CS for SB 602                                    First Engrossed
    1                        A bill to be entitled                      
    2         An act relating to students with disabilities;
    3         amending s. 1002.385, F.S.; revising definitions
    4         applicable to the Florida Personal Learning
    5         Scholarship Accounts Program; revising scholarship
    6         application deadlines and guidelines; revising
    7         provisions to conform to the designation of eligible
    8         nonprofit scholarship-funding organizations; requiring
    9         authorized program funds to support the student’s
   10         educational needs; requiring the Florida Prepaid
   11         College Board to create certain procedures;
   12         authorizing part-time private tutoring services by
   13         persons meeting certain requirements; authorizing
   14         program funds to be spent for specified education
   15         programs and services; revising the conditions under
   16         which a student’s personal learning scholarship
   17         account must be closed; revising the responsibilities
   18         for school districts; revising requirements for a
   19         private school’s eligibility to participate in the
   20         program; revising responsibilities of the Department
   21         of Education and the Commissioner of Education with
   22         respect to program administration; revising
   23         responsibilities for parents and students to
   24         participate in the program; requiring a parent to
   25         affirm that program funds are used only for authorized
   26         purposes that serve the student’s educational needs;
   27         revising responsibilities of an organization
   28         pertaining to the administration of personal learning
   29         scholarship accounts; revising the wait list and
   30         priority of approving renewal and new applications;
   31         revising the notice requirement of an organization;
   32         authorizing accrued interest to be used for authorized
   33         expenditures; requiring accrued interest to be
   34         reverted as a part of reverted scholarship funds;
   35         revising taxable income requirements; removing
   36         obsolete audit requirements; requiring the Auditor
   37         General to provide a copy of each annual operational
   38         audit performed to the Commissioner of Education
   39         within a specified timeframe; requiring the department
   40         to provide an annual report to the Governor and the
   41         Legislature regarding the program; prescribing report
   42         requirements; providing for future repeal of
   43         provisions pertaining to an implementation schedule of
   44         notification and eligibility timelines; amending s.
   45         1002.395, F.S.; revising the use of eligible
   46         contributions by eligible nonprofit scholarship
   47         funding organizations; revising the surety bond
   48         requirements for nonprofit scholarship-funding
   49         organizations submitting initial and renewal
   50         scholarship program participation applications;
   51         amending s. 1009.971, F.S.; revising the powers and
   52         duties of the Florida Prepaid College Board to include
   53         specified rulemaking authority; amending ss. 1009.98
   54         and 1009.981, F.S.; authorizing a prepaid college plan
   55         or a college savings plan to be purchased, accounted
   56         for, used, and terminated under certain circumstances;
   57         specifying rulemaking requirements applicable to the
   58         department; providing an effective date.
   60  Be It Enacted by the Legislature of the State of Florida:
   62         Section 1. Section 1002.385, Florida Statutes, is amended
   63  to read:
   64         1002.385 Florida personal learning scholarship accounts.—
   65         (1) ESTABLISHMENT OF PROGRAM.—The Florida Personal Learning
   66  Scholarship Accounts Program is established to provide the
   67  option for a parent to better meet the individual educational
   68  needs of his or her eligible child.
   69         (2) DEFINITIONS.—As used in this section, the term:
   70         (a) “Approved provider” means a provider approved by the
   71  Agency for Persons with Disabilities, a health care practitioner
   72  as defined in s. 456.001(4), or a provider approved by the
   73  department pursuant to s. 1002.66. The term also includes
   74  providers outside this state which are subject to similar
   75  regulation or approval requirements.
   76         (b) “Curriculum” means a complete course of study for a
   77  particular content area or grade level, including any required
   78  supplemental materials.
   79         (c) “Department” means the Department of Education.
   80         (d) “Disability” means, for a 3- or 4-year-old child or for
   81  a student in kindergarten to grade 12, autism spectrum disorder,
   82  as defined in the Diagnostic and Statistical Manual of Mental
   83  Disorders, Fifth Edition, as defined in s. 393.063(3); cerebral
   84  palsy, as defined in s. 393.063(4); Down syndrome, as defined in
   85  s. 393.063(13); an intellectual disability, as defined in s.
   86  393.063(21); Prader-Willi syndrome, as defined in s.
   87  393.063(25); or spina bifida, as defined in s. 393.063(36); for
   88  a student in kindergarten, being a high-risk child, as defined
   89  in s. 393.063(20)(a); muscular dystrophy; and Williams syndrome.
   90         (e) “Eligible nonprofit scholarship-funding organization”
   91  or “organization” means a nonprofit scholarship-funding
   92  organization that is approved pursuant to s. 1002.395(2)(f). The
   93  organization must have a copy of its annual operational audit
   94  provided to the Commissioner of Education as required by this
   95  section has the same meaning as in s. 1002.395.
   96         (f) “Eligible postsecondary educational institution” means
   97  a Florida College System institution;, a state university;, a
   98  school district technical center;, a school district adult
   99  general education center; an independent college or university
  100  that is eligible to participate in the William L. Boyd, IV,
  101  Florida Resident Access Grant Program under s. 1009.89;, or an
  102  accredited independent nonpublic postsecondary educational
  103  institution, as defined in s. 1005.02, which is licensed to
  104  operate in the state pursuant to requirements specified in part
  105  III of chapter 1005.
  106         (g) “Eligible private school” means a private school, as
  107  defined in s. 1002.01, which is located in this state, which
  108  offers an education to students in any grade from kindergarten
  109  to grade 12, and which meets the requirements of:
  110         1. Sections 1002.42 and 1002.421; and
  111         2. A scholarship program under s. 1002.39 or s. 1002.395,
  112  as applicable, if the private school participates in a
  113  scholarship program under s. 1002.39 or s. 1002.395.
  114         (h) “IEP” means individual education plan.
  115         (i) “Parent” means a resident of this state who is a
  116  parent, as defined in s. 1000.21.
  117         (j) “Program” means the Florida Personal Learning
  118  Scholarship Accounts Program established in this section.
  119         (3) PROGRAM ELIGIBILITY.—A parent of a student with a
  120  disability may request and receive from the state a Florida
  121  personal learning scholarship account for the purposes specified
  122  in subsection (5) if:
  123         (a) The student:
  124         1. Is a resident of this state;
  125         2. Is or will be 3 or 4 years old on or before September 1
  126  of the year in which the student applies for program
  127  participation, or is eligible to enroll in kindergarten through
  128  grade 12 in a public school in this state;
  129         3. Has a disability as defined in paragraph (2)(d); and
  130         4. Is the subject of an IEP written in accordance with
  131  rules of the State Board of Education or has received a
  132  diagnosis of a disability as defined in subsection (2) from a
  133  physician who is licensed under chapter 458 or chapter 459 or a
  134  psychologist who is licensed under chapter 490 in this state.
