Senate Bill sb0002c1
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By the Committee on Education; and Senators King and Bullard
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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 revising requirements for scholarship funding
9 and payments; providing reporting requirements
10 for school districts; holding a school district
11 harmless from a specified student enrollment
12 ceiling; prohibiting the transfer of funds to
13 the Florida School for the Deaf and the Blind
14 under certain circumstances; extending the term
15 of the scholarship; prohibiting certain
16 students from receiving a scholarship; revising
17 the parental notification requirements;
18 authorizing certain scholarship students to
19 participate in a distance learning or
20 correspondence course or a private tutoring
21 program under certain circumstances; providing
22 a definition of timely parental notification;
23 providing requirements for district school
24 boards with respect to completing and making
25 changes to the matrix of services for
26 scholarship students; requiring school
27 districts to provide parental notification
28 related to reassessments; revising requirements
29 that a participating private school demonstrate
30 fiscal soundness; requiring a surety bond;
31 providing an exception; requiring annual
1
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1 registration of private schools; providing
2 requirements for documentation and notice;
3 providing additional requirements for
4 participating private schools; requiring annual
5 sworn and notarized compliance statements to be
6 filed with the department; requiring specific
7 documentation for participating scholarship
8 students; requiring that the private school
9 maintain a physical location in this state;
10 requiring that information be made available to
11 potential scholarship students and the
12 department; requiring scholarship students to
13 participate in assessments; requiring
14 notification to parents regarding student skill
15 levels; requiring notification to the
16 department regarding changes in information;
17 requiring notification to local health
18 departments; requiring certain individuals to
19 undergo level 2 background screening
20 requirements pursuant to s. 435.04, F.S.;
21 providing for the Department of Law Enforcement
22 to retain and search fingerprint records;
23 providing for an annual fee as provided by rule
24 of the Department of Law Enforcement; requiring
25 that costs of background checks to be borne by
26 certain parties; prohibiting a private school
27 from acting as an attorney in fact for the
28 parent of a scholarship student or endorsing
29 scholarship warrants on behalf of a parent;
30 prohibiting participating private schools from
31 sending or directing scholarship funds to
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1 parents of a scholarship student who receives
2 instruction at home; prohibiting a
3 participating school from being a private
4 tutoring program or a correspondence or
5 distance learning school; prohibiting a
6 participating school from accepting students
7 pending verification of information;
8 authorizing a participating private school to
9 request, and the department to grant,
10 closed-enrollment status for a school;
11 prohibiting the parent of a scholarship student
12 from designating a participating private school
13 as the parent's attorney in fact to sign a
14 scholarship warrant; clarifying that the school
15 district must report to the department the
16 students who are attending a private school
17 under the program; establishing additional
18 obligations of the Department of Education;
19 requiring the department to review, approve,
20 and verify information and review background
21 checks; requiring the department to determine
22 the eligibility of a private school to
23 participate in the program; requiring the
24 department to publish an on-line list of
25 current eligible private schools; requiring the
26 department to deny or refuse to allow the
27 participation of a private school for failing
28 to meet certain requirements; requiring the
29 department to issue a notice of noncompliance
30 for minor violations; providing for an
31 emergency order revoking the registration of a
3
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1 private school for failing to satisfy the
2 requirements in the notice; requiring the
3 Department of Education to immediately revoke
4 the registration of a private school for
5 certain other violations; requiring the
6 department to revoke the scholarship for a
7 participant for failing to comply with
8 statutory requirements or for engaging in
9 specified practices; requiring the department
10 to conduct investigations of legally sufficient
11 complaints of violations; authorizing the
12 department to require supporting information or
13 documentation; authorizing the Department of
14 Education to change the matrix of services
15 under certain circumstances; providing for
16 audits by the Auditor General; providing
17 requirements for the audits; requiring the
18 State Board of Education to adopt rules;
19 specifying the required rules; requiring the
20 State Board of Education to initiate the
21 adoption of rules by a time certain and report
22 to the Legislature; providing exceptions for
23 certain participating private schools subject
24 to specific conditions; amending s. 220.187,
25 F.S., relating to the Corporate Tax Credit
26 Scholarship Program; providing a short title;
27 providing definitions; prohibiting certain
28 private schools and other entities from
29 participating in the scholarship program;
30 authorizing students whose family income level
31 meets certain federal poverty level criteria to
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1 continue to participate in the scholarship
2 program; prohibiting certain students from
3 participating in the scholarship program;
4 revising limitations on the allocation of
5 annual credits granted under the program;
6 providing limitations on eligible
7 contributions; requiring the Auditor General to
8 review certain audits, request certain
9 information, and report to the Legislative
10 Auditing Committee any findings of
11 noncompliance; authorizing the Legislative
12 Auditing Committee to conduct hearings and
13 compel the Department of Education to revoke
14 eligibility of certain nonprofit
15 scholarship-funding organizations; providing
16 for audit reports to be submitted to the
17 Department of Education; requiring audits be
18 conducted within 180 days after completion of
19 the nonprofit scholarship-funding
20 organization's fiscal year; requiring a
21 nonprofit scholarship-funding organization to
22 make scholarship payments at least on a
23 quarterly basis; prohibiting commingling of
24 certain scholarship funds; requiring a
25 nonprofit scholarship-funding organization to
26 maintain a separate account for scholarship
27 funds; requiring a nonprofit
28 scholarship-funding organization to verify
29 student attendance at a private school prior to
30 submission of scholarship funds; requiring a
31 nonprofit scholarship-funding organization to
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1 verify income eligibility of qualified students
2 at least once a year in accordance with State
3 Board of Education rules; requiring a nonprofit
4 scholarship-funding organization to submit
5 certain reports to the Department of Education;
6 requiring certain individuals to undergo level
7 2 background screening requirements pursuant to
8 s. 435.04, F.S.; providing for the Department
9 of Law Enforcement to retain and search
10 fingerprint records; providing for an annual
11 fee as provided by rule of the Department of
12 Law Enforcement; requiring costs of background
13 checks be borne by certain parties; prohibiting
14 certain eligible nonprofit scholarship-funding
15 organizations the owners of which have filed
16 for bankruptcy from participating in the
17 program; requiring a nonprofit
18 scholarship-funding organization comply with
19 antidiscrimination provisions of 42 U.S.C. s.
20 2000d; prohibiting an owner or a nonprofit
21 scholarship-funding organization from owning,
22 operating, or administering an eligible private
23 school under the scholarship program; requiring
24 a nonprofit scholarship-funding organization to
25 report any private school not in compliance
26 with scholarship program requirements to the
27 Department of Education; prohibiting provision
28 of scholarship funds to a student to attend a
29 private school not in compliance; authorizing a
30 parent to transfer the scholarship; requiring
31 award of scholarships on a first-come,
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1 first-served basis; prohibiting a nonprofit
2 scholarship-funding organization from targeting
3 certain students for scholarships; prohibiting
4 the award of scholarships to a child of an
5 owner of a nonprofit scholarship-funding
6 organization; prohibiting the transfer of an
7 eligible contribution between nonprofit
8 scholarship-funding organizations; prohibiting
9 a nonprofit scholarship-funding organization
10 from securing financing in anticipation of
11 eligible contributions; prohibiting a nonprofit
12 scholarship-funding organization from
13 participating in the program if the
14 organization fails to meet statutory
15 obligations; requiring students to meet certain
16 attendance policies; requiring parents to meet
17 certain parental involvement requirements
18 unless excused; prohibiting a parent from
19 authorizing a power of attorney for endorsement
20 of scholarship warrant; requiring a parent to
21 ensure that a scholarship student participates
22 in testing requirements; prohibiting a student
23 or parent of a student from participating in
24 the scholarship program if the student or
25 parent fails to meet statutory obligations;
26 revising provisions with respect to private
27 schools; revising requirements that a
28 participating private school demonstrate fiscal
29 soundness; requiring a surety bond; providing
30 an exception; requiring a private school to
31 employ or contract with teachers who have
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1 regular and direct contact with students at the
2 school's physical location; requiring the
3 private schools to employ or contract with
4 teachers who have at least a baccalaureate
5 degree or 3 years of teaching experience at a
6 public or private school, and other skills that
7 qualify the teacher to provide appropriate
8 instruction; requiring a private school to
9 report to the Department of Education the
10 qualifications of teachers; requiring a private
11 school to annually register with the Department
12 of Education and provide certain information
13 concerning the private school organization,
14 student list, and notice of intent to
15 participate in the scholarship program;
16 requiring certain individuals to undergo level
17 2 background screening requirements pursuant to
18 s. 435.04, F.S.; providing for the Department
19 of Law Enforcement to retain and search
20 fingerprint records; providing for an annual
21 fee as provided by rule of the Department of
22 Law Enforcement; requiring costs of background
23 checks be borne by certain parties; requiring a
24 private school to administer or to make
25 provision for administering certain tests to
26 scholarship students; requiring reporting of
27 scores to the student's parent and to the
28 Department of Education; requiring a private
29 school to file an affidavit; requiring a
30 private school to notify the Department of
31 Education in writing within 7 days if a student
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1 is ineligible to participate in the scholarship
2 program; requiring a private school to report
3 to the Department of Education and distribute
4 to scholarship applicants information
5 concerning accreditation and years in
6 existence; requiring the Department of
7 Education to make certain information
8 concerning private school accreditation
9 available to the public; prohibiting a private
10 school from participating in the scholarship
11 program if the private school fails to meet its
12 statutory obligations; requiring the Department
13 of Education to determine the eligibility of
14 certain nonprofit scholarship-funding
15 organizations within 90 days after application;
16 requiring a written notice with specific
17 reasons for approval or denial; requiring the
18 Department of Education to annually determine
19 the eligibility of nonprofit
20 scholarship-funding organizations and private
21 schools; requiring the Department of Education
22 to make accessible to the public a list of
23 eligible private schools; requiring the
24 Department of Education to annually verify the
25 eligibility of students; requiring the
26 Department of Education to maintain a student
27 database of program participants and to update
28 the database at least quarterly; requiring the
29 Department of Education to notify a nonprofit
30 scholarship-funding organization of any
31 ineligible student; requiring the Department of
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1 Education to annually account for and verify
2 the eligibility of program expenditures;
3 requiring the Department of Education to review
4 audits; requiring the Department of Education
5 to report student performance data; providing
6 limitations on reporting; requiring the
7 Department of Education to revoke the
8 eligibility of program participants for failure
9 to comply with statutory obligations; requiring
10 the Department of Education to conduct
11 investigations of certain complaints; requiring
12 the Department of Education to annually report
13 on accountability activities; requiring the
14 State Board of Education to adopt rules
15 regarding documentation to establish
16 eligibility of nonprofit scholarship-funding
17 organizations, requiring an affidavit, and
18 requiring independent income verification for
19 determining the eligibility of students;
20 authorizing the State Board of Education to
21 delegate its authority to the Commissioner of
22 Education with the exception of rulemaking
23 authority; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsections (1), (2), (3), (4), and (5) and
28 paragraphs (a), (d), and (e) of subsection (6) of section
29 1002.39, Florida Statutes, are amended, present subsections
30 (7) and (8) of that section are redesignated as subsections
31
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1 (9) and (10), respectively, and amended, and new subsections
2 (7) and (8) are added to that section, to read:
