Florida Senate - 2020 CS for CS for SB 1220
By the Committees on Appropriations; and Education; and Senator
Diaz
576-04555-20 20201220c2
1 A bill to be entitled
2 An act relating to K-12 scholarship programs; amending
3 s. 1002.394, F.S.; revising initial scholarship
4 eligibility criteria for the Family Empowerment
5 Scholarship Program; establishing a priority order for
6 award of a scholarship that includes an adjusted
7 maximum eligible household income level that is
8 increased in specified circumstances; requiring the
9 Department of Education to maintain and publish a list
10 of nationally norm-referenced tests and to establish
11 deadlines for lists of eligible students,
12 applications, and notifications; requiring a private
13 school to report scores to a state university by a
14 specified date; requiring parents to annually renew
15 participation in the program; requiring an eligible
16 nonprofit scholarship-funding organization to award
17 scholarships in priority order and implement
18 deadlines; requiring, rather than authorizing, an
19 annual specified increase in the maximum number of
20 students participating in the scholarship program;
21 amending s. 1002.395, F.S.; revising eligibility
22 criteria for the Florida Tax Credit Scholarship
23 Program and applying the criteria only to initial
24 eligibility; requiring that priority be given to
25 students whose household income levels do not exceed a
26 specified amount or who are in foster care or out-of
27 home care; requiring scholarship-funding organizations
28 to prioritize renewal scholarships over initial
29 scholarships; requiring a scholarship-funding
30 organization to refer students who did not receive a
31 scholarship because of lack of funds to another
32 scholarship-funding organization; amending s. 1002.40,
33 F.S.; requiring scholarship-funding organizations to
34 use excess contributions to fund scholarships for
35 specified students under certain conditions; providing
36 an effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Present paragraphs (b), (c), and (d) of
41 subsection (10) of section 1002.394, Florida Statutes, are
42 redesignated as paragraphs (c), (d), and (e), respectively,
43 paragraph (i) of subsection (9) and a new paragraph (b) of
44 subsection (10) are added to that section, and subsections (3)
45 and (7), paragraph (c) of subsection (8), and paragraph (a) of
46 subsection (11) of that section are amended, to read:
47 1002.394 The Family Empowerment Scholarship Program.—
48 (3) INITIAL SCHOLARSHIP ELIGIBILITY.—A student is eligible
49 for a Family Empowerment Scholarship under this section if the
50 student meets the following criteria:
51 (a)1. The student is on the direct certification list
52 pursuant to s. 1002.395(2)(c) or the student’s household income
53 level does not exceed 185 300 percent of the federal poverty
54 level; or
55 2. The student is currently placed, or during the previous
56 state fiscal year was placed, in foster care or in out-of-home
57 care as defined in s. 39.01; or
58 3. The student’s household income level does not exceed 300
59 percent of the federal poverty level or an adjusted maximum
60 percent of the federal poverty level as established pursuant to
61 paragraph (e).
62
63 Priority shall be given to students whose household income
64 levels do not exceed 185 percent of the federal poverty level or
65 who are in foster care or out-of-home care. A student who
66 initially receives a scholarship based on eligibility under
67 subparagraph 2. remains eligible to participate until the
68 student graduates from high school or attains the age of 21
69 years, whichever occurs first, regardless of the student’s
70 household income level. A sibling of a student who is
71 participating in the scholarship program under this subsection
72 is eligible for a scholarship if the student resides in the same
73 household as the sibling.
74 (b)1. The student is eligible to enroll in kindergarten;
75 2. The student or has spent the prior school year in
76 attendance at a Florida public school; or
77 3. Beginning with the 2020-2021 school year, the student
78 received a scholarship pursuant to s. 1002.395 during the
79 previous school year but did not receive a renewal scholarship
80 based solely on the eligible nonprofit scholarship-funding
81 organization’s lack of available funds after the organization
82 fully exhausts its efforts to use funds available for awards
83 under ss. 1002.395 and 1002.40(11)(i). Eligible nonprofit
84 scholarship-funding organizations with students who meet the
85 eligibility criterion of this subparagraph must annually notify
86 the department in a format and by a date established by the
87 department.
88
89 For purposes of this paragraph, the term “prior school year in
90 attendance” means that the student was enrolled full time and
91 reported by a school district for funding during the preceding
92 October and February Florida Education Finance Program surveys
93 in kindergarten through grade 12, which includes time spent in a
94 Department of Juvenile Justice commitment program if funded
95 under the Florida Education Finance Program. However, a
96 dependent child of a member of the United States Armed Forces
97 who transfers to a school in this state from out of state or
98 from a foreign country due to a parent’s permanent change of
99 station orders or a foster child is exempt from the prior public
100 school attendance requirement under this paragraph, but must
101 meet the other eligibility requirements specified under this
102 section to participate in the program.
