Amendment
Bill No. 0002

Amendment No. 092171

CHAMBER ACTION
Senate		House
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1	Representative(s) Pickens offered the following:
2
3	Amendment (with title amendment)
4	On page 11, line 31 through page 62, line 4, remove
5	everything after the enacting clause, and insert:
6	Section 1.  Section 1002.39, Florida Statutes, is amended
7	to read:
8	1002.39  The John M. McKay Scholarships for Students with
9	Disabilities Program.--There is established a program that is
10	separate and distinct from the Opportunity Scholarship Program
11	and is named the John M. McKay Scholarships for Students with
12	Disabilities Program, pursuant to this section.
13	(1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
14	DISABILITIES PROGRAM.--The John M. McKay Scholarships for
15	Students with Disabilities Program is established to provide the
16	option to attend a public school other than the one to which
17	assigned, or to provide a scholarship to a private school of
18	choice, for students with disabilities for whom an individual
19	education plan has been written in accordance with rules of the
20	State Board of Education. Students with disabilities include K-
21	12 students who are documented as having mental retardation; a
22	mentally handicapped, speech or and language impairment; a
23	impaired, deaf or hard of hearing impairment, including
24	deafness; a visual impairment, including blindness; a visually
25	impaired, dual sensory impairment; a physical impairment; a
26	serious emotional disturbance, including an emotional handicap;
27	a impaired, physically impaired, emotionally handicapped,
28	specific learning disability, including, but not limited to,
29	dyslexia, dyscalculia, or developmental aphasia; a traumatic
30	brain injury; disabled, hospitalized or homebound, or autism
31	autistic.
32	(2)  JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.--The parent of
33	a public school student with a disability who is dissatisfied
34	with the student's progress may request and receive from the
35	state a John M. McKay Scholarship for the child to enroll in and
36	attend a private school in accordance with this section if:
37	(a)  By assigned school attendance area or by special
38	assignment, The student has spent the prior school year in
39	attendance at a Florida public school or the Florida School for
40	the Deaf and the Blind. Prior school year in attendance means
41	that the student was:
42	1.  Enrolled and reported by a school district for funding
43	during the preceding October and February Florida Education
44	Finance Program surveys in kindergarten through grade 12, which
45	shall include time spent in a Department of Juvenile Justice
46	commitment program if funded under the Florida Education Finance
47	Program;
48	2.  Enrolled and reported by the Florida School for the
49	Deaf and the Blind during the preceding October and February
50	student membership surveys in kindergarten through grade 12; or
51	3.  Enrolled and reported by a school district for funding
52	during the preceding October and February Florida Education
53	Finance Program surveys, at least 4 years old when so enrolled
54	and reported, and eligible for services under s. 1003.21(1)(e).
55
56	However, this paragraph does not apply to a dependent child of a
57	member of the United States Armed Forces who transfers to a
58	school in this state from out of state or from a foreign country
59	pursuant to a parent's permanent change of station orders is
60	exempt from this paragraph but. A dependent child of a member of
61	the United States Armed Forces who transfers to a school in this
62	state from out of state or from a foreign country pursuant to a
63	parent's permanent change of station orders must meet all other
64	eligibility requirements to participate in the program.
65	(b)  The parent has obtained acceptance for admission of
66	the student to a private school that is eligible for the program
67	under subsection (8)(4) and has requested from the department
68	notified the school district of the request for a scholarship at
69	least 60 days prior to the date of the first scholarship
70	payment. The request parental notification must be through a
71	communication directly to the department district or through the
72	Department of Education to the district in a manner that creates
73	a written or electronic record of the request notification and
74	the date of receipt of the request notification.
75
76	This section does not apply to a student who is enrolled in a
77	school operating for the purpose of providing educational
78	services to youth in Department of Juvenile Justice commitment
79	programs. For purposes of continuity of educational choice, the
80	scholarship shall remain in force until the student returns to a
81	public school or graduates from high school. However, at any
82	time, the student's parent may remove the student from the
83	private school and place the student in another private school
84	that is eligible for the program under subsection (4) or in a
85	public school as provided in subsection (3).
86	(3)  JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.--A student is
87	not eligible for a John M. McKay Scholarship while he or she is:
88	(a)  Enrolled in a school operating for the purpose of
89	providing educational services to youth in Department of
90	Juvenile Justice commitment programs.
91	(b)  Receiving a corporate income tax credit scholarship
92	under s. 220.187.
93	(c)  Receiving an educational scholarship pursuant to this
94	chapter.
95	(d)  Participating in a home education program as defined
96	in s. 1002.01(1).
97	(e)  Participating in a private tutoring program pursuant
98	to s. 1002.43.
99	(f)  Participating in a virtual school, correspondence
100	school, or distance learning program that receives state funding
101	pursuant to the student's participation.
102	(g)  Enrolled in the Florida School for the Deaf and the
103	Blind.
104	(4)  TERM OF JOHN M. MCKAY SCHOLARSHIP.--
105	(a)  For purposes of continuity of educational choice, a
106	John M. McKay Scholarship shall remain in force until the
107	student returns to a public school, graduates from high school,
108	or reaches the age of 22, whichever occurs first.
109	(b)  Upon reasonable notice to the department and the
110	school district, the student's parent may remove the student
111	from the private school and place the student in a public
112	school, as provided in subparagraph (5)(a)2.
113	(c)  Upon reasonable notice to the department, the
114	student's parent may move the student from one participating
115	private school to another participating private school.
116	(5)(3)  SCHOOL DISTRICT AND DEPARTMENT OF EDUCATION
117	OBLIGATIONS; PARENTAL OPTIONS.--
118	(a)1.  By April 1 of each year and within 10 days after an
119	individual education plan meeting, a school district shall
120	timely notify the parent of the student of all options available
121	pursuant to this section, inform the parent of the availability
122	of the department's telephone hotline and Internet website for
123	additional information on John M. McKay Scholarships, and offer
124	that student's parent an opportunity to enroll the student in
125	another public school within the district.
126	2.  The parent is not required to accept the this offer of
127	enrolling in another public school in lieu of requesting a John
128	M. McKay Scholarship to a private school. However, if the parent
129	chooses the public school option, the student may continue
130	attending a public school chosen by the parent until the student
131	graduates from high school.
132	3.  If the parent chooses a public school consistent with
133	the district school board's choice plan under s. 1002.31, the
134	school district shall provide transportation to the public
135	school selected by the parent. The parent is responsible to
136	provide transportation to a public school chosen that is not
137	consistent with the district school board's choice plan under s.
138	1002.31.
139	(b)1.  For a student with disabilities who does not have a
140	matrix of services under s. 1011.62(1)(e), the school district
141	must complete a matrix that assigns the student to one of the
142	levels of service as they existed prior to the 2000-2001 school
143	year.
144	2.a.  Within 10 school days after it receives notification
145	of a parent's request for a John M. McKay Scholarship, a
146	district school board must notify the student's parent if the
147	matrix has not been completed and inform the parent that the
148	district is required to complete the matrix within 30 days after
149	receiving notice of the parent's request for a John M. McKay
150	Scholarship. This notice should include the required completion
151	date for the matrix.
152	b.  The school district must complete the matrix of
153	services for any student who is participating in the John M.
