Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 256
                        Barcode 283926
                            CHAMBER ACTION
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11  The Committee on Judiciary (Clary) recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 1002.39, Florida Statutes, is
19  amended to read:
20         1002.39  The John M. McKay Scholarships for Students
21  with Disabilities Program.--There is established a program
22  that is separate and distinct from the Opportunity Scholarship
23  Program and is named the John M. McKay Scholarships for
24  Students with Disabilities Program, pursuant to this section.
25         (1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
26  DISABILITIES PROGRAM.--The John M. McKay Scholarships for
27  Students with Disabilities Program is established to provide
28  the option to attend a public school other than the one to
29  which assigned, or to provide a scholarship to a private
30  school of choice, for students with disabilities for whom an
31  individual education plan has been written in accordance with
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 rules of the State Board of Education. Students with 2 disabilities include K-12 students who are documented as 3 having mental retardation; a mentally handicapped, speech or 4 and language impairment; a impaired, deaf or hard of hearing 5 impairment, including deafness; a visual impairment, including 6 blindness; a visually impaired, dual sensory impairment; a 7 physical impairment; a serious emotional disturbance, 8 including an emotional handicap; a impaired, physically 9 impaired, emotionally handicapped, specific learning 10 disability, including, but not limited to, dyslexia, 11 dyscalculia, or developmental aphasia; a traumatic brain 12 injury; disabled, hospitalized or homebound, or autism 13 autistic. 14 (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.--The parent 15 of a public school student with a disability who is 16 dissatisfied with the student's progress may request and 17 receive from the state a John M. McKay Scholarship for the 18 child to enroll in and attend a private school in accordance 19 with this section if: 20 (a) By assigned school attendance area or by special 21 assignment, The student has spent the prior school year in 22 attendance at a Florida public school or the Florida School 23 for the Deaf and the Blind. Prior school year in attendance 24 means that the student was: 25 1. Enrolled and reported by a school district for 26 funding during the preceding October and February Florida 27 Education Finance Program surveys in kindergarten through 28 grade 12, which shall include time spent in a Department of 29 Juvenile Justice commitment program if funded under the 30 Florida Education Finance Program; 31 2. Enrolled and reported by the Florida School for the 2 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 Deaf and the Blind during the preceding October and February 2 student membership surveys in kindergarten through grade 12; 3 or 4 3. Enrolled and reported by a school district for 5 funding during the preceding October and February Florida 6 Education Finance Program surveys, was at least 4 years old 7 when so enrolled and reported, and was eligible for services 8 under s. 1003.21(1)(e). 9 10 However, this paragraph does not apply to a dependent child of 11 a member of the United States Armed Forces who transfers to a 12 school in this state from out of state or from a foreign 13 country pursuant to a parent's permanent change of station 14 orders is exempt from this paragraph but. A dependent child of 15 a member of the United States Armed Forces who transfers to a 16 school in this state from out of state or from a foreign 17 country pursuant to a parent's permanent change of station 18 orders must meet all other eligibility requirements to 19 participate in the program. 20 (b) The parent has obtained acceptance for admission 21 of the student to a private school that is eligible for the 22 program under subsection (8) (4) and has requested from the 23 department notified the school district of the request for a 24 scholarship at least 60 days prior to the date of the first 25 scholarship payment. The request parental notification must be 26 through a communication directly to the department district or 27 through the Department of Education to the district in a 28 manner that creates a written or electronic record of the 29 request notification and the date of receipt of the request 30 notification. 31 3 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 This section does not apply to a student who is enrolled in a 2 school operating for the purpose of providing educational 3 services to youth in Department of Juvenile Justice commitment 4 programs. For purposes of continuity of educational choice, 5 the scholarship shall remain in force until the student 6 returns to a public school or graduates from high school. 7 However, at any time, the student's parent may remove the 8 student from the private school and place the student in 9 another private school that is eligible for the program under 10 subsection (4) or in a public school as provided in subsection 11 (3). 12 (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.--A student 13 is not eligible for a John M. McKay Scholarship while he or 14 she is: 15 (a) Enrolled in a school operating for the purpose of 16 providing educational services to youth in Department of 17 Juvenile Justice commitment programs; 18 (b) Receiving a corporate income tax credit 19 scholarship under s. 220.187; 20 (c) Receiving an educational scholarship pursuant to 21 this chapter; 22 (d) Participating in a home education program as 23 defined in s. 1002.01(1); 24 (e) Participating in a private tutoring program 25 pursuant to s. 1002.43; 26 (f) Participating in a virtual school, correspondence 27 school, or distance learning program that receives state 28 funding pursuant to the student's participation unless the 29 participation is limited to no more than two courses per 30 school year; 31 (g) Enrolled in the Florida School for the Deaf and 4 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 the Blind; or 2 (h) Not having regular and direct contact with his or 3 her private school teachers at the school's physical location. 4 (4) TERM OF JOHN M. MCKAY SCHOLARSHIP.-- 5 (a) For purposes of continuity of educational choice, 6 a John M. McKay Scholarship shall remain in force until the 7 student returns to a public school, graduates from high 8 school, or reaches the age of 22, whichever occurs first. 9 (b) Upon reasonable notice to the department and the 10 school district, the student's parent may remove the student 11 from the private school and place the student in a public 12 school in accordance with this section. 13 (c) Upon reasonable notice to the department, the 14 student's parent may move the student from one participating 15 private school to another participating private school. 16 (5)(3) SCHOOL DISTRICT AND DEPARTMENT OF EDUCATION 17 OBLIGATIONS; PARENTAL OPTIONS.-- 18 (a)1. By April 1 of each year and within 10 days after 19 an individual education plan meeting, a school district shall 20 timely notify the parent of the student of all options 21 available pursuant to this section, inform the parent of the 22 availability of the department's telephone hotline and 23 Internet website for additional information on John M. McKay 24 Scholarships, and offer that student's parent an opportunity 25 to enroll the student in another public school within the 26 district. 27 2. The parent is not required to accept the this offer 28 of enrolling in another public school in lieu of requesting a 29 John M. McKay Scholarship to a private school. However, if the 30 parent chooses the public school option, the student may 31 continue attending a public school chosen by the parent until 5 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 the student graduates from high school. 2 3. If the parent chooses a public school consistent 3 with the district school board's choice plan under s. 1002.31, 4 the school district shall provide transportation to the public 5 school selected by the parent. The parent is responsible to 6 provide transportation to a public school chosen that is not 7 consistent with the district school board's choice plan under 8 s. 1002.31. 9 (b)1. For a student with disabilities who does not 10 have a matrix of services under s. 1011.62(1)(e), the school 11 district must complete a matrix that assigns the student to 12 one of the levels of service as they existed prior to the 13 2000-2001 school year. 14 2.a. Within 10 school days after it receives 15 notification of a parent's request for a John M. McKay 16 Scholarship, a school district must notify the student's 17 parent if the matrix of services has not been completed and 18 inform the parent that the district is required to complete 19 the matrix within 30 days after receiving notice of the 20 parent's request for a John M. McKay Scholarship. This notice 21 should include the required completion date for the matrix. 22 b. The school district must complete the matrix of 23 services for any student who is participating in the John M. 24 McKay Scholarships for Students with Disabilities Program and 25 must notify the department of Education of the student's 26 matrix level within 30 days after receiving notification of a 27 request by the student's parent of intent to participate in 28 the scholarship program. The school district must provide the 29 student's parent with the student's matrix level within 10 30 school days after its completion. 31 c. The department of Education shall notify the 6 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 private school of the amount of the scholarship within 10 days 2 after receiving the school district's notification of the 3 student's matrix level. Within 10 school days after it 4 receives notification of a parent's intent to apply for a 5 McKay Scholarship, a district school board must notify the 6 student's parent if the matrix has not been completed and 7 provide the parent with the date for completion of the matrix 8 required in this paragraph. 