John McKay Scholarships

John M. McKay Scholarships for Students with Disabilities Program

The John M. McKay Scholarships for Students with Disabilities Program provides

parents of students with disabilities options from which to choose the best academic

environment for their children. A parent of an Exceptional Student Education

(ESE) student who is dissatisfied with the student’s current school may choose

to transfer the student to another school and use the scholarship funds to cover

the costs. Eligible students include students with disabilities who have an

Individual Education Plan (IEP), and who are enrolled and reported for

ESE funding by a Florida school district.

Public criticism of the program regarding questionable business practices

of certain private schools accepting scholarship students, as well as reports of

students receiving long-term scholarships under the program for disabilities that

were in fact temporary and short lived, led to investigation by an interim

legislative committee. Findings from the committee suggested one of

the potential solutions to the program’s problems is the need for increased

accountability.

Legislation passed during the 2006 Legislative Session, required students to

have regular and direct contact with their teachers at the schools’ physical

location in order to receive the McKay scholarship. The rule that was adopted

from the legislation, 6A-6.03315, Private School Scholarship Compliance,

section (c) states “regular and direct contact is a program of instruction that

provides for a minimum of 170 actual school instruction days with the required

instructional hours under the direct instruction of the private school’s physical location.”

Approximately 150 children who currently participate in the McKay Scholarship

Program can not attend a classroom for 5 to 6 hours, or meet the regular school

year requirement, which would exclude them from participating in the program.

This was not the intent of the Florida Legislature when its members passed

this bill during the 2006 Legislative Session. Many parents and experts

recommend defining “regular” as either 170 days or the amount prescribed

by a medical professional or psychologist which is appropriate for a

child’s disability. This recommendation would enable some of the state’s

children who have the most severe disabilities to continue to use the McKay Scholarship.

In addition, requiring this time requirement interferes with transitional programs

that prepare older children to join the workforce in a productive, respectful and

meaningful way. Programs requiring all hours of the program to be at the

physical location of the school would reduce valuable work experience and

mentoring opportunities.

The Council’s Position:

· Support medically necessary flexible schooling hours for children

with disabilities through the McKay Scholarship.

· Support on-site and mentoring, vocational training education

programs for children with disabilities as an option for children

receiving the McKay Scholarship.