Florida Senate - 2018              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 732
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Pre-K - 12 Education)
    1                        A bill to be entitled                      
    2         An act relating to K-12 education; amending s.
    3         1002.41, F.S.; specifying that a home education
    4         program is not a school district program and is
    5         registered with the district school superintendent
    6         only for the purpose of complying with the state’s
    7         attendance requirements; revising the content
    8         requirements of a notice of enrollment of a student in
    9         a home education program; requiring the district
   10         school superintendent to immediately register a home
   11         education program upon receipt of the notice;
   12         prohibiting a school district from requiring
   13         additional information or verification of a home
   14         education student except in specified circumstances;
   15         authorizing a school district to provide home
   16         education program students with access to certain
   17         courses and programs offered by the school district;
   18         requiring reporting and funding through the Florida
   19         Education Finance Program; requiring home education
   20         program students be provided access to certain
   21         certifications and assessments offered by the school
   22         district; prohibiting a school district from taking
   23         certain actions against a home education program
   24         student’s parent unless such action is necessary for a
   25         school district program; amending s. 1003.21, F.S.;
   26         prohibiting a district school superintendent from
   27         requiring certain evidence relating to a child’s age
   28         from children enrolled in specified schools and
   29         programs; amending s. 1003.26, F.S.; revising
   30         reporting requirements for specified issues relating
   31         to compulsory school attendance; amending s. 1003.27,
   32         F.S.; requiring a school and school district to comply
   33         with specified provisions before instituting criminal
   34         prosecution against certain parents relating to
   35         compulsory school attendance; amending s. 1006.15,
   36         F.S.; revising the standards required for a home
   37         education student to participate in extracurricular
   38         activities; amending s. 1007.271, F.S.; prohibiting
   39         the dual enrollment articulation agreement from
   40         including course enrollment limitations for certain
   41         students; prohibiting dual enrollment course and
   42         program limitations for home education students from
   43         exceeding limitations for other students; providing an
   44         exemption from the grade point average requirement for
   45         initial enrollment in a dual enrollment program for
   46         certain home education students; amending s. 1007.35,
   47         F.S.; updating terminology; requiring the Department
   48         of Education to provide certain teacher and student
   49         ACT and PreACT information for the evaluation of
   50         certain services and activities; amending s. 1002.385,
   51         F.S.; conforming cross-references; providing an
   52         effective date.
   54  Be It Enacted by the Legislature of the State of Florida:
   56         Section 1. Subsections (1) and (2) of section 1002.41,
   57  Florida Statutes, are amended, and subsections (11), (12), and
   58  (13) are added to that section, to read:
   59         1002.41 Home education programs.—
   60         (1) As used in this section, the term A “home education
   61  program” has the same meaning as is defined in s. 1002.01. A
   62  home education program is not a school district program and is
   63  registered with the district school superintendent only for the
   64  purpose of complying with the state’s attendance requirements
   65  under s. 1003.21(1). The parent is not required to hold a valid
   66  regular Florida teaching certificate.
   67         (a) The parent, as defined in s. 1000.21, who establishes
   68  and maintains a home education program shall notify the district
   69  school superintendent of the county in which the parent resides
   70  of her or his intent to establish and maintain a home education
   71  program. The notice must shall be in writing, signed by the
   72  parent, and shall include the full legal names, addresses, and
   73  birthdates of all children who shall be enrolled as students in
   74  the home education program. The notice must shall be filed in
   75  the district school superintendent’s office within 30 days of
   76  the establishment of the home education program.
   77         (b)The district school superintendent shall accept the
   78  notice and immediately register the home education program upon
   79  receipt of the notice. The district may not require any
   80  additional information or verification from the parent unless
   81  the student chooses to participate in a school district program
   82  or service. The district school superintendent may not assign a
   83  grade level to the home education student or include a social
   84  security number or any other personal information of the student
   85  in any school district or state database unless the student
   86  chooses to participate in a school district program or service;
   87  and
   88         (c) The parent shall file a written notice of termination
   89  upon completion of the home education program with shall be
   90  filed in the district school superintendent, along with the
   91  annual evaluation required in paragraph (f), within
   92  superintendent’s office within 30 days of after said
   93  termination.
