Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 1403
       
       
       
       
       
       
                                Ì2037820Î203782                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .            Floor: C            
             03/06/2024 03:34 PM       .      03/07/2024 01:05 PM       
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       Senator Simon moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 309 - 1957
    4  and insert:
    5         3. Instructional materials, including digital materials and
    6  Internet resources.
    7         4. Curriculum as defined in subsection (2).
    8         5. Tuition and fees associated with full-time or part-time
    9  enrollment in an eligible postsecondary educational institution
   10  or a program offered by the postsecondary educational
   11  institution, unless the program is subject to s. 1009.25 or
   12  reimbursed pursuant to s. 1009.30; an approved preapprenticeship
   13  program as defined in s. 446.021(5) which is not subject to s.
   14  1009.25 and complies with all applicable requirements of the
   15  department pursuant to chapter 1005; a private tutoring program
   16  authorized under s. 1002.43; a virtual program offered by a
   17  department-approved private online provider that meets the
   18  provider qualifications specified in s. 1002.45(2)(a); the
   19  Florida Virtual School as a private paying student; or an
   20  approved online course offered pursuant to s. 1003.499 or s.
   21  1004.0961.
   22         6. Fees for nationally standardized, norm-referenced
   23  achievement tests, Advanced Placement Examinations, industry
   24  certification examinations, assessments related to postsecondary
   25  education, or other assessments.
   26         7. Contracted services provided by a public school or
   27  school district, including classes. A student who receives
   28  contracted services under this subparagraph is not considered
   29  enrolled in a public school for eligibility purposes as
   30  specified in subsection (6) but rather attending a public school
   31  on a part-time basis as authorized under s. 1002.44.
   32         8. Tuition and fees for part-time tutoring services or fees
   33  for services provided by a choice navigator. Such services must
   34  be provided by a person who holds a valid Florida educator’s
   35  certificate pursuant to s. 1012.56, a person who holds an
   36  adjunct teaching certificate pursuant to s. 1012.57, a person
   37  who has a bachelor’s degree or a graduate degree in the subject
   38  area in which instruction is given, a person who has
   39  demonstrated a mastery of subject area knowledge pursuant to s.
   40  1012.56(5), or a person certified by a nationally or
   41  internationally recognized research-based training program as
   42  approved by the department. As used in this subparagraph, the
   43  term “part-time tutoring services” does not qualify as regular
   44  school attendance as defined in s. 1003.01(16)(e).
   45         (b) Program funds awarded to a student with a disability
   46  determined eligible pursuant to paragraph (3)(b) may be used for
   47  the following purposes:
   48         1. Instructional materials, including digital devices,
   49  digital periphery devices, and assistive technology devices that
   50  allow a student to access instruction or instructional content
   51  and training on the use of and maintenance agreements for these
   52  devices.
   53         2. Curriculum as defined in subsection (2).
   54         3. Specialized services by approved providers or by a
   55  hospital in this state which are selected by the parent. These
   56  specialized services may include, but are not limited to:
   57         a. Applied behavior analysis services as provided in ss.
   58  627.6686 and 641.31098.
   59         b. Services provided by speech-language pathologists as
   60  defined in s. 468.1125(8).
   61         c. Occupational therapy as defined in s. 468.203.
   62         d. Services provided by physical therapists as defined in
   63  s. 486.021(8).
   64         e. Services provided by listening and spoken language
   65  specialists and an appropriate acoustical environment for a
   66  child who has a hearing impairment, including deafness, and who
   67  has received an implant or assistive hearing device.
   68         4. Tuition and fees associated with full-time or part-time
   69  enrollment in a home education program; an eligible private
   70  school; an eligible postsecondary educational institution or a
   71  program offered by the postsecondary educational institution,
   72  unless the program is subject to s. 1009.25 or reimbursed
   73  pursuant to s. 1009.30; an approved preapprenticeship program as
   74  defined in s. 446.021(5) which is not subject to s. 1009.25 and
   75  complies with all applicable requirements of the department
   76  pursuant to chapter 1005; a private tutoring program authorized
   77  under s. 1002.43; a virtual program offered by a department
   78  approved private online provider that meets the provider
   79  qualifications specified in s. 1002.45(2)(a); the Florida
   80  Virtual School as a private paying student; or an approved
   81  online course offered pursuant to s. 1003.499 or s. 1004.0961.
   82         5. Fees for nationally standardized, norm-referenced
   83  achievement tests, Advanced Placement Examinations, industry
   84  certification examinations, assessments related to postsecondary
   85  education, or other assessments.
   86         6. Contributions to the Stanley G. Tate Florida Prepaid
   87  College Program pursuant to s. 1009.98 or the Florida College
   88  Savings Program pursuant to s. 1009.981 for the benefit of the
   89  eligible student.
   90         7. Contracted services provided by a public school or
   91  school district, including classes. A student who receives
   92  services under a contract under this paragraph is not considered
   93  enrolled in a public school for eligibility purposes as
   94  specified in subsection (6) but rather attending a public school
   95  on a part-time basis as authorized under s. 1002.44.
   96         8. Tuition and fees for part-time tutoring services or fees
   97  for services provided by a choice navigator. Such services must
   98  be provided by a person who holds a valid Florida educator’s
   99  certificate pursuant to s. 1012.56, a person who holds an
  100  adjunct teaching certificate pursuant to s. 1012.57, a person
  101  who has a bachelor’s degree or a graduate degree in the subject
  102  area in which instruction is given, a person who has
  103  demonstrated a mastery of subject area knowledge pursuant to s.
  104  1012.56(5), or a person certified by a nationally or
  105  internationally recognized research-based training program as
  106  approved by the department. As used in this subparagraph, the
  107  term “part-time tutoring services” does not qualify as regular
  108  school attendance as defined in s. 1003.01(16)(e).
  109         9. Fees for specialized summer education programs.
  110         10. Fees for specialized after-school education programs.
  111         11. Transition services provided by job coaches. Transition
  112  services are a coordinated set of activities which are focused
  113  on improving the academic and functional achievement of a
  114  student with a disability to facilitate the student’s movement
  115  from school to postschool activities and are based on the
  116  student’s needs.
  117         12. Fees for an annual evaluation of educational progress
  118  by a state-certified teacher under s. 1002.41(1)(f), if this
  119  option is chosen for a home education student.
  120         13. Tuition and fees associated with programs offered by
  121  Voluntary Prekindergarten Education Program providers approved
  122  pursuant to s. 1002.55, and school readiness providers approved
  123  pursuant to s. 1002.88, and prekindergarten programs offered by
  124  an eligible private school.
  125         14. Fees for services provided at a center that is a member
  126  of the Professional Association of Therapeutic Horsemanship
  127  International.
  128         15. Fees for services provided by a therapist who is
  129  certified by the Certification Board for Music Therapists or
  130  credentialed by the Art Therapy Credentials Board, Inc.
  131         (5) TERM OF SCHOLARSHIP.—For purposes of continuity of
  132  educational choice:
  133         (a)1. A scholarship funded awarded to an eligible student
  134  pursuant to paragraph (3)(a) shall remain in force until:
  135         a. The organization determines that the student is not
  136  eligible for program renewal;
  137         b. The Commissioner of Education suspends or revokes
  138  program participation or use of funds;
  139         c. The student’s parent has forfeited participation in the
  140  program for failure to comply with subsection (10);
  141         d. The student, who uses the scholarship for tuition and
  142  fees pursuant to subparagraph (4)(a)1., enrolls in a public
  143  school. However, if a student enters a Department of Juvenile
  144  Justice detention center for a period of no more than 21 days,
  145  the student is not considered to have returned to a public
  146  school on a full-time basis for that purpose; or
  147         e. The student graduates from high school or attains 21
  148  years of age, whichever occurs first.
  149         2.a. The student’s scholarship account must be closed and
  150  any remaining funds shall revert to the state after:
  151         (I) Denial or revocation of program eligibility by the
  152  commissioner for fraud or abuse, including, but not limited to,
  153  the student or student’s parent accepting any payment, refund,
  154  or rebate, in any manner, from a provider of any services
  155  received pursuant to paragraph (4)(a); or
  156         (II) Two consecutive fiscal years in which an account has
  157  been inactive; or
  158         (III)A student remains unenrolled in an eligible private
  159  school for 30 days while receiving a scholarship that requires
  160  full-time enrollment.
  161         b. Reimbursements for program expenditures may continue
  162  until the account balance is expended or remaining funds have
  163  reverted to the state.
  164         (b)1. A scholarship funded awarded to an eligible student
  165  pursuant to paragraph (3)(b) shall remain in force until:
  166         a. The parent does not renew program eligibility;
  167         b. The organization determines that the student is not
  168  eligible for program renewal;
  169         c. The Commissioner of Education suspends or revokes
  170  program participation or use of funds;
  171         d. The student’s parent has forfeited participation in the
  172  program for failure to comply with subsection (10);
  173         e. The student enrolls full time in a public school; or
  174         f. The student graduates from high school or attains 22
  175  years of age, whichever occurs first.
  176         2. Reimbursements for program expenditures may continue
  177  until the account balance is expended or the account is closed.
  178         3. A student’s scholarship account must be closed and any
  179  remaining funds, including, but not limited to, contributions
  180  made to the Stanley G. Tate Florida Prepaid College Program or
  181  earnings from or contributions made to the Florida College
  182  Savings Program using program funds pursuant to subparagraph
  183  (4)(b)6., shall revert to the state after:
  184         a. Denial or revocation of program eligibility by the
  185  commissioner for fraud or abuse, including, but not limited to,
  186  the student or student’s parent accepting any payment, refund,
  187  or rebate, in any manner, from a provider of any services
  188  received pursuant to subsection (4);
  189         b. Any period of 3 consecutive years after high school
  190  completion or graduation during which the student has not been
  191  enrolled in an eligible postsecondary educational institution or
  192  a program offered by the institution; or
  193         c. Two consecutive fiscal years in which an account has
  194  been inactive.
  195         (c) Upon reasonable notice to the organization and the
  196  school district, the student’s parent may remove the student
  197  from the participating private school and place the student in a
  198  public school in accordance with this section.
