Florida Senate - 2026 SB 318
By Senator Gaetz
1-01048A-26 2026318__
1 A bill to be entitled
2 An act relating to educational scholarship programs;
3 creating s. 1011.687, F.S.; creating a categorical
4 fund for implementing the Family Empowerment
5 Scholarship Program; providing requirements for the
6 use and disbursement of funds; defining the term
7 “full-time equivalent student”; requiring the
8 Department of Education to release funds if certain
9 criteria are met; providing requirements for the
10 release of each payment; providing requirements for
11 excess funds; providing that the department has access
12 to certain records; creating s. 1011.689, F.S.;
13 creating the educational enrollment stabilization
14 program to provide supplemental state funds to address
15 changes in full-time equivalent student enrollment;
16 requiring the department to use funds to ensure that a
17 school district’s funds are not lower than a specified
18 calculation; providing for the calculation of the
19 supplemental payment; requiring the department to
20 ensure funding is available for certain scholarship
21 programs; requiring the department to appropriate
22 funds from the General Appropriations Act to keep the
23 educational enrollment stabilization program at a
24 minimum balance; amending s. 1002.40, F.S.; renaming
25 the Hope Scholarship Program as the Hope Program;
26 amending s. 1002.421, F.S.; defining terms; requiring
27 an eligible nonprofit scholarship-funding organization
28 to provide a parent with certain information on
29 scholarship programs; requiring an eligible nonprofit
30 scholarship-funding organization to create a single
31 application for all educational scholarship programs;
32 providing requirements for such application;
33 prohibiting an eligible nonprofit scholarship-funding
34 organization from charging a fee for the application;
35 requiring an eligible nonprofit scholarship-funding
36 organization to establish two application approval
37 windows; providing an exception; providing deadlines
38 for such application approval windows; requiring an
39 eligible nonprofit scholarship-funding organization to
40 review applications and award scholarships in a
41 specified order of priority; requiring an eligible
42 nonprofit scholarship-funding organization to award
43 scholarships to newly eligible students on a first
44 come, first-served basis; requiring a parent to notify
45 the eligible nonprofit scholarship-funding
46 organization within a specified timeframe if a
47 scholarship offer is accepted or declined within a
48 specified timeframe; specifying fund distribution for
49 the scholarship terms; prohibiting a parent from
50 applying for multiple scholarships for an individual
51 student at the same time; authorizing specified
52 students to apply for a scholarship at any time but
53 only receive payments prospectively; prohibiting an
54 eligible nonprofit scholarship-funding organization
55 from restricting or reserving scholarships for use at
56 a particular school; requiring such organization to
57 notify each parent of a scholarship applicant that
58 participation in the program does not guarantee
59 enrollment at an eligible private school; providing
60 that a parent who submitted an application by a
61 specified date need not submit a new application;
62 authorizing a parent to withdraw their application and
63 reapply; prohibiting an eligible nonprofit
64 scholarship-funding organization from requiring
65 documentation beyond the requirements of the
66 scholarship program; requiring an eligible nonprofit
67 scholarship-funding organization to verify a student’s
68 eligibility upon receipt of an application; requiring
69 an eligible nonprofit scholarship-funding organization
70 to send a list of verified eligible students to the
71 department by specified dates; requiring the
72 department to assign each verified eligible student a
73 Florida student identification number; requiring the
74 department to use such number for tracking and
75 reporting scholarship data; requiring the department
76 to cross-check each list of verified eligible students
77 with certain other lists; requiring the department to
78 send the cross-checked list to the eligible nonprofit
79 scholarship-funding organization; requiring the
80 department to require the organization to suspend
81 payments for a period of time the student is found to
82 be ineligible; requiring the department to notify an
83 eligible nonprofit scholarship-funding organization of
84 specified information; requiring the department to
85 provide certain lists of students to certain parties;
86 requiring an eligible nonprofit scholarship-funding
87 organization to verify a student’s continued
88 eligibility before disbursing each payment; providing
89 criteria for verifying continued eligibility;
90 requiring parents of students receiving scholarship
91 payments to verify specified information; providing
92 criteria for verifying continued eligibility;
93 requiring parents of students receiving scholarship
94 payments to verify specified information; providing
95 that the scholarship program award amounts are the
96 amounts provided in the General Appropriations Act;
97 providing parameters for the calculation of the
98 scholarship amounts for certain students; requiring an
99 eligible nonprofit scholarship-funding organization to
100 establish and maintain a scholarship account for each
101 student; providing requirements for such accounts;
102 providing that accrued interest is in addition to and
