Senate Bill sb2532

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    Florida Senate - 2003                                  SB 2532

    By Senator Wise





    5-1476-03

  1                      A bill to be entitled

  2         An act relating to education; creating s.

  3         1002.395, F.S.; creating the Reduce Class Size

  4         Scholarship Opportunity Program; providing for

  5         eligibility; providing legislative intent;

  6         providing for scholarship funding and payment;

  7         providing for rulemaking; amending s. 220.187,

  8         F.S., relating to corporate tax credits for

  9         contributions to nonprofit scholarship-funding

10         organizations; amending purposes to include

11         children eligible to participate in the Reduce

12         Class Size Scholarship Opportunity Program;

13         redefining the term "qualified student";

14         revising the maximum allowable amount of total

15         scholarship funding tax credits; providing an

16         effective date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Section 1002.395, Florida Statutes, is

21  created to read:

22         1002.395  Reduce Class Size Scholarship Opportunity

23  Program.--

24         (1)  REDUCE CLASS SIZE SCHOLARSHIP OPPORTUNITY

25  PROGRAM.--There is established the Reduce Class Size

26  Scholarship Opportunity Program (RCSSOP) to fulfill the class

27  size reduction mandate set forth in s. 1 of Art. IX of the

28  State Constitution, while providing to residents of this state

29  who have children in overcrowded schools a choice in the type

30  of educational setting in which their children are taught. The

31  RCSSOP expands the state's school choice program to eligible

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    Florida Senate - 2003                                  SB 2532
    5-1476-03




 1  students who are attending overcrowded schools by providing

 2  scholarships to such students to attend a private school as

 3  defined in s. 623.02 or a nonprofit organization that charges

 4  tuition and has exempt status under s. 501(c)(3) of the

 5  Internal Revenue Code of 1986, as amended.

 6         (2)  SCHOLARSHIP ELIGIBILITY.--The parent of a public

 7  school student whose assigned school or classroom is

 8  overcrowded, according to the definition of an overcrowded

 9  school and classroom established by the Department of

10  Education, is eligible to participate in the RCSSOP. A student

11  may receive a Reduce Class Size Scholarship Opportunity

12  Program Scholarship as follows:

13         (a)  If the number of students in a qualifying school

14  or classroom who desire to participate in any year exceeds the

15  number permitted to participate, the students shall be

16  selected by lottery, using a method approved by the

17  Commissioner of Education. To the greatest extent possible,

18  the lottery must provide that the same percentage of students

19  eligible for free or reduced-price lunches who are enrolled in

20  the public school are selected for the program; and

21         (b)  The parent of the student who is applying for a

22  scholarship must have obtained acceptance for admission of the

23  student to a private school or nonprofit organization that is

24  eligible for the program and must have notified the school

25  district of the request for a RCSSOP Scholarship at least 60

26  days before the date of the first scholarship payment.

27  Notification must be made by communicating directly with the

28  school district or through the Department of Education in a

29  manner that creates a written or electronic record of the

30  notification and the date of the notification of the request

31  for a scholarship.

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    Florida Senate - 2003                                  SB 2532
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 1  

 2  For purposes of continuity of educational choice, a RCSSOP

 3  Scholarship may remain in effect until a student graduates

 4  from high school.

 5         (3)  ELIGIBILITY OF PRIVATE SCHOOL OR NONPROFIT

 6  ORGANIZATION.--To be eligible to participate in the RCSSOP, a

 7  private school or nonprofit organization must be located in

 8  this state and must:

 9         (a)  Have an admissions policy that does not

10  discriminate as to race, religion, ethnicity, national origin,

11  or gender.

12         (b)  Provide a curriculum that includes the following

13  five core subjects: English, including, for elementary school

14  students, reading fundamentals; mathematics; science; history;

15  and geography. A school formed to meet the special needs of

16  profoundly mentally handicapped, trainable mentally

17  handicapped, dual sensory impaired, or autistic students is

18  exempt from the curriculum requirements of this paragraph and

19  the testing requirement of paragraph (d).

20         (c)  Disclose teachers' credentials to parents.

21         (d)  Except as otherwise provided, post-test all

22  students, using a uniformly applied standardized testing

23  instrument, to determine learning progress and must provide a

24  copy of the results to the Department of Education.

25         (e)  Have been operating for at least 2 calendar years

26  or, if in operation for less than 2 calendar years, must have

27  obtained a letter of credit or a bond indemnifying the state

28  from monetary loss.

29         (4)  LEGISLATIVE INTENT.--It is the intent of the

30  Legislature that RCSSOP will not result in any additional

31  regulation of private schools. Participating schools,

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    Florida Senate - 2003                                  SB 2532
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 1  regardless of size, shall be accorded maximum flexibility to

 2  educate their students and shall be free from unnecessary,

 3  burdensome, or onerous regulation.

