Florida Senate - 2013                                    SB 1492
       
       
       
       By Senator Negron
       
       
       
       
       32-01206-13                                           20131492__
    1                        A bill to be entitled                      
    2         An act relating to the Education Savings Account
    3         Program; creating s. 1002.385, F.S.; establishing the
    4         program to provide a student account to pay for
    5         specified educational expenses at a private school,
    6         private virtual school, private tutoring program, or
    7         public or private postsecondary institution or to
    8         contribute to a college savings plan or make payment
    9         for a prepaid college plan; providing definitions and
   10         student eligibility requirements; providing parent and
   11         student responsibilities; providing educational
   12         institution eligibility and obligations; providing
   13         Department of Education, Chief Financial Officer, and
   14         financial institution obligations; providing
   15         Commissioner of Education authority and obligations;
   16         authorizing the release of personally identifiable
   17         information; providing for the total amount of
   18         payments; authorizing the Legislative Budget
   19         Commission to transfer certain funds to the Florida
   20         Education Finance Program; providing for
   21         administration and rulemaking; providing requirements
   22         for enrollment in the program for the 2013-2014 school
   23         year; authorizing the State Board of Education and the
   24         Chief Financial Officer to adopt emergency rules;
   25         providing an effective date.
   26  
   27         WHEREAS, the Legislature finds that the state has a duty to
   28  provide for a high-quality education for all children residing
   29  in the state, and
   30         WHEREAS, the Legislature finds that the state has a duty to
   31  provide for the establishment, maintenance, and operation of
   32  institutions of higher learning, and
   33         WHEREAS, a high-quality education for children is
   34  facilitated by parental involvement in educational choices for
   35  their children, competition among schools and other learning
   36  environments, and the measurement and evaluation of student
   37  learning gains, and
   38         WHEREAS, the Legislature finds that competition between
   39  public schools and private schools will enhance the quality of
   40  education at public schools by encouraging innovation,
   41  flexibility, and efficiency, and
   42         WHEREAS, providing a child with an opportunity to attend a
   43  public school or providing funds to pay for private schooling or
   44  tutoring enables the child to access the high-quality education
   45  best suited for his or her specific needs, and
   46         WHEREAS, the Legislature finds that under the right to
   47  religious freedom in the State Constitution, the state may not
   48  prohibit a person from using private funds to pay the cost of
   49  private schooling or tutoring at an institution with a religious
   50  affiliation, NOW, THEREFORE,
   51  
   52  Be It Enacted by the Legislature of the State of Florida:
   53  
   54         Section 1. Section 1002.385, Florida Statutes, is created
   55  to read:
   56         1002.385 Education Savings Account Program.—The Education
   57  Savings Account Program is established.
   58         (1) DEFINITIONS.—As used in this section, the term:
   59         (a) “Account” means an education savings account belonging
   60  to a student who is participating, or who previously
   61  participated, in the program. Funds in an account are private
   62  funds.
   63         (b) “College savings plan” means a qualified tuition plan
   64  under s. 529 of the Internal Revenue Code which allows the
   65  establishment of an account for a beneficiary for the purpose of
   66  paying the beneficiary’s eligible college expenses.
   67         (c) “Department” means the Department of Education.
   68         (d) “Eligible private postsecondary institution” means a
   69  private postsecondary institution that is a member of the
   70  Independent Colleges and Universities of Florida and is located
   71  in the state.
   72         (e) “Eligible private school” means a private school that
   73  offers an education to students in any of grades kindergarten
   74  through grade 12, is located in this state, and meets the
   75  requirements in subsection (6).
   76         (f) “Financial institution” means an institution defined in
   77  s. 655.005(1)(i).
   78         (g) “Program” means the Education Savings Account Program.
   79         (2) ELIGIBLE STUDENTS.—
   80         (a) A student is eligible to receive funds under the
   81  program if the student resides in this state and:
   82         1. Is eligible to enter kindergarten or first grade;
   83         2. Is the sibling of a student who participates in the
   84  program and who resides in the same household; or
   85         3. Was counted as a full-time equivalent student during the
   86  previous state fiscal year for purposes of state per-student
   87  funding.
