1 | A bill to be entitled |
2 | An act relating to scholarship program accountability; |
3 | amending s. 1002.39, F.S., relating to the John M. McKay |
4 | Scholarships for Students with Disabilities Program; |
5 | revising definition of the term "students with |
6 | disabilities"; revising student eligibility requirements |
7 | for receipt of a scholarship and restricting eligibility |
8 | therefor; providing for term of a scholarship; revising |
9 | and adding school district obligations and clarifying |
10 | parental options; revising and adding Department of |
11 | Education obligations, including verification of |
12 | eligibility of private schools and establishment of a |
13 | process for notification of violations, subsequent inquiry |
14 | or investigation, and certification of compliance by |
15 | private schools; providing Commissioner of Education |
16 | authority and obligations, including the denial, |
17 | suspension, or revocation of a private school's |
18 | participation in the scholarship program and procedures |
19 | and timelines therefor; revising private school |
20 | eligibility and obligations, including compliance with |
21 | specified laws and academic accountability to the parent; |
22 | revising parent and student responsibilities for |
23 | scholarship program participation; prohibiting power of |
24 | attorney for endorsing a scholarship warrant; revising |
25 | provisions relating to scholarship funding and payment; |
26 | providing funding and payment requirements for former |
27 | Florida School for the Deaf and the Blind students and for |
28 | students exiting a Department of Juvenile Justice program; |
29 | providing Department of Financial Services obligations; |
30 | amending s. 220.187, F.S., relating to credits for |
31 | contributions to nonprofit scholarship-funding |
32 | organizations; revising and providing definitions; naming |
33 | the Corporate Income Tax Credit Scholarship Program; |
34 | providing student eligibility requirements for receipt of |
35 | a corporate income tax credit scholarship and restricting |
36 | eligibility therefor; revising provisions relating to tax |
37 | credit for small businesses; providing for adjustment of |
38 | the total amount of tax credits and carryforward of tax |
39 | credits; providing for rescindment of tax credit |
40 | allocation; revising and adding obligations of eligible |
41 | nonprofit scholarship-funding organizations, including |
42 | compliance with requirements for background checks of |
43 | owners and operators, scholarship-funding organization |
44 | ownership or operation, carryforward and transfer of |
45 | funds, audits, and reports; specifying background |
46 | screening requirements and procedures; requiring certain |
47 | information to remain confidential in accordance with s. |
48 | 213.053, F.S.; revising and adding parent and student |
49 | responsibilities for scholarship program participation, |
50 | including compliance with a private school's published |
51 | policies, participation in student academic assessment, |
52 | and restrictive endorsement of scholarship warrants; |
53 | prohibiting power of attorney for endorsing a scholarship |
54 | warrant; revising and adding private school eligibility |
55 | requirements and obligations, including compliance with |
56 | specified laws and academic accountability to the parent; |
57 | revising and adding Department of Education obligations, |
58 | including verification of eligibility of program |
59 | participants, establishment of a process for notification |
60 | of violations, subsequent inquiry or investigation, |
61 | certification of compliance by private schools, and |
62 | selection of a research organization to analyze student |
63 | performance data; providing Commissioner of Education |
64 | authority and obligations, including the denial, |
65 | suspension, or revocation of a private school's |
66 | participation in the scholarship program and procedures |
67 | and timelines therefor; revising and adding provisions |
68 | relating to scholarship funding and payment, including the |
69 | amount of a scholarship and the payment process; requiring |
70 | adoption of rules; creating s. 1002.421, F.S., relating to |
71 | rights and obligations of private schools participating in |
72 | state school choice scholarship programs; providing |
73 | requirements for participation in a scholarship program, |
74 | including compliance with specified state, local, and |
75 | federal laws and demonstration of fiscal soundness; |
76 | requiring restrictive endorsement of a scholarship warrant |
77 | and prohibiting power of attorney for endorsing a warrant; |
78 | requiring employment of qualified teachers and background |
79 | screening of employees and contracted personnel with |
80 | direct student contact; specifying background screening |
81 | requirements and procedures; providing scope of authority; |
82 | requiring adoption of rules; providing an effective date. |
83 |
|
84 | Be It Enacted by the Legislature of the State of Florida: |
85 |
|
86 | Section 1. Section 1002.39, Florida Statutes, is amended |
87 | to read: |
88 | 1002.39 The John M. McKay Scholarships for Students with |
89 | Disabilities Program.--There is established a program that is |
90 | separate and distinct from the Opportunity Scholarship Program |
91 | and is named the John M. McKay Scholarships for Students with |
92 | Disabilities Program, pursuant to this section. |
93 | (1) THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH |
94 | DISABILITIES PROGRAM.--The John M. McKay Scholarships for |
95 | Students with Disabilities Program is established to provide the |
96 | option to attend a public school other than the one to which |
97 | assigned, or to provide a scholarship to a private school of |
98 | choice, for students with disabilities for whom an individual |
99 | education plan has been written in accordance with rules of the |
100 | State Board of Education. Students with disabilities include K- |
101 | 12 students who are documented as having mental retardation; a |
102 | mentally handicapped, speech or and language impairment; a |
103 | impaired, deaf or hard of hearing impairment, including |
104 | deafness; a visual impairment, including blindness; a visually |
105 | impaired, dual sensory impairment; a physical impairment; a |
106 | serious emotional disturbance, including an emotional handicap; |
107 | a impaired, physically impaired, emotionally handicapped, |
108 | specific learning disability, including, but not limited to, |
109 | dyslexia, dyscalculia, or developmental aphasia; a traumatic |
110 | brain injury; disabled, hospitalized or homebound, or autism |
111 | autistic. |
112 | (2) JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.--The parent of |
113 | a public school student with a disability who is dissatisfied |
114 | with the student's progress may request and receive from the |
115 | state a John M. McKay Scholarship for the child to enroll in and |
116 | attend a private school in accordance with this section if: |
117 | (a) By assigned school attendance area or by special |
118 | assignment, The student has spent the prior school year in |
119 | attendance at a Florida public school or the Florida School for |
120 | the Deaf and the Blind. Prior school year in attendance means |
121 | that the student was: |
122 | 1. Enrolled and reported by a school district for funding |
123 | during the preceding October and February Florida Education |
124 | Finance Program surveys in kindergarten through grade 12, which |
125 | shall include time spent in a Department of Juvenile Justice |
126 | commitment program if funded under the Florida Education Finance |
127 | Program; |
128 | 2. Enrolled and reported by the Florida School for the |
129 | Deaf and the Blind during the preceding October and February |
130 | student membership surveys in kindergarten through grade 12; or |
131 | 3. Enrolled and reported by a school district for funding |
132 | during the preceding October and February Florida Education |
133 | Finance Program surveys, at least 4 years old when so enrolled |
134 | and reported, and eligible for services under s. 1003.21(1)(e). |
135 |
|
136 | However, this paragraph does not apply to a dependent child of a |
137 | member of the United States Armed Forces who transfers to a |
138 | school in this state from out of state or from a foreign country |
139 | pursuant to a parent's permanent change of station orders is |
140 | exempt from this paragraph but. A dependent child of a member of |
141 | the United States Armed Forces who transfers to a school in this |
142 | state from out of state or from a foreign country pursuant to a |
143 | parent's permanent change of station orders must meet all other |
144 | eligibility requirements to participate in the program. |
145 | (b) The parent has obtained acceptance for admission of |
146 | the student to a private school that is eligible for the program |
147 | under subsection (8) (4) and has requested from the department |
148 | notified the school district of the request for a scholarship at |
149 | least 60 days prior to the date of the first scholarship |
150 | payment. The request parental notification must be through a |
151 | communication directly to the department district or through the |
152 | Department of Education to the district in a manner that creates |
153 | a written or electronic record of the request notification and |
154 | the date of receipt of the request notification. |
155 |
|
156 | This section does not apply to a student who is enrolled in a |
157 | school operating for the purpose of providing educational |
158 | services to youth in Department of Juvenile Justice commitment |
159 | programs. For purposes of continuity of educational choice, the |
160 | scholarship shall remain in force until the student returns to a |
161 | public school or graduates from high school. However, at any |
162 | time, the student's parent may remove the student from the |
163 | private school and place the student in another private school |
164 | that is eligible for the program under subsection (4) or in a |
165 | public school as provided in subsection (3). |
166 | (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.--A student is |
167 | not eligible for a John M. McKay Scholarship while he or she is: |
168 | (a) Enrolled in a school operating for the purpose of |
169 | providing educational services to youth in Department of |
