Amendment
Bill No. 0002

Amendment No. 628337

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. However, at least 1 percent of the
608	total statewide amount authorized for the tax credit shall be
609	reserved for taxpayers who meet the definition of a small
610	business provided in s. 288.703(1) at the time of application.
611	(c)  A taxpayer who files a Florida consolidated return as
612	a member of an affiliated group pursuant to s. 220.131(1) may be
613	allowed the credit on a consolidated return basis; however, the
614	total credit taken by the affiliated group is subject to the
615	limitation established under paragraph (a).
616	(d)  Effective for tax years beginning January 1, 2005, a
617	taxpayer may rescind all or part of its allocated tax credit
618	under this section. The amount rescinded shall become available
619	for purposes of the cap for that state fiscal year under this
620	section to an eligible taxpayer as approved by the department if
621	the taxpayer receives notice from the department that the
622	rescindment has been accepted by the department and the taxpayer
623	has not previously rescinded any or all of its tax credit
624	allocation under this section more than once in the previous 3
625	tax years. Any amount rescinded under this paragraph shall
626	become available to an eligible taxpayer on a first-come, first-
627	served basis based on tax credit applications received after the
628	date the rescindment is accepted by the department.
629	(6)(4)  OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-
630	FUNDING ORGANIZATIONS.--An eligible nonprofit scholarship-
631	scholarship-funding organization:
632	(a)  Must comply with the antidiscrimination provisions of
633	42 U.S.C. s. 2000d.
634	(b)  Must comply with the following background check
635	requirements:
636	1.  An owner, operator, or employee of an eligible
637	nonprofit scholarship-funding organization is subject to level 2
638	background screening as provided under chapter 435.
639	2.  A nonprofit scholarship-funding organization whose
640	owner or operator fails the level 2 background screening shall
641	not be eligible to provide scholarships under this section.
642	3.  A nonprofit scholarship-funding organization's
643	continued employment of an employee after notification that the
644	employee has failed the level 2 background screening shall cause
645	the nonprofit scholarship-funding organization to be ineligible
646	for participation in the scholarship program.
647	4.  A nonprofit scholarship-funding organization whose
648	owner or operator in the last 7 years has filed for personal
649	bankruptcy or corporate bankruptcy in a corporation of which he
650	or she owned more than 20 percent shall not be eligible to
651	provide scholarships under this section.
652	(c)  Must not have an owner or operator who owns or
653	operates an eligible private school that is participating in the
654	scholarship program.
655	(d)(a)  Must An eligible nonprofit scholarship-funding
656	organization shall provide scholarships, from eligible
657	contributions, to eligible qualified students for:
658	1.  Tuition or textbook expenses for, or transportation to,
659	an eligible private nonpublic school. At least 75 percent of the
660	scholarship funding must be used to pay tuition expenses; or
661	2.  Transportation expenses to a Florida public school that
662	is located outside the district in which the student resides or
663	to a lab school as defined in s. 1002.32.
664	(e)(b)  Must An eligible nonprofit scholarship-funding
665	organization shall give priority to eligible qualified students
666	who received a scholarship from an eligible nonprofit
667	scholarship-funding organization during the previous school
668	year.
669	(f)  Must provide a scholarship to an eligible student on a
670	first-come, first-served basis unless the student qualifies for
671	priority pursuant to paragraph (e).
672	(g)  May not restrict or reserve scholarships for use at a
673	particular private school or provide scholarships to a child of
674	an owner or operator.
675	(h)  Must allow an eligible student to attend any eligible
676	private school and must allow a parent to transfer a scholarship
677	during a school year to any other eligible private school of the
678	parent's choice.
679	(c)  The amount of a scholarship provided to any child for
680	any single school year by all eligible nonprofit scholarship-
681	funding organizations from eligible contributions shall not
682	exceed the following annual limits:
683	1.  Three thousand five hundred dollars for a scholarship
684	awarded to a student enrolled in an eligible nonpublic school.
685	2.  Five hundred dollars for a scholarship awarded to a
686	student enrolled in a Florida public school that is located
687	outside the district in which the student resides.
688	(d)  The amount of an eligible contribution which may be
689	accepted by an eligible nonprofit scholarship-funding
690	organization is limited to the amount needed to provide
691	scholarships for qualified students which the organization has
692	identified and for which vacancies in eligible nonpublic schools
693	have been identified.
