Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. PCS (888996) for CS for SB 1220
       
       
       
       
       
       
                                Ì462882?Î462882                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/04/2020           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Appropriations (Diaz) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present paragraphs (b), (c), and (d) of
    6  subsection (10) of section 1002.394, Florida Statutes, are
    7  redesignated as paragraphs (c), (d,) and (e), respectively,
    8  paragraph (i) of subsection (9) and a new paragraph (b) of
    9  subsection (10) are added to that section, and subsections (3)
   10  and (7), paragraph (c) of subsection (8), and paragraph (a) of
   11  subsection (11) of that section are amended, to read:
   12         1002.394 The Family Empowerment Scholarship Program.—
   13         (3) INITIAL SCHOLARSHIP ELIGIBILITY.—A student is eligible
   14  for a Family Empowerment Scholarship under this section if the
   15  student meets the following criteria:
   16         (a)1. The student is on the direct certification list
   17  pursuant to s. 1002.395(2)(c) or the student’s household income
   18  level does not exceed 185 300 percent of the federal poverty
   19  level; or
   20         2. The student is currently placed, or during the previous
   21  state fiscal year was placed, in foster care or in out-of-home
   22  care as defined in s. 39.01; or
   23         3. The student’s household income level does not exceed 300
   24  percent of the federal poverty level or an adjusted maximum
   25  percent of the federal poverty level as established pursuant to
   26  paragraph (e).
   27  
   28  Priority shall be given to students whose household income
   29  levels do not exceed 185 percent of the federal poverty level or
   30  who are in foster care or out-of-home care. A student who
   31  initially receives a scholarship based on eligibility under
   32  subparagraph 2. remains eligible to participate until the
   33  student graduates from high school or attains the age of 21
   34  years, whichever occurs first, regardless of the student’s
   35  household income level. A sibling of a student who is
   36  participating in the scholarship program under this subsection
   37  is eligible for a scholarship if the student resides in the same
   38  household as the sibling.
   39         (b)1. The student is eligible to enroll in kindergarten;
   40         2. The student or has spent the prior school year in
   41  attendance at a Florida public school; or
   42         3. Beginning with the 2020-2021 school year, the student
   43  received a scholarship pursuant to s. 1002.395 during the
   44  previous school year but did not receive a renewal scholarship
   45  based solely on the eligible nonprofit scholarship-funding
   46  organization’s lack of available funds after the organization
   47  fully exhausts its efforts to use funds available for awards
   48  under ss. 1002.395 and 1002.40(11)(i). Eligible nonprofit
   49  scholarship-funding organizations with students who meet the
   50  eligibility criterion of this subparagraph must annually notify
   51  the department in a format and by a date established by the
   52  department.
   53  
   54  For purposes of this paragraph, the term prior school year in
   55  attendance means that the student was enrolled full time and
   56  reported by a school district for funding during the preceding
   57  October and February Florida Education Finance Program surveys
   58  in kindergarten through grade 12, which includes time spent in a
   59  Department of Juvenile Justice commitment program if funded
   60  under the Florida Education Finance Program. However, a
   61  dependent child of a member of the United States Armed Forces
   62  who transfers to a school in this state from out of state or
   63  from a foreign country due to a parent’s permanent change of
   64  station orders or a foster child is exempt from the prior public
   65  school attendance requirement under this paragraph, but must
   66  meet the other eligibility requirements specified under this
   67  section to participate in the program.
   68         (c) The parent has obtained acceptance for admission of the
   69  student to a private school that is eligible for the program
   70  under subsection (8), and the parent has requested a scholarship
   71  from the Department of Education by a date established by the
   72  department pursuant to paragraph (7)(e), but no later than at
   73  least 60 days before the date of the first scholarship payment.
   74  The request must be communicated directly to the department in a
   75  manner that creates a written or electronic record of the
   76  request and the date of receipt of the request. The department
   77  must notify the school district of the parent’s intent upon
   78  receipt of the parent’s request.
