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A bill to be entitled

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An act relating to education; amending s. 220.187, F.S.,

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relating to the Corporate Income Tax Credit Scholarship

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Program; providing legislative findings; revising program

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purposes; defining the term "parent"; providing that

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specified students who have been in educational programs

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of the Department of Juvenile Justice or in foster care

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are eligible for participation in the scholarship program;

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providing income criteria for continuation of scholarships

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for students in foster care; providing for eligibility of

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siblings of certain students; revising provisions relating

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to the amount and authorized uses of a scholarship;

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revising provisions relating to the expenditure of

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contributions received during the fiscal year; revising

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limits on scholarship amounts and payments; providing for

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preserving certain credits if a court finds certain

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provisions are invalid; amending s. 1002.39, F.S.,

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relating to the John M. McKay Scholarships for Students

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with Disabilities Program; revising scholarship

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ineligibility and private school eligibility provisions to

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exempt certain students from regular class attendance

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requirements under certain circumstances; revising

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Department of Education obligations relating to cross-

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check of student enrollment; providing private school

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requirements relating to discovery of duplicative

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enrollment and penalties or appeals under certain

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circumstances; requiring a private school to maintain a

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physical location in this state where case management

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services are provided to students subject to the regular

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class attendance exemption; requiring a private school to

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employ a case manager for such students; specifying case

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manager qualifications and responsibilities; specifying

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the timeframe for parents to provide documentation for the

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regular class attendance exemption; creating s. 1008.346,

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F.S.; providing legislative intent and findings; requiring

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the Commissioner of Education to develop a program to

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improve failing schools; providing requirements concerning

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the program; providing for the creation of an advisory

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council; providing for membership and duties of the

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council; requiring that the commissioner consult with the

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Office of Program Policy Analysis and Government

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Accountability and certain district community assessment

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teams concerning the program; providing for coordination

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and consistency with strategic planning initiatives of the

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Department of Education or the State Board of Education;

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requiring an annual report concerning implementation of

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the program; providing an effective date.

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

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     Section 1.  Subsections (1) and (3), paragraphs (d) and (i)

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of subsection (6), and paragraphs (a) and (c) of subsection (11)

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of section 220.187, Florida Statutes, are amended, paragraph (f)

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is added to subsection (2), and subsection (14) is added to that

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section, to read:

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     220.187  Credits for contributions to nonprofit scholarship-

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funding organizations.--

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     (1) FINDINGS AND PURPOSE.--

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     (a) The Legislature finds that:

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     1. It has the inherent power to determine subjects of

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taxation for general or particular public purposes.

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     2. Expanding educational opportunities and improving the

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quality of educational services in this state and ensuring that

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all parents, regardless of means, may exercise and enjoy their

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basic right to educate their children as they see fit are valid

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public purposes that the Legislature may promote using its

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sovereign power to determine subjects of taxation and exemptions

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from taxation.

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     3. The existence of programs that provide expanded

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educational opportunities in this state has not been shown to

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reduce funding to or otherwise harm public schools in this state,

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and, to the contrary, per-student funding in public schools has

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risen each year since the inception of such programs in 1999.

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     4. Expanded educational opportunities and the healthy

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competition that such opportunities promote are critical to

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improving the quality of education in this state and to ensuring

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that all children receive the high-quality education to which

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they are entitled.

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     (b) The purpose of this section is to:

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     1.(a) Enable taxpayers to make Encourage private, voluntary

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contributions to nonprofit scholarship-funding organizations in

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order to promote the general welfare.

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     2. Provide a means for taxpayers to voluntarily help

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parents having limited resources exercise their basic right to

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educate their children as they see fit.

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     3.(b) Promote the general welfare by expanding Expand

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educational opportunities for children of families that have

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limited financial resources.

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

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level of excellence in their education.

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     5. Improve the quality of education in this state by

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expanding educational opportunities for children and creating

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incentives for schools to achieve excellence.

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     (2)  DEFINITIONS.--As used in this section, the term:

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     (f) "Parent" has the same meaning as in s. 1000.21.