9 d. A school district may change a matrix of services 10 only if the change is to correct a technical, typographical, 11 or calculation error. The Department of Education may not 12 change a matrix of services completed by a school district. 13 (c) A school district shall provide notification to 14 parents of the availability of a reevaluation at least every 3 15 years of each student who receives a John M. McKay 16 Scholarship. 17 (d)(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 school district 60 days 21 prior to the first scholarship payment and before entering the 22 private school in order to be eligible for the scholarship 23 when a space becomes available for the student in the private 24 school. 25 (e)(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 for purposes of the district's funding 7 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 pursuant to the Florida Education Finance Program. 2 (f)(e) For a student in the district who participates 3 in the John M. McKay Scholarships for Students with 4 Disabilities Program whose parent requests that the student 5 take the statewide assessments under s. 1008.22, the district 6 in which the student attends private school shall provide 7 locations and times to take all statewide assessments. 8 (f) A school district must notify the Department of 9 Education within 10 days after it receives notification of a 10 parent's intent to apply for a scholarship for a student with 11 a disability. A school district must provide the student's 12 parent with the student's matrix level within 10 school days 13 after its completion. 14 (6) DEPARTMENT OF EDUCATION OBLIGATIONS.--The 15 department shall: 16 (a) Establish a toll-free hotline that provides 17 parents and private schools with information on participation 18 in the John M. McKay Scholarships for Students with 19 Disabilities Program. 20 (b) Annually verify the eligibility of private schools 21 that meet the requirements of subsection (8). 22 (c) Establish a process by which individuals may 23 notify the department of any violation by a parent, private 24 school, or school district of state laws relating to program 25 participation. The department shall conduct an inquiry of any 26 written complaint of a violation of this section, or make a 27 referral to the appropriate agency for an investigation, if 28 the complaint is signed by the complainant and is legally 29 sufficient. A complaint is legally sufficient if it contains 30 ultimate facts that show that a violation of this section or 31 any rule adopted by the State Board of Education has occurred. 8 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 In order to determine legal sufficiency, the department may 2 require supporting information or documentation from the 3 complainant. A department inquiry is not subject to the 4 requirements of chapter 120. 5 (d) Require an annual, notarized, sworn compliance 6 statement by participating private schools certifying 7 compliance with state laws and shall retain such records. 8 (e) Cross-check the list of participating scholarship 9 students with the public school enrollment lists prior to the 10 first scholarship payment to avoid duplication. 11 (f)1. Conduct random site visits to private schools 12 participating in the John M. McKay Scholarships for Students 13 with Disabilities Program. The purpose of the site visits is 14 solely to verify the information reported by the schools 15 concerning the enrollment and attendance of students, the 16 credentials of teachers, background screening of teachers, and 17 teachers' fingerprinting results, which information is 18 required by rules of the State Board of Education, subsection 19 (8), and s. 1002.421. The Department of Education may not make 20 more than three random site visits each year and may not make 21 more than one random site visit each year to the same private 22 school. 23 2. Annually, by December 15, report to the Governor, 24 the President of the Senate, and the Speaker of the House of 25 Representatives the Department of Education's actions with 26 respect to implementing accountability in the scholarship 27 program under this section and s. 1002.421, any substantiated 28 allegations or violations of law or rule by an eligible 29 private school under this program concerning the enrollment 30 and attendance of students, the credentials of teachers, 31 background screening of teachers, and teachers' fingerprinting 9 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 results and the corrective action taken by the Department of 2 Education. 3 (7) COMMISSIONER OF EDUCATION AUTHORITY AND 4 OBLIGATIONS.-- 5 (a) The Commissioner of Education shall deny, suspend, 6 or revoke a private school's participation in the scholarship 7 program if it is determined that the private school has failed 8 to comply with the provisions of this section. However, in 9 instances in which the noncompliance is correctable within a 10 reasonable amount of time and in which the health, safety, or 11 welfare of the students are not threatened, the commissioner 12 may issue a notice of noncompliance which shall provide the 13 private school with a timeframe within which to provide 14 evidence of compliance prior to taking action to suspend or 15 revoke the private school's participation in the scholarship 16 program. 17 (b) The commissioner's determination is subject to the 18 following: 19 1. If the commissioner intends to deny, suspend, or 20 revoke a private school's participation in the scholarship 21 program, the department shall notify the private school of 22 such proposed action in writing by certified mail and regular 23 mail to the private school's address of record with the 24 department. The notification shall include the reasons for the 25 proposed action and notice of the timelines and procedures set 26 forth in this paragraph. 27 2. The private school that is adversely affected by 28 the proposed action shall have 15 days from receipt of the 29 notice of proposed action to file with the department's agency 30 clerk a request for a proceeding pursuant to ss. 120.569 and 31 120.57. If the private school is entitled to a hearing under 10 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 s. 120.57(1), the department shall forward the request to the 2 Division of Administrative Hearings. 3 3. Upon receipt of a request referred pursuant to this 4 paragraph, the director of the Division of Administrative 5 Hearings shall expedite the hearing and assign an 6 administrative law judge who shall commence a hearing within 7 30 days after the receipt of the formal written request by the 8 division and enter a recommended order within 30 days after 9 the hearing or within 30 days after receipt of the hearing 10 transcript, whichever is later. Each party shall be allowed 10 11 days in which to submit written exceptions to the recommended 12 order. A final order shall be entered by the agency within 30 13 days after the entry of a recommended order. The provisions of 14 this subparagraph may be waived upon stipulation by all 15 parties. 16 (c) The commissioner may immediately suspend payment 17 of scholarship funds if it is determined that there is 18 probable cause to believe that there is: 19 1. An imminent threat to the health, safety, or 20 welfare of the students; or 21 2. Fraudulent activity on the part of the private 22 school. 23 24 The commissioner's order suspending payment pursuant to this 25 paragraph may be appealed pursuant to the same procedures and 26 timelines as the notice of proposed action set forth in 27 paragraph (b). 28 (8)(4) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To 29 be eligible to participate in the John M. McKay Scholarships 30 for Students with Disabilities Program, a private school must 31 be a Florida private school, may be sectarian or nonsectarian, 11 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 and must: 2 (a) Comply with all requirements for private schools 3 participating in state school-choice scholarship programs 4 pursuant to s. 1002.421. 5 (b) Provide to the department all documentation 6 required for a student's participation, including the private 7 school's and student's fee schedules, at least 30 days before 8 the first quarterly scholarship payment is made for the 9 student. 10 (c) Be academically accountable to the parent for 11 meeting the educational needs of the student by: 12 1. At a minimum, annually providing to the parent a 13 written explanation of the student's progress. 14 2. Cooperating with the scholarship student whose 15 parent chooses to participate in the statewide assessments 16 pursuant to s. 1008.22. 17 (d) Maintain in this state a physical location where a 18 scholarship student regularly attends classes. 19 20 The inability of a private school to meet the requirements of 21 this subsection shall constitute a basis for the ineligibility 22 of the private school to participate in the scholarship 23 program as determined by the department. 24 (a) Demonstrate fiscal soundness by being in operation 25 for 1 school year or provide the Department of Education with 26 a statement by a certified public accountant confirming that 27 the private school desiring to participate is insured and the 28 owner or owners have sufficient capital or credit to operate 29 the school for the upcoming year serving the number of 30 students anticipated with expected revenues from tuition and 31 other sources that may be reasonably expected. In lieu of such 12 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 a statement, a surety bond or letter of credit for the amount 2 equal to the scholarship funds for any quarter may be filed 3 with the department. 4 (b) Notify the Department of Education of its intent 5 to participate in the program under this section. The notice 6 must specify the grade levels and services that the private 7 school has available for students with disabilities who are 8 participating in the scholarship program. 9 (c) Comply with the antidiscrimination provisions of 10 42 U.S.C. s. 2000d. 11 (d) Meet state and local health and safety laws and 12 codes. 13 (e) Be academically accountable to the parent for 14 meeting the educational needs of the student. 15 (f) Employ or contract with teachers who hold 16 baccalaureate or higher degrees, or have at least 3 years of 17 teaching experience in public or private schools, or have 18 special skills, knowledge, or expertise that qualifies them to 19 provide instruction in subjects taught. 