3 1002.39 The John M. McKay Scholarships for Students
4 with Disabilities Program.--There is established a program
5 that is separate and distinct from the Opportunity Scholarship
6 Program and is named the John M. McKay Scholarships for
7 Students with Disabilities Program, pursuant to this section.
8 (1) THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
9 DISABILITIES PROGRAM.--The John M. McKay Scholarships for
10 Students with Disabilities Program is established to provide
11 the option to attend a public school other than the one to
12 which assigned, or to provide a scholarship to a private
13 school of choice, for students with disabilities for whom an
14 individual education plan has been written in accordance with
15 rules of the State Board of Education. Students with
16 disabilities include K-12 students who are documented as
17 having mental retardation; a speech or language impairment; a
18 hearing impairment, including deafness; a visual impairment,
19 including blindness; a dual sensory impairment; a physical
20 impairment; a serious emotional disturbance, including an
21 emotional handicap; a specific learning disability, including,
22 but not limited to, dyslexia, dyscalculia, or developmental
23 aphasia; a traumatic brain injury; or autism mentally
24 handicapped, speech and language impaired, deaf or hard of
25 hearing, visually impaired, dual sensory impaired, physically
26 impaired, emotionally handicapped, specific learning disabled,
27 hospitalized or homebound, or autistic.
28 (2) SCHOLARSHIP ELIGIBILITY; PROHIBITIONS.--
29 (a) The parent of a public school student with a
30 disability who is dissatisfied with the student's progress may
31 request and receive from the state a John M. McKay Scholarship
11
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1 for the child to enroll in and attend a private school in
2 accordance with this section if:
3 1.(a) By assigned school attendance area or by special
4 assignment, the student has spent the prior school year in
5 attendance at a Florida public school or the Florida School
6 for the Deaf and the Blind. Prior school year in attendance
7 means that the student was:
8 a. Enrolled and reported by a school district for
9 funding during the preceding October and February Florida
10 Education Finance Program surveys in kindergarten through
11 grade 12; or.
12 b. Enrolled and reported by the Florida School for the
13 Deaf and the Blind during the preceding October and February
14 student membership surveys in kindergarten through grade 12.
15 Prior school year in attendance does not include the period of
16 time that the student was enrolled in a school operating for
17 the purposes of providing educational services to youth in a
18 commitment program of the Department of Juvenile Justice.
19 However, this subparagraph paragraph does not apply to a
20 dependent child of a member of the United States Armed Forces
21 who transfers to a school in this state from out of state or
22 from a foreign country pursuant to a parent's permanent change
23 of station orders. A dependent child of a member of the United
24 States Armed Forces who transfers to a school in this state
25 from out of state or from a foreign country pursuant to a
26 parent's permanent change of station orders must meet all
27 other eligibility requirements to participate in the program.
28 2.(b) The parent has obtained acceptance for admission
29 of the student to a private school that is eligible for the
30 program under subsection (4) and has notified the Department
31 of Education school district of the request for a scholarship
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1 at least 60 days prior to the date of the first scholarship
2 payment. The parental notification must be through a
3 communication directly to the district or through the
4 Department of Education to the district in a manner that
5 creates a written or electronic record of the notification and
6 the date of receipt of the notification. The Department of
7 Education must notify the district of the parent's intent,
8 upon receipt of the parent's notification.
9
10 This section does not apply to a student who is enrolled in a
11 school operating for the purpose of providing educational
12 services to youth in Department of Juvenile Justice commitment
13 programs. For purposes of continuity of educational choice,
14 the scholarship shall remain in force until the student
15 returns to a public school or graduates from high school or
16 reaches the age of 22, whichever occurs first. However, at any
17 time, the student's parent may remove the student from the
18 private school and place the student in another private school
19 that is eligible for the program under subsection (4) or in a
20 public school as provided in subsection (3).
21 (b) A student is not eligible to receive a scholarship
22 under this section if he or she:
23 1. Receives a scholarship from an eligible
24 scholarship-funding organization under s. 220.187.
25 2. Receives an opportunity scholarship under s.
26 1002.38.
27 3. Participates in a home education program as defined
28 in s. 1002.01(1).
29 4. Receives instruction from a correspondence school
30 or a private tutoring program as described in s. 1002.43, or
31 participates in distance learning courses.
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1 5. Does not have regular and direct contact with his
2 or her private school teachers at the school's physical
3 location.
4 6. Is enrolled in a school operating for the purpose
5 of providing educational services to youth in commitment
6 programs of the Department of Juvenile Justice.
7
8 Notwithstanding the prohibition set forth in subparagraph 4.,
9 a student who receives a John M. McKay Scholarship may
10 participate in a distance learning course, a private tutoring
11 program, or a course offered by a correspondence school, the
12 tuition and other costs of which are not paid by scholarship
13 funds provided under this section.
14 (3) SCHOOL DISTRICT AND DEPARTMENT OF EDUCATION
15 OBLIGATIONS.--
16 (a) The Department of Education A school district
17 shall timely notify the parent of each public school the
18 student of all options available pursuant to this section and
19 offer that student's parent an opportunity to enroll the
20 student in another public school within the district. The
21 parent is not required to accept this offer in lieu of
22 requesting a John M. McKay Scholarship to a private school.
23 However, if the parent chooses the public school option, the
24 student may continue attending a public school chosen by the
25 parent until the student graduates from high school. If the
26 parent chooses a public school consistent with the district
27 school board's choice plan under s. 1002.31, the school
28 district shall provide transportation to the public school
29 selected by the parent. The parent is responsible to provide
30 transportation to a public school chosen that is not
31 consistent with the district school board's choice plan under
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1 s. 1002.31. For purposes of this paragraph, timely
2 notification means notification no later than April 1 of each
3 school year.
4 (b)1. For a student with disabilities who does not
5 have a matrix of services under s. 1011.62(1)(e), the school
6 district must complete a matrix that assigns the student to
7 one of the levels of service as they existed prior to the
8 2000-2001 school year.
9 2.a. The school district must complete the matrix of
10 services for any student who is participating in the John M.
11 McKay Scholarships for Students with Disabilities Program and
12 must notify the Department of Education of the student's
13 matrix level within 30 days after receiving notification by
14 the Department of Education of the parent's the student's
15 parent of intent to participate in the scholarship program.
16 The nature and intensity of the services indicated in the
17 matrix must be consistent with the services described in the
18 student's individual education plan.
19 b. A school district may change a matrix of services
20 only if the change is to:
21 (I) Correct a technical, typographical, or calculation
22 error; or
23 (II) Align the matrix of services with the student's
24 individual education plan completed by the public school
25 district for use in the public school prior to the student
26 enrolling in or attending a private school.
27 3. The Department of Education shall notify the
28 private school of the amount of the scholarship within 10 days
29 after receiving the school district's notification of the
30 student's matrix level.
31
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1 4. Within 10 school days after it receives
2 notification of a parent's intent to apply for a McKay
3 Scholarship, a district school board must notify the student's
4 parent if the matrix has not been completed and provide the
5 parent with the date for completion of the matrix required in
6 this paragraph.
7 (c) If the parent chooses the private school option
8 and the student is accepted by the private school pending the
9 availability of a space for the student, the parent of the
10 student must notify the Department of Education school
11 district 60 days prior to the first scholarship payment and
12 before entering the private school in order to be eligible for
13 the scholarship when a space becomes available for the student
14 in the private school.
15 (d) The parent of a student may choose, as an
16 alternative, to enroll the student in and transport the
17 student to a public school in an adjacent school district
18 which has available space and has a program with the services
19 agreed to in the student's individual education plan already
20 in place, and that school district shall accept the student
21 and report the student to the Department of Education for
22 purposes of the district's funding pursuant to the Florida
23 Education Finance Program.
24 (e) For a student in the district who participates in
25 the John M. McKay Scholarships for Students with Disabilities
26 Program whose parent requests that the student take the
27 statewide assessments under s. 1008.22, the district shall
28 provide locations and times to take all statewide assessments.
29 (f) A school district must notify The Department of
30 Education must notify the school district upon receipt of the
31 within 10 days after it receives notification of a parent's
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1 intent to apply for a scholarship for a student with a
2 disability. A school district must provide the student's
3 parent with the student's matrix level within 10 school days
4 after its completion.
5 (g) A school district shall, at least every 3 years,
6 provide notification to parents of the availability of a
7 reassessment of each student who receives a McKay Scholarship.