   94         (d)(b) The parent shall maintain a portfolio of records and
   95  materials. The portfolio must shall consist of the following:
   96         1. A log of educational activities that is made
   97  contemporaneously with the instruction and that designates by
   98  title any reading materials used.
   99         2. Samples of any writings, worksheets, workbooks, or
  100  creative materials used or developed by the student.
  101         (e) The parent shall determine the content of the
  102  portfolio, preserve it shall be preserved by the parent for 2
  103  years, and make it shall be made available for inspection, if
  104  requested, by the district school superintendent, or the
  105  district school superintendent’s agent, upon 15 days’ written
  106  notice. Nothing in this section shall require the district
  107  school superintendent to inspect the portfolio.
  108         (f)(c) The parent shall provide for an annual educational
  109  evaluation in which is documented the student’s demonstration of
  110  educational progress at a level commensurate with her or his
  111  ability. The parent shall select the method of evaluation and
  112  shall file a copy of the evaluation annually with the district
  113  school superintendent’s office in the county in which the
  114  student resides. The annual educational evaluation shall consist
  115  of one of the following:
  116         1. A teacher selected by the parent shall evaluate the
  117  student’s educational progress upon review of the portfolio and
  118  discussion with the student. Such teacher shall hold a valid
  119  regular Florida certificate to teach academic subjects at the
  120  elementary or secondary level;
  121         2. The student shall take any nationally normed student
  122  achievement test administered by a certified teacher;
  123         3. The student shall take a state student assessment test
  124  used by the school district and administered by a certified
  125  teacher, at a location and under testing conditions approved by
  126  the school district;
  127         4. The student shall be evaluated by an individual holding
  128  a valid, active license pursuant to the provisions of s.
  129  490.003(7) or (8); or
  130         5. The student shall be evaluated with any other valid
  131  measurement tool as mutually agreed upon by the district school
  132  superintendent of the district in which the student resides and
  133  the student’s parent.
  134         (2) The district school superintendent shall review and
  135  accept the results of the annual educational evaluation of the
  136  student in a home education program. If the student does not
  137  demonstrate educational progress at a level commensurate with
  138  her or his ability, the district school superintendent shall
  139  notify the parent, in writing, that such progress has not been
  140  achieved. The parent shall have 1 year from the date of receipt
  141  of the written notification to provide remedial instruction to
  142  the student. At the end of the 1-year probationary period, the
  143  student shall be reevaluated as specified in paragraph (1)(f)
  144  (1)(c). Continuation in a home education program shall be
  145  contingent upon the student demonstrating educational progress
  146  commensurate with her or his ability at the end of the
  147  probationary period.
  148         (11) A school district may provide access to career and
  149  technical courses and programs for a home education program
  150  student who enrolls in a public school solely for the career and
  151  technical courses or programs. The school district that provides
  152  the career and technical courses and programs shall report each
  153  student as a full-time equivalent student in the class and in a
  154  manner prescribed by the department, and funding shall be
  155  provided through the Florida Education Finance Program pursuant
  156  to s. 1011.62.
  157         (12) Industry certifications, national assessments, and
  158  statewide, standardized assessments offered by the school
  159  district shall be available to home education program students.
  160  Each school district shall notify home education program
  161  students of the available certifications and assessments; the
  162  date, time, and locations for the administration of each
  163  certification and assessment; and the deadline for notifying the
  164  school district of the student’s intent to participate and the
  165  student’s preferred location.
  166         (13) A school district may not further regulate, exercise
  167  control over, or require documentation from parents of home
  168  education program students beyond the requirements of this
  169  section unless the regulation, control, or documentation is
  170  necessary for participation in a school district program.