20 (g) Comply with all state laws relating to general 21 regulation of private schools. 22 (h) Adhere to the tenets of its published disciplinary 23 procedures prior to the expulsion of a scholarship student. 24 (9)(5) PARENT AND STUDENT RESPONSIBILITIES FOR 25 OBLIGATION OF PROGRAM PARTICIPATION PARTICIPANTS.--A parent 26 who applies for a John M. McKay Scholarship is exercising his 27 or her parental option to place his or her child in a private 28 school. 29 (a) A parent who applies for a John M. McKay 30 Scholarship is exercising his or her parental option to place 31 his or her child in a private school. The parent must select 13 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 the private school and apply for the admission of his or her 2 child. 3 (b) The parent must have requested the scholarship at 4 least 60 days prior to the date of the first scholarship 5 payment. 6 (c) Any student participating in the John M. McKay 7 Scholarships for Students with Disabilities scholarship 8 Program must remain in attendance throughout the school year, 9 unless excused by the school for illness or other good cause, 10 and must comply fully with the school's code of conduct. 11 (d) Each The parent and of each student has an 12 obligation to the private school to participating in the 13 scholarship program must comply fully with the private 14 school's published policies parental involvement requirements, 15 unless excused by the school for illness or other good cause. 16 (e) If the parent requests that the student 17 participating in the John M. McKay Scholarships for Students 18 with Disabilities scholarship Program take all statewide 19 assessments required pursuant to s. 1008.22, the parent is 20 responsible for transporting the student to the assessment 21 site designated by the school district. 22 (f) Upon receipt of a scholarship warrant, the parent 23 to whom the warrant is made must restrictively endorse the 24 warrant to the private school for deposit into the account of 25 the private school. The parent may not designate any entity or 26 individual associated with the participating private school as 27 the parent's attorney in fact to endorse a scholarship 28 warrant. A participant who fails to comply with this paragraph 29 forfeits the scholarship. 30 (g) A participant who fails to comply with this 31 subsection forfeits the scholarship. 14 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 (10)(6) JOHN M. MCKAY SCHOLARSHIP FUNDING AND 2 PAYMENT.-- 3 (a)1. The maximum scholarship granted for an eligible 4 student with disabilities shall be a calculated amount 5 equivalent to the base student allocation in the Florida 6 Education Finance Program multiplied by the appropriate cost 7 factor for the educational program that would have been 8 provided for the student in the district school to which he or 9 she was assigned, multiplied by the district cost 10 differential. 11 2. In addition, a share of the guaranteed allocation 12 for exceptional students shall be determined and added to the 13 calculated amount. The calculation shall be based on the 14 methodology and the data used to calculate the guaranteed 15 allocation for exceptional students for each district in 16 chapter 2000-166, Laws of Florida. Except as provided in 17 subparagraphs subparagraph 3. and 4., the calculation shall be 18 based on the student's grade, matrix level of services, and 19 the difference between the 2000-2001 basic program and the 20 appropriate level of services cost factor, multiplied by the 21 2000-2001 base student allocation and the 2000-2001 district 22 cost differential for the sending district. Also, the 23 calculated amount shall include the per-student share of 24 supplemental academic instruction funds, instructional 25 materials funds, technology funds, and other categorical funds 26 as provided for such purposes in the General Appropriations 27 Act. 28 3. The calculated scholarship amount for a student who 29 is eligible under subparagraph (2)(a)2. shall be calculated as 30 provided in subparagraphs 1. and 2. However, the calculation 31 shall be based on the school district in which the parent 15 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 resides at the time of the scholarship request. 2 4.3. Until the school district completes the matrix 3 required by paragraph (5)(3)(b), the calculation shall be 4 based on the matrix that assigns the student to support level 5 I of service as it existed prior to the 2000-2001 school year. 6 When the school district completes the matrix, the amount of 7 the payment shall be adjusted as needed. 8 (b) The amount of the John M. McKay Scholarship shall 9 be the calculated amount or the amount of the private school's 10 tuition and fees, whichever is less. The amount of any 11 assessment fee required by the participating private school 12 may be paid from the total amount of the scholarship. 13 (c) If the participating private school requires 14 partial payment of tuition prior to the start of the academic 15 year to reserve space for students admitted to the school, 16 that partial payment may be paid by the Department of 17 Education prior to the first quarterly payment of the year in 18 which the John M. McKay Scholarship is awarded, up to a 19 maximum of $1,000, and deducted from subsequent scholarship 20 payments. If a student decides not to attend the participating 21 private school, the partial reservation payment must be 22 returned to the Department of Education by the participating 23 private school. There is a limit of one reservation payment 24 per student per year. 25 (c)1.(d) The school district shall report all students 26 who are attending a private school in the district under this 27 program. The students with disabilities attending private 28 schools on John M. McKay Scholarships shall be reported 29 separately from other students reported for purposes of the 30 Florida Education Finance Program. 31 2. For program participants who are eligible under 16 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 subparagraph (2)(a)2., the school district that is used as the 2 basis for the calculation of the scholarship amount as 3 provided in subparagraph (a)3. shall: 4 a. Report to the department all such students who are 5 attending a private school under this program. 6 b. Be held harmless for such students from the 7 weighted enrollment ceiling for group 2 programs in s. 8 1011.62(1)(d)3.a. during the first school year in which the 9 students are reported. 10 (d)(e) Following notification on July 1, September 1, 11 December 1, or February 1 of the number of program 12 participants, the department of Education shall transfer, from 13 General Revenue funds only, the amount calculated under 14 paragraph (b) from the school district's total funding 15 entitlement under the Florida Education Finance Program and 16 from authorized categorical accounts to a separate account for 17 the scholarship program for quarterly disbursement to the 18 parents of participating students. Funds may not be 19 transferred from any funding provided to the Florida School 20 for the Deaf and the Blind for program participants who are 21 eligible under subparagraph (2)(a)2. For a student exiting a 22 Department of Juvenile Justice commitment program who chooses 23 to participate in the scholarship program, the amount of the 24 John M. McKay Scholarship calculated pursuant to paragraph (b) 25 shall be transferred from the school district in which the 26 student last attended a public school prior to commitment to 27 the Department of Juvenile Justice. When a student enters the 28 scholarship program, the department of Education must receive 29 all documentation required for the student's participation, 30 including the private school's and student's fee schedules, at 31 least 30 days before the first quarterly scholarship payment 17 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 is made for the student. The Department of Education may not 2 make any retroactive payments. 3 (e)(f) Upon notification proper documentation reviewed 4 and approved by the department that it has received the 5 documentation required under paragraph (d) Department of 6 Education, the Chief Financial Officer shall make scholarship 7 payments in four equal amounts no later than September 1, 8 November 1, February 1, and April 1 15 of each academic year 9 in which the scholarship is in force. The initial payment 10 shall be made after department of Education verification of 11 admission acceptance, and subsequent payments shall be made 12 upon verification of continued enrollment and attendance at 13 the private school. Payment must be by individual warrant made 14 payable to the student's parent and mailed by the department 15 of Education to the private school of the parent's choice, and 16 the parent shall restrictively endorse the warrant to the 17 private school for deposit into the account of the private 18 school. 19 (f) Subsequent to each scholarship payment, the 20 Department of Financial Services shall randomly review 21 endorsed warrants to confirm compliance with endorsement 22 requirements. The Department of Financial Services shall 23 immediately report inconsistencies or irregularities to the 24 department. 25 (11)(7) LIABILITY.--No liability shall arise on the 26 part of the state based on the award or use of a John M. McKay 27 Scholarship. 28 (12) SCOPE OF AUTHORITY.--The inclusion of eligible 29 private schools within options available to Florida public 30 school students does not expand the regulatory authority of 31 the state, its officers, or any school district to impose any 18 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 additional regulation of private schools beyond those 2 reasonably necessary to enforce requirements expressly set 3 forth in this section. 