   88         (b) A student remains eligible for the program until he or
   89  she graduates from high school or enrolls in a public school,
   90  charter school, or virtual instruction program, excluding the
   91  Florida Virtual School, which receives state funding as a result
   92  of the student’s participation.
   93         (3) INELIGIBLE STUDENTS.—A student may not participate in
   94  the program if he or she is:
   95         (a) Enrolled in a school operating for the purpose of
   96  providing educational services to youth in a Department of
   97  Juvenile Justice commitment program;
   98         (b) Participating in a virtual school, correspondence
   99  school, or distance learning program that receives state funding
  100  for the student’s participation;
  101         (c) Enrolled in the Florida School for the Deaf and the
  102  Blind; or
  103         (d) Receiving an educational scholarship pursuant to this
  104  chapter.
  105         (4) PARENT AND STUDENT OPTIONS.—
  106         (a) A parent may direct the trustee of the funds in the
  107  student’s account to use such funds, in whole or in combination,
  108  to:
  109         1. Pay the tuition and fees for the child to attend an
  110  eligible private school;
  111         2. Pay the tuition and fees for the child to attend an
  112  eligible private virtual school;
  113         3. Pay a private tutor or private tutoring program
  114  qualified under s. 1002.43 for supplemental educational
  115  services;
  116         4. Pay the cost of tuition, books, or fees for the child to
  117  enroll in a dual enrollment program at a public postsecondary
  118  institution or at an eligible private postsecondary institution;
  119         5. Contribute to the child’s college savings plan; or
  120         6. Make a payment toward the purchase of a contract under
  121  the Stanley G. Tate Florida Prepaid College Program.
  122         (b) Within 3 months after the child graduates from high
  123  school or no longer participates in the program, a parent may
  124  direct the trustee to donate any unspent funds in the account to
  125  any institution identified in subparagraphs (a)1.-4. or to the
  126  school district in which the child last resided before the
  127  child’s participation in the program terminated. If a parent
  128  fails to identify an institution to which the trustee must
  129  donate the funds, the trustee shall donate the funds to the
  130  school district pursuant to this paragraph.
  131         (5) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
  132  PARTICIPATION.—
  133         (a) A parent must annually apply to the department on
  134  behalf of the child during the annual enrollment period. As part
  135  of the enrollment, the parent must identify the educational
  136  option chosen to meet the compulsory attendance requirements of
  137  law whether through attendance at a private school or private
  138  virtual school, enrollment in a home education program under s.
  139  1002.41, or a private tutoring program under s. 1002.43.
  140         (b)1. If a parent elects for the child to attend an
  141  eligible private school or private virtual school, the parent or
  142  the child must:
  143         a. Select an eligible private school or private virtual
  144  school and apply for admission.
  145         b. Inform the child’s school district when the parent
  146  withdraws the child to attend the private school or private
  147  virtual school.
  148         c. Remain in attendance in the selected school throughout
  149  the school year unless excused by the school for illness or
  150  other good cause.
  151         d. Comply with the school’s published policies.
  152         e. Ensure that the child participating in the program takes
  153  the nationally norm-referenced assessment tests administered by
  154  the school which are required by the department. The parent may
  155  also choose to have the child participate in a statewide
  156  assessment pursuant to s. 1008.22. If the parent requests that
  157  the child take a statewide assessment, the parent is responsible
  158  for transporting the child to the testing site designated by the
  159  school district.
  160         f. Pay the balance of the school’s tuition and fees in
  161  excess of the funds in the child’s account.