  135         (b) Beginning January 2015, and each year thereafter, the
  136  following application deadlines and guidelines are met:
  137         1. The parent of a student seeking program renewal must
  138  submit a completed application to an organization for renewal by
  139  February 1 before the school year in which the student wishes to
  140  participate.
  141         2. The parent of a student seeking initial approval to
  142  participate in the program must submit a completed application
  143  to an organization by June 30 before the school year in which
  144  the student wishes to participate.
  145         3. The parent of a student seeking approval to participate
  146  in the program who does not comply with the requirements of
  147  subparagraph 1. or subparagraph 2. may late file a completed
  148  application by August 15 before the school year in which the
  149  student wishes to participate.
  150         4. A parent must submit final verification to the
  151  organization before the organization opens a personal learning
  152  scholarship account for the student. The final verification must
  153  consist of only the following items that apply to the student:
  154         a. A completed withdrawal form from the school district if
  155  the student was enrolled in a public school before the
  156  determination of program eligibility;
  157         b. A letter of admission or enrollment from an eligible
  158  private school for the school year in which the student wishes
  159  to participate;
  160         c. A copy of the notice of the parent’s intent to establish
  161  and maintain a home education program required by s.
  162  1002.41(1)(a), or a copy of the district school superintendent’s
  163  review of the annual educational evaluation of the student in a
  164  home education program required by s. 1002.41(2); or
  165         d. A copy of notification from a private school that the
  166  student has withdrawn from the John M. McKay Scholarships for
  167  Students with Disabilities Program or the Florida Tax Credit
  168  Scholarship Program.
  169         5. A parent’s completed application and final verification
  170  submitted pursuant to this paragraph the parent has applied to
  171  an eligible nonprofit scholarship-funding organization to
  172  participate in the program by February 1 before the school year
  173  in which the student will participate or an alternative date as
  174  set by the organization for any vacant, funded slots. The
  175  request must be communicated directly to the organization in a
  176  manner that creates a written or electronic record including of
  177  the request and the date of receipt of the request. The
  178  organization shall notify the district and the department of the
  179  parent’s intent upon receipt of the parent’s completed
  180  application and final verification request. The completed
  181  application must include, but is not limited to, an application;
  182  required documentation and forms; an initial or revised matrix
  183  of services, if requested; and any additional information or
  184  documentation required by the organization or by State Board of
  185  Education rule.
  186         (4) PROGRAM PROHIBITIONS.—
  187         (a) A student is not eligible for the program while he or
  188  she is:
  189         1. Enrolled in a public school, including, but not limited
  190  to, the Florida School for the Deaf and the Blind; the Florida
  191  Virtual School; the College-Preparatory Boarding Academy; a
  192  developmental research school authorized under s. 1002.32; a
  193  charter school authorized under s. 1002.33, s. 1002.331, or s.
  194  1002.332; or a virtual education program authorized under s.
  195  1002.45;
  196         2. Enrolled in the Voluntary Prekindergarten Education
  197  Program authorized under part V of this chapter;
  198         3. Enrolled in a school operating for the purpose of
  199  providing educational services to youth in the Department of
  200  Juvenile Justice commitment programs;
  201         4.3. Receiving a scholarship pursuant to the Florida Tax
  202  Credit Scholarship Program under s. 1002.395 or the John M.
  203  McKay Scholarships for Students with Disabilities Program under
  204  s. 1002.39; or
  205         5.4. Receiving any other educational scholarship pursuant
  206  to this chapter.
  208  For purposes of subparagraph 1., a 3- or 4-year-old child who
  209  receives services that are funded through the Florida Education
  210  Finance Program is considered to be a student enrolled in a
  211  public school.
  212         (b) A student is not eligible for the program if:
  213         1. The student or student’s parent has accepted any
  214  payment, refund, or rebate, in any manner, from a provider of
  215  any services received pursuant to subsection (5);
  216         2. The student’s participation in the program, or receipt
  217  or expenditure of program funds, has been denied or revoked by
  218  the commissioner of Education pursuant to subsection (10); or
  219         3. The student’s parent has forfeited participation in the
  220  program for failure to comply with requirements pursuant to
  221  subsection (11); or
  222         4. The student’s application for program eligibility has
  223  been denied by an organization.
  224         (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds may be
  225  spent if used to support the student’s educational needs, for
  226  the following purposes:
  227         (a) Instructional materials, including digital devices,
  228  digital periphery devices, and assistive technology devices that
  229  allow a student to access instruction or instructional content
  230  and training on the use of and maintenance agreements for these
  231  devices.
  232         (b) Curriculum as defined in paragraph (2)(b).
  233         (c) Specialized services by approved providers that are
  234  selected by the parent. These specialized services may include,
  235  but are not limited to:
  236         1. Applied behavior analysis services as provided in ss.
  237  627.6686 and 641.31098.
  238         2. Services provided by speech-language pathologists as
  239  defined in s. 468.1125.
  240         3. Occupational therapy services as defined in s. 468.203.
  241         4. Services provided by physical therapists as defined in
  242  s. 486.021.
  243         5. Services provided by listening and spoken language
  244  specialists and an appropriate acoustical environment for a
  245  child who is deaf or hard of hearing and who has received an
  246  implant or assistive hearing device.
  248  Specialized services outside this state are authorized under
  249  this paragraph if the services are subject to similar regulation
  250  or approval requirements.
  251         (d) Enrollment in, or tuition or fees associated with
  252  enrollment in, an eligible private school, an eligible
  253  postsecondary educational institution or a program offered by
  254  the institution, a private tutoring program authorized under s.
  255  1002.43, a virtual program offered by a department-approved
  256  private online provider that meets the provider qualifications
  257  specified in s. 1002.45(2)(a), the Florida Virtual School as a
  258  private paying student, or an approved online course offered
  259  pursuant to s. 1003.499 or s. 1004.0961.
