HB 859

1	A bill to be entitled
2	An act relating to the Florida Tax Credit Scholarship
3	Program; amending s. 1002.395, F.S.; revising student
4	eligibility requirements for participation in the
5	program; increasing the tax credit cap amount
6	applicable to the program; revising provisions
7	relating to the reporting of test scores by private
8	schools participating in the program; providing that a
9	private school may choose to offer and administer
10	statewide assessments at the school; revising
11	Department of Education duties relating to the
12	reporting of test scores and site visits; requiring a
13	school district to provide statewide assessments and
14	related materials to a school that makes such request;
15	revising the conditions upon which the Commissioner of
16	Education may base the denial, suspension, or
17	revocation of a private school's participation in the
18	program or the suspension of scholarship fund payment;
19	amending s. 1002.20, F.S.; conforming provisions to
20	changes made by the act; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  Subsection (3), paragraph (a) of subsection
25	(5), paragraph (e) of subsection (7), paragraph (c) of
26	subsection (8), paragraphs (j) and (n) of subsection (9),
27	subsection (10), and paragraphs (a) and (c) of subsection (11)
28	of section 1002.395, Florida Statutes, are amended to read:
29	1002.395  Florida Tax Credit Scholarship Program.-
30	(3)  PROGRAM; SCHOLARSHIP ELIGIBILITY.-
31	(a)  The Florida Tax Credit Scholarship Program is
32	established.
33	(b)  Contingent upon available funds:
34	1.  A student is eligible for a Florida tax credit
35	scholarship under this section if the student:
36	a.  Qualifies for free or reduced-price school lunches
37	under the National School Lunch Act or is on the direct
38	certification list; or and:
39	a.  Was counted as a full-time equivalent student during
40	the previous state fiscal year for purposes of state per-student
41	funding;
42	b.  Received a scholarship from an eligible nonprofit
43	scholarship-funding organization or from the State of Florida
44	during the previous school year;
45	c.  Is eligible to enter kindergarten or first grade; or
46	b.d.  Is currently placed, or during the previous state
47	fiscal year was placed, in foster care as defined in s. 39.01.
48	2.  A student may continue in the scholarship program as
49	long as the student's household income level does not exceed 230
50	percent of the federal poverty level.
51	3.  A sibling of a student who is continuing in the
52	scholarship program and who resides in the same household as the
53	student shall also be eligible as a first-time tax credit
54	scholarship recipient if the sibling meets at least one or more
55	of the criteria specified in subparagraph 1. and as long as the
56	student's and sibling's household income level does not exceed
57	230 percent of the federal poverty level.
58	(c)  Household income for purposes of a student who is
59	currently in foster care as defined in s. 39.01 shall consist
60	only of the income that may be considered in determining whether
61	he or she qualifies for free or reduced-price school lunches
62	under the National School Lunch Act.
63	(5)  SCHOLARSHIP FUNDING TAX CREDITS; LIMITATIONS.-
64	(a)1.  The tax credit cap amount is $250 $140 million in
65	the 2012-2013 2010-2011 state fiscal year.
66	2.  In the 2013-2014 2011-2012 state fiscal year and each
67	state fiscal year thereafter, the tax credit cap amount is the
68	tax credit cap amount in the prior state fiscal year. However,
69	in any state fiscal year when the annual tax credit amount for
70	the prior state fiscal year is equal to or greater than 90
71	percent of the tax credit cap amount applicable to that state
72	fiscal year, the tax credit cap amount shall increase by 25
73	percent. The department shall publish on its website information
74	identifying the tax credit cap amount when it is increased
75	pursuant to this subparagraph.
76	(7)  PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
77	PARTICIPATION.-
78	(e)  The parent shall ensure that the student participating
79	in the scholarship program takes the norm-referenced assessment
80	offered by the private school. The parent may also choose to
81	have the student participate in the statewide assessments
82	pursuant to s. 1008.22. If the parent requests that the student
83	participating in the scholarship program take statewide
84	assessments pursuant to s. 1008.22 and the private school has
85	not chosen to offer and administer the statewide assessments,
86	the parent is responsible for transporting the student to the
87	assessment site designated by the school district.
88	(8)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.-An
89	eligible private school may be sectarian or nonsectarian and
90	must:
91	(c)  Be academically accountable to the parent for meeting
92	the educational needs of the student by:
93	1.  At a minimum, annually providing to the parent a
94	written explanation of the student's progress.