103 (c) The parent has obtained acceptance for admission of the
104 student to a private school that is eligible for the program
105 under subsection (8), and the parent has requested a scholarship
106 from the Department of Education by a date established by the
107 department pursuant to paragraph (7)(e), but no later than at
108 least 60 days before the date of the first scholarship payment.
109 The request must be communicated directly to the department in a
110 manner that creates a written or electronic record of the
111 request and the date of receipt of the request. The department
112 must notify the school district of the parent’s intent upon
113 receipt of the parent’s request.
114 (d) The student is awarded a scholarship in accordance with
115 the following priority order:
116 1. An eligible student who received a Family Empowerment
117 Scholarship during the previous school year and requested a
118 renewal scholarship award.
119 2. An eligible student who meets the criteria for an
120 initial award under both paragraph (a) and subparagraph (b)3.
121 3. An eligible student who meets the criteria for an
122 initial award under subparagraph (b)2. and either subparagraph
123 (a)1. or subparagraph (a)2.
124 4. An eligible student who meets the criteria for an
125 initial award under subparagraph (b)1. and either subparagraph
126 (a)1. or subparagraph (a)2.
127 5. An eligible student who meets the criteria for an
128 initial award under subparagraph (a)3. and, in priority order,
129 either subparagraph (b)2. or subparagraph (b)1.
130 (e) The student’s household income level does not exceed an
131 adjusted maximum percent of the federal poverty level that is
132 increased by 25 percent in the fiscal year following any fiscal
133 year in which more than 5 percent of the available scholarships
134 authorized under subsection (11) have not been awarded.
135 (7) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
136 shall:
137 (a) Publish and update, as necessary, information on the
138 department website about the Family Empowerment Scholarship
139 Program, including, but not limited to, student eligibility
140 criteria, parental responsibilities, and relevant data.
141 (b) Cross-check the list of participating scholarship
142 students with the public school enrollment lists before each
143 scholarship payment to avoid duplication.
144 (c) Maintain and publish a list of nationally norm
145 referenced tests identified for purposes of satisfying the
146 testing requirement in subparagraph (8)(c)1. The tests must meet
147 industry standards of quality in accordance with state board
148 rule.
149 (d) Notify eligible nonprofit scholarship-funding
150 organizations of the deadlines for submitting the verified list
151 of students determined to be eligible for an initial or renewal
152 scholarship.
153 (e) Establish deadlines for the receipt of initial
154 applications and renewal notifications in order to implement the
155 priority order for scholarship awards pursuant to paragraph
156 (3)(d).
157 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
158 eligible to participate in the Family Empowerment Scholarship
159 Program, a private school may be sectarian or nonsectarian and
160 must:
161 (c)1. Annually administer or make provision for students
162 participating in the program in grades 3 through 10 to take one
163 of the nationally norm-referenced tests that are identified by
164 the department pursuant to paragraph (7)(c) or to take the
165 statewide assessments pursuant to s. 1008.22. Students with
166 disabilities for whom standardized testing is not appropriate
167 are exempt from this requirement. A participating private school
168 shall report a student’s scores to his or her parent. By August
169 15 of each year, a participating private school must report the
170 scores of all participating students to a state university as
171 described in s. 1002.395(9)(f).
172 2. Administer the statewide assessments pursuant to s.
173 1008.22 if the private school chooses to offer the statewide
174 assessments. A participating private school may choose to offer
175 and administer the statewide assessments to all students who
176 attend the private school in grades 3 through 10 and must submit
177 a request in writing to the department by March 1 of each year
178 in order to administer the statewide assessments in the
179 subsequent school year.
180
181 If a private school fails to meet the requirements of this
182 subsection or s. 1002.421, the commissioner may determine that
183 the private school is ineligible to participate in the
184 scholarship program.
185 (9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
186 PARTICIPATION.—A parent who applies for a Family Empowerment
187 Scholarship is exercising his or her parental option to place
188 his or her child in a private school.
189 (i) The parent must annually renew participation in the
190 program by the date established by the department pursuant to
191 paragraph (7)(e).
192 (10) OBLIGATIONS OF ELIGIBLE SCHOLARSHIP-FUNDING
193 ORGANIZATIONS.—An eligible nonprofit scholarship-funding
194 organization:
195 (b) Shall award initial and renewal scholarships in
196 priority order pursuant to paragraph (3)(d). The eligible
197 nonprofit scholarship-funding organization shall implement the
198 deadlines established by the department pursuant to paragraphs
199 (7)(d) and (e).
200 (11) SCHOLARSHIP FUNDING AND PAYMENT.—
201 (a) The scholarship is established for up to 18,000
202 students annually on a first-come, first-served basis beginning
203 in with the 2019-2020 school year. Beginning in the 2020-2021
204 school year, the maximum number of students participating in the
205 scholarship program under this section shall may annually
206 increase by 1.0 0.25 percent of the state’s total public school
207 student enrollment.