8 (4) PRIVATE SCHOOL ELIGIBILITY; REGISTRATION;
9 PROHIBITIONS.--
10 (a) To be eligible to participate in the John M. McKay
11 Scholarships for Students with Disabilities Program, a private
12 school must be a Florida private school as defined in s.
13 1002.01(2), may be sectarian or nonsectarian, and must:
14 1.(a) Demonstrate fiscal soundness by filing with
15 being in operation for 1 school year or provide the Department
16 of Education with a surety bond for the amount equal to the
17 scholarship amount for each quarter of the school year. The
18 purpose of the surety bond is to secure expenditures of
19 scholarship funds if such funds are found to have been used
20 for unlawful purposes. The surety bond must be filed at the
21 time of the private school's initial registration and at each
22 renewal period thereafter for a total of 3 consecutive years.
23 This requirement does not apply to an eligible private school
24 that:
25 a. Participates in the program for a total of 3
26 consecutive years or longer; and
27 b. Has had no action taken by the Department of
28 Education against the private school for any violation of this
29 section for 3 consecutive years or longer.
30
31
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1 However, any private school that was subject to an action
2 taken by the department for any violation of this section
3 shall, following the date on which the action was taken
4 against the private school for a violation of this section,
5 but prior to receiving the next quarterly payment and for 2
6 years thereafter, file a surety bond with the department.
7 2. Annually register with the Department of Education.
8 Each owner or administrator of a private school must provide
9 the following information:
10 a. The legal business and trade name, mailing address,
11 and business location of the private school;
12 b. The full name, address, and telephone number of
13 each owner or administrator of the private school; and
14 c. A notification of the private school's intent to
15 participate in the program under this section. The notice must
16 specify the grade levels and services that the private school
17 has available for students with disabilities who are
18 participating in the scholarship program. statement by a
19 certified public accountant confirming that the private school
20 desiring to participate is insured and the owner or owners
21 have sufficient capital or credit to operate the school for
22 the upcoming year serving the number of students anticipated
23 with expected revenues from tuition and other sources that may
24 be reasonably expected. In lieu of such a statement, a surety
25 bond or letter of credit for the amount equal to the
26 scholarship funds for any quarter may be filed with the
27 department.
28 (b) Notify the Department of Education of its intent
29 to participate in the program under this section. The notice
30 must specify the grade levels and services that the private
31
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1 school has available for students with disabilities who are
2 participating in the scholarship program.
3 3.(c) Comply with the antidiscrimination provisions of
4 42 U.S.C. s. 2000d.
5 4.(d) Meet state and local health and safety laws and
6 codes.
7 5.(e) Be academically accountable to the parent for
8 meeting the educational needs of the student.
9 6.(f) Employ or contract with teachers who hold
10 baccalaureate or higher degrees, or have at least 3 years of
11 teaching experience in public or private schools, or have
12 special skills, knowledge, or expertise that qualifies them to
13 provide instruction in subjects taught.
14 7.(g) Comply with all state laws relating to general
15 regulation of private schools, including, but not limited to,
16 s. 1002.42.
17 8.(h) Publish and adhere to the tenets of its adopted
18 published disciplinary procedures prior to the expulsion of a
19 scholarship student.
20 9. Provide the Department of Education with all
21 documentation required for each scholarship student's
22 participation in the scholarship program, including, but not
23 limited to:
24 a. The private school's fee schedule, including, but
25 not limited to, fees for services, tuition, and instructional
26 materials, and each individual scholarship student's schedule
27 of fees and charges, at least 30 days before the first
28 quarterly scholarship payment is made for the student; and
29 b. The enrollment and attendance information,
30 including an on-line attendance verification form, for each
31
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1 scholarship student at the private school, prior to each
2 scholarship payment.
3
4 The on-line attendance form must be documented each quarter by
5 a notarized statement that is signed by the private school and
6 the parents of each McKay Scholarship student in attendance at
7 the private school. The private school must maintain the
8 completed notarized statements at the private school for each
9 academic year. The completed notarized statements must be open
10 to the Department of Education upon request.
11 10. Maintain in this state a physical location where a
12 scholarship student regularly attends classes.
13 11.a. Advertise or notify potential McKay Scholarship
14 students and parents of the specific types of disabilities
15 served by the school, and provide this information to the
16 Department of Education.
17 b. Review with the parent the student's individual
18 education plan.
19 12. Require each McKay Scholarship student to
20 participate at least annually in a student assessment which,
21 as determined by the private school in consultation with the
22 student's parent or guardian, will demonstrate the student's
23 skill level to the student's parents.
24 13. Notify the student's parent at least annually
25 about the student's skill level on a student assessment that
26 is determined by the private school.
27 14. Notify the Department of Education of any change
28 in the school's registered name or location prior to any such
29 change and notify the Department of Education within 15 days
30 after any other change in the registration information
31 submitted to the department.
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1 15. Notify each local health department within 15 days
2 after establishing operations at a physical location or
3 address and within 3 days after discovering any ongoing health
4 code violation that has not yet been remedied in full.
5 16. Annually complete and file with the Department of
6 Education a sworn and notarized compliance statement in a form
7 and by a deadline specified in rules adopted by the State
8 Board of Education.
9 (b) A private school participating in the John M.
10 McKay Scholarships for Students with Disabilities Program must
11 ensure that all personnel who are hired or contracted to
12 provide services to fill positions requiring direct contact
13 with students in the private school, and all owners of a
14 private school, shall, upon employment, engagement to provide
15 services, or assumption of a position of ownership, a position
16 of decisionmaking authority, or a position having access to
17 scholarship funds, undergo background screening pursuant to s.
18 435.04 by filing with the Department of Education a complete
19 set of fingerprints taken by an authorized law enforcement
20 agency or an employee of the private school who is trained to
21 take fingerprints. However, the complete set of fingerprints
22 for an owner of an eligible private school must be taken by an
23 authorized law enforcement agency. These fingerprints must be
24 submitted to the Department of Law Enforcement for state
25 processing, which shall in turn submit the fingerprints to the
26 Federal Bureau of Investigation for federal processing. The
27 Department of Education shall screen the background results
28 and report to the private school any person described in this
29 paragraph who fails to meet level 2 screening standards
30 pursuant to s. 435.04 or any person described in this
31 paragraph who has been convicted of a crime involving moral
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1 turpitude. Any person described in this paragraph who is found
2 through fingerprint processing to have been convicted of a
3 crime involving moral turpitude or fails to meet level 2
4 screening standards pursuant to s. 435.04 may not be employed
5 or engaged to provide services in any position in the private
6 school requiring direct contact with students and may not
7 assume an ownership position, a position of decisionmaking
8 authority, or a position having access to scholarship funds.
9 The cost of the background screening may be borne by the
10 private school, the employee, the person engaged to provide
11 services, or the owner.
12 1. Every 5 years each person described in this
13 paragraph must meet level 2 screening requirements as
14 described in s. 435.04, at which time the Department of
15 Education shall request the Department of Law Enforcement to
16 forward the fingerprints to the Federal Bureau of
17 Investigation for level 2 screening. If the fingerprints of a
18 person described in this paragraph are not retained by the
19 Department of Law Enforcement under subparagraph 2., the
20 person must file a complete set of fingerprints with the
21 Department of Education. Upon submission of fingerprints for
22 this purpose, the Department of Education shall request that
23 the Department of Law Enforcement forward the fingerprints to
24 the Federal Bureau of Investigation for level 2 screening, and
25 the fingerprints must be retained by the Department of Law
26 Enforcement under subparagraph 2. The cost of the state and
27 federal criminal history check required by level 2 screening
28 may be borne by the private school, the employee, the person
29 engaged to provide services, or the owner. Under penalty of
30 perjury, each person described in this paragraph must agree to
31 inform the private school immediately if convicted of any
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1 disqualifying offense while in a capacity with the private
2 school as described in this paragraph.
3 2. Effective December 15, 2005, all fingerprints
4 submitted to the Department of Law Enforcement as required by
5 this paragraph shall be retained by the Department of Law
6 Enforcement in a manner provided by rule and entered in the
7 statewide automated fingerprint identification system
8 authorized by s. 943.05(2)(b). Such fingerprints shall
9 thereafter be available for all purposes and uses authorized
10 for arrest fingerprint cards entered in the statewide
11 automated fingerprint identification system under s. 943.051.
12 3. Effective December 15, 2005, the Department of Law
13 Enforcement shall search all arrest fingerprint cards received
14 under s. 943.051 against the fingerprints retained in the
15 statewide automated fingerprint identification system under
16 subparagraph 2. Any arrest record that is identified with the
17 fingerprints of a person described in this paragraph must be
18 reported to the Department of Education. Each eligible private
19 school shall participate in this search process by paying an
20 annual fee to the Department of Education and by informing the
21 Department of Law Enforcement of any change in the status or
22 place of employment or engagement of services of its personnel
23 as described in this paragraph whose fingerprints are retained
24 under subparagraph 2. The Department of Law Enforcement shall
25 adopt a rule setting the amount of the annual fee to be
26 imposed upon each private school for performing these searches
27 and establishing the procedures for the retention of private
28 school personnel fingerprints and the dissemination of search
29 results. The fee may be borne by the private school, the
30 employee, the person engaged to provide services, or the
31 owner.
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1 4. If it is found that a person described in this
2 paragraph does not meet the level 2 requirements, the eligible
3 private school shall be immediately suspended from
4 participating in the program and shall remain suspended until
5 final resolution of any appeals. An eligible private school
6 that employs or engages to provide services with a person
7 described in this paragraph who fails to meet level 2
8 screening standards or has been convicted of a crime involving
9 moral turpitude may not participate in this program.
10 (c) A private school participating in the John M.
11 McKay Scholarships for Students with Disabilities Program may
12 not:
13 1. Act as attorney in fact for parents of a
14 scholarship student under the authority of a power of attorney
15 executed by such parents, or under any other authority, to
16 endorse scholarship warrants on behalf of parents.
