Senate Bill sb0002

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    Florida Senate - 2005                                     SB 2

    By Senator King





    8-1B-05

  1                      A bill to be entitled

  2         An act relating to scholarship programs;

  3         amending s. 1002.39, F.S., relating to the John

  4         M. McKay Scholarships for Students with

  5         Disabilities Program; revising the definition

  6         of an eligible student; revising the

  7         eligibility requirements of the program;

  8         extending the term of the scholarship;

  9         prohibiting certain students from receiving a

10         scholarship; revising the parental notification

11         requirements; authorizing certain scholarship

12         students to participate in a distance learning

13         or correspondence course or a private tutoring

14         program under certain circumstances; providing

15         a definition of timely parental notification;

16         providing requirements for district school

17         boards with respect to completing and making

18         changes to the matrix of services for

19         scholarship students; requiring school

20         districts to provide parental notification

21         related to reassessments; revising requirements

22         that a participating private school demonstrate

23         fiscal soundness; requiring a surety bond;

24         providing an exception; requiring annual

25         registration of private schools; providing

26         requirements for documentation and notice;

27         providing additional requirements for

28         participating private schools; requiring annual

29         sworn and notarized compliance statements to be

30         filed with the department; requiring specific

31         documentation for participating scholarship

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    Florida Senate - 2005                                     SB 2
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 1         students; requiring that the private school

 2         maintain a physical location in this state;

 3         requiring that information be made available to

 4         potential scholarship students and the

 5         department; requiring scholarship students to

 6         participate in assessments; requiring

 7         notification to parents regarding student skill

 8         levels; requiring notification to the

 9         department regarding changes in information;

10         requiring notification to local health

11         departments; requiring certain individuals to

12         undergo level 2 background screening

13         requirements pursuant to s. 435.04, F.S.;

14         providing for the Department of Law Enforcement

15         to retain and search fingerprint records;

16         providing for an annual fee as provided by rule

17         of the Department of Law Enforcement; requiring

18         that costs of background checks to be borne by

19         certain parties; prohibiting a private school

20         from acting as an attorney in fact for the

21         parent of a scholarship student or endorsing

22         scholarship warrants on behalf of a parent;

23         prohibiting participating private schools from

24         sending or directing scholarship funds to

25         parents of a scholarship student who receives

26         instruction at home; prohibiting a

27         participating school from being a private

28         tutoring program or a correspondence or

29         distance learning school; prohibiting a

30         participating school from accepting students

31         pending verification of information;

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    Florida Senate - 2005                                     SB 2
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 1         authorizing a participating private school to

 2         request, and the department to grant,

 3         closed-enrollment status for a school;

 4         prohibiting the parent of a scholarship student

 5         from designating a participating private school

 6         as the parent's attorney in fact to sign a

 7         scholarship warrant; clarifying that the school

 8         district must report to the department the

 9         students who are attending a private school

10         under the program; establishing additional

11         obligations of the Department of Education;

12         requiring the department to review, approve,

13         and verify information and review background

14         checks; requiring the department to determine

15         the eligibility of a private school to

16         participate in the program; requiring the

17         department to publish an on-line list of

18         current eligible private schools; requiring the

19         department to deny or refuse to allow the

20         participation of a private school for failing

21         to meet certain requirements; requiring the

22         department to issue a notice of noncompliance

23         for minor violations; providing for an

24         emergency order revoking the registration of a

25         private school for failing to satisfy the

26         requirements in the notice; requiring the

27         Department of Education to immediately revoke

28         the registration of a private school for

29         certain other violations; requiring the

30         department to revoke the scholarship for a

31         participant for failing to comply with

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    Florida Senate - 2005                                     SB 2
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 1         statutory requirements or for engaging in

 2         specified practices; requiring the department

 3         to conduct investigations of legally sufficient

 4         complaints of violations; authorizing the

 5         department to require supporting information or

 6         documentation; authorizing the Department of

 7         Education to change the matrix of services

 8         under certain circumstances; providing for

 9         audits by the Auditor General; providing

10         requirements for the audits; requiring the

11         State Board of Education to adopt rules;

12         specifying the required rules; requiring the

13         State Board of Education to initiate the

14         adoption of rules by a time certain and report

15         to the Legislature; providing exceptions for

16         certain participating private schools subject

17         to specific conditions; amending s. 220.187,

18         F.S., relating to the Corporate Tax Credit

19         Scholarship Program; providing a short title;

20         providing definitions; prohibiting certain

21         private schools and other entities from

22         participating in the scholarship program;

23         prohibiting certain students from participating

24         in the scholarship program; revising

25         limitations on the allocation of annual credits

26         granted under the program; providing

27         limitations on eligible contributions;

28         requiring the Auditor General to review certain

29         audits, request certain information, and report

30         to the Legislative Auditing Committee any

31         findings of noncompliance; authorizing the

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    Florida Senate - 2005                                     SB 2
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 1         Legislative Auditing Committee to conduct

 2         hearings and compel the Department of Education

 3         to revoke eligibility of certain nonprofit

 4         scholarship-funding organizations; providing

 5         for audit reports to be submitted to the

 6         Department of Education; requiring audits be

 7         conducted within 180 days after completion of

 8         the nonprofit scholarship-funding

 9         organization's fiscal year; requiring a

10         nonprofit scholarship-funding organization to

11         make scholarship payments at least on a

12         quarterly basis; prohibiting commingling of

13         certain scholarship funds; requiring a

14         nonprofit scholarship-funding organization to

15         maintain a separate account for scholarship

16         funds; requiring a nonprofit

17         scholarship-funding organization to verify

18         student attendance at a private school prior to

19         submission of scholarship funds; requiring a

20         nonprofit scholarship-funding organization to

21         verify income eligibility of qualified students

22         at least once a year in accordance with State

23         Board of Education rules; requiring a nonprofit

24         scholarship-funding organization to submit

25         certain reports to the Department of Education;

26         requiring certain individuals to undergo level

27         2 background screening requirements pursuant to

28         s. 435.04, F.S.; providing for the Department

29         of Law Enforcement to retain and search

30         fingerprint records; providing for an annual

31         fee as provided by rule of the Department of

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    Florida Senate - 2005                                     SB 2
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 1         Law Enforcement; requiring costs of background

 2         checks be borne by certain parties; prohibiting

 3         certain eligible nonprofit scholarship-funding

 4         organizations the owners of which have filed

 5         for bankruptcy from participating in the

 6         program; requiring a nonprofit

 7         scholarship-funding organization comply with

 8         antidiscrimination provisions of 42 U.S.C. s.

 9         2000d; prohibiting an owner or a nonprofit

10         scholarship-funding organization from owning,

11         operating, or administering an eligible private

12         school under the scholarship program; requiring

13         a nonprofit scholarship-funding organization to

14         report any private school not in compliance

15         with scholarship program requirements to the

16         Department of Education; prohibiting provision

17         of scholarship funds to a student to attend a

18         private school not in compliance; authorizing a

19         parent to transfer the scholarship; requiring

20         award of scholarships on a first-come,

21         first-served basis; prohibiting a nonprofit

22         scholarship-funding organization from targeting

23         certain students for scholarships; prohibiting

24         the award of scholarships to a child of an

25         owner of a nonprofit scholarship-funding

26         organization; prohibiting the transfer of an

27         eligible contribution between nonprofit

28         scholarship-funding organizations; prohibiting

29         a nonprofit scholarship-funding organization

30         from securing financing in anticipation of

31         eligible contributions; prohibiting a nonprofit

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    Florida Senate - 2005                                     SB 2
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 1         scholarship-funding organization from

 2         participating in the program if the

 3         organization fails to meet statutory

 4         obligations; requiring students to meet certain

 5         attendance policies; requiring parents to meet

 6         certain parental involvement requirements

 7         unless excused; prohibiting a parent from

 8         authorizing a power of attorney for endorsement

 9         of scholarship warrant; requiring a parent to

10         ensure that a scholarship student participates

11         in testing requirements; prohibiting a student

12         or parent of a student from participating in

13         the scholarship program if the student or

14         parent fails to meet statutory obligations;

15         revising provisions with respect to private

16         schools; revising requirements that a

17         participating private school demonstrate fiscal

18         soundness; requiring a surety bond; providing

19         an exception; requiring a private school to

20         employ or contract with teachers who have

21         regular and direct contact with students at the

22         school's physical location; requiring the

23         private schools to employ or contract with

24         teachers who have at least a baccalaureate

25         degree or 3 years of teaching experience at a

26         public or private school, and other skills that

27         qualify the teacher to provide appropriate

28         instruction; requiring a private school to

29         report to the Department of Education the

30         qualifications of teachers; requiring a private

31         school to annually register with the Department

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    Florida Senate - 2005                                     SB 2
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 1         of Education and provide certain information

 2         concerning the private school organization,

 3         student list, and notice of intent to

 4         participate in the scholarship program;

 5         requiring certain individuals to undergo level

 6         2 background screening requirements pursuant to

 7         s. 435.04, F.S.; providing for the Department

 8         of Law Enforcement to retain and search

 9         fingerprint records; providing for an annual

10         fee as provided by rule of the Department of

11         Law Enforcement; requiring costs of background

12         checks be borne by certain parties; requiring a

13         private school to administer or to make

14         provision for administering certain tests to

15         scholarship students; requiring reporting of

16         scores to the student's parent and to the

17         Department of Education; requiring a private

18         school to file an affidavit; requiring a

19         private school to notify the Department of

20         Education in writing within 7 days if a student

21         is ineligible to participate in the scholarship

22         program; requiring a private school to report

23         to the Department of Education and distribute

24         to scholarship applicants information

25         concerning accreditation and years in

26         existence; requiring the Department of

27         Education to make certain information

28         concerning private school accreditation

29         available to the public; prohibiting a private

30         school from participating in the scholarship

31         program if the private school fails to meet its

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    Florida Senate - 2005                                     SB 2
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 1         statutory obligations; requiring the Department