170 | Juvenile Justice commitment programs; |
171 | (b) Receiving a corporate income tax credit scholarship |
172 | under s. 220.187; |
173 | (c) Receiving an educational scholarship pursuant to this |
174 | chapter; |
175 | (d) Participating in a home education program as defined |
176 | in s. 1002.01(1); |
177 | (e) Participating in a private tutoring program pursuant |
178 | to s. 1002.43; |
179 | (f) Participating in a virtual school, correspondence |
180 | school, or distance learning program that receives state funding |
181 | pursuant to the student's participation unless the participation |
182 | is limited to no more than two courses per school year; or |
183 | (g) Enrolled in the Florida School for the Deaf and the |
184 | Blind. |
185 | (4) TERM OF JOHN M. MCKAY SCHOLARSHIP.-- |
186 | (a) For purposes of continuity of educational choice, a |
187 | John M. McKay Scholarship shall remain in force until the |
188 | student returns to a public school, graduates from high school, |
189 | or reaches the age of 22, whichever occurs first. |
190 | (b) Upon reasonable notice to the department and the |
191 | school district, the student's parent may remove the student |
192 | from the private school and place the student in a public school |
193 | in accordance with this section. |
194 | (c) Upon reasonable notice to the department, the |
195 | student's parent may move the student from one participating |
196 | private school to another participating private school. |
197 | (5)(3) SCHOOL DISTRICT AND DEPARTMENT OF EDUCATION |
198 | OBLIGATIONS; PARENTAL OPTIONS.-- |
199 | (a)1. By April 1 of each year and within 10 days after an |
200 | individual education plan meeting, a school district shall |
201 | timely notify the parent of the student of all options available |
202 | pursuant to this section, inform the parent of the availability |
203 | of the department's telephone hotline and Internet website for |
204 | additional information on John M. McKay Scholarships, and offer |
205 | that student's parent an opportunity to enroll the student in |
206 | another public school within the district. |
207 | 2. The parent is not required to accept the this offer of |
208 | enrolling in another public school in lieu of requesting a John |
209 | M. McKay Scholarship to a private school. However, if the parent |
210 | chooses the public school option, the student may continue |
211 | attending a public school chosen by the parent until the student |
212 | graduates from high school. |
213 | 3. If the parent chooses a public school consistent with |
214 | the district school board's choice plan under s. 1002.31, the |
215 | school district shall provide transportation to the public |
216 | school selected by the parent. The parent is responsible to |
217 | provide transportation to a public school chosen that is not |
218 | consistent with the district school board's choice plan under s. |
219 | 1002.31. |
220 | (b)1. For a student with disabilities who does not have a |
221 | matrix of services under s. 1011.62(1)(e), the school district |
222 | must complete a matrix that assigns the student to one of the |
223 | levels of service as they existed prior to the 2000-2001 school |
224 | year. |
225 | 2.a. Within 10 school days after it receives notification |
226 | of a parent's request for a John M. McKay Scholarship, a school |
227 | district must notify the student's parent if the matrix of |
228 | services has not been completed and inform the parent that the |
229 | district is required to complete the matrix within 30 days after |
230 | receiving notice of the parent's request for a John M. McKay |
231 | Scholarship. This notice should include the required completion |
232 | date for the matrix. |
233 | b. The school district must complete the matrix of |
234 | services for any student who is participating in the John M. |
235 | McKay Scholarships for Students with Disabilities Program and |
236 | must notify the department of Education of the student's matrix |
237 | level within 30 days after receiving notification of a request |
238 | by the student's parent of intent to participate in the |
239 | scholarship program. The school district must provide the |
240 | student's parent with the student's matrix level within 10 |
241 | school days after its completion. |
242 | c. The department of Education shall notify the private |
243 | school of the amount of the scholarship within 10 days after |
244 | receiving the school district's notification of the student's |
245 | matrix level. Within 10 school days after it receives |
246 | notification of a parent's intent to apply for a McKay |
247 | Scholarship, a district school board must notify the student's |
248 | parent if the matrix has not been completed and provide the |
249 | parent with the date for completion of the matrix required in |
250 | this paragraph. |
251 | d. A school district may change a matrix of services only |
252 | if the change is to correct a technical, typographical, or |
253 | calculation error. |
254 | (c) A school district shall provide notification to |
255 | parents of the availability of a reevaluation at least every 3 |
256 | years of each student who receives a John M. McKay Scholarship. |
257 | (d)(c) If the parent chooses the private school option and |
258 | the student is accepted by the private school pending the |
259 | availability of a space for the student, the parent of the |
260 | student must notify the department school district 60 days prior |
261 | to the first scholarship payment and before entering the private |
262 | school in order to be eligible for the scholarship when a space |
263 | becomes available for the student in the private school. |
264 | (e)(d) The parent of a student may choose, as an |
265 | alternative, to enroll the student in and transport the student |
266 | to a public school in an adjacent school district which has |
267 | available space and has a program with the services agreed to in |
268 | the student's individual education plan already in place, and |
269 | that school district shall accept the student and report the |
270 | student for purposes of the district's funding pursuant to the |
271 | Florida Education Finance Program. |
272 | (f)(e) For a student in the district who participates in |
273 | the John M. McKay Scholarships for Students with Disabilities |
274 | Program whose parent requests that the student take the |
275 | statewide assessments under s. 1008.22, the district in which |
276 | the student attends private school shall provide locations and |
277 | times to take all statewide assessments. |
278 | (f) A school district must notify the Department of |
279 | Education within 10 days after it receives notification of a |
280 | parent's intent to apply for a scholarship for a student with a |
281 | disability. A school district must provide the student's parent |
282 | with the student's matrix level within 10 school days after its |
283 | completion. |
284 | (6) DEPARTMENT OF EDUCATION OBLIGATIONS.--The department |
285 | shall: |
286 | (a) Establish a toll-free hotline that provides parents |
287 | and private schools with information on participation in the |
288 | John M. McKay Scholarships for Students with Disabilities |
289 | Program. |
290 | (b) Annually verify the eligibility of private schools |
291 | that meet the requirements of subsection (8). |
292 | (c) Establish a process by which individuals may notify |
293 | the department of any violation by a parent, private school, or |
294 | school district of state laws relating to program participation. |
295 | The department shall conduct an inquiry of any written complaint |
296 | of a violation of this section, or make a referral to the |
297 | appropriate agency for an investigation, if the complaint is |
298 | signed by the complainant and is legally sufficient. A complaint |
299 | is legally sufficient if it contains ultimate facts that show |
300 | that a violation of this section or any rule adopted by the |
301 | State Board of Education has occurred. In order to determine |
302 | legal sufficiency, the department may require supporting |
303 | information or documentation from the complainant. A department |
304 | inquiry is not subject to the requirements of chapter 120. |
305 | (d) Require an annual, notarized, sworn compliance |
306 | statement by participating private schools certifying compliance |
307 | with state laws and shall retain such records. |
308 | (e) Cross-check the list of participating scholarship |
309 | students with the public school enrollment lists prior to the |
310 | first scholarship payment to avoid duplication. |
311 | (7) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.-- |
312 | (a) The Commissioner of Education shall deny, suspend, or |
313 | revoke a private school's participation in the scholarship |
314 | program if it is determined that the private school has failed |
315 | to comply with the provisions of this section. However, in |
316 | instances in which the noncompliance is correctable within a |
317 | reasonable amount of time and in which the health, safety, and |
318 | welfare of the students are not threatened, the commissioner may |
319 | issue a notice of noncompliance that shall provide the private |
320 | school with a timeframe within which to provide evidence of |
321 | compliance prior to taking action to suspend or revoke the |
322 | private school's participation in the scholarship program. |
323 | (b) The commissioner's determination is subject to the |
324 | following: |
325 | 1. If the commissioner intends to deny, suspend, or revoke |
326 | a private school's participation in the scholarship program, the |
327 | department shall notify the private school of such proposed |
328 | action in writing by certified mail and regular mail to the |
329 | private school's address of record with the department. The |
330 | notification shall include the reasons for the proposed action |
331 | and notice of the timelines and procedures set forth in this |
332 | paragraph. |
333 | 2. The private school that is adversely affected by the |
334 | proposed action shall have 15 days from receipt of the notice of |
335 | proposed action to file with the department's agency clerk a |
336 | request for a proceeding pursuant to ss. 120.569 and 120.57. If |
337 | the private school is entitled to a hearing under s. 120.57(1), |
338 | the department shall forward the request to the Division of |
339 | Administrative Hearings. |
340 | 3. Upon receipt of a request referred pursuant to this |