103 not part of a student’s account; providing that
104 program funds include awarded funds and accrued
105 interest and are available only for authorized
106 expenditures; requiring eligible nonprofit
107 scholarship-funding organizations to make payments by
108 funds transfer; providing requirements for such funds
109 transfer; prohibiting a student’s scholarship award
110 from being reduced to cover certain fees; requiring
111 that commodities or services related to the funds
112 transfer system be procured by a specified method;
113 providing an exception; prohibiting an eligible
114 nonprofit scholarship-funding organization from
115 transferring funds to an account that has a balance in
116 excess of a specified amount; specifying certain
117 qualifications for educational expenditures; providing
118 that a parent who fails to comply with said
119 qualifications forfeits the scholarship; authorizing
120 certain students in a scholarship program to take
121 specified tests and certain assessments; providing an
122 exception; requiring a participating private school to
123 administer or provide for students to take specified
124 tests and assessments; requiring a participating
125 private school to submit a certain written request to
126 the department by a specified date; requiring a school
127 district to administer tests and assessments at a
128 participating private school; requiring an owner or
129 operator or individual providing services to undergo a
130 background screening; providing requirements for the
131 submission of fingerprints; requiring the Department
132 of Law Enforcement to retain such fingerprints in a
133 specified manner; providing screening requirements for
134 specified individuals; prohibiting such owner or
135 operator from transferring ownership or management
136 authority to a relative; defining the term “relative”;
137 requiring an eligible nonprofit scholarship-funding
138 organization to report the annual audit of background
139 screening results to the Department of Education;
140 providing that a participating private school may be
141 sectarian or nonsectarian; revising information
142 required to be provided to the department by an
143 eligible private school; deleting obsolete language;
144 providing construction; requiring the department to
145 publish and update information on its website relating
146 to scholarship programs; requiring the department to
147 investigate complaints; requiring the department to
148 maintain and annually publish a list of tests that
149 satisfy a specified requirement; requiring the
150 department to develop a standard withdrawal form for
151 parents withdrawing a student from public school;
152 providing requirements for such form; requiring the
153 department to produce a specified annual report;
154 authorizing the department to suspend or revoke
155 program participation or the use of program funds for
156 specified entities; requiring the department to
157 develop a uniform reimbursement process; requiring an
158 organization, by a specified date, to approve, deny,
159 or request more information relating to a
160 reimbursement request; requiring the department to
161 annually report to the state its accountability
162 actions; deleting the definition of the term “owner or
163 operator”; requiring a school district, by a specified
164 date, to inform certain households of eligibility to
165 apply for a scholarship program; requiring the school
166 district to coordinate with the department to provide
167 a participating private school with statewide
168 assessments; requiring a school district to publish
169 information about a scholarship program on its
170 website; requiring a school district to provide a
171 parent with the withdrawal form upon request; deleting
172 obsolete language; amending s. 1002.394, F.S.;
173 deleting obsolete language; providing a title for a
174 scholarship granted to a student who meets specified
175 eligibility requirements; providing that authorized
176 uses of program funds include digital devices;
177 providing that authorized uses of program funds
178 include membership dues and activity fees for Career
179 and Technical Student Organizations; providing that
180 tuition and fees that meet certain requirements are
181 eligible for program funds; revising conditions under
182 which a student is no longer eligible for scholarship
183 funding; requiring an eligible nonprofit scholarship
184 funding organization to notify a parent before closing
185 a student’s account; requiring an eligible nonprofit
186 scholarship-funding organization to report certain
187 information to the Department of Education regarding
188 scholarship accounts closed under certain
189 circumstances; requiring an eligible nonprofit
190 scholarship-funding organization to notify a parent
191 if, upon a student reaching a specified age, a balance
192 exists in the student’s account, the amount of the
193 balance, and how the funds may be used; requiring an
194 organization to annually report to the department the
195 number of scholarship accounts closed under specified
196 circumstances; requiring an organization to notify the
197 department when a student withdraws from a scholarship
198 program; deleting a provision allowing a public school
199 student to receive a scholarship for transportation;
200 revising the time frame for a school district to
201 notify a parent of certain information; revising the
202 percentage of funds that can be used for certain
203 purposes; deleting obsolete language; amending s.