154	McKay Scholarships for Students with Disabilities Program and
155	must notify the department of Education of the student's matrix
156	level within 30 days after receiving notification of a request
157	by the student's parent of intent to participate in the
158	scholarship program. The school district must provide the
159	student's parent with the student's matrix level within 10
160	school days after its completion.
161	c.  The department of Education shall notify the private
162	school of the amount of the scholarship within 10 days after
163	receiving the school district's notification of the student's
164	matrix level. Within 10 school days after it receives
165	notification of a parent's intent to apply for a McKay
166	Scholarship, a district school board must notify the student's
167	parent if the matrix has not been completed and provide the
168	parent with the date for completion of the matrix required in
169	this paragraph.
170	d.  A school district may change a matrix of services only
171	if the change is to correct a technical, typographical, or
172	calculation error.
173	(c)  A school district shall provide notification to
174	parents of the availability of a reevaluation at least every 3
175	years of each student who receives a John M. McKay Scholarship.
176	(d)(c)  If the parent chooses the private school option and
177	the student is accepted by the private school pending the
178	availability of a space for the student, the parent of the
179	student must notify the department school district 60 days prior
180	to the first scholarship payment and before entering the private
181	school in order to be eligible for the scholarship when a space
182	becomes available for the student in the private school.
183	(e)(d)  The parent of a student may choose, as an
184	alternative, to enroll the student in and transport the student
185	to a public school in an adjacent school district which has
186	available space and has a program with the services agreed to in
187	the student's individual education plan already in place, and
188	that school district shall accept the student and report the
189	student for purposes of the district's funding pursuant to the
190	Florida Education Finance Program.
191	(f)(e)  For a student in the district who participates in
192	the John M. McKay Scholarships for Students with Disabilities
193	Program whose parent requests that the student take the
194	statewide assessments under s. 1008.22, the district shall
195	provide locations and times to take all statewide assessments.
196	(f)  A school district must notify the Department of
197	Education within 10 days after it receives notification of a
198	parent's intent to apply for a scholarship for a student with a
199	disability. A school district must provide the student's parent
200	with the student's matrix level within 10 school days after its
201	completion.
202	(6)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The department
203	shall:
204	(a)  Establish a toll-free hotline that provides parents
205	and private schools with information on participation in the
206	John M. McKay Scholarships for Students with Disabilities
207	Program.
208	(b)  Annually verify the eligibility of private schools
209	that meet the requirements of subsection (8).
210	(c)  Establish a process by which individuals may notify
211	the department of any violation by a parent, private school, or
212	school district of state laws relating to program participation.
213	The department shall conduct an investigation of any written
214	complaint of a violation of this section, or make a referral to
215	the appropriate agency for an investigation, if the complaint is
216	signed by the complainant and is legally sufficient. A complaint
217	is legally sufficient if it contains ultimate facts that show
218	that a violation of this section or any rule adopted by the
219	State Board of Education has occurred. In order to determine
220	legal sufficiency, the department may require supporting
221	information or documentation from the complainant.
222	(d)  Require an annual, notarized, sworn compliance
223	statement by participating private schools certifying compliance
224	with state laws and shall retain such records.
225	(e)  Cross-check the list of participating scholarship
226	students with the public school enrollment lists prior to the
227	first scholarship payment to avoid duplication.
228	(7)  COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.--
229	(a)  The Commissioner of Education shall deny, suspend, or
230	revoke a private school's participation in the scholarship
231	program if it is determined that the private school has failed
232	to comply with the provisions of this section. However, in
233	instances in which the noncompliance is correctable within a
234	reasonable amount of time and in which the health, safety, and
235	welfare of the students are not threatened, the commissioner may
236	issue a notice of noncompliance which shall provide the private
237	school with a timeframe within which to provide evidence of
238	compliance prior to taking action to suspend or revoke the
239	private school's participation in the scholarship program.
240	(b)  The commissioner's determination is subject to the
241	following:
242	1.  If the commissioner intends to deny, suspend, or revoke
243	a private school's participation in the scholarship program, the
244	department shall notify the private school of such proposed
245	action in writing by certified mail and regular mail to the
246	private school's address of record with the department. The
247	notification shall include the reasons for the proposed action
248	and notice of the timelines and procedures set forth in this
249	paragraph.
250	2.  The private school that is adversely affected by the
251	proposed action shall have 15 days from receipt of the notice of
252	proposed action to file with the department's agency clerk a
253	request for a proceeding pursuant to ss. 120.569 and 120.57. If
254	the private school is entitled to a hearing under s. 120.57(1),
255	the department shall forward the request to the Division of
256	Administrative Hearings.
257	3.  Upon receipt of a request referred pursuant to this
258	paragraph, the director of the Division of Administrative
259	Hearings shall expedite the hearing and assign an administrative
260	law judge who shall commence a hearing within 30 days after the
261	receipt of the formal written request by the division and enter
262	a recommended order within 30 days after the hearing or within
263	30 days after receipt of the hearing transcript, whichever is
264	later. Each party shall be allowed 10 days in which to submit
265	written exceptions to the recommended order. A final order shall
266	be entered by the agency within 30 days after the entry of a
267	recommended order. The provisions of this subparagraph may be
268	waived upon stipulation by all parties.
269	(c)  The commissioner may immediately suspend payment of
270	scholarship funds if it is determined that there is probable
271	cause to believe that there is:
272	1.  An imminent threat to the health, safety, and welfare
273	of the students; or
274	2.  Fraudulent activity on the part of the private school.
275
276	The commissioner's order suspending payment pursuant to this
277	paragraph may be appealed pursuant to the same procedures and
278	timelines as the notice of proposed action set forth in
279	paragraph (b).
280	(8)(4)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be
281	eligible to participate in the John M. McKay Scholarships for
282	Students with Disabilities Program, a private school must be a
283	Florida private school, may be sectarian or nonsectarian, and
284	must:
285	(a)  Comply with all requirements for private schools
286	participating in state school choice scholarship programs
287	pursuant to s. 1002.421.
288	(b)  Provide the department all documentation required for
289	a student's participation, including the private school's and
290	student's fee schedules, at least 30 days before the first
291	quarterly scholarship payment is made for the student.
292	(c)  Be academically accountable to the parent for meeting
293	the educational needs of the student by:
294	1.  At a minimum, annually providing to the parent a
295	written explanation of the student's progress.
296	2.  Cooperating with the scholarship student whose parent
297	chooses to participate in the statewide assessments pursuant to
298	s. 1008.22.
299
300	The inability of a private school to meet the requirements of
301	this subsection shall constitute a basis for the ineligibility
302	of the private school to participate in the scholarship program
303	as determined by the department.
304	(a)  Demonstrate fiscal soundness by being in operation for
305	1 school year or provide the Department of Education with a
306	statement by a certified public accountant confirming that the
307	private school desiring to participate is insured and the owner
308	or owners have sufficient capital or credit to operate the
309	school for the upcoming year serving the number of students
310	anticipated with expected revenues from tuition and other
311	sources that may be reasonably expected. In lieu of such a
312	statement, a surety bond or letter of credit for the amount
313	equal to the scholarship funds for any quarter may be filed with
314	the department.
315	(b)  Notify the Department of Education of its intent to
316	participate in the program under this section. The notice must
317	specify the grade levels and services that the private school
318	has available for students with disabilities who are
319	participating in the scholarship program.