95	2.  Annually administering or making provision for students
96	participating in the scholarship program in grades 3 through 10
97	to take one of the nationally norm-referenced tests identified
98	by the Department of Education. Students with disabilities for
99	whom standardized testing is not appropriate are exempt from
100	this requirement. A participating private school must report a
101	student's scores to the parent. A participating private school
102	must annually report the scores of all participating students
103	and to the independent research organization selected by the
104	date established by the Department of Education as described in
105	paragraph (9)(j).
106	3.  Cooperating with the scholarship student whose parent
107	chooses to have the student participate in the statewide
108	assessments pursuant to s. 1008.22 or, if a private school
109	chooses to offer the statewide assessments, administering the
110	assessments at the school.
111
112	The inability of a private school to meet the requirements of
113	this subsection shall constitute a basis for the ineligibility
114	of the private school to participate in the scholarship program
115	as determined by the Department of Education.
116	(9)  DEPARTMENT OF EDUCATION OBLIGATIONS.-The Department of
117	Education shall:
118	(j)  Select an independent research organization, which may
119	be a public or private entity or university, to which
120	participating private schools must report the scores of
121	participating students on the nationally norm-referenced tests
122	administered by the private school in grades 3 through 10.
123	1.  The Department of Education shall establish a date by
124	which participating private schools must report the scores of
125	students to the independent research organization.
126	2.1.  The independent research organization must annually
127	report to the Department of Education on the year-to-year
128	learning gains of participating students:
129	a.  On a statewide basis. The report shall also include, to
130	the extent possible, a comparison of these learning gains to the
131	statewide learning gains of public school students with
132	socioeconomic backgrounds similar to those of students
133	participating in the scholarship program. To minimize costs and
134	reduce time required for the independent research organization's
135	analysis and evaluation, the Department of Education shall
136	conduct analyses of matched students from public school
137	assessment data and calculate control group learning gains using
138	an agreed-upon methodology outlined in the contract with the
139	independent research organization; and
140	b.  According to each participating private school in which
141	there are at least 30 participating students who have scores for
142	tests administered during or after the 2009-2010 school year for
143	2 consecutive years at that private school.
144	3.2.  The sharing and reporting of student learning gain
145	data under this paragraph must be in accordance with
146	requirements of 20 U.S.C. s. 1232g, the Family Educational
147	Rights and Privacy Act, and shall be for the sole purpose of
148	creating the annual report required by subparagraph 2. 1. All
149	parties must preserve the confidentiality of such information as
150	required by law. The annual report must not disaggregate data to
151	a level that will identify individual participating schools,
152	except as required under sub-subparagraph 2.b. 1.b., or disclose
153	the academic level of individual students.
154	4.3.  The annual report required by subparagraph 2. 1.
155	shall be published by the Department of Education on its
156	website.
157	(n)1.  Conduct random site visits, as necessary, to private
158	schools participating in the Florida Tax Credit Scholarship
159	Program. The purpose of the site visits is solely to verify the
160	information reported by the schools concerning the enrollment
161	and attendance of students, the credentials of teachers,
162	background screening of teachers, and teachers' fingerprinting
163	results. The Department of Education may not make more than
164	seven random site visits each year and may not make more than
165	one random site visit each year to the same private school.
166	2.  Annually, by December 15, report to the Governor, the
167	President of the Senate, and the Speaker of the House of
168	Representatives the Department of Education's actions with
169	respect to implementing accountability in the scholarship
170	program under this section and s. 1002.421, any substantiated
171	allegations or violations of law or rule by an eligible private
172	school under this program concerning the enrollment and
173	attendance of students, the credentials of teachers, background
174	screening of teachers, and teachers' fingerprinting results and
175	the corrective action taken by the Department of Education.
176	(10)  SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.-
177	(a)  Upon the request of any eligible nonprofit
178	scholarship-funding organization, a school district shall inform
179	all households within the district receiving free or reduced-
180	priced meals under the National School Lunch Act of their
181	eligibility to apply for a tax credit scholarship. The form of
182	such notice shall be provided by the eligible nonprofit
183	scholarship-funding organization, and the district shall include
184	the provided form, if requested by the organization, in any
185	normal correspondence with eligible households. If an eligible
186	nonprofit scholarship-funding organization requests a special
187	communication to be issued to households within the district
188	receiving free or reduced-price meals under the National School
189	Lunch Act, the organization shall reimburse the district for the
190	cost of postage. Such notice is limited to once a year.
191	(b)  Upon the request of a private school participating in
192	the scholarship program, a school district shall provide to the
193	school the statewide assessments required under s. 1008.22 and
194	any related materials for administering the assessments.