341 | paragraph, the director of the Division of Administrative |
342 | Hearings shall expedite the hearing and assign an administrative |
343 | law judge who shall commence a hearing within 30 days after the |
344 | receipt of the formal written request by the division and enter |
345 | a recommended order within 30 days after the hearing or within |
346 | 30 days after receipt of the hearing transcript, whichever is |
347 | later. Each party shall be allowed 10 days in which to submit |
348 | written exceptions to the recommended order. A final order shall |
349 | be entered by the agency within 30 days after the entry of a |
350 | recommended order. The provisions of this subparagraph may be |
351 | waived upon stipulation by all parties. |
352 | (c) The commissioner may immediately suspend payment of |
353 | scholarship funds if it is determined that there is probable |
354 | cause to believe that there is: |
355 | 1. An imminent threat to the health, safety, and welfare |
356 | of the students; or |
357 | 2. Fraudulent activity on the part of the private school. |
358 |
|
359 | The commissioner's order suspending payment pursuant to this |
360 | paragraph may be appealed pursuant to the same procedures and |
361 | timelines as the notice of proposed action set forth in |
362 | paragraph (b). |
363 | (8)(4) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be |
364 | eligible to participate in the John M. McKay Scholarships for |
365 | Students with Disabilities Program, a private school must be a |
366 | Florida private school, may be sectarian or nonsectarian, and |
367 | must: |
368 | (a) Comply with all requirements for private schools |
369 | participating in state school choice scholarship programs |
370 | pursuant to s. 1002.421. |
371 | (b) Provide the department all documentation required for |
372 | a student's participation, including the private school's and |
373 | student's fee schedules, at least 30 days before the first |
374 | quarterly scholarship payment is made for the student. |
375 | (c) Be academically accountable to the parent for meeting |
376 | the educational needs of the student by: |
377 | 1. At a minimum, annually providing to the parent a |
378 | written explanation of the student's progress. |
379 | 2. Cooperating with the scholarship student whose parent |
380 | chooses to participate in the statewide assessments pursuant to |
381 | s. 1008.22. |
382 |
|
383 | The inability of a private school to meet the requirements of |
384 | this subsection shall constitute a basis for the ineligibility |
385 | of the private school to participate in the scholarship program |
386 | as determined by the department. |
387 | (a) Demonstrate fiscal soundness by being in operation for |
388 | 1 school year or provide the Department of Education with a |
389 | statement by a certified public accountant confirming that the |
390 | private school desiring to participate is insured and the owner |
391 | or owners have sufficient capital or credit to operate the |
392 | school for the upcoming year serving the number of students |
393 | anticipated with expected revenues from tuition and other |
394 | sources that may be reasonably expected. In lieu of such a |
395 | statement, a surety bond or letter of credit for the amount |
396 | equal to the scholarship funds for any quarter may be filed with |
397 | the department. |
398 | (b) Notify the Department of Education of its intent to |
399 | participate in the program under this section. The notice must |
400 | specify the grade levels and services that the private school |
401 | has available for students with disabilities who are |
402 | participating in the scholarship program. |
403 | (c) Comply with the antidiscrimination provisions of 42 |
404 | U.S.C. s. 2000d. |
405 | (d) Meet state and local health and safety laws and codes. |
406 | (e) Be academically accountable to the parent for meeting |
407 | the educational needs of the student. |
408 | (f) Employ or contract with teachers who hold |
409 | baccalaureate or higher degrees, or have at least 3 years of |
410 | teaching experience in public or private schools, or have |
411 | special skills, knowledge, or expertise that qualifies them to |
412 | provide instruction in subjects taught. |
413 | (g) Comply with all state laws relating to general |
414 | regulation of private schools. |
415 | (h) Adhere to the tenets of its published disciplinary |
416 | procedures prior to the expulsion of a scholarship student. |
417 | (9)(5) PARENT AND STUDENT RESPONSIBILITIES FOR OBLIGATION |
418 | OF PROGRAM PARTICIPATION PARTICIPANTS.--A parent who applies for |
419 | a John M. McKay Scholarship is exercising his or her parental |
420 | option to place his or her child in a private school. |
421 | (a) A parent who applies for a John M. McKay Scholarship |
422 | is exercising his or her parental option to place his or her |
423 | child in a private school. The parent must select the private |
424 | school and apply for the admission of his or her child. |
425 | (b) The parent must have requested the scholarship at |
426 | least 60 days prior to the date of the first scholarship |
427 | payment. |
428 | (c) Any student participating in the John M. McKay |
429 | Scholarships for Students with Disabilities scholarship Program |
430 | must remain in attendance throughout the school year, unless |
431 | excused by the school for illness or other good cause, and must |
432 | comply fully with the school's code of conduct. |
433 | (d) Each The parent and of each student has an obligation |
434 | to the private school to participating in the scholarship |
435 | program must comply fully with the private school's published |
436 | policies parental involvement requirements, unless excused by |
437 | the school for illness or other good cause. |
438 | (e) If the parent requests that the student participating |
439 | in the John M. McKay Scholarships for Students with Disabilities |
440 | scholarship Program take all statewide assessments required |
441 | pursuant to s. 1008.22, the parent is responsible for |
442 | transporting the student to the assessment site designated by |
443 | the school district. |
444 | (f) Upon receipt of a scholarship warrant, the parent to |
445 | whom the warrant is made must restrictively endorse the warrant |
446 | to the private school for deposit into the account of the |
447 | private school. The parent may not designate any entity or |
448 | individual associated with the participating private school as |
449 | the parent's attorney in fact to endorse a scholarship warrant. |
450 | A participant who fails to comply with this paragraph forfeits |
451 | the scholarship. |
452 | (g) A participant who fails to comply with this subsection |
453 | forfeits the scholarship. |
454 | (10)(6) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.-- |
455 | (a)1. The maximum scholarship granted for an eligible |
456 | student with disabilities shall be a calculated amount |
457 | equivalent to the base student allocation in the Florida |
458 | Education Finance Program multiplied by the appropriate cost |
459 | factor for the educational program that would have been provided |
460 | for the student in the district school to which he or she was |
461 | assigned, multiplied by the district cost differential. |
462 | 2. In addition, a share of the guaranteed allocation for |
463 | exceptional students shall be determined and added to the |
464 | calculated amount. The calculation shall be based on the |
465 | methodology and the data used to calculate the guaranteed |
466 | allocation for exceptional students for each district in chapter |
467 | 2000-166, Laws of Florida. Except as provided in subparagraphs |
468 | subparagraph 3. and 4., the calculation shall be based on the |
469 | student's grade, matrix level of services, and the difference |
470 | between the 2000-2001 basic program and the appropriate level of |
471 | services cost factor, multiplied by the 2000-2001 base student |
472 | allocation and the 2000-2001 district cost differential for the |
473 | sending district. Also, the calculated amount shall include the |
474 | per-student share of supplemental academic instruction funds, |
475 | instructional materials funds, technology funds, and other |
476 | categorical funds as provided for such purposes in the General |
477 | Appropriations Act. |
478 | 3. The calculated scholarship amount for a student who is |
479 | eligible under subparagraph (2)(a)2. shall be calculated as |
480 | provided in subparagraphs 1. and 2. However, the calculation |
481 | shall be based on the school district in which the parent |
482 | resides at the time of the scholarship request. |
483 | 4.3. Until the school district completes the matrix |
484 | required by paragraph (5)(3)(b), the calculation shall be based |
485 | on the matrix that assigns the student to support level I of |
486 | service as it existed prior to the 2000-2001 school year. When |
487 | the school district completes the matrix, the amount of the |
488 | payment shall be adjusted as needed. |
489 | (b) The amount of the John M. McKay Scholarship shall be |
490 | the calculated amount or the amount of the private school's |
491 | tuition and fees, whichever is less. The amount of any |
492 | assessment fee required by the participating private school may |
493 | be paid from the total amount of the scholarship. |
494 | (c) If the participating private school requires partial |
495 | payment of tuition prior to the start of the academic year to |
496 | reserve space for students admitted to the school, that partial |
497 | payment may be paid by the Department of Education prior to the |
498 | first quarterly payment of the year in which the John M. McKay |
499 | Scholarship is awarded, up to a maximum of $1,000, and deducted |
500 | from subsequent scholarship payments. If a student decides not |
501 | to attend the participating private school, the partial |
502 | reservation payment must be returned to the Department of |
503 | Education by the participating private school. There is a limit |
504 | of one reservation payment per student per year. |
505 | (c)1.(d) The school district shall report all students who |
506 | are attending a private school in the district under this |
507 | program. The students with disabilities attending private |
508 | schools on John M. McKay Scholarships shall be reported |
509 | separately from other students reported for purposes of the |