320	(c)  Comply with the antidiscrimination provisions of 42
321	U.S.C. s. 2000d.
322	(d)  Meet state and local health and safety laws and codes.
323	(e)  Be academically accountable to the parent for meeting
324	the educational needs of the student.
325	(f)  Employ or contract with teachers who hold
326	baccalaureate or higher degrees, or have at least 3 years of
327	teaching experience in public or private schools, or have
328	special skills, knowledge, or expertise that qualifies them to
329	provide instruction in subjects taught.
330	(g)  Comply with all state laws relating to general
331	regulation of private schools.
332	(h)  Adhere to the tenets of its published disciplinary
333	procedures prior to the expulsion of a scholarship student.
334	(9)(5)  PARENT AND STUDENT RESPONSIBILITIES FOR OBLIGATION
335	OF PROGRAM PARTICIPATION PARTICIPANTS.--A parent who applies for
336	a John M. McKay Scholarship is exercising his or her parental
337	option to place his or her child in a private school.
338	(a)  A parent who applies for a John M. McKay Scholarship
339	is exercising his or her parental option to place his or her
340	child in a private school. The parent must select the private
341	school and apply for the admission of his or her child.
342	(b)  The parent must have requested the scholarship at
343	least 60 days prior to the date of the first scholarship
344	payment.
345	(c)  Any student participating in the John M. McKay
346	Scholarships for Students with Disabilities scholarship Program
347	must remain in attendance throughout the school year, unless
348	excused by the school for illness or other good cause, and must
349	comply fully with the school's code of conduct.
350	(d)  Each The parent and of each student has an obligation
351	to the private school to participating in the scholarship
352	program must comply fully with the private school's published
353	policies parental involvement requirements, unless excused by
354	the school for illness or other good cause.
355	(e)  If the parent requests that the student participating
356	in the John M. McKay Scholarships for Students with Disabilities
357	scholarship Program take all statewide assessments required
358	pursuant to s. 1008.22, the parent is responsible for
359	transporting the student to the assessment site designated by
360	the school district.
361	(f)  Upon receipt of a scholarship warrant, the parent to
362	whom the warrant is made must restrictively endorse the warrant
363	to the private school for deposit into the account of the
364	private school. The parent may not designate any entity or
365	individual associated with the participating private school as
366	the parent's attorney in fact to sign a scholarship warrant. A
367	participant who fails to comply with this paragraph forfeits the
368	scholarship.
369	(g)  A participant who fails to comply with this subsection
370	forfeits the scholarship.
371	(10)(6)  JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.--
372	(a)1.  The maximum scholarship granted for an eligible
373	student with disabilities shall be a calculated amount
374	equivalent to the base student allocation in the Florida
375	Education Finance Program multiplied by the appropriate cost
376	factor for the educational program that would have been provided
377	for the student in the district school to which he or she was
378	assigned, multiplied by the district cost differential.
379	2.  In addition, a share of the guaranteed allocation for
380	exceptional students shall be determined and added to the
381	calculated amount. The calculation shall be based on the
382	methodology and the data used to calculate the guaranteed
383	allocation for exceptional students for each district in chapter
384	2000-166, Laws of Florida. Except as provided in subparagraphs
385	subparagraph 3. and 4., the calculation shall be based on the
386	student's grade, matrix level of services, and the difference
387	between the 2000-2001 basic program and the appropriate level of
388	services cost factor, multiplied by the 2000-2001 base student
389	allocation and the 2000-2001 district cost differential for the
390	sending district. Also, the calculated amount shall include the
391	per-student share of supplemental academic instruction funds,
392	instructional materials funds, technology funds, and other
393	categorical funds as provided for such purposes in the General
394	Appropriations Act.
395	3.  The calculated scholarship amount for a student who has
396	spent the prior school year in attendance at the Florida School
397	for the Deaf and the Blind shall be calculated as provided in
398	subparagraphs 1. and 2. However, the calculation shall be based
399	on the school district in which the parent resides at the time
400	of the scholarship request.
401	4.3.  Until the school district completes the matrix
402	required by paragraph (5)(3)(b), the calculation shall be based
403	on the matrix that assigns the student to support level I of
404	service as it existed prior to the 2000-2001 school year. When
405	the school district completes the matrix, the amount of the
406	payment shall be adjusted as needed.
407	(b)  The amount of the John M. McKay Scholarship shall be
408	the calculated amount or the amount of the private school's
409	tuition and fees, whichever is less. The amount of any
410	assessment fee required by the participating private school may
411	be paid from the total amount of the scholarship.
412	(c)  If the participating private school requires partial
413	payment of tuition prior to the start of the academic year to
414	reserve space for students admitted to the school, that partial
415	payment may be paid by the Department of Education prior to the
416	first quarterly payment of the year in which the John M. McKay
417	Scholarship is awarded, up to a maximum of $1,000, and deducted
418	from subsequent scholarship payments. If a student decides not
419	to attend the participating private school, the partial
420	reservation payment must be returned to the Department of
421	Education by the participating private school. There is a limit
422	of one reservation payment per student per year.
423	(c)1.(d)  The school district shall report all students who
424	are attending a private school under this program. The students
425	with disabilities attending private schools on John M. McKay
426	Scholarships shall be reported separately from other students
427	reported for purposes of the Florida Education Finance Program.
428	2.  For program participants who are eligible under
429	subparagraph (2)(a)2., the school district that is used as the
430	basis for the calculation of the scholarship amount as provided
431	in subparagraph (a)3. shall:
432	a.  Report to the department all such students who are
433	attending a private school under this program.
434	b.  Be held harmless for such students from the weighted
435	enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.a.
436	during the first school year in which the students are reported.
437	(d)(e)  Following notification on July 1, September 1,
438	December 1, or February 1 of the number of program participants,
439	the department of Education shall transfer, from General Revenue
440	funds only, the amount calculated under paragraph (b) from the
441	school district's total funding entitlement under the Florida
442	Education Finance Program and from authorized categorical
443	accounts to a separate account for the scholarship program for
444	quarterly disbursement to the parents of participating students.
445	Funds may not be transferred from any funding provided to the
446	Florida School for the Deaf and the Blind for program
447	participants who are eligible under subparagraph (2)(a)2. For a
448	student exiting a Department of Juvenile Justice commitment
449	program who chooses to participate in the scholarship program,
450	the amount of the John M. McKay Scholarship calculated pursuant
451	to paragraph (b) shall be transferred from the school district
452	in which the student last attended a public school prior to
453	commitment to the Department of Juvenile Justice. When a student
454	enters the scholarship program, the department of Education must
455	receive all documentation required for the student's
456	participation, including the private school's and student's fee
457	schedules, at least 30 days before the first quarterly
458	scholarship payment is made for the student. The Department of
459	Education may not make any retroactive payments.
460	(e)(f)  Upon notification proper documentation reviewed and
461	approved by the department that it has received the
462	documentation required under paragraph (d) Department of
463	Education, the Chief Financial Officer shall make scholarship
464	payments in four equal amounts no later than September 1,
465	November 1, February 1, and April 1 15 of each academic year in
466	which the scholarship is in force. The initial payment shall be
467	made after department of Education verification of admission
468	acceptance, and subsequent payments shall be made upon
469	verification of continued enrollment and attendance at the
470	private school. Payment must be by individual warrant made
471	payable to the student's parent and mailed by the department of
472	Education to the private school of the parent's choice, and the
473	parent shall restrictively endorse the warrant to the private
474	school for deposit into the account of the private school.