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     (3)  PROGRAM; SCHOLARSHIP ELIGIBILITY.--

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     (a) The Corporate Income Tax Credit Scholarship Program is

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established. A student is eligible for a corporate income tax

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credit scholarship if the student qualifies for free or reduced-

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price school lunches under the National School Lunch Act and:

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     1.(a) Was counted as a full-time equivalent student during

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the previous state fiscal year for purposes of state per-student

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funding;

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     2. Was counted as a full-time equivalent student at any

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time during the previous state fiscal year in an educational

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program of the Department of Juvenile Justice under s. 1003.52

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for purposes of state per-student funding;

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     3.(b) Received a scholarship from an eligible nonprofit

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scholarship-funding organization or from the State of Florida

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during the previous school year; or

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     4.(c) Is eligible to enter kindergarten or first grade; or.

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     5. Is currently placed, or during the previous state fiscal

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year was placed, in foster care as defined in s. 39.01.

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     (b) Contingent upon available funds, a student may continue

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in the scholarship program as long as the student's family income

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level does not exceed 200 percent of the federal poverty level.

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Family income for purposes of a student who is currently in

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foster care as defined in s. 39.01 consists only of the income

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that may be considered in determining whether he or she qualifies

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for free or reduced-price school lunches under the National

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School Lunch Act. A sibling of a student who is continuing in the

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program is eligible as a first-time corporate income tax credit

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scholarship recipient if the sibling resides in the same

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household as the student and the student's and sibling's family

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income level does not exceed 200 percent of the federal poverty

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level.

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     (6)  OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING

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ORGANIZATIONS.--An eligible nonprofit scholarship-funding

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organization:

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     (d)  Must provide scholarships, from eligible contributions,

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to eligible students for:

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     1. Tuition, or textbook expenses, or registration fees for,

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or transportation to, an eligible private school. The amount of

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the scholarship shall be the maximum allowed by law or the amount

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of the private school's textbook expenses and published tuition

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and registration fees, whichever is less At least 75 percent of

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the scholarship funding must be used to pay tuition expenses; or

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     2.  Transportation expenses to a Florida public school that

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is located outside the district in which the student resides or

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to a lab school as defined in s. 1002.32.

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     (i) Must expend for annual or partial-year scholarships in

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a fiscal year at least 75 percent of the eligible scholarship

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contributions received in that fiscal year. Up to 25 percent of

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the eligible scholarship contributions received in a fiscal year

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may be carried forward to the succeeding fiscal year; however,

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any amounts carried forward must be expended for obligate, in the

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same fiscal year in which the contribution was received, 100

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percent of the eligible contribution to provide annual or

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partial-year scholarships; however, up to 25 percent of the total

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contribution may be carried forward for expenditure in such

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succeeding the following state fiscal year. A scholarship-funding

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organization must, before granting a scholarship for an academic

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year, document each scholarship student's eligibility for that

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academic year. A scholarship-funding organization may not grant

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multiyear scholarships in one approval process. No portion of

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eligible contributions may be used for administrative expenses.

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All interest accrued from contributions must be used for

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scholarships.

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Any and all information and documentation provided to the

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Department of Education and the Auditor General relating to the

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identity of a taxpayer that provides an eligible contribution

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under this section shall remain confidential at all times in

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accordance with s. 213.053.

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     (11)  SCHOLARSHIP AMOUNT AND PAYMENT.--

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     (a)  The amount of a scholarship provided to any student for

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any single school year by an eligible nonprofit scholarship-

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funding organization from eligible contributions may shall not

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exceed the following annual limits:

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     1.  Three thousand seven hundred fifty dollars for a

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scholarship awarded to a student enrolled in kindergarten through

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grade 5 in an eligible private school.

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     2. Four thousand dollars for a scholarship awarded to a

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student enrolled in grades 6 through 8 in an eligible private

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school.

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     3. Four thousand two hundred fifty dollars for a

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scholarship awarded to a student enrolled in grades 9 through 12

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in an eligible private school.

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     4.2. Five hundred dollars for a scholarship awarded to a

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student enrolled in a Florida public school that is located

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outside the district in which the student resides or in a lab

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school as defined in s. 1002.32.

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     (c)  An eligible nonprofit scholarship-funding organization

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shall obtain verification from the private school of a student's

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continued attendance at the school for prior to each period

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covered by a scholarship payment.

