Senate Bill sb0002c2

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    Florida Senate - 2005                       CS for CS for SB 2

    By the Committees on Government Efficiency Appropriations;
    Education; and Senators King and Bullard




    593-1899-05

  1                      A bill to be entitled

  2         An act relating to scholarship programs;

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

  4         M. McKay Scholarships for Students with

  5         Disabilities Program; revising the definition

  6         of an eligible student; revising the

  7         eligibility requirements of the program;

  8         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 annual registration

31         of private schools; providing requirements for

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 1         documentation and notice; providing additional

 2         requirements for participating private schools;

 3         requiring annual sworn and notarized compliance

 4         statements to be filed with the department;

 5         requiring specific documentation for

 6         participating scholarship students; requiring

 7         that the private school maintain a physical

 8         location in this state; requiring that

 9         information be made available to potential

10         scholarship students and the department;

11         requiring scholarship students to participate

12         in assessments; requiring notification to

13         parents regarding student skill levels;

14         requiring notification to the department

15         regarding changes in information; requiring

16         notification to local health departments;

17         prohibiting discrimination on the basis of

18         religion by a private school; requiring certain

19         individuals to undergo level 2 background

20         screening requirements pursuant to s. 435.04,

21         F.S.; providing for the Department of Law

22         Enforcement to retain and search fingerprint

23         records; providing for an annual fee as

24         provided by rule of the Department of Law

25         Enforcement; requiring that costs of background

26         checks to be borne by certain parties;

27         prohibiting a private school from acting as an

28         attorney in fact for the parent of a

29         scholarship student or endorsing scholarship

30         warrants on behalf of a parent; prohibiting

31         participating private schools from sending or

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 1         directing scholarship funds to parents of a

 2         scholarship student who receives instruction at

 3         home; prohibiting a participating school from

 4         being a private tutoring program or a

 5         correspondence or distance learning school;

 6         prohibiting a participating school from

 7         accepting students pending verification of

 8         information; authorizing a participating

 9         private school to request, and the department

10         to grant, closed-enrollment status for a

11         school; prohibiting the parent of a scholarship

12         student from designating a participating

13         private school as the parent's attorney in fact

14         to sign a scholarship warrant; clarifying that

15         the school district must report to the

16         department the students who are attending a

17         private school under the program; establishing

18         additional obligations of the Department of

19         Education; requiring the department to review,

20         approve, and verify information and review

21         background checks; requiring the department to

22         determine the eligibility of a private school

23         to 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

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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; eliminating the

28         $5-million cap on contributions to any single

29         eligible nonprofit scholarship-funding

30         organization; prohibiting certain private

31         schools and other entities from participating

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 1         in the scholarship program; authorizing

 2         students whose family income level meets

 3         certain federal poverty level criteria to

 4         continue to participate in the scholarship

 5         program; prohibiting certain students from

 6         participating in the scholarship program;

 7         revising limitations on the allocation of

 8         annual credits granted under the program;

 9         providing limitations on eligible

10         contributions; requiring scholarship-funding

11         organizations to obligate, in the same fiscal

12         year in which a contribution was received, all

13         of the contributions; requiring the Auditor

14         General to review certain audits, request

15         certain information, and report to the

16         Legislative Auditing Committee any findings of

17         noncompliance; authorizing the Legislative

18         Auditing Committee to conduct hearings and

19         compel the Department of Education to revoke

20         eligibility of certain nonprofit

21         scholarship-funding organizations; providing

22         for audit reports to be submitted to the

23         Department of Education; requiring audits be

24         conducted within 180 days after completion of

25         the nonprofit scholarship-funding

26         organization's fiscal year; requiring a

27         nonprofit scholarship-funding organization to

28         make scholarship payments at least on a

29         quarterly basis; prohibiting commingling of

30         certain scholarship funds; requiring a

31         nonprofit scholarship-funding organization to

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 1         maintain a separate account for scholarship

 2         funds; requiring a nonprofit

 3         scholarship-funding organization to verify

 4         student attendance at a private school prior to

 5         submission of scholarship funds; requiring a

 6         nonprofit scholarship-funding organization to

 7         verify income eligibility of qualified students

 8         at least once a year in accordance with State

 9         Board of Education rules; requiring a nonprofit

10         scholarship-funding organization to submit

11         certain reports to the Department of Education;

12         requiring certain individuals to undergo level

13         2 background screening requirements pursuant to

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

15         of Law Enforcement to retain and search

16         fingerprint records; providing for an annual

17         fee as provided by rule of the Department of

18         Law Enforcement; requiring costs of background

19         checks be borne by certain parties; prohibiting

20         certain eligible nonprofit scholarship-funding

21         organizations the owners of which have filed

22         for bankruptcy from participating in the

23         program; requiring a nonprofit

24         scholarship-funding organization comply with

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

26         2000d; prohibiting an owner or a nonprofit

27         scholarship-funding organization from owning,

28         operating, or administering an eligible private

29         school under the scholarship program; requiring

30         a nonprofit scholarship-funding organization to

31         report any private school not in compliance

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 1         with scholarship program requirements to the

 2         Department of Education; prohibiting provision

 3         of scholarship funds to a student to attend a

 4         private school not in compliance; authorizing a

 5         parent to transfer the scholarship; requiring

 6         award of scholarships on a first-come,

 7         first-served basis; prohibiting a nonprofit

 8         scholarship-funding organization from targeting

 9         certain students for scholarships; prohibiting

10         the award of scholarships to a child of an

11         owner of a nonprofit scholarship-funding

12         organization; prohibiting the transfer of an

13         eligible contribution between nonprofit

14         scholarship-funding organizations; prohibiting

15         a nonprofit scholarship-funding organization

16         from securing financing in anticipation of

17         eligible contributions; prohibiting a nonprofit

18         scholarship-funding organization from

19         participating in the program if the

20         organization fails to meet statutory

21         obligations; requiring students to meet certain

22         attendance policies; requiring parents to meet

23         certain parental involvement requirements

24         unless excused; prohibiting a parent from

25         authorizing a power of attorney for endorsement

26         of scholarship warrant; requiring a parent to

27         ensure that a scholarship student participates

28         in testing requirements; prohibiting a student

29         or parent of a student from participating in

30         the scholarship program if the student or

31         parent fails to meet statutory obligations;

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 1         revising provisions with respect to private

 2         schools; revising requirements that a

 3         participating private school demonstrate fiscal

 4         soundness; requiring a private school to employ

 5         or contract with teachers who have regular and

 6         direct contact with students at the school's

 7         physical location; requiring the private

 8         schools to employ or contract with teachers who

 9         have at least a baccalaureate degree or 3 years

10         of teaching experience at a public or private

11         school, and other skills that qualify the

12         teacher to provide appropriate instruction;

