Senate Bill sb0256

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    Florida Senate - 2006        (Corrected Copy)           SB 256

    By Senator King





    8-4-06

  1                      A bill to be entitled

  2         An act relating to scholarship programs;

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

  4         M. McKay Scholarships for Students with

  5         Disabilities Program; revising the definition

  6         of an eligible student; revising the

  7         eligibility requirements of the program;

  8         revising requirements for scholarship funding

  9         and payments; providing reporting requirements

10         for school districts; holding a school district

11         harmless from a specified student enrollment

12         ceiling; prohibiting the transfer of funds to

13         the Florida School for the Deaf and the Blind

14         under certain circumstances; extending the term

15         of the scholarship; prohibiting certain

16         students from receiving a scholarship; revising

17         the parental notification requirements;

18         authorizing certain scholarship students to

19         participate in a distance learning or

20         correspondence course or a private tutoring

21         program under certain circumstances; providing

22         a definition of timely parental notification;

23         providing requirements for district school

24         boards with respect to completing and making

25         changes to the matrix of services for

26         scholarship students; requiring school

27         districts to provide parental notification

28         related to reassessments; revising requirements

29         that a participating private school demonstrate

30         fiscal soundness; requiring annual registration

31         of private schools; providing requirements for

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 1         documentation and notice; providing additional

 2         requirements for participating private schools;

 3         requiring annual sworn and notarized compliance

 4         statements to be filed with the department;

 5         requiring specific documentation for

 6         participating scholarship students; requiring

 7         that the private school maintain a physical

 8         location in this state; requiring that

 9         information be made available to potential

10         scholarship students and the department;

11         requiring scholarship students to participate

12         in assessments; requiring notification to

13         parents regarding student skill levels;

14         requiring notification to the department

15         regarding changes in information; requiring

16         notification to local health departments;

17         prohibiting discrimination on the basis of

18         religion by a private school; requiring certain

19         individuals to undergo level 2 background

20         screening requirements pursuant to s. 943.0542,

21         F.S.; requiring the Department of Education to

22         verify the background screening information

23         provided by the private school; providing for

24         the Department of Law Enforcement to retain and

25         search fingerprint records; providing for an

26         annual fee as provided by rule of the

27         Department of Law Enforcement; requiring that

28         costs of background checks be borne by certain

29         parties; requiring the Department of Law

30         Enforcement to provide the Department of

31         Education with information related to

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 1         background screening; prohibiting a private

 2         school from acting as an attorney in fact for

 3         the parent of a scholarship student or

 4         endorsing scholarship warrants on behalf of a

 5         parent; prohibiting participating private

 6         schools from sending or directing scholarship

 7         funds to parents of a scholarship student who

 8         receives instruction at home; prohibiting a

 9         participating school from being a private

10         tutoring program or a correspondence or

11         distance learning school; requiring a private

12         school that is subject to enforcement action by

13         the department for certain violations to file

14         certain surety bonds and, pending compliance

15         with certain laws, cease accepting new

16         scholarship students; prohibiting a

17         participating school from accepting students

18         pending verification of information;

19         authorizing a participating private school to

20         request, and the department to grant,

21         closed-enrollment status for a school;

22         requiring a private school that is subject to

23         enforcement action by the department for

24         certain violations to file certain surety bonds

25         and, pending compliance with certain laws,

26         cease accepting new scholarship students;

27         prohibiting the parent of a scholarship student

28         from designating a participating private school

29         as the parent's attorney in fact to sign a

30         scholarship warrant; clarifying that the school

31         district must report to the department the

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 1         students who are attending a private school

 2         under the program; establishing additional

 3         obligations of the Department of Education;

 4         requiring the department to review, approve,

 5         and verify information; requiring the

 6         department to determine the eligibility of a

 7         private school to participate in the program;

 8         requiring the department to publish an on-line

 9         list of current eligible private schools;

10         requiring the department to deny or refuse to

11         allow the participation of a private school for

12         failing to meet certain requirements; requiring

13         the department to issue a notice of

14         noncompliance for minor violations; providing

15         for an emergency order revoking the

16         registration of a private school for failing to

17         satisfy the requirements in the notice;

18         requiring the Department of Education to

19         immediately revoke the registration of a

20         private school for certain other violations;

21         requiring the department to revoke the

22         scholarship for a participant for failing to

23         comply with statutory requirements or for

24         engaging in specified practices; requiring the

25         department to conduct investigations of legally

26         sufficient complaints of violations;

27         authorizing the department to require

28         supporting information or documentation;

29         authorizing the Department of Education to

30         change the matrix of services under certain

31         circumstances; providing for audits by the

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 1         Auditor General; providing requirements for the

 2         audits; requiring the State Board of Education

 3         to adopt rules; specifying the required rules;

 4         amending s. 220.187, F.S., relating to the

 5         Corporate Tax Credit Scholarship Program;

 6         providing a short title; providing definitions;

 7         eliminating the cap on contributions to any

 8         single eligible nonprofit scholarship-funding

 9         organization; prohibiting certain private

10         schools and other entities from participating

11         in the scholarship program; authorizing

12         students whose family income level meets

13         certain federal poverty level criteria to

14         continue to participate in the scholarship

15         program; prohibiting certain students from

16         participating in the scholarship program;

17         revising limitations on the allocation of

18         annual credits granted under the program;

19         providing limitations on eligible

20         contributions; requiring scholarship-funding

21         organizations to obligate all of the

22         contributions subject to certain conditions;

23         requiring the Auditor General to review certain

24         audits, request certain information, and report

25         to the Legislative Auditing Committee any

26         findings of noncompliance; authorizing the

27         Legislative Auditing Committee to conduct

28         hearings and compel the Department of Education

29         to revoke eligibility of certain nonprofit

30         scholarship-funding organizations; providing

31         for audit reports to be submitted to the

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 1         Department of Education; requiring that audits

 2         be conducted within a specified time period

 3         after completion of the nonprofit

 4         scholarship-funding organization's fiscal year;

 5         requiring a nonprofit scholarship-funding

 6         organization to make scholarship payments at

 7         least quarterly; prohibiting commingling of

 8         certain scholarship funds; requiring a

 9         nonprofit scholarship-funding organization to

10         maintain a separate account for scholarship

11         funds; requiring a nonprofit

12         scholarship-funding organization to verify

13         student attendance at a private school prior to

14         submission of scholarship funds; requiring a

15         nonprofit scholarship-funding organization to

16         verify income eligibility of qualified students

17         at least once a year in accordance with State

18         Board of Education rules; requiring a nonprofit

19         scholarship-funding organization to submit

20         certain reports to the Department of Education;

21         requiring certain individuals to undergo level

22         2 background screening requirements pursuant to

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

24         of Law Enforcement to retain and search

25         fingerprint records; providing for an annual

26         fee as provided by rule of the Department of

27         Law Enforcement; requiring that costs of

28         background checks be borne by certain parties;

29         requiring the Department of Education to verify

30         the background screening information provided

31         by the eligible nonprofit scholarship-funding

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 1         organization; requiring the Department of Law

 2         Enforcement to provide the Department of

 3         Education with information related to

 4         background screening; prohibiting certain

 5         eligible nonprofit scholarship-funding

 6         organizations the owners of which have filed

 7         for bankruptcy from participating in the

 8         program; requiring that a nonprofit

 9         scholarship-funding organization comply with

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

11         2000d; prohibiting an owner or a nonprofit

12         scholarship-funding organization from owning,

13         operating, or administering an eligible private

14         school under the scholarship program; requiring

15         a nonprofit scholarship-funding organization to

16         report any private school not in compliance

17         with scholarship program requirements to the

18         Department of Education; prohibiting the

19         provision of scholarship funds to a student to

20         attend a private school not in compliance;

21         authorizing a parent to transfer the

22         scholarship; requiring that award of

23         scholarships be on a first-come, first-served

24         basis; prohibiting a nonprofit

25         scholarship-funding organization from targeting

26         certain students for scholarships; prohibiting

27         the award of scholarships to a child of an

28         owner of a nonprofit scholarship-funding

29         organization; prohibiting a nonprofit

30         scholarship-funding organization from securing

31         financing in anticipation of eligible

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 1         contributions; prohibiting a nonprofit