  199         (6) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
  200  a Family Empowerment Scholarship while he or she is:
  201         (a) Enrolled full time in a public school, including, but
  202  not limited to, the Florida School for the Deaf and the Blind,
  203  the College-Preparatory Boarding Academy, the Florida School for
  204  Competitive Academics, the Florida Virtual School, the Florida
  205  Scholars Academy, a developmental research school authorized
  206  under s. 1002.32, or a charter school authorized under this
  207  chapter. For purposes of this paragraph, a 3- or 4-year-old
  208  child who receives services funded through the Florida Education
  209  Finance Program is considered to be a student enrolled in a
  210  public school;
  211         (c) Receiving any other educational scholarship pursuant to
  212  this chapter. However, an eligible public school student
  213  receiving a scholarship under s. 1002.411 may receive a
  214  scholarship for transportation pursuant to subparagraph
  215  (4)(a)2.;
  216         (d) Not having regular and direct contact with his or her
  217  private school teachers pursuant to s. 1002.421(1)(i), unless he
  218  or she is eligible pursuant to paragraph (3)(b) and enrolled in
  219  the participating private school’s transition-to-work program
  220  pursuant to subsection (16) or a home education program pursuant
  221  to s. 1002.41;
  222         (7) SCHOOL DISTRICT OBLIGATIONS.—
  223         (d) Upon the request of the department, a school district
  224  shall coordinate with the department to provide to a
  225  participating private school the statewide assessments
  226  administered under s. 1008.22 and any related materials for
  227  administering the assessments. For a student who participates in
  228  the Family Empowerment Scholarship Program whose parent requests
  229  that the student take the statewide assessments under s.
  230  1008.22, the district in which the student attends a
  231  participating private school shall provide locations and times
  232  to take all statewide assessments. A school district is
  233  responsible for implementing test administrations at a
  234  participating private school, including the:
  235         1. Provision of training for private school staff on test
  236  security and assessment administration procedures;
  237         2. Distribution of testing materials to a private school;
  238         3. Retrieval of testing materials from a private school;
  239         4. Provision of the required format for a private school to
  240  submit information to the district for test administration and
  241  enrollment purposes; and
  242         5. Provision of any required assistance, monitoring, or
  243  investigation at a private school.
  244         (8) DEPARTMENT OF EDUCATION OBLIGATIONS.—
  245         (a) The department shall:
  246         1. Publish and update, as necessary, information on the
  247  department website about the Family Empowerment Scholarship
  248  Program, including, but not limited to, student eligibility
  249  criteria, parental responsibilities, and relevant data.
  250         2. Report, as part of the determination of full-time
  251  equivalent membership pursuant to s. 1011.62(1)(a), all
  252  scholarship students who are receiving a scholarship under the
  253  program and are funded through the Florida Education Finance
  254  Program, and cross-check the list of participating scholarship
  255  students submitted by the eligible nonprofit scholarship-funding
  256  organization with the full-time equivalent student membership
  257  survey data public school enrollment lists to avoid duplication.
  258         3. Maintain and annually publish a list of nationally norm
  259  referenced tests identified for purposes of satisfying the
  260  testing requirement in subparagraph (9)(c)1. The tests must meet
  261  industry standards of quality in accordance with state board
  262  rule.
  263         4. Notify eligible nonprofit scholarship-funding
  264  organizations of the deadlines for submitting the verified list
  265  of eligible scholarship students determined to be eligible for a
  266  scholarship. An eligible nonprofit scholarship-funding
  267  organization may not submit a student for funding after February
  268  1.
  269         5. Deny or terminate program participation upon a parent’s
  270  failure to comply with subsection (10).
  271         6. Notify the parent and the organization when a
  272  scholarship account is closed and program funds revert to the
  273  state.
  274         7. Notify an eligible nonprofit scholarship-funding
  275  organization of any of the organization’s or other
  276  organization’s identified students who are receiving
  277  scholarships under this chapter.
  278         8. Maintain on its website a list of approved providers as
  279  required by s. 1002.66, eligible postsecondary educational
  280  institutions, eligible private schools, and eligible
  281  organizations and may identify or provide links to lists of
  282  other approved providers.
  283         9. Require each organization to verify eligible
  284  expenditures before the distribution of funds for any
  285  expenditures made pursuant to subparagraphs (4)(b)1. and 2.
  286  Review of expenditures made for services specified in
  287  subparagraphs (4)(b)3.-15. may be completed after the purchase
  288  is made.
  289         10. Investigate any written complaint of a violation of
  290  this section by a parent, a student, a participating private
  291  school, a public school, a school district, an organization, a
  292  provider, or another appropriate party in accordance with the
  293  process established under s. 1002.421.
  294         11. Require quarterly reports by an organization, which
  295  must include, at a minimum, the number of students participating
  296  in the program; the demographics of program participants; the
  297  disability category of program participants; the matrix level of
  298  services, if known; the program award amount per student; the
  299  total expenditures for the purposes specified in paragraph
  300  (4)(b); the types of providers of services to students; the
  301  number of scholarship applications received, the number of
  302  applications processed within 30 days after receipt, and the
  303  number of incomplete applications received; data related to
  304  reimbursement submissions, including the average number of days
  305  for a reimbursement to be reviewed and the average number of
  306  days for a reimbursement to be approved; any parent input and
  307  feedback collected regarding the program; and any other
  308  information deemed necessary by the department.
  309         12. Notify eligible nonprofit scholarship-funding
  310  organizations that scholarships may not be awarded in a school
  311  district in which the award will exceed 99 percent of the school
  312  district’s share of state funding through the Florida Education
  313  Finance Program as calculated by the department.
  314         13. Adjust payments to eligible nonprofit scholarship
  315  funding organizations and, when the Florida Education Finance
  316  Program is recalculated, adjust the amount of state funds
  317  allocated to school districts through the Florida Education
  318  Finance Program based upon the results of the cross-check
  319  completed pursuant to subparagraph 2.
  320         (d)The department may provide guidance to a participating
  321  private school that submits a transition-to-work program plan
  322  pursuant to subsection (16).
  323         (9) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
  324  eligible to participate in the Family Empowerment Scholarship
  325  Program, a private school may be sectarian or nonsectarian and
  326  must:
  327         (b) Provide to the organization all documentation required
  328  for a student’s participation, including confirmation of the
  329  student’s admission to the private school, the private school’s
  330  and student’s fee schedules, and any other information required
  331  by the organization to process scholarship payment under
  332  subparagraph (12)(a)4. Such information must be provided by the
  333  deadlines established by the organization and in accordance with
  334  the requirements of this section at least 30 days before any
  335  quarterly scholarship payment is made for the student pursuant
  336  to paragraph (12)(a). A student is not eligible to receive a
  337  quarterly scholarship payment if the private school fails to
  338  meet the this deadline.
  339  
  340  If a private school fails to meet the requirements of this
  341  subsection or s. 1002.421, the commissioner may determine that
  342  the private school is ineligible to participate in the
  343  scholarship program.
  344         (10) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
  345  PARTICIPATION.—
  346         (a) A parent who applies for a scholarship applies for
  347  program participation under paragraph (3)(a) whose student will
  348  be enrolled full time in an eligible a private school must:
  349         1. Select an eligible the private school and apply for the
  350  admission of his or her student.
  351         2. Request the scholarship by the a date established by the
  352  organization, in a manner that creates a written or electronic
  353  record of the request and the date of receipt of the request.
  354         3.a.Beginning with new applications for the 2025-2026
  355  school year and thereafter, notify the organization by December
  356  15 that the scholarship is being accepted or declined.
  357         b.Beginning with renewal applications for the 2025-2026
  358  school year and thereafter, notify the organization by May 31
  359  that the scholarship is being renewed or declined.
  360         4.3. Inform the applicable school district when the parent
  361  withdraws his or her student from a public school to attend an
  362  eligible private school.
  363         5.4. Require his or her student participating in the
  364  program to remain in attendance at the eligible private school
  365  throughout the school year unless excused by the school for
  366  illness or other good cause.
  367         6.5. Meet with the eligible private school’s principal or
  368  the principal’s designee to review the school’s academic
  369  programs and policies, specialized services, code of student
  370  conduct, and attendance policies before enrollment.
  371         7.6. Require his or her that the student participating in
  372  the scholarship program to take takes the norm-referenced
  373  assessment offered by the eligible private school. The parent
  374  may also choose to have the student participate in the statewide
  375  assessments pursuant to paragraph (7)(d). If the parent requests
  376  that the student participating in the program take all statewide
  377  assessments required pursuant to s. 1008.22, the parent is
  378  responsible for transporting the student to the assessment site
  379  designated by the school district.
  380         8.7. Approve each payment before the scholarship funds may
  381  be deposited by funds transfer pursuant to subparagraph
  382  (12)(a)4. The parent may not designate any entity or individual
  383  associated with the participating private school as the parent’s
  384  attorney in fact to approve a funds transfer. A participant who
  385  fails to comply with this paragraph forfeits the scholarship.
  386         9.8. Agree to have the organization commit scholarship
  387  funds on behalf of his or her student for tuition and fees for
  388  which the parent is responsible for payment at the eligible
  389  private school before using scholarship empowerment account
  390  funds for additional authorized uses under paragraph (4)(a). A
  391  parent is responsible for all eligible expenses in excess of the
  392  amount of the scholarship.
  393         10.Comply with the scholarship application and renewal
  394  processes and requirements established by the organization.
  395         (b) A parent who applies for a scholarship applies for
  396  program participation under paragraph (3)(b) is exercising his
  397  or her parental option to determine the appropriate placement or
  398  the services that best meet the needs of his or her child and
  399  must:
  400         1. Apply to an eligible nonprofit scholarship-funding
  401  organization to participate in the program by a date set by the
  402  organization. The request must be communicated directly to the
  403  organization in a manner that creates a written or electronic
  404  record of the request and the date of receipt of the request.
  405         2.a.Beginning with new applications for the 2025-2026
  406  school year and thereafter, notify the organization by December
  407  15 that the scholarship is being accepted or declined.
  408         b.Beginning with renewal applications for the 2025-2026
  409  school year and thereafter, notify the organization by May 31
  410  that the scholarship is being renewed or declined.
  411         3.2. Sign an agreement with the organization and annually
  412  submit a sworn compliance statement to the organization to
  413  satisfy or maintain program eligibility, including eligibility
  414  to receive and spend program payments by:
  415         a. Affirming that the student is enrolled in a program that
  416  meets regular school attendance requirements as provided in s.
  417  1003.01(16)(b), (c), or (d).
  418         b. Affirming that the program funds are used only for
  419  authorized purposes serving the student’s educational needs, as
  420  described in paragraph (4)(b); that any prepaid college plan or
  421  college savings plan funds contributed pursuant to subparagraph
  422  (4)(b)6. will not be transferred to another beneficiary while
  423  the plan contains funds contributed pursuant to this section;
  424  and that they will not receive a payment, refund, or rebate of
  425  any funds provided under this section.
  426         c. Affirming that the parent is responsible for all
  427  eligible expenses in excess of the amount of the scholarship and
  428  for the education of his or her student by, as applicable:
  429         (I) Requiring the student to take an assessment in
  430  accordance with paragraph (9)(c);
  431         (II) Providing an annual evaluation in accordance with s.
  432  1002.41(1)(f); or
  433         (III) Requiring the child to take any preassessments and
  434  postassessments selected by the provider if the child is 4 years
  435  of age and is enrolled in a program provided by an eligible
  436  Voluntary Prekindergarten Education Program provider. A student
  437  with disabilities for whom the physician or psychologist who
  438  issued the diagnosis or the IEP team determines that a
  439  preassessment and postassessment is not appropriate is exempt
  440  from this requirement. A participating provider shall report a
  441  student’s scores to the parent.