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     (14) PRESERVATION OF CREDIT.--If a court determines that a

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provision or portion of subsection (5), or the application of a

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provision or portion of subsection (5), is unconstitutional or

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otherwise invalid, the court's determination does not affect any

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credit earned by a taxpayer under subsection (5) for a

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contribution made to an eligible nonprofit scholarship-funding

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organization before the date of the court's determination. Such a

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credit shall be allowed at such time and in such a manner as if

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the court had not made such a determination of

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unconstitutionality or invalidity. However, this subsection does

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not, by itself or in combination with any other law, authorize

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any result that allows a taxpayer to receive a credit of more

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than one dollar for each dollar such taxpayer contributed to an

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eligible nonprofit scholarship-funding organization.

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     Section 2.  Paragraph (h) of subsection (3), paragraph (e)

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of subsection (6), and subsection (8) of section 1002.39, Florida

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Statutes, are amended, and paragraph (g) is added to subsection

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(9) of that section, to read:

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     1002.39  The John M. McKay Scholarships for Students with

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Disabilities Program.--There is established a program that is

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separate and distinct from the Opportunity Scholarship Program

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and is named the John M. McKay Scholarships for Students with

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Disabilities Program.

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     (3)  JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.--A student is

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not eligible for a John M. McKay Scholarship while he or she is:

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     (h)  Not having regular and direct contact with his or her

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private school teachers at the school's physical location unless

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the following criteria are met:

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     1. The student's primary care physician, a medical doctor

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treating the student's disability, or a clinical psychologist

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treating the student's disability provides a notarized, sworn

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statement to the department certifying that the student's welfare

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or the welfare of other students in the classroom will be

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jeopardized if the student is required to regularly attend class

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at the school's physical location.

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     2. The student's primary care physician, a medical doctor

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treating the student's disability, or a clinical psychologist

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treating the student's disability annually reviews the student's

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case and recertifies to the department by May 1 that the

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student's welfare or the welfare of other students in the

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classroom will be jeopardized if the student is required to

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regularly attend class at the school's physical location.

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A student who received a scholarship in the 2006-2007 or 2007-

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2008 school year and who demonstrates that he or she met the

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criteria of subparagraph 1. is eligible, despite a lack of such

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contact in one or both of such school years, to receive a

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scholarship beginning in the 2008-2009 school year.

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     (6)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The department

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shall:

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     (e)  Cross-check the list of participating scholarship

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students with the public school enrollment lists prior to each

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scholarship payment to avoid duplication in accordance with the

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following deadlines:

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     1. For the scholarship payment due no later than September

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1 under paragraph (10)(e), the department shall complete the

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cross-check within 21 days after the opening date adopted under

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s. 1001.42(4)(f) for public schools in the school district in

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which the scholarship student resides.

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     2. For all other scholarship payments under paragraph

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(10)(e), the department shall complete the cross-check before

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each payment.

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The department shall send a written notice via certified mail to

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a private school within 7 business days after discovering a

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duplication. Within 7 business days after receipt of the

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department's notice of duplication, the private school shall

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respond by returning the duplicative warrant to the department or

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providing the department with documentation evidencing the

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scholarship recipient's attendance at the private school. If a

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private school does not provide such a response, the Commissioner

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of Education shall suspend future scholarship payments to the

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private school until the response is provided. An order by the

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commissioner suspending payment under this paragraph may be

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appealed under the same procedures and timeframes as the notice

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of proposed action set forth in paragraph (7)(b).

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     (8)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be

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eligible to participate in the John M. McKay Scholarships for

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Students with Disabilities Program:,

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     (a) A private school may be sectarian or nonsectarian and

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must:

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     1.(a) Comply with all requirements for private schools

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participating in state school choice scholarship programs

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pursuant to s. 1002.421.

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     2.(b) Provide to the department all documentation required

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for a student's participation, including the private school's and

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student's fee schedules, at least 30 days before the first

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quarterly scholarship payment is made for the student.

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     3.(c) Be academically accountable to the parent for meeting

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the educational needs of the student by:

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     a.1. Providing to the parent, at a minimum, an annual

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annually providing to the parent a written report explanation of

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the student's progress.

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     b.2. Cooperating with the scholarship student whose parent

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chooses to participate in the statewide assessments pursuant to

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s. 1008.22.

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     4.(d) Maintain in this state a physical location where a

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scholarship student:

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     a. Regularly attends classes; or.

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     b. Receives case management services if the student is

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exempt from regular class attendance under subparagraph (3)(h)1.

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or subparagraph (3)(h)2.