 2         scholarship-funding organization from

 3         participating in the program if the

 4         organization fails to meet statutory

 5         obligations; requiring students to meet certain

 6         attendance policies; requiring parents to meet

 7         certain requirements for parental involvement

 8         unless excused; prohibiting a parent from

 9         authorizing a power of attorney for endorsement

10         of scholarship warrant; requiring a parent to

11         ensure that a scholarship student participates

12         in testing requirements; prohibiting a student

13         or parent of a student from participating in

14         the scholarship program if the student or

15         parent fails to meet statutory obligations;

16         revising provisions with respect to private

17         schools; revising requirements that a

18         participating private school demonstrate fiscal

19         soundness; requiring a private school that is

20         subject to enforcement action by the department

21         for certain violations to file certain surety

22         bonds and, pending compliance with certain

23         laws, cease accepting new scholarship students;

24         requiring a private school to employ or

25         contract with teachers who have regular and

26         direct contact with students at the school's

27         physical location; requiring the private

28         schools to employ or contract with teachers who

29         have at least a baccalaureate degree or 3 years

30         of teaching experience at a public or private

31         school and have other skills that qualify the

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 1         teacher to provide appropriate instruction;

 2         requiring a private school to report to the

 3         Department of Education the qualifications of

 4         teachers; requiring a private school to

 5         annually register with the Department of

 6         Education and provide certain information

 7         concerning the private school organization,

 8         student list, and notice of intent to

 9         participate in the scholarship program;

10         requiring certain individuals to undergo level

11         2 background screening requirements pursuant to

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

13         of Law Enforcement to retain and search

14         fingerprint records; providing for an annual

15         fee as provided by rule of the Department of

16         Law Enforcement; requiring that costs of

17         background checks be borne by certain parties;

18         requiring the Department of Law Enforcement to

19         provide the Department of Education with

20         information related to background screening;

21         requiring a private school to administer or to

22         make provision for administering certain tests

23         to scholarship students; requiring reporting of

24         scores to the student's parent and to the

25         public university that was selected to analyze

26         and report certain data; requiring a private

27         school to cooperate with a scholarship student

28         whose parent chooses to participate in certain

29         assessments; requiring a private school to file

30         an affidavit; requiring a private school to

31         notify the Department of Education in writing

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 1         within 7 days if a student is ineligible to

 2         participate in the scholarship program;

 3         requiring a private school to report to the

 4         Department of Education and distribute to

 5         scholarship applicants information concerning

 6         accreditation and years in existence; requiring

 7         the Department of Education to make certain

 8         information concerning private school

 9         accreditation available to the public;

10         prohibiting a private school from participating

11         in the scholarship program if the private

12         school fails to meet its statutory obligations;

13         prohibiting discrimination on the basis of

14         religion by a private school; requiring the

15         Department of Education to determine the

16         eligibility of certain nonprofit

17         scholarship-funding organizations within a

18         specified time period after application;

19         requiring a written notice with specific

20         reasons for approval or denial; requiring the

21         Department of Education to annually determine

22         the eligibility of nonprofit

23         scholarship-funding organizations and private

24         schools; requiring the Department of Education

25         to make accessible to the public a list of

26         eligible private schools; requiring the

27         Department of Education to annually verify the

28         eligibility of students; requiring the

29         Department of Education to maintain a student

30         database of program participants and to update

31         the database at least quarterly; requiring the

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 1         Department of Education to notify a nonprofit

 2         scholarship-funding organization of any

 3         ineligible student; requiring the Department of

 4         Education to annually account for and verify

 5         the eligibility of program expenditures;

 6         requiring the Department of Education to review

 7         audits; providing for selection by the

 8         Commissioner of Education of a public

 9         university to analyze and report on certain

10         student data; requiring the public university

11         to report student performance data; providing

12         limitations on reporting; requiring the

13         Department of Education to revoke the

14         eligibility of program participants for failure

15         to comply with statutory obligations; requiring

16         the Department of Education to conduct

17         investigations of certain complaints; requiring

18         the Department of Education to annually report

19         on accountability activities; requiring the

20         department to verify information; requiring the

21         State Board of Education to adopt rules

22         regarding documentation to establish

23         eligibility of nonprofit scholarship-funding

24         organizations, requiring an affidavit, and

25         requiring independent income verification for

26         determining the eligibility of students;

27         authorizing the State Board of Education to

28         delegate its authority to the Commissioner of

29         Education with the exception of rulemaking

30         authority; providing that a secular private

31         school may continue its participation in the

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 1         scholarship program even if the act is found to

 2         violate the State Constitution; providing an

 3         effective date.

 4  

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

 6  

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

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

 9  1002.39, Florida Statutes, are amended, present subsections

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

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

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

13         1002.39  The John M. McKay Scholarships for Students

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

15  that is separate and distinct from the Opportunity Scholarship

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

17  Students with Disabilities Program, pursuant to this section.

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

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

20  Students with Disabilities Program is established to provide

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

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

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

24  individual education plan has been written in accordance with

25  rules of the State Board of Education. Students with

26  disabilities include K-12 students who are documented as

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

28  hearing impairment, including deafness; a visual impairment,

29  including blindness; a dual sensory impairment; a physical

30  impairment; a serious emotional disturbance, including an

31  emotional handicap; a specific learning disability, including,

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

 2  aphasia; a traumatic brain injury; or autism mentally

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

 4  hearing, visually impaired, dual sensory impaired, physically

 5  impaired, emotionally handicapped, specific learning disabled,

 6  hospitalized or homebound, or autistic.

 7         (2)  SCHOLARSHIP ELIGIBILITY; PROHIBITIONS.--

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

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

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

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

12  accordance with this section if:

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

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

15  attendance at a Florida public school or the Florida School

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

17  means that the student was:

18         a.  Enrolled and reported by a school district for

19  funding during the preceding October and February Florida

20  Education Finance Program surveys in kindergarten through

21  grade 12; or.

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

23  Deaf and the Blind during the preceding October and February

24  student membership surveys in kindergarten through grade 12.

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

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

27  the purposes of providing educational services to youth in a

28  commitment program of the Department of Juvenile Justice.

29  However, this subparagraph paragraph does not apply to a

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

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

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

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

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

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

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

 6  other eligibility requirements to participate in the program.

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

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

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

10  of Education school district of the request for a scholarship

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

12  payment. The parental notification must be through a

13  communication directly to the district or through the

14  Department of Education to the district in a manner that

15  creates a written or electronic record of the notification and

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

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

18  upon receipt of the parent's notification.

19  

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

21  school operating for the purpose of providing educational

22  services to youth in Department of Juvenile Justice commitment

23  programs. For purposes of continuity of educational choice,

24  the scholarship shall remain in force until the student

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

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

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

28  private school and place the student in another private school

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

30  public school as provided in subsection (3).

31  

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 1         (b)  A student is ineligible to receive a scholarship

 2  under this section if he or she:

 3         1.  Receives a scholarship from an eligible

 4  scholarship-funding organization under s. 220.187.

 5         2.  Receives an opportunity scholarship under s.

 6  1002.38.

 7         3.  Participates in a home education program as defined

 8  in s. 1002.01(1).

 9         4.  Receives instruction from a correspondence school

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

11  participates in distance learning courses.

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

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

14  location.

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

16  of providing educational services to youth in commitment

17  programs of the Department of Juvenile Justice.

18  

19  Notwithstanding the prohibition set forth in subparagraph 4.,

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

21  participate in a distance learning course, a private tutoring

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

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

24  funds provided under this section.

25         (3)  SCHOOL DISTRICT AND DEPARTMENT OF EDUCATION

26  OBLIGATIONS.--

27         (a)  The Department of Education A school district

28  shall timely notify the parent of each public school the

29  student of all options available pursuant to this section and

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

31  student in another public school within the district. The

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

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

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

 4  student may continue attending a public school chosen by the

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

 6  parent chooses a public school consistent with the district

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

 8  district shall provide transportation to the public school

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

10  transportation to a public school chosen that is not

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

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

13  notification means notification no later than April 1 of each

14  school year.

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

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

17  district must complete a matrix that assigns the student to

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

19  2000-2001 school year.

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

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

22  McKay Scholarships for Students with Disabilities Program and

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

24  matrix level within 30 days after receiving notification by

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

26  parent of intent to participate in the scholarship program.

27  The nature and intensity of the services indicated in the

28  matrix must be consistent with the services described in the

29  student's individual education plan.