  171         Section 2. Subsection (4) of section 1003.21, Florida
  172  Statutes, is amended to read:
  173         1003.21 School attendance.—
  174         (4) Before admitting a child to kindergarten, the principal
  175  shall require evidence that the child has attained the age at
  176  which he or she should be admitted in accordance with the
  177  provisions of subparagraph (1)(a)2. The district school
  178  superintendent may require evidence of the age of any child who
  179  is being enrolled in public school who the district school
  180  superintendent whom he or she believes to be within the limits
  181  of compulsory attendance as provided for by law; however, the
  182  district school superintendent may not require evidence from any
  183  child who meets regular attendance requirements by attending a
  184  school or program listed in s. 1003.01(13)(b)-(e). If the first
  185  prescribed evidence is not available, the next evidence
  186  obtainable in the order set forth below shall be accepted:
  187         (a) A duly attested transcript of the child’s birth record
  188  filed according to law with a public officer charged with the
  189  duty of recording births;
  190         (b) A duly attested transcript of a certificate of baptism
  191  showing the date of birth and place of baptism of the child,
  192  accompanied by an affidavit sworn to by the parent;
  193         (c) An insurance policy on the child’s life that has been
  194  in force for at least 2 years;
  195         (d) A bona fide contemporary religious record of the
  196  child’s birth accompanied by an affidavit sworn to by the
  197  parent;
  198         (e) A passport or certificate of arrival in the United
  199  States showing the age of the child;
  200         (f) A transcript of record of age shown in the child’s
  201  school record of at least 4 years prior to application, stating
  202  date of birth; or
  203         (g) If none of these evidences can be produced, an
  204  affidavit of age sworn to by the parent, accompanied by a
  205  certificate of age signed by a public health officer or by a
  206  public school physician, or, if these are not available in the
  207  county, by a licensed practicing physician designated by the
  208  district school board, which states that the health officer or
  209  physician has examined the child and believes that the age as
  210  stated in the affidavit is substantially correct. Children and
  211  youths who are experiencing homelessness and children who are
  212  known to the department, as defined in s. 39.0016, shall be
  213  given temporary exemption from this section for 30 school days.
  214         Section 3. Paragraph (f) of subsection (1) and paragraph
  215  (a) of subsection (2) of section 1003.26, Florida Statutes, are
  216  amended to read:
  217         1003.26 Enforcement of school attendance.—The Legislature
  218  finds that poor academic performance is associated with
  219  nonattendance and that school districts must take an active role
  220  in promoting and enforcing attendance as a means of improving
  221  student performance. It is the policy of the state that each
  222  district school superintendent be responsible for enforcing
  223  school attendance of all students subject to the compulsory
  224  school age in the school district and supporting enforcement of
  225  school attendance by local law enforcement agencies. The
  226  responsibility includes recommending policies and procedures to
  227  the district school board that require public schools to respond
  228  in a timely manner to every unexcused absence, and every absence
  229  for which the reason is unknown, of students enrolled in the
  230  schools. District school board policies shall require the parent
  231  of a student to justify each absence of the student, and that
  232  justification will be evaluated based on adopted district school
  233  board policies that define excused and unexcused absences. The
  234  policies must provide that public schools track excused and
  235  unexcused absences and contact the home in the case of an
  236  unexcused absence from school, or an absence from school for
  237  which the reason is unknown, to prevent the development of
  238  patterns of nonattendance. The Legislature finds that early
  239  intervention in school attendance is the most effective way of
  240  producing good attendance habits that will lead to improved
  241  student learning and achievement. Each public school shall
  242  implement the following steps to promote and enforce regular
  243  school attendance:
  244         (1) CONTACT, REFER, AND ENFORCE.—
  245         (f)1. If the parent of a child who has been identified as
  246  exhibiting a pattern of nonattendance enrolls the child in a
  247  home education program pursuant to chapter 1002, the district
  248  school superintendent shall provide the parent a copy of s.
  249  1002.41 and the accountability requirements of this paragraph.
  250  The district school superintendent shall also refer the parent
  251  to a home education review committee composed of the district
  252  contact for home education programs and at least two home
  253  educators selected by the parent from a district list of all
  254  home educators who have conducted a home education program for
  255  at least 3 years and who have indicated a willingness to serve
  256  on the committee. The home education review committee shall
  257  review the portfolio of the student, as defined by s. 1002.41,
  258  every 30 days during the district’s regular school terms until
  259  the committee is satisfied that the home education program is in
  260  compliance with s. 1002.41(1)(d) s. 1002.41(1)(b). The first
  261  portfolio review must occur within the first 30 calendar days of
  262  the establishment of the program. The provisions of subparagraph
  263  2. do not apply once the committee determines the home education
  264  program is in compliance with s. 1002.41(1)(d) s. 1002.41(1)(b).
