Florida Department of Education
Division of Public Schools and Community Education
John M. McKay Scholarships for Students with Disabilities
Program
Questions and Answers
ELIGIBILITY REQUIREMENTS
1. What are the eligibility requirements for a McKay scholarship for a
student with a disability?
In accordance with Section 1002.39, Florida Statutes, student eligibility
requirements include:
the student must be identified as a student with a disability and have a
current individual educational plan (IEP)
the student must have been enrolled and reported for K-12 FEFP funding
during the October and February FTE surveys preceding the request for
scholarship
2. Who is not eligible for the program?
students who do not have a current IEP
students who are gifted and are not also identified as disabled
students with disabilities under Section 504 who do not have a current IEP
students who have been dismissed from exceptional student education
students enrolled in a school providing educational services to youth in
Department of Juvenile Justice commitment programs
students who were not in membership and attendance for both the
preceding October and February FTE surveys
students who were reported in prekindergarten for the preceding October
and February surveys
PARENT RESPONSIBILITIES
3. What are the responsibilities of parents who want their child to
participate in the McKay Scholarship Program?
obtain acceptance for admission to an eligible private school
notify the school district of the request for a scholarship at least 60 days
prior to the next scheduled payment through communication with the
district or Department of Education
there must be a written or electronic record of the notification and the
date of receipt of notification
parents may file intent via website www.opportunityschools.org
1
Florida Department of Education
Division of Public Schools and Community Education
4. Once a child has been accepted to a participating private school, what
are the parents’ responsibilities?
provide
transportation
to the private school
restrictively endorse scholarship payments to the private school for
deposit into the account of the private school
transport student to assessment site, if participation in statewide
assessment is desired
DISTRICT RESPONSIBILITIES
5. What responsibilities do school districts have?
notify parent of all options under scholarship program
notify and offer enrollment in another public school and provide
transportation if the parent selects a public school consistent with the
district’s school choice plan
if a current matrix does not exist, complete a Matrix of Services based on
the student’s current IEP and notify DOE of the matrix level within 30 days
of receiving parental notice of intent
notify the student’s parent within 10 school days of receiving intent if the
matrix has not been completed and provide a date of completion
notify DOE within 10 days of receipt of parent request for scholarship
provide the student’s parent with the student’s matrix level within 10
school days after it’s completion
report to DOE the FTE for all students participating in the program
provide locations and times to take all statewide assessments
PRIVATE SCHOOL RESPONSIBILITIES
6. What are the eligibility requirements for private schools?
demonstrate fiscal soundness
notify the Department of Education of its intent to participate in the
program, specifying grade levels and services available
comply with federal antidiscriminaton provisions
meet state and local health and safety laws and codes
be academically accountable to the parent for meeting the educational
needs of the student
employ or contract with qualified teachers
comply with all state laws relating to general regulation of private schools
adhere to the tenets of its published disciplinary procedures prior to the
expulsion of a scholarship student
2
Florida Department of Education
Division of Public Schools and Community Education
7. What are the responsibilities of private schools wishing to participate in
the program?
provide DOE with a published tuition and fee schedule and each individual
student’s fee schedule at least 30 days before the first quarterly
scholarship payment
verify continued attendance and enrollment of students as requested by
the Department of Education
FUNDING
8. How much is the scholarship?
The scholarship is a calculated amount or the amount of private school’s
tuition and fees, whichever is less. The calculated amount includes
program funding (base student allocation x appropriate cost factor x
district cost differential)
for students with a matrix rating of 251, 252, or 253, a portion of the ESE
Guaranteed Allocation based on student’s grade level, matrix rating
per student share of public school technology, instructional materials, and
supplemental academic instruction allocations
Until a matrix is completed, the calculation will be based on a 251 rating.
Adjustments will occur, if necessary, after matrix completion.
Students who were served less than full-time in the public school (e.g.,
hospital/homebound students) will receive funding based on the number of
hours served per week in the public school prior to receiving the scholarship.
9. How is the scholarship paid?
The scholarship will be paid in four equal payments, on or before: September
1, November 1, February 1, April 15. Individual warrants will be mailed
directly to the participating private school and made payable to the parents. In
order to receive the scholarship, parents must endorse the state warrant to
the private school.
SCHOLARSHIP DURATION
10. How long does the scholarship last?
The scholarship remains in effect until the student returns to public school or
graduates from high school.
3
Florida Department of Education
Division of Public Schools and Community Education
MATRIXES
11. How often are matrixes submitted for students participating in the
scholarship program?
Matrixes are submitted one time for students participating in the program.