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

31  only if the change is to:

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

 2  error; or

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

 4  individual education plan completed by the public school

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

 6  enrolling in or attending a private school.

 7         3.  The Department of Education shall notify the

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

 9  after receiving the school district's notification of the

10  student's matrix level.

11         4.  Within 10 school days after it receives

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

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

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

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

16  this paragraph.

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

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

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

20  student must notify the Department of Education school

21  district 60 days prior to the first scholarship payment and

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

23  the scholarship when a space becomes available for the student

24  in the private school.

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

26  alternative, to enroll the student in and transport the

27  student to a public school in an adjacent school district

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

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

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

31  and report the student to the Department of Education for

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

 2  Education Finance Program.

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

 4  the John M. McKay Scholarships for Students with Disabilities

 5  Program whose parent requests that the student take the

 6  statewide assessments under s. 1008.22, the district shall

 7  provide locations and times to take all statewide assessments.

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

 9  Education must notify the school district upon receipt of the

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

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

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

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

14  after its completion.

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

16  provide notification to parents of the availability of a

17  reassessment of each student who receives a McKay Scholarship.

18         (4)  PRIVATE SCHOOL ELIGIBILITY; REGISTRATION;

19  PROHIBITIONS.--

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

21  Scholarships for Students with Disabilities Program, a private

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

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

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

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

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

27  scholarship funds for any quarter and filing the surety bond

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

29  Department of Education.

30  

31  

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 1         2.  Annually register with the Department of Education.

 2  Each owner or administrator of a private school must provide

 3  the following information:

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

 5  and business location of the private school;

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

 7  each owner or administrator of the private school; and

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

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

10  specify the grade levels and services that the private school

11  has available for students with disabilities who are

12  participating in the scholarship program. with a statement by

13  a certified public accountant confirming that the private

14  school desiring to participate is insured and the owner or

15  owners have sufficient capital or credit to operate the school

16  for the upcoming year serving the number of students

17  anticipated with expected revenues from tuition and other

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

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

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

21  with the department.

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

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

24  must specify the grade levels and services that the private

25  school has available for students with disabilities who are

26  participating in the scholarship program.

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

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

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

30  codes.

31  

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

 2  meeting the educational needs of the student.

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

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

 5  teaching experience in public or private schools, or have

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

 7  provide instruction in subjects taught.

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

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

10  s. 1002.42.

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

12  published disciplinary procedures prior to the expulsion of a

13  scholarship student.

14         9.  Provide the Department of Education with all

15  documentation required for each scholarship student's

16  participation in the scholarship program, including, but not

17  limited to:

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

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

20  materials, and each individual scholarship student's schedule

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

22  quarterly scholarship payment is made for the student; and

23         b.  The enrollment and attendance information,

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

25  scholarship student at the private school, prior to each

26  scholarship payment.

27  

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

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

30  the parents of each McKay Scholarship student in attendance at

31  the private school. The private school must maintain the

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 1  completed notarized statements at the private school for each

 2  academic year. The completed notarized statements must be open

 3  to the Department of Education upon request.

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

 5  scholarship student regularly attends classes.

 6         11.a.  Advertise or notify potential McKay Scholarship

 7  students and parents of the specific types of disabilities

 8  served by the school and provide this information to the

 9  Department of Education.

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

11  education plan.

12         12.  Require each McKay Scholarship student to

13  participate at least annually in a student assessment that, as

14  determined by the private school in consultation with the

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

16  skill level to the student's parents.

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

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

19  is determined by the private school.

20         14.  Notify the Department of Education of any change

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

22  change and notify the Department of Education within 15 days

23  after any other change in the registration information

24  submitted to the department.

25         15.  Notify each local health department within 15 days

26  after establishing operations at a physical location or

27  address and within 3 days after discovering any ongoing health

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

29         16.  Annually complete and file with the Department of

30  Education a sworn and notarized compliance statement in a form

31  

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

 2  Board of Education.

 3         17.  Accept scholarship students on a religion-neutral

 4  basis.  A private school may not discriminate against a

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

 6  parent, or the private school.

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

 8  McKay Scholarships for Students with Disabilities Program must

 9  ensure that all personnel who are hired or contracted to

10  provide services to fill positions requiring direct contact

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

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

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

14  of decisionmaking authority, or a position having access to

15  scholarship funds, undergo background screening pursuant to s.

16  943.0542 by electronically filing with the Department of Law

17  Enforcement a complete set of fingerprints taken by an

18  authorized law enforcement agency or an employee of the

19  private school, a public school, or a private company who is

20  trained to take fingerprints. However, the complete set of

21  fingerprints of an owner of an eligible private school may not

22  be taken by the owner. These fingerprints must be

23  electronically submitted to the Department of Law Enforcement

24  for state processing, which shall in turn submit the

25  fingerprints to the Federal Bureau of Investigation for

26  federal processing. The private school shall screen the

27  background results pursuant to s. 435.04 and timely report to

28  the Department of Education any person described in this

29  paragraph who fails to meet level 2 screening standards

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

31  paragraph who has been convicted of a crime involving moral

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 1  turpitude. The Department of Education shall verify the

 2  information reported by the private school. Any person

 3  described in this paragraph who is found through fingerprint

 4  processing to have been convicted of a crime involving moral

 5  turpitude or fails to meet level 2 screening standards

 6  pursuant to s. 435.04 may not be employed or engaged to

 7  provide services in any position in the private school

 8  requiring direct contact with students and may not assume an

 9  ownership position, a position of decisionmaking authority, or

10  a position having access to scholarship funds. The cost of the

11  background screening may be borne by the private school, the

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

13  owner.

14         1.  Every 5 years each person described in this

15  paragraph must meet level 2 screening requirements as

16  described in s. 435.04, at which time the private school shall

17  request the Department of Law Enforcement pursuant to s.

18  943.0542 to forward the fingerprints to the Federal Bureau of

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

20  person described in this paragraph are not retained by the

21  Department of Law Enforcement under subparagraph 2., the

22  person must file a complete set of fingerprints with the

23  private school. Upon submission of fingerprints for this

24  purpose, the private school shall request that the Department

25  of Law Enforcement forward the fingerprints to the Federal

26  Bureau of Investigation for level 2 screening, and the

27  fingerprints must be retained by the Department of Law

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

29  federal criminal history check required by level 2 screening

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

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

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

 2  inform the private school immediately if convicted of any

 3  disqualifying offense while in a capacity with the private

 4  school as described in this paragraph.

 5         2.  Effective December 15, 2006, all fingerprints

 6  submitted to the Department of Law Enforcement as required by

 7  this paragraph must be retained by the Department of Law

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

 9  statewide automated fingerprint identification system

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

11  thereafter be available for all purposes and uses authorized

12  for arrest fingerprint cards entered in the statewide

13  automated fingerprint identification system under s. 943.051.

14         3.  Effective December 15, 2006, the Department of Law

15  Enforcement shall search all arrest fingerprint cards received

16  under s. 943.051 against the fingerprints retained in the

17  statewide automated fingerprint identification system under

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

19  fingerprints of a person described in this paragraph must be

20  reported to the eligible private school. The eligible private

21  school shall notify the Department of Education if the arrest

22  record reported to the private school results in a person

23  failing to meet the level 2 requirements. An eligible private

24  school that fails to report this information shall be

25  immediately suspended from the program. Each eligible private

26  school shall participate in this search process by paying an

27  annual fee to the Department of Law Enforcement and by

28  informing the Department of Law Enforcement of any change in

29  the status or place of employment or engagement of services of

30  its personnel as described in this paragraph whose

31  fingerprints are retained under subparagraph 2. The Department

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 1  of Law Enforcement shall adopt a rule setting the amount of

 2  the annual fee to be imposed upon each private school for

 3  performing these searches and establishing the procedures for

 4  the retention of private school personnel fingerprints and the

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

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

 7  services, or the owner.

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

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

10  private school shall be immediately suspended from

11  participating in the program and shall remain suspended until

12  final resolution of any appeals. An eligible private school

13  that employs or engages to provide services with a person

14  described in this paragraph who fails to meet level 2

15  screening standards or has been convicted of a crime involving

16  moral turpitude may not participate in this program. The

17  Department of Law Enforcement shall provide the Department of

18  Education with the results of the state and national records

19  checks provided to the qualified entity at each private school

20  as provided in s. 943.0542.