208 Section 2. Subsection (3) and paragraphs (e) and (f) of
209 subsection (6) of section 1002.395, Florida Statutes, are
210 amended to read:
211 1002.395 Florida Tax Credit Scholarship Program.—
212 (3) PROGRAM; INITIAL SCHOLARSHIP ELIGIBILITY.—
213 (a) The Florida Tax Credit Scholarship Program is
214 established.
215 (b) A student is eligible for a Florida tax credit
216 scholarship under this section if the student meets one or more
217 of the following criteria:
218 1. The student is on the direct certification list or the
219 student’s household income level does not exceed 260 185 percent
220 of the federal poverty level; or
221 2. The student is currently placed, or during the previous
222 state fiscal year was placed, in foster care or in out-of-home
223 care as defined in s. 39.01.
224 3. The student’s household income level is greater than 185
225 percent of the federal poverty level but does not exceed 260
226 percent of the federal poverty level.
227
228 Priority must be given to a student whose household income level
229 does not exceed 185 percent of the federal poverty level or who
230 is in foster care or out-of-home care. A student who initially
231 receives a scholarship based on eligibility under this paragraph
232 subparagraph (b)2. remains eligible to participate until he or
233 she the student graduates from high school or attains the age of
234 21 years, whichever occurs first, regardless of the student’s
235 household income level. A student who initially received a
236 scholarship based on income eligibility before the 2019-2020
237 school year remains eligible to participate until he or she
238 graduates from high school, attains the age of 21 years, or the
239 student’s household income level exceeds 260 percent of the
240 federal poverty level, whichever occurs first. A sibling of a
241 student who is participating in the scholarship program under
242 this subsection is eligible for a scholarship if the student
243 resides in the same household as the sibling.
244 (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
245 ORGANIZATIONS.—An eligible nonprofit scholarship-funding
246 organization:
247 (e) Must give first priority to eligible renewal students
248 who received a full-time scholarship from an eligible nonprofit
249 scholarship-funding organization or from the State of Florida
250 during the previous school year. The eligible nonprofit
251 scholarship-funding organization must fully apply and exhaust
252 all funds available under this section and s. 1002.40(11)(i) for
253 renewal scholarship awards before awarding any initial
254 scholarships Beginning in the 2016-2017 school year, an eligible
255 nonprofit scholarship-funding organization shall give priority
256 to new applicants whose household income levels do not exceed
257 185 percent of the federal poverty level or who are in foster
258 care or out-of-home care.
259 (f) Must provide a renewal or initial scholarship to an
260 eligible student on a first-come, first-served basis unless the
261 student qualifies for priority pursuant to paragraph (e). Each
262 eligible nonprofit scholarship-funding organization must refer
263 any student eligible for a scholarship pursuant to this section
264 who did not receive a renewal or initial scholarship based
265 solely on the lack of available funds under this section and s.
266 1002.40(11)(i) to another eligible nonprofit scholarship-funding
267 organization that may have funds available.
268
269 Information and documentation provided to the Department of
270 Education and the Auditor General relating to the identity of a
271 taxpayer that provides an eligible contribution under this
272 section shall remain confidential at all times in accordance
273 with s. 213.053.
274 Section 3. Paragraph (i) of subsection (11) of section
275 1002.40, Florida Statutes, is amended to read:
276 1002.40 The Hope Scholarship Program.—
277 (11) FUNDING AND PAYMENT.—
278 (i) Notwithstanding s. 1002.395(6)(j)2., no more than 5
279 percent of net eligible contributions may be carried forward to
280 the following state fiscal year by an eligible scholarship
281 funding organization. For audit purposes, all amounts carried
282 forward must be specifically identified for individual students
283 by student name and by the name of the school to which the
284 student is admitted, subject to the requirements of ss. 1002.21
285 and 1002.22 and 20 U.S.C. s. 1232g, and the applicable rules and
286 regulations issued pursuant to such requirements. Any amounts
287 carried forward shall be expended for annual scholarships or
288 partial-year scholarships in the following state fiscal year.
289 Net eligible contributions remaining on June 30 of each year
290 which are in excess of the 5 percent that may be carried forward
291 shall be transferred to other eligible nonprofit scholarship
292 funding organizations participating in the Hope Scholarship
293 Program to provide scholarships for eligible students. All
294 transferred funds must be deposited by each eligible nonprofit
295 scholarship-funding organization receiving such funds into the
296 scholarship account of eligible students. All transferred
297 amounts received by an eligible nonprofit scholarship-funding
298 organization must be separately disclosed in the annual
299 financial audit requirement under s. 1002.395(6)(m). If no other
300 eligible nonprofit scholarship-funding organization participates
301 in the Hope Scholarship Program, net eligible contributions in
302 excess of the 5 percent may be used to fund scholarships for
303 students eligible under s. 1002.395 only after fully exhausting
304 all contributions made in support of scholarships under that
305 section in accordance with the priority established in s.
306 1002.395(6)(e) prior to awarding any initial scholarships s.
307 1002.395(3).
308 Section 4. This act shall take effect July 1, 2020.