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     (b) A private school that enrolls a student who is exempt

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from regular class attendance under subparagraph (3)(h)1. or

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subparagraph (3)(h)2. must:

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     1. Employ or contract with a case manager who has special

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skills, knowledge, or expertise that qualifies him or her to

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provide assistance to the student with disabilities and the

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student's parent.

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     2. Require each employee or contractor who provides regular

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and direct instruction or services to a student at a site other

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than the private school's physical location to submit to the case

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manager documentation of the instruction, services, and progress

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of the student.

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     3. Ensure that the case manager is responsible for

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coordinating instruction and services, monitoring service

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delivery, reviewing and maintaining the documentation submitted

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by employees or contractors hired to provide services to a

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student at a site other than the private school's physical

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location, and providing to the parent and the school a quarterly

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report on the student's progress.

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     4. Notify the department of the students enrolled in the

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school who are exempt from regular class attendance under

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subparagraph (3)(h)1. or subparagraph (3)(h)2.

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The inability of a private school to meet the requirements of

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this subsection constitutes shall constitute a basis for the

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ineligibility of the private school to participate in the

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scholarship program as determined by the department.

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     (9)  PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM

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PARTICIPATION.--A parent who applies for a John M. McKay

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Scholarship is exercising his or her parental option to place his

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or her child in a private school.

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     (g) The parent of a student with disabilities who qualifies

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to receive case management services under sub-subparagraph

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(8)(a)4.b. shall provide the documentation required under

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subparagraph (3)(h)1. or subparagraph (3)(h)2. to the department

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at least 60 days before the first scholarship payment.

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     Section 3.  Section 1008.346, Florida Statutes, is created

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to read:

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     1008.346 Strategic program to improve schools failing to

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make adequate progress.--

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     (1) The Legislature intends that the state develop and

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implement a comprehensive strategic program to facilitate the

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improvement of schools that are failing to make adequate progress

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based on the school performance grading categories established by

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law. The Legislature finds that achieving meaningful and lasting

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progress in these schools will take a number of years. Thus, the

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Legislature intends that the program developed under this section

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include a multiyear design and implementation schedule and

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provide measurable goals and objectives for these schools.

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     (2) In coordination with the responsibilities prescribed in

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s. 1008.345, the Commissioner of Education shall develop and

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submit to the President of the Senate and the Speaker of the

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House of Representatives by February 1, 2009, a multifaceted

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program of policies and practices directed specifically toward

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schools in the "F" grade category under s. 1008.34. At a minimum,

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the program must:

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     (a) Include an assessment of the extent to which new

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policies, or enhancements to existing policies, in the following

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areas would facilitate improvement at these schools:

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     1. Capital improvements to school facilities;

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     2. Incentives to encourage outstanding faculty and staff to

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transfer to these schools;

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     3. Equipment and supplies;

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     4. Technology infrastructure, hardware, or software;

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     5. Incentives to encourage parents and other family members

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to participate in a child's education; and

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     6. Mentoring and other forms of participation by members of

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the community.

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     (b) Include a suggested order of priority and schedule for

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adopting, funding, and implementing policies and practices over a

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5-year period.

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     (c) Specify those elements of the program that can be

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accomplished within existing statutory authority and those

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requiring new statutory authority.

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     (d) Include specific recommendations for action by the

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Legislature.

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     (3) The commissioner shall create an advisory council in

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accordance with s. 20.052 that is comprised of at least two

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teachers, two staff persons, and two parents of students from one

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or more schools that are failing to make adequate progress based

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on the school performance grading categories and any other

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individuals the commissioner deems appropriate. The advisory

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council shall assist the commissioner in developing and

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implementing the program required by this section and in annually

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notifying the parents of students in failing schools who qualify

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for free or reduced-price lunches under the National School Lunch

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Act of the availability of scholarships under s. 220.187. Such

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notice must be provided in sufficient time to allow the parent to

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apply and have his or her child approved for a scholarship.

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     (4) In developing and implementing the program, the

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commissioner shall consult with the district community assessment

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teams assigned under s. 1008.345(6)(d) and with the Office of

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Program Policy Analysis and Government Accountability.

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     (5) The program shall be developed in coordination with,

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and shall be consistent with, other strategic planning

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initiatives of the Department of Education or the State Board of

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Education.

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     (6) The Commissioner of Education shall report annually to

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the Governor, the President of the Senate, and the Speaker of the

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House of Representatives on the implementation of the program.

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     Section 4.  This act shall take effect July 1, 2008.