  260         (e) Fees for nationally standardized, norm-referenced
  261  achievement tests, Advanced Placement Examinations, industry
  262  certification examinations, assessments related to postsecondary
  263  education, or other assessments.
  264         (f) Contributions to the Stanley G. Tate Florida Prepaid
  265  College Program pursuant to s. 1009.98 or the Florida College
  266  Savings Program pursuant to s. 1009.981, for the benefit of the
  267  eligible student. The Florida Prepaid College Board shall, by
  268  the dates specified in ss. 1009.98 and 1009.981, create and have
  269  effective procedures to allow program funds to be used in
  270  conjunction with other funds used by the parent in the purchase
  271  of a prepaid college plan or a college savings plan; require
  272  program funds to be tracked and accounted for separately from
  273  other funds contributed to a prepaid college plan or a college
  274  savings plan; require program funds and associated interest to
  275  be reverted as specified in this section; and require program
  276  funds to be used only after private payments have been used for
  277  prepaid college plan or college savings plan expenditures. The
  278  organization shall enter into a contract with the Florida
  279  Prepaid College Board to enable the board to establish
  280  mechanisms to implement this section, including, but not limited
  281  to, identifying the source of funds being deposited in these
  282  plans. A qualified or designated beneficiary may not be changed
  283  while these plans contain funds contributed from this section.
  284         (g) Contracted services provided by a public school or
  285  school district, including classes. A student who receives
  286  services under a contract under this paragraph is not considered
  287  enrolled in a public school for eligibility purposes as
  288  specified in subsection (4).
  289         (h) Tuition and fees for part-time tutoring services
  290  provided by a person who holds a valid Florida educator’s
  291  certificate pursuant to s. 1012.56; a person who holds an
  292  adjunct teaching certificate pursuant to s. 1012.57; or a person
  293  who has demonstrated a mastery of subject area knowledge
  294  pursuant to s. 1012.56(5). The term “part-time tutoring
  295  services” as used in this paragraph does not meet the definition
  296  of the term “regular school attendance” in s. 1003.01(13)(e).
  297         (i) Fees for specialized summer education programs.
  298         (j) Fees for specialized after-school education programs.
  299         (k) Transition services provided by job coaches.
  300         (l) Fees for an annual evaluation of educational progress
  301  by a state-certified teacher, if this option is chosen for a
  302  home education student pursuant to s. 1002.41(1)(c)1.
  304  A specialized service provider, eligible private school,
  305  eligible postsecondary educational institution, private tutoring
  306  program provider, online or virtual program provider, public
  307  school, school district, or other entity receiving payments
  308  pursuant to this subsection may not share, refund, or rebate any
  309  moneys from the Florida personal learning scholarship account
  310  with the parent or participating student in any manner.
  311         (6) TERM OF THE PROGRAM.—For purposes of continuity of
  312  educational choice and program integrity:,
  313         (a) The program payments made by the state to an
  314  organization for a personal learning scholarship account under
  315  this section shall continue remain in force until the parent
  316  does not renew program eligibility; the organization determines
  317  a student is not eligible for program renewal; the commissioner
  318  denies, suspends, or revokes program participation or use of
  319  funds; or a student enrolls in participating in the program
  320  participates in any of the prohibited activities specified in
  321  subsection (4), has funds revoked by the Commissioner of
  322  Education pursuant to subsection (10), returns to a public
  323  school or in the Voluntary Prekindergarten Education Program,
  324  graduates from high school, or attains 22 years of age,
  325  whichever occurs first. A participating student who enrolls in a
  326  public school or public school program is considered to have
  327  returned to a public school for the purpose of determining the
  328  end of the program’s term.
  329         (b) Program expenditures by the parent from the program
  330  account are authorized until a student’s personal learning
  331  scholarship account is closed pursuant to paragraph (c).
  332         (c) A student’s personal learning scholarship account shall
  333  be closed, and any remaining funds, including accrued interest
  334  or contributions made using program funds pursuant to paragraph
  335  (5)(f), shall revert to the state upon:
  336         1. The eligible student no longer being enrolled in an
  337  eligible postsecondary educational institution or a program
  338  offered by the institution;
  339         2. Denial or revocation of program eligibility by the
  340  commissioner;
  341         3. Denial of program application by an organization; or
  342         4. After any period of 4 consecutive years after high
  343  school completion or graduation in which the student is not
  344  enrolled in an eligible postsecondary educational institution or
  345  a program offered by the institution.
  347  The commissioner must notify the parent and organization of any
  348  reversion determination.
  350         (a)1. For a student with a disability who does not have a
  351  matrix of services under s. 1011.62(1)(e), or who wants a
  352  revised matrix of services, and for whom the parent requests a
  353  new or revised matrix of services, the school district must
  354  complete a matrix that assigns the student to one of the levels
  355  of service as they existed before the 2000-2001 school year.
  356         2.a. Within 10 calendar school days after a school district
  357  receives notification of a parent’s request for completion of a
  358  matrix of services, the school district must notify the
  359  student’s parent if the matrix of services has not been
  360  completed and inform the parent that the district is required to
  361  complete the matrix within 30 days after receiving notice of the
  362  parent’s request for the matrix of services. This notice must
  363  include the required completion date for the matrix.
  364         b. The school district shall complete the matrix of
  365  services for a student whose parent has made a request. The
  366  school district must provide the student’s parent, the
  367  organization, and the department with the student’s matrix level
  368  within 10 calendar school days after its completion.
  369         c. The department shall notify the parent and the eligible
  370  nonprofit scholarship-funding organization of the amount of the
  371  funds awarded within 10 days after receiving the school
  372  district’s notification of the student’s matrix level.
  373         d. A school district may change a matrix of services only
  374  if the change is to correct a technical, typographical, or
  375  calculation error, except that a parent may annually request a
  376  matrix reevaluation for each student participating in the
  377  program pursuant to paragraph (12)(h).
  378         (b) For each student participating in the program who
  379  chooses to participate in statewide, standardized assessments
  380  under s. 1008.22 or the Florida Alternate Assessment, the school
  381  district in which the student resides must notify the student
  382  and his or her parent about the locations and times to take all
  383  statewide, standardized assessments.
  384         (c) For each student participating in the program, a school
  385  district shall notify the parent about the availability of a
  386  reevaluation at least every 3 years.
  388  private school may be sectarian or nonsectarian and shall:
  389         (a) Comply with all requirements for private schools
  390  participating in state school choice scholarship programs
  391  pursuant to s. 1002.421. To participate in the program, a
  392  private school must submit to the department a notification for
  393  eligibility to participate in its application for the John M.