13         requiring a private school to report to the

14         Department of Education the qualifications of

15         teachers; requiring a private school to

16         annually register with the Department of

17         Education and provide certain information

18         concerning the private school organization,

19         student list, and notice of intent to

20         participate in the scholarship program;

21         requiring certain individuals to undergo level

22         2 background screening requirements pursuant to

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

24         of Law Enforcement to retain and search

25         fingerprint records; providing for an annual

26         fee as provided by rule of the Department of

27         Law Enforcement; requiring costs of background

28         checks be borne by certain parties; requiring a

29         private school to administer or to make

30         provision for administering certain tests to

31         scholarship students; requiring reporting of

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 1         scores to the student's parent and to the

 2         Department of Education; requiring a private

 3         school to file an affidavit; requiring a

 4         private school to notify the Department of

 5         Education in writing within 7 days if a student

 6         is ineligible to participate in the scholarship

 7         program; requiring a private school to report

 8         to the Department of Education and distribute

 9         to scholarship applicants information

10         concerning accreditation and years in

11         existence; requiring the Department of

12         Education to make certain information

13         concerning private school accreditation

14         available to the public; prohibiting a private

15         school from participating in the scholarship

16         program if the private school fails to meet its

17         statutory obligations; prohibiting

18         discrimination on the basis of religion by a

19         private school; requiring the Department of

20         Education to determine the eligibility of

21         certain nonprofit scholarship-funding

22         organizations within 90 days after application;

23         requiring a written notice with specific

24         reasons for approval or denial; requiring the

25         Department of Education to annually determine

26         the eligibility of nonprofit

27         scholarship-funding organizations and private

28         schools; requiring the Department of Education

29         to make accessible to the public a list of

30         eligible private schools; requiring the

31         Department of Education to annually verify the

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 1         eligibility of students; requiring the

 2         Department of Education to maintain a student

 3         database of program participants and to update

 4         the database at least quarterly; requiring the

 5         Department of Education to notify a nonprofit

 6         scholarship-funding organization of any

 7         ineligible student; requiring the Department of

 8         Education to annually account for and verify

 9         the eligibility of program expenditures;

10         requiring the Department of Education to review

11         audits; requiring the Department of Education

12         to report student performance data; providing

13         limitations on reporting; requiring the

14         Department of Education to revoke the

15         eligibility of program participants for failure

16         to comply with statutory obligations; requiring

17         the Department of Education to conduct

18         investigations of certain complaints; requiring

19         the Department of Education to annually report

20         on accountability activities; requiring the

21         State Board of Education to adopt rules

22         regarding documentation to establish

23         eligibility of nonprofit scholarship-funding

24         organizations, requiring an affidavit, and

25         requiring independent income verification for

26         determining the eligibility of students;

27         authorizing the State Board of Education to

28         delegate its authority to the Commissioner of

29         Education with the exception of rulemaking

30         authority; providing that a secular private

31         school may continue its participation in the

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 1         scholarship program even if the act is found to

 2         violate the State Constitution; providing an

 3         effective date.

 4  

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

 6  

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

 8  paragraphs (a), (d), and (e) of subsection (6) of section

 9  1002.39, Florida Statutes, are amended, present subsections

10  (7) and (8) of that section are redesignated as subsections

11  (9) and (10), respectively, and amended, and new subsections

12  (7) and (8) are added to that section, to read:

13         1002.39  The John M. McKay Scholarships for Students

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

15  that is separate and distinct from the Opportunity Scholarship

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

17  Students with Disabilities Program, pursuant to this section.

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

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

20  Students with Disabilities Program is established to provide

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

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

23  school of choice, for students with disabilities for whom an

24  individual education plan has been written in accordance with

25  rules of the State Board of Education. Students with

26  disabilities include K-12 students who are documented as

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

28  hearing impairment, including deafness; a visual impairment,

29  including blindness; a dual sensory impairment; a physical

30  impairment; a serious emotional disturbance, including an

31  emotional handicap; a specific learning disability, including,

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

 2  aphasia; a traumatic brain injury; or autism mentally

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

 4  hearing, visually impaired, dual sensory impaired, physically

 5  impaired, emotionally handicapped, specific learning disabled,

 6  hospitalized or homebound, or autistic.

 7         (2)  SCHOLARSHIP ELIGIBILITY; PROHIBITIONS.--

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

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

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

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

12  accordance with this section if:

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

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

15  attendance at a Florida public school or the Florida School

16  for the Deaf and the Blind. Prior school year in attendance

17  means that the student was:

18         a.  Enrolled and reported by a school district for

19  funding during the preceding October and February Florida

20  Education Finance Program surveys in kindergarten through

21  grade 12; or.

22         b.  Enrolled and reported by the Florida School for the

23  Deaf and the Blind during the preceding October and February

24  student membership surveys in kindergarten through grade 12.

25  Prior school year in attendance does not include the period of

26  time that the student was enrolled in a school operating for

27  the purposes of providing educational services to youth in a

28  commitment program of the Department of Juvenile Justice.

29  However, this subparagraph paragraph does not apply to a

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

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

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

 2  of station orders. A dependent child of a member of the United

 3  States Armed Forces who transfers to a school in this state

 4  from out of state or from a foreign country pursuant to a

 5  parent's permanent change of station orders must meet all

 6  other eligibility requirements to participate in the program.

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

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

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

10  of Education school district of the request for a scholarship

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

12  payment. The parental notification must be through a

13  communication directly to the district or through the

14  Department of Education to the district in a manner that

15  creates a written or electronic record of the notification and

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

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

18  upon receipt of the parent's notification.

19  

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

21  school operating for the purpose of providing educational

22  services to youth in Department of Juvenile Justice commitment

23  programs. For purposes of continuity of educational choice,

24  the scholarship shall remain in force until the student

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

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

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

28  private school and place the student in another private school

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

30  public school as provided in subsection (3).

31  

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

 2  under this section if he or she:

 3         1.  Receives a scholarship from an eligible

 4  scholarship-funding organization under s. 220.187.

 5         2.  Receives an opportunity scholarship under s.

 6  1002.38.

 7         3.  Participates in a home education program as defined

 8  in s. 1002.01(1).

 9         4.  Receives instruction from a correspondence school

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

11  participates in distance learning courses.

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

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

14  location.

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

16  of providing educational services to youth in commitment

17  programs of the Department of Juvenile Justice.

18  

19  Notwithstanding the prohibition set forth in subparagraph 4.,

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

21  participate in a distance learning course, a private tutoring

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

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

24  funds provided under this section.