 2         of Education to determine the eligibility of

 3         certain nonprofit scholarship-funding

 4         organizations within 90 days after application;

 5         requiring a written notice with specific

 6         reasons for approval or denial; requiring the

 7         Department of Education to annually determine

 8         the eligibility of nonprofit

 9         scholarship-funding organizations and private

10         schools; requiring the Department of Education

11         to make accessible to the public a list of

12         eligible private schools; requiring the

13         Department of Education to annually verify the

14         eligibility of students; requiring the

15         Department of Education to maintain a student

16         database of program participants and to update

17         the database at least quarterly; requiring the

18         Department of Education to notify a nonprofit

19         scholarship-funding organization of any

20         ineligible student; requiring the Department of

21         Education to annually account for and verify

22         the eligibility of program expenditures;

23         requiring the Department of Education to review

24         audits; requiring the Department of Education

25         to report student performance data; providing

26         limitations on reporting; requiring the

27         Department of Education to revoke the

28         eligibility of program participants for failure

29         to comply with statutory obligations; requiring

30         the Department of Education to conduct

31         investigations of certain complaints; requiring

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    Florida Senate - 2005                                     SB 2
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 1         the Department of Education to annually report

 2         on accountability activities; requiring the

 3         State Board of Education to adopt rules

 4         regarding documentation to establish

 5         eligibility of nonprofit scholarship-funding

 6         organizations, requiring an affidavit, and

 7         requiring independent income verification for

 8         determining the eligibility of students;

 9         authorizing the State Board of Education to

10         delegate its authority to the Commissioner of

11         Education with the exception of rulemaking

12         authority; providing an effective date.

13  

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

15  

16         Section 1.  Subsections (1), (2), (3), (4), and (5) and

17  paragraphs (d) and (e) of subsection (6) of section 1002.39,

18  Florida Statutes, are amended, present subsections (7) and (8)

19  of that section are redesignated as subsections (9) and (10),

20  respectively, and amended, and new subsections (7) and (8) are

21  added to that section, to read:

22         1002.39  The John M. McKay Scholarships for Students

23  with Disabilities Program.--There is established a program

24  that is separate and distinct from the Opportunity Scholarship

25  Program and is named the John M. McKay Scholarships for

26  Students with Disabilities Program, pursuant to this section.

27         (1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH

28  DISABILITIES PROGRAM.--The John M. McKay Scholarships for

29  Students with Disabilities Program is established to provide

30  the option to attend a public school other than the one to

31  which assigned, or to provide a scholarship to a private

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    Florida Senate - 2005                                     SB 2
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 1  school of choice, for students with disabilities for whom an

 2  individual education plan has been written in accordance with

 3  rules of the State Board of Education. Students with

 4  disabilities include K-12 students who are documented as

 5  having mental retardation; a speech or language impairment; a

 6  hearing impairment, including deafness; a visual impairment,

 7  including blindness; a dual sensory impairment; a physical

 8  impairment; a serious emotional disturbance, including an

 9  emotional handicap; a specific learning disability, including,

10  but not limited to, dyslexia, dyscalculia, or developmental

11  aphasia; a traumatic brain injury; or autism mentally

12  handicapped, speech and language impaired, deaf or hard of

13  hearing, visually impaired, dual sensory impaired, physically

14  impaired, emotionally handicapped, specific learning disabled,

15  hospitalized or homebound, or autistic.

16         (2)  SCHOLARSHIP ELIGIBILITY; PROHIBITIONS.--

17         (a)  The parent of a public school student with a

18  disability who is dissatisfied with the student's progress may

19  request and receive from the state a John M. McKay Scholarship

20  for the child to enroll in and attend a private school in

21  accordance with this section if:

22         1.(a)  By assigned school attendance area or by special

23  assignment, the student has spent the prior school year in

24  attendance at a Florida public school. Prior school year in

25  attendance means that the student was enrolled and reported by

26  a school district for funding during the preceding October and

27  February Florida Education Finance Program surveys in

28  kindergarten through grade 12. Prior school year in attendance

29  does not include the period of time that the student was

30  enrolled in a school operating for the purposes of providing

31  educational services to youth in a commitment program of the

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 1  Department of Juvenile Justice. However, this subparagraph

 2  paragraph does not apply to a dependent child of a member of

 3  the United States Armed Forces who transfers to a school in

 4  this state from out of state or from a foreign country

 5  pursuant to a parent's permanent change of station orders. A

 6  dependent child of a member of the United States Armed Forces

 7  who transfers to a school in this state from out of state or

 8  from a foreign country pursuant to a parent's permanent change

 9  of station orders must meet all other eligibility requirements

10  to participate in the program.

11         2.(b)  The parent has obtained acceptance for admission

12  of the student to a private school that is eligible for the

13  program under subsection (4) and has notified the Department

14  of Education school district of the request for a scholarship

15  at least 60 days prior to the date of the first scholarship

16  payment. The parental notification must be through a

17  communication directly to the district or through the

18  Department of Education to the district in a manner that

19  creates a written or electronic record of the notification and

20  the date of receipt of the notification. The Department of

21  Education must notify the district of the parent's intent,

22  upon receipt of the parent's notification.

23  

24  This section does not apply to a student who is enrolled in a

25  school operating for the purpose of providing educational

26  services to youth in Department of Juvenile Justice commitment

27  programs. For purposes of continuity of educational choice,

28  the scholarship shall remain in force until the student

29  returns to a public school or graduates from high school or

30  reaches the age of 22, whichever occurs first. However, at any

31  time, the student's parent may remove the student from the

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 1  private school and place the student in another private school

 2  that is eligible for the program under subsection (4) or in a

 3  public school as provided in subsection (3).

 4         (b)  A student is not eligible to receive a scholarship

 5  under this section if he or she:

 6         1.  Receives a scholarship from an eligible

 7  scholarship-funding organization under s. 220.187.

 8         2.  Receives an opportunity scholarship under s.

 9  1002.38.

10         3.  Participates in a home education program as defined

11  in s. 1002.01(1).

12         4.  Receives instruction from a correspondence school

13  or a private tutoring program as described in s. 1002.43, or

14  participates in distance learning courses.

15         5.  Does not have regular and direct contact with his

16  or her private school teachers at the school's physical

17  location.

18         6.  Is enrolled in a school operating for the purpose

19  of providing educational services to youth in commitment

20  programs of the Department of Juvenile Justice.

21  

22  Notwithstanding the prohibition set forth in subparagraph 4.,

23  a student who receives a John M. McKay Scholarship may

24  participate in a distance learning course, a private tutoring

25  program, or a course offered by a correspondence school, the

26  tuition and other costs of which are not paid by scholarship

27  funds provided under this section.

28         (3)  SCHOOL DISTRICT AND DEPARTMENT OF EDUCATION

29  OBLIGATIONS.--

30         (a)  The Department of Education A school district

31  shall timely notify the parent of each public school the

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 1  student of all options available pursuant to this section and

 2  offer that student's parent an opportunity to enroll the

 3  student in another public school within the district. The

 4  parent is not required to accept this offer in lieu of

 5  requesting a John M. McKay Scholarship to a private school.

 6  However, if the parent chooses the public school option, the

 7  student may continue attending a public school chosen by the

 8  parent until the student graduates from high school. If the

 9  parent chooses a public school consistent with the district

10  school board's choice plan under s. 1002.31, the school

11  district shall provide transportation to the public school

12  selected by the parent. The parent is responsible to provide

13  transportation to a public school chosen that is not

14  consistent with the district school board's choice plan under

15  s. 1002.31. For purposes of this paragraph, timely

16  notification means notification no later than April 1 of each

17  school year.

18         (b)1.  For a student with disabilities who does not

19  have a matrix of services under s. 1011.62(1)(e), the school

20  district must complete a matrix that assigns the student to

21  one of the levels of service as they existed prior to the

22  2000-2001 school year.

23         2.a.  The school district must complete the matrix of

24  services for any student who is participating in the John M.

25  McKay Scholarships for Students with Disabilities Program and

26  must notify the Department of Education of the student's

27  matrix level within 30 days after receiving notification by

28  the Department of Education of the parent's the student's

29  parent of intent to participate in the scholarship program.

30  The nature and intensity of the services indicated in the

31  

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 1  matrix must be consistent with the services described in the

 2  student's individual education plan.

 3         b.  A school district may change a matrix of services

 4  only if the change is to:

 5         (I)  Correct a technical, typographical, or calculation

 6  error; or

 7         (II)  Align the matrix of services with the student's

 8  individual education plan completed by the public school

 9  district for use in the public school prior to the student

10  enrolling in or attending a private school.

11         3.  The Department of Education shall notify the

12  private school of the amount of the scholarship within 10 days

13  after receiving the school district's notification of the

14  student's matrix level.

15         4.  Within 10 school days after it receives

16  notification of a parent's intent to apply for a McKay

17  Scholarship, a district school board must notify the student's

18  parent if the matrix has not been completed and provide the

19  parent with the date for completion of the matrix required in

20  this paragraph.

21         (c)  If the parent chooses the private school option

22  and the student is accepted by the private school pending the

23  availability of a space for the student, the parent of the

24  student must notify the Department of Education school

25  district 60 days prior to the first scholarship payment and

26  before entering the private school in order to be eligible for

27  the scholarship when a space becomes available for the student

28  in the private school.