  442         d. Affirming that the student remains in good standing with
  443  the provider or school if those options are selected by the
  444  parent.
  445         e. Enrolling his or her child in a program from a Voluntary
  446  Prekindergarten Education Program provider authorized under s.
  447  1002.55, a school readiness provider authorized under s.
  448  1002.88, a prekindergarten program offered by an eligible
  449  private school, or an eligible private school if either option
  450  is selected by the parent.
  451         f. Comply with the scholarship application and renewal
  452  processes and requirements established by the organization
  453  Renewing participation in the program each year. A student whose
  454  participation in the program is not renewed may continue to
  455  spend scholarship funds that are in his or her account from
  456  prior years unless the account must be closed pursuant to
  457  subparagraph (5)(b)3. Notwithstanding any changes to the
  458  student’s IEP, a student who was previously eligible for
  459  participation in the program shall remain eligible to apply for
  460  renewal. However, for a high-risk child to continue to
  461  participate in the program in the school year after he or she
  462  reaches 6 years of age, the child’s application for renewal of
  463  program participation must contain documentation that the child
  464  has a disability defined in paragraph (2)(e) other than high
  465  risk status.
  466         g. Procuring the services necessary to educate the student.
  467  If such services include enrollment in an eligible private
  468  school, the parent must meet with the private school’s principal
  469  or the principal’s designee to review the school’s academic
  470  programs and policies, specialized services, code of student
  471  conduct, and attendance policies before his or her student is
  472  enrolled. The parent must also approve each payment to the
  473  eligible private school before the scholarship funds may be
  474  deposited by funds transfer pursuant to subparagraph (12)(a)4.
  475  The parent may not designate any entity or individual associated
  476  with the eligible private school as the parent’s attorney in
  477  fact to approve a funds transfer. When the student receives a
  478  scholarship, the district school board is not obligated to
  479  provide the student with a free appropriate public education.
  480  For purposes of s. 1003.57 and the Individuals with Disabilities
  481  in Education Act, a participating student has only those rights
  482  that apply to all other unilaterally parentally placed students,
  483  except that, when requested by the parent, school district
  484  personnel must develop an IEP or matrix level of services.
  485         (c)A parent may not apply for multiple scholarships under
  486  this section and s. 1002.395 for an individual student at the
  487  same time.
  488         (d)(c) A participant who fails to comply with this
  489  subsection forfeits the scholarship.
  490         (11) OBLIGATIONS OF ELIGIBLE SCHOLARSHIP-FUNDING
  491  ORGANIZATIONS.—
  492         (a) An eligible nonprofit scholarship-funding organization
  493  awarding scholarships to eligible students pursuant to paragraph
  494  (3)(a) shall:
  495         1. Establish a process for parents who are in compliance
  496  with paragraph (10)(a) to renew their students’ scholarships.
  497  Renewal applications for the 2025-2026 school year and
  498  thereafter must provide for a renewal timeline beginning
  499  February 1 of the prior school year and ending April 30 of the
  500  prior school year. A student’s renewal is contingent upon an
  501  eligible private school providing confirmation of student
  502  admission pursuant to subsection (9). The process must require
  503  that parents confirm that the scholarship is being renewed or
  504  declined by May 31.
  505         2.Establish a process that allows a parent to apply for a
  506  new scholarship. The process may begin no earlier than February
  507  1 of the prior school year and must authorize submission of
  508  applications until November 15. The process must be in a manner
  509  that creates a written or electronic record of the application
  510  request and the date of receipt of the application request.
  511  Applications received after the deadline may be considered for
  512  scholarship award in the subsequent fiscal year. The process
  513  must require that parents confirm that the scholarship is being
  514  accepted or declined by December 15. Must receive applications,
  515  determine student eligibility, notify parents in accordance with
  516  the requirements of this section, and provide the department
  517  with information on the student to enable the department to
  518  determine student funding in accordance with paragraph (12)(a).
  519         3.2.Shall Verify the household income level of students
  520  seeking priority eligibility and submit the verified list of
  521  students and related documentation to the department when
  522  necessary.
  523         4.3.Shall Award scholarships in priority order pursuant to
  524  paragraph (3)(a).
  525         5.4.Shall Establish and maintain separate scholarship
  526  empowerment accounts for each eligible student. For each
  527  account, the organization must maintain a record of accrued
  528  interest that is retained in the student’s account and available
  529  only for authorized program expenditures.
  530         6.5.May Permit eligible students to use program funds for
  531  the purposes specified in paragraph (4)(a), as authorized in the
  532  organization’s purchasing handbook, by paying for the authorized
  533  use directly, then submitting a reimbursement request to the
  534  eligible nonprofit scholarship-funding organization. However, an
  535  eligible nonprofit scholarship-funding organization may require
  536  the use of an online platform for direct purchases of products
  537  so long as such use does not limit a parent’s choice of
  538  curriculum or academic programs. If a parent purchases a product
  539  identical to one offered by an organization’s online platform
  540  for a lower price, the organization must shall reimburse the
  541  parent the cost of the product.
  542         6.May, from eligible contributions received pursuant to s.
  543  1002.395(6)(l)1., use an amount not to exceed 2.5 percent of the
  544  total amount of all scholarships funded under this section for
  545  administrative expenses associated with performing functions
  546  under this section. An eligible nonprofit scholarship-funding
  547  organization that has, for the prior fiscal year, complied with
  548  the expenditure requirements of s. 1002.395(6)(l)2., may use an
  549  amount not to exceed 3 percent. Such administrative expense
  550  amount is considered within the 3 percent limit on the total
  551  amount an organization may use to administer scholarships under
  552  this chapter.
  553         7. Must, In a timely manner, submit the verified list of
  554  students and any information requested by the department
  555  relating to the scholarship under this section.
  556         8. Must Notify the department about any violation of this
  557  section.
  558         9. Must Document each student’s eligibility for a fiscal
  559  year before granting a scholarship for that fiscal year. A
  560  student is ineligible for a scholarship if the student’s account
  561  has been inactive for 2 consecutive fiscal years.
  562         10. Must Notify each parent that participation in the
  563  scholarship program does not guarantee enrollment.
  564         11. Shall Commit scholarship funds on behalf of the student
  565  for tuition and fees for which the parent is responsible for
  566  payment at the participating private school before using
  567  scholarship empowerment account funds for additional authorized
  568  uses under paragraph (4)(a).
  569         (b) An eligible nonprofit scholarship-funding organization
  570  awarding scholarships to eligible students pursuant to paragraph
  571  (3)(b) shall:
  572         1.Establish a process for parents who are in compliance
  573  with paragraph (10)(b) to renew their students’ scholarships.
  574  Renewal applications for the 2025-2026 school year and
  575  thereafter must provide for a renewal timeline beginning
  576  February 1 of the prior school year and ending April 30 of the
  577  prior school year. A student’s renewal is contingent upon an
  578  eligible private school providing confirmation of student
  579  admission pursuant to subsection (9), if applicable. The process
  580  must require that parents confirm that the scholarship is being
  581  renewed or declined by May 31.
  582         2.Establish a process that allows a parent to apply for a
  583  new scholarship. The process may begin no earlier than February
  584  1 of the prior school year and must authorize the submission of
  585  applications until November 15. The process must be in a manner
  586  that creates a written or electronic record of the application
  587  request and the date of receipt of the application request.
  588  Applications received after the deadline may be considered for
  589  scholarship award in the subsequent fiscal year. The process
  590  must require that parents confirm that the scholarship is being
  591  accepted or declined by December 15.
  592         1.Receive applications, determine student eligibility, and
  593  notify parents in accordance with the requirements of this
  594  section. When an application is approved, the organization must
  595  provide the department with information on the student to enable
  596  the department to determine student funding in accordance with
  597  paragraph (12)(b).
  598         2.Establish a date by which a parent must confirm initial
  599  or continuing participation in the program.
  600         3. Review applications and award scholarships using the
  601  following priorities:
  602         a.For the 2021-2022 school year, a student who received a
  603  Gardiner Scholarship in the 2020-2021 school year and meets the
  604  eligibility requirements in paragraph (3)(b).
  605         a.b. Renewing students from the previous school year.
  606         c.Students retained on the previous school year’s wait
  607  list.
  608         b.d. An eligible student who meets the criteria for an
  609  initial award pursuant to paragraph (3)(b) on a first-come,
  610  first-served basis.
  611  
  612  An approved student who does not receive a scholarship must be
  613  placed on the wait list in the order in which his or her
  614  application is approved. A student who does not receive a
  615  scholarship within the fiscal year shall be retained on the wait
  616  list for the subsequent fiscal year.
  617         4. Establish and maintain separate accounts for each
  618  eligible student. For each account, the organization must
  619  maintain a record of accrued interest that is retained in the
  620  student’s account and available only for authorized program
  621  expenditures.
  622         5. Verify qualifying educational expenditures pursuant to
  623  the requirements of paragraph (4)(b).
  624         6. Return any remaining program funds to the department
  625  pursuant to paragraph (6)(b).
  626         7. Notify the parent about the availability of, and the
  627  requirements associated with requesting, an initial IEP or IEP
  628  reevaluation every 3 years for each student participating in the
  629  program.
  630         8.Notify the parent of available state and local services,
  631  including, but not limited to, services under chapter 413.
  632         9.In a timely manner, submit to the department the
  633  verified list of eligible scholarship students and any
  634  information requested by the department relating to the
  635  scholarship under this section.
  636         10.8. Notify the department of any violation of this
  637  section.
  638         11.9. Document each scholarship student’s eligibility for a
  639  fiscal year before granting a scholarship for that fiscal year
  640  pursuant to paragraph (3)(b). A student is ineligible for a
  641  scholarship if the student’s account has been inactive for 2
  642  consecutive fiscal years.
  643         (c)An eligible nonprofit scholarship-funding organization
  644  may, from eligible contributions received pursuant to s.
  645  1002.395(6)(l)1., use an amount not to exceed 2.5 percent of the
  646  total amount of all scholarships funded under this section for
  647  administrative expenses associated with performing functions
  648  under this section. An organization that, for the prior fiscal
  649  year, has complied with the expenditure requirements of s.
  650  1002.395(6)(l)3. may use an amount not to exceed 3 percent. Such
  651  administrative expense amount is considered within the 3-percent
  652  limit on the total amount an organization may use to administer
  653  scholarships under this chapter.
  654         (d)An eligible nonprofit scholarship-funding organization
  655  shall establish a process to collect input and feedback from
  656  parents, private schools, and providers before implementing
  657  substantial modifications or enhancements to the reimbursement
  658  process.