  162         2. A parent who chooses to comply with the compulsory
  163  attendance requirements by enrolling his or her child in a
  164  private school or private virtual school may also choose to
  165  enroll the child in a dual enrollment program through a public
  166  postsecondary institution or an eligible private postsecondary
  167  institution and use funds from the child’s account for such
  168  purposes. The parent and child must register or apply for
  169  admission during the institution’s registration or application
  170  period and are responsible for paying the balance of tuition and
  171  fees that is not covered by the payments from the child’s
  172  account.
  173         (c)1. If a parent elects for his or her child to
  174  participate in a home education program, the parent and child
  175  must comply with s. 1002.41.
  176         2. A parent who chooses to comply with the compulsory
  177  attendance requirements by enrolling his or her child in a home
  178  education program may also choose to enroll the child in a dual
  179  enrollment program through a public postsecondary institution or
  180  an eligible private postsecondary institution and use funds from
  181  the child’s account for such purpose. The parent and child must
  182  register or apply for admission during the institution’s
  183  registration or application period and are responsible for
  184  paying the balance of tuition and fees that is not covered by
  185  payments from the child’s account.
  186         (d)1. If a parent elects for the child to receive an
  187  education from an eligible private tutor or private tutoring
  188  program, the parent and the child must comply with this section.
  189         2. A parent who chooses to comply with the compulsory
  190  attendance requirements through use of a private tutor or
  191  private tutoring program may also choose to enroll his or her
  192  child in a dual enrollment program through a public
  193  postsecondary institution or an eligible private postsecondary
  194  institution and use funds from the child’s account for such
  195  purpose. The parent and child must register or apply for
  196  admission during the institution’s registration or application
  197  period and are responsible for paying the balance of tuition and
  198  fees that is not covered by payments from the child’s account.
  199         (e) If a parent elects to use any portion of his or her
  200  child’s account as payment for private tutoring through an
  201  eligible supplemental educational services provider, the parent
  202  is responsible for payments to the provider that are not covered
  203  by the child’s account.
  204         (f) If a parent elects for the child to participate in dual
  205  enrollment at a public postsecondary institution or an eligible
  206  private postsecondary institution, the parent or the child must:
  207         1. Register or apply for admission during the institution’s
  208  registration or application period.
  209         2. Inform the child’s school district when the parent
  210  withdraws the child to attend the postsecondary institution.
  211         3. Remain in attendance in the postsecondary institution
  212  throughout the school year unless excused by the institution for
  213  illness or other good cause.
  214         4. Comply with the institution’s published policies.
  215         5. Pay the balance of the postsecondary institution’s
  216  tuition and fees in excess of the funds in the child’s account.
  217         (g) If a parent elects to use any of the funds in the
  218  child’s account to make a contribution to a college savings
  219  plan, the parent must comply with all federal and state laws
  220  related to contributions to a college savings plan.
  221         (h) If a parent elects to use any of the funds in the
  222  child’s account toward the purchase of a contract under the
  223  Stanley G. Tate Florida Prepaid College Program, the parent must
  224  comply with all rules and requirements of the program and is
  225  responsible for payments in excess of the funds in the account.
  226  
  227  A child may return to the public school system at any time, at
  228  which time quarterly payments to the child’s account shall
  229  cease. The parent of a child who returns to the public school
  230  system is responsible for the payment of any outstanding balance
  231  owed to the private school, private virtual school, private
  232  tutor, private tutoring program, state postsecondary
  233  institution, or private postsecondary institution which is in
  234  excess of the funds in the account when payments to the account
  235  cease.
  236         (6) EDUCATIONAL INSTITUTION ELIGIBILITY AND OBLIGATIONS.—
  237         (a) A sectarian or nonsectarian private school is eligible
  238  to participate in the program if the school:
  239         1. Is accredited by the Southern Association of Colleges
  240  and Schools or is eligible to participate in the Florida Tax
  241  Credit Scholarship Program or the John M. McKay Scholarships for
  242  Students with Disabilities Program.
  243         2. Complies with rules adopted by the State Board of
  244  Education for participation in the program.
  245         (b) A sectarian or nonsectarian private virtual school is
  246  eligible to participate in the program if the school:
  247         1. Is approved by the department to participate in the
  248  school district virtual instruction program under s. 1002.45.