510 | Florida Education Finance Program. |
511 | 2. For program participants who are eligible under |
512 | subparagraph (2)(a)2., the school district that is used as the |
513 | basis for the calculation of the scholarship amount as provided |
514 | in subparagraph (a)3. shall: |
515 | a. Report to the department all such students who are |
516 | attending a private school under this program. |
517 | b. Be held harmless for such students from the weighted |
518 | enrollment ceiling for group 2 programs in s. 1011.62(1)(d)3.a. |
519 | during the first school year in which the students are reported. |
520 | (d)(e) Following notification on July 1, September 1, |
521 | December 1, or February 1 of the number of program participants, |
522 | the department of Education shall transfer, from General Revenue |
523 | funds only, the amount calculated under paragraph (b) from the |
524 | school district's total funding entitlement under the Florida |
525 | Education Finance Program and from authorized categorical |
526 | accounts to a separate account for the scholarship program for |
527 | quarterly disbursement to the parents of participating students. |
528 | Funds may not be transferred from any funding provided to the |
529 | Florida School for the Deaf and the Blind for program |
530 | participants who are eligible under subparagraph (2)(a)2. For a |
531 | student exiting a Department of Juvenile Justice commitment |
532 | program who chooses to participate in the scholarship program, |
533 | the amount of the John M. McKay Scholarship calculated pursuant |
534 | to paragraph (b) shall be transferred from the school district |
535 | in which the student last attended a public school prior to |
536 | commitment to the Department of Juvenile Justice. When a student |
537 | enters the scholarship program, the department of Education must |
538 | receive all documentation required for the student's |
539 | participation, including the private school's and student's fee |
540 | schedules, at least 30 days before the first quarterly |
541 | scholarship payment is made for the student. The Department of |
542 | Education may not make any retroactive payments. |
543 | (e)(f) Upon notification proper documentation reviewed and |
544 | approved by the department that it has received the |
545 | documentation required under paragraph (d) Department of |
546 | Education, the Chief Financial Officer shall make scholarship |
547 | payments in four equal amounts no later than September 1, |
548 | November 1, February 1, and April 1 15 of each academic year in |
549 | which the scholarship is in force. The initial payment shall be |
550 | made after department of Education verification of admission |
551 | acceptance, and subsequent payments shall be made upon |
552 | verification of continued enrollment and attendance at the |
553 | private school. Payment must be by individual warrant made |
554 | payable to the student's parent and mailed by the department of |
555 | Education to the private school of the parent's choice, and the |
556 | parent shall restrictively endorse the warrant to the private |
557 | school for deposit into the account of the private school. |
558 | (f) Subsequent to each scholarship payment, the Department |
559 | of Financial Services shall randomly review endorsed warrants to |
560 | confirm compliance with endorsement requirements. The Department |
561 | of Financial Services shall immediately report inconsistencies |
562 | or irregularities to the department. |
563 | (11)(7) LIABILITY.--No liability shall arise on the part |
564 | of the state based on the award or use of a John M. McKay |
565 | Scholarship. |
566 | (12) SCOPE OF AUTHORITY.--The inclusion of eligible |
567 | private schools within options available to Florida public |
568 | school students does not expand the regulatory authority of the |
569 | state, its officers, or any school district to impose any |
570 | additional regulation of private schools beyond those reasonably |
571 | necessary to enforce requirements expressly set forth in this |
572 | section. |
573 | (13)(8) RULES.--The State Board of Education shall adopt |
574 | rules pursuant to ss. 120.536(1) and 120.54 to administer this |
575 | section, including rules that school districts must use to |
576 | expedite the development of a matrix of services based on an |
577 | active a current individual education plan from another state or |
578 | a foreign country for a transferring student with a disability |
579 | who is a dependent child of a member of the United States Armed |
580 | Forces. The rules must identify the appropriate school district |
581 | personnel who must complete the matrix of services. For purposes |
582 | of these rules, a transferring student with a disability is one |
583 | who was previously enrolled as a student with a disability in an |
584 | out-of-state or an out-of-country public or private school or |
585 | agency program and who is transferring from out of state or from |
586 | a foreign country pursuant to a parent's permanent change of |
587 | station orders. However, the inclusion of eligible private |
588 | schools within options available to Florida public school |
589 | students does not expand the regulatory authority of the state, |
590 | its officers, or any school district to impose any additional |
591 | regulation of private schools beyond those reasonably necessary |
592 | to enforce requirements expressly set forth in this section. |
593 | Section 2. Section 220.187, Florida Statutes, is amended |
594 | to read: |
595 | 220.187 Credits for contributions to nonprofit |
596 | scholarship-funding organizations.-- |
597 | (1) PURPOSE.--The purpose of this section is to: |
598 | (a) Encourage private, voluntary contributions to |
599 | nonprofit scholarship-funding organizations. |
600 | (b) Expand educational opportunities for children of |
601 | families that have limited financial resources. |
602 | (c) Enable children in this state to achieve a greater |
603 | level of excellence in their education. |
604 | (2) DEFINITIONS.--As used in this section, the term: |
605 | (a) "Department" means the Department of Revenue. |
606 | (b) "Eligible contribution" means a monetary contribution |
607 | from a taxpayer, subject to the restrictions provided in this |
608 | section, to an eligible nonprofit scholarship-funding |
609 | organization. The taxpayer making the contribution may not |
610 | designate a specific child as the beneficiary of the |
611 | contribution. The taxpayer may not contribute more than $5 |
612 | million to any single eligible nonprofit scholarship-funding |
613 | organization. |
614 | (c)(d) "Eligible nonprofit scholarship-funding |
615 | organization" means a charitable organization that: |
616 | 1. Is exempt from federal income tax pursuant to s. |
617 | 501(c)(3) of the Internal Revenue Code. |
618 | 2. Is a Florida entity formed under chapter 607, chapter |
619 | 608, or chapter 617 and whose principal office is located in the |
620 | state. |
621 | 3. and that Complies with the provisions of subsection (6) |
622 | (4). |
623 | (d)(c) "Eligible private nonpublic school" means a private |
624 | nonpublic school, as defined in s. 1002.01(2), located in |
625 | Florida that offers an education to students in any grades K-12 |
626 | and that meets the requirements in subsection (8) (6). |
627 | (e) "Owner or operator" includes: |
628 | 1. An owner, president, officer, or director of an |
629 | eligible nonprofit scholarship-funding organization or a person |
630 | with equivalent decisionmaking authority over an eligible |
631 | nonprofit scholarship-funding organization. |
632 | 2. An owner, operator, superintendent, or principal of an |
633 | eligible private school or a person with equivalent |
634 | decisionmaking authority over an eligible private school. |
635 | (e) "Qualified student" means a student who qualifies for |
636 | free or reduced-price school lunches under the National School |
637 | Lunch Act and who: |
638 | (3) PROGRAM; SCHOLARSHIP ELIGIBILITY.--The Corporate |
639 | Income Tax Credit Scholarship Program is established. A student |
640 | is eligible for a corporate income tax credit scholarship if the |
641 | student qualifies for free or reduced-price school lunches under |
642 | the National School Lunch Act and: |
643 | (a)1. Was counted as a full-time equivalent student during |
644 | the previous state fiscal year for purposes of state per-student |
645 | funding; |
646 | (b)2. Received a scholarship from an eligible nonprofit |
647 | scholarship-funding organization or from the State of Florida |
648 | during the previous school year; or |
649 | (c)3. Is eligible to enter kindergarten or first grade. |
650 |
|
651 | Contingent upon available funds, a student may continue in the |
652 | scholarship program as long as the student's family income level |
653 | does not exceed 200 percent of the federal poverty level. |
654 | (4) SCHOLARSHIP PROHIBITIONS.--A student is not eligible |
655 | for a scholarship while he or she is: |
656 | (a) Enrolled in a school operating for the purpose of |
657 | providing educational services to youth in Department of |
658 | Juvenile Justice commitment programs; |
659 | (b) Receiving a scholarship from another eligible |
660 | nonprofit scholarship-funding organization under this section; |
661 | (c) Receiving an educational scholarship pursuant to |
662 | chapter 1002; |
663 | (d) Participating in a home education program as defined |
664 | in s. 1002.01(1); |
665 | (e) Participating in a private tutoring program pursuant |
666 | to s. 1002.43; |
667 | (f) Participating in a virtual school, correspondence |
668 | school, or distance learning program that receives state funding |
669 | pursuant to the student's participation unless the participation |
670 | is limited to no more than two courses per school year; or |
671 | (g) Enrolled in the Florida School for the Deaf and the |
672 | Blind. |
673 | (5)(3) AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX |
674 | CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.-- |
675 | (a) There is allowed a credit of 100 percent of an |
676 | eligible contribution against any tax due for a taxable year |
677 | under this chapter. However, such a credit may not exceed 75 |
678 | percent of the tax due under this chapter for the taxable year, |
679 | after the application of any other allowable credits by the |
680 | taxpayer. However, at least 5 percent of the total statewide |
