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Athletics: Know the rules, Avoid the pitfalls; Part 2

2010 Florida Legislative Session Wrap Up

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Are students only eligible for a Bright Futures Scholarship if the graduation date is May or June?

No. Unless the Legislature makes changes to the Bright Futures law, a student who qualifies and graduates on or before August 31 could be awarded a scholarship in the fall of the same calendar year. However, a student graduating on or after September 1 would not be eligible for a scholarship award until the fall semester of the next school year.

Should your child apply for a Bright Futures Scholarship if the student plans to go to a college out of state or does not plan to use the scholarship immediately after graduation?

Yes. A student who applies for an initial award by high school graduation and who meets all other eligibility requirements, but who does not accept the award, may reapply during subsequent application periods up to 3 years after high school graduation. For a student who enlists in the military immediately after high school, the 3-year eligibility period for the initial award begins the date of separation from active duty. To be eligible for the initial award, the student must apply and complete the Florida Student Financial Aid Application (FFAA) prior to high school graduation. If the initial award is reinstated before the end of the 3-year period, the student will receive funding in the fall of the subsequent academic year. Applying for a Bright Futures Scholarship is good insurance if circumstances change and the student returns to a Florida college or university within the 3-year period.


The Legislature may change the Bright Futures Scholarship program in any Session. Please monitor the Florida Bright Futures website http://www.floridastudentfinancialaid.org/ssfad/bf/ in July each year.

If you have a home education question you would like Brenda to answer in a future issue, please submit it to the Editor at www.flhef.org/contact-us, or use this link directly http://www.flhef.org/contact-us/12-contacts/7-editor

Athletics:
Know the rules, Avoid the pitfalls

Thanks to HEF’s passage of the Craig Dickinson
Act, Zach Doran of Tallahassee, FL was able to participate as a home education student on the Lincoln High School baseball team.

Editor's Note: This is the second of a three-part series. See the first part in the April 2010 Newsletter.

Florida law allows a student to participate in athletics at the first school the student enrolls in or makes him/herself a candidate for an athletic team by engaging in a practice each school year, but the law also allows the Florida High School Athletic Association (FHSAA) to set policies to control recruiting.

One of the ways that the FHSAA controls recruiting is by regulation of student participation on non-school teams, in off-season sports or non-school athletic leagues. It is natural for students to bond with coaches or team members through these leagues and want to participate with them at their school. Changing schools at the beginning of the school year is allowed by Florida law, but if that change takes place within 365 days of participation with a non-school league or team, the FHSAA deems it recruiting or enrolling for athletic purposes.

The FHSAA Bylaw 9.2.4 Participation in Non-School Athletic Activities Affiliated with a School is one of the bylaws that addresses this issue. "A student who participates in any non-school athletic activities affiliated with a school that the student does not attend or did not attend in the previous school year and then establishes his/her residence at the affiliated school within one calendar year of such participation will not be eligible in the new school until the student has been in attendance at that school for one calendar year. Establishing such residence is bona fide evidence that the student is attending the school in whole or in part for athletic reasons."

Policy 22.4 addresses the recruiting issue. "Participation by a student in non-school athletics (i.e. AAU, American Legion, club settings, etc.) that is affiliated with any school other than the school which the student attends, or attended the prior year, followed by enrollment by that student in the affiliated school, shall be considered prima facie evidence of recruiting by the school to which that student enrolled, or that the student enrolled in that school in whole or in part for athletic reasons."

A school could be fined for recruiting and the student could lose a year of eligibility if these governing bylaws and policies are violated. Participation with a non-school league or team, coupled with a change of schools involving anyone (an organizer, administrator, coach, parent, player, teacher etc) connected with the league, could also result in fines for the school and loss of eligibility for the athlete. The ineligible ruling could be appealed, but the school or student would have to prove to the satisfaction of the FHSAA Sectional Appeals Committee or the FHSAA Board of Directors that the change was not for athletic reasons. For a home education student athlete that would be difficult since the main reason that a student participates at any school is for athletic reasons.

The safest way for a home educated student to change schools at the beginning of the school year is not to participate in any non-school league for 365 days prior to a change of schools. It is also safe for a student to participate in any off- season team or non-school athletic league as long as the student does not change schools. Careful consideration needs to be given to your choices and how they affect the athlete’s future eligibility. A high school athlete only has four years of eligibility and it would be very disappointing for the athlete to lose one of those years.

Home Educator's Update:
2010 Florida Legislative Session Wrap Up

By Brenda Dickinson, HEF President, Lobbyist

The Session is over and we are waiting for the Governor to review the Bills and the Budget and decide if he will sign, veto or let the bills go into law without his signature. So, this information could change depending on the Governor's action on them. As I comb through the other issues which passed during the last week and determine how the details fit together, I may send out additional information. For the moment, here is information which may affect your students.

The Florida Virtual School (FLVS)

Thank you so much to those who called legislators at the prompting of HEF’s Legislative Alert about the Florida Virtual School. HEF is happy to report that the Legislature:

• Did not limit the time a student has to complete a course. During the budget conference the House refused to accept the Senate language which would have limited the time a student has to complete a ½ credit to 20 weeks and 1 credit to 40 weeks.
• Cut FLVS funding 8% per student for 2010-2011 rather than the 21% per student funding cut that was proposed by the Session over the next two academic years (2010-11 and 2011-12).

FLVS believes that the detrimental effects of these cuts can be minimized by increasing enrollments in the next year. FLVS student to teacher ratio may be increased slightly to offset the approximately $450 reduction in per student funding.

HEF believes that your calls made a difference. If you called your legislators about the FLVS, please call or email to thank them for reducing the amount of the proposed cuts.

