1. MEMORANDUM
    2. Scholarships for Military-dependent Students (Section 6 of the bill)
    3. Alternative Assessment for Standardized Tests (Section 13 of the bill)
    4. In Summary

FLORIDA DEPARTMENT OF EDUCATION
?
STATE BOARD OF EDUCATION
?
JIM HORNE
Commissioner of Education
F. PHILIP HANDY,
Chairman
T. WILLARD FAIR,
Vice Chairman
Members
LINDA J. EADS, ED.D.
CHARLES PATRICK GARCÍA
JULIA L. JOHNSON
WILLIAM L. PROCTOR, PH.D.
LINDA K. TAYLOR
CONTACT PERSONS
 
  
  
  
  
  
Name:
  
Mary Jo Butler
Rich
  
Downs
  
Phone:
(850) 245-0479
Suncom:
205-0479
292-3732
Email:
maryjo.butler@fldoe.org
rdowns@tempest.coedu.usf.edu
DPS:
?
05-003
MEMORANDUM
TO:
?
District School Superintendents
FROM:
?
Jim Warford
DATE:
?
July 12, 2004
SUBJECT:
?
2004 LEGISLATIVE CHANGES RELATED TO MILITARY-DEPENDENT
STUDENTS
The 2004 Legislature passed Committee Substitute for Committee Substitute for Senate Bill
1604 (CS/CS/SB 1604) that amended several sections of Florida Statutes related to
military-dependent students (see relevant sections in the attached copy of the bill). The bill
addressed a number of issues that impact the quality of life for Florida’s military families and
reflects the recommendations in the Florida Senate Committee on Military and Veterans’
Affairs, Base Protection, and Spaceports Interim Project Report 2004-153,
Programs to
Assist and Support Florida’s Military Families
. It is important for Florida to demonstrate to
the military services and the federal Base Realignment and Closure (BRAC) Commission
the state’s continuing commitment to military personnel, installations, and military families
as the Commission makes its recommendations to the President and Congress in 2005.
2004 Legislative Changes Related to Military-Dependent Students
JIM WARFORD
K – 12 Chancellor
325 W. GAINES STREET • SUITE 514 • TALLAHASSEE, FL 32399-0400 • (850) 245-0509 • www.fldoe.org

July 12, 2004
Page 2
The purpose of this memo is to provide general information related to the recent legislation.
To assist your staff, we have scheduled a conference call for July 15, 2004, to provide
additional information and to provide an opportunity for your staff to share their issues and
concerns (see attached schedule and proposed agenda). We strongly encourage all
districts that have a military installation in their county to participate in the conference call,
as well as those districts that are contiguous to the counties with military installations. Many
military families reside in districts that do not have a military installation and those districts
will be impacted by the recent legislation.
CS/CS SB 1604 amends the following sections of Florida Statutes:
Scholarships for Military-dependent Students (Section 6 of the bill)
Amends section 295.01, Florida Statutes (Children of deceased or disable veterans;
education.--), which previously provided educational opportunity at state expense for
dependent children of a parent who was a resident of the state at the time such parent
entered the United States Armed Forces and who either died from injuries sustained or
disease contracted during a period of wartime, or who subsequently died or may die from
diseases or disability resulting from wartime service. The bill expands the eligibility for the
scholarships to those dependent children whose parent died as a result of service-
connected injuries, disease, or disability sustained while on active duty.
John M. McKay Scholarships for Students with Disabilities Program (Section 11 of
the bill)
Amends section 1002.39, Florida Statutes (The John M. McKay Scholarships for Students
with Disabilities Program.--), to exempt a child with a disability, who is also a dependent
child of a member of the United States Armed Forces, who transfers to a school in Florida
from out of state or from a foreign country pursuant to a parent’s permanent change of
station orders, from the eligibility requirement that the student spend the prior school year in
attendance at a Florida public school. A dependent child of a member of the United States
Armed Forces who transfers to a school in this state from out of state or from a foreign
country pursuant to a parent’s permanent change of station orders must meet all other
eligibility requirements to participate in the program.
The bill requires the State Board of Education to adopt rules to require school districts to
expedite the development of a matrix of services based on a current individual education
plan from another state or foreign country for a transferring student with a disability who is a
dependent child of a member of the United States Armed Forces. The rules must identify
the appropriate school district personnel who must complete the matrix of services. For
purposes of these rules, a transferring student with a disability is one who was previously
enrolled as a student with a disability in an out-of-state or an out-of-country public or private
school or agency program and who is transferring from out of state or from a foreign country
pursuant to a parent’s permanent change of station orders.
2004 Legislative Changes Related to Military-Dependent Students