   79         (d) The student is awarded a scholarship in accordance with
   80  the following priority order:
   81         1. An eligible student who received a Family Empowerment
   82  Scholarship during the previous school year and requested a
   83  renewal scholarship award.
   84         2. An eligible student who meets the criteria for an
   85  initial award under both paragraph (a) and subparagraph (b)3.
   86         3. An eligible student who meets the criteria for an
   87  initial award under subparagraph (b)2. and either subparagraph
   88  (a)1. or subparagraph (a)2.
   89         4. An eligible student who meets the criteria for an
   90  initial award under subparagraph (b)1. and either subparagraph
   91  (a)1. or subparagraph (a)2.
   92         5. An eligible student who meets the criteria for an
   93  initial award under subparagraph (a)3. and, in priority order,
   94  either subparagraph (b)2. or subparagraph (b)1.
   95         (e)The student’s household income level does not exceed an
   96  adjusted maximum percent of the federal poverty level that is
   97  increased by 25 percent in the fiscal year following any fiscal
   98  year in which more than 5 percent of the available scholarships
   99  authorized under subsection (11) have not been awarded.
  100         (7) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
  101  shall:
  102         (a) Publish and update, as necessary, information on the
  103  department website about the Family Empowerment Scholarship
  104  Program, including, but not limited to, student eligibility
  105  criteria, parental responsibilities, and relevant data.
  106         (b) Cross-check the list of participating scholarship
  107  students with the public school enrollment lists before each
  108  scholarship payment to avoid duplication.
  109         (c) Maintain and publish a list of nationally norm
  110  referenced tests identified for purposes of satisfying the
  111  testing requirement in subparagraph (8)(c)1. The tests must meet
  112  industry standards of quality in accordance with state board
  113  rule.
  114         (d)Notify eligible nonprofit scholarship-funding
  115  organizations of the deadlines for submitting the verified list
  116  of students determined to be eligible for an initial or renewal
  117  scholarship.
  118         (e) Establish deadlines for the receipt of initial
  119  applications and renewal notifications in order to implement the
  120  priority order for scholarship awards pursuant to paragraph
  121  (3)(d).
  122         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
  123  eligible to participate in the Family Empowerment Scholarship
  124  Program, a private school may be sectarian or nonsectarian and
  125  must:
  126         (c)1. Annually administer or make provision for students
  127  participating in the program in grades 3 through 10 to take one
  128  of the nationally norm-referenced tests that are identified by
  129  the department pursuant to paragraph (7)(c) or to take the
  130  statewide assessments pursuant to s. 1008.22. Students with
  131  disabilities for whom standardized testing is not appropriate
  132  are exempt from this requirement. A participating private school
  133  shall report a student’s scores to his or her parent. By August
  134  15 of each year, a participating private school must report the
  135  scores of all participating students to a state university as
  136  described in s. 1002.395(9)(f).
  137         2. Administer the statewide assessments pursuant to s.
  138  1008.22 if the private school chooses to offer the statewide
  139  assessments. A participating private school may choose to offer
  140  and administer the statewide assessments to all students who
  141  attend the private school in grades 3 through 10 and must submit
  142  a request in writing to the department by March 1 of each year
  143  in order to administer the statewide assessments in the
  144  subsequent school year.
  145  
  146  If a private school fails to meet the requirements of this
  147  subsection or s. 1002.421, the commissioner may determine that
  148  the private school is ineligible to participate in the
  149  scholarship program.
  150         (9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
  151  PARTICIPATION.—A parent who applies for a Family Empowerment
  152  Scholarship is exercising his or her parental option to place
  153  his or her child in a private school.
  154         (i)The parent must annually renew participation in the
  155  program by the date established by the department pursuant to
  156  paragraph (7)(e).