Bright Futures Scholarships

Summary: New legislation will raise SAT/ACT test scores required to earn Bright Futures Scholarships for public and private school students over the next four years, while test score requirements for home education students, without documentation of coursework, will remain the same for the first three years. In the fourth year, 2013-14, test scores required for home education students, without course documentation, will only increase by 30 points above the scores currently required of them and 50 points above their public and private school counterparts.

As HEF has been anticipating, the test scores for Bright Futures Scholarships were raised this Session. The Senate had the increase in test scores in their budget conforming language, but the House did not. HEF was very concerned because the test scores currently for home education students were set by the State Board of Education in Administrative Rule. Having to work with the SBE and the Board of Governors to establish new test scores would be very tenuous. The members of these Boards are not elected and they would have to be convinced that home education students not only should be able to receive a Bright Futures Scholarship, but they would be in a position to establish the scores. HEF was very concerned about this task. It was really a miracle that within a 2 - day window, HEF was able to bring this concern to Senator Stephen Wise, Chair of the Education Appropriations Committee. His staff worked with Senator Evelyn Lynn, Chair of the Higher Education Appropriations Committee, to create a section for home educated students specifying their test scores in the statutes. Without this provision home education students would be in limbo.

The increase in test scores for home education students who cannot document their coursework through a public or private school, FLVS or Dual Enrollment or chose not to document their coursework only results in a 30 point increase in the 2013-2014 academic year. The SAT test score for home education students remains at 1070 for the Florida Medallion Scholars Award while the public and private school students are increased over the next 4 years. When the public and private school SAT score reaches 1050, the home education test score jumps to 1100. There is a 50 point difference at the higher level, but the increase for home education students is only 30 points.
Home Education students who can document test scores with courses taken at a Florida public or private school, FLVS or Dual Enrollment increases as the scores for public and private school students increases.

Florida Academic Scholars award was raised as follows:

1. For high school students graduating in the 2010-2011 and 2011-2012 academic years, the student must earn an SAT score of 1270 or a concordant ACT score of 28.
2. For high school students graduating in the 2012-2013 academic year, the student must earn an SAT score of 1280 which corresponds to the 88th SAT percentile rank or a concordant ACT score of 28.
3. For high school students graduating in the 2013-2014 academic year and thereafter, the student must earn an SAT score of 1290 which corresponds to the 89th SAT percentile rank or a concordant ACT score of 29.

Florida Medallion Scholars award was raised as follows:

1. For high school students graduating in the 2010-2011 academic year, the student must earn an SAT score of 970 or a concordant ACT score of 20 or the student in a home education program whose parent cannot document a college-preparatory curriculum must earn an SAT score of 1070 or a concordant ACT score of 23.
2. For high school students graduating in the 2011-2012 academic year, the student must earn an SAT score of 980 which corresponds to the 44th SAT percentile rank or a concordant ACT score of 21 or the student in a home education program whose parent cannot document a college-preparatory curriculum must earn an SAT score of 1070 or a concordant ACT score of 23.
3. For high school students graduating in the 2012-2013 academic year, the student must earn an SAT score of 1020 which corresponds to the 50th SAT percentile rank or a concordant ACT score of 22 or the student in a home education program whose parent cannot document a college-preparatory curriculum must earn an SAT score of 1070 or a concordant ACT score of 23.
4. For high school students graduating in the 2013-2014 academic year and thereafter, the student must earn an SAT score of 1050 which corresponds to the 56th SAT percentile rank or a concordant ACT score of 23 or the student in a home education program whose parent cannot document a college-preparatory curriculum must earn an SAT score of 1100 or a concordant ACT score of 24.

School District Virtual Instruction Program (SDVIP) changes:

• Siblings of students who were enrolled in the SDVIP at the end of the prior school year are eligible to enroll in the program.

McKay Scholarship Program
Summary: The new bill makes it possible for families to access help for a preschooler with certain disabilities without having to send the child to a public preschool at four years of age. It also allows the parent who missed the enrollment time period to take advantage of the McKay Scholarship if the child was enrolled in a public school and had an IEP within the last 5 years.

• HB 1505 made changes to the McKay Scholarship Program for students with Disabilities that will serve as a bridge for children who were served by Child Find from birth to 3 years of age so that they can access a McKay Scholarship without having to enter public school. It will allow a 4 year old with certain disabilities and a current IEP to use their VPK money ($2562) to receive specialized instructional services.

These specialized instructional services may include, but are not limited to:
(a) Applied behavior analysis as defined in ss. 627.6686 and 641.31098.
(b) Speech-language pathology as defined in s. 468.1125.
(c) Occupational therapy as defined in s. 468.203.
(d) Physical therapy as defined is s. 486.021.

HEF worked on this language several years ago when the House had a Select Committee on Autism. However, the recommendations were not accepted by the Senate and the bill died. Only a portion of those recommendations were passed this year, but it is a beginning to providing services to children in their homes. Since many children with disabilities are better served in their homes than in an institutional setting, it is my hope that in the future we will be able to gain more ground.

• HB 1505 opens the McKay Scholarship Program to children who were enrolled in a public school and had an IEP in the last 5 years. Parents who did not know about or take advantage of the opportunity to enroll their child with a disability in a private school will have a second chance.

Read CS/HB 1505

If a parent is interested in taking advantage of these opportunities details will be available from the Florida Department of Education Office of Independent Education and Parental Choice http://www.floridaschoolchoice.org/

Private School Student participation in Athletics at their Zoned Public School:

• The Pilot Program which allowed students who attend a private school without an athletic program in Duval, Nassau and Bradford County to participate in athletics at their zoned public school ended this year without being reauthorized. No new students will be allowed to participate and it will not be expanded to the other counties in the state.