  659         (12) SCHOLARSHIP FUNDING AND PAYMENT.—
  660         (a)1. Scholarships for students determined eligible
  661  pursuant to paragraph (3)(a) may be funded once all scholarships
  662  have been funded in accordance with s. 1002.395(6)(l)2. The
  663  calculated scholarship amount for a participating student
  664  determined eligible pursuant to paragraph (3)(a) shall be based
  665  upon the grade level and school district in which the student
  666  was assigned as 100 percent of the funds per unweighted full
  667  time equivalent in the Florida Education Finance Program for a
  668  student in the basic program established pursuant to s.
  669  1011.62(1)(c)1., plus a per-full-time equivalent share of funds
  670  for the categorical programs established in s. 1011.62(5),
  671  (7)(a), and (16), as funded in the General Appropriations Act.
  672         2. A scholarship of $750 or an amount equal to the school
  673  district expenditure per student riding a school bus, as
  674  determined by the department, whichever is greater, may be
  675  awarded to an eligible student who is enrolled in a Florida
  676  public school that is different from the school to which the
  677  student was assigned or in a lab school as defined in s. 1002.32
  678  if the school district does not provide the student with
  679  transportation to the school.
  680         3.a.For renewing scholarship students, the organization
  681  must provide the department with the documentation necessary to
  682  verify the student’s continued eligibility to participate in the
  683  scholarship program at least 30 days before each payment
  684  participation. Upon receiving the verified list of eligible
  685  scholarship students documentation, the department shall release
  686  transfer, beginning August 1, from state funds only, the amount
  687  calculated pursuant to subparagraph 1. 2. to the organization
  688  for deposit into the student’s account in quarterly payments no
  689  later than August 1, November 1, February 1, and April 1 of
  690  quarterly disbursement to parents of participating students each
  691  school year in which the scholarship is in force.
  692         b.For new scholarship students, the organization must
  693  verify the student’s eligibility to participate in the
  694  scholarship program at least 30 days before each payment. Upon
  695  receiving the verified list of eligible scholarship students,
  696  the department shall release, from state funds only, the amount
  697  calculated pursuant to subparagraph 1. to the organization for
  698  deposit into the student’s account in quarterly payments no
  699  later than September 1, November 1, February 1, and April 1 of
  700  each school year in which the scholarship is in force. For a
  701  student exiting a Department of Juvenile Justice commitment
  702  program who chooses to participate in the scholarship program,
  703  the amount calculated pursuant to subparagraph 1. must be
  704  transferred from the school district in which the student last
  705  attended a public school before commitment to the Department of
  706  Juvenile Justice.
  707         c.The department is authorized to release the state funds
  708  contingent upon verification that the organization will comply
  709  with s. 1002.395(6)(l) based upon the organization’s submitted
  710  verified list of eligible scholarship students pursuant to s.
  711  1002.395 For a student exiting a Department of Juvenile Justice
  712  commitment program who chooses to participate in the scholarship
  713  program, the amount of the Family Empowerment Scholarship
  714  calculated pursuant to subparagraph 2. must be transferred from
  715  the school district in which the student last attended a public
  716  school before commitment to the Department of Juvenile Justice.
  717  When a student enters the scholarship program, the organization
  718  must receive all documentation required for the student’s
  719  participation, including the private school’s and the student’s
  720  fee schedules, at least 30 days before the first quarterly
  721  scholarship payment is made for the student.
  722         4. The initial payment shall be made after the
  723  organization’s verification of admission acceptance, and
  724  subsequent payments shall be made upon verification of continued
  725  enrollment and attendance at the participating private school.
  726  Payments for tuition and fees for full-time enrollment shall be
  727  made within 7 business days after approval by the parent
  728  pursuant to paragraph (10)(a) and the private school pursuant to
  729  paragraph (9)(b). Payment must be by funds transfer or any other
  730  means of payment that the department deems to be commercially
  731  viable or cost-effective. An organization shall ensure that the
  732  parent has approved a funds transfer before any scholarship
  733  funds are deposited.
  734         5. An organization may not transfer any funds to an account
  735  of a student determined eligible pursuant to paragraph (3)(a)
  736  which has a balance in excess of $24,000.
  737         (b)1. For the 2024-2025 2023-2024, school year, the maximum
  738  number of scholarships funded students participating in the
  739  scholarship program under paragraph (3)(b) shall be 72,615 the
  740  number of students the organization and the department
  741  determined eligible pursuant to this section. Beginning in the
  742  2025-2026 2024-2025 school year, the maximum number of
  743  scholarships funded students participating in the scholarship
  744  program under paragraph (3)(b) shall annually increase by 5 3.0
  745  percent of the state’s total exceptional student education full
  746  time equivalent student membership, not including gifted
  747  students. The maximum number of scholarships funded shall
  748  increase by 1 percent of the state’s total exceptional student
  749  education full-time equivalent student membership, not including
  750  gifted students, in the school year following any school year in
  751  which the number of scholarships funded exceeds 95 percent of
  752  the number of available scholarships for that school year. An
  753  eligible student who meets any of the following requirements
  754  shall be excluded from the maximum number of students if the
  755  student:
  756         a. Received specialized instructional services under the
  757  Voluntary Prekindergarten Education Program pursuant to s.
  758  1002.66 during the previous school year and the student has a
  759  current IEP developed by the district school board in accordance
  760  with rules of the State Board of Education;
  761         b. Is a dependent child of a law enforcement officer or a
  762  member of the United States Armed Forces, a foster child, or an
  763  adopted child; or
  764         c. Spent the prior school year in attendance at a Florida
  765  public school or the Florida School for the Deaf and the Blind.
  766  For purposes of this subparagraph, the term “prior school year
  767  in attendance” means that the student was enrolled and reported
  768  by:
  769         (I) A school district for funding during either the
  770  preceding October or February full-time equivalent student
  771  membership surveys in kindergarten through grade 12, which
  772  includes time spent in a Department of Juvenile Justice
  773  commitment program if funded under the Florida Education Finance
  774  Program;
  775         (II) The Florida School for the Deaf and the Blind during
  776  the preceding October or February full-time equivalent student
  777  membership surveys in kindergarten through grade 12;
  778         (III) A school district for funding during the preceding
  779  October or February full-time equivalent student membership
  780  surveys, was at least 4 years of age when enrolled and reported,
  781  and was eligible for services under s. 1003.21(1)(e); or
  782         (IV) Received a John M. McKay Scholarship for Students with
  783  Disabilities in the 2021-2022 school year.
  784         2. For a student who has a Level I to Level III matrix of
  785  services or a diagnosis by a physician or psychologist, the
  786  calculated scholarship amount for a student participating in the
  787  program must be based upon the grade level and school district
  788  in which the student would have been enrolled as the total funds
  789  per unweighted full-time equivalent in the Florida Education
  790  Finance Program for a student in the basic exceptional student
  791  education program pursuant to s. 1011.62(1)(c) and (d), plus a
  792  per full-time equivalent share of funds for the categorical
  793  programs established in s. 1011.62(5), (7)(a), (8), and (16), as
  794  funded in the General Appropriations Act. For the categorical
  795  program established in s. 1011.62(8), the funds must be
  796  allocated based on the school district’s average exceptional
  797  student education guaranteed allocation funds per exceptional
  798  student education full-time equivalent student.
  799         3. For a student with a Level IV or Level V matrix of
  800  services, the calculated scholarship amount must be based upon
  801  the school district to which the student would have been
  802  assigned as the total funds per full-time equivalent for the
  803  Level IV or Level V exceptional student education program
  804  pursuant to s. 1011.62(1)(c)2.a. or b., plus a per-full time
  805  equivalent share of funds for the categorical programs
  806  established in s. 1011.62(5), (7)(a), and (16), as funded in the
  807  General Appropriations Act.
  808         4. For a student who received a Gardiner Scholarship
  809  pursuant to former s. 1002.385 in the 2020-2021 school year, the
  810  amount shall be the greater of the amount calculated pursuant to
  811  subparagraph 2. or the amount the student received for the 2020
  812  2021 school year.
  813         5. For a student who received a John M. McKay Scholarship
  814  pursuant to former s. 1002.39 in the 2020-2021 school year, the
  815  amount shall be the greater of the amount calculated pursuant to
  816  subparagraph 2. or the amount the student received for the 2020
  817  2021 school year.
  818         6. The organization must provide the department with the
  819  documentation necessary to verify the student’s eligibility to
  820  participate in the scholarship program at least 30 days before
  821  each payment participation.
  822         7.a.For renewing scholarship students, upon receiving the
  823  verified list of eligible scholarship students, the department
  824  shall release, from state funds only, the amount calculated
  825  pursuant to subparagraph 1. to the organization for deposit into
  826  the student’s account in quarterly payments no later than August
  827  1, November 1, February 1, and April 1 of each school year in
  828  which the scholarship is in force.
  829         b.For new scholarship students, upon receiving the
  830  verified list of eligible scholarship students documentation,
  831  the department shall release, from state funds only, the amount
  832  calculated pursuant to subparagraph 1. student’s scholarship
  833  funds to the organization for deposit, to be deposited into the
  834  student’s account in quarterly payments four equal amounts no
  835  later than September 1, November 1, February 1, and April 1 of
  836  each school year in which the scholarship is in force.
  837         8.If a scholarship student is attending an eligible
  838  private school full time, the initial payment shall be made
  839  after the organization’s verification of admission acceptance,
  840  and subsequent payments shall be made upon verification of
  841  continued enrollment and attendance at the eligible private
  842  school. Payments for tuition and fees for full-time enrollment
  843  shall be made within 7 business days after approval by the
  844  parent pursuant to paragraph (10)(b) and the private school
  845  pursuant to paragraph (9)(b).
  846         9.8. Accrued interest in the student’s account is in
  847  addition to, and not part of, the awarded funds. Program funds
  848  include both the awarded funds and accrued interest.
  849         10.9. The organization may develop a system for payment of
  850  benefits by funds transfer, including, but not limited to, debit
  851  cards, electronic payment cards, or any other means of payment
  852  which the department deems to be commercially viable or cost
  853  effective. A student’s scholarship award may not be reduced for
  854  debit card or electronic payment fees. Commodities or services
  855  related to the development of such a system must be procured by
  856  competitive solicitation unless they are purchased from a state
  857  term contract pursuant to s. 287.056.
  858         11.10. An organization may not transfer any funds to an
  859  account of a student determined to be eligible pursuant to
  860  paragraph (3)(b) which has a balance in excess of $50,000.
  861         12.11. Moneys received pursuant to this section do not
  862  constitute taxable income to the qualified student or the parent
  863  of the qualified student.
  864         (c)An organization may not submit a new scholarship
  865  student for funding after February 1.
  866         (d)Within 30 days after the release of state funds
  867  pursuant to paragraphs (a) and (b), the eligible scholarship
  868  funding organization shall certify to the department the amount
  869  of funds distributed for student scholarships. If the amount of
  870  funds released by the department is more than the amount
  871  distributed by the organization, the department is authorized to
  872  adjust the amount of the overpayment in the subsequent quarterly
  873  payment release.