29         (d)  The parent of a student may choose, as an

30  alternative, to enroll the student in and transport the

31  student to a public school in an adjacent school district

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 1  which has available space and has a program with the services

 2  agreed to in the student's individual education plan already

 3  in place, and that school district shall accept the student

 4  and report the student to the Department of Education for

 5  purposes of the district's funding pursuant to the Florida

 6  Education Finance Program.

 7         (e)  For a student in the district who participates in

 8  the John M. McKay Scholarships for Students with Disabilities

 9  Program whose parent requests that the student take the

10  statewide assessments under s. 1008.22, the district shall

11  provide locations and times to take all statewide assessments.

12         (f)  A school district must notify The Department of

13  Education must notify the school district upon receipt of the

14  within 10 days after it receives notification of a parent's

15  intent to apply for a scholarship for a student with a

16  disability. A school district must provide the student's

17  parent with the student's matrix level within 10 school days

18  after its completion.

19         (g)  A school district shall, at least every 3 years,

20  provide notification to parents of the availability of a

21  reassessment of each student who receives a McKay Scholarship.

22         (4)  PRIVATE SCHOOL ELIGIBILITY; REGISTRATION;

23  PROHIBITIONS.--

24         (a)  To be eligible to participate in the John M. McKay

25  Scholarships for Students with Disabilities Program, a private

26  school must be a Florida private school as defined in s.

27  1002.01(2), may be sectarian or nonsectarian, and must:

28         1.(a)  Demonstrate fiscal soundness by filing with

29  being in operation for 1 school year or provide the Department

30  of Education with a surety bond for the amount equal to the

31  scholarship amount for each quarter of the school year. The

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 1  purpose of the surety bond is to secure expenditures of

 2  scholarship funds if such funds are found to have been used

 3  for unlawful purposes. The surety bond must be filed at the

 4  time of the private school's initial registration and at each

 5  renewal period thereafter for a total of 3 consecutive years.

 6  This requirement does not apply to an eligible private school

 7  that:

 8         a.  Participates in the program for a total of 3

 9  consecutive years or longer; and

10         b.  Has had no action taken by the Department of

11  Education against the private school for any violation of this

12  section for 3 consecutive years or longer.

13  

14  However, any private school that was subject to an action

15  taken by the department for any violation of this section

16  shall, following the date on which the action was taken

17  against the private school for a violation of this section,

18  but prior to receiving the next quarterly payment and for 2

19  years thereafter, file a surety bond with the department.

20         2.  Annually register with the Department of Education.

21  Each owner or administrator of a private school must provide

22  the following information:

23         a.  The legal business and trade name, mailing address,

24  and business location of the private school;

25         b.  The full name, address, and telephone number of

26  each owner or administrator of the private school; and

27         c.  A notification of the private school's intent to

28  participate in the program under this section. The notice must

29  specify the grade levels and services that the private school

30  has available for students with disabilities who are

31  participating in the scholarship program. statement by a

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 1  certified public accountant confirming that the private school

 2  desiring to participate is insured and the owner or owners

 3  have sufficient capital or credit to operate the school for

 4  the upcoming year serving the number of students anticipated

 5  with expected revenues from tuition and other sources that may

 6  be reasonably expected. In lieu of such a statement, a surety

 7  bond or letter of credit for the amount equal to the

 8  scholarship funds for any quarter may be filed with the

 9  department.

10         (b)  Notify the Department of Education of its intent

11  to participate in the program under this section. The notice

12  must specify the grade levels and services that the private

13  school has available for students with disabilities who are

14  participating in the scholarship program.

15         3.(c)  Comply with the antidiscrimination provisions of

16  42 U.S.C. s. 2000d.

17         4.(d)  Meet state and local health and safety laws and

18  codes.

19         5.(e)  Be academically accountable to the parent for

20  meeting the educational needs of the student.

21         6.(f)  Employ or contract with teachers who hold

22  baccalaureate or higher degrees, or have at least 3 years of

23  teaching experience in public or private schools, or have

24  special skills, knowledge, or expertise that qualifies them to

25  provide instruction in subjects taught.

26         7.(g)  Comply with all state laws relating to general

27  regulation of private schools, including, but not limited to,

28  s. 1002.42.

29         8.(h)  Publish and adhere to the tenets of its adopted

30  published disciplinary procedures prior to the expulsion of a

31  scholarship student.

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 1         9.  Provide the Department of Education with all

 2  documentation required for each scholarship student's

 3  participation in the scholarship program, including, but not

 4  limited to:

 5         a.  The private school's fee schedule, including, but

 6  not limited to, fees for services, tuition, and instructional

 7  materials, and each individual scholarship student's schedule

 8  of fees and charges, at least 30 days before the first

 9  quarterly scholarship payment is made for the student; and

10         b.  The enrollment and attendance information,

11  including an on-line attendance verification form, for each

12  scholarship student at the private school, prior to each

13  scholarship payment.

14  

15  The on-line attendance form must be documented each quarter by

16  a notarized statement that is signed by the private school and

17  the parents of each McKay Scholarship student in attendance at

18  the private school. The private school must maintain the

19  completed notarized statements at the private school for each

20  academic year. The completed notarized statements must be open

21  to the Department of Education upon request.

22         10.  Maintain in this state a physical location where a

23  scholarship student regularly attends classes.

24         11.a.  Advertise or notify potential McKay Scholarship

25  students and parents of the specific types of disabilities

26  served by the school, and provide this information to the

27  Department of Education.

28         b.  Review with the parent the student's individual

29  education plan.

30         12.  Require each McKay Scholarship student to

31  participate at least annually in a student assessment which,

                                  19

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 1  as determined by the private school in consultation with the

 2  student's parent or guardian, will demonstrate the student's

 3  skill level to the student's parents.

 4         13.  Notify the student's parent at least annually

 5  about the student's skill level on a student assessment that

 6  is determined by the private school.

 7         14.  Notify the Department of Education of any change

 8  in the school's registered name or location prior to any such

 9  change and notify the Department of Education within 15 days

10  after any other change in the registration information

11  submitted to the department.

12         15.  Notify each local health department within 15 days

13  after establishing operations at a physical location or

14  address and within 3 days after discovering any ongoing health

15  code violation that has not yet been remedied in full.

16         16.  Annually complete and file with the Department of

17  Education a sworn and notarized compliance statement in a form

18  and by a deadline specified in rules adopted by the State

19  Board of Education.

20         (b)  A private school participating in the John M.

21  McKay Scholarships for Students with Disabilities Program must

22  ensure that all personnel who are hired or contracted to

23  provide services to fill positions requiring direct contact

24  with students in the private school, and all owners of a

25  private school, shall, upon employment, engagement to provide

26  services, or assumption of a position of ownership, a position

27  of decisionmaking authority, or a position having access to

28  scholarship funds, undergo background screening pursuant to s.

29  435.04 by filing with the Department of Education a complete

30  set of fingerprints taken by an authorized law enforcement

31  agency or an employee of the private school who is trained to

                                  20

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 1  take fingerprints. These fingerprints must be submitted to the

 2  Department of Law Enforcement for state processing, which

 3  shall in turn submit the fingerprints to the Federal Bureau of

 4  Investigation for federal processing. The Department of

 5  Education shall screen the background results and report to

 6  the private school any person described in this paragraph who

 7  fails to meet level 2 screening standards pursuant to s.

 8  435.04 or any person described in this paragraph who has been

 9  convicted of a crime involving moral turpitude. Any person

10  described in this paragraph who is found through fingerprint

11  processing to have been convicted of a crime involving moral

12  turpitude or fails to meet level 2 screening standards

13  pursuant to s. 435.04 may not be employed or engaged to

14  provide services in any position in the private school

15  requiring direct contact with students and may not assume an

16  ownership position, a position of decisionmaking authority, or

17  a position having access to scholarship funds. The cost of the

18  background screening may be borne by the private school, the

19  employee, the person engaged to provide services, or the

20  owner.

21         1.  Every 5 years each person described in this

22  paragraph must meet level 2 screening requirements as

23  described in s. 435.04, at which time the Department of

24  Education shall request the Department of Law Enforcement to

25  forward the fingerprints to the Federal Bureau of

26  Investigation for level 2 screening. If the fingerprints of a

27  person described in this paragraph are not retained by the

28  Department of Law Enforcement under subparagraph 2., the

29  person must file a complete set of fingerprints with the

30  Department of Education. Upon submission of fingerprints for

31  this purpose, the Department of Education shall request that

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 1  the Department of Law Enforcement forward the fingerprints to

 2  the Federal Bureau of Investigation for level 2 screening, and

 3  the fingerprints must be retained by the Department of Law

 4  Enforcement under subparagraph 2. The cost of the state and

 5  federal criminal history check required by level 2 screening

 6  may be borne by the private school, the employee, the person

 7  engaged to provide services, or the owner. Under penalty of

 8  perjury, each person described in this paragraph must agree to

 9  inform the private school immediately if convicted of any

10  disqualifying offense while in a capacity with the private

11  school as described in this paragraph.

12         2.  All fingerprints submitted to the Department of Law

13  Enforcement as required by this paragraph shall be retained by

14  the Department of Law Enforcement in a manner provided by rule

15  and entered in the statewide automated fingerprint

16  identification system authorized by s. 943.05(2)(b). Such

17  fingerprints shall thereafter be available for all purposes

18  and uses authorized for arrest fingerprint cards entered in

19  the statewide automated fingerprint identification system

20  under s. 943.051.