  265         2. If the parent fails to provide a portfolio to the
  266  committee, the committee shall notify the district school
  267  superintendent. The district school superintendent shall then
  268  terminate the home education program and require the parent to
  269  enroll the child in an attendance option that meets the
  270  definition of “regular school attendance” under s.
  271  1003.01(13)(a), (b), (c), or (e), within 3 days. Upon
  272  termination of a home education program pursuant to this
  273  subparagraph, the parent shall not be eligible to reenroll the
  274  child in a home education program for 180 calendar days. Failure
  275  of a parent to enroll the child in an attendance option as
  276  required by this subparagraph after termination of the home
  277  education program pursuant to this subparagraph shall constitute
  278  noncompliance with the compulsory attendance requirements of s.
  279  1003.21 and may result in criminal prosecution under s.
  280  1003.27(2). Nothing contained herein shall restrict the ability
  281  of the district school superintendent, or the ability of his or
  282  her designee, to review the portfolio pursuant to s.
  283  1002.41(1)(e) s. 1002.41(1)(b).
  284         (2) GIVE WRITTEN NOTICE.—
  285         (a) Under the direction of the district school
  286  superintendent, a designated school representative shall give
  287  written notice that requires enrollment or attendance within 3
  288  days after the date of notice, in person or by return-receipt
  289  mail, to the parent when no valid reason is found for a
  290  student’s nonenrollment in school. If the notice and requirement
  291  are ignored, the designated school representative shall report
  292  the case to the district school superintendent, who and may
  293  refer the case to the child study team in paragraph (1)(b) at
  294  the school the student would be assigned according to district
  295  school board attendance area policies or to the case staffing
  296  committee, established pursuant to s. 984.12. The child study
  297  team shall diligently facilitate intervention services and shall
  298  report the case back to the district school superintendent only
  299  when all reasonable efforts to resolve the nonenrollment
  300  behavior are exhausted. If the parent still refuses to cooperate
  301  or enroll the child in school, the district school
  302  superintendent shall take such steps as are necessary to bring
  303  criminal prosecution against the parent.
  304         Section 4. Subsection (2) of section 1003.27, Florida
  305  Statutes, is amended to read:
  306         1003.27 Court procedure and penalties.—The court procedure
  307  and penalties for the enforcement of the provisions of this
  308  part, relating to compulsory school attendance, shall be as
  309  follows:
  311         (a) In each case of nonenrollment or of nonattendance upon
  312  the part of a student who is required to attend some school,
  313  when no valid reason for such nonenrollment or nonattendance is
  314  found, the district school superintendent shall institute a
  315  criminal prosecution against the student’s parent. However,
  316  criminal prosecution may not be instituted against the student’s
  317  parent until the school and school district have complied with
  318  s. 1003.26.
  319         (b) Each public school principal or the principal’s
  320  designee shall notify the district school board of each minor
  321  student under its jurisdiction who accumulates 15 unexcused
  322  absences in a period of 90 calendar days. Each designee of the
  323  governing body of each private school, and each parent whose
  324  child is enrolled in a home education program, may provide the
  325  Department of Highway Safety and Motor Vehicles with the legal
  326  name, sex, date of birth, and social security number of each
  327  minor student under his or her jurisdiction who fails to satisfy
  328  relevant attendance requirements and who fails to otherwise
  329  satisfy the requirements of s. 322.091. The district school
  330  superintendent must provide the Department of Highway Safety and
  331  Motor Vehicles the legal name, sex, date of birth, and social
  332  security number of each minor student who has been reported
  333  under this paragraph and who fails to otherwise satisfy the
  334  requirements of s. 322.091. The Department of Highway Safety and
  335  Motor Vehicles may not issue a driver license or learner’s
  336  driver license to, and shall suspend any previously issued
  337  driver license or learner’s driver license of, any such minor
  338  student, pursuant to the provisions of s. 322.091.