Within 30 days of receipt of parental intent to participate in the scholarship
program, districts must complete a matrix of services based upon the
student’s current IEP and submit the matrix rating to the Department of
Education. This rating is not subject to change and will be used to calculate
the scholarship amount for the duration of the student’s participation in the
program. Districts needing to make a correction to their initial submission due
to miscalculation or data entry error should contact the Department of
Education Choice Office.
12. Will school districts be required to complete a new Matrix of Services
based upon the results of a reevaluation?
No. While federal law requires that local education agencies conduct
reevaluations for students with disabilities enrolled in private schools by their
parents, there is no state requirement that requires a new matrix be completed at
the time of the reevaluation. The original matrix rating will continue to be used to
determine the scholarship amount.
REEVALUATIONS
13. What is the intent of the requirement for reevaluation for students with
disabilities placed in private schools by their parents?
In accordance with 34 CFR 300.536 of the regulations implementing the
Individuals with Disabilities Education Act (IDEA), reevaluation is considered a
part of the district’s child find obligation. According to Memorandum #00-14
issued May 4, 2000, by the U. S. Department of Education, Office of Special
Education Programs:
“…The three-year reevaluation requirement applies to all eligible parentally
placed private school children with disabilities, even to those…who are not
currently receiving special education or related services from a public agency in
connection with a parental private school placement. It is
essential
[italics added]
for public agencies to ensure that required reevaluations of all parentally-placed
private school children are conducted because they provide current data for use
in the annual count of the total number of eligible parentally-placed children with
disabilities residing in the local education agency’s (LEA) jurisdiction. This annual
count is used in calculating the proportionate share of funds that must be
expended on services for this population of children.”
4
Florida Department of Education
Division of Public Schools and Community Education
14. Are McKay Scholarship students included in the December 1 Child Count?
No. Students placed in private schools by their parents who do not have an IEP
or services plan, such as McKay Scholarship students, are not included in the
December 1 Child Count.
15. What are the requirements for completing reevaluations for students
participating in the McKay Scholarship Program?
As for all students with disabilities placed in private schools by their parents, the
IDEA requires that the local education agency (LEA) conduct reevaluations for
these students in accordance with evaluation requirements described in 34 CFR
§§300.532-300.535. Districts do, however, have flexibility as to how the
reevaluation process is accomplished. For example, it may assume the
responsibility itself, contract with another agency, or make other arrangements.
16. What strategies can be used to accomplish the activities described above
when the district is not providing any direct services to the student?
It is recommended that at the triennial evaluation time, the district contact the
private school and the parent to inform them of the district’s obligation. Some
strategies for the completion of the triennial evaluation include any
one
of the
following:
schedule a telephone conference call with the private school staff and the
parent – during this call, existing information regarding the student such as
a review of student progress, current classroom-based assessments and
observations by the teacher would be discussed. If at the conclusion of
this discussion it is determined that a formal evaluation is required,
consent of the parent would be obtained prior to conducting any testing; or
arrange for a meeting with private school staff and the parent to conduct
the activities described above; or
collect private school staff and parent input via a form. (The district could
design a form that the parent and private school staff would complete.)
The information captured via this form would provide information on the
student’s current progress, classroom-based assessments, and any
observations of the staff. If this information indicates a need for formal
evaluation, parent consent would need to be obtained prior to conducting
any testing; and
Regardless of the method used for the completion of the triennial evaluation,
documentation of phone conferences or meetings must be maintained.
The review of existing information that is described above must be conducted by
a group composed in a manner consistent with the requirements for IEP teams.
Private school staff would serve in the capacity of the teacher(s) on the team.
5
Florida Department of Education
Division of Public Schools and Community Education
6
17. Will school districts be required to complete a new IEP or Matrix of
Services based upon the results of a reevaluation?
No. While IDEA requires that local education agencies conduct reevaluations for
students with disabilities enrolled in private schools by their parents, there is no
requirement that LEAs develop IEPs for students parentally placed in private
schools and no state requirement for a new matrix.
18. Is parent consent required for the reevaluation process?
Parent consent is not required for the review of existing information as the first
step in conducting the reevaluation process. Federal regulation 34 CFR
300.505(a)(3) states in part , “parental consent is not required before reviewing
existing data as part of an evaluation or a reevaluation.” If, following the review
of existing information, formal testing is recommended, then
parent consent
must be obtained prior to conducting the testing
. If the parent declines to
give consent for a reevaluation, the district should document the steps that were
taken and the parent’s intent that no formal reevaluation testing occur.
19. What happens if the results of a reevaluation indicate that a McKay
scholarship student should be dismissed from exceptional education?
There is currently no provision for the “dismissal” of participating students from
the McKay Scholarship Program. Section 229.05371(2)(b), Florida Statutes,
states that once a student has received a scholarship, the scholarship shall
remain in force until the student returns to a public school or graduates from high
school.