17 2. Send or direct McKay Scholarship funds to parents
18 of a scholarship student who receives instruction at home.
19 3. Be a correspondence school or distance learning
20 school.
21 4. Operate as a private tutoring program as defined in
22 s. 1002.43.
23 5. Accept a McKay Scholarship student until the sworn
24 and notarized compliance statement has been completed,
25 submitted to, and independently verified by the Department of
26 Education.
27 (d) A participating private school may request that
28 the school be listed by the Department of Education with a
29 closed-enrollment status in the McKay Scholarship program if
30 the school is no longer accepting new students with McKay
31 Scholarships. As used in this paragraph, the term
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1 "closed-enrollment status" means that the private school is no
2 longer accepting any new student with a McKay Scholarship.
3 However, the private school is subject to all the requirements
4 under this section and all applicable rules adopted by the
5 State Board of Education if the private school is serving a
6 student with a McKay Scholarship. The private school must
7 provide a written request for closed-enrollment status to the
8 Department of Education. The Department of Education may grant
9 closed-enrollment status to a participating private school.
10 However, closed-enrollment status may not be granted for
11 longer than 1 school year.
12 (5) OBLIGATION OF PROGRAM PARTICIPANTS.--
13 (a) A parent who applies for a John M. McKay
14 Scholarship is exercising his or her parental option to place
15 his or her child in a private school. The parent must select
16 the private school and apply for the admission of his or her
17 child.
18 (b) The parent must have requested the scholarship at
19 least 60 days prior to the date of the first scholarship
20 payment.
21 (c) Any student participating in the scholarship
22 program must remain in attendance throughout the school year,
23 unless excused by the school for illness or other good cause,
24 and must comply fully with the school's code of conduct.
25 (d) The parent of each student participating in the
26 scholarship program must comply fully with the private
27 school's parental involvement requirements, unless excused by
28 the school for illness or other good cause.
29 (e) If the parent requests that the student
30 participating in the scholarship program take all statewide
31 assessments required pursuant to s. 1008.22, the parent is
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1 responsible for transporting the student to the assessment
2 site designated by the school district.
3 (f) Upon receipt of a scholarship warrant, the parent
4 to whom the warrant is made must restrictively endorse the
5 warrant to the private school for deposit into the account of
6 the private school.
7 (g) The parent of a student participating in the
8 scholarship program may not designate any participating
9 private school as the parent's attorney in fact to sign a
10 scholarship warrant.
11 (h)(g) A participant who fails to comply with this
12 subsection forfeits the scholarship.
13 (6) SCHOLARSHIP FUNDING AND PAYMENT.--
14 (a)1. The maximum scholarship granted for an eligible
15 student with disabilities shall be a calculated amount
16 equivalent to the base student allocation in the Florida
17 Education Finance Program multiplied by the appropriate cost
18 factor for the educational program that would have been
19 provided for the student in the district school to which he or
20 she was assigned, multiplied by the district cost
21 differential.
22 2. In addition, a share of the guaranteed allocation
23 for exceptional students shall be determined and added to the
24 calculated amount. The calculation shall be based on the
25 methodology and the data used to calculate the guaranteed
26 allocation for exceptional students for each district in
27 chapter 2000-166, Laws of Florida. Except as provided in
28 subparagraph 4. 3., the calculation shall be based on the
29 student's grade, matrix level of services, and the difference
30 between the 2000-2001 basic program and the appropriate level
31 of services cost factor, multiplied by the 2000-2001 base
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1 student allocation and the 2000-2001 district cost
2 differential for the sending district. Also, the calculated
3 amount shall include the per-student share of supplemental
4 academic instruction funds, instructional materials funds,
5 technology funds, and other categorical funds as provided for
6 such purposes in the General Appropriations Act.
7 3. The calculated scholarship amount for a student who
8 has spent the prior school year in attendance at the Florida
9 School for the Deaf and the Blind shall be calculated as
10 provided in subparagraphs 1. and 2. However, the calculation
11 shall be based on the school district in which the parent
12 resides at the time that the intent is filed by the parent.
13 4.3. Until the school district completes the matrix
14 required by paragraph (3)(b), the calculation shall be based
15 on the matrix that assigns the student to support level I of
16 service as it existed prior to the 2000-2001 school year.
17 When the school district completes the matrix, the amount of
18 the payment shall be adjusted as needed.
19 (d)1. The school district shall report to the
20 Department of Education all students who are attending a
21 private school under this program. The students with
22 disabilities attending private schools on John M. McKay
23 Scholarships shall be reported separately from other students
24 reported for purposes of the Florida Education Finance
25 Program.
26 2. For program participants who are eligible under
27 sub-subparagraph (2)(a)1.b., the school district, which is
28 used as the basis for the calculation of the scholarship
29 amount as provided in subparagraph (6)(a)3., shall:
30
31
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1 a. Report to the Department of Education all such
2 students who are attending a private school under this
3 program; and
4 b. Be held harmless for such students from the
5 weighted enrollment ceiling for group 2 programs in s.
6 1011.62(1)(d)3.a. during the first school year in which the
7 students are reported.
8 (e) Following notification on July 1, September 1,
9 December 1, or February 1 of the number of program
10 participants, the Department of Education shall transfer, from
11 General Revenue funds only, the amount calculated under
12 paragraph (b) from the school district's total funding
13 entitlement under the Florida Education Finance Program and
14 from authorized categorical accounts to a separate account for
15 the scholarship program for quarterly disbursement to the
16 parents of participating students. Funds may not be
17 transferred from any funding provided to the Florida School
18 for the Deaf and the Blind for program participants who are
19 eligible under sub-subparagraph (2)(a)1.b. When a student
20 enters the scholarship program, the Department of Education
21 must receive all documentation required for the student's
22 participation, including, but not limited to, the private
23 school's and student's fee schedules, at least 30 days before
24 the first quarterly scholarship payment is made for the
25 student. The Department of Education may not make any
26 retroactive payments.
27 (7) OBLIGATIONS OF THE DEPARTMENT OF EDUCATION.--
28 (a) The Department of Education shall perform the
29 following duties:
30 1. Review for compliance all documentation required
31 for each scholarship student's participation, including,
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1 without limitation, the private school's schedule and the
2 student's fee schedule.
3 2. Verify the admission acceptance of each scholarship
4 student to an eligible private school prior to the initial
5 scholarship payment.
6 3. Verify, prior to each scholarship payment, the
7 enrollment and attendance of each scholarship student at the
8 private school and that the scholarship student is not:
9 a. Receiving a scholarship under s. 220.187 or s.
10 1002.38.
11 b. Participating in a home education program as
12 defined in s. 1002.01(1).
13 c. Participating in instruction delivered by a
14 correspondence school, private tutoring program as defined in
15 s. 1002.43, or distance learning courses, except as
16 specifically permitted in paragraph (2)(b).
17 d. Enrolled in a school operating for the purpose of
18 providing education services to youth in commitment programs
19 of the Department of Juvenile Justice.
20 e. Currently enrolled in a public school in the state,
21 if the student has a scholarship to attend a private school.
22 4. Administer and prescribe an annual sworn and
23 notarized compliance statement for each participating private
24 school and independently verify the information provided by
25 each participating private school.
26 5. Review all results of the background checks
27 performed pursuant to subsection (4).
28 6. Determine the eligibility of a private school to
29 accept McKay Scholarship students, based upon independent
30 verification that the private school meets all the
31
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1 requirements in this section and all applicable rules adopted
2 by the State Board of Education.
3 7. Publish a current, on-line list of eligible private
4 schools.
5 8. Include each eligible private school on the on-line
6 list of eligible private schools within 10 days after the
7 private school is determined to be eligible to participate in
8 the McKay Scholarship program.
9 9. Remove immediately from the on-line list of
10 eligible private schools any school that is determined by the
11 Department of Education to be an ineligible private school, as
12 provided for in paragraph (b).
13 10. Remove immediately from the on-line list of
14 eligible private schools any school that is determined by the
15 Department of Education to be an ineligible school, as
16 provided for in paragraphs (b) and (c).
17 (b) The Department of Education shall deny or refuse
18 to allow the participation of any private school if it
19 determines that the private school or any of its owners or
20 administrators has failed to meet the requirements for initial
21 application or renewal as provided in this section.
22 (c) The Department of Education shall issue a notice
23 of noncompliance pursuant to s. 120.695 to any participating
24 private school that violates any of the provisions of this
25 section or the rules of the State Board of Education, if the
26 violation is a minor violation as defined in s. 120.695. If a
27 private school fails to satisfy the requirements specified in
28 the notice of noncompliance within 30 days after its receipt
29 by the school, the Department of Education shall issue an
30 emergency order revoking the registration of the participating
31 private school. The Department of Education shall issue an
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1 emergency order to immediately revoke the registration of a
2 participating private school for a violation that is not a
3 minor violation as defined in s. 120.695.
4 (d) The Department of Education shall revoke the
5 scholarship for a participant who fails to comply with the
6 requirements in subsection (5) or who:
7 1. Receives a scholarship under s. 220.187 or s.
8 1002.38.
9 2. Participates in a home education program as defined
10 in s. 1002.01(1).
11 3. Participates in instruction delivered by a
12 correspondence school, a private tutoring program as defined
13 in s. 1002.43, or distance learning courses, except as
14 specifically permitted in paragraph (2)(b).
15 4. Does not have regular and direct contact with the
16 student's private school teachers at the school's physical
17 location.
18 5. Enrolls in a school operating for the purpose of
19 providing educational services to youth in commitment programs
20 of the Department of Juvenile Justice.
21 (e) The Department of Education shall conduct an
22 investigation of any written complaint of a violation of this
23 section if the complaint is signed by the complainant and is
24 legally sufficient. A complaint is legally sufficient if it
25 contains ultimate facts that show that a violation of this
26 section or any rule adopted by the State Board of Education
27 has occurred. In order to determine legal sufficiency, the
28 Department of Education may require supporting information or
29 documentation. The Department of Education may investigate any
30 complaint, including, but not limited to, anonymous
31 complaints.