4 (13)(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 an active a current individual education plan from 9 another state or a foreign country for a transferring student 10 with a disability who is a dependent child of a member of the 11 United States Armed Forces. The rules must identify the 12 appropriate school district personnel who must complete the 13 matrix of services. For purposes of these rules, a 14 transferring student with a disability is one who was 15 previously enrolled as a student with a disability in an 16 out-of-state or an out-of-country public or private school or 17 agency program and who is transferring from out of state or 18 from a foreign country pursuant to a parent's permanent change 19 of station orders. However, the inclusion of eligible private 20 schools within options available to Florida public school 21 students does not expand the regulatory authority of the 22 state, its officers, or any school district to impose any 23 additional regulation of private schools beyond those 24 reasonably necessary to enforce requirements expressly set 25 forth in this section. 26 Section 2. Section 220.187, Florida Statutes, is 27 amended to read: 28 220.187 Credits for contributions to nonprofit 29 scholarship-funding organizations.-- 30 (1) PURPOSE.--The purpose of this section is to: 31 (a) Encourage private, voluntary contributions to 19 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 nonprofit scholarship-funding organizations. 2 (b) Expand educational opportunities for children of 3 families that have limited financial resources. 4 (c) Enable children in this state to achieve a greater 5 level of excellence in their education. 6 (2) DEFINITIONS.--As used in this section, the term: 7 (a) "Department" means the Department of Revenue. 8 (b) "Eligible contribution" means a monetary 9 contribution from a taxpayer, subject to the restrictions 10 provided in this section, to an eligible nonprofit 11 scholarship-funding organization. The taxpayer making the 12 contribution may not designate a specific child as the 13 beneficiary of the contribution. The taxpayer may not 14 contribute more than $5 million to any single eligible 15 nonprofit scholarship-funding organization. 16 (c)(d) "Eligible nonprofit scholarship-funding 17 organization" means a charitable organization that: 18 1. Is exempt from federal income tax pursuant to s. 19 501(c)(3) of the Internal Revenue Code. 20 2. Is a Florida entity formed under chapter 607, 21 chapter 608, or chapter 617 and whose principal office is 22 located in the state. 23 3. and that Complies with the provisions of subsection 24 (6) (4). 25 (d)(c) "Eligible private nonpublic school" means a 26 private nonpublic school, as defined in s. 1002.01(2), located 27 in Florida which that offers an education to students in any 28 grades K-12 and that meets the requirements in subsection (8) 29 (6). 30 (e) "Owner or operator" includes: 31 1. An owner, president, officer, or director of an 20 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 eligible nonprofit scholarship-funding organization or a 2 person with equivalent decisionmaking authority over an 3 eligible nonprofit scholarship-funding organization. 4 2. An owner, operator, superintendent, or principal of 5 an eligible private school or a person with equivalent 6 decisionmaking authority over an eligible private school. 7 (e) "Qualified student" means a student who qualifies 8 for free or reduced-price school lunches under the National 9 School Lunch Act and who: 10 (3) PROGRAM; SCHOLARSHIP ELIGIBILITY.--The Corporate 11 Income Tax Credit Scholarship Program is established. A 12 student is eligible for a corporate income tax credit 13 scholarship if the student qualifies for free or reduced-price 14 school lunches under the National School Lunch Act and: 15 (a)1. Was counted as a full-time equivalent student 16 during the previous state fiscal year for purposes of state 17 per-student funding; 18 (b)2. Received a scholarship from an eligible 19 nonprofit scholarship-funding organization or from the State 20 of Florida during the previous school year; or 21 (c)3. Is eligible to enter kindergarten or first 22 grade. 23 24 Contingent upon available funds, a student may continue in the 25 scholarship program as long as the student's family income 26 level does not exceed 200 percent of the federal poverty 27 level. 28 (4) SCHOLARSHIP PROHIBITIONS.--A student is not 29 eligible for a scholarship while he or she is: 30 (a) Enrolled in a school operating for the purpose of 31 providing educational services to youth in Department of 21 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 Juvenile Justice commitment programs; 2 (b) Receiving a scholarship from another eligible 3 nonprofit scholarship-funding organization under this section; 4 (c) Receiving an educational scholarship pursuant to 5 chapter 1002; 6 (d) Participating in a home education program as 7 defined in s. 1002.01(1); 8 (e) Participating in a private tutoring program 9 pursuant to s. 1002.43; 10 (f) Participating in a virtual school, correspondence 11 school, or distance learning program that receives state 12 funding pursuant to the student's participation unless the 13 participation is limited to no more than two courses per 14 school year; or 15 (g) Enrolled in the Florida School for the Deaf and 16 the Blind. 17 (5)(3) AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX 18 CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.-- 19 (a) There is allowed a credit of 100 percent of an 20 eligible contribution against any tax due for a taxable year 21 under this chapter. However, such a credit may not exceed 75 22 percent of the tax due under this chapter for the taxable 23 year, after the application of any other allowable credits by 24 the taxpayer. However, at least 5 percent of the total 25 statewide amount authorized for the tax credit shall be 26 reserved for taxpayers who meet the definition of a small 27 business provided in s. 288.703(1) at the time of application. 28 The credit granted by this section shall be reduced by the 29 difference between the amount of federal corporate income tax 30 taking into account the credit granted by this section and the 31 amount of federal corporate income tax without application of 22 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 the credit granted by this section. 2 (b) The total amount of tax credits and carryforward 3 of tax credits which may be granted each state fiscal year 4 under this section is $88 million during the 2006-2007 fiscal 5 year. The total amount of tax credits and carryforward of tax 6 credits which may be granted under this section shall be 7 adjusted each year thereafter, should the prior year's total 8 tax credit and carryforward tax credit limits be obtained, by 9 the same percentage as the increase or decrease in total 10 funding, adjusted for Florida Retirement System changes if 11 applicable, under the Florida Education Finance Program as 12 provided in the General Appropriations Act workpapers. 13 However, the total amount of tax credits that may be granted 14 pursuant to this paragraph may not increase by more than 5 15 percent in any year. The Commissioner of Education shall 16 certify to the department and notify eligible nonprofit 17 scholarship-funding organizations of the resulting value of 18 tax credits that may be granted within 30 days after the 19 General Appropriations Act becomes law. However, at least 1 20 percent of the total statewide amount authorized for the tax 21 credit shall be reserved for taxpayers who meet the definition 22 of a small business provided in s. 288.703(1) at the time of 23 application. 24 (c) A taxpayer who files a Florida consolidated return 25 as a member of an affiliated group pursuant to s. 220.131(1) 26 may be allowed the credit on a consolidated return basis; 27 however, the total credit taken by the affiliated group is 28 subject to the limitation established under paragraph (a). 29 (d) Effective for tax years beginning January 1, 2006, 30 a taxpayer may rescind all or part of its allocated tax credit 31 under this section. The amount rescinded shall become 23 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 available for purposes of the cap for that state fiscal year 2 under this section to an eligible taxpayer as approved by the 3 department if the taxpayer receives notice from the department 4 that the rescindment has been accepted by the department and 5 the taxpayer has not previously rescinded any or all of its 6 tax credit allocation under this section more than once in the 7 previous 3 tax years. Any amount rescinded under this 8 paragraph shall become available to an eligible taxpayer on a 9 first-come, first-served basis based on tax credit 10 applications received after the date the rescindment is 11 accepted by the department. 12 (6)(4) OBLIGATIONS OF ELIGIBLE NONPROFIT 13 SCHOLARSHIP-FUNDING ORGANIZATIONS.--An eligible nonprofit 14 scholarship-funding organization: 15 (a) Must comply with the antidiscrimination provisions 16 of 42 U.S.C. s. 2000d. 17 (b) Must comply with the following background check 18 requirements: 19 1. All owners and operators as defined in subparagraph 20 (2)(e)1. are subject to level 2 background screening as 21 provided under chapter 435. The fingerprints for the 22 background screening must be electronically submitted to the 23 Department of Law Enforcement and can be taken by an 24 authorized law enforcement agency or by an employee of the 25 eligible nonprofit scholarship-funding organization or a 26 private company who is trained to take fingerprints. However, 27 the complete set of fingerprints of an owner or operator may 28 not be taken by the owner or operator. The results of the 29 state and national criminal history check shall be provided to 30 the Department of Education for screening under chapter 435. 31 The cost of the background screening may be borne by the 24 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 eligible nonprofit scholarship-funding organization or the 2 owner or operator. 3 2. Every 5 years following employment or engagement to 4 provide services or association with an eligible nonprofit 5 scholarship-funding organization, each owner or operator must 6 meet level 2 screening standards as described in s. 435.04, at 7 which time the nonprofit scholarship-funding organization 8 shall request the Department of Law Enforcement to forward the 9 fingerprints to the Federal Bureau of Investigation for level 10 2 screening. If the fingerprints of an owner or operator are 11 not retained by the Department of Law Enforcement under 12 subparagraph 3., the owner or operator must electronically 13 file a complete set of fingerprints with the Department of Law 14 Enforcement. Upon submission of fingerprints for this purpose, 15 the eligible nonprofit scholarship-funding organization shall 16 request that the Department of Law Enforcement forward the 17 fingerprints to the Federal Bureau of Investigation for level 18 2 screening, and the fingerprints shall be retained by the 19 Department of Law Enforcement under subparagraph 3. 