July 12, 2004
Page 3
Memoranda of Agreement to Facilitate Transition of Military-dependent Children
(Section 12 of the bill)
Amends section 1003.05, Florida Statutes (Assistance to transitioning students from military
families.--), to require that the Department of Education shall facilitate the development and
implementation of memoranda of agreement between school districts and military
installations which address strategies for assisting students who are the children of active-
duty military personnel in their transition to Florida schools.
Assistance for Transferring Students for Special Academic Programs (Section 12 of
the bill)
Amends section 1003.05, Florida Statutes (Assistance to transitioning students from military
families.--), to provide that dependent children of active-duty military personnel who
otherwise meet the eligibility criteria for special academic programs offered through public
schools shall be given first preference for admission to such programs even if the program
is being offered through a public school other than the school to which the student would
generally be assigned and the school at which the program is being offered has reached its
maximum enrollment. If such a program is offered through a public school other than the
school to which the student would generally be assigned, the parent or guardian of the
student must assume responsibility for transporting the student to that school. Special
academic programs include charter schools, magnet schools, advanced studies programs,
advanced placement, dual enrollment, and International Baccalaureate.
Alternative Assessment for Standardized Tests (Section 13 of the bill)
Creates section 1008.221, Florida Statutes (Dependent children of military personnel
transferring to Florida schools; equivalencies for standardized tests.--), to provide that a
dependent child of a member of the United States Armed Forces who enters a public school
at the 12
th
grade from out of state or from a foreign country and provides satisfactory proof
of attaining a score on an approved alternative assessment that is concordant to a passing
score on the grade 10 Florida Comprehensive Assessment Test (FCAT) shall satisfy the
assessment requirement for a standard high school diploma as provided in section
1003.45(5)(a), Florida Statutes (General requirements for high school graduation.--). For
purposes of this section, approved alternative assessments are the SAT and ACT.
In-state Tuition for Foreign Liaison Officers and Their Dependents (Section 14 of the
bill)
Amends section 1009.21, Florida Statutes (Determination of resident status for tuition
purposes.--), to classify as residents for tuition purposes, those active duty members of a
foreign nation’s military who are serving as liaison officers and are residing or stationed in
Florida, and their spouses and dependent children, when attending a community college or
state university within 50 miles of the military establishment where the foreign liaison officer
is stationed. Such classification is also extended to dependents of active duty members of
the U.S. Armed Forces attending a public community college or state university within 50
miles of the military establishment where they are stationed, if such military establishment is
within a county contiguous to Florida.

2004 Legislative Changes Related to Military-Dependent Students
July 12, 2004
Page 4
In Summary
According to the Senate Interim Project Report 2004-153, there are approximately 33,000
school-age dependent children of military families in Florida. These families relocate every
2.9 years. Therefore, approximately 11,000 of these children will relocate into Florida
schools each year. Department staff are developing technical assistance materials to
provide guidance with the implementation of this legislation. Additional information will be
available in the near future. You may view the entire bill at
http://www.flsenate.gov/data/session/2004/Senate/bills/billtext/pdf/s1604er.pdf
JW:mjbo
Attachment
cc:
?
Assistant Superintendents for Curriculum and Instruction
Student Services Directors
Guidance Supervisors
ESE Directors

