student attends multiple private schools or a private school and the public school in the same payment period, the right to retain the scholarship payment shall be given to the first private school the student attends for ten (10) or more school days during that payment period. If the student does not attend a private school for at least ten (10) days and attends a public school, then the funding generated, if any, shall be retained by the school district and no scholarship payment shall be generated.
(f) To ensure proper administration of scholarship funds, all claims by private schools for missed scholarship payments must be made by June 1 of the fiscal year in which the scholarship payment was originally due.
(6) through (8) No change.
(9) Inquiry process. If an inquiry is made as to the conduct of an individual or entity participating in the program:
(a) A letter of inquiry will be delivered using regular and certified mail that alerts the individual or entity to the inquiry and provides the opportunity to respond. The letter of inquiry shall detail any alleged violations of program rules or law, the response required, any documentation requested, and the deadline for responding to the Department. The letter shall state that a failure to file a response within the specified timeframe is deemed to be an admission of the allegations made in the formal complaint.
(b) Failure to respond to a letter of inquiry in a timely manner by:
1. A parent, then the Department shall determine the effect on notify the parent that the parent’s failure to respond to the letter of inquiry is deemed to be an acceptance of the allegations made in the formal complaint and may affect student eligibility.
2. A private school, then the Department shall proceed with the noncompliance procedures related to the Commissioner’s authority established pursuant to Section 1002.39(7), F.S., and this rule.
3. A school district, then the Department shall take any actions allowable under law to compel school district compliance with program requirements and to ameliorate the effect of the violation on the parent, the student, or private school as appropriate a formal notice will be sent from the Commissioner to the district’s Superintendent stating that failure to respond within five (5) working days shall be deemed to be an admission of the stated violation or allegation.
(c) The Department shall review the response to the letter of inquiry and:
1. If satisfied that no violation of laws or rules related to scholarship program participation occurred, notify the parent, private school, or school district and complainant that the inquiry will be closed.
2. If more information is needed, request additional information related to the inquiry from the complainant, parent, private school, or school district or conduct a site audit/inspection as appropriate.
3. If a violation of laws or rules related to scholarship program participation has been committed by:
a. A parent, then the Department shall notify the parent of any violation of laws or rules committed and any effect it will have on student eligibility.
b. A private school, then the Department shall proceed with the noncompliance procedures related to the Commissioner’s authority established pursuant to Section 1002.39(7), F.S., and this rule.
c. A school district, then the Department shall take any actions allowable under law to compel school district compliance with program requirements and to ameliorate the effect of the violation on the parent, student, or private school as appropriate.
(d) The Department may at any point in the process set forth in this rule, refer an inquiry to the Department’s Office of Inspector General or another appropriate agency for full investigation.
(e) Notwithstanding any other provision of this rule, the Commissioner may at any point before or during the inquiry process exercise the authority given under Section 1002.39(7), F.S., and this rule to immediately suspend payments to a private school if there is probable cause to believe that there is an imminent threat to the health, safety, and welfare of students or suspected fraudulent activity on the part of the private school.
Rulemaking Authority 1002.39(13) FS. Law Implemented 1002.39 FS. History–New 1-18-07, Amended 4-21-09,________.