  249         2. Complies with rules adopted by the State Board of
  250  Education for participation in the program.
  251         (c) A private tutor or private tutoring program is eligible
  252  to participate in the program if the private tutor or private
  253  tutoring program:
  254         1. Is qualified under s. 1002.43.
  255         2. Complies with rules adopted by the State Board of
  256  Education for participation in the program.
  257         3. Is a supplemental educational services provider under
  258  the federal Elementary and Secondary Education Act, 20 U.S.C.
  259  ss. 6301 et seq.
  260         (d) Each public postsecondary institution is eligible to
  261  participate in the program and must comply with rules adopted by
  262  the State Board of Education for participation in the program.
  263         (e) A sectarian or nonsectarian private postsecondary
  264  institution is eligible to participate in the program if the
  265  institution is a member of the Independent Colleges and
  266  Universities of Florida and complies with rules adopted by the
  267  State Board of Education for participation in the program.
  268         (7) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
  269  Education shall:
  270         (a) Establish an annual enrollment period and a process in
  271  which a parent may apply to enroll his or her child in the
  272  program. The enrollment period shall begin by January 1 and end
  273  by March 1 before the school year in which funding for the
  274  child’s account is sought. All applications must be processed by
  275  May 1 of each year.
  276         (b) Annually verify the eligibility of private schools,
  277  private virtual schools, private tutors, private tutoring
  278  programs, and postsecondary institutions to participate in the
  279  program and publish a list of eligible schools, tutors, tutoring
  280  programs, and postsecondary institutions.
  281         (c) Annually, by March 15, submit to a participating
  282  financial institution a list of eligible private schools,
  283  private virtual schools, private tutors, private tutoring
  284  programs, and private postsecondary institutions.
  285         (d) Notify a participating financial institution of
  286  students who are approved to participate in the program. The
  287  notice must be made annually by May 1 after the department
  288  processes all applications to participate in the program.
  289         (e) Establish a toll-free hotline that provides parents and
  290  private schools with information about the program.
  291         (f) Establish a process by which a person may notify the
  292  department of any violation of laws or rules relating to
  293  participation in the program. The department shall conduct an
  294  inquiry of all signed, written, and legally sufficient
  295  complaints that allege a violation of this section or make a
  296  referral to the appropriate agency for an investigation. A
  297  complaint is legally sufficient if it states ultimate facts
  298  showing that this section or a rule adopted under this section
  299  has been violated.
  300         (g) Require participating private schools and private
  301  virtual schools to annually certify compliance with the
  302  requirements of the program. The certification must be made in a
  303  sworn and notarized statement by the head of the private school.
  304         (h) Compare the list of students participating in the
  305  program with the public school enrollment lists to avoid
  306  duplicate payments.
  307         (i) Maintain a list of nationally norm-referenced tests
  308  identified by the department which must be administered by a
  309  participating private school or private virtual school to
  310  students participating in the program. The tests must meet
  311  industry standards of quality under rules of the State Board of
  312  Education.
  313         (j) Select an independent research organization, which may
  314  be a public or private entity or university, to which
  315  participating private schools and private virtual schools must
  316  report the scores of participating students on the nationally
  317  norm-referenced tests administered by the schools in grades 3
  318  through 10.
  319         1. The independent research organization must annually
  320  issue a report to the department which includes:
  321         a. The year-to-year learning gains of students in the
  322  program.
  323         b. To the extent possible, a comparison of the learning
  324  gains of students in the program to the statewide learning gains
  325  of public school students having backgrounds similar to those of
  326  the students in the program. In order to minimize the costs and
  327  time that the independent research organization requires for
  328  analysis and evaluation, the department shall conduct analyses
  329  of assessment data from matched students in public schools and
  330  shall calculate learning gains of control groups using a
  331  methodology outlined in the contract with the independent
  332  research organization.