694	(i)(e)  Must obligate, in the same fiscal year in which the
695	contribution was received, An eligible nonprofit scholarship-
696	funding organization that receives an eligible contribution must
697	spend 100 percent of the eligible contribution to provide
698	scholarships, provided that up to 25 percent of the total
699	contribution may be carried forward for scholarships to be
700	granted in the following same state fiscal year in which the
701	contribution was received. No portion of eligible contributions
702	may be used for administrative expenses. All interest accrued
703	from contributions must be used for scholarships.
704	(j)  Must maintain separate accounts for scholarship funds
705	and operating funds.
706	(k)  With the prior approval of the Department of
707	Education, may transfer funds to another eligible nonprofit
708	scholarship-funding organization if additional funds are
709	required to meet scholarship demand at the receiving nonprofit
710	scholarship-funding organization. A transfer shall be limited to
711	the greater of $500,000 or 20 percent of the total contributions
712	received by the nonprofit scholarship-funding organization
713	making the transfer. All transferred funds must be deposited by
714	the receiving nonprofit scholarship-funding organization into
715	its scholarship accounts. All transferred amounts received by
716	any nonprofit scholarship-funding organization must be
717	separately disclosed in the annual financial and compliance
718	audit required in this section.
719	(l)(f)  Must An eligible nonprofit scholarship-funding
720	organization that receives eligible contributions must provide
721	to the Auditor General and the Department of Education an annual
722	financial and compliance audit of its accounts and records
723	conducted by an independent certified public accountant and in
724	accordance with rules adopted by the Auditor General. The audit
725	must be conducted in compliance with generally accepted auditing
726	standards and must include a report on financial statements
727	presented in accordance with generally accepted accounting
728	principles set forth by the American Institute of Certified
729	Public Accountants for not-for-profit organizations and a
730	determination of compliance with the statutory eligibility and
731	expenditure requirements set forth in this section. Audits must
732	be provided to the Auditor General and the Department of
733	Education within 180 days after completion of the eligible
734	nonprofit scholarship-funding organization's fiscal year.
735	(m)  Must prepare and submit quarterly reports to the
736	Department of Education pursuant to paragraph (9)(m). In
737	addition, an eligible nonprofit scholarship-funding organization
738	must submit in a timely manner any information requested by the
739	Department of Education relating to the scholarship program.
740
741	Any and all information and documentation provided to the
742	Department of Education and the Auditor General relating to the
743	identity of a taxpayer that provides an eligible contribution
744	under this section shall remain confidential at all times in
745	accordance with s. 213.053.
746	(g)  Payment of the scholarship by the eligible nonprofit
747	scholarship-funding organization shall be by individual warrant
748	or check made payable to the student's parent. If the parent
749	chooses for his or her child to attend an eligible nonpublic
750	school, the warrant or check must be mailed by the eligible
751	nonprofit scholarship-funding organization to the nonpublic
752	school of the parent's choice, and the parent shall
753	restrictively endorse the warrant or check to the nonpublic
754	school. An eligible nonprofit scholarship-funding organization
755	shall ensure that, upon receipt of a scholarship warrant or
756	check, the parent to whom the warrant or check is made
757	restrictively endorses the warrant or check to the nonpublic
758	school of the parent's choice for deposit into the account of
759	the nonpublic school.
760	(7)(5)  PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
761	PARTICIPATION OBLIGATIONS.--As a condition for scholarship
762	payment pursuant to paragraph (4)(g), if the parent chooses for
763	his or her child to attend an eligible nonpublic school, the
764	parent must inform the child's school district within 15 days
765	after such decision.
766	(a)  The parent must select an eligible private school and
767	apply for the admission of his or her child.
768	(b)  The parent must inform the child's school district
769	when the parent withdraws his or her child to attend an eligible
770	private school.
771	(c)  Any student participating in the scholarship program
772	must remain in attendance throughout the school year, unless
773	excused by the school for illness or other good cause.
774	(d)  Each parent and each student has an obligation to the
775	private school to comply with the private school's published
776	policies.