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

22  McKay Scholarships for Students with Disabilities Program may

23  not:

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

25  scholarship student under the authority of a power of attorney

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

27  endorse scholarship warrants on behalf of parents.

28         2.  Send or direct McKay Scholarship funds to parents

29  of a scholarship student who receives instruction at home.

30         3.  Be a correspondence school or distance learning

31  school.

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

 2  s. 1002.43.

 3         5.  Accept a McKay Scholarship student until the sworn

 4  and notarized compliance statement has been completed,

 5  submitted to, and independently verified by the Department of

 6  Education.

 7         (d)  A participating private school may request that

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

 9  closed-enrollment status in the McKay Scholarship program if

10  the school is no longer accepting new students with McKay

11  Scholarships. As used in this paragraph, the term

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

13  longer accepting any new student with a McKay Scholarship.

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

15  under this section and all applicable rules adopted by the

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

17  student with a McKay Scholarship. The private school must

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

19  Department of Education. The Department of Education may grant

20  closed-enrollment status to a participating private school.

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

22  longer than 1 school year.

23         (e)  If a participating private school becomes subject

24  to an action taken by the Department of Education for a

25  violation of this section, the private school:

26         1.  Shall file a surety bond with the Department of

27  Education after the date on which the action was taken for

28  such violation but before receiving the next quarterly

29  scholarship payment;

30  

31  

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 1         2.  Shall file a surety bond with the Department of

 2  Education for 2 additional consecutive years after the date

 3  the bond was filed under subparagraph 1.; and

 4         3.  May not accept new scholarship students until the

 5  Department of Education determines that the private school is

 6  in compliance with each requirement in this section and in all

 7  rules of the State Board of Education.

 8         (5)  OBLIGATION OF PROGRAM PARTICIPANTS.--

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

10  Scholarship is exercising his or her parental option to place

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

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

13  child.

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

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

16  payment.

17         (c)  Any student participating in the scholarship

18  program must remain in attendance throughout the school year,

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

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

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

22  scholarship program must comply fully with the private

23  school's parental involvement requirements, unless excused by

24  the school for illness or other good cause.

25         (e)  If the parent requests that the student

26  participating in the scholarship program take all statewide

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

28  responsible for transporting the student to the assessment

29  site designated by the school district.

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

31  to whom the warrant is made must restrictively endorse the

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

 2  the private school.

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

 4  scholarship program may not designate any participating

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

 6  scholarship warrant.

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

 8  subsection forfeits the scholarship.

 9         (6)  SCHOLARSHIP FUNDING AND PAYMENT.--

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

11  student with disabilities shall be a calculated amount

12  equivalent to the base student allocation in the Florida

13  Education Finance Program multiplied by the appropriate cost

14  factor for the educational program that would have been

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

16  she was assigned, multiplied by the district cost

17  differential.

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

19  for exceptional students shall be determined and added to the

20  calculated amount.  The calculation shall be based on the

21  methodology and the data used to calculate the guaranteed

22  allocation for exceptional students for each district in

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

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

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

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

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

28  student allocation and the 2000-2001 district cost

29  differential for the sending district.  Also, the calculated

30  amount shall include the per-student share of supplemental

31  academic instruction funds, instructional materials funds,

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 1  technology funds, and other categorical funds as provided for

 2  such purposes in the General Appropriations Act.

 3         3.  The calculated scholarship amount for a student who

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

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

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

 7  must be based on the school district in which the parent

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

 9         4.3.  Until the school district completes the matrix

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

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

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

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

14  the payment shall be adjusted as needed.

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

16  Department of Education all students who are attending a

17  private school under this program. The students with

18  disabilities attending private schools on John M. McKay

19  Scholarships shall be reported separately from other students

20  reported for purposes of the Florida Education Finance

21  Program.

22         2.  For program participants who are eligible under

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

24  used as the basis for the calculation of the scholarship

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

26         a.  Report to the Department of Education all such

27  students who are attending a private school under this

28  program; and

29         b.  Be held harmless for such students from the

30  weighted enrollment ceiling for group 2 programs in s.

31  

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

 2  students are reported.

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

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

 5  participants, the Department of Education shall transfer, from

 6  General Revenue funds only, the amount calculated under

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

 8  entitlement under the Florida Education Finance Program and

 9  from authorized categorical accounts to a separate account for

10  the scholarship program for quarterly disbursement to the

11  parents of participating students. Funds may not be

12  transferred from any funding provided to the Florida School

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

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

15  enters the scholarship program, the Department of Education

16  must receive all documentation required for the student's

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

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

19  the first quarterly scholarship payment is made for the

20  student. The Department of Education may not make any

21  retroactive payments.

22         (7)  DUTIES OF THE DEPARTMENT OF EDUCATION.--

23         (a)  The Department of Education shall:

24         1.  Review for compliance all documentation required

25  for each scholarship student's participation, including,

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

27  student's fee schedule.

28         2.  Verify, prior to the initial scholarship payment,

29  the admission acceptance of each scholarship student to an

30  eligible private school.

31  

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

 2  enrollment and attendance of each scholarship student at the

 3  private school and that the scholarship student is not:

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

 5  1002.38.

 6         b.  Participating in a home education program as

 7  defined in s. 1002.01(1).

 8         c.  Participating in instruction delivered by a

 9  correspondence school, private tutoring program as defined in

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

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

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

13  providing education services to youth in commitment programs

14  of the Department of Juvenile Justice.

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

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

17         4.  Administer and prescribe an annual sworn and

18  notarized compliance statement for each participating private

19  school and independently verify the information provided by

20  each participating private school.

21         5.  Review and verify the results of the background

22  checks reported by the private school pursuant to subsection

23  (4) for each person who fails to meet level 2 screening

24  standards or who has been convicted of a crime involving moral

25  turpitude.

26         6.  Determine the eligibility of a private school to

27  accept McKay Scholarship students, based upon independent

28  verification that the private school meets all the

29  requirements in this section and all applicable rules adopted

30  by the State Board of Education.

31  

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

 2  schools.

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

 4  list of eligible private schools within 10 days after the

 5  private school is determined to be eligible to participate in

 6  the McKay Scholarship program.

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

 8  eligible private schools any school that is determined by the

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

10  provided for in paragraph (b).

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

12  eligible private schools any school that is determined by the

13  Department of Education to be an ineligible school, as

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

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

16  to allow the participation of any private school if it

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

18  administrators has failed to meet the requirements for initial

19  application or renewal as provided in this section.

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

21  of noncompliance pursuant to s. 120.695 to any participating

22  private school that violates any of the provisions of this

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

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

25  private school fails to satisfy the requirements specified in

26  the notice of noncompliance within 30 days after its receipt

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

28  emergency order revoking the registration of the participating

29  private school. The Department of Education shall issue an

30  emergency order to immediately revoke the registration of a

31  

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 1  participating private school for a violation that is not a

 2  minor violation as defined in s. 120.695.

 3         (d)  The Department of Education shall revoke the

 4  scholarship for a participant who fails to comply with the

 5  requirements in subsection (5) or who:

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

 7  1002.38.

 8         2.  Participates in a home education program as defined

 9  in s. 1002.01(1).

10         3.  Participates in instruction delivered by a

11  correspondence school, a private tutoring program as defined

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

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

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

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

16  location.

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

18  providing educational services to youth in commitment programs

19  of the Department of Juvenile Justice.

20         (e)  The Department of Education shall conduct an

21  investigation of any written complaint of a violation of this

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

23  legally sufficient. A complaint is legally sufficient if it

24  contains ultimate facts that show that a violation of this

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

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

27  Department of Education may require supporting information or

28  documentation. The Department of Education may investigate any

29  complaint, including, but not limited to, anonymous

30  complaints.

31  

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

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

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

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

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

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

 7  calculation error; or

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

 9  student's individual education plan completed by the school

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

11  enrolling in or attending a private school.

12  

13  The department must report any change made under this

14  paragraph to the school district and the parent of the

15  student.