  394  McKay Scholarships for Students with Disabilities and Florida
  395  Tax Credit Scholarship programs identified in ss. 1002.39 and
  396  1002.395.
  397         (b) Provide to the department and eligible nonprofit
  398  scholarship-funding organization, upon request, all
  399  documentation required for the student’s participation,
  400  including the private school’s and student’s fee schedules.
  401         (c) Be academically accountable to the parent for meeting
  402  the educational needs of the student by:
  403         1. At a minimum, annually providing to the parent a written
  404  explanation of the student’s progress.
  405         2. Annually administering or making provision for students
  406  participating in the program in grades 3 through 10 to take one
  407  of the nationally norm-referenced tests identified by the State
  408  Board Department of Education or the statewide assessments
  409  pursuant to s. 1008.22. Students with disabilities for whom
  410  standardized testing is not appropriate are exempt from this
  411  requirement. A participating private school shall report a
  412  student’s scores to the parent.
  413         3. Cooperating with the scholarship student whose parent
  414  chooses to have the student participate in the statewide
  415  assessments pursuant to s. 1008.22 or, if a private school
  416  chooses to offer the statewide assessments, administering the
  417  assessments at the school.
  418         a. A participating private school may choose to offer and
  419  administer the statewide assessments to all students who attend
  420  the private school in grades 3 through 10.
  421         b. A participating private school shall submit a request in
  422  writing to the Department of Education by March 1 of each year
  423  in order to administer the statewide assessments in the
  424  subsequent school year.
  425         (d) Employ or contract with teachers who have regular and
  426  direct contact with each student receiving a scholarship under
  427  this section at the school’s physical location.
  428         (e) Annually contract with an independent certified public
  429  accountant to perform the agreed-upon procedures developed under
  430  s. 1002.395(6)(o) s. 1002.395(6)(n) and produce a report of the
  431  results if the private school receives more than $250,000 in
  432  funds from scholarships awarded under this section in the 2014
  433  2015 state fiscal year or a state fiscal year thereafter. A
  434  private school subject to this paragraph must submit the report
  435  by September 15, 2015, and annually thereafter to the
  436  scholarship-funding organization that awarded the majority of
  437  the school’s scholarship funds. The agreed-upon procedures must
  438  be conducted in accordance with attestation standards
  439  established by the American Institute of Certified Public
  440  Accountants.
  442  The inability of a private school to meet the requirements of
  443  this subsection constitutes a basis for the ineligibility of the
  444  private school to participate in the program as determined by
  445  the commissioner department.
  446         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
  447  shall:
  448         (a) Maintain a list of approved providers pursuant to s.
  449  1002.66, and eligible postsecondary educational institutions,
  450  eligible private schools, and organizations on its website. The
  451  department may identify or provide links to lists of other
  452  approved providers on its website.
  453         (b) Require each eligible nonprofit scholarship-funding
  454  organization to preapprove verify eligible expenditures to be
  455  before the distribution of funds for any expenditures made
  456  pursuant to paragraphs (5)(a) and (b). Review of expenditures
  457  made for services in paragraphs (5)(c)-(h) must (5)(c)-(g) may
  458  be completed after the purchase payment has been made.
  459         (c) Investigate any written complaint of a violation of
  460  this section by a parent, student, private school, public school
  461  or school district, organization, provider, or other appropriate
  462  party in accordance with the process established by s.
  463  1002.395(9)(f).
  464         (d) Require annually by December 1 quarterly reports by an
  465  eligible nonprofit scholarship-funding organization, which must
  466  include, but need not be limited to, regarding the number of
  467  students participating in the program, demographics of program
  468  participants; disability category; matrix level of services, if
  469  known; award amount per student; total expenditures for the
  470  categories in subsection (5); and the types of providers of
  471  services to students, and other information deemed necessary by
  472  the department.
  473         (e) Compare the list of students participating in the
  474  program with the public school student enrollment lists and the
  475  list of students participating in school choice scholarship
  476  programs established pursuant to this chapter, throughout the
  477  school year, before each program payment to avoid duplicate
  478  payments and confirm program eligibility.
  480         (a) The Commissioner of Education:
  481         1. Shall deny, suspend, or revoke a student’s participation
  482  in the program if the health, safety, or welfare of the student
  483  is threatened or fraud is suspected.
  484         2. Shall deny, suspend, or revoke an authorized use of
  485  program funds if the health, safety, or welfare of the student
  486  is threatened or fraud is suspected.
  487         3. May deny, suspend, or revoke an authorized use of
  488  program funds for material failure to comply with this section
  489  and applicable State Board of Education department rules if the
  490  noncompliance is correctable within a reasonable period of time.
  491  Otherwise, the commissioner shall deny, suspend, or revoke an
  492  authorized use for failure to materially comply with the law and
  493  rules adopted under this section.
  494         4. Shall require compliance by the appropriate party by a
  495  date certain for all nonmaterial failures to comply with this
  496  section and applicable State Board of Education department
  497  rules.
  498         5. Notwithstanding the other provisions of this section,
  499  the commissioner may deny, suspend, or revoke program
  500  participation or use of program funds by the student; or
  501  participation or eligibility of an organization, eligible
  502  private school, eligible postsecondary educational institution,
  503  approved provider, or other appropriate party for a violation of
  504  this section. The commissioner may determine the length of, and
  505  conditions for lifting, the suspension or revocation specified
  506  in this paragraph. The length of suspension or revocation may
  507  not exceed 5 years, except for instances of fraud, in which case
  508  the length of suspension or revocation may not exceed 10 years.
  509  The commissioner may employ mechanisms allowed by law to recover
  510  unexpended program funds or withhold payment of an equal amount
  511  of program funds to recover program funds that were not
  512  authorized for use under this section thereafter.
  513         6. Shall deny or terminate program participation upon a
  514  parent’s forfeiture of a personal learning scholarship account
  515  pursuant to subsection (11).