21         3.  The Department of Law Enforcement shall search all

22  arrest fingerprint cards received under s. 943.051 against the

23  fingerprints retained in the statewide automated fingerprint

24  identification system under subparagraph 2. Any arrest record

25  that is identified with the fingerprints of a person described

26  in this paragraph must be reported to the Department of

27  Education. Each eligible private school shall participate in

28  this search process by paying an annual fee to the Department

29  of Law Enforcement and by informing the Department of Law

30  Enforcement of any change in the status or place of employment

31  or engagement of services of its personnel as described in

                                  22

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 1  this paragraph whose fingerprints are retained under

 2  subparagraph 2. The Department of Law Enforcement shall adopt

 3  a rule setting the amount of the annual fee to be imposed upon

 4  each private school for performing these searches and

 5  establishing the procedures for the retention of private

 6  school personnel fingerprints and the dissemination of search

 7  results. The fee may be borne by the private school, the

 8  employee, the person engaged to provide services, or the

 9  owner.

10         4.  If it is found that a person described in this

11  paragraph does not meet the level 2 requirements, the eligible

12  private school shall be immediately suspended from

13  participating in the program and shall remain suspended until

14  final resolution of any appeals. An eligible private school

15  that employs or engages to provide services with a person

16  described in this paragraph who fails to meet level 2

17  screening standards or has been convicted of a crime involving

18  moral turpitude may not participate in this program.

19         (c)  A private school participating in the John M.

20  McKay Scholarships for Students with Disabilities Program may

21  not:

22         1.  Act as attorney in fact for parents of a

23  scholarship student under the authority of a power of attorney

24  executed by such parents, or under any other authority, to

25  endorse scholarship warrants on behalf of parents.

26         2.  Send or direct McKay Scholarship funds to parents

27  of a scholarship student who receives instruction at home.

28         3.  Be a correspondence school or distance learning

29  school.

30         4.  Operate as a private tutoring program as defined in

31  s. 1002.43.

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 1         5.  Accept a McKay Scholarship student until the sworn

 2  and notarized compliance statement has been completed,

 3  submitted to, and independently verified by the Department of

 4  Education.

 5         (d)  A participating private school may request that

 6  the school be listed by the Department of Education with a

 7  closed-enrollment status in the McKay Scholarship program if

 8  the school is no longer accepting new students with McKay

 9  Scholarships. As used in this paragraph, the term

10  "closed-enrollment status" means that the private school is no

11  longer accepting any new student with a McKay Scholarship.

12  However, the private school is subject to all the requirements

13  under this section and all applicable rules adopted by the

14  State Board of Education if the private school is serving a

15  student with a McKay Scholarship. The private school must

16  provide a written request for closed-enrollment status to the

17  Department of Education. The Department of Education may grant

18  closed-enrollment status to a participating private school.

19  However, closed-enrollment status may not be granted for

20  longer than 1 school year.

21         (5)  OBLIGATION OF PROGRAM PARTICIPANTS.--

22         (a)  A parent who applies for a John M. McKay

23  Scholarship is exercising his or her parental option to place

24  his or her child in a private school. The parent must select

25  the private school and apply for the admission of his or her

26  child.

27         (b)  The parent must have requested the scholarship at

28  least 60 days prior to the date of the first scholarship

29  payment.

30         (c)  Any student participating in the scholarship

31  program must remain in attendance throughout the school year,

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 1  unless excused by the school for illness or other good cause,

 2  and must comply fully with the school's code of conduct.

 3         (d)  The parent of each student participating in the

 4  scholarship program must comply fully with the private

 5  school's parental involvement requirements, unless excused by

 6  the school for illness or other good cause.

 7         (e)  If the parent requests that the student

 8  participating in the scholarship program take all statewide

 9  assessments required pursuant to s. 1008.22, the parent is

10  responsible for transporting the student to the assessment

11  site designated by the school district.

12         (f)  Upon receipt of a scholarship warrant, the parent

13  to whom the warrant is made must restrictively endorse the

14  warrant to the private school for deposit into the account of

15  the private school.

16         (g)  The parent of a student participating in the

17  scholarship program may not designate any participating

18  private school as the parent's attorney in fact to sign a

19  scholarship warrant.

20         (h)(g)  A participant who fails to comply with this

21  subsection forfeits the scholarship.

22         (6)  SCHOLARSHIP FUNDING AND PAYMENT.--

23         (d)  The school district shall report to the Department

24  of Education all students who are attending a private school

25  under this program. The students with disabilities attending

26  private schools on John M. McKay Scholarships shall be

27  reported separately from other students reported for purposes

28  of the Florida Education Finance Program.

29         (e)  Following notification on July 1, September 1,

30  December 1, or February 1 of the number of program

31  participants, the Department of Education shall transfer, from

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 1  General Revenue funds only, the amount calculated under

 2  paragraph (b) from the school district's total funding

 3  entitlement under the Florida Education Finance Program and

 4  from authorized categorical accounts to a separate account for

 5  the scholarship program for quarterly disbursement to the

 6  parents of participating students. When a student enters the

 7  scholarship program, the Department of Education must receive

 8  all documentation required for the student's participation,

 9  including, but not limited to, the private school's and

10  student's fee schedules, at least 30 days before the first

11  quarterly scholarship payment is made for the student. The

12  Department of Education may not make any retroactive payments.

13         (7)  OBLIGATIONS OF THE DEPARTMENT OF EDUCATION.--

14         (a)  The Department of Education shall perform the

15  following duties:

16         1.  Review for compliance all documentation required

17  for each scholarship student's participation, including,

18  without limitation, the private school's schedule and the

19  student's fee schedule.

20         2.  Verify the admission acceptance of each scholarship

21  student to an eligible private school prior to the initial

22  scholarship payment.

23         3.  Verify, prior to each scholarship payment, the

24  enrollment and attendance of each scholarship student at the

25  private school and that the scholarship student is not:

26         a.  Receiving a scholarship under s. 220.187 or s.

27  1002.38.

28         b.  Participating in a home education program as

29  defined in s. 1002.01(1).

30         c.  Participating in instruction delivered by a

31  correspondence school, private tutoring program as defined in

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 1  s. 1002.43, or distance learning courses, except as

 2  specifically permitted in paragraph (2)(b).

 3         d.  Enrolled in a school operating for the purpose of

 4  providing education services to youth in commitment programs

 5  of the Department of Juvenile Justice.

 6         e.  Currently enrolled in a public school in the state,

 7  if the student has a scholarship to attend a private school.

 8         4.  Administer and prescribe an annual sworn and

 9  notarized compliance statement for each participating private

10  school and independently verify the information provided by

11  each participating private school.

12         5.  Review all results of the background checks

13  performed pursuant to subsection (4).

14         6.  Determine the eligibility of a private school to

15  accept McKay Scholarship students, based upon independent

16  verification that the private school meets all the

17  requirements in this section and all applicable rules adopted

18  by the State Board of Education.

19         7.  Publish a current, on-line list of eligible private

20  schools.

21         8.  Include each eligible private school on the on-line

22  list of eligible private schools within 10 days after the

23  private school is determined to be eligible to participate in

24  the McKay Scholarship program.

25         9.  Remove immediately from the on-line list of

26  eligible private schools any school that is determined by the

27  Department of Education to be an ineligible private school, as

28  provided for in paragraph (b).

29         10.  Remove immediately from the on-line list of

30  eligible private schools any school that is determined by the

31  

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 1  Department of Education to be an ineligible school, as

 2  provided for in paragraphs (b) and (c).

 3         (b)  The Department of Education shall deny or refuse

 4  to allow the participation of any private school if it

 5  determines that the private school or any of its owners or

 6  administrators has failed to meet the requirements for initial

 7  application or renewal as provided in this section.

 8         (c)  The Department of Education shall issue a notice

 9  of noncompliance pursuant to s. 120.695 to any participating

10  private school that violates any of the provisions of this

11  section or the rules of the State Board of Education, if the

12  violation is a minor violation as defined in s. 120.695. If a

13  private school fails to satisfy the requirements specified in

14  the notice of noncompliance within 30 days after its receipt

15  by the school, the Department of Education shall issue an

16  emergency order revoking the registration of the participating

17  private school. The Department of Education shall issue an

18  emergency order to immediately revoke the registration of a

19  participating private school for a violation that is not a

20  minor violation as defined in s. 120.695.

21         (d)  The Department of Education shall revoke the

22  scholarship for a participant who fails to comply with the

23  requirements in subsection (5) or who:

24         1.  Receives a scholarship under s. 220.187 or s.

25  1002.38.

26         2.  Participates in a home education program as defined

27  in s. 1002.01(1).

28         3.  Participates in instruction delivered by a

29  correspondence school, a private tutoring program as defined

30  in s. 1002.43, or distance learning courses, except as

31  specifically permitted in paragraph (2)(b).

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 1         4.  Does not have regular and direct contact with the

 2  student's private school teachers at the school's physical

 3  location.

 4         5.  Enrolls in a school operating for the purpose of

 5  providing educational services to youth in commitment programs

 6  of the Department of Juvenile Justice.

 7         (e)  The Department of Education shall conduct an

 8  investigation of any written complaint of a violation of this

 9  section if the complaint is signed by the complainant and is

10  legally sufficient. A complaint is legally sufficient if it

11  contains ultimate facts that show that a violation of this

12  section or any rule adopted by the State Board of Education

13  has occurred. In order to determine legal sufficiency, the

14  Department of Education may require supporting information or

15  documentation. The Department of Education may investigate any

16  complaint, including, but not limited to, anonymous

17  complaints.

18         (f)  The Department of Education may not change a

19  matrix of services completed by a school district. However,

20  the department may make the following changes for a matrix for

21  a student if the school district has identified the error but

22  has failed to make a correction in a timely manner:

23         1.  A correction to a technical, typographical, or

24  calculation error; or

25         2.  A change to align the matrix of services with the

26  student's individual education plan completed by the school

27  district for use in the public school prior to the student's

28  enrolling in or attending a private school.

29  

30  

31  

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 1  The department must report any change made under this

 2  paragraph to the school district and the parent of the

 3  student.

