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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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;
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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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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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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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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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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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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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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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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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,
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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
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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
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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
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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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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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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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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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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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