475	(f)  Subsequent to each scholarship payment, the Department
476	of Financial Services shall randomly review endorsed warrants to
477	confirm compliance with endorsement requirements. The Department
478	of Financial Services shall immediately report inconsistencies
479	or irregularities to the department.
480	(11)(7)  LIABILITY.--No liability shall arise on the part
481	of the state based on the award or use of a John M. McKay
482	Scholarship.
483	(12)  SCOPE OF AUTHORITY.--The inclusion of eligible
484	private schools within options available to Florida public
485	school students does not expand the regulatory authority of the
486	state, its officers, or any school district to impose any
487	additional regulation of private schools beyond those reasonably
488	necessary to enforce requirements expressly set forth in this
489	section.
490	(13)(8)  RULES.--The State Board of Education shall adopt
491	rules pursuant to ss. 120.536(1) and 120.54 to administer this
492	section, including rules that school districts must use to
493	expedite the development of a matrix of services based on an
494	active a current individual education plan from another state or
495	a foreign country for a transferring student with a disability
496	who is a dependent child of a member of the United States Armed
497	Forces. The rules must identify the appropriate school district
498	personnel who must complete the matrix of services. For purposes
499	of these rules, a transferring student with a disability is one
500	who was previously enrolled as a student with a disability in an
501	out-of-state or an out-of-country public or private school or
502	agency program and who is transferring from out of state or from
503	a foreign country pursuant to a parent's permanent change of
504	station orders. However, the inclusion of eligible private
505	schools within options available to Florida public school
506	students does not expand the regulatory authority of the state,
507	its officers, or any school district to impose any additional
508	regulation of private schools beyond those reasonably necessary
509	to enforce requirements expressly set forth in this section.
510	Section 2.  Section 220.187, Florida Statutes, is amended
511	to read:
512	220.187  Credits for contributions to nonprofit
513	scholarship-funding organizations.--
514	(1)  PURPOSE.--The purpose of this section is to:
515	(a)  Encourage private, voluntary contributions to
516	nonprofit scholarship-funding organizations.
517	(b)  Expand educational opportunities for children of
518	families that have limited financial resources.
519	(c)  Enable children in this state to achieve a greater
520	level of excellence in their education.
521	(2)  DEFINITIONS.--As used in this section, the term:
522	(a)  "Department" means the Department of Revenue.
523	(b)  "Eligible contribution" means a monetary contribution
524	from a taxpayer, subject to the restrictions provided in this
525	section, to an eligible nonprofit scholarship-funding
526	organization. The taxpayer making the contribution may not
527	designate a specific child as the beneficiary of the
528	contribution. The taxpayer may not contribute more than $5
529	million to any single eligible nonprofit scholarship-funding
530	organization.
531	(c)(d)  "Eligible nonprofit scholarship-funding
532	organization" means a charitable organization that:
533	1.  Is exempt from federal income tax pursuant to s.
534	501(c)(3) of the Internal Revenue Code.
535	2.  Is a Florida entity formed under chapter 607, chapter
536	608, or chapter 617 and whose principal office is located in the
537	state.
538	3.  and that Complies with the provisions of subsection
539	(6)(4).
540	(d)(c)  "Eligible private nonpublic school" means a private
541	nonpublic school, as defined in s. 1002.01(2), located in
542	Florida that offers an education to students in any grades K-12
543	and that meets the requirements in subsection (8)(6).
544	(e)  "Owner or operator" includes:
545	1.  An owner, president, officer, or director of an
546	eligible nonprofit scholarship-funding organization or a person
547	with equivalent decisionmaking authority over an eligible
548	nonprofit scholarship-funding organization.
549	2.  An owner, operator, superintendent, or principal of an
550	eligible private school or a person with equivalent
551	decisionmaking authority over an eligible private school.
552	(e)  "Qualified student" means a student who qualifies for
553	free or reduced-price school lunches under the National School
554	Lunch Act and who:
555	(3)  PROGRAM; SCHOLARSHIP ELIGIBILITY.--The Corporate
556	Income Tax Credit Scholarship Program is established. A student
557	is eligible for a corporate income tax credit scholarship if the
558	student qualifies for free or reduced-price school lunches under
559	the National School Lunch Act and:
560	(a)1.  Was counted as a full-time equivalent student during
561	the previous state fiscal year for purposes of state per-student
562	funding;
563	(b)2.  Received a scholarship from an eligible nonprofit
564	scholarship-funding organization during the previous school
565	year; or
566	(c)3.  Is eligible to enter kindergarten or first grade.
567
568	A student may continue in the scholarship program as long as the
569	family income level does not exceed 200 percent of the federal
570	poverty level.
571	(4)  SCHOLARSHIP PROHIBITIONS.--A student is not eligible
572	for a scholarship while he or she is:
573	(a)  Enrolled in a school operating for the purpose of
574	providing educational services to youth in Department of
575	Juvenile Justice commitment programs.
576	(b)  Receiving a scholarship from another eligible
577	nonprofit scholarship-funding organization under this section.
578	(c)  Receiving an educational scholarship pursuant to
579	chapter 1002.
580	(d)  Participating in a home education program as defined
581	in s. 1002.01(1).
582	(e)  Participating in a private tutoring program pursuant
583	to s. 1002.43.
584	(f)  Participating in a virtual school, correspondence
585	school, or distance learning program that receives state funding
586	pursuant to the student's participation.
587	(g)  Enrolled in the Florida School for the Deaf and the
588	Blind.
589	(5)(3)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX
590	CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--
591	(a)  There is allowed a credit of 100 percent of an
592	eligible contribution against any tax due for a taxable year
593	under this chapter. However, such a credit may not exceed 75
594	percent of the tax due under this chapter for the taxable year,
595	after the application of any other allowable credits by the
596	taxpayer. However, at least 5 percent of the total statewide
597	amount authorized for the tax credit shall be reserved for
598	taxpayers who meet the definition of a small business provided
599	in s. 288.703(1) at the time of application. The credit granted
600	by this section shall be reduced by the difference between the
601	amount of federal corporate income tax taking into account the
602	credit granted by this section and the amount of federal
603	corporate income tax without application of the credit granted
604	by this section.
605	(b)  The total amount of tax credits and carryforward of
606	tax credits which may be granted each state fiscal year under
607	this section is $88 million during the 2005-2006 fiscal year.
608	The total amount of tax credits and carryforward of tax credits
609	which may be granted under this section shall be adjusted each
610	year by the same percentage as the increase or decrease in total
611	funding, adjusted for Florida Retirement System changes if
612	applicable, under the Florida Education Finance Program as
613	provided in the General Appropriations Act workpapers. However,
614	the total amount of tax credits that may be granted pursuant to
615	this paragraph may not increase by more than 5 percent in any
616	year. The Commissioner of Education shall certify to the
617	department and notify eligible nonprofit scholarship-funding
618	organizations of the resulting value of tax credits that may be
619	granted within 30 days after the General Appropriations Act
620	becomes law. However, at least 1 percent of the total statewide
621	amount authorized for the tax credit shall be reserved for
622	taxpayers who meet the definition of a small business provided
623	in s. 288.703(1) at the time of application.