25         (3)  SCHOOL DISTRICT AND DEPARTMENT OF EDUCATION

26  OBLIGATIONS.--

27         (a)  The Department of Education A school district

28  shall timely notify the parent of each public school the

29  student of all options available pursuant to this section and

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

31  student in another public school within the district. The

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

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

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

 4  student may continue attending a public school chosen by the

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

 6  parent chooses a public school consistent with the district

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

 8  district shall provide transportation to the public school

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

10  transportation to a public school chosen that is not

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

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

13  notification means notification no later than April 1 of each

14  school year.

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

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

17  district must complete a matrix that assigns the student to

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

19  2000-2001 school year.

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

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

22  McKay Scholarships for Students with Disabilities Program and

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

24  matrix level within 30 days after receiving notification by

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

26  parent of intent to participate in the scholarship program.

27  The nature and intensity of the services indicated in the

28  matrix must be consistent with the services described in the

29  student's individual education plan.

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

31  only if the change is to:

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

 2  error; or

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

 4  individual education plan completed by the public school

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

 6  enrolling in or attending a private school.

 7         3.  The Department of Education shall notify the

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

 9  after receiving the school district's notification of the

10  student's matrix level.

11         4.  Within 10 school days after it receives

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

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

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

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

16  this paragraph.

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

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

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

20  student must notify the Department of Education school

21  district 60 days prior to the first scholarship payment and

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

23  the scholarship when a space becomes available for the student

24  in the private school.

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

26  alternative, to enroll the student in and transport the

27  student to a public school in an adjacent school district

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

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

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

31  and report the student to the Department of Education for

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

 2  Education Finance Program.

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

 4  the John M. McKay Scholarships for Students with Disabilities

 5  Program whose parent requests that the student take the

 6  statewide assessments under s. 1008.22, the district shall

 7  provide locations and times to take all statewide assessments.

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

 9  Education must notify the school district upon receipt of the

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

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

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

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

14  after its completion.

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

16  provide notification to parents of the availability of a

17  reassessment of each student who receives a McKay Scholarship.

18         (4)  PRIVATE SCHOOL ELIGIBILITY; REGISTRATION;

19  PROHIBITIONS.--

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

21  Scholarships for Students with Disabilities Program, a private

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

23  1002.01(2), may be sectarian or nonsectarian, and must:

24         1.(a)  Demonstrate fiscal soundness by being in

25  operation for at least 3 school years or obtaining a surety

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

27  scholarship funds for any quarter and filing the surety bond

28  or letter of credit with 1 school year or provide the

29  Department of Education.

30  

31  

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 1         2.  Annually register with the Department of Education.

 2  Each owner or administrator of a private school must provide

 3  the following information:

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

 5  and business location of the private school;

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

 7  each owner or administrator of the private school; and

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

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

10  specify the grade levels and services that the private school

11  has available for students with disabilities who are

12  participating in the scholarship program. with a statement by

13  a certified public accountant confirming that the private

14  school desiring to participate is insured and the owner or

15  owners have sufficient capital or credit to operate the school

16  for the upcoming year serving the number of students

17  anticipated with expected revenues from tuition and other

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

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

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

21  with the department.

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

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

24  must specify the grade levels and services that the private

25  school has available for students with disabilities who are

26  participating in the scholarship program.

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

28  42 U.S.C. s. 2000d.

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

30  codes.

31  

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

 2  meeting the educational needs of the student.

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

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

 5  teaching experience in public or private schools, or have

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

 7  provide instruction in subjects taught.

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

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

10  s. 1002.42.

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

12  published disciplinary procedures prior to the expulsion of a

13  scholarship student.

14         9.  Provide the Department of Education with all

15  documentation required for each scholarship student's

16  participation in the scholarship program, including, but not

17  limited to:

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

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

20  materials, and each individual scholarship student's schedule

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

22  quarterly scholarship payment is made for the student; and

23         b.  The enrollment and attendance information,

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

25  scholarship student at the private school, prior to each

26  scholarship payment.

27  

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

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

30  the parents of each McKay Scholarship student in attendance at

31  the private school. The private school must maintain the

                                  19

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 1  completed notarized statements at the private school for each

 2  academic year. The completed notarized statements must be open

 3  to the Department of Education upon request.

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

 5  scholarship student regularly attends classes.

 6         11.a.  Advertise or notify potential McKay Scholarship

 7  students and parents of the specific types of disabilities

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

 9  Department of Education.

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

11  education plan.

12         12.  Require each McKay Scholarship student to

13  participate at least annually in a student assessment which,

14  as determined by the private school in consultation with the

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

16  skill level to the student's parents.

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

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

19  is determined by the private school.

20         14.  Notify the Department of Education of any change

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

22  change and notify the Department of Education within 15 days

23  after any other change in the registration information

24  submitted to the department.

25         15.  Notify each local health department within 15 days

26  after establishing operations at a physical location or

27  address and within 3 days after discovering any ongoing health

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

29         16.  Annually complete and file with the Department of

30  Education a sworn and notarized compliance statement in a form

31  

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

 2  Board of Education.

 3         17.  Accept scholarship students on a religion-neutral

 4  basis.  A private school may not discriminate against a

 5  student on the basis of the religion of the student, the

 6  parent, or the private school.

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

 8  McKay Scholarships for Students with Disabilities Program must

 9  ensure that all personnel who are hired or contracted to

10  provide services to fill positions requiring direct contact

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

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

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

14  of decisionmaking authority, or a position having access to

15  scholarship funds, undergo background screening pursuant to s.

16  435.04 by filing with the Department of Education a complete

17  set of fingerprints taken by an authorized law enforcement

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

19  take fingerprints. However, the complete set of fingerprints

20  for an owner of an eligible private school must be taken by an

21  authorized law enforcement agency. These fingerprints must be

22  submitted to the Department of Law Enforcement for state

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

24  Federal Bureau of Investigation for federal processing. The

25  Department of Education shall screen the background results

26  and report to the private school any person described in this

27  paragraph who fails to meet level 2 screening standards

28  pursuant to s. 435.04 or any person described in this

29  paragraph who has been convicted of a crime involving moral

30  turpitude. Any person described in this paragraph who is found

31  through fingerprint processing to have been convicted of a

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 1  crime involving moral turpitude or fails to meet level 2

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

 3  or engaged to provide services in any position in the private

 4  school requiring direct contact with students and may not

 5  assume an ownership position, a position of decisionmaking

 6  authority, or a position having access to scholarship funds.

 7  The cost of the background screening may be borne by the

 8  private school, the employee, the person engaged to provide

 9  services, or the owner.