204 1002.395, F.S.; deleting obsolete language; deleting
205 provisions related to scholarship priority; deleting a
206 provision allowing a public school student to receive
207 a scholarship for transportation; revising a provision
208 requiring eligible nonprofit scholarship-funding
209 organizations to verify that scholarship funds are
210 used for specified purposes; requiring an eligible
211 nonprofit scholarship-funding organization to report
212 to the department the total number of scholarship
213 accounts closed due to certain reasons; amending s.
214 1003.485, F.S.; conforming a cross-reference; amending
215 s. 1008.25, F.S.; making a conforming change; amending
216 s. 1010.305, F.S.; requiring the Auditor General to
217 annually, rather than periodically, examine the
218 records of eligible nonprofit scholarship-funding
219 organizations; providing for appropriate adjustments
220 to be made and excess funds to be deducted if criteria
221 and procedures have not been followed by an eligible
222 nonprofit scholarship-funding organization; amending
223 s. 1011.61, F.S.; conforming a cross-reference;
224 amending s. 1011.62, F.S.; deleting a requirement with
225 respect to full-time equivalent student survey data;
226 deleting obsolete language relating to the state
227 funded discretionary supplement; amending s. 11.45,
228 F.S.; conforming a cross-reference; requiring the
229 Auditor General to annually conduct an audit of
230 specified records; amending ss. 212.099, 402.22,
231 1002.45, 1003.4935, and 1010.20, F.S.; conforming
232 cross-references; requiring the Department of
233 Education to provide, by a specified date,
234 recommendations to the Legislature regarding the
235 efficiency and effectiveness of scholarship programs;
236 providing requirements for the recommendations;
237 providing an effective date.
238
239 Be It Enacted by the Legislature of the State of Florida:
240
241 Section 1. Section 1011.687, Florida Statutes, is created
242 to read:
243 1011.687 Educational scholarship programs; categorical
244 fund.—
245 (1) There is created a categorical fund for implementing
246 the Family Empowerment Scholarship Program pursuant to s.
247 1002.394. These funds shall be in the amount provided in the
248 General Appropriations Act and any additional funds transferred
249 from the educational enrollment stabilization program pursuant
250 to s. 1011.689.
251 (2) Educational scholarship funding categorical funds shall
252 be used to award scholarships as required in s. 1002.394 and in
253 accordance with s. 1002.421. Funds shall be disbursed from this
254 fund based on the full-time equivalent scholarship students
255 forecasted or reported as participating in the program.
256 (3) A “full-time equivalent student” for a student
257 participating in a scholarship program under s. 1002.394 or s.
258 1002.395 means a student who receives all 10 scholarship
259 payments that are distributed on a monthly basis. A student who
260 receives fewer than 10 payments shall generate a fraction of
261 full-time equivalent student membership proportional to the
262 number of payments received.
263 (4) For the purposes of calculating a scholarship award
264 amount, a full-time equivalent student shall be based upon the
265 student’s county of residence and equal to the calculation
266 provided under s. 1002.421(5)(a).
267 (5) Contingent upon verification that the organization is
268 in compliance with this section and ss. 1002.421, 1002.394, and
269 1002.395, the department shall release funds from the
270 categorical fund on a quarterly basis to the organization. The
271 funds shall be held by the organization for deposit into the
272 students’ accounts in accordance with the payment schedules and
273 may not include any funding for scholarship awards for any time
274 preceding a student’s verified eligibility for or acceptance of
275 a scholarship.
276 (a) The first quarter release payment to the organization
277 shall be based upon the amount of full-time equivalent students
278 forecasted as provided in the General Appropriations Act and in
279 an amount sufficient to make scholarship payments through the
280 third payment installment. The first quarter release payment
281 must be released no later than July 30.
282 (b) The second quarter release payment to the organization
283 shall be based upon the amount of full-time equivalent students
284 cross-checked by the department pursuant to s. 1002.421(3) and
285 in an amount sufficient to make scholarship payments through the
286 fifth payment installment. The second quarter release payment
287 must be released no later than November 1.
288 (c) The third quarter release payment to the organization
289 shall be based upon the amount of full-time equivalent students
290 cross-checked by the department pursuant to s. 1002.421(3) and
291 in an amount sufficient to make scholarship payments through the
292 eighth payment installment. The third quarter release payment
293 must be released no later than January 1.
294 (d) The fourth quarter release payment to the organization
295 shall be based upon the amount of full-time equivalent students
296 cross-checked by the department pursuant to s. 1002.421(3) and
297 in an amount sufficient to make scholarship payments through the
298 tenth payment installment. The fourth quarter release payment
299 must be released no later than April 1.