20 3. Beginning July 1, 2007, all fingerprints submitted 21 to the Department of Law Enforcement as required by this 22 paragraph must be retained by the Department of Law 23 Enforcement in a manner approved by rule and entered in the 24 statewide automated fingerprint identification system 25 authorized by s. 943.05(2)(b). The fingerprints must 26 thereafter be available for all purposes and uses authorized 27 for arrest fingerprint cards entered in the statewide 28 automated fingerprint identification system pursuant to s. 29 943.051. 30 4. Beginning July 1, 2007, the Department of Law 31 Enforcement shall search all arrest fingerprint cards received 25 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 under s. 943.051 against the fingerprints retained in the 2 statewide automated fingerprint identification system under 3 subparagraph 3. Any arrest record that is identified with an 4 owner's or operator's fingerprints must be reported to the 5 Department of Education. The Department of Education shall 6 participate in this search process by paying an annual fee to 7 the Department of Law Enforcement and by informing the 8 Department of Law Enforcement of any change in the employment, 9 engagement, or association status of the owners or operators 10 whose fingerprints are retained under subparagraph 3. The 11 Department of Law Enforcement shall adopt a rule setting the 12 amount of the annual fee to be imposed upon the Department of 13 Education for performing these services and establishing the 14 procedures for the retention of owner and operator 15 fingerprints and the dissemination of search results. The fee 16 may be borne by the owner or operator of the nonprofit 17 scholarship-funding organization. 18 5. A nonprofit scholarship-funding organization whose 19 owner or operator fails the level 2 background screening shall 20 not be eligible to provide scholarships under this section. 21 6. A nonprofit scholarship-funding organization whose 22 owner or operator in the last 7 years has filed for personal 23 bankruptcy or corporate bankruptcy in a corporation of which 24 he or she owned more than 20 percent shall not be eligible to 25 provide scholarships under this section. 26 (c) Must not have an owner or operator who owns or 27 operates an eligible private school that is participating in 28 the scholarship program. 29 (d)(a) Must An eligible nonprofit scholarship-funding 30 organization shall provide scholarships, from eligible 31 contributions, to eligible qualified students for: 26 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 1. Tuition or textbook expenses for, or transportation 2 to, an eligible private nonpublic school. At least 75 percent 3 of the scholarship funding must be used to pay tuition 4 expenses; or 5 2. Transportation expenses to a Florida public school 6 that is located outside the district in which the student 7 resides or to a lab school as defined in s. 1002.32. 8 (e)(b) Must An eligible nonprofit scholarship-funding 9 organization shall give priority to eligible qualified 10 students who received a scholarship from an eligible nonprofit 11 scholarship-funding organization or from the State of Florida 12 during the previous school year. 13 (f) Must provide a scholarship to an eligible student 14 on a first-come, first-served basis unless the student 15 qualifies for priority pursuant to paragraph (e). 16 (g) May not restrict or reserve scholarships for use 17 at a particular private school or provide scholarships to a 18 child of an owner or operator. 19 (h) Must allow an eligible student to attend any 20 eligible private school and must allow a parent to transfer a 21 scholarship during a school year to any other eligible private 22 school of the parent's choice. 23 (c) The amount of a scholarship provided to any child 24 for any single school year by all eligible nonprofit 25 scholarship-funding organizations from eligible contributions 26 shall not exceed the following annual limits: 27 1. Three thousand five hundred dollars for a 28 scholarship awarded to a student enrolled in an eligible 29 nonpublic school. 30 2. Five hundred dollars for a scholarship awarded to a 31 student enrolled in a Florida public school that is located 27 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 outside the district in which the student resides. 2 (d) The amount of an eligible contribution which may 3 be accepted by an eligible nonprofit scholarship-funding 4 organization is limited to the amount needed to provide 5 scholarships for qualified students which the organization has 6 identified and for which vacancies in eligible nonpublic 7 schools have been identified. 8 (i)(e) Must obligate, in the same fiscal year in which 9 the contribution was received, An eligible nonprofit 10 scholarship-funding organization that receives an eligible 11 contribution must spend 100 percent of the eligible 12 contribution to provide scholarships; however, up to 25 13 percent of the total contribution may be carried forward for 14 scholarships to be granted in the following same state fiscal 15 year in which the contribution was received. No portion of 16 eligible contributions may be used for administrative 17 expenses. All interest accrued from contributions must be used 18 for scholarships. 19 (j) Must maintain separate accounts for scholarship 20 funds and operating funds. 21 (k) With the prior approval of the Department of 22 Education, may transfer funds to another eligible nonprofit 23 scholarship-funding organization if additional funds are 24 required to meet scholarship demand at the receiving nonprofit 25 scholarship-funding organization. A transfer shall be limited 26 to the greater of $500,000 or 20 percent of the total 27 contributions received by the nonprofit scholarship-funding 28 organization making the transfer. All transferred funds must 29 be deposited by the receiving nonprofit scholarship-funding 30 organization into its scholarship accounts. All transferred 31 amounts received by any nonprofit scholarship-funding 28 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 organization must be separately disclosed in the annual 2 financial and compliance audit required in this section. 3 (l)(f) An eligible nonprofit scholarship-funding 4 organization that receives eligible contributions Must provide 5 to the Auditor General and the Department of Education an 6 annual financial and compliance audit of its accounts and 7 records conducted by an independent certified public 8 accountant and in accordance with rules adopted by the Auditor 9 General. The audit must be conducted in compliance with 10 generally accepted auditing standards and must include a 11 report on financial statements presented in accordance with 12 generally accepted accounting principles set forth by the 13 American Institute of Certified Public Accountants for 14 not-for-profit organizations and a determination of compliance 15 with the statutory eligibility and expenditure requirements 16 set forth in this section. Audits must be provided to the 17 Auditor General and the Department of Education within 180 18 days after completion of the eligible nonprofit 19 scholarship-funding organization's fiscal year. 20 (m) Must prepare and submit quarterly reports to the 21 Department of Education pursuant to paragraph (9)(m). In 22 addition, an eligible nonprofit scholarship-funding 23 organization must submit in a timely manner any information 24 requested by the Department of Education relating to the 25 scholarship program. 26 27 Any and all information and documentation provided to the 28 Department of Education and the Auditor General relating to 29 the identity of a taxpayer that provides an eligible 30 contribution under this section shall remain confidential at 31 all times in accordance with s. 213.053. 29 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 (g) Payment of the scholarship by the eligible 2 nonprofit scholarship-funding organization shall be by 3 individual warrant or check made payable to the student's 4 parent. If the parent chooses for his or her child to attend 5 an eligible nonpublic school, the warrant or check must be 6 mailed by the eligible nonprofit scholarship-funding 7 organization to the nonpublic school of the parent's choice, 8 and the parent shall restrictively endorse the warrant or 9 check to the nonpublic school. An eligible nonprofit 10 scholarship-funding organization shall ensure that, upon 11 receipt of a scholarship warrant or check, the parent to whom 12 the warrant or check is made restrictively endorses the 13 warrant or check to the nonpublic school of the parent's 14 choice for deposit into the account of the nonpublic school. 15 (7)(5) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 16 PARTICIPATION OBLIGATIONS.-- 17 (a) The parent must select an eligible private school 18 and apply for the admission of his or her child. 19 (b) The parent must inform the child's school district 20 when the parent withdraws his or her child to attend an 21 eligible private school. 22 (c) Any student participating in the scholarship 23 program must remain in attendance throughout the school year 24 unless excused by the school for illness or other good cause. 25 (d) Each parent and each student has an obligation to 26 the private school to comply with the private school's 27 published policies. 28 (e) The parent shall ensure that the student 29 participating in the scholarship program takes the 30 norm-referenced assessment offered by the private school. The 31 parent may also choose to have the student participate in the 30 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 statewide assessments pursuant to s. 1008.22. If the parent 2 requests that the student participating in the scholarship 3 program take statewide assessments pursuant to s. 1008.22, the 4 parent is responsible for transporting the student to the 5 assessment site designated by the school district. 