10         1.  Every 5 years each person described in this

11  paragraph must meet level 2 screening requirements as

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

13  Education shall request the Department of Law Enforcement to

14  forward the fingerprints to the Federal Bureau of

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

16  person described in this paragraph are not retained by the

17  Department of Law Enforcement under subparagraph 2., the

18  person must file a complete set of fingerprints with the

19  Department of Education. Upon submission of fingerprints for

20  this purpose, the Department of Education shall request that

21  the Department of Law Enforcement forward the fingerprints to

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

23  the fingerprints must be retained by the Department of Law

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

25  federal criminal history check required by level 2 screening

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

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

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

29  inform the private school immediately if convicted of any

30  disqualifying offense while in a capacity with the private

31  school as described in this paragraph.

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 1         2.  Effective December 15, 2005, all fingerprints

 2  submitted to the Department of Law Enforcement as required by

 3  this paragraph shall be retained by the Department of Law

 4  Enforcement in a manner provided by rule and entered in the

 5  statewide automated fingerprint identification system

 6  authorized by s. 943.05(2)(b). Such fingerprints shall

 7  thereafter be available for all purposes and uses authorized

 8  for arrest fingerprint cards entered in the statewide

 9  automated fingerprint identification system under s. 943.051.

10         3.  Effective December 15, 2005, the Department of Law

11  Enforcement shall search all arrest fingerprint cards received

12  under s. 943.051 against the fingerprints retained in the

13  statewide automated fingerprint identification system under

14  subparagraph 2. Any arrest record that is identified with the

15  fingerprints of a person described in this paragraph must be

16  reported to the Department of Education. Each eligible private

17  school shall participate in this search process by paying an

18  annual fee to the Department of Education and by informing the

19  Department of Law Enforcement of any change in the status or

20  place of employment or engagement of services of its personnel

21  as described in this paragraph whose fingerprints are retained

22  under subparagraph 2. The Department of Law Enforcement shall

23  adopt a rule setting the amount of the annual fee to be

24  imposed upon each private school for performing these searches

25  and establishing the procedures for the retention of private

26  school personnel fingerprints and the dissemination of search

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

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

29  owner.

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

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

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 1  private school shall be immediately suspended from

 2  participating in the program and shall remain suspended until

 3  final resolution of any appeals. An eligible private school

 4  that employs or engages to provide services with a person

 5  described in this paragraph who fails to meet level 2

 6  screening standards or has been convicted of a crime involving

 7  moral turpitude may not participate in this program.

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

 9  McKay Scholarships for Students with Disabilities Program may

10  not:

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

12  scholarship student under the authority of a power of attorney

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

14  endorse scholarship warrants on behalf of parents.

15         2.  Send or direct McKay Scholarship funds to parents

16  of a scholarship student who receives instruction at home.

17         3.  Be a correspondence school or distance learning

18  school.

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

20  s. 1002.43.

21         5.  Accept a McKay Scholarship student until the sworn

22  and notarized compliance statement has been completed,

23  submitted to, and independently verified by the Department of

24  Education.

25         (d)  A participating private school may request that

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

27  closed-enrollment status in the McKay Scholarship program if

28  the school is no longer accepting new students with McKay

29  Scholarships. As used in this paragraph, the term

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

31  longer accepting any new student with a McKay Scholarship.

                                  24

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

 2  under this section and all applicable rules adopted by the

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

 4  student with a McKay Scholarship. The private school must

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

 6  Department of Education. The Department of Education may grant

 7  closed-enrollment status to a participating private school.

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

 9  longer than 1 school year.

10         (5)  OBLIGATION OF PROGRAM PARTICIPANTS.--

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

12  Scholarship is exercising his or her parental option to place

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

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

15  child.

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

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

18  payment.

19         (c)  Any student participating in the scholarship

20  program must remain in attendance throughout the school year,

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

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

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

24  scholarship program must comply fully with the private

25  school's parental involvement requirements, unless excused by

26  the school for illness or other good cause.

27         (e)  If the parent requests that the student

28  participating in the scholarship program take all statewide

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

30  responsible for transporting the student to the assessment

31  site designated by the school district.

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

 2  to whom the warrant is made must restrictively endorse the

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

 4  the private school.

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

 6  scholarship program may not designate any participating

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

 8  scholarship warrant.

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

10  subsection forfeits the scholarship.

11         (6)  SCHOLARSHIP FUNDING AND PAYMENT.--

12         (a)1.  The maximum scholarship granted for an eligible

13  student with disabilities shall be a calculated amount

14  equivalent to the base student allocation in the Florida

15  Education Finance Program multiplied by the appropriate cost

16  factor for the educational program that would have been

17  provided for the student in the district school to which he or

18  she was assigned, multiplied by the district cost

19  differential.

20         2.  In addition, a share of the guaranteed allocation

21  for exceptional students shall be determined and added to the

22  calculated amount.  The calculation shall be based on the

23  methodology and the data used to calculate the guaranteed

24  allocation for exceptional students for each district in

25  chapter 2000-166, Laws of Florida.  Except as provided in

26  subparagraph 4. 3., the calculation shall be based on the

27  student's grade, matrix level of services, and the difference

28  between the 2000-2001 basic program and the appropriate level

29  of services cost factor, multiplied by the 2000-2001 base

30  student allocation and the 2000-2001 district cost

31  differential for the sending district.  Also, the calculated

                                  26

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 1  amount shall include the per-student share of supplemental

 2  academic instruction funds, instructional materials funds,

 3  technology funds, and other categorical funds as provided for

 4  such purposes in the General Appropriations Act.

 5         3.  The calculated scholarship amount for a student who

 6  has spent the prior school year in attendance at the Florida

 7  School for the Deaf and the Blind shall be calculated as

 8  provided in subparagraphs 1. and 2. However, the calculation

 9  shall be based on the school district in which the parent

10  resides at the time that the intent is filed by the parent.

11         4.3.  Until the school district completes the matrix

12  required by paragraph (3)(b), the calculation shall be based

13  on the matrix that assigns the student to support level I of

14  service as it existed prior to the 2000-2001 school year.

15  When the school district completes the matrix, the amount of

16  the payment shall be adjusted as needed.

17         (d)1.  The school district shall report to the

18  Department of Education all students who are attending a

19  private school under this program. The students with

20  disabilities attending private schools on John M. McKay

21  Scholarships shall be reported separately from other students

22  reported for purposes of the Florida Education Finance

23  Program.

24         2.  For program participants who are eligible under

25  sub-subparagraph (2)(a)1.b., the school district, which is

26  used as the basis for the calculation of the scholarship

27  amount as provided in subparagraph (6)(a)3., shall:

28         a.  Report to the Department of Education all such

29  students who are attending a private school under this

30  program; and

31  

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 1         b.  Be held harmless for such students from the

 2  weighted enrollment ceiling for group 2 programs in s.