777	(e)  The parent shall ensure that the student participating
778	in the scholarship program takes the norm-referenced assessment
779	offered by the private school. The parent may also choose to
780	have the student participate in the statewide assessments
781	pursuant to s. 1008.22. If the parent requests that the student
782	participating in the scholarship program take statewide
783	assessments pursuant to s. 1008.22, the parent is responsible
784	for transporting the student to the assessment site designated
785	by the school district.
786	(f)  Upon receipt of a scholarship warrant or check from
787	the eligible nonprofit scholarship-funding organization, the
788	parent to whom the warrant or check is made must restrictively
789	endorse the warrant or check to the private school for deposit
790	into the account of the private school. The parent may not
791	designate any entity or individual associated with the
792	participating private school as the parent's attorney in fact to
793	sign a scholarship warrant or check. A participant who fails to
794	comply with this paragraph forfeits the scholarship.
795	(8)(6)  PRIVATE ELIGIBLE NONPUBLIC SCHOOL ELIGIBILITY AND
796	OBLIGATIONS.--An eligible private nonpublic school may be
797	sectarian or nonsectarian and must:
798	(a)  Comply with all requirements for private schools
799	participating in state school choice scholarship programs
800	pursuant to s. 1002.421.
801	(b)  Provide to the eligible nonprofit scholarship-funding
802	organization, upon request, all documentation required for the
803	student's participation, including the private school's and
804	student's fee schedules.
805	(c)  Be academically accountable to the parent for meeting
806	the educational needs of the student by:
807	1.  At a minimum, annually providing to the parent a
808	written explanation of the student's progress.
809	2.  Annually administering or making provision for students
810	participating in the scholarship program to take one of the
811	nationally norm-referenced tests identified by the Department of
812	Education. Students with disabilities for whom standardized
813	testing is not appropriate are exempt from this requirement. A
814	participating private school must report a student's scores to
815	the parent and to the independent research organization as
816	described in paragraph (9)(j) selected by the Department of
817	Education.
818	3.  Cooperating with the scholarship student whose parent
819	chooses to participate in the statewide assessments pursuant to
820	s. 1008.32.
821
822	The inability of a private school to meet the requirements of
823	this subsection shall constitute a basis for the ineligibility
824	of the private school to participate in the scholarship program
825	as determined by the Department of Education.
826	(a)  Demonstrate fiscal soundness by being in operation for
827	one school year or provide the Department of Education with a
828	statement by a certified public accountant confirming that the
829	nonpublic school desiring to participate is insured and the
830	owner or owners have sufficient capital or credit to operate the
831	school for the upcoming year serving the number of students
832	anticipated with expected revenues from tuition and other
833	sources that may be reasonably expected. In lieu of such a
834	statement, a surety bond or letter of credit for the amount
835	equal to the scholarship funds for any quarter may be filed with
836	the department.
837	(b)  Comply with the antidiscrimination provisions of 42
838	U.S.C. s. 2000d.
839	(c)  Meet state and local health and safety laws and codes.
840	(d)  Comply with all state laws relating to general
841	regulation of nonpublic schools.
842	(9)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The Department
843	of Education shall:
844	(a)  Annually submit to the department, by March 15, a list
845	of eligible nonprofit scholarship-funding organizations that
846	meet the requirements of paragraph (2)(c).
847	(b)  Annually verify the eligibility of nonprofit
848	scholarship-funding organizations that meet the requirements of
849	paragraph (2)(c).
850	(c)  Annually verify the eligibility of private schools
851	that meet the requirements of subsection (8).
852	(d)  Annually verify the eligibility of expenditures as
853	provided in paragraph (6)(d) using the audit required by
854	paragraph (6)(l).
855	(e)  Establish a toll-free hotline that provides parents
856	and private schools with information on participation in the
857	scholarship program.
858	(f)  Establish a process by which individuals may notify
859	the Department of Education of any violation by a parent,
860	private school, or school district of state laws relating to
861	program participation. The Department of Education shall conduct
862	an investigation of any written complaint of a violation of this
863	section, or make a referral to the appropriate agency for an
864	investigation, if the complaint is signed by the complainant and
865	is legally sufficient. A complaint is legally sufficient if it
866	contains ultimate facts that show that a violation of this
867	section or any rule adopted by the State Board of Education has
868	occurred. In order to determine legal sufficiency, the
869	Department of Education may require supporting information or
870	documentation from the complainant.