  516         (b) In determining whether to deny, suspend, or revoke, or
  517  lift a suspension or revocation, in accordance with this
  518  subsection, the commissioner may consider factors that include,
  519  but are not limited to, acts or omissions that by a
  520  participating entity which led to a previous denial, suspension,
  521  or revocation of participation in a state or federal program or
  522  an education scholarship program; failure to reimburse the
  523  eligible nonprofit scholarship-funding organization for program
  524  funds improperly received or retained by the entity; failure to
  525  reimburse government funds improperly received or retained;
  526  imposition of a prior criminal sanction related to the person or
  527  entity or its officers or employees; imposition of a civil fine
  528  or administrative fine, license revocation or suspension, or
  529  program eligibility suspension, termination, or revocation
  530  related to a person’s or an entity’s management or operation; or
  531  other types of criminal proceedings in which the person or the
  532  entity or its officers or employees were found guilty of,
  533  regardless of adjudication, or entered a plea of nolo contendere
  534  or guilty to, any offense involving fraud, deceit, dishonesty,
  535  or moral turpitude.
  537  PARTICIPATION.—A parent who applies for program participation
  538  under this section is exercising his or her parental option to
  539  determine the appropriate placement or the services that best
  540  meet the needs of his or her child. The scholarship award for a
  541  student is based on a matrix that assigns the student to support
  542  Level III services. If a parent chooses to request and receive
  543  an IEP and a matrix of services from the school district, the
  544  amount of the payment shall be adjusted as needed, when the
  545  school district completes the matrix.
  546         (a) To satisfy or maintain program eligibility, including,
  547  but not limited to, eligibility to receive program payments and
  548  expend program payments enroll an eligible student in the
  549  program, the parent must sign an agreement with the eligible
  550  nonprofit scholarship-funding organization and annually submit a
  551  notarized, sworn compliance statement to the organization to:
  552         1. Affirm that the student is enrolled in a program that
  553  meets regular school attendance requirements as provided in s.
  554  1003.01(13)(b)-(d).
  555         2. Affirm that Use the program funds are used only for
  556  authorized purposes serving the student’s educational needs, as
  557  described in subsection (5).
  558         3. Affirm that the student takes all appropriate
  559  standardized assessments as specified in this section.
  560         a. If the parent enrolls the child in an eligible private
  561  school, the student must take an assessment selected by the
  562  private school pursuant to s. 1002.395(7)(e) or, if requested by
  563  the parent, the statewide, standardized assessments pursuant to
  564  s. 1002.39(8)(c)2. and (9)(e).
  565         b. If the parent enrolls the child in a home education
  566  program, the parent may choose to participate in an assessment
  567  as part of the annual evaluation provided for in s.
  568  1002.41(1)(c).
  569         4. Notify the school district that the student is
  570  participating in the program Personal Learning Scholarship
  571  Accounts if the parent chooses to enroll in a home education
  572  program as provided in s. 1002.41.
  573         5. File a completed application for initial program
  574  participation with an organization Request participation in the
  575  program by the dates date established pursuant to this section
  576  by the eligible nonprofit scholarship-funding organization.
  577         6. Affirm that the student remains in good standing with
  578  the entities identified in paragraph (5)(d), paragraph (5)(g),
  579  or paragraph (5)(h) provider or school if those options are
  580  selected by the parent.
  581         7. Apply for admission of his or her child if the private
  582  school option is selected by the parent.
  583         8. Annually file a completed application to renew
  584  participation in the program if renewal is desired by the
  585  parent. Notwithstanding any changes to the student’s IEP, a
  586  student who was previously eligible for participation in the
  587  program shall remain eligible to apply for renewal as provided
  588  in subsection (6). However, in order for a high-risk child to
  589  continue to participate in the program in the school year after
  590  he or she reaches 6 years of age, the child’s completed
  591  application for renewal of program participation must contain
  592  documentation that the child has a disability defined in
  593  paragraph (2)(d) other than high-risk status.
  594         9. Affirm that the parent is prohibited from transferring
  595  and will not transfer any prepaid college plan or college
  596  savings plan funds contributed pursuant to paragraph (5)(f) to
  597  another beneficiary while the plan contains funds contributed
  598  pursuant to this section.
  599         10. Affirm that the parent will not take possession of any
  600  funding provided by the state for the program Florida Personal
  601  Learning Scholarship Accounts.
  602         11. Affirm that the parent will maintain a portfolio of
  603  records and materials which must be preserved by the parent for
  604  2 years and be made available for inspection by the
  605  organization, the department, or the district school
  606  superintendent or the superintendent’s designee upon 15 days’
  607  written notice. This paragraph does not require inspection of
  608  the superintendent to inspect the portfolio. The portfolio of
  609  records and materials must consist of:
  610         a. A log of educational instruction and services which is
  611  made contemporaneously with delivery of the instruction and
  612  services and which designates by title any reading materials
  613  used; and
  614         b. Samples of any writings, worksheets, workbooks, or
  615  creative materials used or developed by the student; and
  616         c. Other records, documents, or materials required by the
  617  organization or specified by the department in rule, to
  618  facilitate program implementation.
  619         (b) The parent is responsible for procuring the services
  620  necessary to educate the student. When the student receives a
  621  personal learning scholarship account, the district school board
  622  is not obligated to provide the student with a free appropriate
  623  public education. For purposes of s. 1003.57 and the Individuals
  624  with Disabilities in Education Act, a participating student has
  625  only those rights that apply to all other unilaterally
  626  parentally placed students, except that, when requested by the
  627  parent, school district personnel must develop an individual
  628  education plan or matrix level of services.
  629         (c) The parent is responsible for the payment of all
  630  eligible expenses in excess of the amount of the personal
  631  learning scholarship account in accordance with the terms agreed
  632  to between the parent and the providers.
  634  A parent who fails to comply with this subsection forfeits the
  635  personal learning scholarship account.
  637  ACCOUNTS.—An eligible nonprofit scholarship-funding organization
  638  participating in the Florida Tax Credit Scholarship Program
  639  established under s. 1002.395 may establish personal learning
  640  scholarship accounts for eligible students, in accordance with
  641  the deadlines established in this section, by:
  642         (a) Receiving completed applications and final verification
  643  and determining student eligibility in accordance with the
  644  requirements of this section. For initial program participation,
  645  preference must first be provided to students retained on a wait
  646  list created by the organization in the order that completed
  647  applications are approved The organization shall notify the
  648  department of the applicants for the program by March 1 before
  649  the school year in which the student intends to participate.
  650  When a completed an application and final verification are is
  651  received and approved, the scholarship funding organization must
  652  provide the department with information on the student to enable
  653  the department to report the student for funding in an amount
  654  determined in accordance with subsection (13).