 3  1011.62(1)(d)3.a. during the first school year in which the

 4  students are reported.

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

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

 7  participants, the Department of Education shall transfer, from

 8  General Revenue funds only, the amount calculated under

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

10  entitlement under the Florida Education Finance Program and

11  from authorized categorical accounts to a separate account for

12  the scholarship program for quarterly disbursement to the

13  parents of participating students. Funds may not be

14  transferred from any funding provided to the Florida School

15  for the Deaf and the Blind for program participants who are

16  eligible under sub-subparagraph (2)(a)1.b. When a student

17  enters the scholarship program, the Department of Education

18  must receive all documentation required for the student's

19  participation, including, but not limited to, the private

20  school's and student's fee schedules, at least 30 days before

21  the first quarterly scholarship payment is made for the

22  student. The Department of Education may not make any

23  retroactive payments.

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

25         (a)  The Department of Education shall perform the

26  following duties:

27         1.  Review for compliance all documentation required

28  for each scholarship student's participation, including,

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

30  student's fee schedule.

31  

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 1         2.  Verify the admission acceptance of each scholarship

 2  student to an eligible private school prior to the initial

 3  scholarship payment.

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

 5  enrollment and attendance of each scholarship student at the

 6  private school and that the scholarship student is not:

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

 8  1002.38.

 9         b.  Participating in a home education program as

10  defined in s. 1002.01(1).

11         c.  Participating in instruction delivered by a

12  correspondence school, private tutoring program as defined in

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

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

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

16  providing education services to youth in commitment programs

17  of the Department of Juvenile Justice.

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

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

20         4.  Administer and prescribe an annual sworn and

21  notarized compliance statement for each participating private

22  school and independently verify the information provided by

23  each participating private school.

24         5.  Review all results of the background checks

25  performed pursuant to subsection (4). The department shall

26  establish a record of all requests for background screening

27  and timely provide to the owner of the private school the

28  qualifying or disqualifying status of the employee or

29  applicant.

30         6.  Determine the eligibility of a private school to

31  accept McKay Scholarship students, based upon independent

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 1  verification that the private school meets all the

 2  requirements in this section and all applicable rules adopted

 3  by the State Board of Education.

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

 5  schools.

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

 7  list of eligible private schools within 10 days after the

 8  private school is determined to be eligible to participate in

 9  the McKay Scholarship program.

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

11  eligible private schools any school that is determined by the

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

13  provided for in paragraph (b).

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

15  eligible private schools any school that is determined by the

16  Department of Education to be an ineligible school, as

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

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

19  to allow the participation of any private school if it

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

21  administrators has failed to meet the requirements for initial

22  application or renewal as provided in this section.

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

24  of noncompliance pursuant to s. 120.695 to any participating

25  private school that violates any of the provisions of this

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

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

28  private school fails to satisfy the requirements specified in

29  the notice of noncompliance within 30 days after its receipt

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

31  emergency order revoking the registration of the participating

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 1  private school. The Department of Education shall issue an

 2  emergency order to immediately revoke the registration of a

 3  participating private school for a violation that is not a

 4  minor violation as defined in s. 120.695.

 5         (d)  The Department of Education shall revoke the

 6  scholarship for a participant who fails to comply with the

 7  requirements in subsection (5) or who:

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

 9  1002.38.

10         2.  Participates in a home education program as defined

11  in s. 1002.01(1).

12         3.  Participates in instruction delivered by a

13  correspondence school, a private tutoring program as defined

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

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

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

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

18  location.

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

20  providing educational services to youth in commitment programs

21  of the Department of Juvenile Justice.

22         (e)  The Department of Education shall conduct an

23  investigation of any written complaint of a violation of this

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

25  legally sufficient. A complaint is legally sufficient if it

26  contains ultimate facts that show that a violation of this

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

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

29  Department of Education may require supporting information or

30  documentation. The Department of Education may investigate any

31  

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 1  complaint, including, but not limited to, anonymous

 2  complaints.

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

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

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

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

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

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

 9  calculation error; or

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

11  student's individual education plan completed by the school

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

13  enrolling in or attending a private school.

14  

15  The department must report any change made under this

16  paragraph to the school district and the parent of the

17  student.

18         (8)  OBLIGATIONS OF THE AUDITOR

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

20  Auditor General must include in the operational audit of the

21  Department of Education the John M. McKay Scholarships for

22  Students with Disabilities Program. The Auditor General must

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

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

25  private schools participating in the John M. McKay

26  Scholarships for Students with Disabilities Program. The

27  purpose of the site visits is solely to verify student

28  enrollment and other information reported by the private

29  schools as required by rules of the State Board of Education.

30  

31  

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 1         (9)(7)  LIABILITY.--No liability shall arise on the

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

 3  Scholarship.

 4         (10)(8)  RULES.--The State Board of Education shall

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

 6  administer this section, including rules that school districts

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

 8  based on a current individual education plan from another

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

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

11  States Armed Forces. The rules must identify the appropriate

12  school district personnel who must complete the matrix of

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

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

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

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

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

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

19  orders. The rules must include provisions for:

20         (a)  Administering the annual sworn and notarized

21  compliance statement to all participating private schools;

22         (b)  Establishing procedures for schools to request

23  closed-enrollment and active status;

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

25  school district and the department;

26         (d)  Implementing the requirement that a private school

27  timely notify the Department of Education of material changes

28  to the school's registration information;

29         (e)  Establishing attendance-verification procedures

30  and forms; and

31  

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 1         (f)  Establishing procedures for determining student

 2  eligibility and approving scholarships.

 3  

 4  The rules related to the annual sworn and notarized compliance

 5  statement shall establish a deadline for the receipt of the

 6  initial sworn and notarized compliance statement from the

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

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

 9  included in a subsequent annual sworn and notarized compliance

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

11  private school. However, the inclusion of eligible private

12  schools within options available to Florida public school

13  students does not expand the regulatory authority of the

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

15  additional regulation of private schools beyond those

16  reasonably necessary to enforce requirements expressly set

17  forth in this section.

18         Section 2.  The State Board of Education shall initiate

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

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

21  report to the presiding officers of the Legislature by

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

23  this act.

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

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

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

27  Florida Statutes:

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

29  Scholarship Program under section 1002.39, Florida Statutes;

30  and

31  

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

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

 3  Statutes.

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

 5  Statutes, a private school that meets the requirements in

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

 7  student.

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

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

10  action taken by the Department of Education for any violation

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

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

13  Education following the date on which the action was taken

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

15  Florida Statutes, but prior to receiving the next quarterly

16  payment;

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

18  Education for 2 additional consecutive years thereafter; and

19         (c)  May not accept new McKay Scholarship students

20  until the private school complies with all the requirements in

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

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

23  of Education.