871	(g)  Require an annual, notarized, sworn compliance
872	statement by participating private schools certifying compliance
873	with state laws and shall retain such records.
874	(h)  Cross-check the list of participating scholarship
875	students with the public school enrollment lists to avoid
876	duplication.
877	(i)  Identify all nationally norm-referenced tests that are
878	comparable to the norm-referenced test portions of the Florida
879	Comprehensive Assessment Test (FCAT).
880	(j)  Select an independent research organization, which may
881	be a public or private entity or university, to which
882	participating private schools must report the scores of
883	participating students on the nationally norm-referenced tests
884	administered by the private school. The independent research
885	organization must annually report to the Department of Education
886	on the year-to-year improvements of participating students. The
887	independent research organization must analyze and report
888	student performance data in a manner that protects the rights of
889	students and parents as mandated in 20 U.S.C. s. 1232g, the
890	Family Educational Rights and Privacy Act, and must not
891	disaggregate data to a level that will disclose the academic
892	level of individual students or of individual schools. To the
893	extent possible, the independent research organization must
894	accumulate historical performance data on students from the
895	Department of Education and private schools to describe baseline
896	performance and to conduct longitudinal studies. To minimize
897	costs and reduce time required for third-party analysis and
898	evaluation, the Department of Education shall conduct analyses
899	of matched students from public school assessment data and
900	calculate control group learning gains using an agreed-upon
901	methodology outlined in the contract with the third-party
902	evaluator. The sharing of student data must be in accordance
903	with requirements of 20 U.S.C. 1232g, the Family Educational
904	Rights and Privacy Act, and shall be for the sole purpose of
905	conducting the evaluation. All parties must preserve the
906	confidentiality of such information as required by law.
907	(k)  Notify an eligible nonprofit scholarship-funding
908	organization of any of the organization's identified students
909	who are receiving an educational scholarship pursuant to chapter
910	1002.
911	(l)  Notify an eligible nonprofit scholarship-funding
912	organization of any of the organization's identified students
913	who are receiving a corporate income tax credit scholarship from
914	another eligible nonprofit scholarship-funding organization.
915	(m)  Require quarterly reports by an eligible nonprofit
916	scholarship-funding organization regarding the number of
917	students participating in the scholarship program, the private
918	schools at which the students are enrolled, and other
919	information deemed necessary by the Department of Education.
920	(10)  COMMISSIONER OF EDUCATION AUTHORITY AND
921	OBLIGATIONS.--
922	(a)  The Commissioner of Education shall deny, suspend, or
923	revoke a private school's participation in the scholarship
924	program if it is determined that the private school has failed
925	to comply with the provisions of this section. However, in
926	instances in which the noncompliance is correctable within a
927	reasonable amount of time and in which the health, safety, and
928	welfare of the students are not threatened, the commissioner may
929	issue a notice of noncompliance which shall provide the private
930	school with a timeframe within which to provide evidence of
931	compliance prior to taking action to suspend or revoke the
932	private school's participation in the scholarship program.
933	(b)  The commissioner's determination is subject to the
934	following:
935	1.  If the commissioner intends to deny, suspend, or revoke
936	a private school's participation in the scholarship program, the
937	Department of Education shall notify the private school of such
938	proposed action in writing by certified mail and regular mail to
939	the private school's address of record with the Department of
940	Education. The notification shall include the reasons for the
941	proposed action and notice of the timelines and procedures set
942	forth in this paragraph.
943	2.  The private school that is adversely affected by the
944	proposed action shall have 15 days from receipt of the notice of
945	proposed action to file with the Department of Education's
946	agency clerk a request for a proceeding pursuant to ss. 120.569
947	and 120.57. If the private school is entitled to a hearing under
948	s. 120.57(1), the Department of Education shall forward the
949	request to the Division of Administrative Hearings.
950	3.  Upon receipt of a request referred pursuant to this
951	paragraph, the director of the Division of Administrative
952	Hearings shall expedite the hearing and assign an administrative
953	law judge who shall commence a hearing within 30 days after the
954	receipt of the formal written request by the division and enter
955	a recommended order within 30 days after the hearing or within
956	30 days after receipt of the hearing transcript, whichever is
957	later. Each party shall be allowed 10 days in which to submit
958	written exceptions to the recommended order. A final order shall
959	be entered by the agency within 30 days after the entry of a
960	recommended order. The provisions of this subparagraph may be
961	waived upon stipulation by all parties.