624	(c)  A taxpayer who files a Florida consolidated return as
625	a member of an affiliated group pursuant to s. 220.131(1) may be
626	allowed the credit on a consolidated return basis; however, the
627	total credit taken by the affiliated group is subject to the
628	limitation established under paragraph (a).
629	(d)  Effective for tax years beginning January 1, 2005, a
630	taxpayer may rescind all or part of its allocated tax credit
631	under this section. The amount rescinded shall become available
632	for purposes of the cap for that state fiscal year under this
633	section to an eligible taxpayer as approved by the department if
634	the taxpayer receives notice from the department that the
635	rescindment has been accepted by the department and the taxpayer
636	has not previously rescinded any or all of its tax credit
637	allocation under this section more than once in the previous 3
638	tax years. Any amount rescinded under this paragraph shall
639	become available to an eligible taxpayer on a first-come, first-
640	served basis based on tax credit applications received after the
641	date the rescindment is accepted by the department.
642	(6)(4)  OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-
643	FUNDING ORGANIZATIONS.--An eligible nonprofit scholarship-
644	scholarship-funding organization:
645	(a)  Must comply with the antidiscrimination provisions of
646	42 U.S.C. s. 2000d.
647	(b)  Must comply with the following background check
648	requirements:
649	1.  An owner or operator of an eligible nonprofit
650	scholarship-funding organization is subject to level 1
651	background screening as provided under chapter 435.
652	2.  A nonprofit scholarship-funding organization whose
653	owner or operator fails the level 1 background screening shall
654	not be eligible to provide scholarships under this section.
655	3.  A nonprofit scholarship-funding organization whose
656	owner or operator in the last 7 years has filed for personal
657	bankruptcy or corporate bankruptcy in a corporation of which he
658	or she owned more than 20 percent shall not be eligible to
659	provide scholarships under this section.
660	(c)  Must not have an owner or operator who owns or
661	operates an eligible private school that is participating in the
662	scholarship program.
663	(d)(a)  Must An eligible nonprofit scholarship-funding
664	organization shall provide scholarships, from eligible
665	contributions, to eligible qualified students for:
666	1.  Tuition or textbook expenses for, or transportation to,
667	an eligible private nonpublic school. At least 75 percent of the
668	scholarship funding must be used to pay tuition expenses; or
669	2.  Transportation expenses to a Florida public school that
670	is located outside the district in which the student resides or
671	to a lab school as defined in s. 1002.32.
672	(e)(b)  Must An eligible nonprofit scholarship-funding
673	organization shall give priority to eligible qualified students
674	who received a scholarship from an eligible nonprofit
675	scholarship-funding organization during the previous school
676	year.
677	(f)  Must provide a scholarship to an eligible student on a
678	first-come, first-served basis unless the student qualifies for
679	priority pursuant to paragraph (e).
680	(g)  May not restrict or reserve scholarships for use at a
681	particular private school or provide scholarships to a child of
682	an owner or operator.
683	(h)  Must allow an eligible student to attend any eligible
684	private school and must allow a parent to transfer a scholarship
685	during a school year to any other eligible private school of the
686	parent's choice.
687	(c)  The amount of a scholarship provided to any child for
688	any single school year by all eligible nonprofit scholarship-
689	funding organizations from eligible contributions shall not
690	exceed the following annual limits:
691	1.  Three thousand five hundred dollars for a scholarship
692	awarded to a student enrolled in an eligible nonpublic school.
693	2.  Five hundred dollars for a scholarship awarded to a
694	student enrolled in a Florida public school that is located
695	outside the district in which the student resides.
696	(d)  The amount of an eligible contribution which may be
697	accepted by an eligible nonprofit scholarship-funding
698	organization is limited to the amount needed to provide
699	scholarships for qualified students which the organization has
700	identified and for which vacancies in eligible nonpublic schools
701	have been identified.
702	(i)(e)  Must obligate, in the same state fiscal year in
703	which the contribution was received, An eligible nonprofit
704	scholarship-funding organization that receives an eligible
705	contribution must spend 100 percent of the eligible contribution
706	to provide scholarships in that the same or immediately
707	following state fiscal year in which the contribution was
708	received. No portion of eligible contributions may be used for
709	administrative expenses. All interest accrued from contributions
710	must be used for scholarships.
711	(j)  Must maintain separate accounts for scholarship funds
712	and operating funds.
713	(k)  May transfer funds to another eligible nonprofit
714	scholarship-funding organization when additional funds are
715	required to meet scholarship demand.
716	(l)  May obtain a secured line of credit to fund
717	scholarship payments based on estimated contributions to be
718	received within a 6-month period. These funds may only be used
719	to provide scholarship payments. Interest and fees related to
720	the line of credit shall be paid from the eligible nonprofit
721	scholarship-funding organization's operating budget and not from
722	contributions or loan proceeds.
723	(m)(f)  Must An eligible nonprofit scholarship-funding
724	organization that receives eligible contributions must provide
725	to the Auditor General and the Department of Education an annual
726	financial and compliance audit of its accounts and records
727	conducted by an independent certified public accountant and in
728	accordance with rules adopted by the Auditor General. The audit
729	must be conducted in compliance with generally accepted auditing
730	standards and must include a report on financial statements
731	presented in accordance with generally accepted accounting
732	principles set forth by the American Institute of Certified
733	Public Accountants for not-for-profit organizations and a
734	determination of compliance with the statutory eligibility and
735	expenditure requirements set forth in this section. Audits must
736	be provided to the Auditor General and the Department of
737	Education within 180 days after completion of the eligible
738	nonprofit scholarship-funding organization's fiscal year.
739	(n)  Must prepare and submit quarterly reports to the
740	Department of Education pursuant to paragraph (9)(m). In
741	addition, an eligible nonprofit scholarship-funding organization
742	must submit in a timely manner any information requested by the
743	Department of Education relating to the scholarship program.
744
745	Any and all information and documentation provided to the
746	Department of Education and the Auditor General relating to the
747	identity of a taxpayer that provides an eligible contribution
748	under this section shall remain confidential at all times in
749	accordance with s. 213.053.
750	(g)  Payment of the scholarship by the eligible nonprofit
751	scholarship-funding organization shall be by individual warrant
752	or check made payable to the student's parent. If the parent
753	chooses for his or her child to attend an eligible nonpublic
754	school, the warrant or check must be mailed by the eligible
755	nonprofit scholarship-funding organization to the nonpublic
756	school of the parent's choice, and the parent shall
757	restrictively endorse the warrant or check to the nonpublic
758	school. An eligible nonprofit scholarship-funding organization
759	shall ensure that, upon receipt of a scholarship warrant or
760	check, the parent to whom the warrant or check is made
761	restrictively endorses the warrant or check to the nonpublic
762	school of the parent's choice for deposit into the account of
763	the nonpublic school.
764	(7)(5)  PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
765	PARTICIPATION OBLIGATIONS.--As a condition for scholarship
766	payment pursuant to paragraph (4)(g), if the parent chooses for
767	his or her child to attend an eligible nonpublic school, the
768	parent must inform the child's school district within 15 days
769	after such decision.
770	(a)  The parent must select an eligible private school and
771	apply for the admission of his or her child.
772	(b)  The parent must inform the child's school district
773	when the parent withdraws his or her child to attend an eligible
774	private school.