16         (8)  DUTIES OF THE AUDITOR GENERAL.--Notwithstanding

17  any other law to the contrary, the Auditor General must

18  include in the operational audit of the Department of

19  Education the John M. McKay Scholarships for Students with

20  Disabilities Program. The Auditor General must include in the

21  audit a review of a sample of the warrants used to pay for the

22  scholarships, as well as random site visits to private schools

23  participating in the John M. McKay Scholarships for Students

24  with Disabilities Program. The purpose of the site visits is

25  solely to verify the information reported by the schools

26  concerning the enrollment and attendance of students, the

27  credentials of teachers, background screening of teachers, and

28  fingerprinting results of teachers, which information is

29  required by rules of the State Board of Education or

30  subsection (4). The Auditor General may not make more than one

31  random site visit each year to the same private school, and

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 1  each random site visit must be based upon probable cause of a

 2  violation of this section or other applicable laws.

 3         (9)(7)  LIABILITY.--No liability shall arise on the

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

 5  Scholarship.

 6         (10)(8)  RULES.--The State Board of Education shall

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

 8  administer this section, including rules that school districts

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

10  based on a current individual education plan from another

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

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

13  States Armed Forces. The rules must identify the appropriate

14  school district personnel who must complete the matrix of

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

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

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

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

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

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

21  orders. The rules must include provisions for:

22         (a)  Administering the annual sworn and notarized

23  compliance statement to all participating private schools;

24         (b)  Establishing procedures for schools to request

25  closed-enrollment and active status;

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

27  school district and the department;

28         (d)  Implementing the requirement that a private school

29  timely notify the Department of Education of material changes

30  to the school's registration information;

31  

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 1         (e)  Establishing attendance-verification procedures

 2  and forms; and

 3         (f)  Establishing procedures for determining student

 4  eligibility and approving scholarships.

 5  

 6  The rules related to the annual sworn and notarized compliance

 7  statement must establish a deadline for the receipt of the

 8  initial sworn and notarized compliance statement from the

 9  private school and must enumerate the items to be included in

10  the statement. The rules must enumerate the items to be

11  included in a subsequent annual sworn and notarized compliance

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

13  private school. However, the inclusion of eligible private

14  schools within options available to Florida public school

15  students does not expand the regulatory authority of the

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

17  additional regulation of private schools beyond those

18  reasonably necessary to enforce requirements expressly set

19  forth in this section.

20         Section 2.  The State Board of Education shall initiate

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

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

23  report to the presiding officers of the Legislature by

24  December 1, 2006, on the status of the rulemaking required by

25  this act.

26         Section 3.  Section 220.187, Florida Statutes, is

27  amended to read:

28         220.187  Credits for contributions to nonprofit

29  scholarship-funding organizations.--

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

31  Scholarship Program."

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

 2         (a)  Encourage private, voluntary contributions to

 3  nonprofit scholarship-funding organizations.

 4         (b)  Expand educational opportunities for children of

 5  families that have limited financial resources.

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

 7  level of excellence in their education.

 8         (3)(2)  DEFINITIONS.--As used in this section, the

 9  term:

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

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

12  contribution from a taxpayer, subject to the restrictions

13  provided in this section, to an eligible nonprofit

14  scholarship-funding organization. The taxpayer making the

15  contribution may not designate a specific child as the

16  beneficiary of the contribution. The taxpayer may not

17  contribute more than $5 million to any single eligible

18  nonprofit scholarship-funding organization.

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

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

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

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

23  (6). An eligible private school:

24         1.  Must maintain a physical location in this state

25  where each scholarship student regularly attends classes.

26         2.  May not be a correspondence school or distance

27  learning school.

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

29  parent of a scholarship student who receives instruction under

30  the program at home.

31  

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

 2  s. 1002.01(1).

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

 4  in s. 1002.43.

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

 6  organization" means a charitable organization that is exempt

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

 8  Internal Revenue Code, is incorporated under laws of this

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

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

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

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

13  with equivalent decisionmaking authority who owns, operates,

14  or administers an eligible nonprofit scholarship-funding

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

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

17  scholarship funds or eligible contributions at an eligible

18  nonprofit scholarship-funding organization or eligible private

19  school.

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

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

22  School Lunch Act and who:

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

24  during the previous state fiscal year for purposes of state

25  per-student funding;

26         2.  Received a scholarship from an eligible nonprofit

27  scholarship-funding organization during the previous school

28  year; or

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

30  

31  

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

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

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

 4  operating for the purpose of providing educational services to

 5  youth in a commitment program of the Department of Juvenile

 6  Justice may not be counted as a full-time equivalent student

 7  for the previous state fiscal year for purposes of state

 8  per-student funding under this program. A student is

 9  ineligible to receive a scholarship under this section if the

10  student is participating in the Opportunity Scholarship

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

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

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

14  in a school operating for the purpose of providing educational

15  services to youth in commitment programs of the Department of

16  Juvenile Justice. A student is ineligible to receive a

17  scholarship from more than one eligible nonprofit

18  scholarship-funding organization at the same time.

19         (4)(3)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX

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

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

22  eligible contribution against any tax due for a taxable year

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

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

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

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

27  statewide amount authorized for the tax credit shall be

28  reserved for taxpayers who meet the definition of a small

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

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

31  difference between the amount of federal corporate income tax

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

 2  amount of federal corporate income tax without application of

 3  the credit granted by this section.

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

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

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

 7  beginning January 1, 2006, 1 percent of the total statewide

 8  amount authorized for the tax credit must be reserved for

 9  taxpayers that are small businesses as defined in s.

10  288.703(1) at the time of application.

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

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

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

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

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

16         (d)  Effective for tax years beginning January 1, 2006,

17  a taxpayer may rescind its application for tax credit under

18  this section, and the amount approved in the application for

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

20  that state fiscal year under this section to an eligible

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

22  taxpayer receives notice from the Department of Revenue that

23  the rescindment application has been accepted by the

24  Department of Revenue, the taxpayer has not previously

25  rescinded its application for tax credit under this section

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

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

28  the credit was approved. Any amount rescinded under this

29  paragraph shall become available to an eligible taxpayer on a

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

31  

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 1  applications received after the date the rescindment is

 2  accepted by the Department of Revenue.

 3         (5)(4)  OBLIGATIONS OF ELIGIBLE NONPROFIT

 4  SCHOLARSHIP-FUNDING ORGANIZATIONS.--

 5         (a)  An eligible nonprofit scholarship-funding

 6  organization shall provide scholarships, from eligible

 7  contributions, to qualified students for:

 8         1.  Tuition or textbook expenses for, or transportation

 9  to, an eligible private nonpublic school. At least 75 percent

10  of each the scholarship funding must be used to pay tuition

11  expenses; or

12         2.  Transportation expenses to a Florida public school

13  that is located outside the district in which the student

14  resides.

15         (b)  An eligible nonprofit scholarship-funding

16  organization shall give priority to qualified students who

17  received a scholarship from an eligible nonprofit

18  scholarship-funding organization during the previous school

19  year.

20         (c)  The amount of a scholarship provided to any child

21  for any single school year by one or more all eligible

22  nonprofit scholarship-funding organizations from eligible

23  contributions may shall not exceed the following annual

24  limits:

25         1.  Three thousand five hundred dollars for a

26  scholarship awarded to a student enrolled in an eligible

27  private nonpublic school.

28         2.  Five hundred dollars for a scholarship awarded to a

29  student enrolled in a Florida public school that is located

30  outside the district in which the student resides.

31  

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 1         (d)  The amount of an eligible contribution which may

 2  be accepted by an eligible nonprofit scholarship-funding

 3  organization is limited to the amount needed to provide

 4  scholarships for qualified students whom which the

 5  organization has identified and for whom which vacancies in

 6  eligible private nonpublic schools have been identified.

 7         (e)1.  An eligible nonprofit scholarship-funding

 8  organization that receives an eligible contribution must

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

10  was received, spend 100 percent of the eligible contribution

11  to provide scholarships, provided that up to 5 percent of the

12  total contribution may be carried forward for scholarships to

13  be granted in the following same state fiscal year in which

14  the contribution was received. No portion of eligible

15  contributions may be used for administrative expenses. All

16  interest accrued from contributions must be used for

17  scholarships.

18         2.  An eligible nonprofit scholarship-funding

19  organization, with the prior approval of the Department of

20  Education, may transfer funds to another eligible nonprofit

21  scholarship-funding organization if additional funds are

22  required to meet scholarship demand at the receiving nonprofit

23  scholarship-funding organization. A transfer may not exceed

24  the greater of $500,000 or 20 percent of the total

25  contributions received by the nonprofit scholarship-funding

26  organization making the transfer. All transferred funds must

27  be deposited by the receiving nonprofit scholarship-funding

28  organization into its scholarship accounts. All transferred

29  amounts received by any nonprofit scholarship-funding

30  organization must be separately disclosed in the annual

31  financial and compliance audit required in this section.