  333         c. The aggregate year-to-year learning gains of students in
  334  the program in each participating private school in which there
  335  are at least 30 participating students having scores for tests
  336  for 2 consecutive years at that private school.
  337         2. The sharing and reporting of the learning gains of
  338  students pursuant to this paragraph must be in accordance with
  339  the Family Educational Rights and Privacy Act, 20 U.S.C. s.
  340  1232g, and shall be for the sole purpose of creating the annual
  341  report required by subparagraph 1. The department and the
  342  independent research organization shall preserve the
  343  confidentiality of such information as required by law. The
  344  organization may not disaggregate data in its annual report to a
  345  level that will identify individual participating schools,
  346  except as required under sub-subparagraph 1.c., or disclose the
  347  academic level of individual students.
  348         3. The department shall publish the annual report on its
  349  website.
  350         (k) Conduct random site visits to private schools, private
  351  tutors, private tutoring programs, and private postsecondary
  352  institutions participating in the program. During a site visit,
  353  the department may conduct only activities to verify the
  354  information reported by the schools concerning the enrollment
  355  and attendance of students, the credentials of teachers, and the
  356  results of criminal history record checks of teachers.
  357         (l) Annually, by December 15, issue a report to the
  358  Governor, the President of the Senate, and the Speaker of the
  359  House of Representatives describing the implementation of
  360  accountability mechanisms for the program; identifying any
  361  violations of a law or rule governing the program concerning the
  362  enrollment and attendance of students, the credentials of
  363  teachers, or the background screening of teachers; and
  364  describing the corrective actions taken by the department
  365  relating to violations of a law or rule governing the program.
  366         (8) CHIEF FINANCIAL OFFICER OBLIGATIONS.—The Chief
  367  Financial Officer shall:
  368         (a) Process applications from financial institutions
  369  applying to participate in the program.
  370         (b) Provide the identity and contact information for the
  371  selected financial institution to the department by March 1 of
  372  each year.
  373         (c) Conduct or review a financial audit of the selected
  374  financial institution to ensure compliance with this section.
  375         (d) Revoke the eligibility of the selected financial
  376  institution if the institution fails to comply with this section
  377  and select a replacement financial institution pursuant to
  378  paragraph (9)(a).
  379         (e) Upon notice from the department, make payments to the
  380  accounts of participating students in four equal installments by
  381  September 1, November 1, February 1, and April 1.
  382         (9) OBLIGATIONS OF FINANCIAL INSTITUTIONS.—
  383         (a) The Chief Financial Officer shall create a request for
  384  proposal for the purpose of selecting a financial institution to
  385  aid in the administration of the program. The Chief Financial
  386  Officer shall select the financial institution from institutions
  387  that agree to:
  388         1. Serve as a trustee of the funds in a student’s account.
  389         2. Limit fees imposed on each account to 3 percent or less
  390  of each payment made from an account.
  391         3. Make timely quarterly payments directly to the eligible
  392  private school, private virtual school, private tutor, private
  393  tutoring program, or eligible private postsecondary institution
  394  selected by the parent. The amount of the quarterly payment to
  395  the educational institution or program may not exceed:
  396         a. The amount of the state quarterly payment to the
  397  financial institution, less the financial institution’s fees.
  398         b. The reported tuition and fee schedule provided to the
  399  department for the educational institution or program.
  400         4. Make timely quarterly payments directly to a public
  401  postsecondary institution selected by the parent for the payment
  402  of books, tuition, and fees charged for a student’s
  403  participation in a dual enrollment program. The amount of the
  404  quarterly payment to the educational institution may not exceed:
  405         a. The amount of the state quarterly payment to the
  406  financial institution, less the financial institution’s fees.
  407         b. The full cost of books, tuition, and fees charged for
  408  the student’s participation in the dual enrollment program.