775	(c)  Any student participating in the scholarship program
776	must remain in attendance throughout the school year, unless
777	excused by the school for illness or other good cause.
778	(d)  Each parent and each student has an obligation to the
779	private school to comply with the private school's published
780	policies.
781	(e)  The parent shall ensure that the student participating
782	in the scholarship program takes the norm-referenced assessment
783	offered by the private school. The parent may also choose to
784	have the student participate in the statewide assessments
785	pursuant to s. 1008.22. If the parent requests that the student
786	participating in the scholarship program take statewide
787	assessments pursuant to s. 1008.22, the parent is responsible
788	for transporting the student to the assessment site designated
789	by the school district.
790	(f)  Upon receipt of a scholarship warrant or check from
791	the eligible nonprofit scholarship-funding organization, the
792	parent to whom the warrant or check is made must restrictively
793	endorse the warrant or check to the private school for deposit
794	into the account of the private school. The parent may not
795	designate any entity or individual associated with the
796	participating private school as the parent's attorney in fact to
797	sign a scholarship warrant or check. A participant who fails to
798	comply with this paragraph forfeits the scholarship.
799	(8)(6)  PRIVATE ELIGIBLE NONPUBLIC SCHOOL ELIGIBILITY AND
800	OBLIGATIONS.--An eligible private nonpublic school may be
801	sectarian or nonsectarian and must:
802	(a)  Comply with all requirements for private schools
803	participating in state school choice scholarship programs
804	pursuant to s. 1002.421.
805	(b)  Provide to the eligible nonprofit scholarship-funding
806	organization, upon request, all documentation required for the
807	student's participation, including the private school's and
808	student's fee schedules.
809	(c)  Be academically accountable to the parent for meeting
810	the educational needs of the student by:
811	1.  At a minimum, annually providing to the parent a
812	written explanation of the student's progress.
813	2.  Annually administering or making provision for students
814	participating in the scholarship program to take one of the
815	nationally norm-referenced tests identified by the Department of
816	Education. Students with disabilities for whom standardized
817	testing is not appropriate are exempt from this requirement. A
818	participating private school must report a student's scores to
819	the parent and to the independent private research organization
820	selected by the Department of Education pursuant to paragraph
821	(9)(j).
822	3.  Cooperating with the scholarship student whose parent
823	chooses to participate in the statewide assessments pursuant to
824	s. 1008.32.
825
826	The inability of a private school to meet the requirements of
827	this subsection shall constitute a basis for the ineligibility
828	of the private school to participate in the scholarship program
829	as determined by the Department of Education.
830	(a)  Demonstrate fiscal soundness by being in operation for
831	one school year or provide the Department of Education with a
832	statement by a certified public accountant confirming that the
833	nonpublic school desiring to participate is insured and the
834	owner or owners have sufficient capital or credit to operate the
835	school for the upcoming year serving the number of students
836	anticipated with expected revenues from tuition and other
837	sources that may be reasonably expected. In lieu of such a
838	statement, a surety bond or letter of credit for the amount
839	equal to the scholarship funds for any quarter may be filed with
840	the department.
841	(b)  Comply with the antidiscrimination provisions of 42
842	U.S.C. s. 2000d.
843	(c)  Meet state and local health and safety laws and codes.
844	(d)  Comply with all state laws relating to general
845	regulation of nonpublic schools.
846	(9)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The Department
847	of Education shall:
848	(a)  Annually submit to the department, by March 15, a list
849	of eligible nonprofit scholarship-funding organizations that
850	meet the requirements of paragraph (2)(c).
851	(b)  Annually verify the eligibility of nonprofit
852	scholarship-funding organizations that meet the requirements of
853	paragraph (2)(c).
854	(c)  Annually verify the eligibility of private schools
855	that meet the requirements of subsection (8).
856	(d)  Annually verify the eligibility of expenditures as
857	provided in paragraph (6)(d) using the audit required by
858	paragraph (6)(m).
859	(e)  Establish a toll-free hotline that provides parents
860	and private schools with information on participation in the
861	scholarship program.
862	(f)  Establish a process by which individuals may notify
863	the Department of Education of any violation by a parent,
864	private school, or school district of state laws relating to
865	program participation. The Department of Education shall conduct
866	an investigation of any written complaint of a violation of this
867	section, or make a referral to the appropriate agency for an
868	investigation, if the complaint is signed by the complainant and
869	is legally sufficient. A complaint is legally sufficient if it
870	contains ultimate facts that show that a violation of this
871	section or any rule adopted by the State Board of Education has
872	occurred. In order to determine legal sufficiency, the
873	Department of Education may require supporting information or
874	documentation from the complainant.
875	(g)  Require an annual, notarized, sworn compliance
876	statement by participating private schools certifying compliance
877	with state laws and shall retain such records.
878	(h)  Cross-check the list of participating scholarship
879	students with the public school enrollment lists to avoid
880	duplication.
881	(i)  Identify all nationally norm-referenced tests that are
882	comparable to the norm-referenced test portions of the Florida
883	Comprehensive Assessment Test (FCAT).
884	(j)  Select an independent private research organization to
885	which participating private schools must report the scores of
886	participating students on the nationally norm-referenced tests
887	administered by the private school. The independent private
888	research organization must annually report to the Department of
889	Education on the year-to-year improvements of participating
890	students. The independent private research organization must
891	analyze and report student performance data in a manner that
892	protects the rights of students and parents as mandated in 20
893	U.S.C. s. 1232g, the Family Educational Rights and Privacy Act,
894	and must not disaggregate data to a level that will disclose the
895	academic level of individual students or of individual schools.
896	To the extent possible, the independent private research
897	organization must accumulate historical performance data on
898	students from the Department of Education and private schools to
899	describe baseline performance and to conduct longitudinal
900	studies. To minimize costs and reduce time required for third-
901	party analysis and evaluation, the Department of Education shall
902	conduct analyses of matched students from public school
903	assessment data and calculate control group learning gains using
904	an agreed-upon methodology outlined in the contract with the
905	third-party evaluator. The sharing of student data must be in
906	accordance with requirements of 20 U.S.C. 1232g, the Family
907	Educational Rights and Privacy Act, and shall be for the sole
908	purpose of conducting the evaluation. All parties must preserve
909	the confidentiality of such information as required by law.
910	(k)  Notify an eligible nonprofit scholarship-funding
911	organization of any of the organization's identified students
912	who are receiving an educational scholarship pursuant to chapter
913	1002.
914	(l)  Notify an eligible nonprofit scholarship-funding
915	organization of any of the organization's identified students
916	who are receiving a corporate income tax credit scholarship from
917	another eligible nonprofit scholarship-funding organization.
918	(m)  Require quarterly reports by an eligible nonprofit
919	scholarship-funding organization regarding the number of
920	students participating in the scholarship program, the private
921	schools at which the students are enrolled, and other
922	information deemed necessary by the Department of Education.
923	(10)  COMMISSIONER OF EDUCATION AUTHORITY AND
924	OBLIGATIONS.--
925	(a)  The Commissioner of Education shall deny, suspend, or
926	revoke a private school's participation in the scholarship
927	program if it is determined that the private school has failed
928	to comply with the provisions of this section. However, in
929	instances in which the noncompliance is correctable within a
930	reasonable amount of time and in which the health, safety, and
931	welfare of the students are not threatened, the commissioner may
932	issue a notice of noncompliance which shall provide the private
933	school with a timeframe within which to provide evidence of
934	compliance prior to taking action to suspend or revoke the
935	private school's participation in the scholarship program.