6 (f) Upon receipt of a scholarship warrant from the 7 eligible nonprofit scholarship-funding organization, the 8 parent to whom the warrant is made must restrictively endorse 9 the warrant to the private school for deposit into the account 10 of the private school. The parent may not designate any entity 11 or individual associated with the participating private school 12 as the parent's attorney in fact to endorse a scholarship 13 warrant. A participant who fails to comply with this paragraph 14 forfeits the scholarship. As a condition for scholarship 15 payment pursuant to paragraph (4)(g), if the parent chooses 16 for his or her child to attend an eligible nonpublic school, 17 the parent must inform the child's school district within 15 18 days after such decision. 19 (8)(6) PRIVATE ELIGIBLE NONPUBLIC SCHOOL ELIGIBILITY 20 AND OBLIGATIONS.--An eligible private nonpublic school may be 21 sectarian or nonsectarian and must: 22 (a) Comply with all requirements for private schools 23 participating in state school choice scholarship programs 24 pursuant to s. 1002.421. 25 (b) Provide to the eligible nonprofit 26 scholarship-funding organization, upon request, all 27 documentation required for the student's participation, 28 including the private school's and student's fee schedules. 29 (c) Be academically accountable to the parent for 30 meeting the educational needs of the student by: 31 1. At a minimum, annually providing to the parent a 31 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 written explanation of the student's progress. 2 2. Annually administering or making provision for 3 students participating in the scholarship program to take one 4 of the nationally norm-referenced tests identified by the 5 Department of Education. Students with disabilities for whom 6 standardized testing is not appropriate are exempt from this 7 requirement. A participating private school must report a 8 student's scores to the parent and to the independent research 9 organization selected by the Department of Education as 10 described in paragraph (9)(j). 11 3. Cooperating with the scholarship student whose 12 parent chooses to participate in the statewide assessments 13 pursuant to s. 1008.32. 14 (d) Employ or contract with teachers who have regular 15 and direct contact with each student receiving a scholarship 16 under this section at the school's physical location. 17 18 The inability of a private school to meet the requirements of 19 this subsection shall constitute a basis for the ineligibility 20 of the private school to participate in the scholarship 21 program as determined by the Department of Education. 22 (a) Demonstrate fiscal soundness by being in operation 23 for one school year or provide the Department of Education 24 with a statement by a certified public accountant confirming 25 that the nonpublic school desiring to participate is insured 26 and the owner or owners have sufficient capital or credit to 27 operate the school for the upcoming year serving the number of 28 students anticipated with expected revenues from tuition and 29 other sources that may be reasonably expected. In lieu of such 30 a statement, a surety bond or letter of credit for the amount 31 equal to the scholarship funds for any quarter may be filed 32 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 with the department. 2 (b) Comply with the antidiscrimination provisions of 3 42 U.S.C. s. 2000d. 4 (c) Meet state and local health and safety laws and 5 codes. 6 (d) Comply with all state laws relating to general 7 regulation of nonpublic schools. 8 (9) DEPARTMENT OF EDUCATION OBLIGATIONS.--The 9 Department of Education shall: 10 (a) Annually submit to the department, by March 15, a 11 list of eligible nonprofit scholarship-funding organizations 12 that meet the requirements of paragraph (2)(c). 13 (b) Annually verify the eligibility of nonprofit 14 scholarship-funding organizations that meet the requirements 15 of paragraph (2)(c). 16 (c) Annually verify the eligibility of private schools 17 that meet the requirements of subsection (8). 18 (d) Annually verify the eligibility of expenditures as 19 provided in paragraph (6)(d) using the audit required by 20 paragraph (6)(l). 21 (e) Establish a toll-free hotline that provides 22 parents and private schools with information on participation 23 in the scholarship program. 24 (f) Establish a process by which individuals may 25 notify the Department of Education of any violation by a 26 parent, private school, or school district of state laws 27 relating to program participation. The Department of Education 28 shall conduct an inquiry of any written complaint of a 29 violation of this section, or make a referral to the 30 appropriate agency for an investigation, if the complaint is 31 signed by the complainant and is legally sufficient. A 33 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 complaint is legally sufficient if it contains ultimate facts 2 that show that a violation of this section or any rule adopted 3 by the State Board of Education has occurred. In order to 4 determine legal sufficiency, the Department of Education may 5 require supporting information or documentation from the 6 complainant. A department inquiry is not subject to the 7 requirements of chapter 120. 8 (g) Require an annual, notarized, sworn compliance 9 statement by participating private schools certifying 10 compliance with state laws and shall retain such records. 11 (h) Cross-check the list of participating scholarship 12 students with the public school enrollment lists to avoid 13 duplication. 14 (i) In accordance with State Board of Education rule, 15 identify and select the nationally norm-referenced tests that 16 are comparable to the norm-referenced provisions of the 17 Florida Comprehensive Assessment Test (FCAT) provided that the 18 FCAT may be one of the tests selected. However, the Department 19 of Education may approve the use of an additional assessment 20 by the school if the assessment meets industry standards of 21 quality and comparability. 22 (j) Select an independent research organization, which 23 may be a public or private entity or university, to which 24 participating private schools must report the scores of 25 participating students on the nationally norm-referenced tests 26 administered by the private school. The independent research 27 organization must annually report to the Department of 28 Education on the year-to-year improvements of participating 29 students. The independent research organization must analyze 30 and report student performance data in a manner that protects 31 the rights of students and parents as mandated in 20 U.S.C. s. 34 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 1232g, the Family Educational Rights and Privacy Act, and must 2 not disaggregate data to a level that will disclose the 3 academic level of individual students or of individual 4 schools. To the extent possible, the independent research 5 organization must accumulate historical performance data on 6 students from the Department of Education and private schools 7 to describe baseline performance and to conduct longitudinal 8 studies. To minimize costs and reduce time required for 9 third-party analysis and evaluation, the Department of 10 Education shall conduct analyses of matched students from 11 public school assessment data and calculate control group 12 learning gains using an agreed-upon methodology outlined in 13 the contract with the third-party evaluator. The sharing of 14 student data must be in accordance with requirements of 20 15 U.S.C. s. 1232g, the Family Educational Rights and Privacy 16 Act, and shall be for the sole purpose of conducting the 17 evaluation. All parties must preserve the confidentiality of 18 such information as required by law. 19 (k) Notify an eligible nonprofit scholarship-funding 20 organization of any of the organization's identified students 21 who are receiving educational scholarships pursuant to chapter 22 1002. 23 (l) Notify an eligible nonprofit scholarship-funding 24 organization of any of the organization's identified students 25 who are receiving corporate income tax credit scholarships 26 from other eligible nonprofit scholarship-funding 27 organizations. 28 (m) Require quarterly reports by an eligible nonprofit 29 scholarship-funding organization regarding the number of 30 students participating in the scholarship program, the private 31 schools at which the students are enrolled, and other 35 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 information deemed necessary by the Department of Education. 2 (n)1. Conduct random site visits to private schools 3 participating in the Corporate Tax Credit Scholarship Program. 4 The purpose of the site visits is solely to verify the 5 information reported by the schools concerning the enrollment 6 and attendance of students, the credentials of teachers, 7 background screening of teachers, and teachers' fingerprinting 8 results. The Department of Education may not make more than 9 seven random site visits each year and may not make more than 10 one random site visit each year to the same private school. 11 2. Annually, by December 15, report to the Governor, 12 the President of the Senate, and the Speaker of the House of 13 Representatives the Department of Education's actions with 14 respect to implementing accountability in the scholarship 15 program under this section and s. 1002.421, any substantiated 16 allegations or violations of law or rule by an eligible 17 private school under this program concerning the enrollment 18 and attendance of students, the credentials of teachers, 19 background screening of teachers, and teachers' fingerprinting 20 results and the corrective action taken by the Department of 21 Education. 22 (10) COMMISSIONER OF EDUCATION AUTHORITY AND 23 OBLIGATIONS.-- 24 (a) The Commissioner of Education shall deny, suspend, 25 or revoke a private school's participation in the scholarship 26 program if it is determined that the private school has failed 27 to comply with the provisions of this section. However, in 28 instances in which the noncompliance is correctable within a 29 reasonable amount of time and in which the health, safety, or 30 welfare of the students are not threatened, the commissioner 31 may issue a notice of noncompliance that shall provide the 36 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 private school with a timeframe within which to provide 2 evidence of compliance prior to taking action to suspend or 3 revoke the private school's participation in the scholarship 4 program. 