  655         (b) Notifying parents of their receipt of a scholarship on
  656  a first-come, first-served basis, after approving the completed
  657  application and confirming receipt of the parent’s final
  658  verification, based upon the funds provided for this program in
  659  the General Appropriations Act.
  660         (c) Establishing a date pursuant to paragraph (3)(b) by
  661  which a parent must confirm initial or continuing participation
  662  in the program and confirm the establishment or continuance of a
  663  personal learning scholarship account.
  664         (d) Establishing a date and process pursuant to paragraph
  665  (3)(b) by which completed applications may be approved and
  666  students on the wait list or late-filing applicants may be
  667  allowed to participate in the program during the school year,
  668  within the amount of funds provided for this program in the
  669  General Appropriations Act. The process must allow timely filed
  670  completed applications to take precedence before late-filed
  671  completed applications for purposes of creating a wait list for
  672  participation in the program.
  673         (e) Establishing and maintaining separate accounts for each
  674  eligible student. For each account, the organization must
  675  maintain a record of interest accrued that is retained in the
  676  student’s account and available only for authorized program
  677  expenditures.
  678         (f) Verifying qualifying educational expenditures pursuant
  679  to the requirements of subsection (5) paragraph (8)(b).
  680         (g) Returning any remaining program unused funds pursuant
  681  to paragraph (6)(c) to the department when the student is no
  682  longer authorized to expend program funds. The organization may
  683  reimburse a parent for authorized program expenditures made
  684  during the fiscal year before funds are deposited in the
  685  student’s eligible for a personal scholarship learning account.
  686         (h) Annually notifying the parent about the availability of
  687  and the requirements associated with requesting an initial
  688  matrix or matrix reevaluation annually for each student
  689  participating in the program.
  690         (13) FUNDING AND PAYMENT.—
  691         (a)1. The maximum funding amount granted for an eligible
  692  student with a disability, pursuant to this section subsection
  693  (3), shall be equivalent to the base student allocation in the
  694  Florida Education Finance Program multiplied by the appropriate
  695  cost factor for the educational program which would have been
  696  provided for the student in the district school to which he or
  697  she would have been assigned, multiplied by the district cost
  698  differential.
  699         2. In addition, an amount equivalent to a share of the
  700  guaranteed allocation for exceptional students in the Florida
  701  Education Finance Program shall be determined and added to the
  702  amount in subparagraph 1. The calculation shall be based on the
  703  methodology and the data used to calculate the guaranteed
  704  allocation for exceptional students for each district in chapter
  705  2000-166, Laws of Florida. Except as provided in subparagraph
  706  3., the calculation shall be based on the student’s grade, the
  707  matrix level of services, and the difference between the 2000
  708  2001 basic program and the appropriate level of services cost
  709  factor, multiplied by the 2000-2001 base student allocation and
  710  the 2000-2001 district cost differential for the sending
  711  district. The calculated amount must also include an amount
  712  equivalent to the per-student share of supplemental academic
  713  instruction funds, instructional materials funds, technology
  714  funds, and other categorical funds as provided in the General
  715  Appropriations Act.
  716         3. Except as otherwise provided, the calculation for all
  717  students participating in the program shall be based on the
  718  matrix that assigns the student to support Level III of
  719  services. If a parent chooses to request and receive a matrix of
  720  services from the school district, when the school district
  721  completes the matrix, the amount of the payment shall be
  722  adjusted as needed.
  723         (b) The amount of the awarded funds shall be 90 percent of
  724  the calculated amount. One hundred percent of the funds
  725  appropriated for this program shall be released in the first
  726  quarter of each fiscal year. Accrued interest is in addition to,
  727  and not part of, the awarded funds. Program funds include both
  728  the awarded funds and the accrued interest.
  729         (c) Upon an eligible student’s graduation from an eligible
  730  postsecondary educational institution or after any period of 4
  731  consecutive years after high school graduation in which the
  732  student is not enrolled in an eligible postsecondary educational
  733  institution, the student’s personal learning scholarship account
  734  shall be closed, and any remaining funds shall revert to the
  735  state.
  736         (c)(d) The eligible nonprofit scholarship-funding
  737  organization shall develop a system for payment of benefits by
  738  electronic funds transfer, including, but not limited to, debit
  739  cards, electronic payment cards, or any other means of
  740  electronic payment that the department deems to be commercially
  741  viable or cost-effective. Commodities or services related to the
  742  development of such a system shall be procured by competitive
  743  solicitation unless they are purchased from a state term
  744  contract pursuant to s. 287.056.
  745         (d) An eligible nonprofit scholarship-funding organization
  746  may use up to 3 percent of the total amount of payments received
  747  during the state fiscal year for administrative expenses if the
  748  organization has operated as an nonprofit scholarship-funding
  749  organization for at least 3 fiscal years and did not have any
  750  findings of material weakness or material noncompliance in its
  751  most recent audit under s. 1002.395(6)(m). Such administrative
  752  expenses must be reasonable and necessary for the organization’s
  753  management and distribution of scholarships under this section.
  754  Funds authorized under this paragraph may not be used for
  755  lobbying or political activity or expenses related to lobbying
  756  or political activity. If an eligible nonprofit scholarship
  757  funding organization charges an application fee for a
  758  scholarship, the application fee must be immediately refunded to
  759  the person who paid the fee if the student is determined
  760  ineligible for the program or placed on a wait list. The
  761  administrative fee may not be deducted from any scholarship
  762  funds, but may be provided for in the General Appropriations
  763  Act. An application fee may not be deducted from any scholarship
  764  funds.
  765         (e) Moneys received pursuant to this section do not
  766  constitute taxable income to the student or parent of the
  767  qualified student.
  769         (a) The Auditor General shall conduct an annual financial
  770  and operational audit of accounts and records of each eligible
  771  scholarship-funding organization that participates in the
  772  program. As part of this audit, the Auditor General shall
  773  verify, at a minimum, the total amount of students served and
  774  eligibility of reimbursements made by each eligible nonprofit
  775  scholarship-funding organization and transmit that information
  776  to the department.
  777         (b) The Auditor General shall notify the department of any
  778  eligible nonprofit scholarship-funding organization that fails
  779  to comply with a request for information.
  780         (c) The Auditor General shall provide the Commissioner of
  781  Education with a copy of each annual operational audit performed
  782  pursuant to this subsection within 10 days after each audit is
  783  finalized.