  157         (10) OBLIGATIONS OF ELIGIBLE SCHOLARSHIP-FUNDING
  158  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
  159  organization:
  160         (b)Shall award initial and renewal scholarships in
  161  priority order pursuant to paragraph (3)(d). The eligible
  162  nonprofit scholarship-funding organization shall implement the
  163  deadlines established by the department pursuant to paragraphs
  164  (7)(d) and (e).
  165         (11) SCHOLARSHIP FUNDING AND PAYMENT.—
  166         (a) The scholarship is established for up to 18,000
  167  students annually on a first-come, first-served basis beginning
  168  in with the 2019-2020 school year. Beginning in the 2020-2021
  169  school year, the maximum number of students participating in the
  170  scholarship program under this section shall may annually
  171  increase by 1.0 0.25 percent of the state’s total public school
  172  student enrollment.
  173         Section 2. Subsection (3) and paragraphs (e) and (f) of
  174  subsection (6) of section 1002.395, Florida Statutes, are
  175  amended to read:
  176         1002.395 Florida Tax Credit Scholarship Program.—
  177         (3) PROGRAM; INITIAL SCHOLARSHIP ELIGIBILITY.—
  178         (a) The Florida Tax Credit Scholarship Program is
  179  established.
  180         (b) A student is eligible for a Florida tax credit
  181  scholarship under this section if the student meets one or more
  182  of the following criteria:
  183         1. The student is on the direct certification list or the
  184  student’s household income level does not exceed 260 185 percent
  185  of the federal poverty level; or
  186         2. The student is currently placed, or during the previous
  187  state fiscal year was placed, in foster care or in out-of-home
  188  care as defined in s. 39.01.
  189         3. The student’s household income level is greater than 185
  190  percent of the federal poverty level but does not exceed 260
  191  percent of the federal poverty level.
  192  
  193  Priority must be given to a student whose household income level
  194  does not exceed 185 percent of the federal poverty level or who
  195  is in foster care or out-of-home care. A student who initially
  196  receives a scholarship based on eligibility under this paragraph
  197  subparagraph (b)2. remains eligible to participate until he or
  198  she the student graduates from high school or attains the age of
  199  21 years, whichever occurs first, regardless of the student’s
  200  household income level. A student who initially received a
  201  scholarship based on income eligibility before the 2019-2020
  202  school year remains eligible to participate until he or she
  203  graduates from high school, attains the age of 21 years, or the
  204  student’s household income level exceeds 260 percent of the
  205  federal poverty level, whichever occurs first. A sibling of a
  206  student who is participating in the scholarship program under
  207  this subsection is eligible for a scholarship if the student
  208  resides in the same household as the sibling.
  209         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
  210  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
  211  organization:
  212         (e) Must give first priority to eligible renewal students
  213  who received a full-time scholarship from an eligible nonprofit
  214  scholarship-funding organization or from the State of Florida
  215  during the previous school year. The eligible nonprofit
  216  scholarship-funding organization must fully apply and exhaust
  217  all funds available under this section and s. 1002.40(11)(i) for
  218  renewal scholarship awards before awarding any initial
  219  scholarships. Beginning in the 2016-2017 school year, an
  220  eligible nonprofit scholarship-funding organization shall give
  221  priority to new applicants whose household income levels do not
  222  exceed 185 percent of the federal poverty level or who are in
  223  foster care or out-of-home care.
  224         (f) Must provide a renewal or initial scholarship to an
  225  eligible student on a first-come, first-served basis unless the
  226  student qualifies for priority pursuant to paragraph (e). Each
  227  eligible nonprofit scholarship-funding organization must refer
  228  any student eligible for a scholarship pursuant to this section
  229  who did not receive a renewal or initial scholarship based
  230  solely on the lack of available funds under this section and s.
  231  1002.40(11)(i) to another eligible nonprofit scholarship-funding
  232  organization that may have funds available.
  233  
  234  Information and documentation provided to the Department of
  235  Education and the Auditor General relating to the identity of a
  236  taxpayer that provides an eligible contribution under this
  237  section shall remain confidential at all times in accordance
  238  with s. 213.053.