300 (6) If the funds released to the organization are in excess
301 of the funds certified to the department by the organization as
302 the amount distributed for student scholarships in accordance
303 with scholarship program requirements, the organization must
304 send back to the department any overpayment within 30 days of
305 certification to the department. The department may not adjust
306 the amount of any overpayment in the second, third, or fourth
307 quarter payment release and must account for each payment back
308 from the organization separately.
309 (7) The department shall have access to the organization’s
310 data and records as necessary to conduct a reconciliation of
311 releases and overpayments to the organization.
312 Section 2. Section 1011.689, Florida Statutes, is created
313 to read:
314 1011.689 Educational enrollment stabilization program.—The
315 educational enrollment stabilization program is created to
316 provide supplemental state funds as needed to address changes in
317 full-time equivalent student enrollment throughout the school
318 year in both the Florida Education Finance Program and the
319 educational scholarship programs created pursuant to chapter
320 1002.
321 (1) SCHOOL DISTRICT STABILIZATION.—To maintain the
322 stability of the operations of public schools, including charter
323 schools, in each school district, the department:
324 (a) May use funds in either of the following ways:
325 1. To distribute to school districts if the state funds
326 appropriated for the current operation of school districts in
327 the Florida Education Finance Program are not sufficient to pay
328 the state requirement in full pursuant to s. 1011.62(15).
329 2. To provide supplemental payments to school districts as
330 needed. Any supplemental funds provided pursuant to this
331 subparagraph may not be added to the district’s total Florida
332 Education Finance Program funds for any future calculation.
333 (b) Shall use funds as appropriated to provide a
334 supplemental payment to school districts that have a decline in
335 unweighted full-time equivalent students between the legislative
336 calculation provided in the General Appropriations Act and the
337 third calculation of the Florida Education Finance Program
338 within the same year. The supplemental payment shall be computed
339 by multiplying a percentage of the decline in the unweighted
340 full-time equivalent students as determined by the Legislature
341 by the base student allocation and by the comparable wage factor
342 or the small district factor. The percentage used for districts
343 that are fiscally constrained must be greater than the
344 percentage used for non-fiscally constrained districts. The
345 supplemental funds may not be added to the district’s total
346 Florida Education Finance Program funds for any future
347 calculations.
348 (2) FAMILY EMPOWERMENT SCHOLARSHIP PROGRAM.—To maintain
349 scholarship award amounts, the department may use funds as
350 appropriated to ensure that funding is available if the number
351 of full-time equivalent students enrolled in the scholarship
352 program is greater than the amount appropriated in the General
353 Appropriations Act in the educational scholarship categorical
354 fund established under s. 1011.687.
355 (3) FLORIDA TAX CREDIT SCHOLARSHIP PROGRAM.—If available
356 funds in the Florida Tax Credit Scholarship Program are
357 insufficient to cover eligible applicants who are personalized
358 education program students, the department may use funds to
359 award scholarships to such eligible applicants up to the number
360 authorized in s. 1002.395.
361 (4) RELEASE OF FUNDS.—As part of the recalculation pursuant
362 to s. 1011.65, the department may request the release of funds
363 from the educational enrollment stabilization program subject to
364 the notice, review, and objection procedures set forth in s.
365 216.177.
366 (5) MINIMUM BALANCE.—The Legislature shall annually
367 appropriate funds in the General Appropriations Act to the
368 department for the educational enrollment stabilization program
369 in an amount necessary to maintain a projected minimum balance
370 of $250 million at the beginning of the upcoming fiscal year.
371 Notwithstanding s. 216.301 and pursuant to s. 216.351, the
372 unexpended balance of funds appropriated pursuant to this
373 subsection which is not disbursed by June 30 of the fiscal year
374 in which the funds are appropriated may be carried forward for
375 up to 10 years after the effective date of the original
376 appropriation.
377 Section 3. Section 1002.40, Florida Statutes, is amended to
378 read:
379 1002.40 The Hope Scholarship Program.—
380 (1) PURPOSE.—The Hope Scholarship Program is established to
381 provide the parent of a public school student who was subjected
382 to an incident listed in subsection (3) an opportunity to
383 transfer the student to another public school or to request a
384 scholarship for the student to enroll in and attend an eligible
385 private school.
386 (2) DEFINITIONS.—As used in this section, the term:
387 (a) “Parent” means a resident of this state who is a
388 parent, as defined in s. 1000.21, and whose student reported an
389 incident in accordance with subsection (4).
390 (b) “Program” means the Hope Scholarship Program.