  785  Department of Health, the Agency for Persons with Disabilities,
  786  and the Department of Education shall work with an eligible
  787  nonprofit scholarship-funding organization for easy or automated
  788  access to lists of licensed providers of services specified in
  789  paragraph (5)(c) to ensure efficient administration of the
  790  program.
  791         (16) LIABILITY.—The state is not liable for the award or
  792  any use of awarded funds under this section.
  793         (17) SCOPE OF AUTHORITY.—This section does not expand the
  794  regulatory authority of this state, its officers, or any school
  795  district to impose additional regulation on participating
  796  private schools, independent nonpublic postsecondary educational
  797  institutions, and private providers beyond those reasonably
  798  necessary to enforce requirements expressly set forth in this
  799  section.
  800         (18) REPORTS.—The department shall, by February 1 of each
  801  year, provide an annual report to the Governor, the President of
  802  the Senate, and the Speaker of the House of Representatives
  803  regarding the effectiveness of the Florida Personal Learning
  804  Scholarship Accounts Program. The report must address the scope
  805  and size of the program, with regard to participation and other
  806  related data, and analyze the effectiveness of the program
  807  pertaining to cost, education, and therapeutic services.
  808         (19)(18) RULES.—The State Board of Education shall adopt
  809  rules pursuant to ss. 120.536(1) and 120.54 to administer this
  810  section.
  811         (20)(19) IMPLEMENTATION SCHEDULE FOR THE 2014-2015 SCHOOL
  812  YEAR.—Notwithstanding the provisions of this section related to
  813  notification and eligibility timelines, an eligible nonprofit
  814  scholarship-funding organization may enroll parents on a rolling
  815  schedule on a first-come, first-served basis, within the amount
  816  of funds provided in the General Appropriations Act. This
  817  subsection is repealed July 1, 2015.
  818         Section 2. Paragraph (j) of subsection (6) and paragraphs
  819  (a) and (b) of subsection (16) of section 1002.395, Florida
  820  Statutes, are amended to read:
  821         1002.395 Florida Tax Credit Scholarship Program.—
  823  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
  824  organization:
  825         (j)1. May use up to 3 percent of eligible contributions
  826  received during the state fiscal year in which such
  827  contributions are collected for administrative expenses if the
  828  organization has operated as an eligible nonprofit scholarship
  829  funding organization under this section for at least 3 state
  830  fiscal years and did not have any negative financial findings of
  831  material weakness or material noncompliance in its most recent
  832  audit under paragraph (m). Such administrative expenses must be
  833  reasonable and necessary for the organization’s management and
  834  distribution of eligible contributions under this section. No
  835  funds authorized under this subparagraph shall be used for
  836  lobbying or political activity or expenses related to lobbying
  837  or political activity. Up to one-third of the funds authorized
  838  for administrative expenses under this subparagraph may be used
  839  for expenses related to the recruitment of contributions from
  840  taxpayers. If an eligible nonprofit scholarship-funding
  841  organization charges an application fee for a scholarship, the
  842  application fee must be immediately refunded to the person that
  843  paid the fee if the student is not enrolled in a participating
  844  school within 12 months.
  845         2. Must expend for annual or partial-year scholarships an
  846  amount equal to or greater than 75 percent of the net eligible
  847  contributions remaining after administrative expenses during the
  848  state fiscal year in which such contributions are collected. No
  849  more than 25 percent of such net eligible contributions may be
  850  carried forward to the following state fiscal year. All amounts
  851  carried forward, for audit purposes, must be specifically
  852  identified for particular students, by student name and the name
  853  of the school to which the student is admitted, subject to the
  854  requirements of ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g,
  855  and the applicable rules and regulations issued pursuant
  856  thereto. Any amounts carried forward shall be expended for
  857  annual or partial-year scholarships in the following state
  858  fiscal year. Net eligible contributions remaining on June 30 of
  859  each year that are in excess of the 25 percent that may be
  860  carried forward shall be returned to the State Treasury for
  861  deposit in the General Revenue Fund.
  862         3. Must, before granting a scholarship for an academic
  863  year, document each scholarship student’s eligibility for that
  864  academic year. A scholarship-funding organization may not grant
  865  multiyear scholarships in one approval process.
  867  Information and documentation provided to the Department of
  868  Education and the Auditor General relating to the identity of a
  869  taxpayer that provides an eligible contribution under this
  870  section shall remain confidential at all times in accordance
  871  with s. 213.053.
  873  APPLICATION.—In order to participate in the scholarship program
  874  created under this section, a charitable organization that seeks
  875  to be a nonprofit scholarship-funding organization must submit
  876  an application for initial approval or renewal to the Office of
  877  Independent Education and Parental Choice no later than
  878  September 1 of each year before the school year for which the
  879  organization intends to offer scholarships.
  880         (a) An application for initial approval must include:
  881         1. A copy of the organization’s incorporation documents and
  882  registration with the Division of Corporations of the Department
  883  of State.
  884         2. A copy of the organization’s Internal Revenue Service
  885  determination letter as a s. 501(c)(3) not-for-profit
  886  organization.
  887         3. A description of the organization’s financial plan that
  888  demonstrates sufficient funds to operate throughout the school
  889  year.
  890         4. A description of the geographic region that the
  891  organization intends to serve and an analysis of the demand and
  892  unmet need for eligible students in that area.
  893         5. The organization’s organizational chart.
  894         6. A description of the criteria and methodology that the
  895  organization will use to evaluate scholarship eligibility.
  896         7. A description of the application process, including
  897  deadlines and any associated fees.
  898         8. A description of the deadlines for attendance
  899  verification and scholarship payments.
  900         9. A copy of the organization’s policies on conflict of
  901  interest and whistleblowers.
  902         10. A copy of a surety bond or letter of credit in an
  903  amount equal to 25 percent of the scholarship funds anticipated
  904  for each school year or $100,000, whichever is greater,
  905  specifying that any claim against the bond or letter of credit
  906  may be made only by an eligible nonprofit scholarship-funding
  907  organization to provide scholarships to and on behalf of
  908  students who would have had scholarships funded but for the
  909  diversion of funds giving rise to the claim against the bond or
  910  letter of credit.