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1 (f) The Department of Education may not change a
2 matrix of services completed by a school district. However,
3 the department may make the following changes for a matrix for
4 a student if the school district has identified the error but
5 has failed to make a correction in a timely manner:
6 1. A correction to a technical, typographical, or
7 calculation error; or
8 2. A change to align the matrix of services with the
9 student's individual education plan completed by the school
10 district for use in the public school prior to the student's
11 enrolling in or attending a private school.
12
13 The department must report any change made under this
14 paragraph to the school district and the parent of the
15 student.
16 (8) OBLIGATIONS OF THE AUDITOR
17 GENERAL.--Notwithstanding any other law to the contrary, the
18 Auditor General must include in the operational audit of the
19 Department of Education the John M. McKay Scholarships for
20 Students with Disabilities Program. The Auditor General must
21 include in the audit a review of a sample of the warrants used
22 to pay for the scholarships, as well as random site visits to
23 private schools participating in the John M. McKay
24 Scholarships for Students with Disabilities Program, in order
25 to verify student enrollment and other information reported by
26 the private schools as required by rules of the State Board of
27 Education.
28 (9)(7) LIABILITY.--No liability shall arise on the
29 part of the state based on the award or use of a John M. McKay
30 Scholarship.
31
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1 (10)(8) RULES.--The State Board of Education shall
2 adopt rules pursuant to ss. 120.536(1) and 120.54 to
3 administer this section, including rules that school districts
4 must use to expedite the development of a matrix of services
5 based on a current individual education plan from another
6 state or a foreign country for a transferring student with a
7 disability who is a dependent child of a member of the United
8 States Armed Forces. The rules must identify the appropriate
9 school district personnel who must complete the matrix of
10 services. For purposes of these rules, a transferring student
11 with a disability is one who was previously enrolled as a
12 student with a disability in an out-of-state or an
13 out-of-country public or private school or agency program and
14 who is transferring from out of state or from a foreign
15 country pursuant to a parent's permanent change of station
16 orders. The rules must include provisions for:
17 (a) Administering the annual sworn and notarized
18 compliance statement to all participating private schools;
19 (b) Establishing procedures for schools to request
20 closed-enrollment and active status;
21 (c) Establishing forms for changes to a matrix by a
22 school district and the department;
23 (d) Implementing the requirement that a private school
24 timely notify the Department of Education of material changes
25 to the school's registration information;
26 (e) Establishing attendance-verification procedures
27 and forms; and
28 (f) Establishing procedures for determining student
29 eligibility and approving scholarships.
30
31
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1 The rules related to the annual sworn and notarized compliance
2 statement shall establish a deadline for the receipt of the
3 initial sworn and notarized compliance statement from the
4 private school and shall enumerate the items to be included in
5 the statement. The rules shall enumerate the items to be
6 included in a subsequent annual sworn and notarized compliance
7 statement that is required in January of each year from the
8 private school. However, the inclusion of eligible private
9 schools within options available to Florida public school
10 students does not expand the regulatory authority of the
11 state, its officers, or any school district to impose any
12 additional regulation of private schools beyond those
13 reasonably necessary to enforce requirements expressly set
14 forth in this section.
15 Section 2. The State Board of Education shall initiate
16 the adoption of rules required by this act 10 days after the
17 effective date of this act. The State Board of Education shall
18 report to the presiding officers of the Legislature by
19 December 1, 2005, on the status of the rulemaking required by
20 this act.
21 Section 3. (1) A private school that meets the
22 following requirements on June 1, 2005, is not required to
23 file the surety bond as required in section 1002.39(4)(a)1.,
24 Florida Statutes:
25 (a) The private school is participating in the Mckay
26 Scholarship Program under section 1002.39, Florida Statutes;
27 and
28 (b) The private school is determined by the Department
29 of Education to be in compliance with section 1002.39, Florida
30 Statutes.
31
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1 (2) Notwithstanding section 1002.39(4)(b)4., Florida
2 Statutes, a private school that meets the requirements in
3 paragraphs (1)(a) and (b) may accept a McKay Scholarship
4 student.
5 (3) Notwithstanding subsections (1) and (2), if the
6 private school becomes, after June 1, 2005, subject to an
7 action taken by the Department of Education for any violation
8 of section 1002.39, Florida Statutes, the private school:
9 (a) Shall file a surety bond with the Department of
10 Education following the date on which the action was taken
11 against the private school for a violation of section 1002.39,
12 Florida Statutes, but prior to receiving the next quarterly
13 payment;
14 (b) Shall file a surety bond with the Department of
15 Education for 2 additional consecutive years thereafter; and
16 (c) May not accept new McKay Scholarship students
17 until the private school complies with all the requirements in
18 section 1002.39, Florida Statutes, and all applicable rules of
19 the State Board of Education, as determined by the Department
20 of Education.
21 Section 4. Section 220.187, Florida Statutes, is
22 amended to read:
23 220.187 Credits for contributions to nonprofit
24 scholarship-funding organizations.--
25 (1) This section may be cited as the "Corporate
26 Scholarship Program."
27 (2)(1) PURPOSE.--The purpose of this section is to:
28 (a) Encourage private, voluntary contributions to
29 nonprofit scholarship-funding organizations.
30 (b) Expand educational opportunities for children of
31 families that have limited financial resources.
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1 (c) Enable children in this state to achieve a greater
2 level of excellence in their education.
3 (3)(2) DEFINITIONS.--As used in this section, the
4 term:
5 (a) "Department" means the Department of Revenue.
6 (a)(b) "Eligible contribution" means a monetary
7 contribution from a taxpayer, subject to the restrictions
8 provided in this section, to an eligible nonprofit
9 scholarship-funding organization. The taxpayer making the
10 contribution may not designate a specific child as the
11 beneficiary of the contribution. The taxpayer may not
12 contribute more than $5 million to any single eligible
13 nonprofit scholarship-funding organization.
14 (b)(c) "Eligible private nonpublic school" means a
15 private nonpublic school, as defined in s. 1002.01(2), located
16 in Florida which that offers an education to students in any
17 grades K-12 and that meets the requirements in subsection (7)
18 (6). An eligible private school:
19 1. Must maintain a physical location in this state
20 where each scholarship student regularly attends classes.
21 2. May not be a correspondence school or distance
22 learning school.
23 3. May not direct or provide scholarship funds to a
24 parent of a scholarship student who receives instruction under
25 the program at home.
26 4. May not be a home education program as defined in
27 s. 1002.01(1).
28 5. May not be a private tutoring program as described
29 in s. 1002.43.
30 (c)(d) "Eligible nonprofit scholarship-funding
31 organization" means a charitable organization that is exempt
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1 from federal income tax pursuant to s. 501(c)(3) of the
2 Internal Revenue Code, is incorporated under laws of this
3 state, has its principal office located in the state, and that
4 complies with the provisions of subsection (5) (4).
5 (d) "Owner" means the owner, president, chairperson of
6 the board of directors, superintendent, principal, or person
7 with equivalent decisionmaking authority who owns, operates,
8 or administers an eligible nonprofit scholarship-funding
9 organization or eligible private school. In addition, the term
10 "owner" means an individual who has access to or processes
11 scholarship funds or eligible contributions at an eligible
12 nonprofit scholarship-funding organization or eligible private
13 school.
14 (e) "Qualified student" means a student who qualifies
15 for free or reduced-price school lunches under the National
16 School Lunch Act and who:
17 1. Was counted as a full-time equivalent student
18 during the previous state fiscal year for purposes of state
19 per-student funding;
20 2. Received a scholarship from an eligible nonprofit
21 scholarship-funding organization during the previous school
22 year; or
23 3. Is eligible to enter kindergarten or first grade.
24
25 A student may continue in the scholarship program as long as
26 the family income level does not exceed 200 percent of the
27 federal poverty level. A student who was enrolled in a school
28 operating for the purpose of providing educational services to
29 youth in a commitment program of the Department of Juvenile
30 Justice shall not be counted as a full-time equivalent student
31 for the previous state fiscal year for purposes of state
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1 per-student funding under this program. A student is not
2 eligible to receive a scholarship under this section if the
3 student is participating in the Opportunity Scholarship
4 Program under s. 1002.38, the John M. McKay Scholarships for
5 Students with Disabilities Program under s. 1002.39, or a home
6 education program as defined in s. 1002.01(1) or is enrolled
7 in a school operating for the purpose of providing educational
8 services to youth in commitment programs of the Department of
9 Juvenile Justice. A student is not eligible to receive a
10 scholarship from more than one eligible nonprofit
11 scholarship-funding organization at the same time.
12 (4)(3) AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX
13 CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--
14 (a) There is allowed a credit of 100 percent of an
15 eligible contribution against any tax due for a taxable year
16 under this chapter. However, such a credit may not exceed 75
17 percent of the tax due under this chapter for the taxable
18 year, after the application of any other allowable credits by
19 the taxpayer. However, at least 5 percent of the total
20 statewide amount authorized for the tax credit shall be
21 reserved for taxpayers who meet the definition of a small
22 business provided in s. 288.703(1) at the time of application.
23 The credit granted by this section shall be reduced by the
24 difference between the amount of federal corporate income tax
25 taking into account the credit granted by this section and the
26 amount of federal corporate income tax without application of
27 the credit granted by this section.
28 (b) The total amount of tax credits and carryforward
29 of tax credits which may be granted each state fiscal year
30 under this section is $88 million. Effective for tax years
31 beginning January 1, 2005, 1 percent of the total statewide
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1 amount authorized for the tax credit must be reserved for
2 taxpayers that are small businesses as defined in s.
3 288.703(1) at the time of application.
