Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 256
Barcode 283926
CHAMBER ACTION
Senate House
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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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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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,
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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:
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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