  409         5. Make timely quarterly payments directly to the selected
  410  college savings plan or the Stanley G. Tate Florida Prepaid
  411  College Program. The amount of such quarterly payment may not
  412  exceed the amount of the state quarterly payment to the
  413  financial institution, less the financial institution’s fees.
  414         6. Notify the department by February 1, July 1, September
  415  1, and December 1 of the students who have accounts with the
  416  institution under this section.
  417         (b) A participating financial institution must annually
  418  notify the Chief Financial Officer of its intent to continue
  419  participating in, or withdraw from, the program. The length of
  420  the contract with the financial institution shall not exceed 5
  421  years, and the financial institution must provide at least 365
  422  days’ notice to the Chief Financial Officer and to the parents
  423  of students having an account at the institution before it may
  424  withdraw from the program. The institution must also transfer
  425  each account to the successor financial institution selected by
  426  the Chief Financial Officer pursuant to paragraph (a).
  427         (10) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.—
  428         (a)1. The Commissioner of Education shall deny, suspend, or
  429  revoke the participation of a private school, private virtual
  430  school, private tutor, or private tutoring program in the
  431  program if the commissioner determines that the school, tutor,
  432  or tutoring program has failed to comply with this section or
  433  rules of the State Board of Education adopted under this
  434  section. However, if the noncompliance is correctable within a
  435  reasonable amount of time and the health, safety, or welfare of
  436  the students is not threatened, the commissioner may issue a
  437  notice of noncompliance that shall provide the school, tutor, or
  438  tutoring program with a timeframe within which to show evidence
  439  of compliance before action may be taken to suspend or revoke
  440  participation in the program.
  441         2. The commissioner may deny, suspend, or revoke a private
  442  school’s participation in the program if the commissioner
  443  determines that an owner or operator of the private school is
  444  operating or has operated an educational institution in this
  445  state or another state in a manner that is contrary to the
  446  health, safety, or welfare of the public. In making this
  447  determination, the commissioner may consider factors, including,
  448  but not limited to, acts or omissions by the owner or operator
  449  which led to a previous denial or revocation of participation in
  450  an education scholarship program or an education savings account
  451  program; an owner’s or operator’s failure to reimburse a
  452  student’s account for funds improperly received or retained by a
  453  school; imposition of a previous criminal or civil
  454  administrative sanction related to an owner’s or operator’s
  455  management or operation of an educational institution; or the
  456  existence of other types of criminal proceedings in which the
  457  owner or operator was found guilty of, regardless of
  458  adjudication, or entered a plea of nolo contendere or guilty to,
  459  any offense involving fraud, deceit, dishonesty, or moral
  460  turpitude.
  461         (b) The commissioner’s determination to deny, suspend, or
  462  revoke a private school’s participation in the program is
  463  subject to the following:
  464         1. The department must notify the private school of the
  465  proposed action in writing by certified mail and regular mail to
  466  the private school’s address of record with the department. The
  467  notice shall state the reasons for the proposed action and
  468  notice of the timelines and procedures set forth in this
  469  paragraph.
  470         2. The private school that is adversely affected by the
  471  proposed action has 15 days after receipt of the notice of
  472  proposed action to file with the clerk of the department a
  473  request for a proceeding pursuant to ss. 120.569 and 120.57. If
  474  the private school is entitled to a hearing under s. 120.57(1),
  475  the department shall forward the request to the Division of
  476  Administrative Hearings.
  477         3. Upon receipt of a request referred pursuant to this
  478  paragraph, the director of the Division of Administrative
  479  Hearings shall expedite the hearing and assign an administrative
  480  law judge who shall commence a hearing within 30 days after the
  481  receipt of the formal written request from the department and
  482  enter a recommended order within 30 days after the hearing or
  483  within 30 days after receipt of the hearing transcript,
  484  whichever is later. Each party may submit written exceptions to
  485  the recommended order within 10 days after the recommended order
  486  is entered. The department shall enter a final order within 30
  487  days after the entry of the recommended order. The provisions of
  488  this subparagraph may be waived upon stipulation by all parties.