  874         (16) TRANSITION-TO-WORK PROGRAM.—A student with a
  875  disability who is determined eligible pursuant to paragraph
  876  (3)(b) who is at least 17 years, but not older than 22 years of
  877  age and who has not received a high school diploma or
  878  certificate of completion is eligible for enrollment in his or
  879  her participating private school’s transition-to-work program. A
  880  transition-to-work program shall consist of academic
  881  instruction, work skills training, and a volunteer or paid work
  882  experience.
  883         (a) To offer a transition-to-work program, a participating
  884  private school must:
  885         1. Develop a transition-to-work program plan, which must
  886  include a written description of the academic instruction and
  887  work skills training students will receive and the goals for
  888  students in the program.
  889         2. Submit the transition-to-work program plan to the Office
  890  of Independent Education and Parental Choice and consider any
  891  guidance provided by the department pursuant to paragraph (8)(d)
  892  relating to the plan.
  893         3. Develop a personalized transition-to-work program plan
  894  for each student enrolled in the program. The student’s parent,
  895  the student, and the school principal must sign the personalized
  896  plan. The personalized plan must be submitted to the Office of
  897  Independent Education and Parental Choice upon request by the
  898  office.
  899         4. Provide a release of liability form that must be signed
  900  by the student’s parent, the student, and a representative of
  901  the business offering the volunteer or paid work experience.
  902         5. Assign a case manager or job coach to visit the
  903  student’s job site on a weekly basis to observe the student and,
  904  if necessary, provide support and guidance to the student.
  905         6. Provide to the parent and student a quarterly report
  906  that documents and explains the student’s progress and
  907  performance in the program.
  908         7. Maintain accurate attendance and performance records for
  909  the student.
  910         (b) A student enrolled in a transition-to-work program
  911  must, at a minimum:
  912         1. Receive 15 instructional hours at the participating
  913  private school’s physical facility, which must include academic
  914  instruction and work skills training.
  915         2. Participate in 10 hours of work at the student’s
  916  volunteer or paid work experience.
  917         (c) To participate in a transition-to-work program, a
  918  business must:
  919         1. Maintain an accurate record of the student’s performance
  920  and hours worked and provide the information to the
  921  participating private school.
  922         2. Comply with all state and federal child labor laws.
  923         Section 4. Paragraph (c) of subsection (1), paragraphs (b)
  924  and (f) of subsection (2), subsection (3), paragraphs (a) and
  925  (c) of subsection (4), paragraphs (c) through (i) and (l), (p),
  926  (q), (t), (u), and (w) of subsection (6), subsections (7) and
  927  (8), paragraphs (d), (e), (f), and (i) of subsection (9),
  928  paragraph (b) of subsection (10), paragraphs (c), (f), and (h)
  929  of subsection (11), and subsection (15) of section 1002.395,
  930  Florida Statutes, are amended, and paragraph (y) is added to
  931  subsection (6) and paragraph (i) is added to subsection (11) of
  932  that section, to read:
  933         1002.395 Florida Tax Credit Scholarship Program.—
  934         (1) FINDINGS AND PURPOSE.—
  935         (c) The purpose of this section is not to prescribe the
  936  standards or curriculum for participating private schools. A
  937  participating private school retains the authority to determine
  938  its own standards and curriculum.
  939         (2) DEFINITIONS.—As used in this section, the term:
  940         (b) “Choice navigator” means an individual who meets the
  941  requirements of sub-subparagraph (6)(d)4.h. (6)(d)2.h. and who
  942  provides consultations, at a mutually agreed upon location, on
  943  the selection of, application for, and enrollment in educational
  944  options addressing the academic needs of a student; curriculum
  945  selection; and advice on career and postsecondary education
  946  opportunities. However, nothing in this section authorizes a
  947  choice navigator to oversee or exercise control over the
  948  curricula or academic programs of a personalized education
  949  program.
  950         (f) “Eligible contribution” means a monetary contribution
  951  from a taxpayer, subject to the restrictions provided in this
  952  section, to an eligible nonprofit scholarship-funding
  953  organization pursuant to this section and ss. 212.099, 212.1831,
  954  and 212.1832, and 1002.40. The taxpayer making the contribution
  955  may not designate a specific child as the beneficiary of the
  956  contribution.
  957         (3) PROGRAM; INITIAL SCHOLARSHIP ELIGIBILITY.—
  958         (a) The Florida Tax Credit Scholarship Program is
  959  established.
  960         (b)1. A student is eligible for a Florida tax credit
  961  scholarship under this section if the student:
  962         a. Is a resident of this state or the dependent child of an
  963  active duty member of the United States Armed Forces who has
  964  received permanent change of station orders to this state or, at
  965  the time of renewal, whose home of record or state of legal
  966  residence is Florida; and
  967         b. Is eligible to enroll in kindergarten through grade 12
  968  in a public school in this state or received a scholarship under
  969  the Hope Scholarship Program in the 2023-2024 school year.
  970         2. Priority must be given in the following order:
  971         a. A student whose household income level does not exceed
  972  185 percent of the federal poverty level or who is in foster
  973  care or out-of-home care.
  974         b. A student whose household income level exceeds 185
  975  percent of the federal poverty level, but does not exceed 400
  976  percent of the federal poverty level.
  977         (4) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
  978  a scholarship while he or she is:
  979         (a) Enrolled full time in a public school, including, but
  980  not limited to, the Florida School for the Deaf and the Blind,
  981  the College-Preparatory Boarding Academy, the Florida School for
  982  Competitive Academics, the Florida Virtual School, the Florida
  983  Scholars Academy, a developmental research school authorized
  984  under s. 1002.32, or a charter school authorized under this
  985  chapter. For purposes of this paragraph, a 3- or 4-year-old
  986  child who receives services funded through the Florida Education
  987  Finance Program is considered a student enrolled full-time in a
  988  public school;
  989         (c) Receiving any other educational scholarship pursuant to
  990  this chapter. However, an eligible public school student
  991  receiving a scholarship under s. 1002.411 may receive a
  992  scholarship for transportation pursuant to subparagraph
  993  (6)(d)4.;
  994         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
  995  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
  996  organization:
  997         (c) Must not have an owner or operator, as defined in
  998  subparagraph (2)(k)1., who owns or operates an eligible private
  999  school that is participating in the scholarship program.
 1000         (d)1. For the 2023-2024 school year, may fund no more than
 1001  20,000 scholarships for students who are enrolled pursuant to
 1002  paragraph (7)(b). The number of scholarships funded for such
 1003  students may increase by 40,000 in each subsequent school year.
 1004  This subparagraph is repealed July 1, 2027.
 1005         2.Shall establish a process for parents who are in
 1006  compliance with paragraph (7)(a) to renew their students’
 1007  scholarships. Renewal applications for the 2025-2026 school year
 1008  and thereafter must provide for a renewal timeline beginning
 1009  February 1 of the prior school year and ending April 30 of the
 1010  prior school year. A student’s renewal is contingent upon an
 1011  eligible private school providing confirmation of admission
 1012  pursuant to subsection (8). The process must require that
 1013  parents confirm that the scholarship is being renewed or
 1014  declined by May 31.
 1015         3.Shall establish a process that allows a parent to apply
 1016  for a new scholarship. The process must be in a manner that
 1017  creates a written or electronic record of the application
 1018  request and the date of receipt of the application request. The
 1019  process must require that parents confirm that the scholarship
 1020  is being accepted or declined by a date set by the organization.
 1021         4.2. Must establish and maintain separate scholarship
 1022  empowerment accounts from eligible contributions for each
 1023  eligible student. For each account, the organization must
 1024  maintain a record of accrued interest retained in the student’s
 1025  account. The organization must verify that scholarship funds are
 1026  used for:
 1027         a. Tuition and fees for full-time or part-time enrollment
 1028  in an eligible private school.
 1029         b. Transportation to a Florida public school in which a
 1030  student is enrolled and that is different from the school to
 1031  which the student was assigned or to a lab school as defined in
 1032  s. 1002.32.
 1033         c. Instructional materials, including digital materials and
 1034  Internet resources.
 1035         d. Curriculum as defined in s. 1002.394(2).
 1036         e. Tuition and fees associated with full-time or part-time
 1037  enrollment in a home education instructional program; an
 1038  eligible postsecondary educational institution or a program
 1039  offered by the postsecondary educational institution, unless the
 1040  program is subject to s. 1009.25 or reimbursed pursuant to s.
 1041  1009.30; an approved preapprenticeship program as defined in s.
 1042  446.021(5) which is not subject to s. 1009.25 and complies with
 1043  all applicable requirements of the Department of Education
 1044  pursuant to chapter 1005; a private tutoring program authorized
 1045  under s. 1002.43; a virtual program offered by a department
 1046  approved private online provider that meets the provider
 1047  qualifications specified in s. 1002.45(2)(a); the Florida
 1048  Virtual School as a private paying student; or an approved
 1049  online course offered pursuant to s. 1003.499 or s. 1004.0961.
 1050         f. Fees for nationally standardized, norm-referenced
 1051  achievement tests, Advanced Placement Examinations, industry
 1052  certification examinations, assessments related to postsecondary
 1053  education, or other assessments.
 1054         g. Contracted services provided by a public school or
 1055  school district, including classes. A student who receives
 1056  contracted services under this sub-subparagraph is not
 1057  considered enrolled in a public school for eligibility purposes
 1058  as specified in subsection (11) but rather attending a public
 1059  school on a part-time basis as authorized under s. 1002.44.
 1060         h. Tuition and fees for part-time tutoring services or fees
 1061  for services provided by a choice navigator. Such services must
 1062  be provided by a person who holds a valid Florida educator’s
 1063  certificate pursuant to s. 1012.56, a person who holds an
 1064  adjunct teaching certificate pursuant to s. 1012.57, a person
 1065  who has a bachelor’s degree or a graduate degree in the subject
 1066  area in which instruction is given, a person who has
 1067  demonstrated a mastery of subject area knowledge pursuant to s.
 1068  1012.56(5), or a person certified by a nationally or
 1069  internationally recognized research-based training program as
 1070  approved by the Department of Education. As used in this
 1071  paragraph, the term “part-time tutoring services” does not
 1072  qualify as regular school attendance as defined in s.
 1073  1003.01(16)(e).
 1074         (e) For students determined eligible pursuant to paragraph
 1075  (7)(b), must:
 1076         1.Establish a process for parents who are in compliance
 1077  with subparagraph (7)(b)1. to apply for a new scholarship. New
 1078  scholarship applications for the 2025-2026 school year and
 1079  thereafter must provide for an application timeline beginning
 1080  February 1 of the prior school year and ending April 30 of the
 1081  prior school year. The process must require that parents confirm
 1082  that the scholarship is being accepted or declined by May 31.
 1083         2.Establish a process for parents who are in compliance
 1084  with paragraph (7)(b) to renew their students’ scholarships.