4 (c) A taxpayer who files a Florida consolidated return
5 as a member of an affiliated group pursuant to s. 220.131(1)
6 may be allowed the credit on a consolidated return basis;
7 however, the total credit taken by the affiliated group is
8 subject to the limitation established under paragraph (a).
9 (d) Effective for the tax years beginning January 1,
10 2005, a taxpayer may rescind its application for tax credit
11 under this section, and the amount approved in the application
12 for tax credit shall become available for purposes of the cap
13 for that state fiscal year under this section to an eligible
14 taxpayer as approved by the Department of Revenue, if the
15 taxpayer receives notice from the Department of Revenue that
16 the rescindment application has been accepted by the
17 Department of Revenue, the taxpayer has not previously
18 rescinded its application for tax credit under this section
19 more than once in the previous 3 tax years, the taxpayer
20 rescinds prior to the end of the taxpayer's tax year for which
21 the credit was approved, and the taxpayer has not made a
22 contribution pursuant to its approved application for tax
23 credit under this section. Any amount rescinded under this
24 paragraph shall become available to an eligible taxpayer on a
25 first-come, first-served basis based on tax credit
26 applications received after the date the rescindment is
27 accepted by the Department of Revenue.
28 (5)(4) OBLIGATIONS OF ELIGIBLE NONPROFIT
29 SCHOLARSHIP-FUNDING ORGANIZATIONS.--
30
31
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1 (a) An eligible nonprofit scholarship-funding
2 organization shall provide scholarships, from eligible
3 contributions, to qualified students for:
4 1. Tuition or textbook expenses for, or transportation
5 to, an eligible private nonpublic school. At least 75 percent
6 of each the scholarship funding must be used to pay tuition
7 expenses; or
8 2. Transportation expenses to a Florida public school
9 that is located outside the district in which the student
10 resides.
11 (b) An eligible nonprofit scholarship-funding
12 organization shall give priority to qualified students who
13 received a scholarship from an eligible nonprofit
14 scholarship-funding organization during the previous school
15 year.
16 (c) The amount of a scholarship provided to any child
17 for any single school year by one or more all eligible
18 nonprofit scholarship-funding organizations from eligible
19 contributions may shall not exceed the following annual
20 limits:
21 1. Three thousand five hundred dollars for a
22 scholarship awarded to a student enrolled in an eligible
23 private nonpublic school.
24 2. Five hundred dollars for a scholarship awarded to a
25 student enrolled in a Florida public school that is located
26 outside the district in which the student resides.
27 (d) The amount of an eligible contribution which may
28 be accepted by an eligible nonprofit scholarship-funding
29 organization is limited to the amount needed to provide
30 scholarships for qualified students whom which the
31
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1 organization has identified and for whom which vacancies in
2 eligible private nonpublic schools have been identified.
3 (e) An eligible nonprofit scholarship-funding
4 organization that receives an eligible contribution must spend
5 100 percent of the eligible contribution to provide
6 scholarships in the same state fiscal year in which the
7 contribution was received. No portion of eligible
8 contributions may be used for administrative expenses. All
9 interest accrued from contributions must be used for
10 scholarships.
11 (f) An eligible nonprofit scholarship-funding
12 organization that receives eligible contributions must, within
13 180 days after the end of the organization's fiscal year,
14 provide to the Auditor General and the Department of Education
15 an annual financial and compliance audit of its accounts and
16 records conducted by an independent certified public
17 accountant and in accordance with rules adopted by the Auditor
18 General. The Auditor General shall review all audit reports
19 submitted pursuant to this section. The Auditor General shall
20 request any significant items that were omitted in violation
21 of a rule adopted by the Auditor General. The items must be
22 provided within 45 days after the date of the request. If the
23 eligible nonprofit scholarship-funding organization does not
24 comply with the Auditor General's request, the Auditor General
25 shall notify the Legislative Auditing Committee. The
26 Legislative Auditing Committee may schedule a hearing. If a
27 hearing is scheduled, the committee shall determine if the
28 eligible nonprofit scholarship-funding organization should be
29 subject to further state action. If the committee determines
30 that the eligible nonprofit scholarship-funding organization
31 should be subject to further state action, the committee shall
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1 notify the Department of Education, which shall terminate the
2 eligibility of the eligible nonprofit scholarship-funding
3 organization to participate in the program under this section.
4 (g) An eligible nonprofit scholarship-funding
5 organization shall make payment of the scholarship, at a
6 minimum, on a quarterly basis. Payment of the scholarship by
7 the eligible nonprofit scholarship-funding organization shall
8 be by individual warrant or check made payable to the
9 student's parent. If the parent chooses for his or her child
10 to attend an eligible private nonpublic school, the warrant or
11 check must be mailed by the eligible nonprofit
12 scholarship-funding organization to the private nonpublic
13 school of the parent's choice, and the parent shall
14 restrictively endorse the warrant or check to the private
15 nonpublic school. An eligible nonprofit scholarship-funding
16 organization shall ensure that, upon receipt of a scholarship
17 warrant or check, the parent to whom the warrant or check is
18 made restrictively endorses the warrant or check to the
19 private nonpublic school of the parent's choice for deposit
20 into the account of the private nonpublic school.
21 (h) An eligible nonprofit scholarship-funding
22 organization may not commingle scholarship funds with any
23 other funds and must maintain a separate account for
24 scholarship funds.
25 (i) An eligible nonprofit scholarship-funding
26 organization shall obtain verification from a private school
27 of each student's continued attendance at the private school
28 prior to each scholarship payment.
29 (j) An eligible nonprofit scholarship-funding
30 organization must verify the income of all scholarship
31 applicants participating in the program at least once each
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1 school year through independent income documentation as
2 provided in rules of the State Board of Education.
3 (k) An eligible nonprofit scholarship-funding
4 organization must prepare and submit quarterly reports to the
5 Department of Education pursuant to subsection (8). In
6 addition, an eligible nonprofit scholarship-funding
7 organization must timely submit to the Department of Education
8 any information requested by the Department of Education
9 relating to the scholarship program.
10 (l) All owners of an eligible nonprofit
11 scholarship-funding organization shall, upon employment or
12 engagement to provide services, undergo background screening
13 pursuant to s. 435.04 by filing with the Department of
14 Education a complete set of fingerprints taken by an
15 authorized law enforcement agency or an employee of the
16 eligible nonprofit scholarship-funding organization who is
17 trained to take fingerprints. These fingerprints shall be
18 submitted to the Department of Law Enforcement for state
19 processing, which shall in turn submit the fingerprints to the
20 Federal Bureau of Investigation for federal processing. The
21 Department of Education shall screen the background results
22 and report to the eligible nonprofit scholarship-funding
23 organization any owner who fails to meet level 2 screening
24 standards pursuant to s. 435.04 or any owner who has been
25 convicted of a crime involving moral turpitude. Owners found
26 through fingerprint processing to have been convicted of a
27 crime involving moral turpitude or failing to meet level 2
28 screening standards pursuant to s. 435.04 may not be employed
29 or engaged to provide services in any position with the
30 eligible nonprofit scholarship-funding organization. The cost
31
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1 of the background screening may be borne by the eligible
2 nonprofit scholarship-funding organization or the owner.
3 1. Every 5 years following employment or engagement to
4 provide services with an eligible nonprofit
5 scholarship-funding organization, each owner must meet level 2
6 screening requirements as described in s. 435.04, at which
7 time the Department of Education shall request the Department
8 of Law Enforcement to forward the fingerprints to the Federal
9 Bureau of Investigation for level 2 screening. If the
10 fingerprints of an owner are not retained by the Department of
11 Law Enforcement under subparagraph 2., the owner must file a
12 complete set of fingerprints with the Department of Education.
13 Upon submission of fingerprints for this purpose, the
14 Department of Education shall request the Department of Law
15 Enforcement to forward the fingerprints to the Federal Bureau
16 of Investigation for level 2 screening, and the fingerprints
17 shall be retained by the Department of Law Enforcement under
18 subparagraph 2. The cost of the state and federal criminal
19 history check required by level 2 screening may be borne by
20 the eligible nonprofit scholarship-funding organization or the
21 owner. Under penalty of perjury, each owner must agree to
22 inform the eligible nonprofit scholarship-funding organization
23 immediately if convicted of any disqualifying offense while he
24 or she is employed or engaged to provide services with the
25 eligible nonprofit scholarship-funding organization.
26 2. Effective December 15, 2005, all fingerprints
27 submitted to the Department of Law Enforcement as required by
28 this paragraph shall be retained by the Department of Law
29 Enforcement in a manner provided by rule and entered in the
30 statewide automated fingerprint identification system
31 authorized by s. 943.05(2)(b). Such fingerprints shall
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1 thereafter be available for all purposes and uses authorized
2 for arrest fingerprint cards entered in the statewide
3 automated fingerprint identification system pursuant to s.
4 943.051.
5 3. Effective December 15, 2005, the Department of Law
6 Enforcement shall search all arrest fingerprint cards received
7 under s. 943.051 against the fingerprints retained in the
8 statewide automated fingerprint identification system under
9 subparagraph 2. Any arrest record that is identified with an
10 owner's fingerprints shall be reported to the Department of
11 Education. Each eligible nonprofit scholarship-funding
12 organization shall participate in this search process by
13 paying an annual fee to the Department of Education and by
14 informing the Department of Law Enforcement of any change in
15 the employment or engagement status or place of employment or
16 engagement of its owners whose fingerprints are retained under
17 subparagraph 2. The Department of Law Enforcement shall adopt
18 a rule setting the amount of the annual fee to be imposed upon
19 each eligible nonprofit scholarship-funding organization for
20 performing these searches and establishing the procedures for
21 the retention of owner fingerprints and the dissemination of
22 search results. The fee may be borne by the eligible nonprofit
23 scholarship-funding organization or by the owner.