  339         (c) Each designee of the governing body of each private
  340  school and each parent whose child is enrolled in a home
  341  education program may provide the Department of Highway Safety
  342  and Motor Vehicles with the legal name, sex, date of birth, and
  343  social security number of each minor student under his or her
  344  jurisdiction who fails to satisfy relevant attendance
  345  requirements and who fails to otherwise satisfy the requirements
  346  of s. 322.091. The Department of Highway Safety and Motor
  347  Vehicles may not issue a driver license or learner’s driver
  348  license to, and shall suspend any previously issued driver
  349  license or learner’s driver license of, any such minor student,
  350  pursuant to s. 322.091.
  351         Section 5. Paragraph (c) of subsection (3) of section
  352  1006.15, Florida Statutes, is amended to read:
  353         1006.15 Student standards for participation in
  354  interscholastic and intrascholastic extracurricular student
  355  activities; regulation.—
  356         (3)
  357         (c) An individual home education student is eligible to
  358  participate at the public school to which the student would be
  359  assigned according to district school board attendance area
  360  policies or which the student could choose to attend pursuant to
  361  s. 1002.31, or may develop an agreement to participate at a
  362  private school, in the interscholastic extracurricular
  363  activities of that school, provided the following conditions are
  364  met:
  365         1. The home education student must meet the requirements of
  366  the home education program pursuant to s. 1002.41.
  367         2. During the period of participation at a school, the home
  368  education student must demonstrate educational progress as
  369  required in paragraph (b) in all subjects taken in the home
  370  education program by a method of evaluation agreed upon by the
  371  parent and the school principal which may include: review of the
  372  student’s work by a certified teacher chosen by the parent;
  373  grades earned through correspondence; grades earned in courses
  374  taken at a Florida College System institution, university, or
  375  trade school; standardized test scores above the 35th
  376  percentile; or any other method designated in s. 1002.41.
  377         3. The home education student must meet the same residency
  378  requirements as other students in the school at which he or she
  379  participates.
  380         4. The home education student must meet the same standards
  381  of acceptance, behavior, and performance as required of other
  382  students in extracurricular activities.
  383         5. The student must register with the school his or her
  384  intent to participate in interscholastic extracurricular
  385  activities as a representative of the school before
  386  participation the beginning date of the season for the activity
  387  in which he or she wishes to participate. A home education
  388  student must be able to participate in curricular activities if
  389  that is a requirement for an extracurricular activity.
  390         6. A student who transfers from a home education program to
  391  a public school before or during the first grading period of the
  392  school year is academically eligible to participate in
  393  interscholastic extracurricular activities during the first
  394  grading period provided the student has a successful evaluation
  395  from the previous school year, pursuant to subparagraph 2.
  396         7. Any public school or private school student who has been
  397  unable to maintain academic eligibility for participation in
  398  interscholastic extracurricular activities is ineligible to
  399  participate in such activities as a home education student until
  400  the student has successfully completed one grading period in
  401  home education pursuant to subparagraph 2. to become eligible to
  402  participate as a home education student.
  403         Section 6. Subsection (3) and paragraph (b) of subsection
  404  (13) of section 1007.271, Florida Statutes, are amended to read:
  405         1007.271 Dual enrollment programs.—
  406         (3) Student eligibility requirements for initial enrollment
  407  in college credit dual enrollment courses must include a 3.0
  408  unweighted high school grade point average and the minimum score
  409  on a common placement test adopted by the State Board of
  410  Education which indicates that the student is ready for college
  411  level coursework. Student eligibility requirements for continued
  412  enrollment in college credit dual enrollment courses must
  413  include the maintenance of a 3.0 unweighted high school grade
  414  point average and the minimum postsecondary grade point average
  415  established by the postsecondary institution. Regardless of
  416  meeting student eligibility requirements for continued
  417  enrollment, a student may lose the opportunity to participate in
  418  a dual enrollment course if the student is disruptive to the
  419  learning process such that the progress of other students or the
  420  efficient administration of the course is hindered. Student
  421  eligibility requirements for initial and continued enrollment in
  422  career certificate dual enrollment courses must include a 2.0
  423  unweighted high school grade point average. Exceptions to the
  424  required grade point averages may be granted on an individual
  425  student basis if the educational entities agree and the terms of
  426  the agreement are contained within the dual enrollment
  427  articulation agreement established pursuant to subsection (21).