5 (b) The commissioner's determination is subject to the 6 following: 7 1. If the commissioner intends to deny, suspend, or 8 revoke a private school's participation in the scholarship 9 program, the Department of Education shall notify the private 10 school of such proposed action in writing by certified mail 11 and regular mail to the private school's address of record 12 with the Department of Education. The notification shall 13 include the reasons for the proposed action and notice of the 14 timelines and procedures set forth in this paragraph. 15 2. The private school that is adversely affected by 16 the proposed action shall have 15 days from receipt of the 17 notice of proposed action to file with the Department of 18 Education's agency clerk a request for a proceeding pursuant 19 to ss. 120.569 and 120.57. If the private school is entitled 20 to a hearing under s. 120.57(1), the Department of Education 21 shall forward the request to the Division of Administrative 22 Hearings. 23 3. Upon receipt of a request referred pursuant to this 24 paragraph, the director of the Division of Administrative 25 Hearings shall expedite the hearing and assign an 26 administrative law judge who shall commence a hearing within 27 30 days after the receipt of the formal written request by the 28 division and enter a recommended order within 30 days after 29 the hearing or within 30 days after receipt of the hearing 30 transcript, whichever is later. Each party shall be allowed 10 31 days in which to submit written exceptions to the recommended 37 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 order. A final order shall be entered by the agency within 30 2 days after the entry of a recommended order. The provisions of 3 this subparagraph may be waived upon stipulation by all 4 parties. 5 (c) The commissioner may immediately suspend payment 6 of scholarship funds if it is determined that there is 7 probable cause to believe that there is: 8 1. An imminent threat to the health, safety, and 9 welfare of the students; or 10 2. Fraudulent activity on the part of the private 11 school. 12 13 The commissioner's order suspending payment pursuant to this 14 paragraph may be appealed pursuant to the same procedures and 15 timelines as the notice of proposed action set forth in 16 paragraph (b). 17 (11) SCHOLARSHIP AMOUNT AND PAYMENT.-- 18 (a) The amount of a scholarship provided to any 19 student for any single school year by an eligible nonprofit 20 scholarship-funding organization from eligible contributions 21 shall not exceed the following annual limits: 22 1. Three thousand seven hundred fifty dollars for a 23 scholarship awarded to a student enrolled in an eligible 24 private school. 25 2. Five hundred dollars for a scholarship awarded to a 26 student enrolled in a Florida public school that is located 27 outside the district in which the student resides or in a lab 28 school as defined in s. 1002.32. 29 (b) Payment of the scholarship by the eligible 30 nonprofit scholarship-funding organization shall be by 31 individual warrant made payable to the student's parent. If 38 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 the parent chooses that his or her child attend an eligible 2 private school, the warrant must be delivered by the eligible 3 nonprofit scholarship-funding organization to the private 4 school of the parent's choice, and the parent shall 5 restrictively endorse the warrant to the private school. An 6 eligible nonprofit scholarship-funding organization shall 7 ensure that the parent to whom the warrant is made 8 restrictively endorsed the warrant to the private school for 9 deposit into the account of the private school. 10 (c) An eligible nonprofit scholarship-funding 11 organization shall obtain verification from the private school 12 of a student's continued attendance at the school prior to 13 each scholarship payment. 14 (d) Payment of the scholarship shall be made by the 15 eligible nonprofit scholarship-funding organization no less 16 frequently than on a quarterly basis. 17 (12)(7) ADMINISTRATION; RULES.-- 18 (a) If the credit granted pursuant to this section is 19 not fully used in any one year because of insufficient tax 20 liability on the part of the corporation, the unused amount 21 may be carried forward for a period not to exceed 3 years; 22 however, any taxpayer that seeks to carry forward an unused 23 amount of tax credit must submit an application for allocation 24 of tax credits or carryforward credits as required in 25 paragraph (d) in the year that the taxpayer intends to use the 26 carryforward carry forward. The total amount of tax credits 27 and carryforward of tax credits granted each state fiscal year 28 under this section is $88 million. This carryforward applies 29 to all approved contributions made after January 1, 2002. A 30 taxpayer may not convey, assign, or transfer the credit 31 authorized by this section to another entity unless all of the 39 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 assets of the taxpayer are conveyed, assigned, or transferred 2 in the same transaction. 3 (b) An application for a tax credit pursuant to this 4 section shall be submitted to the department on forms 5 established by rule of the department. 6 (c) The department and the Department of Education 7 shall develop a cooperative agreement to assist in the 8 administration of this section. The Department of Education 9 shall be responsible for annually submitting, by March 15, to 10 the department a list of eligible nonprofit 11 scholarship-funding organizations that meet the requirements 12 of paragraph (2)(d) and for monitoring eligibility of 13 nonprofit scholarship-funding organizations that meet the 14 requirements of paragraph (2)(d), eligibility of nonpublic 15 schools that meet the requirements of paragraph (2)(c), and 16 eligibility of expenditures under this section as provided in 17 subsection (4). 18 (d) The department shall adopt rules necessary to 19 administer this section, including rules establishing 20 application forms and procedures and governing the allocation 21 of tax credits and carryforward credits under this section on 22 a first-come, first-served basis. 23 (e) The State Board Department of Education shall 24 adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to 25 administer this section as it relates to the roles of the 26 Department of Education and the Commissioner of Education 27 determine eligibility of nonprofit scholarship-funding 28 organizations as defined in paragraph (2)(d) and according to 29 the provisions of subsection (4) and identify qualified 30 students as defined in paragraph (2)(e). 31 (13)(8) DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All 40 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 eligible contributions received by an eligible nonprofit 2 scholarship-funding organization shall be deposited in a 3 manner consistent with s. 17.57(2). 4 Section 3. Section 1002.421, Florida Statutes, is 5 created to read: 6 1002.421 Rights and obligations of private schools 7 participating in state school-choice scholarship programs.-- 8 (1) A Florida private school participating in the 9 Corporate Income Tax Credit Scholarship Program established 10 pursuant to s. 220.187 or an educational scholarship program 11 established pursuant to this chapter must comply with all 12 requirements of this section in addition to private school 13 requirements outlined in s. 1002.42, specific requirements 14 identified within respective scholarship program laws, and 15 other provisions of Florida law that apply to private schools. 16 (2) A private school participating in a scholarship 17 program must be a Florida private school as defined in s. 18 1002.01(2), must be registered in accordance with s. 1002.42, 19 and must: 20 (a) Comply with the antidiscrimination provisions of 21 42 U.S.C. s. 2000d. 22 (b) Notify the department of its intent to participate 23 in a scholarship program. 24 (c) Notify the department of any change in the 25 school's name, school director, mailing address, or physical 26 location within 15 days after the change. 27 (d) Complete student enrollment and attendance 28 verification requirements, including use of an on-line 29 attendance verification form, prior to scholarship payment. 30 (e) Annually complete and submit to the department a 31 notarized scholarship compliance statement certifying that all 41 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 school employees and contracted personnel with direct student 2 contact have undergone background screening pursuant to s. 3 943.0542. 4 (f) Demonstrate fiscal soundness and accountability 5 by: 6 1. Being in operation for at least 3 school years or 7 obtaining a surety bond or letter of credit for the amount 8 equal to the scholarship funds for any quarter and filing the 9 surety bond or letter of credit with the department. 10 2. Requiring the parent of each scholarship student to 11 personally restrictively endorse the scholarship warrant to 12 the school. The school may not act as attorney in fact for the 13 parent of a scholarship student under the authority of a power 14 of attorney executed by such parent, or under any other 15 authority, to endorse scholarship warrants on behalf of such 16 parent. 17 (g) Meet applicable state and local health, safety, 18 and welfare laws, codes, and rules, including: 19 1. Firesafety. 20 2. Building safety. 21 (h) Employ or contract with teachers who hold 22 baccalaureate or higher degrees, have at least 3 years of 23 teaching experience in public or private schools, or have 24 special skills, knowledge, or expertise that qualifies them to 25 provide instruction in subjects taught. 