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 1         (f)  An eligible nonprofit scholarship-funding

 2  organization that receives eligible contributions must, within

 3  180 days after the end of the organization's fiscal year,

 4  provide to the Auditor General and the Department of Education

 5  an annual financial and compliance audit of its accounts and

 6  records conducted by an independent certified public

 7  accountant and in accordance with rules adopted by the Auditor

 8  General. The Auditor General shall review all audit reports

 9  submitted pursuant to this section. The Auditor General shall

10  request any significant items that were omitted in violation

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

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

13  eligible nonprofit scholarship-funding organization does not

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

15  shall notify the Legislative Auditing Committee. The

16  Legislative Auditing Committee may schedule a hearing. If a

17  hearing is scheduled, the committee shall determine if the

18  eligible nonprofit scholarship-funding organization should be

19  subject to further state action. If the committee determines

20  that the eligible nonprofit scholarship-funding organization

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

22  notify the Department of Education, which shall terminate the

23  eligibility of the eligible nonprofit scholarship-funding

24  organization to participate in the program under this section.

25         (g)  An eligible nonprofit scholarship-funding

26  organization shall make payment of the scholarship at least

27  quarterly. Payment of the scholarship by the eligible

28  nonprofit scholarship-funding organization shall be by

29  individual warrant or check made payable to the student's

30  parent. If the parent chooses for his or her child to attend

31  an eligible private nonpublic school, the warrant or check

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 1  must be mailed by the eligible nonprofit scholarship-funding

 2  organization to the private nonpublic school of the parent's

 3  choice, and the parent shall restrictively endorse the warrant

 4  or check to the private nonpublic school. An eligible

 5  nonprofit scholarship-funding organization shall ensure that,

 6  upon receipt of a scholarship warrant or check, the parent to

 7  whom the warrant or check is made restrictively endorses the

 8  warrant or check to the private nonpublic school of the

 9  parent's choice for deposit into the account of the private

10  nonpublic school.

11         (h)  An eligible nonprofit scholarship-funding

12  organization may not commingle scholarship funds with any

13  other funds and must maintain a separate account for

14  scholarship funds.

15         (i)  An eligible nonprofit scholarship-funding

16  organization shall obtain verification from a private school

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

18  prior to each scholarship payment.

19         (j)  An eligible nonprofit scholarship-funding

20  organization must verify the income of all scholarship

21  applicants participating in the program at least once each

22  school year through independent income documentation as

23  provided in rules of the State Board of Education.

24         (k)  An eligible nonprofit scholarship-funding

25  organization must prepare and submit quarterly reports to the

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

27  addition, an eligible nonprofit scholarship-funding

28  organization must timely submit to the Department of Education

29  any information requested by the Department of Education

30  relating to the scholarship program.

31  

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 1         (l)  All owners of an eligible nonprofit

 2  scholarship-funding organization shall, upon employment or

 3  engagement to provide services, undergo background screening

 4  pursuant to s. 943.0542 by electronically filing with the

 5  Department of Law Enforcement, for state processing, a

 6  complete set of fingerprints taken by an authorized law

 7  enforcement agency or by an employee of the eligible nonprofit

 8  scholarship-funding organization or a private company who is

 9  trained to take fingerprints. However, the complete set of

10  fingerprints of an owner may not be taken by the owner. The

11  Department of Law Enforcement shall submit the fingerprints to

12  the Federal Bureau of Investigation for federal processing.

13  The eligible nonprofit scholarship-funding organization shall

14  screen the background results pursuant to s. 435.04 and timely

15  report to the Department of Education any owner who fails to

16  meet level 2 screening standards pursuant to s. 435.04 or any

17  owner who has been convicted of a crime involving moral

18  turpitude. The Department of Education shall verify the

19  information reported by the eligible nonprofit

20  scholarship-funding organization. An owner who is found

21  through fingerprint processing to have been convicted of a

22  crime involving moral turpitude or who fails to meet level 2

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

24  or engaged to provide services in any position with the

25  eligible nonprofit scholarship-funding organization. The cost

26  of the background screening may be borne by the eligible

27  nonprofit scholarship-funding organization or the owner.

28         1.  Every 5 years following employment or engagement to

29  provide services with an eligible nonprofit

30  scholarship-funding organization, each owner must meet level 2

31  screening requirements as described in s. 435.04, at which

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 1  time the nonprofit scholarship-funding organization shall

 2  request the Department of Law Enforcement pursuant to s.

 3  943.0542 to forward the fingerprints to the Federal Bureau of

 4  Investigation for level 2 screening. If the fingerprints of an

 5  owner are not retained by the Department of Law Enforcement

 6  under subparagraph 2., the owner must file a complete set of

 7  fingerprints with the eligible nonprofit scholarship-funding

 8  organization. Upon submission of fingerprints for this

 9  purpose, the eligible nonprofit scholarship-funding

10  organization shall request that the Department of Law

11  Enforcement forward the fingerprints to the Federal Bureau of

12  Investigation for level 2 screening, and the fingerprints

13  shall be retained by the Department of Law Enforcement under

14  subparagraph 2. The cost of the state and federal criminal

15  history check required by level 2 screening may be borne by

16  the eligible nonprofit scholarship-funding organization or the

17  owner. Under penalty of perjury, each owner must agree to

18  inform the eligible nonprofit scholarship-funding organization

19  immediately if convicted of any disqualifying offense while he

20  or she is employed by or engaged to provide services with the

21  eligible nonprofit scholarship-funding organization.

22         2.  Effective December 15, 2006, all fingerprints

23  submitted to the Department of Law Enforcement as required by

24  this paragraph must be retained by the Department of Law

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

26  statewide automated fingerprint identification system

27  authorized by s. 943.05(2)(b). The fingerprints must

28  thereafter be available for all purposes and uses authorized

29  for arrest fingerprint cards entered in the statewide

30  automated fingerprint identification system pursuant to s.

31  943.051.

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 1         3.  Effective December 15, 2006, the Department of Law

 2  Enforcement shall search all arrest fingerprint cards received

 3  under s. 943.051 against the fingerprints retained in the

 4  statewide automated fingerprint identification system under

 5  subparagraph 2. Any arrest record that is identified with an

 6  owner's fingerprints must be reported to the eligible

 7  nonprofit scholarship-funding organization. The eligible

 8  nonprofit scholarship-funding organization shall notify the

 9  Department of Education if the arrest record reported to the

10  organization results in a person's failing to meet the level 2

11  requirements. An eligible nonprofit scholarship-funding

12  organization that fails to report this information shall be

13  immediately suspended from the program. Each eligible

14  nonprofit scholarship-funding organization shall participate

15  in this search process by paying an annual fee to the

16  Department of Law Enforcement and by informing the Department

17  of Law Enforcement of any change in the employment or

18  engagement status or place of employment or engagement of its

19  owners whose fingerprints are retained under subparagraph 2.

20  The Department of Law Enforcement shall adopt a rule setting

21  the amount of the annual fee to be imposed upon each eligible

22  nonprofit scholarship-funding organization for performing

23  these searches and establishing the procedures for the

24  retention of owner fingerprints and the dissemination of

25  search results. The fee may be borne by the eligible nonprofit

26  scholarship-funding organization or by the owner.

27         4.  If it is found that an owner of an eligible

28  nonprofit scholarship-funding organization does not meet level

29  2 requirements, the eligible nonprofit scholarship-funding

30  organization shall be immediately suspended from participating

31  in the program and shall remain suspended until final

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 1  resolution of any appeals. An eligible nonprofit

 2  scholarship-funding organization the owner of which fails to

 3  meet level 2 screening standards or has been convicted of a

 4  crime involving moral turpitude may not participate in this

 5  program.

 6  

 7  The Department of Law Enforcement shall provide the Department

 8  of Education with the results of the state and national

 9  records checks provided to the qualified entity at each

10  private school as provided in s. 943.0542.

11         (m)  If the owner of an eligible nonprofit

12  scholarship-funding organization has in the immediately

13  preceding 7 years filed for personal bankruptcy or owned 20

14  percent or more of a corporation that filed for corporate

15  bankruptcy in the immediately preceding 7 years, the eligible

16  nonprofit scholarship-funding organization may not participate

17  in this program.