 1085  Renewal scholarship applications for the 2025-2026 school year
 1086  and thereafter must provide for a renewal timeline beginning
 1087  February 1 of the prior school year and ending April 30 of the
 1088  prior school year. The process must require that parents confirm
 1089  that the scholarship is being renewed or declined by May 31.
 1090         3.1. Maintain a signed agreement from the parent which
 1091  constitutes compliance with the attendance requirements under
 1092  ss. 1003.01(16) and 1003.21(1).
 1093         4.2. Receive eligible student test scores and, beginning
 1094  with the 2027-2028 school year, by August 15, annually report
 1095  test scores for students pursuant to paragraph (7)(b) to a state
 1096  university pursuant to paragraph (9)(f).
 1097         5.3. Provide parents with information, guidance, and
 1098  support to create and annually update a student learning plan
 1099  for their student. The organization must maintain the plan and
 1100  allow parents to electronically submit, access, and revise the
 1101  plan continuously.
 1102         6.4. Upon submission by the parent of an annual student
 1103  learning plan, fund a scholarship for a student determined
 1104  eligible.
 1105         (f) Must give first priority to eligible renewal students
 1106  who received a scholarship from an eligible nonprofit
 1107  scholarship-funding organization or from the State of Florida
 1108  during the previous school year. The eligible nonprofit
 1109  scholarship-funding organization must fully apply and exhaust
 1110  all funds available under this section and s. 1002.40(11)(i) for
 1111  renewal scholarship awards before awarding any initial
 1112  scholarships.
 1113         (g) Must provide a new renewal or initial scholarship to an
 1114  eligible student on a first-come, first-served basis unless the
 1115  student is seeking priority eligibility qualifies for priority
 1116  pursuant to subsection (3) paragraph (f).
 1117         (h) Each eligible nonprofit scholarship-funding
 1118  organization Must refer any student eligible for a scholarship
 1119  pursuant to this section who did not receive a renewal or
 1120  initial scholarship based solely on the lack of available funds
 1121  under this section and s. 1002.40(11)(i) to another eligible
 1122  nonprofit scholarship-funding organization that may have funds
 1123  available.
 1124         (i) May not restrict or reserve scholarships for use at a
 1125  particular eligible private school or provide scholarships to a
 1126  child of an owner or operator as defined in subparagraph
 1127  (2)(k)1.
 1128         (l)1. May use eligible contributions received pursuant to
 1129  this section and ss. 212.099, 212.1831, and 212.1832, and
 1130  1002.40 during the state fiscal year in which such contributions
 1131  are collected for administrative expenses if the organization
 1132  has operated as an eligible nonprofit scholarship-funding
 1133  organization for at least the preceding 3 fiscal years and did
 1134  not have any findings of material weakness or material
 1135  noncompliance in its most recent audit under paragraph (o) or is
 1136  in good standing in each state in which it administers a
 1137  scholarship program and the audited financial statements for the
 1138  preceding 3 fiscal years are free of material misstatements and
 1139  going concern issues. Administrative expenses from eligible
 1140  contributions may not exceed 3 percent of the total amount of
 1141  all scholarships funded by an eligible scholarship-funding
 1142  organization under this chapter. Such administrative expenses
 1143  must be reasonable and necessary for the organization’s
 1144  management and distribution of scholarships funded under this
 1145  chapter. Administrative expenses may include developing or
 1146  contracting with rideshare programs or facilitating carpool
 1147  strategies for recipients of a transportation scholarship under
 1148  s. 1002.394. No funds authorized under this subparagraph shall
 1149  be used for lobbying or political activity or expenses related
 1150  to lobbying or political activity. Up to one-third of the funds
 1151  authorized for administrative expenses under this subparagraph
 1152  may be used for expenses related to the recruitment of
 1153  contributions from taxpayers. An eligible nonprofit scholarship
 1154  funding organization may not charge an application fee.
 1155         2.Must expend for annual or partial-year scholarships 100
 1156  percent of any eligible contributions from the prior fiscal
 1157  year.
 1158         3.2. Must expend award for annual or partial-year
 1159  scholarships an amount equal to or greater than 75 percent of
 1160  all estimated net eligible contributions, as defined in
 1161  subsection (2), and all funds carried forward from the prior
 1162  state fiscal year remaining after administrative expenses during
 1163  the state fiscal year in which such eligible contributions are
 1164  collected before funding any scholarships to students determined
 1165  eligible pursuant to s. 1002.394(3)(a). No more than 25 percent
 1166  of such net eligible contributions may be carried forward to the
 1167  following state fiscal year. All amounts carried forward, for
 1168  audit purposes, must be specifically identified for particular
 1169  students, by student name and the name of the school to which
 1170  the student is admitted, subject to the requirements of ss.
 1171  1002.22 and 1002.221 and 20 U.S.C. s. 1232g, and the applicable
 1172  rules and regulations issued pursuant thereto. Any amounts
 1173  carried forward shall be expended for annual or partial-year
 1174  scholarships in the following state fiscal year. No later than
 1175  September 30 of each year, net Eligible contributions remaining
 1176  on June 30 of each year that are in excess of the 25 percent
 1177  that may be carried forward shall be used to provide
 1178  scholarships to eligible students or transferred to other
 1179  eligible nonprofit scholarship-funding organizations to provide
 1180  scholarships for eligible students. All transferred funds must
 1181  be deposited by each eligible nonprofit scholarship-funding
 1182  organization receiving such funds into its scholarship account.
 1183  All transferred amounts received by any eligible nonprofit
 1184  scholarship-funding organization must be separately disclosed in
 1185  the annual financial audit required under paragraph (o).
 1186         4.3. Must, before granting a scholarship for an academic
 1187  year, document each scholarship student’s eligibility for that
 1188  academic year. A scholarship-funding organization may not grant
 1189  multiyear scholarships in one approval process.
 1190         (p) Must prepare and submit quarterly reports to the
 1191  Department of Education pursuant to paragraph (9)(i). In
 1192  addition, an eligible nonprofit scholarship-funding organization
 1193  must submit in a timely manner the verified list of eligible
 1194  scholarship students and any information requested by the
 1195  Department of Education relating to the scholarship program.
 1196         (q)1.a. Must participate in the joint development of
 1197  agreed-upon procedures during the 2009-2010 state fiscal year.
 1198  The agreed-upon procedures must uniformly apply to all private
 1199  schools and must determine, at a minimum, whether the private
 1200  school has been verified as eligible by the Department of
 1201  Education under s. 1002.421; has an adequate accounting system,
 1202  system of financial controls, and process for deposit and
 1203  classification of scholarship funds; and has properly expended
 1204  scholarship funds for education-related expenses. During the
 1205  development of the procedures, the participating scholarship
 1206  funding organizations shall specify guidelines governing the
 1207  materiality of exceptions that may be found during the
 1208  accountant’s performance of the procedures. The procedures and
 1209  guidelines shall be provided to private schools and the
 1210  Commissioner of Education by March 15, 2011.
 1211         b. Must participate in a joint review of the agreed-upon
 1212  procedures and guidelines developed under sub-subparagraph a.,
 1213  by February of each biennium, if the scholarship-funding
 1214  organization provided more than $250,000 in scholarship funds
 1215  under this chapter during the state fiscal year preceding the
 1216  biennial review. If the procedures and guidelines are revised,
 1217  the revisions must be provided to private schools and the
 1218  Commissioner of Education by March 15 of the year in which the
 1219  revisions were completed. The revised agreed-upon procedures and
 1220  guidelines shall take effect the subsequent school year.
 1221         c. Must monitor the compliance of a participating private
 1222  school with s. 1002.421(1)(q) if the scholarship-funding
 1223  organization provided the majority of the scholarship funding to
 1224  the school. For each participating private school subject to s.
 1225  1002.421(1)(q), the appropriate scholarship-funding organization
 1226  shall annually notify the Commissioner of Education by October
 1227  30 of:
 1228         (I) A private school’s failure to submit a report required
 1229  under s. 1002.421(1)(q); or
 1230         (II) Any material exceptions set forth in the report
 1231  required under s. 1002.421(1)(q).
 1232         2. Must seek input from the accrediting associations that
 1233  are members of the Florida Association of Academic Nonpublic
 1234  Schools and the Department of Education when jointly developing
 1235  the agreed-upon procedures and guidelines under sub-subparagraph
 1236  1.a. and conducting a review of those procedures and guidelines
 1237  under sub-subparagraph 1.b.
 1238         (t)1. Must develop a participate in the joint development
 1239  of agreed-upon purchasing handbook that includes policies
 1240  guidelines for authorized uses of scholarship funds under
 1241  paragraph (d) and s. 1002.394(4)(a) this chapter. The handbook
 1242  must include, at a minimum, a routinely updated list of
 1243  prohibited items and services, and items or services that
 1244  require preauthorization or additional documentation. By August
 1245  1, 2024 December 31, 2023, and by each July 1 December 31
 1246  thereafter, the purchasing handbook guidelines must be provided
 1247  to the Commissioner of Education and published on the eligible
 1248  nonprofit scholarship-funding organization’s website. Published
 1249  purchasing guidelines shall remain in effect until there is
 1250  unanimous agreement to revise the guidelines, and the Any
 1251  revisions must be provided to the commissioner and published on
 1252  the organization’s website within 30 days after such revisions.
 1253         2.The organization shall assist the Florida Center for
 1254  Students with Unique Abilities established under s. 1004.6495
 1255  with the development of purchasing guidelines, which must
 1256  include a routinely updated list of prohibited items and
 1257  services, and items or services for which preauthorization or
 1258  additional documentation is required, for authorized uses of
 1259  scholarship funds under s. 1002.394(4)(b) and publish the
 1260  guidelines on the organization’s website.
 1261         3. If the organization fails to submit the purchasing
 1262  handbook required by subparagraph 1., the Department of
 1263  Education may assess a financial penalty, not to exceed $10,000,
 1264  as prescribed by State Board of Education rule. This
 1265  subparagraph expires July 1, 2026.
 1266         (u) May permit eligible students to use program funds for
 1267  the purposes specified in paragraph (d), as authorized in the
 1268  organization’s purchasing handbook, by paying for the authorized
 1269  use directly, then submitting a reimbursement request to the
 1270  eligible nonprofit scholarship-funding organization. However, an
 1271  eligible nonprofit scholarship-funding organization may require
 1272  the use of an online platform for direct purchases of products
 1273  so long as such use does not limit a parent’s choice of
 1274  curriculum or academic programs. If a parent purchases a product
 1275  identical to one offered by an organization’s online platform
 1276  for a lower price, the organization shall reimburse the parent
 1277  the cost of the product.
 1278         (w) Shall commit scholarship funds on behalf of the student
 1279  for tuition and fees for which the parent is responsible for
 1280  payment at the participating private school before using
 1281  scholarship empowerment account funds for additional authorized
 1282  uses under paragraph (d).
 1283         (y)Must establish a process to collect input and feedback
 1284  from parents, private schools, and providers before implementing
 1285  substantial modifications or enhancements to the reimbursement
 1286  process.