681 | amount authorized for the tax credit shall be reserved for |
682 | taxpayers who meet the definition of a small business provided |
683 | in s. 288.703(1) at the time of application. The credit granted |
684 | by this section shall be reduced by the difference between the |
685 | amount of federal corporate income tax taking into account the |
686 | credit granted by this section and the amount of federal |
687 | corporate income tax without application of the credit granted |
688 | by this section. |
689 | (b) The total amount of tax credits and carryforward of |
690 | tax credits which may be granted each state fiscal year under |
691 | this section is $88 million during the 2006-2007 fiscal year. |
692 | The total amount of tax credits and carryforward of tax credits |
693 | which may be granted under this section shall be adjusted each |
694 | year thereafter, should the prior year's total tax credit and |
695 | carryforward tax credit limits be obtained, by the same |
696 | percentage as the increase or decrease in total funding, |
697 | adjusted for Florida Retirement System changes if applicable, |
698 | under the Florida Education Finance Program as provided in the |
699 | General Appropriations Act workpapers. However, the total amount |
700 | of tax credits that may be granted pursuant to this paragraph |
701 | may not increase by more than 5 percent in any year. The |
702 | Commissioner of Education shall certify to the department and |
703 | notify eligible nonprofit scholarship-funding organizations of |
704 | the resulting value of tax credits that may be granted within 30 |
705 | days after the General Appropriations Act becomes law. However, |
706 | at least 1 percent of the total statewide amount authorized for |
707 | the tax credit shall be reserved for taxpayers who meet the |
708 | definition of a small business provided in s. 288.703(1) at the |
709 | time of application. |
710 | (c) A taxpayer who files a Florida consolidated return as |
711 | a member of an affiliated group pursuant to s. 220.131(1) may be |
712 | allowed the credit on a consolidated return basis; however, the |
713 | total credit taken by the affiliated group is subject to the |
714 | limitation established under paragraph (a). |
715 | (d) Effective for tax years beginning January 1, 2006, a |
716 | taxpayer may rescind all or part of its allocated tax credit |
717 | under this section. The amount rescinded shall become available |
718 | for purposes of the cap for that state fiscal year under this |
719 | section to an eligible taxpayer as approved by the department if |
720 | the taxpayer receives notice from the department that the |
721 | rescindment has been accepted by the department and the taxpayer |
722 | has not previously rescinded any or all of its tax credit |
723 | allocation under this section more than once in the previous 3 |
724 | tax years. Any amount rescinded under this paragraph shall |
725 | become available to an eligible taxpayer on a first-come, first- |
726 | served basis based on tax credit applications received after the |
727 | date the rescindment is accepted by the department. |
728 | (6)(4) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP- |
729 | FUNDING ORGANIZATIONS.--An eligible nonprofit scholarship- |
730 | scholarship-funding organization: |
731 | (a) Must comply with the antidiscrimination provisions of |
732 | 42 U.S.C. s. 2000d. |
733 | (b) Must comply with the following background check |
734 | requirements: |
735 | 1. All owners and operators as defined in subparagraph |
736 | (2)(e)1. are subject to level 2 background screening as provided |
737 | under chapter 435. The fingerprints for the background screening |
738 | must be electronically submitted to the Department of Law |
739 | Enforcement and can be taken by an authorized law enforcement |
740 | agency or by an employee of the eligible nonprofit scholarship- |
741 | funding organization or a private company who is trained to take |
742 | fingerprints. However, the complete set of fingerprints of an |
743 | owner or operator may not be taken by the owner or operator. The |
744 | results of the state and national criminal history check shall |
745 | be provided to the Department of Education for screening under |
746 | chapter 435. The cost of the background screening may be borne |
747 | by the eligible nonprofit scholarship-funding organization or |
748 | the owner or operator. |
749 | 2. Every 5 years following employment or engagement to |
750 | provide services or association with an eligible nonprofit |
751 | scholarship-funding organization, each owner or operator must |
752 | meet level 2 screening standards as described in s. 435.04, at |
753 | which time the nonprofit scholarship-funding organization shall |
754 | request the Department of Law Enforcement to forward the |
755 | fingerprints to the Federal Bureau of Investigation for level 2 |
756 | screening. If the fingerprints of an owner or operator are not |
757 | retained by the Department of Law Enforcement under subparagraph |
758 | 3., the owner or operator must electronically file a complete |
759 | set of fingerprints with the Department of Law Enforcement. Upon |
760 | submission of fingerprints for this purpose, the eligible |
761 | nonprofit scholarship-funding organization shall request that |
762 | the Department of Law Enforcement forward the fingerprints to |
763 | the Federal Bureau of Investigation for level 2 screening, and |
764 | the fingerprints shall be retained by the Department of Law |
765 | Enforcement under subparagraph 3. |
766 | 3. Beginning July 1, 2007, all fingerprints submitted to |
767 | the Department of Law Enforcement as required by this paragraph |
768 | must be retained by the Department of Law Enforcement in a |
769 | manner approved by rule and entered in the statewide automated |
770 | fingerprint identification system authorized by s. 943.05(2)(b). |
771 | The fingerprints must thereafter be available for all purposes |
772 | and uses authorized for arrest fingerprint cards entered in the |
773 | statewide automated fingerprint identification system pursuant |
774 | to s. 943.051. |
775 | 4. Beginning July 1, 2007, the Department of Law |
776 | Enforcement shall search all arrest fingerprint cards received |
777 | under s. 943.051 against the fingerprints retained in the |
778 | statewide automated fingerprint identification system under |
779 | subparagraph 3. Any arrest record that is identified with an |
780 | owner's or operator's fingerprints must be reported to the |
781 | Department of Education. The Department of Education shall |
782 | participate in this search process by paying an annual fee to |
783 | the Department of Law Enforcement and by informing the |
784 | Department of Law Enforcement of any change in the employment, |
785 | engagement, or association status of the owners or operators |
786 | whose fingerprints are retained under subparagraph 3. The |
787 | Department of Law Enforcement shall adopt a rule setting the |
788 | amount of the annual fee to be imposed upon the Department of |
789 | Education for performing these services and establishing the |
790 | procedures for the retention of owner and operator fingerprints |
791 | and the dissemination of search results. The fee may be borne by |
792 | the owner or operator of the nonprofit scholarship-funding |
793 | organization. |
794 | 5. A nonprofit scholarship-funding organization whose |
795 | owner or operator fails the level 2 background screening shall |
796 | not be eligible to provide scholarships under this section. |
797 | 6. A nonprofit scholarship-funding organization whose |
798 | owner or operator in the last 7 years has filed for personal |
799 | bankruptcy or corporate bankruptcy in a corporation of which he |
800 | or she owned more than 20 percent shall not be eligible to |
801 | provide scholarships under this section. |
802 | (c) Must not have an owner or operator who owns or |
803 | operates an eligible private school that is participating in the |
804 | scholarship program. |
805 | (d)(a) Must An eligible nonprofit scholarship-funding |
806 | organization shall provide scholarships, from eligible |
807 | contributions, to eligible qualified students for: |
808 | 1. Tuition or textbook expenses for, or transportation to, |
809 | an eligible private nonpublic school. At least 75 percent of the |
810 | scholarship funding must be used to pay tuition expenses; or |
811 | 2. Transportation expenses to a Florida public school that |
812 | is located outside the district in which the student resides or |
813 | to a lab school as defined in s. 1002.32. |
814 | (e)(b) Must An eligible nonprofit scholarship-funding |
815 | organization shall give priority to eligible qualified students |
816 | who received a scholarship from an eligible nonprofit |
817 | scholarship-funding organization or from the State of Florida |
818 | during the previous school year. |
819 | (f) Must provide a scholarship to an eligible student on a |
820 | first-come, first-served basis unless the student qualifies for |
821 | priority pursuant to paragraph (e). |
822 | (g) May not restrict or reserve scholarships for use at a |
823 | particular private school or provide scholarships to a child of |
824 | an owner or operator. |
825 | (h) Must allow an eligible student to attend any eligible |
826 | private school and must allow a parent to transfer a scholarship |
827 | during a school year to any other eligible private school of the |
828 | parent's choice. |
829 | (c) The amount of a scholarship provided to any child for |
830 | any single school year by all eligible nonprofit scholarship- |
831 | funding organizations from eligible contributions shall not |
832 | exceed the following annual limits: |
833 | 1. Three thousand five hundred dollars for a scholarship |
834 | awarded to a student enrolled in an eligible nonpublic school. |
835 | 2. Five hundred dollars for a scholarship awarded to a |
836 | student enrolled in a Florida public school that is located |
837 | outside the district in which the student resides. |
838 | (d) The amount of an eligible contribution which may be |
839 | accepted by an eligible nonprofit scholarship-funding |
840 | organization is limited to the amount needed to provide |
841 | scholarships for qualified students which the organization has |
842 | identified and for which vacancies in eligible nonpublic schools |
843 | have been identified. |
844 | (i)(e) Must obligate, in the same fiscal year in which the |