18         (n)  An eligible nonprofit scholarship-funding

19  organization must comply with the antidiscrimination

20  provisions of 42 U.S.C. s. 2000d.

21         (o)  An eligible nonprofit scholarship-funding

22  organization or an owner of an eligible nonprofit

23  scholarship-funding organization may not own, operate, or

24  administer an eligible private school participating in the

25  program.

26         (p)  An eligible nonprofit scholarship-funding

27  organization must report to the Department of Education any

28  eligible private school participating in the scholarship

29  program under this section which does not comply with the

30  requirements of this program. The eligible nonprofit

31  scholarship-funding organization may not provide additional

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 1  scholarship funds for a qualified student to attend an

 2  eligible private school until the State Board of Education

 3  determines that the school is in compliance with this section.

 4         (q)  An eligible nonprofit scholarship-funding

 5  organization must allow a qualified student to attend any

 6  eligible private school and must allow the parent to transfer

 7  the scholarship during the school year to another eligible

 8  private school of the parent's choice.

 9         (r)  An eligible nonprofit scholarship-funding

10  organization must provide a scholarship to a qualified student

11  on a first-come, first-served basis unless the student

12  qualifies for priority pursuant to paragraph (5)(b). An

13  eligible nonprofit scholarship-funding organization may not

14  target scholarships to a particular private school or provide

15  scholarships to a child of an owner.

16         (s)  An eligible nonprofit scholarship-funding

17  organization may not secure a promissory note, a line of

18  credit, or other financing to fund a scholarship in

19  anticipation of an eligible contribution. An eligible

20  scholarship-funding organization may fund scholarships only

21  through eligible contributions received under the scholarship

22  program.

23         (t)  An eligible nonprofit scholarship-funding

24  organization that fails to comply with this section may not

25  participate in the scholarship program.

26         (6)(5)  PARENT OBLIGATIONS.--

27         (a)  As a condition for scholarship payment pursuant to

28  paragraph (4)(g), if the parent chooses for his or her child

29  to attend an eligible private nonpublic school, the parent

30  must inform the child's school district within 15 days after

31  the such decision has been made.

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 1         (b)  Any student participating in the scholarship

 2  program must remain in attendance throughout the school year,

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

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

 5         (c)  The parent of each student participating in the

 6  scholarship program must comply fully with the eligible

 7  private school's parental-involvement requirements unless

 8  excused by the school for good cause.

 9         (d)  Upon receipt of scholarship funds from an eligible

10  nonprofit scholarship-funding organization, the parent to whom

11  the warrant is made must restrictively endorse the warrant to

12  the eligible private school for deposit into the account of

13  the private school. If a parent refuses to restrictively

14  endorse a warrant to which an eligible private school is

15  lawfully entitled, that student's scholarship shall be

16  forfeited. The parent may not authorize the eligible private

17  school, its owners, or employees to act as an attorney in fact

18  for purposes of endorsing scholarship warrants.

19         (e)  The parent of each qualified student participating

20  in the scholarship program must ensure that the student

21  participates in the required testing pursuant to this section.

22         (f)  A student or parent who fails to comply with this

23  subsection forfeits the scholarship.

24         (7)(6)  ELIGIBLE PRIVATE NONPUBLIC SCHOOL

25  OBLIGATIONS.--An eligible private nonpublic school must:

26         (a)  Demonstrate fiscal soundness by being in operation

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

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

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

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

31  If the private school becomes subject to an action taken by

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 1  the Department of Education for a violation of this section,

 2  the school:

 3         1.  Shall file a surety bond with the Department of

 4  Education after the date on which the action was taken for

 5  such violation but before receiving the next quarterly

 6  scholarship payment;

 7         2.  Shall file a surety bond with the Department of

 8  Education for 2 additional consecutive years after the date

 9  the bond was filed under subparagraph 1.; and

10         3.  May not accept new scholarship students until the

11  Department of Education determines that the private school is

12  in compliance with each requirement in this section and in all

13  rules of the State Board of Education. with a statement by a

14  certified public accountant confirming that the nonpublic

15  school desiring to participate is insured and the owner or

16  owners have sufficient capital or credit to operate the school

17  for the upcoming year serving the number of students

18  anticipated with expected revenues from tuition and other

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

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

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

22  with the department.

23         (b)  Comply with the antidiscrimination provisions of

24  42 U.S.C. s. 2000d.

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

26  codes.

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

28  regulation of private nonpublic schools.

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

30  and direct contact with each student receiving a scholarship

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

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

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

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

 4  qualifies them to provide instruction in subjects taught. As

 5  part of the sworn-compliance form authorized under subsection

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

 7  of Education the number of teachers employed or under contract

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

 9  which the teacher meets the requirements of this paragraph.

10         (f)  Annually register with the Department of

11  Education. Each eligible private school must annually provide

12  the following information to the Department of Education:

13         1.  The legal business and trade names, mailing

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

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

16  numbers of an owner of the eligible private school;

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

18  receiving a scholarship under this section; and

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

20  intent to participate in the program under this section.

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

22  contracted to provide services to fill positions requiring

23  direct contact with students in the eligible private school,

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

25  employment or engagement to provide services, undergo

26  background screening pursuant to s. 943.0542 by electronically

27  filing with the Department of Law Enforcement a complete set

28  of fingerprints taken by an authorized law enforcement agency

29  or by an employee of the eligible private school or public

30  school, or an employee of a private company, who is trained to

31  take fingerprints. However, the complete set of fingerprints

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 1  of an owner of an eligible private school may not be taken by

 2  the owner. These fingerprints must be electronically submitted

 3  to the Department of Law Enforcement for state processing,

 4  which shall in turn submit the fingerprints to the Federal

 5  Bureau of Investigation for federal processing. The private

 6  school shall screen the background results pursuant to s.

 7  435.04 and timely report to the Department of Education any

 8  person described in this paragraph who fails to meet level 2

 9  screening standards pursuant to s. 435.04 or any person

10  described in this paragraph who has been convicted of a crime

11  involving moral turpitude. The Department of Education shall

12  verify the information reported by the eligible private

13  school. Any person described in this paragraph who is found

14  through fingerprint processing to have been convicted of a

15  crime involving moral turpitude or who fails to meet level 2

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

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

18  private school requiring direct contact with students and may

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

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

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

22  owner.

23         1.  Every 5 years each person described in this

24  paragraph must meet level 2 screening requirements as

25  described in s. 435.04, at which time the private school shall

26  request the Department of Law Enforcement pursuant to s.

27  943.0542 to forward the fingerprints to the Federal Bureau of

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

29  person described in this paragraph are not retained by the

30  Department of Law Enforcement under subparagraph 2., the

31  person must file a complete set of fingerprints with the

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 1  private school. Upon submission of fingerprints for this

 2  purpose, the private school shall request the Department of

 3  Law Enforcement to forward the fingerprints to the Federal

 4  Bureau of Investigation for level 2 screening, and the

 5  fingerprints must be retained by the Department of Law

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

 7  federal criminal history check required by level 2 screening

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

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

10  penalty of perjury, each person described in this paragraph

11  must agree to inform the eligible private school immediately

12  if convicted of any disqualifying offense while in a capacity

13  with the eligible private school as described in this

14  paragraph.

15         2.  Effective December 15, 2006, all fingerprints

16  submitted to the Department of Law Enforcement as required by

17  this paragraph must be retained by the Department of Law

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

19  statewide automated fingerprint identification system

20  authorized by s. 943.05(2)(b). Such fingerprints must

21  thereafter be available for all purposes and uses authorized

22  for arrest fingerprint cards entered in the statewide

23  automated fingerprint identification system pursuant to s.

24  943.051.

25         3.  Effective December 15, 2006, the Department of Law

26  Enforcement shall search all arrest fingerprint cards received

27  under s. 943.051 against the fingerprints retained in the

28  statewide automated fingerprint identification system under

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

30  fingerprints of a person described in this paragraph must be

31  reported to the eligible private school. The eligible private

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 1  school shall notify the Department of Education if the arrest

 2  record reported to the private school results in a person's

 3  failing to meet the level 2 requirements. An eligible private

 4  school that fails to report this information shall be

 5  immediately suspended from the program. Each eligible private

 6  school shall participate in this search process by paying an

 7  annual fee to the Department of Law Enforcement and by

 8  informing the Department of Law Enforcement of any change in

 9  the status or place of employment or engagement of services of

10  its personnel as described in this paragraph whose

11  fingerprints are retained under subparagraph 2. The Department

12  of Law Enforcement shall adopt a rule setting the amount of

13  the annual fee to be imposed upon each eligible private school

14  for performing these searches and establishing the procedures

15  for the retention of eligible private school personnel

16  fingerprints and the dissemination of search results. The fee

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

18  person engaged to provide services, or the owner.