 4         (8)  OBLIGATIONS OF THE AUDITOR

 5  GENERAL.--Notwithstanding any other law to the contrary, the

 6  Auditor General must include in the operational audit of the

 7  Department of Education the John M. McKay Scholarships for

 8  Students with Disabilities Program. The Auditor General must

 9  include in the audit a review of a sample of the warrants used

10  to pay for the scholarships, as well as random site visits to

11  private schools participating in the John M. McKay

12  Scholarships for Students with Disabilities Program, in order

13  to verify student enrollment and other information reported by

14  the private schools as required by rules of the State Board of

15  Education.

16         (9)(7)  LIABILITY.--No liability shall arise on the

17  part of the state based on the award or use of a John M. McKay

18  Scholarship.

19         (10)(8)  RULES.--The State Board of Education shall

20  adopt rules pursuant to ss. 120.536(1) and 120.54 to

21  administer this section, including rules that school districts

22  must use to expedite the development of a matrix of services

23  based on a current individual education plan from another

24  state or a foreign country for a transferring student with a

25  disability who is a dependent child of a member of the United

26  States Armed Forces. The rules must identify the appropriate

27  school district personnel who must complete the matrix of

28  services.  For purposes of these rules, a transferring student

29  with a disability is one who was previously enrolled as a

30  student with a disability in an out-of-state or an

31  out-of-country public or private school or agency program and

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 1  who is transferring from out of state or from a foreign

 2  country pursuant to a parent's permanent change of station

 3  orders. The rules must include provisions for:

 4         (a)  Administering the annual sworn and notarized

 5  compliance statement to all participating private schools;

 6         (b)  Establishing procedures for schools to request

 7  closed-enrollment and active status;

 8         (c)  Establishing forms for changes to a matrix by a

 9  school district and the department;

10         (d)  Implementing the requirement that a private school

11  timely notify the Department of Education of material changes

12  to the school's registration information;

13         (e)  Establishing attendance-verification procedures

14  and forms; and

15         (f)  Establishing procedures for determining student

16  eligibility and approving scholarships.

17  

18  The rules related to the annual sworn and notarized compliance

19  statement shall establish a deadline for the receipt of the

20  initial sworn and notarized compliance statement from the

21  private school and shall enumerate the items to be included in

22  the statement. The rules shall enumerate the items to be

23  included in a subsequent annual sworn and notarized compliance

24  statement that is required in January of each year from the

25  private school. However, the inclusion of eligible private

26  schools within options available to Florida public school

27  students does not expand the regulatory authority of the

28  state, its officers, or any school district to impose any

29  additional regulation of private schools beyond those

30  reasonably necessary to enforce requirements expressly set

31  forth in this section.

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 1         Section 2.  The State Board of Education shall initiate

 2  the adoption of rules required by this act 10 days after the

 3  effective date of this act. The State Board of Education shall

 4  report to the presiding officers of the Legislature by

 5  December 1, 2005, on the status of the rulemaking required by

 6  this act.

 7         Section 3.  (1)  A private school that meets the

 8  following requirements on June 1, 2005, is not required to

 9  file the surety bond as required in section 1002.39(4)(a)1.,

10  Florida Statutes:

11         (a)  The private school is participating in the Mckay

12  Scholarship Program under section 1002.39, Florida Statutes;

13  and

14         (b)  The private school is determined by the Department

15  of Education to be in compliance with section 1002.39, Florida

16  Statutes.

17         (2)  Notwithstanding section 1002.39(4)(b)4., Florida

18  Statutes, a private school that meets the requirements in

19  paragraphs (1)(a) and (b) may accept a McKay Scholarship

20  student.

21         (3)  Notwithstanding subsections (1) and (2), if the

22  private school becomes, after June 1, 2005, subject to an

23  action taken by the Department of Education for any violation

24  of section 1002.39, Florida Statutes, the private school:

25         (a)  Shall file a surety bond with the Department of

26  Education following the date on which the action was taken

27  against the private school for a violation of section 1002.39,

28  Florida Statutes, but prior to receiving the next quarterly

29  payment;

30         (b)  Shall file a surety bond with the Department of

31  Education for 2 additional consecutive years thereafter; and

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 1         (c)  May not accept new McKay Scholarship students

 2  until the private school complies with all the requirements in

 3  section 1002.39, Florida Statutes, and all applicable rules of

 4  the State Board of Education, as determined by the Department

 5  of Education.

 6         Section 4.  Section 220.187, Florida Statutes, is

 7  amended to read:

 8         220.187  Credits for contributions to nonprofit

 9  scholarship-funding organizations.--

10         (1)  This section may be cited as the "Corporate

11  Scholarship Program."

12         (2)(1)  PURPOSE.--The purpose of this section is to:

13         (a)  Encourage private, voluntary contributions to

14  nonprofit scholarship-funding organizations.

15         (b)  Expand educational opportunities for children of

16  families that have limited financial resources.

17         (c)  Enable children in this state to achieve a greater

18  level of excellence in their education.

19         (3)(2)  DEFINITIONS.--As used in this section, the

20  term:

21         (a)  "Department" means the Department of Revenue.

22         (a)(b)  "Eligible contribution" means a monetary

23  contribution from a taxpayer, subject to the restrictions

24  provided in this section, to an eligible nonprofit

25  scholarship-funding organization. The taxpayer making the

26  contribution may not designate a specific child as the

27  beneficiary of the contribution. The taxpayer may not

28  contribute more than $5 million to any single eligible

29  nonprofit scholarship-funding organization.

30         (b)(c)  "Eligible private nonpublic school" means a

31  private nonpublic school, as defined in s. 1002.01(2), located

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 1  in Florida which that offers an education to students in any

 2  grades K-12 and that meets the requirements in subsection (7)

 3  (6). An eligible private school:

 4         1.  Must maintain a physical location in this state

 5  where each scholarship student regularly attends classes.

 6         2.  May not be a correspondence school or distance

 7  learning school.

 8         3.  May not direct or provide scholarship funds to a

 9  parent of a scholarship student who receives instruction under

10  the program at home.

11         4.  May not be a home education program as defined in

12  s. 1002.01(1).

13         5.  May not be a private tutoring program as described

14  in s. 1002.43.

15         (c)(d)  "Eligible nonprofit scholarship-funding

16  organization" means a charitable organization that is exempt

17  from federal income tax pursuant to s. 501(c)(3) of the

18  Internal Revenue Code, is incorporated under laws of this

19  state, has its principal office located in the state, and that

20  complies with the provisions of subsection (5) (4).

21         (d)  "Owner" means the owner, president, chairperson of

22  the board of directors, superintendent, principal, or person

23  with equivalent decisionmaking authority who owns, operates,

24  or administers an eligible nonprofit scholarship-funding

25  organization or eligible private school. In addition, the term

26  "owner" means an individual who has access to or processes

27  scholarship funds or eligible contributions at an eligible

28  nonprofit scholarship-funding organization or eligible private

29  school.

30  

31  

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

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

 3  School Lunch Act and who:

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

 5  during the previous state fiscal year for purposes of state

 6  per-student funding;

 7         2.  Received a scholarship from an eligible nonprofit

 8  scholarship-funding organization during the previous school

 9  year; or

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

11  

12  However, a student who was enrolled in a school operating for

13  the purpose of providing educational services to youth in a

14  commitment program of the Department of Juvenile Justice shall

15  not be counted as a full-time equivalent student for the

16  previous state fiscal year for purposes of state per-student

17  funding under this program. A student is not eligible to

18  receive a scholarship under this section if the student is

19  participating in the Opportunity Scholarship Program under s.

20  1002.38, the John M. McKay Scholarships for Students with

21  Disabilities Program under s. 1002.39, or a home education

22  program as defined in s. 1002.01(1) or is enrolled in a school

23  operating for the purpose of providing educational services to

24  youth in commitment programs of the Department of Juvenile

25  Justice. A student is not eligible to receive a scholarship

26  from more than one eligible nonprofit scholarship-funding

27  organization at the same time.

28         (4)(3)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX

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

30         (a)  There is allowed a credit of 100 percent of an

31  eligible contribution against any tax due for a taxable year

                                  35

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 1  under this chapter. However, such a credit may not exceed 75

 2  percent of the tax due under this chapter for the taxable

 3  year, after the application of any other allowable credits by

 4  the taxpayer. However, at least 5 percent of the total

 5  statewide amount authorized for the tax credit shall be

 6  reserved for taxpayers who meet the definition of a small

 7  business provided in s. 288.703(1) at the time of application.

 8  The credit granted by this section shall be reduced by the

 9  difference between the amount of federal corporate income tax

10  taking into account the credit granted by this section and the

11  amount of federal corporate income tax without application of

12  the credit granted by this section.

13         (b)  The total amount of tax credits and carryforward

14  of tax credits which may be granted each state fiscal year

15  under this section is $88 million. Effective for tax years

16  beginning January 1, 2005, 1 percent of the total statewide

17  amount authorized for the tax credit must be reserved for

18  taxpayers that are small businesses as defined in s.

19  288.703(1) at the time of application.

20         (c)  A taxpayer who files a Florida consolidated return

21  as a member of an affiliated group pursuant to s. 220.131(1)

22  may be allowed the credit on a consolidated return basis;

23  however, the total credit taken by the affiliated group is

24  subject to the limitation established under paragraph (a).