962	(c)  The commissioner may immediately suspend payment of
963	scholarship funds if it is determined that there is probable
964	cause to believe that there is:
965	1.  An imminent threat to the health, safety, and welfare
966	of the students; or
967	2.  Fraudulent activity on the part of the private school.
968
969	The commissioner's order suspending payment pursuant to this
970	paragraph may be appealed pursuant to the same procedures and
971	timelines as the notice of proposed action set forth in
972	paragraph (b).
973	(11)  SCHOLARSHIP AMOUNT AND PAYMENT.--
974	(a)  The amount of a scholarship provided to any student
975	for any single school year by an eligible nonprofit scholarship-
976	funding organization from eligible contributions shall not
977	exceed the following annual limits:
978	1.  Three thousand seven hundred fifty dollars for a
979	scholarship awarded to a student enrolled in an eligible private
980	school.
981	2.  Five hundred dollars for a scholarship awarded to a
982	student enrolled in a Florida public school that is located
983	outside the district in which the student resides or in a lab
984	school as defined in s. 1002.32.
985	(b)  Payment of the scholarship by the eligible nonprofit
986	scholarship-funding organization shall be by individual warrant
987	or check made payable to the student's parent. If the parent
988	chooses for his or her child to attend an eligible private
989	school, the warrant or check must be delivered by the eligible
990	nonprofit scholarship-funding organization to the private school
991	of the parent's choice, and the parent shall restrictively
992	endorse the warrant or check to the private school. An eligible
993	nonprofit scholarship-funding organization shall ensure that the
994	parent to whom the warrant or check is made restrictively
995	endorsed the warrant or check to the private school for deposit
996	into the account of the private school.
997	(c)  An eligible nonprofit scholarship-funding organization
998	shall obtain verification from the private school of a student's
999	continued attendance at the school prior to each scholarship
1000	payment.
1001	(d)  Payment of the scholarship shall be made by the
1002	eligible nonprofit scholarship-funding organization no less
1003	frequently than on a quarterly basis.
1004	(12)(7)  ADMINISTRATION; RULES.--
1005	(a)  If the credit granted pursuant to this section is not
1006	fully used in any one year because of insufficient tax liability
1007	on the part of the corporation, the unused amount may be carried
1008	forward for a period not to exceed 3 years; however, any
1009	taxpayer that seeks to carry forward an unused amount of tax
1010	credit must submit an application for allocation of tax credits
1011	or carryforward credits as required in paragraph (d) in the year
1012	that the taxpayer intends to use the carryforward. The total
1013	amount of tax credits and carryforward of tax credits granted
1014	each state fiscal year under this section is $88 million. This
1015	carryforward applies to all approved contributions made after
1016	January 1, 2002. A taxpayer may not convey, assign, or transfer
1017	the credit authorized by this section to another entity unless
1018	all of the assets of the taxpayer are conveyed, assigned, or
1019	transferred in the same transaction.
1020	(b)  An application for a tax credit pursuant to this
1021	section shall be submitted to the department on forms
1022	established by rule of the department.
1023	(c)  The department and the Department of Education shall
1024	develop a cooperative agreement to assist in the administration
1025	of this section. The Department of Education shall be
1026	responsible for annually submitting, by March 15, to the
1027	department a list of eligible nonprofit scholarship-funding
1028	organizations that meet the requirements of paragraph (2)(d) and
1029	for monitoring eligibility of nonprofit scholarship-funding
1030	organizations that meet the requirements of paragraph (2)(d),
1031	eligibility of nonpublic schools that meet the requirements of
1032	paragraph (2)(c), and eligibility of expenditures under this
1033	section as provided in subsection (4).
1034	(d)  The department shall adopt rules necessary to
1035	administer this section, including rules establishing
1036	application forms and procedures and governing the allocation of
1037	tax credits and carryforward credits under this section on a
1038	first-come, first-served basis.
1039	(e)  The State Board Department of Education shall adopt
1040	rules pursuant to ss. 120.536(1) and 120.54 necessary to
1041	administer this section determine eligibility of nonprofit
1042	scholarship-funding organizations as defined in paragraph (2)(d)
1043	and according to the provisions of subsection (4) and identify
1044	qualified students as defined in paragraph (2)(e).