24 4. If it is found that an owner of an eligible
25 nonprofit scholarship-funding organization does not meet level
26 2 requirements, the eligible nonprofit scholarship-funding
27 organization shall be immediately suspended from participating
28 in the program and shall remain suspended until final
29 resolution of any appeals. An eligible nonprofit
30 scholarship-funding organization the owner of which fails to
31 meet level 2 screening standards or has been convicted of a
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1 crime involving moral turpitude may not participate in this
2 program.
3 (m) If the owner of an eligible nonprofit
4 scholarship-funding organization has in the immediately
5 preceding 7 years filed for personal bankruptcy or owned 20
6 percent or more of a corporation that filed for corporate
7 bankruptcy in the immediately preceding 7 years, the eligible
8 nonprofit scholarship-funding organization may not participate
9 in this program.
10 (n) An eligible nonprofit scholarship-funding
11 organization must comply with the antidiscrimination
12 provisions of 42 U.S.C. s. 2000d.
13 (o) An eligible nonprofit scholarship-funding
14 organization or an owner of an eligible nonprofit
15 scholarship-funding organization may not own, operate, or
16 administer an eligible private school participating in the
17 program.
18 (p) An eligible nonprofit scholarship-funding
19 organization must report to the Department of Education any
20 eligible private school participating in the scholarship
21 program under this section which does not comply with the
22 requirements of this program. The eligible nonprofit
23 scholarship-funding organization may not provide additional
24 scholarship funds for a qualified student to attend an
25 eligible private school until the State Board of Education
26 determines that the school is in compliance with this section.
27 (q) An eligible nonprofit scholarship-funding
28 organization must allow a qualified student to attend any
29 eligible private school and must allow the parent to transfer
30 the scholarship during the school year to another eligible
31 private school of the parent's choice.
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1 (r) An eligible nonprofit scholarship-funding
2 organization must provide a scholarship to a qualified student
3 on a first-come, first-served basis unless the student
4 qualifies for priority pursuant to paragraph (5)(b). An
5 eligible nonprofit scholarship-funding organization may not
6 target scholarships to a particular private school or provide
7 scholarships to a child of an owner.
8 (s) An eligible nonprofit scholarship-funding
9 organization may not transfer scholarship funds to another
10 eligible nonprofit scholarship-funding organization.
11 (t) An eligible nonprofit scholarship-funding
12 organization may not secure a promissory note, a line of
13 credit, or other financing to fund a scholarship in
14 anticipation of an eligible contribution. An eligible
15 scholarship-funding organization may only fund scholarships
16 through eligible contributions received under the scholarship
17 program.
18 (u) An eligible nonprofit scholarship-funding
19 organization that fails to comply with this section may not
20 participate in the scholarship program.
21 (6)(5) PARENT OBLIGATIONS.--
22 (a) As a condition for scholarship payment pursuant to
23 paragraph (4)(g), if the parent chooses for his or her child
24 to attend an eligible private nonpublic school, the parent
25 must inform the child's school district within 15 days after
26 the such decision has been made.
27 (b) Any student participating in the scholarship
28 program must remain in attendance throughout the school year,
29 unless excused by the school for illness or other good cause,
30 and must comply fully with the school's code of conduct.
31
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1 (c) The parent of each student participating in the
2 scholarship program must comply fully with the eligible
3 private school's parental-involvement requirements unless
4 excused by the school for good cause.
5 (d) Upon receipt of scholarship funds from an eligible
6 nonprofit scholarship-funding organization, the parent to whom
7 the warrant is made must restrictively endorse the warrant to
8 the eligible private school for deposit into the account of
9 the private school. If a parent refuses to restrictively
10 endorse a warrant to which an eligible private school is
11 lawfully entitled, that student's scholarship shall be
12 forfeited. The parent may not authorize the eligible private
13 school, its owners, or employees to act as an attorney in fact
14 for purposes of endorsing scholarship warrants.
15 (e) The parent of each qualified student participating
16 in the scholarship program must ensure that the student
17 participates in the required testing pursuant to this section.
18 (f) A student or parent who fails to comply with this
19 subsection forfeits the scholarship.
20 (7)(6) ELIGIBLE PRIVATE NONPUBLIC SCHOOL
21 OBLIGATIONS.--An eligible private nonpublic school must:
22 (a) Demonstrate fiscal soundness by filing with being
23 in operation for one school year or provide the Department of
24 Education with a surety bond for the amount equal to the
25 scholarship amount for each quarter of the school year. The
26 purpose of the surety bond is to secure expenditures of
27 scholarship funds if the Department of Education determines
28 that the funds have been used for unlawful purposes. The
29 surety bond must be filed at the time of the eligible private
30 school's initial registration to participate in the program
31 under this section with the Department of Education and at
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1 each annual registration period thereafter for a total of 3
2 consecutive years. This requirement does not apply to an
3 eligible private school that:
4 1. Has participated in the program for 3 consecutive
5 years or longer; and
6 2. Has had no action taken by the Department of
7 Education against the eligible private school for any
8 violation of this section for 3 consecutive years or longer.
9
10 However, any eligible private school that was subject to an
11 action taken by the Department of Education for any violation
12 of this section shall, following the date on which action was
13 taken against the eligible private school for a violation of
14 this section, but prior to receiving the next quarterly
15 payment, and for 2 additional consecutive years thereafter,
16 file a surety bond with the Department of Education. statement
17 by a certified public accountant confirming that the nonpublic
18 school desiring to participate is insured and the owner or
19 owners have sufficient capital or credit to operate the school
20 for the upcoming year serving the number of students
21 anticipated with expected revenues from tuition and other
22 sources that may be reasonably expected. In lieu of such a
23 statement, a surety bond or letter of credit for the amount
24 equal to the scholarship funds for any quarter may be filed
25 with the department.
26 (b) Comply with the antidiscrimination provisions of
27 42 U.S.C. s. 2000d.
28 (c) Meet state and local health and safety laws and
29 codes.
30 (d) Comply with all state laws relating to general
31 regulation of private nonpublic schools.
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1 (e) Employ or contract with teachers who have regular
2 and direct contact with each student receiving a scholarship
3 under this section at the school's physical location. All
4 teachers must hold at least a baccalaureate degree or have at
5 least 3 years' teaching experience in public or private
6 schools and have special skills, knowledge, or expertise that
7 qualifies them to provide instruction in subjects taught. As
8 part of the sworn-compliance form authorized under subsection
9 (8), an eligible private school must report to the Department
10 of Education the number of teachers employed or under contract
11 with the eligible private school, along with the manner in
12 which the teacher meets the requirements of this paragraph.
13 (f) Annually register with the Department of
14 Education. Each eligible private school must annually provide
15 the following information to the Department of Education:
16 1. The legal business and trade names, mailing
17 address, and business location of the eligible private school;
18 2. The legal name, mailing address, and telephone
19 numbers of an owner of the eligible private school;
20 3. A list of students at the eligible private school
21 receiving a scholarship under this section; and
22 4. A notification of the eligible private school's
23 intent to participate in the program under this section.
24 (g) Ensure that all personnel who are hired or
25 contracted to provide services to fill positions requiring
26 direct contact with students in the eligible private school,
27 and all owners of an eligible private school shall, upon
28 employment or engagement to provide services, undergo
29 background screening pursuant to s. 435.04 by filing with the
30 Department of Education a complete set of fingerprints taken
31 by an authorized law enforcement agency or an employee of the
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1 eligible private school who is trained to take fingerprints.
2 However, the complete set of fingerprints for an owner of an
3 eligible private school must be taken by an authorized law
4 enforcement agency. These fingerprints shall be submitted to
5 the Department of Law Enforcement for state processing, which
6 shall in turn submit the fingerprints to the Federal Bureau of
7 Investigation for federal processing. The Department of
8 Education shall screen the background results and report to
9 the eligible private school any person described in this
10 paragraph who fails to meet level 2 screening standards
11 pursuant to s. 435.04 or any person described in this
12 paragraph who has been convicted of a crime involving moral
13 turpitude. Any person described in this paragraph who is found
14 through fingerprint processing to have been convicted of a
15 crime involving moral turpitude or fails to meet level 2
16 screening standards pursuant to s. 435.04 may not be employed
17 or engaged to provide services in any position in the eligible
18 private school requiring direct contact with students and may
19 not assume an ownership position. The cost of the background
20 screening may be borne by the eligible private school, the
21 employee, the person engaged to provide services, or the
22 owner.
23 1. Every 5 years each person described in this
24 paragraph must meet level 2 screening requirements as
25 described in s. 435.04, at which time the Department of
26 Education shall request the Department of Law Enforcement to
27 forward the fingerprints to the Federal Bureau of
28 Investigation for level 2 screening. If the fingerprints of a
29 person described in this paragraph are not retained by the
30 Department of Law Enforcement under subparagraph 2., the
31 person must file a complete set of fingerprints with the
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1 Department of Education. Upon submission of fingerprints for
2 this purpose, the Department of Education shall request the
3 Department of Law Enforcement to forward the fingerprints to
4 the Federal Bureau of Investigation for level 2 screening, and
5 the fingerprints shall be retained by the Department of Law
6 Enforcement under subparagraph 2. The cost of the state and
7 federal criminal history check required by level 2 screening
8 may be borne by the eligible private school, the employee, the
9 person engaged to provide services, or the owner. Under
10 penalty of perjury, each person described in this paragraph
11 must agree to inform the eligible private school immediately
12 if convicted of any disqualifying offense while in a capacity
13 with the eligible private school as described in this
14 paragraph.
15 2. Effective December 15, 2005, all fingerprints
16 submitted to the Department of Law Enforcement as required by
17 this paragraph shall be retained by the Department of Law
18 Enforcement in a manner provided by rule and entered in the
19 statewide automated fingerprint identification system
20 authorized by s. 943.05(2)(b). Such fingerprints shall
21 thereafter be available for all purposes and uses authorized
22 for arrest fingerprint cards entered in the statewide
23 automated fingerprint identification system pursuant to s.
24 943.051.