24         Section 4.  Section 220.187, Florida Statutes, is

25  amended to read:

26         220.187  Credits for contributions to nonprofit

27  scholarship-funding organizations.--

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

29  Scholarship Program."

30         (2)(1)  PURPOSE.--The purpose of this section is to:

31  

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 1         (a)  Encourage private, voluntary contributions to

 2  nonprofit scholarship-funding organizations.

 3         (b)  Expand educational opportunities for children of

 4  families that have limited financial resources.

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

 6  level of excellence in their education.

 7         (3)(2)  DEFINITIONS.--As used in this section, the

 8  term:

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

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

11  contribution from a taxpayer, subject to the restrictions

12  provided in this section, to an eligible nonprofit

13  scholarship-funding organization. The taxpayer making the

14  contribution may not designate a specific child as the

15  beneficiary of the contribution. The taxpayer may not

16  contribute more than $5 million to any single eligible

17  nonprofit scholarship-funding organization.

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

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

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

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

22  (6). An eligible private school:

23         1.  Must maintain a physical location in this state

24  where each scholarship student regularly attends classes.

25         2.  May not be a correspondence school or distance

26  learning school.

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

28  parent of a scholarship student who receives instruction under

29  the program at home.

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

31  s. 1002.01(1).

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

 2  in s. 1002.43.

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

 4  organization" means a charitable organization that is exempt

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

 6  Internal Revenue Code, is incorporated under laws of this

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

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

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

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

11  with equivalent decisionmaking authority who owns, operates,

12  or administers an eligible nonprofit scholarship-funding

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

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

15  scholarship funds or eligible contributions at an eligible

16  nonprofit scholarship-funding organization or eligible private

17  school.

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

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

20  School Lunch Act and who:

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

22  during the previous state fiscal year for purposes of state

23  per-student funding;

24         2.  Received a scholarship from an eligible nonprofit

25  scholarship-funding organization during the previous school

26  year; or

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

28  

29  A student may continue in the scholarship program as long as

30  the family income level does not exceed 200 percent of the

31  federal poverty level. A student who was enrolled in a school

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 1  operating for the purpose of providing educational services to

 2  youth in a commitment program of the Department of Juvenile

 3  Justice shall not be counted as a full-time equivalent student

 4  for the previous state fiscal year for purposes of state

 5  per-student funding under this program. A student is not

 6  eligible to receive a scholarship under this section if the

 7  student is participating in the Opportunity Scholarship

 8  Program under s. 1002.38, the John M. McKay Scholarships for

 9  Students with Disabilities Program under s. 1002.39, or a home

10  education program as defined in s. 1002.01(1) or is enrolled

11  in a school operating for the purpose of providing educational

12  services to youth in commitment programs of the Department of

13  Juvenile Justice. A student is not eligible to receive a

14  scholarship from more than one eligible nonprofit

15  scholarship-funding organization at the same time.

16         (4)(3)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX

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

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

19  eligible contribution against any tax due for a taxable year

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

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

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

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

24  statewide amount authorized for the tax credit shall be

25  reserved for taxpayers who meet the definition of a small

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

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

28  difference between the amount of federal corporate income tax

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

30  amount of federal corporate income tax without application of

31  the credit granted by this section.

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

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

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

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

 5  amount authorized for the tax credit must be reserved for

 6  taxpayers that are small businesses as defined in s.

 7  288.703(1) at the time of application.

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

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

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

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

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

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

14  2005, a taxpayer may rescind its application for tax credit

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

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

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

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

19  taxpayer receives notice from the Department of Revenue that

20  the rescindment application has been accepted by the

21  Department of Revenue, the taxpayer has not previously

22  rescinded its application for tax credit under this section

23  more than once in the previous 3 tax years, and the taxpayer

24  rescinds before the end of the taxpayer's tax year for which

25  the credit was approved. Any amount rescinded under this

26  paragraph shall become available to an eligible taxpayer on a

27  first-come, first-served basis based on tax credit

28  applications received after the date the rescindment is

29  accepted by the Department of Revenue.

30         (5)(4)  OBLIGATIONS OF ELIGIBLE NONPROFIT

31  SCHOLARSHIP-FUNDING ORGANIZATIONS.--

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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

 5  obligate, in the same fiscal year in which the contribution

 6  was received, spend 100 percent of the eligible contribution

 7  to provide scholarships in that the same or immediately

 8  following state fiscal year in which the contribution was

 9  received. No portion of eligible contributions may be used for

10  administrative expenses. All interest accrued from

11  contributions must be used for scholarships.

12         (f)  An eligible nonprofit scholarship-funding

13  organization that receives eligible contributions must, within

14  180 days after the end of the organization's fiscal year,

15  provide to the Auditor General and the Department of Education

16  an annual financial and compliance audit of its accounts and

17  records conducted by an independent certified public

18  accountant and in accordance with rules adopted by the Auditor

19  General. The Auditor General shall review all audit reports

20  submitted pursuant to this section. The Auditor General shall

21  request any significant items that were omitted in violation

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

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

24  eligible nonprofit scholarship-funding organization does not

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

26  shall notify the Legislative Auditing Committee. The

27  Legislative Auditing Committee may schedule a hearing. If a

28  hearing is scheduled, the committee shall determine if the

29  eligible nonprofit scholarship-funding organization should be

30  subject to further state action. If the committee determines

31  that the eligible nonprofit scholarship-funding organization

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

 2  notify the Department of Education, which shall terminate the

 3  eligibility of the eligible nonprofit scholarship-funding

 4  organization to participate in the program under this section.

 5         (g)  An eligible nonprofit scholarship-funding

 6  organization shall make payment of the scholarship, at a

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

 8  the eligible nonprofit scholarship-funding organization shall

 9  be by individual warrant or check made payable to the

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

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

12  check must be mailed by the eligible nonprofit

13  scholarship-funding organization to the private nonpublic

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

15  restrictively endorse the warrant or check to the private

16  nonpublic school. An eligible nonprofit scholarship-funding

17  organization shall ensure that, upon receipt of a scholarship

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

19  made restrictively endorses the warrant or check to the

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

21  into the account of the private nonpublic school.

22         (h)  An eligible nonprofit scholarship-funding

23  organization may not commingle scholarship funds with any

24  other funds and must maintain a separate account for

25  scholarship funds.

26         (i)  An eligible nonprofit scholarship-funding

27  organization shall obtain verification from a private school

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

29  prior to each scholarship payment.

30         (j)  An eligible nonprofit scholarship-funding

31  organization must verify the income of all scholarship

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 1  applicants participating in the program at least once each

 2  school year through independent income documentation as

 3  provided in rules of the State Board of Education.