845 | contribution was received, An eligible nonprofit scholarship- |
846 | funding organization that receives an eligible contribution must |
847 | spend 100 percent of the eligible contribution to provide |
848 | scholarships; however, up to 25 percent of the total |
849 | contribution may be carried forward for scholarships to be |
850 | granted in the following same state fiscal year in which the |
851 | contribution was received. No portion of eligible contributions |
852 | may be used for administrative expenses. All interest accrued |
853 | from contributions must be used for scholarships. |
854 | (j) Must maintain separate accounts for scholarship funds |
855 | and operating funds. |
856 | (k) With the prior approval of the Department of |
857 | Education, may transfer funds to another eligible nonprofit |
858 | scholarship-funding organization if additional funds are |
859 | required to meet scholarship demand at the receiving nonprofit |
860 | scholarship-funding organization. A transfer shall be limited to |
861 | the greater of $500,000 or 20 percent of the total contributions |
862 | received by the nonprofit scholarship-funding organization |
863 | making the transfer. All transferred funds must be deposited by |
864 | the receiving nonprofit scholarship-funding organization into |
865 | its scholarship accounts. All transferred amounts received by |
866 | any nonprofit scholarship-funding organization must be |
867 | separately disclosed in the annual financial and compliance |
868 | audit required in this section. |
869 | (l)(f) An eligible nonprofit scholarship-funding |
870 | organization that receives eligible contributions Must provide |
871 | to the Auditor General and the Department of Education an annual |
872 | financial and compliance audit of its accounts and records |
873 | conducted by an independent certified public accountant and in |
874 | accordance with rules adopted by the Auditor General. The audit |
875 | must be conducted in compliance with generally accepted auditing |
876 | standards and must include a report on financial statements |
877 | presented in accordance with generally accepted accounting |
878 | principles set forth by the American Institute of Certified |
879 | Public Accountants for not-for-profit organizations and a |
880 | determination of compliance with the statutory eligibility and |
881 | expenditure requirements set forth in this section. Audits must |
882 | be provided to the Auditor General and the Department of |
883 | Education within 180 days after completion of the eligible |
884 | nonprofit scholarship-funding organization's fiscal year. |
885 | (m) Must prepare and submit quarterly reports to the |
886 | Department of Education pursuant to paragraph (9)(m). In |
887 | addition, an eligible nonprofit scholarship-funding organization |
888 | must submit in a timely manner any information requested by the |
889 | Department of Education relating to the scholarship program. |
890 |
|
891 | Any and all information and documentation provided to the |
892 | Department of Education and the Auditor General relating to the |
893 | identity of a taxpayer that provides an eligible contribution |
894 | under this section shall remain confidential at all times in |
895 | accordance with s. 213.053. |
896 | (g) Payment of the scholarship by the eligible nonprofit |
897 | scholarship-funding organization shall be by individual warrant |
898 | or check made payable to the student's parent. If the parent |
899 | chooses for his or her child to attend an eligible nonpublic |
900 | school, the warrant or check must be mailed by the eligible |
901 | nonprofit scholarship-funding organization to the nonpublic |
902 | school of the parent's choice, and the parent shall |
903 | restrictively endorse the warrant or check to the nonpublic |
904 | school. An eligible nonprofit scholarship-funding organization |
905 | shall ensure that, upon receipt of a scholarship warrant or |
906 | check, the parent to whom the warrant or check is made |
907 | restrictively endorses the warrant or check to the nonpublic |
908 | school of the parent's choice for deposit into the account of |
909 | the nonpublic school. |
910 | (7)(5) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM |
911 | PARTICIPATION OBLIGATIONS.-- |
912 | (a) The parent must select an eligible private school and |
913 | apply for the admission of his or her child. |
914 | (b) The parent must inform the child's school district |
915 | when the parent withdraws his or her child to attend an eligible |
916 | private school. |
917 | (c) Any student participating in the scholarship program |
918 | must remain in attendance throughout the school year unless |
919 | excused by the school for illness or other good cause. |
920 | (d) Each parent and each student has an obligation to the |
921 | private school to comply with the private school's published |
922 | policies. |
923 | (e) The parent shall ensure that the student participating |
924 | in the scholarship program takes the norm-referenced assessment |
925 | offered by the private school. The parent may also choose to |
926 | have the student participate in the statewide assessments |
927 | pursuant to s. 1008.22. If the parent requests that the student |
928 | participating in the scholarship program take statewide |
929 | assessments pursuant to s. 1008.22, the parent is responsible |
930 | for transporting the student to the assessment site designated |
931 | by the school district. |
932 | (f) Upon receipt of a scholarship warrant from the |
933 | eligible nonprofit scholarship-funding organization, the parent |
934 | to whom the warrant is made must restrictively endorse the |
935 | warrant to the private school for deposit into the account of |
936 | the private school. The parent may not designate any entity or |
937 | individual associated with the participating private school as |
938 | the parent's attorney in fact to endorse a scholarship warrant. |
939 | A participant who fails to comply with this paragraph forfeits |
940 | the scholarship. As a condition for scholarship payment pursuant |
941 | to paragraph (4)(g), if the parent chooses for his or her child |
942 | to attend an eligible nonpublic school, the parent must inform |
943 | the child's school district within 15 days after such decision. |
944 | (8)(6) PRIVATE ELIGIBLE NONPUBLIC SCHOOL ELIGIBILITY AND |
945 | OBLIGATIONS.--An eligible private nonpublic school may be |
946 | sectarian or nonsectarian and must: |
947 | (a) Comply with all requirements for private schools |
948 | participating in state school choice scholarship programs |
949 | pursuant to s. 1002.421. |
950 | (b) Provide to the eligible nonprofit scholarship-funding |
951 | organization, upon request, all documentation required for the |
952 | student's participation, including the private school's and |
953 | student's fee schedules. |
954 | (c) Be academically accountable to the parent for meeting |
955 | the educational needs of the student by: |
956 | 1. At a minimum, annually providing to the parent a |
957 | written explanation of the student's progress. |
958 | 2. Annually administering or making provision for students |
959 | participating in the scholarship program to take one of the |
960 | nationally norm-referenced tests identified by the Department of |
961 | Education. Students with disabilities for whom standardized |
962 | testing is not appropriate are exempt from this requirement. A |
963 | participating private school must report a student's scores to |
964 | the parent and to the independent research organization selected |
965 | by the Department of Education as described in paragraph (9)(j). |
966 | 3. Cooperating with the scholarship student whose parent |
967 | chooses to participate in the statewide assessments pursuant to |
968 | s. 1008.32. |
969 |
|
970 | The inability of a private school to meet the requirements of |
971 | this subsection shall constitute a basis for the ineligibility |
972 | of the private school to participate in the scholarship program |
973 | as determined by the Department of Education. |
974 | (a) Demonstrate fiscal soundness by being in operation for |
975 | one school year or provide the Department of Education with a |
976 | statement by a certified public accountant confirming that the |
977 | nonpublic school desiring to participate is insured and the |
978 | owner or owners have sufficient capital or credit to operate the |
979 | school for the upcoming year serving the number of students |
980 | anticipated with expected revenues from tuition and other |
981 | sources that may be reasonably expected. In lieu of such a |
982 | statement, a surety bond or letter of credit for the amount |
983 | equal to the scholarship funds for any quarter may be filed with |
984 | the department. |
985 | (b) Comply with the antidiscrimination provisions of 42 |
986 | U.S.C. s. 2000d. |
987 | (c) Meet state and local health and safety laws and codes. |
988 | (d) Comply with all state laws relating to general |
989 | regulation of nonpublic schools. |
990 | (9) DEPARTMENT OF EDUCATION OBLIGATIONS.--The Department |
991 | of Education shall: |
992 | (a) Annually submit to the department, by March 15, a list |
993 | of eligible nonprofit scholarship-funding organizations that |
994 | meet the requirements of paragraph (2)(c). |
995 | (b) Annually verify the eligibility of nonprofit |
996 | scholarship-funding organizations that meet the requirements of |
997 | paragraph (2)(c). |
998 | (c) Annually verify the eligibility of private schools |
999 | that meet the requirements of subsection (8). |
1000 | (d) Annually verify the eligibility of expenditures as |
1001 | provided in paragraph (6)(d) using the audit required by |
1002 | paragraph (6)(l). |
1003 | (e) Establish a toll-free hotline that provides parents |
1004 | and private schools with information on participation in the |
1005 | scholarship program. |
1006 | (f) Establish a process by which individuals may notify |
1007 | the Department of Education of any violation by a parent, |
1008 | private school, or school district of state laws relating to |
1009 | program participation. The Department of Education shall conduct |
1010 | an inquiry of any written complaint of a violation of this |
1011 | section, or make a referral to the appropriate agency for an |
1012 | investigation, if the complaint is signed by the complainant and |
1013 | is legally sufficient. A complaint is legally sufficient if it |
1014 | contains ultimate facts that show that a violation of this |