25 3. Effective December 15, 2005, the Department of Law
26 Enforcement shall search all arrest fingerprint cards received
27 under s. 943.051 against the fingerprints retained in the
28 statewide automated fingerprint identification system under
29 subparagraph 2. Any arrest record that is identified with the
30 fingerprints of a person described in this paragraph shall be
31 reported to the Department of Education. Each eligible private
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1 school shall participate in this search process by paying an
2 annual fee to the Department of Education and by informing the
3 Department of Law Enforcement of any change in the status or
4 place of employment or engagement of services of its personnel
5 as described in this paragraph whose fingerprints are retained
6 under subparagraph 2. The Department of Law Enforcement shall
7 adopt a rule setting the amount of the annual fee to be
8 imposed upon each eligible private school for performing these
9 searches and establishing the procedures for the retention of
10 eligible private school personnel fingerprints and the
11 dissemination of search results. The fee may be borne by the
12 eligible private school, the employee, the person engaged to
13 provide services, or the owner.
14 4. If it is found that a person described in this
15 paragraph does not meet the level 2 requirements, the eligible
16 private school shall be immediately suspended from
17 participating in the program and shall remain suspended until
18 final resolution of any appeals. An eligible private school
19 that employs or engages to provide services with a person
20 described in this paragraph who fails to meet level 2
21 screening standards or has been convicted of a crime involving
22 moral turpitude may not participate in this program.
23 (h) Annually administer or make provisions for
24 scholarship students to take one of the nationally
25 norm-referenced tests identified by the State Board of
26 Education under subsection (8). An eligible private school
27 must report a student's scores to the parent and to the
28 Department of Education.
29 (i) Annually comply with the Department of Education's
30 affidavit requirements as provided in subsection (9).
31
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1 (j) Timely notify in writing the Department of
2 Education and the eligible nonprofit scholarship-funding
3 organization if a qualified student is ineligible to
4 participate in the scholarship program.
5 (k) Report annually to the Department of Education and
6 the scholarship applicants of the eligible private school if
7 the eligible private school has been in existence for 3 years
8 or less.
9 (l) Report annually to the Department of Education and
10 the scholarship applicants of the eligible private school:
11 1. Whether the eligible private school is accredited
12 by an in state or regional accrediting association that is
13 validated by a third-party accreditor at the state or national
14 level which has been in existence at least 3 years;
15 2. The name of the accrediting association that
16 accredits the eligible private school; and
17 3. Whether the eligible private school is in the
18 process of receiving candidate status.
19
20 The Department of Education shall make the annual list of
21 accredited and nonaccredited eligible private schools
22 available to the public and shall make that list available by
23 county.
24 (m) Comply with this section's requirements. An
25 eligible private school that fails to comply with this section
26 is ineligible to participate in the scholarship program under
27 this section.
28 (8) DEPARTMENT OF EDUCATION; RESPONSIBILITIES.--The
29 Department of Education shall:
30
31
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1 (a) Annually submit, by March 15, to the Department of
2 Revenue a list of eligible nonprofit scholarship-funding
3 organizations that meet the requirements of this section.
4 (b) Annually determine the eligibility of nonprofit
5 scholarship-funding organizations that meet the requirements
6 of this section. The Department of Education must determine
7 the eligibility of the nonprofit scholarship-funding
8 organization within 90 days after the nonprofit
9 scholarship-funding organization's application for approval to
10 participate in the program. The Department of Education must
11 provide written notice of approval or denial to participate in
12 the program to the nonprofit scholarship-funding organization.
13 The notice must contain the specific reasons for approval or
14 denial.
15 (c) Annually determine the eligibility of private
16 schools that meet the requirements of this section. The
17 Department of Education must maintain a list of eligible
18 private schools, and that list must be made accessible to the
19 public.
20 (d) Annually verify the eligibility of students that
21 meet the requirements of this section. The Department of
22 Education must maintain a database of students participating
23 in the program. The Department of Education must, at least
24 quarterly, update its database to ensure that a student
25 continues to meet the requirements of this section. The
26 Department of Education must timely notify an eligible
27 nonprofit scholarship-funding organization of any student that
28 fails to meet the requirements of this section.
29 (e) Annually account for and verify the eligibility of
30 expenditures under this section.
31
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1 (f) Annually review all audit reports of eligible
2 nonprofit scholarship-funding organizations for compliance
3 with this section.
4 (g) Annually submit, administer, and retain records of
5 affidavits from private schools certifying compliance with
6 this section.
7 (h) Identify and select the nationally norm-referenced
8 tests that are comparable to the norm-referenced provisions of
9 the Florida Comprehensive Assessment Test. The State Board of
10 Education may not identify more than three norm-referenced
11 tests for use in meeting the requirements of this section. The
12 State Board of Education may select the Florida Comprehensive
13 Assessment Test for use in meeting the requirements of this
14 section. The Department of Education must report annually on
15 the year-to-year improvements of the qualified students and
16 must analyze and report student performance data, including
17 student scores by grade level, in a manner that protects the
18 rights of students and parents as mandated in 20 U.S.C. s.
19 1232g and must not disaggregate data to a level that will
20 disclose the identity of students.
21 (i) The Department of Education shall conduct an
22 investigation of any written complaint of a violation of this
23 section if the complaint is signed by the complainant and is
24 legally sufficient. A complaint is legally sufficient if it
25 contains ultimate facts that show that a violation of this
26 section or any rule adopted by the State Board of Education
27 has occurred. In order to determine legal sufficiency, the
28 Department of Education may require supporting information or
29 documentation. The Department of Education may investigate any
30 complaint, including, but not limited to, anonymous
31 complaints.
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1 (j) Revoke the eligibility of a nonprofit
2 scholarship-funding organization, private school, or student
3 to participate in the program for noncompliance with this
4 section.
5 (k) Annually report, by December 15, to the Governor,
6 the President of the Senate, and the Speaker of the House of
7 Representatives the Department of Education's actions with
8 respect to implementing accountability in the scholarship
9 program under this section, including, but not limited to, any
10 substantiated allegations or violations of law or rule by an
11 eligible nonprofit scholarship-funding organization or
12 eligible private school under this program and the corrective
13 action taken by the Department of Education.
14 (9)(7) ADMINISTRATION; RULES.--
15 (a) If the credit granted pursuant to this section is
16 not fully used in any one year because of insufficient tax
17 liability on the part of the corporation, the unused amount
18 may be carried forward for a period not to exceed 3 years;
19 however, any taxpayer that seeks to carry forward an unused
20 amount of tax credit must submit an application for allocation
21 of tax credits or carryforward credits as required in
22 paragraph (d) in the year that the taxpayer intends to use the
23 carryforward. The total amount of tax credits and carryforward
24 of tax credits granted each state fiscal year under this
25 section is $88 million. This carryforward applies to all
26 approved contributions made after January 1, 2002. A taxpayer
27 may not convey, assign, or transfer the credit authorized by
28 this section to another entity unless all of the assets of the
29 taxpayer are conveyed, assigned, or transferred in the same
30 transaction.
31
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1 (b) An application for a tax credit pursuant to this
2 section shall be submitted to the Department of Revenue on
3 forms established by rule of the Department of Revenue.
4 (c) The Department of Revenue and the Department of
5 Education shall develop a cooperative agreement to assist in
6 the administration of this section. The Department of
7 Education shall be responsible for annually submitting, by
8 March 15, to the department a list of eligible nonprofit
9 scholarship-funding organizations that meet the requirements
10 of paragraph (2)(d) and for monitoring eligibility of
11 nonprofit scholarship-funding organizations that meet the
12 requirements of paragraph (2)(d), eligibility of nonpublic
13 schools that meet the requirements of paragraph (2)(c), and
14 eligibility of expenditures under this section as provided in
15 subsection (4).
16 (d) The Department of Revenue shall adopt rules
17 necessary to administer this section, including rules
18 establishing application forms and procedures and governing
19 the allocation of tax credits and carryforward credits under
20 this section on a first-come, first-served basis.
21 (e) The State Board of Education Department of
22 Education shall adopt rules under ss. 120.536(1) and 120.54 to
23 administer this section, including, but not limited to, rules:
24 1. Determining necessary to determine eligibility of
25 nonprofit scholarship-funding organizations and private
26 schools;
27 2. Identifying as defined in paragraph (2)(d) and
28 according to the provisions of subsection (4) and identify
29 qualified students; as defined in paragraph (2)(e).
30 3. Requiring documentation to establish eligibility
31 for nonprofit scholarship-funding organizations;
58
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Florida Senate - 2005 CS for SB 2
581-1742-05
1 4. Requiring an affidavit, which comports with this
2 section's requirements for private schools that participate in
3 the scholarship program; and
4 5. Requiring independent income-verification
5 documentation to establish student eligibility under this
6 section.
7 (f) The State Board of Education may delegate its
8 authority under this section to the Commissioner of Education
9 with the exception of rulemaking authority.
10 (10)(8) DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All
11 eligible contributions received by an eligible nonprofit
12 scholarship-funding organization shall be deposited in a
13 manner consistent with s. 17.57(2).
14 Section 5. This act shall take effect upon becoming a
15 law.
16
17 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
18 Senate Bill 2
19
20 The committee substitute makes the following changes:
21 -Provides for the eligibility of students from the Florida
School for the Deaf and the Blind for McKay Scholarships,the
22 method for calculating the scholarship amount,and the
reporting requirements for school districts.
23
-Allows current scholarship students to continue participating
24 in the Corporate Tax Credit Scholarship Program if parental
income does not exceed 200 percent of the federal poverty
25 level.
26 -Requires fingerprint search fees to be paid to the Department
of Education rather than the Florida Department of Law
27 Enforcement.
28 -Requires a law enforcement agency to take a private school
owner's fingerprints.
29
-Delays the date for searching and retaining the fingerprints
30 of personnel in Scholarship Funding Organizations and private
schools participating in the scholarship programs.
31
-Makes technical and conforming changes.
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