SENATE 1604: RELATING TO MILITARY AFFAIRS
CODING:
Words stricken are deletions; words underlined are additions.
ENROLLED
2004 Legislature
CS for CS for SB 1604, 1st Engrossed
23
Section 6.
Subsection (1) of section 295.01, Florida
24 Statutes, is amended to read:
25
295.01 Children of deceased or disabled veterans;
26 education.--
27 (1) It is hereby declared to be the policy of the
28 state to provide educational opportunity at state expense for
29 dependent children either of whose parents was a resident of
30 the state at the time such parent entered the Armed Forces
31 and:
1 (a) Died as a result of service-connected injuries,
?
2 disease, or disability sustained while on active duty; in that
?
3 service or from injuries sustained or disease contracted
?
4 during a period of wartime service as defined in s. 1.01(14)
?
5 or has died since or may hereafter die from diseases or
?
6 disability resulting from such war service, or
?
7 (b) Has been:
?
8 1. Determined by the United States Department of
9 Veterans Affairs or its predecessor to have a
10 service-connected 100-percent total and permanent disability
11 rating for compensation;,
12 2. Determined to have a service-connected total and
13 permanent disability rating of 100 percent and is in receipt
14 of disability retirement pay from any branch of the United
15 States Armed Services;, or
16 3. Issued a valid identification card by the
- 1 -
?

17 Department of Veterans' Affairs in accordance with s. 295.17,
?
18
?
19 when the parents of such children have been bona fide
?
20 residents of the state for 5 years next preceding their
?
21 application for the benefits hereof, and subject to the rules,
?
22 restrictions, and limitations hereof
.
?
9
Section 11.
Subsections (2) and (8) of section
?
10 1002.39, Florida Statutes, are amended to read:
?
11 1002.39 The John M. McKay Scholarships for Students
?
12 with Disabilities Program.--There is established a program
?
13 that is separate and distinct from the Opportunity Scholarship
?
14 Program and is named the John M. McKay Scholarships for
?
15 Students with Disabilities Program, pursuant to this section.
?
16 (2) SCHOLARSHIP ELIGIBILITY.--The parent of a public
?
17 school student with a disability who is dissatisfied with the
?
18 student's progress may request and receive from the state a
?
19 John M. McKay Scholarship for the child to enroll in and
?
20 attend a private school in accordance with this section if:
?
21 (a) By assigned school attendance area or by special
?
22 assignment, the student has spent the prior school year in
?
23 attendance at a Florida public school. Prior school year in
?
24 attendance means that the student was enrolled and reported by
?
25 a school district for funding during the preceding October and
?
26 February Florida Education Finance Program surveys in
?
27 kindergarten through grade 12. However, this paragraph does
?
28 not apply to a dependent child of a member of the United
?
29 States Armed Forces who transfers to a school in this state
?
30 from out of state or from a foreign country pursuant to a
?
31 parent's permanent change of station orders. A dependent child
?
- 2 -
?

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
of a member of the United States Armed Forces who transfers to
a school in this state from out of state or from a foreign
country pursuant to a parent's permanent change of station
orders must meet all other eligibility requirements to
participate in the program.
(b) The parent has obtained acceptance for admission
of the student to a private school that is eligible for the
program under subsection (4) and has notified the school
district of the request for a scholarship at least 60 days
prior to the date of the first scholarship payment. The
parental notification must be through a communication directly
to the district or through the Department of Education to the
district in a manner that creates a written or electronic
record of the notification and the date of receipt of the
notification.
This section does not apply to a student who is enrolled in a
school operating for the purpose of providing educational
services to youth in Department of Juvenile Justice commitment
programs. For purposes of continuity of educational choice,
the scholarship shall remain in force until the student
returns to a public school or graduates from high school.
However, at any time, the student's parent may remove the
student from the private school and place the student in
another private school that is eligible for the program under
subsection (4) or in a public school as provided in subsection
(3).
(8) RULES.--The State Board of Education shall may
- 3 -
?