  911         (b) In addition to the information required by
  912  subparagraphs (a)1.-9., an application for renewal must include:
  913         1. A surety bond or letter of credit equal to the amount of
  914  undisbursed donations held by the organization based on the
  915  annual report submitted pursuant to paragraph (6)(m). The amount
  916  of the surety bond or letter of credit must be at least
  917  $100,000, but not more than $25 million, specifying that any
  918  claim against the bond or letter of credit may be made only by
  919  an eligible nonprofit scholarship-funding organization to
  920  provide scholarships to and on behalf of students who would have
  921  had scholarships funded but for the diversion of funds giving
  922  rise to the claim against the bond or letter of credit.
  923         2. The organization’s completed Internal Revenue Service
  924  Form 990 submitted no later than November 30 of the year before
  925  the school year that the organization intends to offer the
  926  scholarships, notwithstanding the September 1 application
  927  deadline.
  928         3. A copy of the statutorily required audit to the
  929  Department of Education and Auditor General.
  930         4. An annual report that includes:
  931         a. The number of students who completed applications, by
  932  county and by grade.
  933         b. The number of students who were approved for
  934  scholarships, by county and by grade.
  935         c. The number of students who received funding for
  936  scholarships within each funding category, by county and by
  937  grade.
  938         d. The amount of funds received, the amount of funds
  939  distributed in scholarships, and an accounting of remaining
  940  funds and the obligation of those funds.
  941         e. A detailed accounting of how the organization spent the
  942  administrative funds allowable under paragraph (6)(j).
  943         Section 3. Paragraph (z) is added to subsection (4) of
  944  section 1009.971, Florida Statutes, to read:
  945         1009.971 Florida Prepaid College Board.—
  947  board shall have the powers and duties necessary or proper to
  948  carry out the provisions of ss. 1009.97-1009.984, including, but
  949  not limited to, the power and duty to:
  950         (z) Adopt rules governing:
  951         1. The purchase and use of a prepaid college plan
  952  authorized under s. 1009.98 or a college savings plan authorized
  953  under s. 1009.981 for the Florida Personal Learning Scholarship
  954  Accounts Program pursuant to ss. 1002.385, 1009.98, and
  955  1009.981.
  956         2. The use of a prepaid college plan authorized under s.
  957  1009.98 or a college savings plan authorized under s. 1009.981
  958  for postsecondary education programs for students with
  959  disabilities.
  960         Section 4. Subsection (11) is added to section 1009.98,
  961  Florida Statutes, to read:
  962         1009.98 Stanley G. Tate Florida Prepaid College Program.—
  964         (a) Notwithstanding any other provision in this section, a
  965  prepaid college plan may be purchased, accounted for, used, and
  966  terminated as provided in s. 1002.385. By September 1, 2015, the
  967  board shall develop procedures, contracts, and any other
  968  required forms or documentation necessary to fully implement
  969  this subsection. The board shall enter into a contract with an
  970  organization pursuant to s. 1002.385 to enable the board to
  971  establish mechanisms to implement this subsection, including,
  972  but not limited to, identifying the source of funds being
  973  deposited into a prepaid college plan. A qualified beneficiary
  974  may not be changed while a prepaid college plan contains funds
  975  contributed from s. 1002.385.
  976         (b) A qualified beneficiary may apply the benefits of an
  977  advance payment contract toward the program fees of a program
  978  designed for students with disabilities conducted by a state
  979  postsecondary institution. A transfer authorized under this
  980  subsection may not exceed the redemption value of the advance
  981  payment contract at a state postsecondary institution or the
  982  number of semester credit hours contracted on behalf of a
  983  qualified beneficiary.
  984         Section 5. Subsection (10) is added to section 1009.981,
  985  Florida Statutes, to read:
  986         1009.981 Florida College Savings Program.—
  988         (a) Notwithstanding any other provision in this section, a
  989  college savings plan may be purchased, accounted for, used, and
  990  terminated as provided in s. 1002.385. By September 1, 2015, the
  991  board shall develop procedures, contracts, and any other
  992  required forms or documentation necessary to fully implement
  993  this subsection. The board shall enter into a contract with an
  994  organization pursuant to s. 1002.385 to enable the board to
  995  establish mechanisms to implement this subsection, including,
  996  but not limited to, identifying the source of funds being
  997  deposited into a college savings plan. A designated beneficiary
  998  may not be changed while a college savings plan contains funds
  999  contributed from s. 1002.385.
 1000         (b) A designated beneficiary may apply the benefits of a
 1001  participation agreement toward the program fees of a program
 1002  designed for students with disabilities conducted by a state
 1003  postsecondary institution.
 1004         Section 6. The Department of Education shall adopt rules to
 1005  implement s. 1002.385, Florida Statutes.
 1006         (1)Such rules must be effective by August 1, 2015, and
 1007  must include, but need not be limited to:
 1008         (a)Establishing procedures concerning the student,
 1009  organization, eligible private school, eligible postsecondary
 1010  educational institution, or other appropriate party to
 1011  participate in the program, including approval, suspension, and
 1012  termination of eligibility;
 1013         (b)Establishing uniform forms for use by organizations for
 1014  parents and students;
 1015         (c)Approving providers pertaining to the Florida K-20
 1016  Education Code;
 1017         (d)Incorporating program participation in existing private
 1018  school scholarship program applications, including, but not
 1019  limited to, ensuring that the process for obtaining eligibility
 1020  under s. 1002.385, Florida Statutes, is as administratively
 1021  convenient as possible for a private school;
 1022         (e)Establishing a matrix of services calculations and
 1023  timelines, so that the initial and revised matrix is completed
 1024  by a school district in time to be included in the completed
 1025  application;
 1026         (f)Establishing a deadline for an organization to provide
 1027  annual notice of the ability for a parent to request an initial
 1028  or revised matrix of services, which must enable the initial or
 1029  revised matrix to be included in the completed application;
 1030         (g)Establishing additional records, documents, or
 1031  materials a parent must collect and retain in the student’s
 1032  portfolio;
 1033         (h)Establishing preliminary timelines and procedures that
 1034  enable a parent to submit a completed application to the
 1035  organization, and for the organization to review and approve the
 1036  completed application; and
 1037         (i)Defining terms, including, but not limited to, the
 1038  terms “participating student, new student, eligible
 1039  student, award letter, program funds, associated
 1040  interest, program payments, program expenditures, initial
 1041  program participation, program renewal, wait list,” “timely
 1042  filed application,” and “late-filed application.
 1043         (2)Such rules should maximize flexibility and ease of
 1044  program use for the parent and student.
 1045         Section 7. This act shall take effect upon becoming a law.