1015 | section or any rule adopted by the State Board of Education has |
1016 | occurred. In order to determine legal sufficiency, the |
1017 | Department of Education may require supporting information or |
1018 | documentation from the complainant. A department inquiry is not |
1019 | subject to the requirements of chapter 120. |
1020 | (g) Require an annual, notarized, sworn compliance |
1021 | statement by participating private schools certifying compliance |
1022 | with state laws and shall retain such records. |
1023 | (h) Cross-check the list of participating scholarship |
1024 | students with the public school enrollment lists to avoid |
1025 | duplication. |
1026 | (i) In accordance with State Board of Education rule, |
1027 | identify and select the nationally norm-referenced tests that |
1028 | are comparable to the norm-referenced provisions of the Florida |
1029 | Comprehensive Assessment Test (FCAT) provided that the FCAT may |
1030 | be one of the tests selected. However, the Department of |
1031 | Education may approve the use of an additional assessment by the |
1032 | school if the assessment meets industry standards of quality and |
1033 | comparability. |
1034 | (j) Select an independent research organization, which may |
1035 | be a public or private entity or university, to which |
1036 | participating private schools must report the scores of |
1037 | participating students on the nationally norm-referenced tests |
1038 | administered by the private school. The independent research |
1039 | organization must annually report to the Department of Education |
1040 | on the year-to-year improvements of participating students. The |
1041 | independent research organization must analyze and report |
1042 | student performance data in a manner that protects the rights of |
1043 | students and parents as mandated in 20 U.S.C. s. 1232g, the |
1044 | Family Educational Rights and Privacy Act, and must not |
1045 | disaggregate data to a level that will disclose the academic |
1046 | level of individual students or of individual schools. To the |
1047 | extent possible, the independent research organization must |
1048 | accumulate historical performance data on students from the |
1049 | Department of Education and private schools to describe baseline |
1050 | performance and to conduct longitudinal studies. To minimize |
1051 | costs and reduce time required for third-party analysis and |
1052 | evaluation, the Department of Education shall conduct analyses |
1053 | of matched students from public school assessment data and |
1054 | calculate control group learning gains using an agreed-upon |
1055 | methodology outlined in the contract with the third-party |
1056 | evaluator. The sharing of student data must be in accordance |
1057 | with requirements of 20 U.S.C. s. 1232g, the Family Educational |
1058 | Rights and Privacy Act, and shall be for the sole purpose of |
1059 | conducting the evaluation. All parties must preserve the |
1060 | confidentiality of such information as required by law. |
1061 | (k) Notify an eligible nonprofit scholarship-funding |
1062 | organization of any of the organization's identified students |
1063 | who are receiving educational scholarships pursuant to chapter |
1064 | 1002. |
1065 | (l) Notify an eligible nonprofit scholarship-funding |
1066 | organization of any of the organization's identified students |
1067 | who are receiving corporate income tax credit scholarships from |
1068 | other eligible nonprofit scholarship-funding organizations. |
1069 | (m) Require quarterly reports by an eligible nonprofit |
1070 | scholarship-funding organization regarding the number of |
1071 | students participating in the scholarship program, the private |
1072 | schools at which the students are enrolled, and other |
1073 | information deemed necessary by the Department of Education. |
1074 | (10) COMMISSIONER OF EDUCATION AUTHORITY AND |
1075 | OBLIGATIONS.-- |
1076 | (a) The Commissioner of Education shall deny, suspend, or |
1077 | revoke a private school's participation in the scholarship |
1078 | program if it is determined that the private school has failed |
1079 | to comply with the provisions of this section. However, in |
1080 | instances in which the noncompliance is correctable within a |
1081 | reasonable amount of time and in which the health, safety, and |
1082 | welfare of the students are not threatened, the commissioner may |
1083 | issue a notice of noncompliance that shall provide the private |
1084 | school with a timeframe within which to provide evidence of |
1085 | compliance prior to taking action to suspend or revoke the |
1086 | private school's participation in the scholarship program. |
1087 | (b) The commissioner's determination is subject to the |
1088 | following: |
1089 | 1. If the commissioner intends to deny, suspend, or revoke |
1090 | a private school's participation in the scholarship program, the |
1091 | Department of Education shall notify the private school of such |
1092 | proposed action in writing by certified mail and regular mail to |
1093 | the private school's address of record with the Department of |
1094 | Education. The notification shall include the reasons for the |
1095 | proposed action and notice of the timelines and procedures set |
1096 | forth in this paragraph. |
1097 | 2. The private school that is adversely affected by the |
1098 | proposed action shall have 15 days from receipt of the notice of |
1099 | proposed action to file with the Department of Education's |
1100 | agency clerk a request for a proceeding pursuant to ss. 120.569 |
1101 | and 120.57. If the private school is entitled to a hearing under |
1102 | s. 120.57(1), the Department of Education shall forward the |
1103 | request to the Division of Administrative Hearings. |
1104 | 3. Upon receipt of a request referred pursuant to this |
1105 | paragraph, the director of the Division of Administrative |
1106 | Hearings shall expedite the hearing and assign an administrative |
1107 | law judge who shall commence a hearing within 30 days after the |
1108 | receipt of the formal written request by the division and enter |
1109 | a recommended order within 30 days after the hearing or within |
1110 | 30 days after receipt of the hearing transcript, whichever is |
1111 | later. Each party shall be allowed 10 days in which to submit |
1112 | written exceptions to the recommended order. A final order shall |
1113 | be entered by the agency within 30 days after the entry of a |
1114 | recommended order. The provisions of this subparagraph may be |
1115 | waived upon stipulation by all parties. |
1116 | (c) The commissioner may immediately suspend payment of |
1117 | scholarship funds if it is determined that there is probable |
1118 | cause to believe that there is: |
1119 | 1. An imminent threat to the health, safety, and welfare |
1120 | of the students; or |
1121 | 2. Fraudulent activity on the part of the private school. |
1122 |
|
1123 | The commissioner's order suspending payment pursuant to this |
1124 | paragraph may be appealed pursuant to the same procedures and |
1125 | timelines as the notice of proposed action set forth in |
1126 | paragraph (b). |
1127 | (11) SCHOLARSHIP AMOUNT AND PAYMENT.-- |
1128 | (a) The amount of a scholarship provided to any student |
1129 | for any single school year by an eligible nonprofit scholarship- |
1130 | funding organization from eligible contributions shall not |
1131 | exceed the following annual limits: |
1132 | 1. Three thousand seven hundred fifty dollars for a |
1133 | scholarship awarded to a student enrolled in an eligible private |
1134 | school. |
1135 | 2. Five hundred dollars for a scholarship awarded to a |
1136 | student enrolled in a Florida public school that is located |
1137 | outside the district in which the student resides or in a lab |
1138 | school as defined in s. 1002.32. |
1139 | (b) Payment of the scholarship by the eligible nonprofit |
1140 | scholarship-funding organization shall be by individual warrant |
1141 | made payable to the student's parent. If the parent chooses for |
1142 | his or her child to attend an eligible private school, the |
1143 | warrant must be delivered by the eligible nonprofit scholarship- |
1144 | funding organization to the private school of the parent's |
1145 | choice, and the parent shall restrictively endorse the warrant to |
1146 | the private school. An eligible nonprofit scholarship-funding |
1147 | organization shall ensure that the parent to whom the warrant is |
1148 | made restrictively endorsed the warrant to the private school for |
1149 | deposit into the account of the private school. |
1150 | (c) An eligible nonprofit scholarship-funding organization |
1151 | shall obtain verification from the private school of a student's |
1152 | continued attendance at the school prior to each scholarship |
1153 | payment. |
1154 | (d) Payment of the scholarship shall be made by the |
1155 | eligible nonprofit scholarship-funding organization no less |
1156 | frequently than on a quarterly basis. |
1157 | (12)(7) ADMINISTRATION; RULES.-- |
1158 | (a) If the credit granted pursuant to this section is not |
1159 | fully used in any one year because of insufficient tax liability |
1160 | on the part of the corporation, the unused amount may be carried |
1161 | forward for a period not to exceed 3 years; however, any |
1162 | taxpayer that seeks to carry forward an unused amount of tax |
1163 | credit must submit an application for allocation of tax credits |
1164 | or carryforward credits as required in paragraph (d) in the year |
1165 | that the taxpayer intends to use the carryforward carry forward. |
1166 | The total amount of tax credits and carryforward of tax credits |
1167 | granted each state fiscal year under this section is $88 |
1168 | million. This carryforward applies to all approved contributions |
1169 | made after January 1, 2002. A taxpayer may not convey, assign, |
1170 | or transfer the credit authorized by this section to another |
1171 | entity unless all of the assets of the taxpayer are conveyed, |
1172 | assigned, or transferred in the same transaction. |
1173 | (b) An application for a tax credit pursuant to this |
1174 | section shall be submitted to the department on forms |
1175 | established by rule of the department. |
1176 | (c) The department and the Department of Education shall |
1177 | develop a cooperative agreement to assist in the administration |