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

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

21  private school shall be immediately suspended from

22  participating in the program and shall remain suspended until

23  final resolution of any appeals. An eligible private school

24  that employs or engages to provide services with a person

25  described in this paragraph who fails to meet level 2

26  screening standards or has been convicted of a crime involving

27  moral turpitude may not participate in this program.

28  

29  The Department of Law Enforcement shall provide the Department

30  of Education with the results of the state and national

31  

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 1  records checks provided to the qualified entity at each

 2  private school as provided in s. 943.0542.

 3         (h)1.  Select one of the four nationally

 4  norm-referenced tests identified by the State Board of

 5  Education under subsection (8) for each scholarship student.

 6  The test initially selected for a student must be used for

 7  that student for no less than 5 consecutive years. However,

 8  the private school may use an updated version of the same

 9  test, based on the new norms, from the same publisher.

10         2.  Annually administer or provide for each scholarship

11  student to take the nationally norm-referenced test selected

12  under subparagraph 1. and report each student's scores to the

13  parent and the public university that is selected by the

14  Commissioner of Education under subsection (8).

15         (i)  Cooperate with a scholarship student whose parent

16  choses to participate in the statewide assessments under s.

17  1008.22.

18         (j)  Annually comply with the Department of Education's

19  affidavit requirements as provided in subsection (9).

20         (k)  Timely notify in writing the Department of

21  Education and the eligible nonprofit scholarship-funding

22  organization if a qualified student is ineligible to

23  participate in the scholarship program.

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

25  the scholarship applicants of the eligible private school if

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

27  or less.

28         (m)  Report annually to the Department of Education and

29  the scholarship applicants of the eligible private school:

30         1.  Whether the eligible private school is accredited

31  by an in-state or regional accrediting association that is

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

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

 3         2.  The name of the accrediting association that

 4  accredits the eligible private school; and

 5         3.  Whether the eligible private school is in the

 6  process of receiving candidate status.

 7  

 8  The Department of Education shall make the annual list of

 9  accredited and nonaccredited eligible private schools

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

11  county.

12         (n)  Comply with this section's requirements. An

13  eligible private school that fails to comply with this section

14  is ineligible to participate in the scholarship program under

15  this section.

16         (o)  Accept scholarship students on a religious-neutral

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

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

19  the private school.

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

21  Department of Education shall:

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

23  Revenue a list of eligible nonprofit scholarship-funding

24  organizations that meet the requirements of this section.

25         (b)  Annually determine the eligibility of nonprofit

26  scholarship-funding organizations that meet the requirements

27  of this section. The Department of Education must determine

28  the eligibility of the nonprofit scholarship-funding

29  organization within 90 days after the nonprofit

30  scholarship-funding organization's application for approval to

31  participate in the program. The Department of Education must

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 1  provide written notice of approval or denial to participate in

 2  the program to the nonprofit scholarship-funding organization.

 3  The notice must contain the specific reasons for approval or

 4  denial.

 5         (c)  Annually determine the eligibility of private

 6  schools that meet the requirements of this section. The

 7  Department of Education must maintain a list of eligible

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

 9  public.

10         (d)  Annually verify the eligibility of students that

11  meet the requirements of this section. The Department of

12  Education must maintain a database of students participating

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

14  quarterly, update its database to ensure that a student

15  continues to meet the requirements of this section. The

16  Department of Education must timely notify an eligible

17  nonprofit scholarship-funding organization of any student who

18  fails to meet the requirements of this section.

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

20  expenditures under this section.

21         (f)  Annually review all audit reports of eligible

22  nonprofit scholarship-funding organizations for compliance

23  with this section.

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

25  affidavits from private schools certifying compliance with

26  this section.

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

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

29  the Florida Comprehensive Assessment Test. The State Board of

30  Education may not identify more than four norm-referenced

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

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 1  State Board of Education may select the Florida Comprehensive

 2  Assessment Test as one of the four tests for use in meeting

 3  such requirements. The Commissioner of Education shall select

 4  a Florida public university to analyze and report student

 5  performance data for each scholarship student.  The

 6  Commissioner of Education shall select the university based

 7  upon the university's mission and the university's

 8  demonstrated experience in the analysis of student performance

 9  data.  The university must report annually on the year-to-year

10  improvements of the qualified students and must analyze and

11  report student performance data, including student scores by

12  grade level, in a manner that protects the rights of students

13  and parents as mandated in 20 U.S.C. s. 1232g and must not

14  disaggregate data to a level that will disclose the identity

15  of students.  Any comparison of student performance data

16  between two or more eligible private schools must be solely

17  based on the performance of qualified scholarship students.

18         (i)  The Department of Education shall conduct an

19  investigation of any written complaint of a violation of this

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

21  legally sufficient. A complaint is legally sufficient if it

22  contains ultimate facts that show that a violation of this

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

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

25  Department of Education may require supporting information or

26  documentation. The Department of Education may investigate any

27  complaint, including, but not limited to, anonymous

28  complaints.

29         (j)  Revoke the eligibility of a nonprofit

30  scholarship-funding organization, private school, or student

31  

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 1  to participate in the program for noncompliance with this

 2  section.

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

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

 5  Representatives the Department of Education's actions with

 6  respect to implementing accountability in the scholarship

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

 8  substantiated allegations or violations of law or rule by an

 9  eligible nonprofit scholarship-funding organization or

10  eligible private school under this program and the corrective

11  action taken by the Department of Education.

12         (l)  Review and verify the results of the background

13  checks reported by the private school pursuant to subsections

14  (5) and (7) for each person who fails to meet level 2

15  screening standards or who has been convicted of a crime

16  involving moral turpitude.

17         (9)(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. The total amount of tax credits and carryforward

27  of tax credits granted each state fiscal year under this

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

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

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

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

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

 2  transaction.

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

 4  section shall be submitted to the Department of Revenue on

 5  forms established by rule of the Department of Revenue.

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

 7  Education shall develop a cooperative agreement to assist in

 8  the administration of this section. The Department of

 9  Education shall be responsible for annually submitting, by

10  March 15, to 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 of Revenue shall adopt rules

19  necessary to administer this section, including rules

20  establishing application forms and procedures and governing

21  the allocation of tax credits and carryforward credits under

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

23         (e)  The State Board of Education Department of

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

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

26         1.  Determining necessary to determine eligibility of

27  nonprofit scholarship-funding organizations and private

28  schools;

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

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

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

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 1         3.  Requiring documentation to establish eligibility

 2  for nonprofit scholarship-funding organizations;

 3         4.  Requiring an affidavit, which comports with this

 4  section's requirements for private schools that participate in

 5  the scholarship program; and

 6         5.  Requiring independent income-verification

 7  documentation to establish student eligibility under this

 8  section.

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

10  authority under this section to the Commissioner of Education

11  with the exception of rulemaking authority.

12         (10)(8)  DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All

13  eligible contributions received by an eligible nonprofit

14  scholarship-funding organization shall be deposited in a

15  manner consistent with s. 17.57(2).

16         Section 4.  If s. 1002.39, Florida Statutes, the John

17  M. McKay Scholarships for Students with Disabilities Program,

18  is found to violate s. 3 of Art. I of the State Constitution,

19  a nonsectarian private school may continue to participate in

20  the program.

21         Section 5.  This act shall take effect upon becoming a

22  law.

23  

24            *****************************************

25                          SENATE SUMMARY

26    Revises various provisions of the John M. McKay
      Scholarships for Students with Disabilities Program.
27    Revises the eligibility requirements. Revises
      requirements for participating private schools. Provides
28    requirements for background screening. Requires audits of
      the program. Authorizes the State Board of Education to
29    adopt rules. Revises the Corporate Tax Credit Scholarship
      Program. Provides limitations on contributions. Provides
30    for audits. Provides requirements for background
      screening. Requires the State Board of Education to adopt
31    rules. (See bill for details.)

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