26 (i) Require each employee and contracted personnel 27 with direct student contact to undergo a state and national 28 background screening, pursuant to s. 943.0542, by 29 electronically filing with the Department of Law Enforcement a 30 complete set of fingerprints taken by an authorized law 31 enforcement agency or an employee of the private school, a 42 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 school district, or a private company who is trained to take 2 fingerprints and deny employment to or terminate an employee 3 if he or she fails to meet the screening standards under s. 4 435.04. Results of the screening shall be provided to the 5 participating private school. For purposes of this paragraph: 6 1. An "employee or contracted personnel with direct 7 student contact" means any employee or contracted personnel 8 who has unsupervised access to a scholarship student for whom 9 the private school is responsible. 10 2. The costs of fingerprinting and the background 11 check shall not be borne by the state. 12 3. Continued employment of an employee or contracted 13 personnel after notification that he or she has failed the 14 background screening under this paragraph shall cause a 15 private school to be ineligible for participation in a 16 scholarship program. 17 4. An employee or contracted personnel holding a valid 18 Florida teaching certificate who has been fingerprinted 19 pursuant to s. 1012.32 is not required to comply with the 20 provisions of this paragraph. 21 (3)(a) Beginning July 1, 2007, all fingerprints 22 submitted to the Department of Law Enforcement as required by 23 this section shall be retained by the Department of Law 24 Enforcement in a manner provided by rule and entered in the 25 statewide automated fingerprint identification system 26 authorized by s. 943.05(2)(b). Such fingerprints shall 27 thereafter be available for all purposes and uses authorized 28 for arrest fingerprint cards entered in the statewide 29 automated fingerprint identification system pursuant to s. 30 943.051. 31 (b) Beginning July 1, 2007, the Department of Law 43 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 Enforcement shall search all arrest fingerprint cards received 2 under s. 943.051 against the fingerprints retained in the 3 statewide automated fingerprint identification system under 4 paragraph (a). Any arrest record that is identified with the 5 retained fingerprints of a person subject to the background 6 screening under this section shall be reported to the 7 employing school with which the person is affiliated. Each 8 private school participating in a scholarship program is 9 required to participate in this search process by informing 10 the Department of Law Enforcement of any change in the 11 employment or contractual status of its personnel whose 12 fingerprints are retained under paragraph (a). The Department 13 of Law Enforcement shall adopt a rule setting the amount of 14 the annual fee to be imposed upon each private school for 15 performing these searches and establishing the procedures for 16 the retention of private school employee and contracted 17 personnel fingerprints and the dissemination of search 18 results. The fee may be borne by the private school or the 19 person fingerprinted. 20 (c) Employees and contracted personnel whose 21 fingerprints are not retained by the Department of Law 22 Enforcement under paragraphs (a) and (b) are required to be 23 refingerprinted and must meet state and national background 24 screening requirements upon reemployment or reengagement to 25 provide services in order to comply with the requirements of 26 this section. 27 (d) Every 5 years following employment or engagement 28 to provide services with a private school, employees or 29 contracted personnel required to be screened under this 30 section must meet screening standards under s. 435.04, at 31 which time the private school shall request the Department of 44 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 Law Enforcement to forward the fingerprints to the Federal 2 Bureau of Investigation for national processing. If the 3 fingerprints of employees or contracted personnel are not 4 retained by the Department of Law Enforcement under paragraph 5 (a), employees and contracted personnel must electronically 6 file a complete set of fingerprints with the Department of Law 7 Enforcement. Upon submission of fingerprints for this purpose, 8 the private school shall request that the Department of Law 9 Enforcement forward the fingerprints to the Federal Bureau of 10 Investigation for national processing, and the fingerprints 11 shall be retained by the Department of Law Enforcement under 12 paragraph (a). 13 (4) The inability of a private school to meet the 14 requirements of this section shall constitute a basis for the 15 ineligibility of the private school to participate in a 16 scholarship program as determined by the department. 17 (5) The inclusion of eligible private schools within 18 options available to Florida public school students does not 19 expand the regulatory authority of the state, its officers, or 20 any school district to impose any additional regulation of 21 private schools beyond those reasonably necessary to enforce 22 requirements expressly set forth in this section. 23 (6) The State Board of Education shall adopt rules 24 pursuant to ss. 120.536(1) and 120.54 to administer this 25 section. 26 Section 4. This act shall take effect July 1, 2006. 27 28 29 ================ T I T L E A M E N D M E N T =============== 30 And the title is amended as follows: 31 Delete everything before the enacting clause 45 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 and insert: 2 A bill to be entitled 3 An act relating to scholarship program 4 accountability; amending s. 1002.39, F.S., 5 relating to the John M. McKay Scholarships for 6 Students with Disabilities Program; revising 7 the definition of the term "students with 8 disabilities"; revising student eligibility 9 requirements for receipt of a scholarship and 10 restricting eligibility therefor; providing for 11 the term of a scholarship; revising and adding 12 school district obligations and clarifying 13 parental options; revising and adding 14 Department of Education obligations, including 15 verification of eligibility of private schools 16 and establishment of a process for notification 17 of violations, subsequent inquiry or 18 investigation, and certification of compliance 19 by private schools; providing Commissioner of 20 Education authority and obligations, including 21 the denial, suspension, or revocation of a 22 private school's participation in the 23 scholarship program and procedures and 24 timelines therefor; revising private school 25 eligibility and obligations, including 26 compliance with specified laws and academic 27 accountability to the parent; revising parent 28 and student responsibilities for scholarship 29 program participation; prohibiting power of 30 attorney for endorsing a scholarship warrant; 31 revising provisions relating to scholarship 46 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 funding and payment; providing funding and 2 payment requirements for former Florida School 3 for the Deaf and the Blind students and for 4 students exiting a Department of Juvenile 5 Justice program; providing Department of 6 Financial Services obligations; amending s. 7 220.187, F.S., relating to credits for 8 contributions to nonprofit scholarship-funding 9 organizations; revising and providing 10 definitions; naming the Corporate Income Tax 11 Credit Scholarship Program; providing student 12 eligibility requirements for receipt of a 13 corporate income tax credit scholarship and 14 restricting eligibility therefor; revising 15 provisions relating to tax credits for small 16 businesses; providing for adjustment of the 17 total amount of tax credits and carryforward of 18 tax credits; providing for rescindment of tax 19 credit allocation; revising and adding 20 obligations of eligible nonprofit 21 scholarship-funding organizations, including 22 compliance with requirements for background 23 checks of owners and operators, 24 scholarship-funding organization ownership or 25 operation, carryforward and transfer of funds, 26 audits, and reports; specifying background 27 screening requirements and procedures; 28 requiring that certain information remain 29 confidential in accordance with s. 213.053, 30 F.S.; revising and adding parent and student 31 responsibilities for scholarship program 47 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 participation, including compliance with a 2 private school's published policies, 3 participation in student academic assessment, 4 and restrictive endorsement of scholarship 5 warrants; prohibiting power of attorney for 6 endorsing a scholarship warrant; revising and 7 adding private school eligibility requirements 8 and obligations, including compliance with 9 specified laws and academic accountability to 10 parents; revising and adding Department of 11 Education obligations, including verification 12 of eligibility of program participants, 13 establishment of a process for notification of 14 violations, subsequent inquiry or 15 investigation, certification of compliance by 16 private schools, and selection of a research 17 organization to analyze student performance 18 data; providing Commissioner of Education 19 authority and obligations, including the 20 denial, suspension, or revocation of a private 21 school's participation in the scholarship 22 program and procedures and timelines therefor; 23 revising and adding provisions relating to 24 scholarship funding and payment, including the 25 amount of a scholarship and the payment 26 process; requiring adoption of rules; creating 27 s. 1002.421, F.S., relating to rights and 28 obligations of private schools participating in 29 state school choice scholarship programs; 30 providing requirements for participation in a 31 scholarship program, including compliance with 48 1:38 PM 04/03/06 s0256d-ju04-c3n
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 256 Barcode 283926 1 specified state, local, and federal laws and 2 demonstration of fiscal soundness; requiring 3 restrictive endorsement of a scholarship 4 warrant and prohibiting power of attorney for 5 endorsing a warrant; requiring employment of 6 qualified teachers and background screening of 7 employees and contracted personnel having 8 direct student contact; specifying background 9 screening requirements and procedures; 10 providing scope of authority; requiring 11 adoption of rules; providing an effective date. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 49 1:38 PM 04/03/06 s0256d-ju04-c3n