1178 | of this section. The Department of Education shall be |
1179 | responsible for annually submitting, by March 15, to the |
1180 | department a list of eligible nonprofit scholarship-funding |
1181 | organizations that meet the requirements of paragraph (2)(d) and |
1182 | for monitoring eligibility of nonprofit scholarship-funding |
1183 | organizations that meet the requirements of paragraph (2)(d), |
1184 | eligibility of nonpublic schools that meet the requirements of |
1185 | paragraph (2)(c), and eligibility of expenditures under this |
1186 | section as provided in subsection (4). |
1187 | (d) The department shall adopt rules necessary to |
1188 | administer this section, including rules establishing |
1189 | application forms and procedures and governing the allocation of |
1190 | tax credits and carryforward credits under this section on a |
1191 | first-come, first-served basis. |
1192 | (e) The State Board Department of Education shall adopt |
1193 | rules pursuant to ss. 120.536(1) and 120.54 necessary to |
1194 | administer this section as it relates to the roles of the |
1195 | Department of Education and the Commissioner of Education |
1196 | determine eligibility of nonprofit scholarship-funding |
1197 | organizations as defined in paragraph (2)(d) and according to |
1198 | the provisions of subsection (4) and identify qualified students |
1199 | as defined in paragraph (2)(e). |
1200 | (13)(8) DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All eligible |
1201 | contributions received by an eligible nonprofit |
1202 | scholarship-funding organization shall be deposited in a manner |
1203 | consistent with s. 17.57(2). |
1204 | Section 3. Section 1002.421, Florida Statutes, is created |
1205 | to read: |
1206 | 1002.421 Rights and obligations of private schools |
1207 | participating in state school choice scholarship programs.-- |
1208 | (1) A Florida private school participating in the |
1209 | Corporate Income Tax Credit Scholarship Program established |
1210 | pursuant to s. 220.187 or an educational scholarship program |
1211 | established pursuant to this chapter must comply with all |
1212 | requirements of this section in addition to private school |
1213 | requirements outlined in s. 1002.42, specific requirements |
1214 | identified within respective scholarship program laws, and other |
1215 | provisions of Florida law that apply to private schools. |
1216 | (2) A private school participating in a scholarship |
1217 | program must be a Florida private school as defined in s. |
1218 | 1002.01(2), must be registered in accordance with s. 1002.42, |
1219 | and must: |
1220 | (a) Comply with antidiscrimination provisions of 42 U.S.C. |
1221 | s. 2000d. |
1222 | (b) Notify the department of its intent to participate in |
1223 | a scholarship program. |
1224 | (c) Notify the department of any change in the school's |
1225 | name, school director, mailing address, or physical location |
1226 | within 15 days after the change. |
1227 | (d) Complete student enrollment and attendance |
1228 | verification requirements, including use of an on-line |
1229 | attendance verification form, prior to scholarship payment. |
1230 | (e) Annually complete and submit to the department a |
1231 | notarized scholarship compliance statement certifying that all |
1232 | school employees and contracted personnel with direct student |
1233 | contact have undergone background screening pursuant to s. |
1234 | 943.0542. |
1235 | (f) Demonstrate fiscal soundness and accountability by: |
1236 | 1. Being in operation for at least 3 school years or |
1237 | obtaining a surety bond or letter of credit for the amount equal |
1238 | to the scholarship funds for any quarter and filing the surety |
1239 | bond or letter of credit with the department. |
1240 | 2. Requiring the parent of each scholarship student to |
1241 | personally restrictively endorse the scholarship warrant to the |
1242 | school. The school may not act as attorney in fact for the |
1243 | parent of a scholarship student under the authority of a power |
1244 | of attorney executed by such parent, or under any other |
1245 | authority, to endorse scholarship warrants on behalf of such |
1246 | parent. |
1247 | (g) Meet applicable state and local health, safety, and |
1248 | welfare laws, codes, and rules, including: |
1249 | 1. Fire safety. |
1250 | 2. Building safety. |
1251 | (h) Employ or contract with teachers who hold |
1252 | baccalaureate or higher degrees, have at least 3 years of |
1253 | teaching experience in public or private schools, or have |
1254 | special skills, knowledge, or expertise that qualifies them to |
1255 | provide instruction in subjects taught. |
1256 | (i) Require each employee and contracted personnel with |
1257 | direct student contact to undergo a state and national |
1258 | background screening, pursuant to s. 943.0542, by electronically |
1259 | filing with the Department of Law Enforcement a complete set of |
1260 | fingerprints taken by an authorized law enforcement agency or an |
1261 | employee of the private school, a school district, or a private |
1262 | company who is trained to take fingerprints and to be denied |
1263 | employment or terminated if he or she fails to meet the |
1264 | screening standards under s. 435.04. Results of the screening |
1265 | shall be provided to the participating private school. For |
1266 | purposes of this paragraph: |
1267 | 1. An "employee or contracted personnel with direct |
1268 | student contact" means any employee or contracted personnel who |
1269 | has unsupervised access to a scholarship student for whom the |
1270 | private school is responsible. |
1271 | 2. The costs of fingerprinting and the background check |
1272 | shall not be borne by the state. |
1273 | 3. Continued employment of an employee or contracted |
1274 | personnel after notification that he or she has failed the |
1275 | background screening under this paragraph shall cause a private |
1276 | school to be ineligible for participation in a scholarship |
1277 | program. |
1278 | 4. An employee or contracted personnel holding a valid |
1279 | Florida teaching certificate who has been fingerprinted pursuant |
1280 | to s. 1012.32 shall not be required to comply with the |
1281 | provisions of this paragraph. |
1282 | (3)(a) Beginning July 1, 2007, all fingerprints submitted |
1283 | to the Department of Law Enforcement as required by this section |
1284 | shall be retained by the Department of Law Enforcement in a |
1285 | manner provided by rule and entered in the statewide automated |
1286 | fingerprint identification system authorized by s. 943.05(2)(b). |
1287 | Such fingerprints shall thereafter be available for all purposes |
1288 | and uses authorized for arrest fingerprint cards entered in the |
1289 | statewide automated fingerprint identification system pursuant |
1290 | to s. 943.051. |
1291 | (b) Beginning July 1, 2007, the Department of Law |
1292 | Enforcement shall search all arrest fingerprint cards received |
1293 | under s. 943.051 against the fingerprints retained in the |
1294 | statewide automated fingerprint identification system under |
1295 | paragraph (a). Any arrest record that is identified with the |
1296 | retained fingerprints of a person subject to the background |
1297 | screening under this section shall be reported to the employing |
1298 | school with which the person is affiliated. Each private school |
1299 | participating in a scholarship program is required to |
1300 | participate in this search process by informing the Department |
1301 | of Law Enforcement of any change in the employment or |
1302 | contractual status of its personnel whose fingerprints are |
1303 | retained under paragraph (a). The Department of Law Enforcement |
1304 | shall adopt a rule setting the amount of the annual fee to be |
1305 | imposed upon each private school for performing these searches |
1306 | and establishing the procedures for the retention of private |
1307 | school employee and contracted personnel fingerprints and the |
1308 | dissemination of search results. The fee may be borne by the |
1309 | private school or the person fingerprinted. |
1310 | (c) Employees and contracted personnel whose fingerprints |
1311 | are not retained by the Department of Law Enforcement under |
1312 | paragraphs (a) and (b) are required to be refingerprinted and |
1313 | must meet state and national background screening requirements |
1314 | upon reemployment or reengagement to provide services in order |
1315 | to comply with the requirements of this section. |
1316 | (d) Every 5 years following employment or engagement to |
1317 | provide services with a private school, employees or contracted |
1318 | personnel required to be screened under this section must meet |
1319 | screening standards under s. 435.04, at which time the private |
1320 | school shall request the Department of Law Enforcement to |
1321 | forward the fingerprints to the Federal Bureau of Investigation |
1322 | for national processing. If the fingerprints of employees or |
1323 | contracted personnel are not retained by the Department of Law |
1324 | Enforcement under paragraph (a), employees and contracted |
1325 | personnel must electronically file a complete set of |
1326 | fingerprints with the Department of Law Enforcement. Upon |
1327 | submission of fingerprints for this purpose, the private school |
1328 | shall request that the Department of Law Enforcement forward the |
1329 | fingerprints to the Federal Bureau of Investigation for national |
1330 | processing, and the fingerprints shall be retained by the |
1331 | Department of Law Enforcement under paragraph (a). |
1332 | (4) The inability of a private school to meet the |
1333 | requirements of this section shall constitute a basis for the |
1334 | ineligibility of the private school to participate in a |
1335 | scholarship program as determined by the department. |
1336 | (5) The inclusion of eligible private schools within |
1337 | options available to Florida public school students does not |
1338 | expand the regulatory authority of the state, its officers, or |
1339 | any school district to impose any additional regulation of |
1340 | private schools beyond those reasonably necessary to enforce |
1341 | requirements expressly set forth in this section. |
1342 | (6) The State Board of Education shall adopt rules |
1343 | pursuant to ss. 120.536(1) and 120.54 to administer this |
1344 | section. |
1345 | Section 4. This act shall take effect July 1, 2006. |