25         (d)  Effective for the tax years beginning January 1,

26  2005, a taxpayer may rescind its application for tax credit

27  under this section, and the amount approved in the application

28  for tax credit shall become available for purposes of the cap

29  for that state fiscal year under this section to an eligible

30  taxpayer as approved by the Department of Revenue, if the

31  taxpayer receives notice from the Department of Revenue that

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 1  the rescindment application has been accepted by the

 2  Department of Revenue, the taxpayer has not previously

 3  rescinded its application for tax credit under this section

 4  more than once in the previous 3 tax years, the taxpayer

 5  rescinds prior to the end of the taxpayer's tax year, and the

 6  taxpayer has not made a contribution pursuant to its approved

 7  application for tax credit under this section. Any amount

 8  rescinded under this paragraph shall become available to an

 9  eligible taxpayer on a first-come, first-served basis based on

10  tax credit applications received after the date the

11  rescindment is accepted by the Department of Revenue.

12         (5)(4)  OBLIGATIONS OF ELIGIBLE NONPROFIT

13  SCHOLARSHIP-FUNDING ORGANIZATIONS.--

14         (a)  An eligible nonprofit scholarship-funding

15  organization shall provide scholarships, from eligible

16  contributions, to qualified students for:

17         1.  Tuition or textbook expenses for, or transportation

18  to, an eligible private nonpublic school. At least 75 percent

19  of each the scholarship funding must be used to pay tuition

20  expenses; or

21         2.  Transportation expenses to a Florida public school

22  that is located outside the district in which the student

23  resides.

24         (b)  An eligible nonprofit scholarship-funding

25  organization shall give priority to qualified students who

26  received a scholarship from an eligible nonprofit

27  scholarship-funding organization during the previous school

28  year.

29         (c)  The amount of a scholarship provided to any child

30  for any single school year by one or more all eligible

31  nonprofit scholarship-funding organizations from eligible

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 1  contributions may shall not exceed the following annual

 2  limits:

 3         1.  Three thousand five hundred dollars for a

 4  scholarship awarded to a student enrolled in an eligible

 5  private nonpublic school.

 6         2.  Five hundred dollars for a scholarship awarded to a

 7  student enrolled in a Florida public school that is located

 8  outside the district in which the student resides.

 9         (d)  The amount of an eligible contribution which may

10  be accepted by an eligible nonprofit scholarship-funding

11  organization is limited to the amount needed to provide

12  scholarships for qualified students whom which the

13  organization has identified and for whom which vacancies in

14  eligible private nonpublic schools have been identified.

15         (e)  An eligible nonprofit scholarship-funding

16  organization that receives an eligible contribution must spend

17  100 percent of the eligible contribution to provide

18  scholarships in the same state fiscal year in which the

19  contribution was received. No portion of eligible

20  contributions may be used for administrative expenses. All

21  interest accrued from contributions must be used for

22  scholarships.

23         (f)  An eligible nonprofit scholarship-funding

24  organization that receives eligible contributions must, within

25  180 days after the end of the organization's fiscal year,

26  provide to the Auditor General and the Department of Education

27  an annual financial and compliance audit of its accounts and

28  records conducted by an independent certified public

29  accountant and in accordance with rules adopted by the Auditor

30  General. The Auditor General shall review all audit reports

31  submitted pursuant to this section. The Auditor General shall

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 1  request any significant items that were omitted in violation

 2  of a rule adopted by the Auditor General. The items must be

 3  provided within 45 days after the date of the request. If the

 4  eligible nonprofit scholarship-funding organization does not

 5  comply with the Auditor General's request, the Auditor General

 6  shall notify the Legislative Auditing Committee. The

 7  Legislative Auditing Committee may schedule a hearing. If a

 8  hearing is scheduled, the committee shall determine if the

 9  eligible nonprofit scholarship-funding organization should be

10  subject to further state action. If the committee determines

11  that the eligible nonprofit scholarship-funding organization

12  should be subject to further state action, the committee shall

13  notify the Department of Education, which shall terminate the

14  eligibility of the eligible nonprofit scholarship-funding

15  organization to participate in the program under this section.

16         (g)  An eligible nonprofit scholarship-funding

17  organization shall make payment of the scholarship, at a

18  minimum, on a quarterly basis. Payment of the scholarship by

19  the eligible nonprofit scholarship-funding organization shall

20  be by individual warrant or check made payable to the

21  student's parent. If the parent chooses for his or her child

22  to attend an eligible private nonpublic school, the warrant or

23  check must be mailed by the eligible nonprofit

24  scholarship-funding organization to the private nonpublic

25  school of the parent's choice, and the parent shall

26  restrictively endorse the warrant or check to the private

27  nonpublic school. An eligible nonprofit scholarship-funding

28  organization shall ensure that, upon receipt of a scholarship

29  warrant or check, the parent to whom the warrant or check is

30  made restrictively endorses the warrant or check to the

31  

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 1  private nonpublic school of the parent's choice for deposit

 2  into the account of the private nonpublic school.

 3         (h)  An eligible nonprofit scholarship-funding

 4  organization may not commingle scholarship funds with any

 5  other funds and must maintain a separate account for

 6  scholarship funds.

 7         (i)  An eligible nonprofit scholarship-funding

 8  organization shall obtain verification from a private school

 9  of each student's continued attendance at the private school

10  prior to each scholarship payment.

11         (j)  An eligible nonprofit scholarship-funding

12  organization must verify the income of all scholarship

13  applicants participating in the program at least once each

14  school year through independent income documentation as

15  provided in rules of the State Board of Education.

16         (k)  An eligible nonprofit scholarship-funding

17  organization must prepare and submit quarterly reports to the

18  Department of Education pursuant to subsection (8). In

19  addition, an eligible nonprofit scholarship-funding

20  organization must timely submit to the Department of Education

21  any information requested by the Department of Education

22  relating to the scholarship program.

23         (l)  All owners of an eligible nonprofit

24  scholarship-funding organization shall, upon employment or

25  engagement to provide services, undergo background screening

26  pursuant to s. 435.04 by filing with the Department of

27  Education a complete set of fingerprints taken by an

28  authorized law enforcement agency or an employee of the

29  eligible nonprofit scholarship-funding organization who is

30  trained to take fingerprints. These fingerprints shall be

31  submitted to the Department of Law Enforcement for state

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 1  processing, which shall in turn submit the fingerprints to the

 2  Federal Bureau of Investigation for federal processing. The

 3  Department of Education shall screen the background results

 4  and report to the eligible nonprofit scholarship-funding

 5  organization any owner who fails to meet level 2 screening

 6  standards pursuant to s. 435.04 or any owner who has been

 7  convicted of a crime involving moral turpitude. Owners found

 8  through fingerprint processing to have been convicted of a

 9  crime involving moral turpitude or failing to meet level 2

10  screening standards pursuant to s. 435.04 may not be employed

11  or engaged to provide services in any position with the

12  eligible nonprofit scholarship-funding organization. The cost

13  of the background screening may be borne by the eligible

14  nonprofit scholarship-funding organization or the owner.

15         1.  Every 5 years following employment or engagement to

16  provide services with an eligible nonprofit

17  scholarship-funding organization, each owner must meet level 2

18  screening requirements as described in s. 435.04, at which

19  time the Department of Education shall request the Department

20  of Law Enforcement to forward the fingerprints to the Federal

21  Bureau of Investigation for level 2 screening. If the

22  fingerprints of an owner are not retained by the Department of

23  Law Enforcement under subparagraph 2., the owner must file a

24  complete set of fingerprints with the Department of Education.

25  Upon submission of fingerprints for this purpose, the

26  Department of Education shall request the Department of Law

27  Enforcement to forward the fingerprints to the Federal Bureau

28  of Investigation for level 2 screening, and the fingerprints

29  shall be retained by the Department of Law Enforcement under

30  subparagraph 2. The cost of the state and federal criminal

31  history check required by level 2 screening may be borne by

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 1  the eligible nonprofit scholarship-funding organization or the

 2  owner. Under penalty of perjury, each owner must agree to

 3  inform the eligible nonprofit scholarship-funding organization

 4  immediately if convicted of any disqualifying offense while he

 5  or she is employed or engaged to provide services with the

 6  eligible nonprofit scholarship-funding organization.

 7         2.  All fingerprints submitted to the Department of Law

 8  Enforcement as required by this paragraph shall be retained by

 9  the Department of Law Enforcement in a manner provided by rule

10  and entered in the statewide automated fingerprint

11  identification system authorized by s. 943.05(2)(b). Such

12  fingerprints shall thereafter be available for all purposes

13  and uses authorized for arrest fingerprint cards entered in

14  the statewide automated fingerprint identification system

15  pursuant to s. 943.051.

16         3.  The Department of Law Enforcement shall search all

17  arrest fingerprint cards received under s. 943.051 against the

18  fingerprints retained in the statewide automated fingerprint

19  identification system under subparagraph 2. Any arrest record

20  that is identified with an owner's fingerprints shall be

21  reported to the Department of Education. Each eligible

22  nonprofit scholarship-funding organization shall participate

23  in this search process by paying an annual fee to the

24  Department of Law Enforcement and by informing the Department

25  of Law Enforcement of any change in the employment or

26  engagement status or place of employment or engagement of its

27  owners whose fingerprints are retained under subparagraph 2.

28  The Department of Law Enforcement shall adopt a rule setting

29  the amount of the annual fee to be imposed upon each eligible

30  nonprofit scholarship-funding organization for performing

31  these searches and establishing the procedures for the

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 1  retention of owner fingerprints and the dissemination of

 2  search results. The fee may be borne by the eligible nonprofit

 3  scholarship-funding organization or by the owner.

 4         4.  If it is found that an owner of an eligible

 5  nonprofit scholarship-funding organization does not meet level

 6  2 requirements, the eligible nonprofit scholarship-funding

 7  organization shall be immediately suspended from participating

 8  in the program and shall remain suspended until final

 9  resolution of any appeals. An eligible nonprofit

10  scholarship-funding organization the owner of which fails to

11  meet level 2 screening standards or has been convicted of a

12  crime involving moral turpitude may not participate in this

13  program.