1045	(13)(8)  DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All eligible
1046	contributions received by an eligible nonprofit
1047	scholarship-funding organization shall be deposited in a manner
1048	consistent with s. 17.57(2).
1049	Section 3.  Section 1002.421, Florida Statutes, is created
1050	to read:
1051	1002.421  Rights and obligations of private schools
1052	participating in state school choice scholarship
1053	programs.--Requirements of this section are in addition to
1054	private school requirements outlined in s. 1002.42, specific
1055	requirements identified within respective scholarship program
1056	laws, and other provisions of Florida law that apply to private
1057	schools.
1058	(1)  A Florida private school participating in the
1059	Corporate Income Tax Credit Scholarship Program established
1060	pursuant to s. 220.187 or an educational scholarship program
1061	established pursuant to this chapter must comply with all
1062	requirements of this section.
1063	(2)  A private school participating in a scholarship
1064	program must be a Florida private school as defined in s.
1065	1002.01(2) and must:
1066	(a)  Be a registered Florida private school in accordance
1067	with s. 1002.42.
1068	(b)  Comply with antidiscrimination provisions of 42 U.S.C.
1069	s. 2000d.
1070	(c)  Notify the department of its intent to participate in
1071	a scholarship program.
1072	(d)  Notify the department of any change in the school's
1073	name, school director, mailing address, or physical location
1074	within 15 days after the change.
1075	(e)  Complete student enrollment and attendance
1076	verification requirements, including use of an on-line
1077	attendance verification form, prior to scholarship payment.
1078	(f)  Annually complete and submit to the department a
1079	notarized scholarship compliance statement certifying the level
1080	of background screening, level 1 or level 2, that the school
1081	requires of its employees and certifying compliance with state
1082	laws relating to private school participation in the scholarship
1083	program.
1084	(g)  Provide notification to the parents of scholarship
1085	participants and applicants as to whether the school conducts a
1086	level 1 or level 2 background screening on employees who have
1087	unsupervised direct contact with students.
1088	(h)  Demonstrate fiscal soundness and accountability by:
1089	1.  Being in operation for at least 3 school years or
1090	obtaining a surety bond or letter of credit for the amount equal
1091	to the scholarship funds for any quarter and filing the surety
1092	bond or letter of credit with the department.
1093	2.  Requiring the parent of each scholarship student to
1094	personally restrictively endorse the scholarship warrant to the
1095	school. The school may not act as attorney in fact for the
1096	parent of a scholarship student under the authority of a power
1097	of attorney executed by such parent, or under any other
1098	authority, to endorse scholarship warrants on behalf of such
1099	parent.
1100	(i)  Meet applicable state and local health, safety, and
1101	welfare laws, codes, and rules, including:
1102	1.  Fire safety.
1103	2.  Building safety.
1104	(j)  Employ or contract with teachers who hold
1105	baccalaureate or higher degrees, have at least 3 years of
1106	teaching experience in public or private schools, or have
1107	special skills, knowledge, or expertise that qualifies them to
1108	provide instruction in subjects taught.
1109	(k)  Require each individual with direct student contact
1110	with a scholarship student to be of good moral character, to be
1111	subject to the level 1 background screening as provided under
1112	chapter 435, to be denied employment or terminated if required
1113	under s. 435.06, and not to be ineligible to teach in a public
1114	school because his or her educator certificate is suspended or
1115	revoked. For purposes of this paragraph:
1116	1.  An "individual with direct student contact" means any
1117	individual who has unsupervised access to a scholarship student
1118	for whom the private school is responsible.
1119	2.  The costs of fingerprinting and the background check
1120	shall not be borne by the state.
1121	3.  Continued employment of an individual after
1122	notification that the individual has failed the level 1
1123	background screening shall cause a private school to be
1124	ineligible for participation in a scholarship program.
1125	4.  An individual holding a valid Florida teaching
1126	certificate who has been fingerprinted pursuant to s. 1012.32
1127	shall not be required to comply with the provisions of this
1128	paragraph.
1129	(3)  The inability of a private school to meet the
1130	requirements of this section shall constitute a basis for the
1131	ineligibility of the private school to participate in a
1132	scholarship program as determined by the department.