 1287  
 1288  Information and documentation provided to the Department of
 1289  Education and the Auditor General relating to the identity of a
 1290  taxpayer that provides an eligible contribution under this
 1291  section shall remain confidential at all times in accordance
 1292  with s. 213.053.
 1293         (7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
 1294  PARTICIPATION.—
 1295         (a) A parent who applies for a scholarship whose student
 1296  will be enrolled full time in an eligible a private school must:
 1297         1. Select an eligible private school and apply for the
 1298  admission of his or her child.
 1299         2.Request the scholarship by the date established by the
 1300  organization in a manner that creates a written or electronic
 1301  record of the request and the date of receipt of the request.
 1302         3.a.Beginning with new applications for the 2025-2026
 1303  school year and thereafter, notify the organization by a date
 1304  set by the organization that the scholarship is being accepted
 1305  or declined.
 1306         b.Beginning with renewal applications for the 2025-2026
 1307  school year and thereafter, notify the organization by May 31
 1308  that the scholarship is being renewed or declined.
 1309         4.2. Inform the applicable child’s school district when the
 1310  parent withdraws his or her student from a public school child
 1311  to attend an eligible private school.
 1312         5.3. Require his or her student participating in the
 1313  program to remain in attendance at the eligible private school
 1314  throughout the school year unless excused by the school for
 1315  illness or other good cause and comply with the private school’s
 1316  published policies.
 1317         6.4. Meet with the eligible private school’s principal or
 1318  the principal’s designee to review the school’s academic
 1319  programs and policies, specialized services, code of student
 1320  conduct, and attendance policies before enrollment in the
 1321  private school.
 1322         7.5. Require his or her student participating in the
 1323  program to take the norm-referenced assessment offered by the
 1324  participating private school. The parent may also choose to have
 1325  the student participate in the statewide assessments pursuant to
 1326  s. 1008.22. If the parent requests that the student
 1327  participating in the scholarship program take statewide
 1328  assessments pursuant to s. 1008.22 and the participating private
 1329  school has not chosen to offer and administer the statewide
 1330  assessments, the parent is responsible for transporting the
 1331  student to the assessment site designated by the school
 1332  district.
 1333         8.6. Approve each payment before the scholarship funds may
 1334  be deposited by funds transfer. The parent may not designate any
 1335  entity or individual associated with the participating private
 1336  school as the parent’s attorney in fact to approve a funds
 1337  transfer. A participant who fails to comply with this paragraph
 1338  forfeits the scholarship.
 1339         9.7. Authorize the nonprofit scholarship-funding
 1340  organization to access information needed for income eligibility
 1341  determination and verification held by other state or federal
 1342  agencies, including the Department of Revenue, the Department of
 1343  Children and Families, the Department of Education, the
 1344  Department of Commerce Economic Opportunity, and the Agency for
 1345  Health Care Administration, for students seeking priority
 1346  eligibility.
 1347         10.8. Agree to have the organization commit scholarship
 1348  funds on behalf of his or her student for tuition and fees for
 1349  which the parent is responsible for payment at the participating
 1350  private school before using scholarship empowerment account
 1351  funds for additional authorized uses under paragraph (6)(d). A
 1352  parent is responsible for all eligible expenses in excess of the
 1353  amount of the scholarship.
 1354         11.Comply with the scholarship application and renewal
 1355  processes and requirements established by the organization.
 1356         (b) A parent whose student will not be enrolled full time
 1357  in a public or private school must:
 1358         1. Apply to an eligible nonprofit scholarship-funding
 1359  organization to participate in the program as a personalized
 1360  education student by a date set by the organization. The request
 1361  must be communicated directly to the organization in a manner
 1362  that creates a written or electronic record of the request and
 1363  the date of receipt of the request. Beginning with new and
 1364  renewal applications for the 2025-2026 school year and
 1365  thereafter, notify the organization by May 31 that the
 1366  scholarship is being accepted, renewed, or declined.
 1367         2. Sign an agreement with the organization and annually
 1368  submit a sworn compliance statement to the organization to
 1369  satisfy or maintain program eligibility, including eligibility
 1370  to receive and spend program payments, by:
 1371         a. Affirming that the program funds are used only for
 1372  authorized purposes serving the student’s educational needs, as
 1373  described in paragraph (6)(d), and that they will not receive a
 1374  payment, refund, or rebate of any funds provided under this
 1375  section.
 1376         b. Affirming that the parent is responsible for all
 1377  eligible expenses in excess of the amount of the scholarship and
 1378  for the education of his or her student.
 1379         c. Submitting a student learning plan to the organization
 1380  and revising the plan at least annually before program renewal.
 1381         d. Requiring his or her student to take a nationally norm
 1382  referenced test identified by the Department of Education, or a
 1383  statewide assessment under s. 1008.22, and provide assessment
 1384  results to the organization before the student’s program
 1385  renewal.
 1386         e. Complying with the scholarship application and renewal
 1387  processes and requirements established by the organization
 1388  Renewing participation in the program each year. A student whose
 1389  participation in the program is not renewed may continue to
 1390  spend scholarship funds that are in his or her account from
 1391  prior years unless the account must be closed pursuant to s.
 1392  1002.394(5)(a)2.
 1393         f. Procuring the services necessary to educate the student.
 1394  When the student receives a scholarship, the district school
 1395  board is not obligated to provide the student with a free
 1396  appropriate public education.
 1397  
 1398  For purposes of this paragraph, full-time enrollment does not
 1399  include enrollment at a private school that addresses regular
 1400  and direct contact with teachers through the student learning
 1401  plan in accordance with s. 1002.421(1)(i).
 1402         (c)A parent may not apply for multiple scholarships under
 1403  this section and s. 1002.394 for an individual student at the
 1404  same time.
 1405  
 1406  An eligible nonprofit scholarship-funding organization may not
 1407  further regulate, exercise control over, or require
 1408  documentation beyond the requirements of this subsection unless
 1409  the regulation, control, or documentation is necessary for
 1410  participation in the program.
 1411         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
 1412  private school may be sectarian or nonsectarian and must:
 1413         (a) Comply with all requirements for private schools
 1414  participating in state school choice scholarship programs
 1415  pursuant to s. 1002.421.
 1416         (b)Provide to the organization all documentation required
 1417  for a student’s participation, including confirmation of the
 1418  student’s admission to the private school, the private school’s
 1419  and student’s fee schedules, and any other information required
 1420  by the organization to process scholarship payment pursuant to
 1421  paragraph (11)(c). Such information must be provided by the
 1422  deadlines established by the organization and in accordance with
 1423  the requirements of this section. A student is not eligible to
 1424  receive a quarterly scholarship payment if the private school
 1425  fails to meet the deadline.
 1426         (c)(b)1. Annually administer or make provision for students
 1427  participating in the scholarship program in grades 3 through 10
 1428  to take one of the nationally norm-referenced tests identified
 1429  by the department of Education or the statewide assessments
 1430  pursuant to s. 1008.22. Students with disabilities for whom
 1431  standardized testing is not appropriate are exempt from this
 1432  requirement. A participating private school must report a
 1433  student’s scores to the parent. A participating private school
 1434  must annually report by August 15 the scores of all
 1435  participating students to a state university described in
 1436  paragraph (9)(f).
 1437         2. Administer the statewide assessments pursuant to s.
 1438  1008.22 if a participating private school chooses to offer the
 1439  statewide assessments. A participating private school may choose
 1440  to offer and administer the statewide assessments to all
 1441  students who attend the participating private school in grades 3
 1442  through 10 and must submit a request in writing to the
 1443  Department of Education by March 1 of each year in order to
 1444  administer the statewide assessments in the subsequent school
 1445  year.
 1446  
 1447  If a participating private school fails to meet the requirements
 1448  of this subsection or s. 1002.421, the commissioner may
 1449  determine that the participating private school is ineligible to
 1450  participate in the scholarship program.
 1451         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
 1452  Education shall:
 1453         (d) Notify eligible nonprofit scholarship-funding
 1454  organizations of the deadlines for submitting the verified list
 1455  of eligible scholarship students; cross-check the verified list
 1456  of participating scholarship students with the public school
 1457  enrollment lists to avoid duplication; and, when the Florida
 1458  Education Finance Program is recalculated, adjust the amount of
 1459  state funds allocated to school districts through the Florida
 1460  Education Finance Program based upon the results of the cross
 1461  check.
 1462         (e) Maintain and annually publish a list of nationally
 1463  norm-referenced tests identified for purposes of satisfying the
 1464  testing requirement in subparagraph (8)(c)1. (8)(b)1. The tests
 1465  must meet industry standards of quality in accordance with State
 1466  Board of Education rule.
 1467         (f) Issue a project grant award to a state university, to
 1468  which participating private schools and eligible nonprofit
 1469  scholarship-funding organizations must report the scores of
 1470  participating students on the nationally norm-referenced tests
 1471  or the statewide assessments administered in grades 3 through
 1472  10. The project term is 2 years, and the amount of the project
 1473  is up to $250,000 per year. The project grant award must be
 1474  reissued in 2-year intervals in accordance with this paragraph.
 1475         1. The state university must annually report to the
 1476  Department of Education on the student performance of
 1477  participating students and, beginning with the 2027-2028 school
 1478  year, on the performance of personalized education students:
 1479         a. On a statewide basis. The report shall also include, to
 1480  the extent possible, a comparison of scholarship students’
 1481  performance to the statewide student performance of public
 1482  school students with socioeconomic backgrounds similar to those
 1483  of students participating in the scholarship program. To
 1484  minimize costs and reduce time required for the state
 1485  university’s analysis and evaluation, the Department of
 1486  Education shall coordinate with the state university to provide
 1487  data to the state university in order to conduct analyses of
 1488  matched students from public school assessment data and
 1489  calculate control group student performance using an agreed-upon
 1490  methodology with the state university; and
 1491         b. On an individual school basis for students enrolled full
 1492  time in a private school. The annual report must include student
 1493  performance for each participating private school in which
 1494  enrolled students in the private school participated in a
 1495  scholarship program under this section or, s. 1002.394(12)(a),
 1496  or s. 1002.40 in the prior school year. The report shall be
 1497  according to each participating private school, and for
 1498  participating students, in which there are at least 30
 1499  participating students who have scores for tests administered.
 1500  If the state university determines that the 30-participating
 1501  student cell size may be reduced without disclosing personally
 1502  identifiable information, as described in 34 C.F.R. s. 99.12, of
 1503  a participating student, the state university may reduce the
 1504  participating-student cell size, but the cell size must not be
 1505  reduced to less than 10 participating students. The department
 1506  shall provide each participating private school’s prior school
 1507  year’s student enrollment information to the state university no
 1508  later than June 15 of each year, or as requested by the state
 1509  university.