195	(11)  COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.-
196	(a)1.  The Commissioner of Education shall deny, suspend,
197	or revoke a private school's participation in the scholarship
198	program if it is determined that the private school has failed
199	to comply with the provisions of this section. However, in
200	instances in which the noncompliance is correctable within a
201	reasonable amount of time and in which the health, safety, or
202	welfare of the students is not threatened, the commissioner may
203	issue a notice of noncompliance that shall provide the private
204	school with a timeframe within which to provide evidence of
205	compliance prior to taking action to suspend or revoke the
206	private school's participation in the scholarship program.
207	2.  The Commissioner of Education may deny, suspend, or
208	revoke a private school's participation in the scholarship
209	program if the commissioner determines that an owner or operator
210	of the private school is operating or has operated an
211	educational institution in this state or another state or
212	jurisdiction in a manner contrary to the health, safety, or
213	welfare of the public. In making this determination, the
214	commissioner may consider factors that include, but are not
215	limited to, acts or omissions by an owner or operator that led
216	to a previous denial or revocation of participation in an
217	education scholarship program; an owner's or operator's failure
218	to reimburse the Department of Education or an eligible
219	nonprofit scholarship-funding organization for scholarship funds
220	improperly received or retained by a school; imposition of a
221	prior criminal sanction, or civil fine, administrative fine,
222	license revocation or suspension, or program eligibility
223	suspension, termination, or revocation sanction related to an
224	owner's or operator's management or operation of an educational
225	institution; or other types of criminal proceedings in which the
226	owner or operator was found guilty of, regardless of
227	adjudication, or entered a plea of nolo contendere or guilty to,
228	any offense involving fraud, deceit, dishonesty, or moral
229	turpitude.
230	(c)  The commissioner may immediately suspend payment of
231	scholarship funds if it is determined that there is probable
232	cause to believe that there is:
233	1.  An imminent threat to the health, safety, and welfare
234	of the students;
235	2.  A previous pattern of failure to comply with this
236	section or s. 1002.421; or
237	3.2.  Fraudulent activity on the part of the private
238	school. Notwithstanding s. 1002.22, in incidents of alleged
239	fraudulent activity pursuant to this section, the Department of
240	Education's Office of Inspector General is authorized to release
241	personally identifiable records or reports of students to the
242	following persons or organizations:
243	a.  A court of competent jurisdiction in compliance with an
244	order of that court or the attorney of record in accordance with
245	a lawfully issued subpoena, consistent with the Family
246	Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
247	b.  A person or entity authorized by a court of competent
248	jurisdiction in compliance with an order of that court or the
249	attorney of record pursuant to a lawfully issued subpoena,
250	consistent with the Family Educational Rights and Privacy Act,
251	20 U.S.C. s. 1232g.
252	c.  Any person, entity, or authority issuing a subpoena for
253	law enforcement purposes when the court or other issuing agency
254	has ordered that the existence or the contents of the subpoena
255	or the information furnished in response to the subpoena not be
256	disclosed, consistent with the Family Educational Rights and
257	Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
258
259	The commissioner's order suspending payment pursuant to this
260	paragraph may be appealed pursuant to the same procedures and
261	timelines as the notice of proposed action set forth in
262	paragraph (b).
263	Section 2.  Paragraph (b) of subsection (6) of section
264	1002.20, Florida Statutes, is amended to read:
265	1002.20  K-12 student and parent rights.-Parents of public
266	school students must receive accurate and timely information
267	regarding their child's academic progress and must be informed
268	of ways they can help their child to succeed in school. K-12
269	students and their parents are afforded numerous statutory
270	rights including, but not limited to, the following:
271	(6)  EDUCATIONAL CHOICE.-
272	(b)  Private school choices.-Parents of public school
273	students may seek private school choice options under certain
274	programs.
275	1.  Under the McKay Scholarships for Students with
276	Disabilities Program, the parent of a public school student with
277	a disability may request and receive a McKay Scholarship for the
278	student to attend a private school in accordance with the
279	provisions of s. 1002.39.
280	2.  Under the Florida Tax Credit Scholarship Program, the
281	parent of a student who qualifies for free or reduced-price
282	school lunch or who is currently placed, or during the previous
283	state fiscal year was placed, in foster care as defined in s.
284	39.01 may seek a scholarship from an eligible nonprofit
285	scholarship-funding organization in accordance with the
286	provisions of s. 1002.395.
287	Section 3.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.