1133	(4)  The inclusion of eligible private schools within
1134	options available to Florida public school students does not
1135	expand the regulatory authority of the state, its officers, or
1136	any school district to impose any additional regulation of
1137	private schools beyond those reasonably necessary to enforce
1138	requirements expressly set forth in this section.
1139	(5)  The State Board of Education shall adopt rules
1140	pursuant to ss. 120.536(1) and 120.54 to administer this
1141	section.
1142	Section 4.  This act shall take effect upon becoming a law.
1143
1144	================= T I T L E  A M E N D M E N T =================
1145	On page 1, line(s) 1 through page 11, line 28, remove:
1146	the entire title
1147	and insert:
1148	A bill to be entitled
1149	An act relating to scholarship program accountability;
1150	amending s. 1002.39, F.S., relating to the John M. McKay
1151	Scholarships for Students with Disabilities Program;
1152	revising definition of the term "students with
1153	disabilities"; revising student eligibility requirements
1154	for receipt of a scholarship and restricting eligibility
1155	therefor; providing for term of a scholarship; revising
1156	and adding school district obligations and clarifying
1157	parental options; revising and adding Department of
1158	Education obligations, including verification of
1159	eligibility of private schools and establishment of a
1160	process for notification of violations, subsequent
1161	investigation, and certification of compliance by private
1162	schools; providing Commissioner of Education authority and
1163	obligations, including the denial, suspension, or
1164	revocation of a private school's participation in the
1165	scholarship program and procedures and timelines therefor;
1166	revising private school eligibility and obligations,
1167	including compliance with specified laws and academic
1168	accountability to the parent; revising parent and student
1169	responsibilities for scholarship program participation;
1170	prohibiting a private school from acting as attorney in
1171	fact to sign a scholarship warrant; revising provisions
1172	relating to scholarship funding and payment; providing
1173	funding and payment requirements for former Florida School
1174	for the Deaf and the Blind students and for students
1175	exiting a Department of Juvenile Justice program;
1176	providing Department of Financial Services obligations;
1177	providing scope of authority; requiring adoption of rules;
1178	amending s. 220.187, F.S., relating to credits for
1179	contributions to nonprofit scholarship-funding
1180	organizations; revising and providing definitions; naming
1181	the scholarship program; providing student eligibility
1182	requirements for receipt of a corporate income tax credit
1183	scholarship and restricting eligibility therefor; revising
1184	provisions relating to tax credit for small businesses;
1185	providing for rescindment of tax credit allocation;
1186	revising and adding obligations of eligible nonprofit
1187	scholarship-funding organizations, including compliance
1188	with requirements for background checks, scholarship-
1189	funding organization ownership or operation, audits, and
1190	reports; requiring certain information to remain
1191	confidential in accordance with s. 213.053, F.S.; revising
1192	and adding parent and student responsibilities for
1193	scholarship program participation, including compliance
1194	with private school's published policies, participation in
1195	student academic assessment, and restrictive endorsement
1196	of scholarship warrants or checks; prohibiting power of
1197	attorney for endorsing a scholarship warrant or check;
1198	revising and adding private school eligibility
1199	requirements and obligations, including compliance with
1200	specified laws and academic accountability to the parent;
1201	revising and adding Department of Education obligations,
1202	including verification of eligibility of program
1203	participants, establishment of a process for notification
1204	of violations, subsequent investigation, and certification
1205	of compliance by private schools, and selection of a
1206	research organization to analyze student performance data;
1207	providing Commissioner of Education authority and
1208	obligations, including the denial, suspension, or
1209	revocation of a private school's participation in the
1210	scholarship program and procedures and timelines therefor;
1211	revising and adding provisions relating to scholarship
1212	funding and payment, including the amount of a scholarship
1213	and the payment process; requiring adoption of rules;
1214	creating s. 1002.421, F.S., relating to rights and
1215	obligations of private schools participating in state
1216	school choice scholarship programs; providing requirements
1217	for participation in a scholarship program, including
1218	compliance with specified state, local, and federal laws
1219	and demonstration of fiscal soundness; requiring
1220	restrictive endorsement of checks and prohibiting a school
1221	from acting as attorney in fact; requiring employment of
1222	qualified teachers and background screening of individuals
1223	with direct student contact; providing scope of authority;
1224	requiring adoption of rules; providing an effective date.

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