 1510         2. The sharing and reporting of student performance data
 1511  under this paragraph must be in accordance with requirements of
 1512  ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, the Family
 1513  Educational Rights and Privacy Act, and the applicable rules and
 1514  regulations issued pursuant thereto, and shall be for the sole
 1515  purpose of creating the annual report required by subparagraph
 1516  1. All parties must preserve the confidentiality of such
 1517  information as required by law. The annual report must not
 1518  disaggregate data to a level that will identify individual
 1519  participating schools, except as required under sub-subparagraph
 1520  1.b., or disclose the academic level of individual students.
 1521         3. The annual report required by subparagraph 1. shall be
 1522  published by the Department of Education on its website.
 1523         (i) Require quarterly reports by an eligible nonprofit
 1524  scholarship-funding organization regarding the number of
 1525  students participating in the scholarship program;, the private
 1526  schools at which the students are enrolled; the number of
 1527  scholarship applications received, the number of applications
 1528  processed within 30 days after receipt, and the number of
 1529  incomplete applications received; data related to reimbursement
 1530  submissions, including the average number of days for a
 1531  reimbursement to be reviewed and the average number of days for
 1532  a reimbursement to be approved; any parent input and feedback
 1533  collected regarding the program;, and any other information
 1534  deemed necessary by the Department of Education.
 1535         (10) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
 1536         (b) Upon the request of the Department of Education, a
 1537  school district shall coordinate with the department to provide
 1538  to a participating private school the statewide assessments
 1539  administered under s. 1008.22 and any related materials for
 1540  administering the assessments. A school district is responsible
 1541  for implementing test administrations at a participating private
 1542  school, including the:
 1543         1. Provision of training for participating private school
 1544  staff on test security and assessment administration procedures;
 1545         2. Distribution of testing materials to a participating
 1546  private school;
 1547         3. Retrieval of testing materials from a participating
 1548  private school;
 1549         4. Provision of the required format for a participating
 1550  private school to submit information to the district for test
 1551  administration and enrollment purposes; and
 1552         5. Provision of any required assistance, monitoring, or
 1553  investigation at a participating private school.
 1554         (11) SCHOLARSHIP AMOUNT AND PAYMENT.—
 1555         (c) If a scholarship student is attending an eligible
 1556  private school full time, the initial payment shall be made
 1557  after the organization’s verification of admission acceptance,
 1558  and subsequent payments shall be made upon verification of
 1559  continued enrollment and attendance at the eligible private
 1560  school. Payments shall be made within 7 business days after
 1561  approval by the parent pursuant to paragraph (7)(a) and the
 1562  private school pursuant to paragraph (8)(b) An eligible
 1563  nonprofit scholarship-funding organization shall obtain
 1564  verification from the private school of a student’s continued
 1565  attendance at the school for each period covered by a
 1566  scholarship payment.
 1567         (f) A scholarship awarded to an eligible student shall
 1568  remain in force until:
 1569         1. The organization determines that the student is not
 1570  eligible for program renewal;
 1571         2. The Commissioner of Education suspends or revokes
 1572  program participation or use of funds;
 1573         3. The student’s parent has forfeited participation in the
 1574  program for failure to comply with subsection (7);
 1575         4. The student who uses the scholarship for full-time
 1576  tuition and fees at an eligible private school pursuant to
 1577  paragraph (7)(a) enrolls full time in a public school. However,
 1578  if a student enters a Department of Juvenile Justice detention
 1579  center for a period of no more than 21 days, the student is not
 1580  considered to have returned to a public school on a full-time
 1581  basis for that purpose; or
 1582         5. The student graduates from high school or attains 21
 1583  years of age, whichever occurs first.
 1584         (h) A student’s scholarship account must be closed and any
 1585  remaining funds shall revert to the state after:
 1586         1. Denial or revocation of program eligibility by the
 1587  commissioner for fraud or abuse, including, but not limited to,
 1588  the student or student’s parent accepting any payment, refund,
 1589  or rebate, in any manner, from a provider of any services
 1590  received pursuant to paragraph (6)(d); or
 1591         2. Two consecutive fiscal years in which an account has
 1592  been inactive; or
 1593         3.The student remains unenrolled in an eligible private
 1594  school for 30 days while receiving a scholarship that requires
 1595  full-time enrollment.
 1596         (i)Moneys received pursuant to this section do not
 1597  constitute taxable income to the qualified student or the parent
 1598  of the qualified student.
 1599         (15) NONPROFIT SCHOLARSHIP-FUNDING ORGANIZATIONS;
 1600  APPLICATION.—In order to participate in the scholarship program
 1601  created under this section, a charitable organization that seeks
 1602  to be a nonprofit scholarship-funding organization must submit
 1603  an application for initial approval or renewal to the Office of
 1604  Independent Education and Parental Choice. The office shall
 1605  provide at least two application periods in which Charitable
 1606  organizations may apply at any time to participate in the
 1607  program.
 1608         (a) An application for initial approval must include:
 1609         1. A copy of the organization’s incorporation documents and
 1610  registration with the Division of Corporations of the Department
 1611  of State.
 1612         2. A copy of the organization’s Internal Revenue Service
 1613  determination letter as a s. 501(c)(3) not-for-profit
 1614  organization.
 1615         3. A description of the organization’s financial plan that
 1616  demonstrates sufficient funds to operate throughout the school
 1617  year.
 1618         4. A description of the geographic region that the
 1619  organization intends to serve and an analysis of the demand and
 1620  unmet need for eligible students in that area.
 1621         5. The organization’s organizational chart.
 1622         6. A description of the criteria and methodology that the
 1623  organization will use to evaluate scholarship eligibility.
 1624         7. A description of the application process, including
 1625  deadlines and any associated fees.
 1626         8. A description of the deadlines for attendance
 1627  verification and scholarship payments.
 1628         9. A copy of the organization’s policies on conflict of
 1629  interest and whistleblowers.
 1630         10. A copy of a surety bond or letter of credit to secure
 1631  the faithful performance of the obligations of the eligible
 1632  nonprofit scholarship-funding organization in accordance with
 1633  this section in an amount equal to 25 percent of the scholarship
 1634  funds anticipated for each school year or $100,000, whichever is
 1635  greater. The surety bond or letter of credit must specify that
 1636  any claim against the bond or letter of credit may be made only
 1637  by an eligible nonprofit scholarship-funding organization to
 1638  provide scholarships to and on behalf of students who would have
 1639  had scholarships funded if it were not for the diversion of
 1640  funds giving rise to the claim against the bond or letter of
 1641  credit.
 1642         (b) In addition to the information required by
 1643  subparagraphs (a)1.-9., an application for renewal must include:
 1644         1. A surety bond or letter of credit to secure the faithful
 1645  performance of the obligations of the eligible nonprofit
 1646  scholarship-funding organization in accordance with this section
 1647  equal to the amount of undisbursed donations held by the
 1648  organization based on the annual report submitted pursuant to
 1649  paragraph (6)(o). The amount of the surety bond or letter of
 1650  credit must be at least $100,000, but not more than $25 million.
 1651  The surety bond or letter of credit must specify that any claim
 1652  against the bond or letter of credit may be made only by an
 1653  eligible nonprofit scholarship-funding organization to provide
 1654  scholarships to and on behalf of students who would have had
 1655  scholarships funded if it were not for the diversion of funds
 1656  giving rise to the claim against the bond or letter of credit.
 1657         2. The organization’s completed Internal Revenue Service
 1658  Form 990 submitted no later than November 30 of the year before
 1659  the school year that the organization intends to offer the
 1660  scholarships, notwithstanding the department’s application
 1661  deadline.
 1662         3. A copy of the statutorily required audit to the
 1663  Department of Education and Auditor General.
 1664         4. An annual report that includes:
 1665         a. The number of students who completed applications, by
 1666  county and by grade.
 1667         b. The number of students who were approved for
 1668  scholarships, by county and by grade.
 1669         c. The number of students who received funding for
 1670  scholarships within each funding category, by county and by
 1671  grade.
 1672         d. The amount of funds received, the amount of funds
 1673  distributed in scholarships, and an accounting of remaining
 1674  funds and the obligation of those funds.
 1675         e. A detailed accounting of how the organization spent the
 1676  administrative funds allowable under paragraph (6)(l).
 1677         f. Documentation of compliance with the requirements of
 1678  paragraph (6)(t).
 1679  
 1680  ================= T I T L E  A M E N D M E N T ================
 1681  And the title is amended as follows:
 1682         Delete lines 21 - 74
 1683  and insert:
 1684         Program; providing that transition services are a
 1685         coordinated set of specified activities; authorizing
 1686         funds to be used for certain prekindergarten programs;
 1687         providing additional criteria for the closure of
 1688         scholarship accounts and the reversion of funds to the
 1689         state; prohibiting certain eligible students from
 1690         enrolling in public schools; providing an exemption to
 1691         a prohibition against receiving other educational
 1692         scholarships; revising the information that such
 1693         organizations must include in their quarterly reports;
 1694         authorizing the Department of Education to provide
 1695         guidance to certain private schools; revising the
 1696         documentation that private schools must provide to
 1697         such organizations; revising the process for parents
 1698         to provide certain notification to such organizations;
 1699         prohibiting a parent from applying for multiple
 1700         scholarships under specified programs for a single
 1701         student at the same time; requiring such organizations
 1702         to establish certain processes; requiring such
 1703         organizations to submit specified information to the
 1704         department; deleting a requirement that certain
 1705         students be placed on a wait list; requiring such
 1706         organizations to provide certain notification to
 1707         parents; revising provisions relating to a specified
 1708         administrative fee; revising provisions relating to
 1709         increasing the number of certain scholarships;
 1710         revising provisions relating to the payment and
 1711         disbursement of funds; amending s. 1002.395, F.S.;
 1712         revising eligibility requirements for the Florida Tax
 1713         Credit Scholarship Program; prohibiting certain
 1714         eligible students from enrolling in public schools;
 1715         providing an exemption to a prohibition against
 1716         receiving other educational scholarships; revising the
 1717         process for parents to provide certain notification to
 1718         such organizations; prohibiting a parent from applying
 1719         for multiple scholarships under specified programs for
 1720         a single student at the same time; requiring such
 1721         organizations to establish certain processes;
 1722         requiring organizations to develop a purchasing
 1723         handbook by a specified date; specifying minimum
 1724         requirements for the handbook; requiring such
 1725         organizations to assist the Florida Center for
 1726         Students with Unique Abilities with the development of
 1727         specified guidelines and to publish such guidelines on
 1728         their websites; authorizing the State Board of
 1729         Education to assess a financial penalty to an
 1730         organization in specified circumstances; revising
 1731         department notification requirements; revising the
 1732         information that such organizations must include in
 1733         their quarterly reports; revising provisions relating
 1734         to the payment and disbursement of funds; authorizing
 1735         a charitable organization to apply at any time to
 1736         participate in the program as a scholarship-funding
 1737         organization; requiring a renewing organization to
 1738         provide documentation of compliance with specified
 1739         requirements; amending s. 1002.40, F.S.; revising