Florida Senate - 2022 SB 1818
By Senator Broxson
1-01639-22 20221818__
1 A bill to be entitled
2 An act relating to the Early Learning Scholarship
3 Program; creating s. 1002.56, F.S.; establishing the
4 Early Learning Scholarship Program within the
5 Department of Education; providing the purpose of the
6 program; defining terms; providing eligibility
7 criteria for participation in the program; providing
8 for a child’s continued eligibility for a specified
9 period; providing program obligations for eligible
10 nonprofit scholarship-funding organizations and for
11 parents and children; providing requirements for the
12 amount and payment of scholarship funds, subject to
13 appropriation; providing for the use of scholarship
14 funds; providing program obligations for the
15 department and providers; exempting the state from
16 specified liability; providing that the program does
17 not expand the regulatory authority of the state;
18 requiring the State Board of Education to adopt rules;
19 providing an effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 1002.56, Florida Statutes, is created to
24 read:
25 1002.56 Early Learning Scholarship Program.—There is
26 established the Early Learning Scholarship Program within the
27 Department of Education to pay for the tuition and fees
28 associated with an eligible child attending a program offered by
29 a provider.
30 (1) DEFINITIONS.—As used in this section, the term:
31 (a) “Department” means the Department of Education.
32 (b) “Eligible nonprofit scholarship-funding organization”
33 or “organization” has the same meaning as in s. 1002.395(2).
34 (c) “Parent” means a resident of this state who is a parent
35 as defined in s. 1000.21(5).
36 (d) “Program” means the Early Learning Scholarship Program.
37 (e) “Provider” means an early learning provider that is
38 approved to receive school readiness funding under part VI of
39 this chapter and that chooses to participate in the program.
40 (2) CHILD ELIGIBILITY REQUIREMENTS.—
41 (a) A parent of a child may apply for a scholarship if the
42 child is not receiving any other scholarship under this chapter
43 and is currently placed or was previously placed in foster care
44 or in out-of-home care as defined in s. 39.01.
45 (b) A child who initially receives a scholarship remains
46 eligible to participate in the program until he or she enrolls
47 in kindergarten or attains the age of 6 years by February 1 of
48 any school year and must be given priority for the award of a
49 scholarship in the subsequent fiscal year.
50 (c) An approved child who does not receive a scholarship
51 must be placed on a wait list in the order in which the child is
52 approved. An eligible child who does not receive a scholarship
53 within the fiscal year must be retained on the wait list for the
54 subsequent year.
55 (3) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
56 ORGANIZATIONS.—An eligible nonprofit scholarship-funding
57 organization must:
58 (a) Receive applications, determine child eligibility, and
59 notify parents of a child’s acceptance into the program.
60 (b) Provide scholarships to eligible children on a first
61 come, first-served basis. However, the organization must give
62 priority to eligible renewal children who received a scholarship
63 from an eligible nonprofit scholarship-funding organization
64 during the previous year.
65 (c) Allow an eligible child to attend a program at any
66 eligible provider and allow a parent to transfer a scholarship
67 during a school year to any other eligible provider of the
68 parent’s choice.
69 (d) Prepare and submit quarterly reports to the department
70 pursuant to paragraph (6)(d). In addition, an eligible nonprofit
71 scholarship-funding organization must submit in a timely manner
72 any information requested by the department relating to the
73 program.
74 (4) PARENT AND CHILD RESPONSIBILITIES FOR PROGRAM
75 PARTICIPATION.—
76 (a) The parent must apply to an eligible nonprofit
77 scholarship-funding organization for participation in the
78 program by a date established by the organization, in a manner
79 that creates a written or electronic record of the request and
80 the date of receipt of the request.
81 (b) The parent must select a provider and apply for the
82 admission of his or her child.
83 (c) Each parent and each child has an obligation to the
84 provider to comply with the provider’s published policies.
85 (d) Upon receipt of a scholarship warrant from the eligible
86 nonprofit scholarship-funding organization, the parent to whom
87 the warrant is made must restrictively endorse the warrant to
88 the provider for deposit into the account of the provider. If
89 payments are made by funds transfer, the parent must approve
90 each payment before the scholarship funds may be deposited. The
91 parent may not designate any entity or individual associated
92 with the participating provider as the parent’s attorney in fact
93 to endorse a scholarship warrant or approve a funds transfer. A
94 parent who fails to comply with this paragraph forfeits the
95 scholarship.
96 (5) SCHOLARSHIP AMOUNT AND PAYMENT.—
97 (a) Subject to appropriation, the scholarship amount
98 provided for a child by an eligible nonprofit scholarship
99 funding organization shall be for the total cost of the
100 provider’s private pay rate or the difference between a child’s
101 school readiness voucher and the provider’s private pay rate.
102 The amount of a scholarship may not exceed the provider’s
103 published private pay rate.
104 (b) Payment of the scholarship by the eligible nonprofit
105 scholarship-funding organization shall be by individual warrant
106 made payable to the child’s parent or by funds transfer,
107 including, but not limited to, debit cards, electronic payment
108 cards, or any other means of payment the department deems to be
109 commercially viable or cost-effective. If the payment is made by
110 warrant, the warrant must be delivered by the eligible nonprofit
111 scholarship-funding organization to the provider of the parent’s
112 choice, and the parent shall restrictively endorse the warrant
113 to the provider. An eligible nonprofit scholarship-funding
114 organization shall ensure that the parent to whom the warrant is
115 made restrictively has endorsed the warrant to the provider for
116 deposit into the account of the provider or that the parent has
117 approved a funds transfer before any scholarship funds are
118 deposited.
119 (c) An eligible nonprofit scholarship-funding organization
120 shall obtain verification from the provider of a child’s
121 continued attendance for each period covered by a scholarship
122 payment.
123 (d) Payment of the scholarship shall be made by the
124 eligible nonprofit scholarship-funding organization on a
125 quarterly basis.
126 (6) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
127 shall:
128 (a) Annually verify the eligibility of nonprofit
129 scholarship-funding organizations.
130 (b) Notify an eligible nonprofit scholarship-funding
131 organization of any of the organization’s identified children
132 who are receiving a scholarship from other eligible nonprofit
133 scholarship-funding organizations.
134 (c) Notify eligible nonprofit scholarship-funding
135 organizations of the deadlines for submitting the verified list
136 of children determined to be eligible for a scholarship required
137 under paragraph (d).
138 (d) Require quarterly reports by each eligible nonprofit
139 scholarship-funding organization which must include, at a
140 minimum, a verified list of children the organization determined
141 to be eligible for a scholarship; the number of children
142 participating in the program; the program award amount per
143 child; and any other information deemed necessary by the
144 department.
145 (7) PROVIDER OBLIGATIONS.—Each participating provider must
146 provide to the eligible nonprofit scholarship-funding
147 organization all documentation required for a child’s
148 participation, including the provider’s private pay rate, at
149 least 30 days before any quarterly scholarship payment is made
150 for the child. A child is not eligible to receive a quarterly
151 scholarship payment if the provider fails to meet this deadline.
152 (8) LIABILITY.—The state is not liable for the award of or
153 any use of awarded funds under this section.
154 (9) SCOPE OF AUTHORITY.—This section does not expand the
155 regulatory authority of the state or its officers to impose
156 additional regulations on providers beyond those reasonably
157 necessary to enforce the requirements expressly set forth in
158 this section.
159 (10) RULEMAKING.—The State Board of Education shall adopt
160 rules to administer this section.
161 Section 2. This act shall take effect July 1, 2022.