 4         (k)  An eligible nonprofit scholarship-funding

 5  organization must prepare and submit quarterly reports to the

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

 7  addition, an eligible nonprofit scholarship-funding

 8  organization must timely submit to the Department of Education

 9  any information requested by the Department of Education

10  relating to the scholarship program.

11         (l)  All owners of an eligible nonprofit

12  scholarship-funding organization shall, upon employment or

13  engagement to provide services, undergo background screening

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

15  Education a complete set of fingerprints taken by an

16  authorized law enforcement agency or an employee of the

17  eligible nonprofit scholarship-funding organization who is

18  trained to take fingerprints. These fingerprints shall be

19  submitted to the Department of Law Enforcement for state

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

21  Federal Bureau of Investigation for federal processing. The

22  Department of Education shall screen the background results

23  and report to the eligible nonprofit scholarship-funding

24  organization any owner who fails to meet level 2 screening

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

26  convicted of a crime involving moral turpitude. Owners found

27  through fingerprint processing to have been convicted of a

28  crime involving moral turpitude or failing to meet level 2

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

30  or engaged to provide services in any position with the

31  eligible nonprofit scholarship-funding organization. The cost

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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 being in operation

23  for at least 3 school years or obtaining a surety bond or

24  letter of credit for the amount equal to the scholarship funds

25  for any quarter and filing the surety bond or letter of credit

26  with one school year or provide the Department of Education.

27  with a statement by a certified public accountant confirming

28  that the nonpublic school desiring to participate is insured

29  and the owner or owners have sufficient capital or credit to

30  operate the school for the upcoming year serving the number of

31  students anticipated with expected revenues from tuition and

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

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

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

 4  with the department.

 5         (b)  Comply with the antidiscrimination provisions of

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

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

 8  codes.

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

10  regulation of private nonpublic schools.

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

12  and direct contact with each student receiving a scholarship

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

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

15  least 3 years' of teaching experience in public or private

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

17  qualifies them to provide instruction in subjects taught. As

18  part of the sworn-compliance form authorized under subsection

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

20  of Education the number of teachers employed or under contract

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

22  which the teacher meets the requirements of this paragraph.

23         (f)  Annually register with the Department of

24  Education. Each eligible private school must annually provide

25  the following information to the Department of Education:

26         1.  The legal business and trade names, mailing

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

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

29  numbers of an owner of the eligible private school;

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

31  receiving a scholarship under this section; and

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

 2  intent to participate in the program under this section.

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

 4  contracted to provide services to fill positions requiring

 5  direct contact with students in the eligible private school,

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

 7  employment or engagement to provide services, undergo

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

 9  Department of Education a complete set of fingerprints taken

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

11  eligible private school who is trained to take fingerprints.

12  However, the complete set of fingerprints for an owner of an

13  eligible private school must be taken by an authorized law

14  enforcement agency. These fingerprints shall be submitted to

15  the Department of Law Enforcement for state processing, which

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

17  Investigation for federal processing. The Department of

18  Education shall screen the background results and report to

19  the eligible private school any person described in this

20  paragraph who fails to meet level 2 screening standards

21  pursuant to s. 435.04 or any person described in this

22  paragraph who has been convicted of a crime involving moral

23  turpitude. Any person described in this paragraph who is found

24  through fingerprint processing to have been convicted of a

25  crime involving moral turpitude or fails to meet level 2

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

27  or engaged to provide services in any position in the eligible

28  private school requiring direct contact with students and may

29  not assume an ownership position. The cost of the background

30  screening may be borne by the eligible private school, the

31  

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

 2  owner.

 3         1.  Every 5 years each person described in this

 4  paragraph must meet level 2 screening requirements as

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

 6  Education shall request the Department of Law Enforcement to

 7  forward the fingerprints to the Federal Bureau of

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

 9  person described in this paragraph are not retained by the

10  Department of Law Enforcement under subparagraph 2., the

11  person must file a complete set of fingerprints with the

12  Department of Education. Upon submission of fingerprints for

13  this purpose, the Department of Education shall request the

14  Department of Law Enforcement to forward the fingerprints to

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

16  the fingerprints shall be retained by the Department of Law

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

18  federal criminal history check required by level 2 screening

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

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

21  penalty of perjury, each person described in this paragraph

22  must agree to inform the eligible private school immediately

23  if convicted of any disqualifying offense while in a capacity

24  with the eligible private school as described in this

25  paragraph.

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 the

10  fingerprints of a person described in this paragraph shall be

11  reported to the Department of Education. Each eligible private

12  school shall participate in this search process by paying an

13  annual fee to the Department of Education and by informing the

14  Department of Law Enforcement of any change in the status or

15  place of employment or engagement of services of its personnel

16  as described in this paragraph whose fingerprints are retained

17  under subparagraph 2. The Department of Law Enforcement shall

18  adopt a rule setting the amount of the annual fee to be

19  imposed upon each eligible private school for performing these

20  searches and establishing the procedures for the retention of

21  eligible private school personnel fingerprints and the

22  dissemination of search results. The fee may be borne by the

23  eligible private school, the employee, the person engaged to

24  provide services, or the owner.

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

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

27  private school shall be immediately suspended from

28  participating in the program and shall remain suspended until

29  final resolution of any appeals. An eligible private school

30  that employs or engages to provide services with a person

31  described in this paragraph who fails to meet level 2

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 1  screening standards or has been convicted of a crime involving

 2  moral turpitude may not participate in this program.

 3         (h)  Annually administer or make provisions for

 4  scholarship students to take one of the nationally

 5  norm-referenced tests identified by the State Board of

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

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

 8  Department of Education.

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

10  affidavit requirements as provided in subsection (9).

11         (j)  Timely notify in writing the Department of

12  Education and the eligible nonprofit scholarship-funding

13  organization if a qualified student is ineligible to

14  participate in the scholarship program.

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

16  the scholarship applicants of the eligible private school if

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

18  or less.

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

20  the scholarship applicants of the eligible private school:

21         1.  Whether the eligible private school is accredited

22  by an in state or regional accrediting association that is

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

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

25         2.  The name of the accrediting association that

26  accredits the eligible private school; and

27         3.  Whether the eligible private school is in the

28  process of receiving candidate status.

29  

30  The Department of Education shall make the annual list of

31  accredited and nonaccredited eligible private schools

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

 2  county.

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

 4  eligible private school that fails to comply with this section

 5  is ineligible to participate in the scholarship program under

 6  this section.

 7         (n)  Accept scholarship students on a religious-neutral

 8  basis. A private school may not discriminate against a student

 9  on the basis of the religion of the student, the parent, or

10  the private school.