936	(b)  The commissioner's determination is subject to the
937	following:
938	1.  If the commissioner intends to deny, suspend, or revoke
939	a private school's participation in the scholarship program, the
940	Department of Education shall notify the private school of such
941	proposed action in writing by certified mail and regular mail to
942	the private school's address of record with the Department of
943	Education. The notification shall include the reasons for the
944	proposed action and notice of the timelines and procedures set
945	forth in this paragraph.
946	2.  The private school that is adversely affected by the
947	proposed action shall have 15 days from receipt of the notice of
948	proposed action to file with the Department of Education's
949	agency clerk a request for a proceeding pursuant to ss. 120.569
950	and 120.57. If the private school is entitled to a hearing under
951	s. 120.57(1), the Department of Education shall forward the
952	request to the Division of Administrative Hearings.
953	3.  Upon receipt of a request referred pursuant to this
954	paragraph, the director of the Division of Administrative
955	Hearings shall expedite the hearing and assign an administrative
956	law judge who shall commence a hearing within 30 days after the
957	receipt of the formal written request by the division and enter
958	a recommended order within 30 days after the hearing or within
959	30 days after receipt of the hearing transcript, whichever is
960	later. Each party shall be allowed 10 days in which to submit
961	written exceptions to the recommended order. A final order shall
962	be entered by the agency within 30 days after the entry of a
963	recommended order. The provisions of this subparagraph may be
964	waived upon stipulation by all parties.
965	(c)  The commissioner may immediately suspend payment of
966	scholarship funds if it is determined that there is probable
967	cause to believe that there is:
968	1.  An imminent threat to the health, safety, and welfare
969	of the students; or
970	2.  Fraudulent activity on the part of the private school.
971
972	The commissioner's order suspending payment pursuant to this
973	paragraph may be appealed pursuant to the same procedures and
974	timelines as the notice of proposed action set forth in
975	paragraph (b).
976	(11)  SCHOLARSHIP AMOUNT AND PAYMENT.--
977	(a)  The amount of a scholarship provided to any student
978	for any single school year by an eligible nonprofit scholarship-
979	funding organization from eligible contributions shall not
980	exceed the following annual limits:
981	1.  Three thousand five hundred dollars for a scholarship
982	awarded to a student enrolled in an eligible private school.
983	2.  Five hundred dollars for a scholarship awarded to a
984	student enrolled in a Florida public school that is located
985	outside the district in which the student resides or in a lab
986	school as defined in s. 1002.32.
987
988	The scholarship amount in subparagraph 1. is for the 2005-2006
989	fiscal year and shall be adjusted each year by the same
990	percentage as the increase or decrease in total funds per
991	unweighted FTE, adjusted for Florida Retirement System changes
992	if applicable, under the Florida Education Finance Program as
993	provided in the General Appropriations Act workpapers. However,
994	the scholarship amount may not increase by more than 3 percent
995	in any year. The Commissioner of Education shall certify to the
996	department and notify eligible nonprofit scholarship-funding
997	organizations of the resulting value of the scholarship within
998	30 days after the General Appropriations Act becomes law.
999	(b)  Payment of the scholarship by the eligible nonprofit
1000	scholarship-funding organization shall be by individual warrant
1001	or check made payable to the student's parent. If the parent
1002	chooses for his or her child to attend an eligible private
1003	school, the warrant or check must be delivered by the eligible
1004	nonprofit scholarship-funding organization to the private school
1005	of the parent's choice, and the parent shall restrictively
1006	endorse the warrant or check to the private school. An eligible
1007	nonprofit scholarship-funding organization shall ensure that the
1008	parent to whom the warrant or check is made restrictively
1009	endorsed the warrant or check to the private school for deposit
1010	into the account of the private school.
1011	(c)  An eligible nonprofit scholarship-funding organization
1012	shall obtain verification from the private school of a student's
1013	continued attendance at the school prior to each scholarship
1014	payment.
1015	(d)  Payment of the scholarship shall be made by the
1016	eligible nonprofit scholarship-funding organization no less
1017	frequently than on a quarterly basis.
1018	(12)(7)  ADMINISTRATION; RULES.--
1019	(a)  If the credit granted pursuant to this section is not
1020	fully used in any one year because of insufficient tax liability
1021	on the part of the corporation, the unused amount may be carried
1022	forward for a period not to exceed 3 years; however, any
1023	taxpayer that seeks to carry forward an unused amount of tax
1024	credit must submit an application for allocation of tax credits
1025	or carryforward credits as required in paragraph (d) in the year
1026	that the taxpayer intends to use the carryforward. The total
1027	amount of tax credits and carryforward of tax credits granted
1028	each state fiscal year under this section is $88 million. This
1029	carryforward applies to all approved contributions made after
1030	January 1, 2002. A taxpayer may not convey, assign, or transfer
1031	the credit authorized by this section to another entity unless
1032	all of the assets of the taxpayer are conveyed, assigned, or
1033	transferred in the same transaction.
1034	(b)  An application for a tax credit pursuant to this
1035	section shall be submitted to the department on forms
1036	established by rule of the department.
1037	(c)  The department and the Department of Education shall
1038	develop a cooperative agreement to assist in the administration
1039	of this section. The Department of Education shall be
1040	responsible for annually submitting, by March 15, to the
1041	department a list of eligible nonprofit scholarship-funding
1042	organizations that meet the requirements of paragraph (2)(d) and
1043	for monitoring eligibility of nonprofit scholarship-funding
1044	organizations that meet the requirements of paragraph (2)(d),
1045	eligibility of nonpublic schools that meet the requirements of
1046	paragraph (2)(c), and eligibility of expenditures under this
1047	section as provided in subsection (4).
1048	(d)  The department shall adopt rules necessary to
1049	administer this section, including rules establishing
1050	application forms and procedures and governing the allocation of
1051	tax credits and carryforward credits under this section on a
1052	first-come, first-served basis.
1053	(e)  The State Board Department of Education shall adopt
1054	rules pursuant to ss. 120.536(1) and 120.54 necessary to
1055	administer this section determine eligibility of nonprofit
1056	scholarship-funding organizations as defined in paragraph (2)(d)
1057	and according to the provisions of subsection (4) and identify
1058	qualified students as defined in paragraph (2)(e).
1059	(13)(8)  DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All eligible
1060	contributions received by an eligible nonprofit
1061	scholarship-funding organization shall be deposited in a manner
1062	consistent with s. 17.57(2).
1063	Section 3.  Section 1002.421, Florida Statutes, is created
1064	to read:
1065	1002.421  Rights and obligations of private schools
1066	participating in state school choice scholarship
1067	programs.--Requirements of this section are in addition to
1068	private school requirements outlined in s. 1002.42, specific
1069	requirements identified within respective scholarship program
1070	laws, and other provisions of Florida law that apply to private
1071	schools.
1072	(1)  A Florida private school participating in the
1073	Corporate Income Tax Credit Scholarship Program established
1074	pursuant to s. 220.187 or an educational scholarship program
1075	established pursuant to this chapter must comply with all
1076	requirements of this section.
1077	(2)  A private school participating in a scholarship
1078	program must be a Florida private school as defined in s.