  489         (c) The commissioner may order a participating financial
  490  institution to suspend payment of funds from accounts to a
  491  private school if the commissioner finds that probable cause of
  492  any of the following exists:
  493         1. An imminent threat to the health, safety, or welfare of
  494  a student.
  495         2. Fraudulent activity on the part of the private school.
  496  
  497  The commissioner’s order suspending payment pursuant to this
  498  paragraph may be appealed pursuant to the same procedures and
  499  timelines as the notice of proposed action set forth in
  500  paragraph (b).
  501         (11) AUTHORIZED RELEASE OF PERSONALLY IDENTIFIABLE
  502  INFORMATION.—Notwithstanding s. 1002.22, in incidents of alleged
  503  fraudulent activity relating to participation in the program,
  504  the Office of Inspector General of the department may release
  505  personally identifiable records or reports of students to the
  506  following persons or organizations:
  507         (a) A court of competent jurisdiction in compliance with an
  508  order of that court or the attorney of record in accordance with
  509  a lawfully issued subpoena, consistent with the Family
  510  Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
  511         (b) A person or entity authorized by a court of competent
  512  jurisdiction in compliance with an order of that court or the
  513  attorney of record in accordance with a lawfully issued
  514  subpoena, consistent with the Family Educational Rights and
  515  Privacy Act, 20 U.S.C. s. 1232g.
  516         (c) A person, entity, or authority issuing a subpoena for
  517  law enforcement purposes if the court or other issuing agency
  518  has ordered that the existence or the contents of the subpoena
  519  or the information furnished in response to the subpoena not be
  520  disclosed, consistent with the Family Educational Rights and
  521  Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
  522         (12) EDUCATION SAVINGS ACCOUNT AMOUNT.—The total amount of
  523  payments to a participating student’s account for a single
  524  school year shall be equal to a percentage of the base student
  525  allocation under the Florida Education Finance Program
  526  multiplied by the appropriate cost factor for the educational
  527  program that would have been provided for the student in the
  528  district school to which he or she was assigned, multiplied by
  529  the district cost differential plus the per-student share of
  530  instructional materials funds and other categorical funds as
  531  provided in the General Appropriations Act.
  532         (13) LEGISLATIVE BUDGET COMMISSION.—Each quarter, the
  533  Legislative Budget Commission may transfer to the Florida
  534  Education Finance Program any funds appropriated for the
  535  Education Savings Account Program in excess of amounts required
  536  to fully fund the accounts of all participating students.
  537         (14) ADMINISTRATION; RULES.—
  538         (a) The department and the Department of Financial Services
  539  shall develop a cooperative agreement to assist in the
  540  administration of this section.
  541         (b) The State Board of Education shall adopt rules
  542  necessary for the department and the Commissioner of Education
  543  to administer this section, including rules relating to the
  544  establishment of the enrollment period, enrollment forms, and
  545  reporting requirements for financial institutions and schools.
  546         (c) The Chief Financial Officer shall adopt rules necessary
  547  to administer this section, including rules relating to the
  548  eligibility and auditing of participating financial
  549  institutions.
  550         Section 2. Enrollment for the 2013-2014 school year.—
  551         (1) Notwithstanding s. 1002.385(7), Florida Statutes, the
  552  enrollment period to participate in the Education Savings
  553  Account Program for the 2013-2014 school year is July 1 through
  554  July 31, 2013. The number of students who may participate is
  555  limited to the number of participants specified in the General
  556  Appropriations Act.
  557         (2)(a) The State Board of Education may adopt emergency
  558  rules pursuant to ss. 120.536(1) and 120.54, Florida Statutes,
  559  to enable the Department of Education and the Commissioner of
  560  Education to implement this section.
  561         (b) The Chief Financial Officer may adopt emergency rules
  562  pursuant to ss. 120.536(1) and 120.54, Florida Statutes, to
  563  implement this section.
  564         Section 3. This act shall take effect upon becoming a law.