  428  Florida College System institution boards of trustees may
  429  establish additional initial student eligibility requirements,
  430  which shall be included in the dual enrollment articulation
  431  agreement, to ensure student readiness for postsecondary
  432  instruction. Additional requirements included in the agreement
  433  may not arbitrarily prohibit students who have demonstrated the
  434  ability to master advanced courses from participating in dual
  435  enrollment courses or limit the number of dual enrollment
  436  courses in which a student may enroll based solely upon
  437  enrollment by the student at an independent postsecondary
  438  institution.
  439         (13)
  440         (b) Each postsecondary institution eligible to participate
  441  in the dual enrollment program pursuant to s. 1011.62(1)(i) must
  442  enter into a home education articulation agreement with each
  443  home education student seeking enrollment in a dual enrollment
  444  course and the student’s parent. By August 1 of each year, the
  445  eligible postsecondary institution shall complete and submit the
  446  home education articulation agreement to the Department of
  447  Education. The home education articulation agreement must
  448  include, at a minimum:
  449         1. A delineation of courses and programs available to
  450  dually enrolled home education students. Courses and programs
  451  may be added, revised, or deleted at any time by the
  452  postsecondary institution. Any course or program limitations may
  453  not exceed the limitations for other dually enrolled students.
  454         2. The initial and continued eligibility requirements for
  455  home education student participation, not to exceed those
  456  required of other dually enrolled students. A high school grade
  457  point average may not be required for home education students
  458  who meet the minimum score on a common placement test adopted by
  459  the State Board of Education which indicates that the student is
  460  ready for college-level coursework; however, home education
  461  student eligibility requirements for continued enrollment in
  462  dual enrollment courses must include the maintenance of the
  463  minimum postsecondary grade point average established by the
  464  postsecondary institution.
  465         3. The student’s responsibilities for providing his or her
  466  own instructional materials and transportation.
  467         4. A copy of the statement on transfer guarantees developed
  468  by the Department of Education under subsection (15).
  469         Section 7. Subsection (5), paragraph (j) of subsection (6),
  470  and subsection (8) of section 1007.35, Florida Statutes, are
  471  amended to read:
  472         1007.35 Florida Partnership for Minority and
  473  Underrepresented Student Achievement.—
  474         (5) Each public high school, including, but not limited to,
  475  schools and alternative sites and centers of the Department of
  476  Juvenile Justice, shall provide for the administration of the
  477  Preliminary SAT/National Merit Scholarship Qualifying Test
  478  (PSAT/NMSQT), or the PreACT preliminary ACT to all enrolled 10th
  479  grade students. However, a written notice shall be provided to
  480  each parent which must include the opportunity to exempt his or
  481  her child from taking the PSAT/NMSQT or the PreACT preliminary
  482  ACT.
  483         (a) Test results will provide each high school with a
  484  database of student assessment data which certified school
  485  counselors will use to identify students who are prepared or who
  486  need additional work to be prepared to enroll and be successful
  487  in AP courses or other advanced high school courses.
  488         (b) Funding for the PSAT/NMSQT or the PreACT preliminary
  489  ACT for all 10th grade students shall be contingent upon annual
  490  funding in the General Appropriations Act.
  491         (c) Public school districts must choose either the
  492  PSAT/NMSQT or the PreACT preliminary ACT for districtwide
  493  administration.
  494         (6) The partnership shall:
  495         (j) Provide information to students, parents, teachers,
  496  counselors, administrators, districts, Florida College System
  497  institutions, and state universities regarding PSAT/NMSQT or the
  498  PreACT preliminary ACT administration, including, but not
  499  limited to:
  500         1. Test administration dates and times.
  501         2. That participation in the PSAT/NMSQT or the PreACT
  502  preliminary ACT is open to all 10th grade students.
  503         3. The value of such tests in providing diagnostic feedback
  504  on student skills.
  505         4. The value of student scores in predicting the
  506  probability of success on AP or other advanced course
  507  examinations.
  508         (8)(a) By September 30 of each year, the partnership shall
  509  submit to the department a report that contains an evaluation of
  510  the effectiveness of the delivered services and activities.