1079	1002.01(2) and must:
1080	(a)  Be a registered Florida private school in accordance
1081	with s. 1002.42.
1082	(b)  Comply with antidiscrimination provisions of 42 U.S.C.
1083	s. 2000d.
1084	(c)  Notify the department of its intent to participate in
1085	a scholarship program.
1086	(d)  Notify the department of any change in the school's
1087	name, school director, mailing address, or physical location
1088	within 15 days after the change.
1089	(e)  Complete student enrollment and attendance
1090	verification requirements, including use of an on-line
1091	attendance verification form, prior to scholarship payment.
1092	(f)  Annually complete and submit to the department a
1093	notarized scholarship compliance statement certifying compliance
1094	with state laws relating to private school participation in the
1095	scholarship program.
1096	(g)  Demonstrate fiscal soundness and accountability by:
1097	1.  Being in operation for at least 3 school years or
1098	obtaining a surety bond or letter of credit for the amount equal
1099	to the scholarship funds for any quarter and filing the surety
1100	bond or letter of credit with the department.
1101	2.  Requiring the parent of each scholarship student to
1102	personally restrictively endorse the scholarship warrant to the
1103	school. The school may not act as attorney in fact for the
1104	parent of a scholarship student under the authority of a power
1105	of attorney executed by such parent, or under any other
1106	authority, to endorse scholarship warrants on behalf of such
1107	parent.
1108	(h)  Meet applicable state and local health, safety, and
1109	welfare laws, codes, and rules, including:
1110	1.  Fire safety.
1111	2.  Building safety.
1112	(i)  Employ or contract with teachers who hold
1113	baccalaureate or higher degrees, have at least 3 years of
1114	teaching experience in public or private schools, or have
1115	special skills, knowledge, or expertise that qualifies them to
1116	provide instruction in subjects taught.
1117	(j)  Require each individual with direct student contact
1118	with a scholarship student to be of good moral character, to be
1119	subject to the level 1 background screening as provided under
1120	chapter 435, to be denied employment or terminated if required
1121	under s. 435.06, and not to be ineligible to teach in a public
1122	school because his or her educator certificate is suspended or
1123	revoked. For purposes of this paragraph:
1124	1.  An "individual with direct student contact" means any
1125	individual who has unsupervised access to a scholarship student
1126	for whom the private school is responsible.
1127	2.  The costs of fingerprinting and the background check
1128	shall not be borne by the state.
1129	3.  Continued employment of an individual after
1130	notification that the individual has failed the level 1
1131	background screening shall cause a private school to be
1132	ineligible for participation in a scholarship program.
1133	4.  An individual holding a valid Florida teaching
1134	certificate who has been fingerprinted pursuant to s. 1012.32
1135	shall not be required to comply with the provisions of this
1136	paragraph.
1137	(3)  The inability of a private school to meet the
1138	requirements of this section shall constitute a basis for the
1139	ineligibility of the private school to participate in a
1140	scholarship program as determined by the department.
1141	(4)  The inclusion of eligible private schools within
1142	options available to Florida public school students does not
1143	expand the regulatory authority of the state, its officers, or
1144	any school district to impose any additional regulation of
1145	private schools beyond those reasonably necessary to enforce
1146	requirements expressly set forth in this section.
1147	(5)  The State Board of Education shall adopt rules
1148	pursuant to ss. 120.536(1) and 120.54 to administer this
1149	section.
1150	Section 4.  This act shall take effect upon becoming a law.
1151
1152	================= T I T L E  A M E N D M E N T =================
1153	On page 1, line(s) 1 through page 11, line 28, remove:
1154	the entire title
1155	and insert:
1156	A bill to be entitled
1157	An act relating to scholarship program accountability;
1158	amending s. 1002.39, F.S., relating to the John M. McKay
1159	Scholarships for Students with Disabilities Program;
1160	revising definition of the term "students with
1161	disabilities"; revising student eligibility requirements
1162	for receipt of a scholarship and restricting eligibility
1163	therefor; providing for term of a scholarship; revising
1164	and adding school district obligations and clarifying
1165	parental options; revising and adding Department of
1166	Education obligations, including verification of
1167	eligibility of private schools and establishment of a
1168	process for notification of violations, subsequent
1169	investigation, and certification of compliance by private
1170	schools; providing Commissioner of Education authority and
1171	obligations, including the denial, suspension, or
1172	revocation of a private school's participation in the
1173	scholarship program and procedures and timelines therefor;
1174	revising private school eligibility and obligations,
1175	including compliance with specified laws and academic
1176	accountability to the parent; revising parent and student
1177	responsibilities for scholarship program participation;
1178	prohibiting a private school from acting as attorney in
1179	fact to sign a scholarship warrant; revising provisions
1180	relating to scholarship funding and payment; providing
1181	funding and payment requirements for former Florida School
1182	for the Deaf and the Blind students and for students
1183	exiting a Department of Juvenile Justice program;
1184	providing Department of Financial Services obligations;
1185	providing scope of authority; requiring adoption of rules;
1186	amending s. 220.187, F.S., relating to credits for
1187	contributions to nonprofit scholarship-funding
1188	organizations; revising and providing definitions; naming
1189	the scholarship program; providing student eligibility
1190	requirements for receipt of a corporate income tax credit
1191	scholarship and restricting eligibility therefor; revising
1192	provisions relating to the total amount of tax credits and
1193	carryforward of tax credits and providing certain
1194	limitation; providing for rescindment of tax credit
1195	allocation; revising and adding obligations of eligible
1196	nonprofit scholarship-funding organizations, including
1197	compliance with requirements for background checks,
1198	scholarship-funding organization ownership or operation,
1199	audits, and reports; requiring certain information to
1200	remain confidential in accordance with s. 213.053, F.S.;
1201	revising and adding parent and student responsibilities
1202	for scholarship program participation, including
1203	compliance with private school's published policies,
1204	participation in student academic assessment, and
1205	restrictive endorsement of scholarship warrants or checks;
1206	prohibiting power of attorney for endorsing a scholarship
1207	warrant or check; revising and adding private school
1208	eligibility requirements and obligations, including
1209	compliance with specified laws and academic accountability
1210	to the parent; revising and adding Department of Education
1211	obligations, including verification of eligibility of
1212	program participants, establishment of a process for
1213	notification of violations, subsequent investigation, and
1214	certification of compliance by private schools, and
1215	selection of a research organization to analyze student
1216	performance data; providing Commissioner of Education
1217	authority and obligations, including the denial,
1218	suspension, or revocation of a private school's
1219	participation in the scholarship program and procedures
1220	and timelines therefor; revising and adding provisions
1221	relating to scholarship funding and payment, including the
1222	amount of a scholarship and the payment process; requiring
1223	adoption of rules; creating s. 1002.421, F.S., relating to
1224	rights and obligations of private schools participating in
1225	state school choice scholarship programs; providing
1226	requirements for participation in a scholarship program,
1227	including compliance with specified state, local, and
1228	federal laws and demonstration of fiscal soundness;
1229	requiring restrictive endorsement of checks and
1230	prohibiting a school from acting as attorney in fact;
1231	requiring employment of qualified teachers and background
1232	screening of individuals with direct student contact;
1233	providing scope of authority; requiring adoption of rules;
1234	providing an effective date.

CODING: Words stricken are deletions; words underlined are additions.