14         (m)  If the owner of an eligible nonprofit

15  scholarship-funding organization has in the immediately

16  preceding 7 years filed for personal bankruptcy or owned 20

17  percent or more of a corporation that filed for corporate

18  bankruptcy in the immediately preceding 7 years, the eligible

19  nonprofit scholarship-funding organization may not participate

20  in this program.

21         (n)  An eligible nonprofit scholarship-funding

22  organization must comply with the antidiscrimination

23  provisions of 42 U.S.C. s. 2000d.

24         (o)  An eligible nonprofit scholarship-funding

25  organization or an owner of an eligible nonprofit

26  scholarship-funding organization may not own, operate, or

27  administer an eligible private school participating in the

28  program.

29         (p)  An eligible nonprofit scholarship-funding

30  organization must report to the Department of Education any

31  eligible private school participating in the scholarship

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 1  program under this section which does not comply with the

 2  requirements of this program. The eligible nonprofit

 3  scholarship-funding organization may not provide additional

 4  scholarship funds for a qualified student to attend an

 5  eligible private school until the State Board of Education

 6  determines that the school is in compliance with this section.

 7         (q)  An eligible nonprofit scholarship-funding

 8  organization must allow a qualified student to attend any

 9  eligible private school and must allow the parent to transfer

10  the scholarship during the school year to another eligible

11  private school of the parent's choice.

12         (r)  An eligible nonprofit scholarship-funding

13  organization must provide a scholarship to a qualified student

14  on a first-come, first-served basis unless the student

15  qualifies for priority pursuant to paragraph (5)(b). An

16  eligible nonprofit scholarship-funding organization may not

17  target scholarships to a particular private school or provide

18  scholarships to a child of an owner.

19         (s)  An eligible nonprofit scholarship-funding

20  organization may not transfer scholarship funds to another

21  eligible nonprofit scholarship-funding organization.

22         (t)  An eligible nonprofit scholarship-funding

23  organization may not secure a promissory note, a line of

24  credit, or other financing to fund a scholarship in

25  anticipation of an eligible contribution. An eligible

26  scholarship-funding organization may only fund scholarships

27  through eligible contributions received under the scholarship

28  program.

29         (u)  An eligible nonprofit scholarship-funding

30  organization that fails to comply with this section may not

31  participate in the scholarship program.

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 1         (6)(5)  PARENT OBLIGATIONS.--

 2         (a)  As a condition for scholarship payment pursuant to

 3  paragraph (4)(g), if the parent chooses for his or her child

 4  to attend an eligible private nonpublic school, the parent

 5  must inform the child's school district within 15 days after

 6  the such decision has been made.

 7         (b)  Any student participating in the scholarship

 8  program must remain in attendance throughout the school year,

 9  unless excused by the school for illness or other good cause,

10  and must comply fully with the school's code of conduct.

11         (c)  The parent of each student participating in the

12  scholarship program must comply fully with the eligible

13  private school's parental-involvement requirements unless

14  excused by the school for good cause.

15         (d)  Upon receipt of scholarship funds from an eligible

16  nonprofit scholarship-funding organization, the parent to whom

17  the warrant is made must restrictively endorse the warrant to

18  the eligible private school for deposit into the account of

19  the private school. If a parent refuses to restrictively

20  endorse a warrant to which an eligible private school is

21  lawfully entitled, that student's scholarship shall be

22  forfeited. The parent may not authorize the eligible private

23  school, its owners, or employees to act as an attorney in fact

24  for purposes of endorsing scholarship warrants.

25         (e)  The parent of each qualified student participating

26  in the scholarship program must ensure that the student

27  participates in the required testing pursuant to this section.

28         (f)  A student or parent who fails to comply with this

29  subsection forfeits the scholarship.

30         (7)(6)  ELIGIBLE PRIVATE NONPUBLIC SCHOOL

31  OBLIGATIONS.--An eligible private nonpublic school must:

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 1         (a)  Demonstrate fiscal soundness by filing with being

 2  in operation for one school year or provide the Department of

 3  Education with a surety bond for the amount equal to the

 4  scholarship amount for each quarter of the school year. The

 5  purpose of the surety bond is to secure expenditures of

 6  scholarship funds if the Department of Education determines

 7  that the funds have been used for unlawful purposes. The

 8  surety bond must be filed at the time of the eligible private

 9  school's initial registration to participate in the program

10  under this section with the Department of Education and at

11  each annual registration period thereafter for a total of 3

12  consecutive years. This requirement does not apply to an

13  eligible private school that:

14         1.  Has participated in the program for 3 consecutive

15  years or longer; and

16         2.  Has had no action taken by the Department of

17  Education against the eligible private school for any

18  violation of this section for 3 consecutive years or longer.

19  

20  However, any eligible private school that was subject to an

21  action taken by the Department of Education for any violation

22  of this section shall, following the date on which action was

23  taken against the eligible private school for a violation of

24  this section, but prior to receiving the next quarterly

25  payment, and for 2 additional consecutive years thereafter,

26  file a surety bond with the Department of Education. statement

27  by a certified public accountant confirming that the nonpublic

28  school desiring to participate is insured and the owner or

29  owners have sufficient capital or credit to operate the school

30  for the upcoming year serving the number of students

31  anticipated with expected revenues from tuition and other

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 1  sources that may be reasonably expected. In lieu of such a

 2  statement, a surety bond or letter of credit for the amount

 3  equal to the scholarship funds for any quarter may be filed

 4  with the department.

 5         (b)  Comply with the antidiscrimination provisions of

 6  42 U.S.C. s. 2000d.

 7         (c)  Meet state and local health and safety laws and

 8  codes.

 9         (d)  Comply with all state laws relating to general

10  regulation of private nonpublic schools.

11         (e)  Employ or contract with teachers who have regular

12  and direct contact with each student receiving a scholarship

13  under this section at the school's physical location. All

14  teachers must hold at least a baccalaureate degree or have at

15  least 3 years' teaching experience in public or private

16  schools and have special skills, knowledge, or expertise that

17  qualifies them to provide instruction in subjects taught. As

18  part of the sworn-compliance form authorized under subsection

19  (8), an eligible private school must report to the Department

20  of Education the number of teachers employed or under contract

21  with the eligible private school, along with the manner in

22  which the teacher meets the requirements of this paragraph.

23         (f)  Annually register with the Department of

24  Education. Each eligible private school must annually provide

25  the following information to the Department of Education:

26         1.  The legal business and trade names, mailing

27  address, and business location of the eligible private school;

28         2.  The legal name, mailing address, and telephone

29  numbers of an owner of the eligible private school;

30         3.  A list of students at the eligible private school

31  receiving a scholarship under this section; and

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 1         4.  A notification of the eligible private school's

 2  intent to participate in the program under this section.

 3         (g)  Ensure that all personnel who are hired or

 4  contracted to provide services to fill positions requiring

 5  direct contact with students in the eligible private school,

 6  and all owners of an eligible private school shall, upon

 7  employment or engagement to provide services, undergo

 8  background screening pursuant to s. 435.04 by filing with the

 9  Department of Education a complete set of fingerprints taken

10  by an authorized law enforcement agency or an employee of the

11  eligible private school who is trained to take fingerprints.

12  These fingerprints shall be submitted to the Department of Law

13  Enforcement for state processing, which shall in turn submit

14  the fingerprints to the Federal Bureau of Investigation for

15  federal processing. The Department of Education shall screen

16  the background results and report to the eligible private

17  school any person described in this paragraph who fails to

18  meet level 2 screening standards pursuant to s. 435.04 or any

19  person described in this paragraph who has been convicted of a

20  crime involving moral turpitude. Any person described in this

21  paragraph who is found through fingerprint processing to have

22  been convicted of a crime involving moral turpitude or fails

23  to meet level 2 screening standards pursuant to s. 435.04 may

24  not be employed or engaged to provide services in any position

25  in the eligible private school requiring direct contact with

26  students and may not assume an ownership position. The cost of

27  the background screening may be borne by the eligible private

28  school, the employee, the person engaged to provide services,

29  or the owner.

30         1.  Every 5 years each person described in this

31  paragraph must meet level 2 screening requirements as

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 1  described in s. 435.04, at which time the Department of

 2  Education shall request the Department of Law Enforcement to

 3  forward the fingerprints to the Federal Bureau of

 4  Investigation for level 2 screening. If the fingerprints of a

 5  person described in this paragraph are not retained by the

 6  Department of Law Enforcement under subparagraph 2., the

 7  person must file a complete set of fingerprints with the

 8  Department of Education. Upon submission of fingerprints for

 9  this purpose, the Department of Education shall request the

10  Department of Law Enforcement to forward the fingerprints to

11  the Federal Bureau of Investigation for level 2 screening, and

12  the fingerprints shall be retained by the Department of Law

13  Enforcement under subparagraph 2. The cost of the state and

14  federal criminal history check required by level 2 screening

15  may be borne by the eligible private school, the employee, the

16  person engaged to provide services, or the owner. Under

17  penalty of perjury, each person described in this paragraph

18  must agree to inform the eligible private school immediately

19  if convicted of any disqualifying offense while in a capacity

20  with the eligible private school as described in this

21  paragraph.

22         2.  All fingerprints submitted to the Department of Law

23  Enforcement as required by this paragraph shall be retained by

24  the Department of Law Enforcement in a manner provided by rule

25  and entered in the statewide automated fingerprint

26  identification system authorized by s. 943.05(2)(b). Such

27  fingerprints shall thereafter be available for all purposes

28  and uses authorized for arrest fingerprint cards entered in

29  the statewide automated fingerprint identification system

30  pursuant to s. 943.051.