29 adopt rules pursuant to ss. 120.536(1) and 120.54 to
30 administer this section, including rules that school districts
31 must use to expedite the development of a matrix of services
1 based on a current individual education plan from another
2 state or a foreign country for a transferring student with a
3 disability who is a dependent child of a member of the United
4 States Armed Forces. The rules must identify the appropriate
5 school district personnel who must complete the matrix of
6 services. For purposes of these rules, a transferring
7 student with a disability is one who was previously enrolled
8 as a student with a disability in an out-of-state or an
9 out-of-country public or private school or agency program and
10 who is transferring from out of state or from a foreign
11 country pursuant to a parent's permanent change of station
12 orders. However, the inclusion of eligible private schools
13 within options available to Florida public school students
14 does not expand the regulatory authority of the state, its
15 officers, or any school district to impose any additional
16 regulation of private schools beyond those reasonably
17 necessary to enforce requirements expressly set forth in this
18 section.
19
Section 12.
Subsection (2) of section 1003.05, Florida
20 Statutes, is amended, and subsection (3) is added to that
21 section to read:
22 1003.05 Assistance to transitioning students from
23 military families.--
24 (2) The Department of Education shall facilitate the
25 development and implementation of memoranda of agreement
26 between school districts and military installations which
- 4 -
?

27 address strategies for assisting students who are the children
28 of active-duty military personnel in the transition to Florida
29 schools. identify its efforts and strategies for assisting
30 military-connected students in transitioning to the Florida
31 school system, including the identification of acceptable
1 equivalence for curriculum and graduation requirements, and
2 report its findings to the Governor, the President of the
3 Senate, and the Speaker of the House of Representatives by
4 October 1, 2003.
5 (3) Dependent children of active-duty military
6 personnel who otherwise meet the eligibility criteria for
7 special academic programs offered through public schools shall
8 be given first preference for admission to such programs even
9 if the program is being offered through a public school other
10 than the school to which the student would generally be
11 assigned and the school at which the program is being offered
12 has reached its maximum enrollment. If such a program is
13 offered through a public school other than the school to which
14 the student would generally be assigned, the parent or
15 guardian of the student must assume responsibility for
16 transporting the student to that school. For purposes of this
17 subsection special academic programs include charter schools,
18 magnet schools, advanced studies programs, advanced placement,
19 dual enrollment, and International Baccalaureate.
20
Section 13.
Section 1008.221, Florida Statutes, is
21 created to read:
22 1008.221 Dependent children of military personnel
23 transferring to Florida schools; equivalencies for
- 5 -
?

24 standardized tests.--A dependent child of a member of the
25 United States Armed Forces who enters a public school at the
26 12th grade from out of state or from a foreign country and
27 provides satisfactory proof of attaining a score on an
28 approved alternative assessment that is concordant to a
29 passing score on the grade 10 FCAT shall satisfy the
30 assessment requirement for a standard high school diploma as
31
1 provided in s. 1003.43(5)(a). For purposes of this section,
2 approved alternative assessments are the SAT and ACT.
3
Section 14.
Paragraph (b) of subsection (10) of
4 section 1009.21, Florida Statutes, is amended, and paragraph
5 (k) is added to that subsection, to read:
6 1009.21 Determination of resident status for tuition
7 purposes.--Students shall be classified as residents or
8 nonresidents for the purpose of assessing tuition in community
9 colleges and state universities.
10 (10) The following persons shall be classified as
11 residents for tuition purposes:
12 (b) Active duty members of the Armed Services of the
13 United States and their spouses and dependents attending a
14 public community college or state university within 50 miles
15 of the military establishment where they are stationed, if
16 such military establishment is within a county contiguous to
17 Florida.
- 6 -
?

Back to top