  511  Activities and services must be evaluated on their effectiveness
  512  at raising student achievement and increasing the number of AP
  513  or other advanced course examinations in low-performing middle
  514  and high schools. Other indicators that must be addressed in the
  515  evaluation report include the number of middle and high school
  516  teachers trained; the effectiveness of the training; measures of
  517  postsecondary readiness of the students affected by the program;
  518  levels of participation in 10th grade PSAT/NMSQT or the PreACT
  519  preliminary ACT testing; and measures of student, parent, and
  520  teacher awareness of and satisfaction with the services of the
  521  partnership.
  522         (b) The department shall contribute to the evaluation
  523  process by providing access, consistent with s. 119.071(5)(a),
  524  to student and teacher information necessary to match against
  525  databases containing teacher professional development data and
  526  databases containing assessment data for the PSAT/NMSQT, SAT,
  527  ACT, PreACT, AP, and other appropriate measures. The department
  528  shall also provide student-level data on student progress from
  529  middle school through high school and into college and the
  530  workforce, if available, in order to support longitudinal
  531  studies. The partnership shall analyze and report student
  532  performance data in a manner that protects the rights of
  533  students and parents as required in 20 U.S.C. s. 1232g and s.
  534  1002.22.
  535         Section 8. Paragraph (l) of subsection (5) and paragraph
  536  (a) of subsection (11) of section 1002.385, Florida Statutes,
  537  are amended to read:
  538         1002.385 The Gardiner Scholarship.—
  539         (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be
  540  used to meet the individual educational needs of an eligible
  541  student and may be spent for the following purposes:
  542         (l) Fees for an annual evaluation of educational progress
  543  by a state-certified teacher under s. 1002.41(1)(f) s.
  544  1002.41(1)(c), if this option is chosen for a home education
  545  student.
  547  A provider of any services receiving payments pursuant to this
  548  subsection may not share, refund, or rebate any moneys from the
  549  Gardiner Scholarship with the parent or participating student in
  550  any manner. A parent, student, or provider of any services may
  551  not bill an insurance company, Medicaid, or any other agency for
  552  the same services that are paid for using Gardiner Scholarship
  553  funds.
  555  PARTICIPATION.—A parent who applies for program participation
  556  under this section is exercising his or her parental option to
  557  determine the appropriate placement or the services that best
  558  meet the needs of his or her child. The scholarship award for a
  559  student is based on a matrix that assigns the student to support
  560  Level III services. If a parent receives an IEP and a matrix of
  561  services from the school district pursuant to subsection (7),
  562  the amount of the payment shall be adjusted as needed, when the
  563  school district completes the matrix.
  564         (a) To satisfy or maintain program eligibility, including
  565  eligibility to receive and spend program payments, the parent
  566  must sign an agreement with the organization and annually submit
  567  a notarized, sworn compliance statement to the organization to:
  568         1. Affirm that the student is enrolled in a program that
  569  meets regular school attendance requirements as provided in s.
  570  1003.01(13)(b)-(d).
  571         2. Affirm that the program funds are used only for
  572  authorized purposes serving the student’s educational needs, as
  573  described in subsection (5).
  574         3. Affirm that the parent is responsible for the education
  575  of his or her student by, as applicable:
  576         a. Requiring the student to take an assessment in
  577  accordance with paragraph (8)(c);
  578         b. Providing an annual evaluation in accordance with s.
  579  1002.41(1)(f) s. 1002.41(1)(c); or
  580         c. Requiring the child to take any preassessments and
  581  postassessments selected by the provider if the child is 4 years
  582  of age and is enrolled in a program provided by an eligible
  583  Voluntary Prekindergarten Education Program provider. A student
  584  with disabilities for whom a preassessment and postassessment is
  585  not appropriate is exempt from this requirement. A participating
  586  provider shall report a student’s scores to the parent.
  587         4. Affirm that the student remains in good standing with
  588  the provider or school if those options are selected by the
  589  parent.
  591  A parent who fails to comply with this subsection forfeits the
  592  Gardiner Scholarship.
  593         Section 9. This act shall take effect July 1, 2018.