31  

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 1         3.  The Department of Law Enforcement shall search all

 2  arrest fingerprint cards received under s. 943.051 against the

 3  fingerprints retained in the statewide automated fingerprint

 4  identification system under subparagraph 2. Any arrest record

 5  that is identified with the fingerprints of a person described

 6  in this paragraph shall be reported to the Department of

 7  Education. Each eligible private school shall participate in

 8  this search process by paying an annual fee to the Department

 9  of Law Enforcement and by informing the Department of Law

10  Enforcement of any change in the status or place of employment

11  or engagement of services of its personnel as described in

12  this paragraph whose fingerprints are retained under

13  subparagraph 2. The Department of Law Enforcement shall adopt

14  a rule setting the amount of the annual fee to be imposed upon

15  each eligible private school for performing these searches and

16  establishing the procedures for the retention of eligible

17  private school personnel fingerprints and the dissemination of

18  search results. The fee may be borne by the eligible private

19  school, the employee, the person engaged to provide services,

20  or the owner.

21         4.  If it is found that a person described in this

22  paragraph does not meet the level 2 requirements, the eligible

23  private school shall be immediately suspended from

24  participating in the program and shall remain suspended until

25  final resolution of any appeals. An eligible private school

26  that employs or engages to provide services with a person

27  described in this paragraph who fails to meet level 2

28  screening standards or has been convicted of a crime involving

29  moral turpitude may not participate in this program.

30         (h)  Annually administer or make provisions for

31  scholarship students to take one of the nationally

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 1  norm-referenced tests identified by the State Board of

 2  Education under subsection (8). An eligible private school

 3  must report a student's scores to the parent and to the

 4  Department of Education.

 5         (i)  Annually comply with the Department of Education's

 6  affidavit requirements as provided in subsection (9).

 7         (j)  Timely notify in writing the Department of

 8  Education and the eligible nonprofit scholarship-funding

 9  organization if a qualified student is ineligible to

10  participate in the scholarship program.

11         (k)  Report annually to the Department of Education and

12  the scholarship applicants of the eligible private school if

13  the eligible private school has been in existence for 3 years

14  or less.

15         (l)  Report annually to the Department of Education and

16  the scholarship applicants of the eligible private school:

17         1.  Whether the eligible private school is accredited

18  by an in state or regional accrediting association that is

19  validated by a third-party accreditor at the state or national

20  level which has been in existence at least 3 years;

21         2.  The name of the accrediting association that

22  accredits the eligible private school; and

23         3.  Whether the eligible private school is in the

24  process of receiving candidate status.

25  

26  The Department of Education shall make the annual list of

27  accredited and nonaccredited eligible private schools

28  available to the public and shall make that list available by

29  county.

30         (m)  Comply with this section's requirements. An

31  eligible private school that fails to comply with this section

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 1  is ineligible to participate in the scholarship program under

 2  this section.

 3         (8)  DEPARTMENT OF EDUCATION; RESPONSIBILITIES.--The

 4  Department of Education shall:

 5         (a)  Annually submit, by March 15, to the Department of

 6  Revenue a list of eligible nonprofit scholarship-funding

 7  organizations that meet the requirements of this section.

 8         (b)  Annually determine the eligibility of nonprofit

 9  scholarship-funding organizations that meet the requirements

10  of this section. The Department of Education must determine

11  the eligibility of the nonprofit scholarship-funding

12  organization within 90 days after the nonprofit

13  scholarship-funding organization's application for approval to

14  participate in the program. The Department of Education must

15  provide written notice of approval or denial to participate in

16  the program to the nonprofit scholarship-funding organization.

17  The notice must contain the specific reasons for approval or

18  denial.

19         (c)  Annually determine the eligibility of private

20  schools that meet the requirements of this section. The

21  Department of Education must maintain a list of eligible

22  private schools, and that list must be made accessible to the

23  public.

24         (d)  Annually verify the eligibility of students that

25  meet the requirements of this section. The Department of

26  Education must maintain a database of students participating

27  in the program. The Department of Education must, at least

28  quarterly, update its database to ensure that a student

29  continues to meet the requirements of this section. The

30  Department of Education must timely notify an eligible

31  

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    Florida Senate - 2005                                     SB 2
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 1  nonprofit scholarship-funding organization of any student that

 2  fails to meet the requirements of this section.

 3         (e)  Annually account for and verify the eligibility of

 4  expenditures under this section.

 5         (f)  Annually review all audit reports of eligible

 6  nonprofit scholarship-funding organizations for compliance

 7  with this section.

 8         (g)  Annually submit, administer, and retain records of

 9  affidavits from private schools certifying compliance with

10  this section.

11         (h)  Identify and select the nationally norm-referenced

12  tests that are comparable to the norm-referenced provisions of

13  the Florida Comprehensive Assessment Test. The State Board of

14  Education may not identify more than three norm-referenced

15  tests for use in meeting the requirements of this section. The

16  State Board of Education may select the Florida Comprehensive

17  Assessment Test for use in meeting the requirements of this

18  section. The Department of Education must report annually on

19  the year-to-year improvements of the qualified students and

20  must analyze and report student performance data, including

21  student scores by grade level, in a manner that protects the

22  rights of students and parents as mandated in 20 U.S.C. s.

23  1232g and must not disaggregate data to a level that will

24  disclose the identity of students.

25         (i)  The Department of Education shall conduct an

26  investigation of any written complaint of a violation of this

27  section if the complaint is signed by the complainant and is

28  legally sufficient. A complaint is legally sufficient if it

29  contains ultimate facts that show that a violation of this

30  section or any rule adopted by the State Board of Education

31  has occurred. In order to determine legal sufficiency, the

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    Florida Senate - 2005                                     SB 2
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 1  Department of Education may require supporting information or

 2  documentation. The Department of Education may investigate any

 3  complaint, including, but not limited to, anonymous

 4  complaints.

 5         (j)  Revoke the eligibility of a nonprofit

 6  scholarship-funding organization, private school, or student

 7  to participate in the program for noncompliance with this

 8  section.

 9         (k)  Annually report, by December 15, to the Governor,

10  the President of the Senate, and the Speaker of the House of

11  Representatives the Department of Education's actions with

12  respect to implementing accountability in the scholarship

13  program under this section, including, but not limited to, any

14  substantiated allegations or violations of law or rule by an

15  eligible nonprofit scholarship-funding organization or

16  eligible private school under this program and the corrective

17  action taken by the Department of Education.

18         (9)(7)  ADMINISTRATION; RULES.--

19         (a)  If the credit granted pursuant to this section is

20  not fully used in any one year because of insufficient tax

21  liability on the part of the corporation, the unused amount

22  may be carried forward for a period not to exceed 3 years;

23  however, any taxpayer that seeks to carry forward an unused

24  amount of tax credit must submit an application for allocation

25  of tax credits or carryforward credits as required in

26  paragraph (d) in the year that the taxpayer intends to use the

27  carryforward. The total amount of tax credits and carryforward

28  of tax credits granted each state fiscal year under this

29  section is $88 million. This carryforward applies to all

30  approved contributions made after January 1, 2002. A taxpayer

31  may not convey, assign, or transfer the credit authorized by

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    Florida Senate - 2005                                     SB 2
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 1  this section to another entity unless all of the assets of the

 2  taxpayer are conveyed, assigned, or transferred in the same

 3  transaction.

 4         (b)  An application for a tax credit pursuant to this

 5  section shall be submitted to the Department of Revenue on

 6  forms established by rule of the Department of Revenue.

 7         (c)  The Department of Revenue and the Department of

 8  Education shall develop a cooperative agreement to assist in

 9  the administration of this section. The Department of

10  Education shall be responsible for annually submitting, by

11  March 15, to the department a list of eligible nonprofit

12  scholarship-funding organizations that meet the requirements

13  of paragraph (2)(d) and for monitoring eligibility of

14  nonprofit scholarship-funding organizations that meet the

15  requirements of paragraph (2)(d), eligibility of nonpublic

16  schools that meet the requirements of paragraph (2)(c), and

17  eligibility of expenditures under this section as provided in

18  subsection (4).

19         (d)  The Department of Revenue shall adopt rules

20  necessary to administer this section, including rules

21  establishing application forms and procedures and governing

22  the allocation of tax credits and carryforward credits under

23  this section on a first-come, first-served basis.

24         (e)  The State Board of Education Department of

25  Education shall adopt rules under ss. 120.536(1) and 120.54 to

26  administer this section, including, but not limited to, rules:

27         1.  Determining necessary to determine eligibility of

28  nonprofit scholarship-funding organizations and private

29  schools;

30  

31  

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    Florida Senate - 2005                                     SB 2
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 1         2.  Identifying as defined in paragraph (2)(d) and

 2  according to the provisions of subsection (4) and identify

 3  qualified students; as defined in paragraph (2)(e).

 4         3.  Requiring documentation to establish eligibility

 5  for nonprofit scholarship-funding organizations;

 6         4.  Requiring an affidavit, which comports with this

 7  section's requirements for private schools that participate in

 8  the scholarship program; and

 9         5.  Requiring independent income-verification

10  documentation to establish student eligibility under this

11  section.

12         (f)  The State Board of Education may delegate its

13  authority under this section to the Commissioner of Education

14  with the exception of rulemaking authority.

15         (10)(8)  DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All

16  eligible contributions received by an eligible nonprofit

17  scholarship-funding organization shall be deposited in a

18  manner consistent with s. 17.57(2).

19         Section 5.  This act shall take effect upon becoming a

20  law.

21  

22            *****************************************

23                          SENATE SUMMARY

24    Revises eligibility requirements for recipients of the
      John M. McKay Scholarships for Students with Disabilities
25    and revises certain prerequisites for schools
      participating in the scholarship program. Revises
26    provisions relating to the Corporate Tax Credit
      Scholarship Program. (See bill for details.)
27  

28  

29  

30  

31  

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