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

12  Department of Education shall:

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

14  Revenue a list of eligible nonprofit scholarship-funding

15  organizations that meet the requirements of this section.

16         (b)  Annually determine the eligibility of nonprofit

17  scholarship-funding organizations that meet the requirements

18  of this section. The Department of Education must determine

19  the eligibility of the nonprofit scholarship-funding

20  organization within 90 days after the nonprofit

21  scholarship-funding organization's application for approval to

22  participate in the program. The Department of Education must

23  provide written notice of approval or denial to participate in

24  the program to the nonprofit scholarship-funding organization.

25  The notice must contain the specific reasons for approval or

26  denial.

27         (c)  Annually determine the eligibility of private

28  schools that meet the requirements of this section. The

29  Department of Education must maintain a list of eligible

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

31  public.

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 1         (d)  Annually verify the eligibility of students that

 2  meet the requirements of this section. The Department of

 3  Education must maintain a database of students participating

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

 5  quarterly, update its database to ensure that a student

 6  continues to meet the requirements of this section. The

 7  Department of Education must timely notify an eligible

 8  nonprofit scholarship-funding organization of any student that

 9  fails to meet the requirements of this section.

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

11  expenditures under this section.

12         (f)  Annually review all audit reports of eligible

13  nonprofit scholarship-funding organizations for compliance

14  with this section.

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

16  affidavits from private schools certifying compliance with

17  this section.

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

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

20  the Florida Comprehensive Assessment Test. The State Board of

21  Education may not identify more than three norm-referenced

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

23  State Board of Education may select the Florida Comprehensive

24  Assessment Test for use in meeting the requirements of this

25  section. The Department of Education must report annually on

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

27  must analyze and report student performance data, including

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

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

30  1232g and must not disaggregate data to a level that will

31  disclose the identity of students.

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 1         (i)  The Department of Education shall conduct an

 2  investigation of any written complaint of a violation of this

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

 4  legally sufficient. A complaint is legally sufficient if it

 5  contains ultimate facts that show that a violation of this

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

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

 8  Department of Education may require supporting information or

 9  documentation. The Department of Education may investigate any

10  complaint, including, but not limited to, anonymous

11  complaints.

12         (j)  Revoke the eligibility of a nonprofit

13  scholarship-funding organization, private school, or student

14  to participate in the program for noncompliance with this

15  section.

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

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

18  Representatives the Department of Education's actions with

19  respect to implementing accountability in the scholarship

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

21  substantiated allegations or violations of law or rule by an

22  eligible nonprofit scholarship-funding organization or

23  eligible private school under this program and the corrective

24  action taken by the Department of Education.

25         (l)  Establish a record of all requests for background

26  screening pursuant to subsections (5) and (7) and timely

27  provide to the nonprofit scholarship-funding organization and

28  the owner of the eligible private school the qualifying or

29  disqualifying status of the employee or applicant.

30         (9)(7)  ADMINISTRATION; RULES.--

31  

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

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

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

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

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

 6  amount of tax credit must submit an application for allocation

 7  of tax credits or carryforward credits as required in

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

 9  carryforward. The total amount of tax credits and carryforward

10  of tax credits granted each state fiscal year under this

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

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

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

14  this section to another entity unless all of the assets of the

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

16  transaction.

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

18  section shall be submitted to the Department of Revenue on

19  forms established by rule of the Department of Revenue.

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

21  Education shall develop a cooperative agreement to assist in

22  the administration of this section. The Department of

23  Education shall be responsible for annually submitting, by

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

25  scholarship-funding organizations that meet the requirements

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

27  nonprofit scholarship-funding organizations that meet the

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

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

30  eligibility of expenditures under this section as provided in

31  subsection (4).

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 1         (d)  The Department of Revenue shall adopt rules

 2  necessary to administer this section, including rules

 3  establishing application forms and procedures and governing

 4  the allocation of tax credits and carryforward credits under

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

 6         (e)  The State Board of Education Department of

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

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

 9         1.  Determining necessary to determine eligibility of

10  nonprofit scholarship-funding organizations and private

11  schools;

12         2.  Identifying as defined in paragraph (2)(d) and

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

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

15         3.  Requiring documentation to establish eligibility

16  for nonprofit scholarship-funding organizations;

17         4.  Requiring an affidavit, which comports with this

18  section's requirements for private schools that participate in

19  the scholarship program; and

20         5.  Requiring independent income-verification

21  documentation to establish student eligibility under this

22  section.

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

24  authority under this section to the Commissioner of Education

25  with the exception of rulemaking authority.

26         (10)(8)  DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All

27  eligible contributions received by an eligible nonprofit

28  scholarship-funding organization shall be deposited in a

29  manner consistent with s. 17.57(2).

30         Section 5.  If section 1002.39, Florida Statutes, the

31  John M. McKay Scholarships for Students with Disabilities

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 1  Program, is found to violate Section 3 of Article I, of the

 2  State Constitution, a nonsectarian private school may continue

 3  to participate in the program.

 4         Section 6.  This act shall take effect upon becoming a

 5  law.

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                             CS/SB 2

 3                                 

 4  The committee substitute for committee substitute for SB 2
    makes the following changes:
 5  
    1)   It requires that private schools participating in the
 6       McKay Scholarship Program or the Corporate Scholarship
         Program (CSP) demonstrate fiscal soundness by being in
 7       operation for at least 3 school years or obtaining a
         surety bond or letter of credit for the amount equal to
 8       the scholarship funds for any quarter and filing the
         surety bond or letter of credit with the Department of
 9       Education;

10  2)   Requires private schools operating in these programs to
         accept scholarship students on a religious-neutral basis;
11  
    3)   Requires the Department of Education to establish a
12       record of all requests for background screening and
         timely provide the owner of a private school the
13       qualifying or disqualifying status of the employee or
         applicant;
14  
    4)   Clarifies the purpose of random site visits of schools
15       participating in the McKay Scholarship Program by the
         Auditor General;
16  
    5)   Removes the $5 million limit on the amount of
17       contribution a taxpayer may make to a single scholarship
         funding organization;
18  
    6)   Provides the same teacher qualification requirements for
19       private schools participating in the CSP as for those in
         the McKay Scholarship Program;
20  
    7)   Allows a taxpayer to rescind its application for a credit
21       under the CSP even if a contribution has already been
         made.
22  
    8)   Allows a scholarship funding organization to obligate,
23       rather than spend, 100 percent of the eligible
         contributions it receives in a state fiscal year. The
24       contribution must be obligated to provide scholarships in
         that year or the next one.
25  
    10)  Provides that if the McKay Scholarship Program is found
26       to violate Section 3 of Article I of the State
         Constitution, a nonsectarian private school may continue
27       to participate in the program.

28  

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