 4         (5)  SCHOLARSHIP FUNDING AND PAYMENT.--

 5         (a)1.  The parent of a student who is participating in

 6  the RCSSOP is entitled to direct to the private school or

 7  nonprofit organization a payment of the base rate of 50

 8  percent of the weighted full-time equivalent student funding,

 9  based on the assigned program cost factor in the Florida

10  Education Finance Program, for such a student in kindergarten

11  through grade 12 for up to 180 days of instruction per local

12  school district fiscal year or the actual cost for tuition at

13  the school, whichever is less.

14         2.  If a student is eligible to participate in the free

15  lunch program pursuant to 42 U.S.C. 1758(b), the parent is

16  entitled to direct a payment of 1.5 times the base rate or the

17  actual cost for tuition at the school, whichever is less.

18         3.  If a student is eligible to participate in the

19  reduced-price lunch program pursuant to 42 U.S.C. 1758(b), the

20  parent is entitled to direct a payment of 1.25 times the base

21  rate or the actual cost for tuition at the school, whichever

22  is less.

23  

24  Any amount of funding which is not used for tuition and which

25  the parent of a student would otherwise be eligible to direct

26  may be used to reimburse the parent for any transportation

27  costs incurred in transporting his or her child to school. The

28  parent may apply to the Department of Education, using a

29  transportation reimbursement form that the department shall

30  provide. Actual mileage, reimbursed at the state rate, or

31  public transportation costs are eligible transportation

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    Florida Senate - 2003                                  SB 2532
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 1  expenses. All unused tuition money must be sent to a

 2  direct-support organization that has exempt status under s.

 3  501(c)(3) of the Internal Revenue Code of 1986, as amended,

 4  and that was created by the Department of Education.

 5         (b)  Each school district shall receive 10 percent of

 6  the weighted full-time equivalent student funding, based on

 7  the assigned cost factor as provided in the Florida Education

 8  Finance Program, for each student in the school district who

 9  is participating in the RCSSOP.

10         (c)  All remaining moneys of the weighted full-time

11  equivalent student funding, based on the assigned program cost

12  factor as provided in the Florida Education Finance Program,

13  for each student participating in the RCSSOP must be sent to

14  the direct-support organization specified in paragraph (a).

15  Beginning the second year of the RCSSOP, the direct-support

16  organization shall use these funds as matching dollars to be

17  matched with dollars from eligible nonprofit

18  scholarship-funding organizations defined in s. 220.187. Such

19  funds must be used for providing payment to be directed by the

20  parent to a private school or nonprofit organization for a

21  student who was attending a private school or nonprofit

22  organization at the time the student was selected to

23  participate in the RCSSOP.

24         (d)  Private school and nonprofit organization students

25  shall be selected to participate in the RCSSOP by means of a

26  lottery until direct-support organization funds are depleted.

27  The Department of Education shall ensure that funds sent to

28  the direct-support organization for a school district are

29  earmarked for that school district in accordance with this

30  section.

31  

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    Florida Senate - 2003                                  SB 2532
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 1         (6)  A participating private school or nonprofit

 2  organization or a district school board is not obligated to

 3  provide transportation to students who participate in the

 4  RCSSOP.

 5         (7)  The State Board of Education, in order to avoid

 6  creating an undue financial burden on the participants in the

 7  RCSSOP, shall adopt rules to ensure the prompt payment on

 8  behalf of parents of qualified participants in this program.

 9  Upon authorization of the parent, payment for the school year

10  must be made directly to the authorized private school or

11  nonprofit organization in nine equal monthly payments. The

12  parent's signature must be obtained at the school or

13  organization at the time of each payment.

14         Section 2.  Paragraph (b) of subsection (1), paragraph

15  (e) of subsection (2), and paragraph (b) of subsection (3) of

16  section 220.187, Florida Statutes, are amended to read:

17         220.187  Credits for contributions to nonprofit

18  scholarship-funding organizations.--

19         (1)  PURPOSE.--The purpose of this section is to:

20         (b)  Expand educational opportunities for children of

21  families that have limited financial resources or are eligible

22  to participate in the Reduce Class Size Scholarship

23  Opportunity Program.

24         (2)  DEFINITIONS.--As used in this section, the term:

25         (e)  "Qualified student" means a student who qualifies

26  for free or reduced-price school lunches under the National

27  School Lunch Act, who is eligible to participate in the Reduce

28  Class Size Scholarship Opportunity Program, and who:

29         1.  Was counted as a full-time equivalent student

30  during the previous state fiscal year for purposes of state

31  per-student funding;

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    Florida Senate - 2003                                  SB 2532
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 1         2.  Received a scholarship from an eligible nonprofit

 2  scholarship-funding organization during the previous school

 3  year; or

 4         3.  Is eligible to enter kindergarten or first grade.

 5         (3)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX

 6  CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--

 7         (b)  The total amount of tax credit which may be

 8  granted each state fiscal year under this section is $100 $50

 9  million.

10         Section 3.  This act shall take effect July 1, 2003.

11  

12            *****************************************

13                          SENATE SUMMARY

14    Creates the Reduce Class Size Scholarship Opportunity
      Program. Provides for eligibility. Provides legislative
15    intent. Provides for scholarship funding and payment.
      Allows corporate tax credits for funding such
16    scholarships.

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