  239         Section 3. Paragraph (i) of subsection (11) of section
  240  1002.40, Florida Statutes, is amended to read:
  241         1002.40 The Hope Scholarship Program.—
  242         (11) FUNDING AND PAYMENT.—
  243         (i) Notwithstanding s. 1002.395(6)(j)2., no more than 5
  244  percent of net eligible contributions may be carried forward to
  245  the following state fiscal year by an eligible scholarship
  246  funding organization. For audit purposes, all amounts carried
  247  forward must be specifically identified for individual students
  248  by student name and by the name of the school to which the
  249  student is admitted, subject to the requirements of ss. 1002.21
  250  and 1002.22 and 20 U.S.C. s. 1232g, and the applicable rules and
  251  regulations issued pursuant to such requirements. Any amounts
  252  carried forward shall be expended for annual scholarships or
  253  partial-year scholarships in the following state fiscal year.
  254  Net eligible contributions remaining on June 30 of each year
  255  which are in excess of the 5 percent that may be carried forward
  256  shall be transferred to other eligible nonprofit scholarship
  257  funding organizations participating in the Hope Scholarship
  258  Program to provide scholarships for eligible students. All
  259  transferred funds must be deposited by each eligible nonprofit
  260  scholarship-funding organization receiving such funds into the
  261  scholarship account of eligible students. All transferred
  262  amounts received by an eligible nonprofit scholarship-funding
  263  organization must be separately disclosed in the annual
  264  financial audit requirement under s. 1002.395(6)(m). If no other
  265  eligible nonprofit scholarship-funding organization participates
  266  in the Hope Scholarship Program, net eligible contributions in
  267  excess of the 5 percent may be used to fund scholarships for
  268  students eligible under s. 1002.395 only after fully exhausting
  269  all contributions made in support of scholarships under that
  270  section in accordance with the priority established in s.
  271  1002.395(6)(e) prior to awarding any initial scholarships s.
  272  1002.395(3).
  273         Section 4. This act shall take effect July 1, 2020.
  274  
  275  ================= T I T L E  A M E N D M E N T ================
  276  And the title is amended as follows:
  277         Delete everything before the enacting clause
  278  and insert:
  279                        A bill to be entitled                      
  280         An act relating to K-12 scholarship programs; amending
  281         s. 1002.394, F.S.; revising initial scholarship
  282         eligibility criteria for the Family Empowerment
  283         Scholarship Program; establishing a priority order for
  284         award of a scholarship that includes an adjusted
  285         maximum eligible household income level that is
  286         increased in specified circumstances; requiring the
  287         Department of Education to maintain and publish a list
  288         of nationally norm-referenced tests and to establish
  289         deadlines for lists of eligible students,
  290         applications, and notifications; requiring a private
  291         school to report scores to a state university by a
  292         specified date; requiring parents to annually renew
  293         participation in the program; requiring an eligible
  294         nonprofit scholarship-funding organization to award
  295         scholarships in priority order and implement
  296         deadlines; requiring, rather than authorizing, an
  297         annual specified increase in the maximum number of
  298         students participating in the scholarship program;
  299         amending s. 1002.395, F.S.; revising eligibility
  300         criteria for the Florida Tax Credit Scholarship
  301         Program and applying the criteria only to initial
  302         eligibility; requiring that priority be given to
  303         students whose household income levels do not exceed a
  304         specified amount or who are in foster care or out-of
  305         home care; requiring scholarship-funding organizations
  306         to prioritize renewal scholarships over initial
  307         scholarships; requiring a scholarship-funding
  308         organization to refer students who did not receive a
  309         scholarship because of lack of funds to another
  310         scholarship-funding organization; amending s. 1002.40,
  311         F.S.; requiring scholarship-funding organizations to
  312         use excess contributions to fund scholarships for
  313         specified students under certain conditions; providing
  314         an effective date.