391 (c) “School” means any educational program or activity
392 conducted by a public K-12 educational institution, any school
393 related or school-sponsored program or activity, and riding on a
394 school bus, as defined in s. 1006.25(1), including waiting at a
395 school bus stop.
396 (3) PROGRAM ELIGIBILITY.—A student enrolled in a Florida
397 public school in kindergarten through grade 12 is eligible for
398 the educational options described in subsection (4) if the
399 student reported an incident in accordance with that subsection.
400 For purposes of this section, the term “incident” means battery;
401 harassment; hazing; bullying; kidnapping; physical attack;
402 robbery; sexual offenses, harassment, assault, or battery;
403 threat or intimidation; or fighting at school, as defined by the
404 department in accordance with s. 1006.09(6).
405 (4) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—Upon
406 receipt of a report of an incident, the school principal, or his
407 or her designee, shall provide a copy of the report to the
408 parent and investigate the incident to determine if the incident
409 must be reported as required by s. 1006.09(6). Within 24 hours
410 after receipt of the report, the principal or his or her
411 designee shall provide a copy of the report to the parent of the
412 alleged offender and to the superintendent. Upon conclusion of
413 the investigation or within 15 days after the incident was
414 reported, whichever occurs first, the school district shall
415 notify the parent of the program, offer the parent an
416 opportunity to enroll his or her student in another public
417 school that has capacity, and notify the parent of their
418 eligibility to apply for a scholarship to attend an eligible
419 private school under ss. 1002.394 and 1002.395.
420 (5) RULES.—The State Board of Education shall adopt rules
421 to administer this section.
422 Section 4. Section 1002.421, Florida Statutes, is amended
423 to read:
424 1002.421 State school choice scholarship programs program
425 accountability and oversight.—
426 (1) DEFINITIONS.—As used in this section, s. 1002.394, and
427 s. 1002.395, the term:
428 (a) “Approved provider” means a provider approved by the
429 Agency for Persons with Disabilities, a health care practitioner
430 as defined in s. 456.001, or a provider approved by the
431 department pursuant to s. 1002.66.
432 (b) “Choice navigator” means an individual who meets the
433 requirements of s. 1002.395(6)(d)8. and who provides
434 consultations, at a mutually agreed upon location, on the
435 selection of, application for, and enrollment in educational
436 options addressing the academic needs of a student; curriculum
437 selection; and advice on career and postsecondary education
438 opportunities. However, this section does not authorize a choice
439 navigator to oversee or exercise control over the curricula or
440 academic programs of a personalized education program.
441 (c) “Curriculum” means a complete course of study for a
442 particular content area or grade level, including any required
443 supplemental materials and associated online instruction.
444 (d) “Disability” means, for a 3- or 4-year-old child or for
445 a student in kindergarten to grade 12, autism spectrum disorder
446 as defined in the Diagnostic and Statistical Manual of Mental
447 Disorders, Fifth Edition, published by the American Psychiatric
448 Association; cerebral palsy as defined in s. 393.063; Down
449 syndrome as defined in s. 393.063; an intellectual disability as
450 defined in s. 393.063; a speech impairment; a language
451 impairment; an orthopedic impairment; any other health
452 impairment; an emotional or a behavioral disability; a specific
453 learning disability, including, but not limited to, dyslexia,
454 dyscalculia, or developmental aphasia; Phelan-McDermid syndrome
455 as defined in s. 393.063; Prader-Willi syndrome as defined in s.
456 393.063; spina bifida as defined in s. 393.063; being a high
457 risk child as defined in s. 393.063(23)(a); muscular dystrophy;
458 Williams syndrome; rare diseases that affect patient populations
459 of fewer than 200,000 individuals in the United States, as
460 defined by the National Organization for Rare Disorders;
461 anaphylaxis; a hearing impairment, including deafness; a visual
462 impairment, including blindness; a traumatic brain injury; being
463 hospital-bound or homebound; or identification as dual sensory
464 impaired, as defined by rules of the State Board of Education
465 and evidenced by reports from local school districts. The term
466 “hospital-bound or homebound” includes a student who has a
467 medically diagnosed physical or psychiatric condition or
468 illness, as defined by the state board in rule, and who is
469 confined to the home or hospital for more than 6 months.
470 (e) “Eligible nonprofit scholarship-funding organization”
471 or “organization” means a state university or an independent
472 college or university that is eligible to participate in the
473 William L. Boyd, IV, Effective Access to Student Education Grant
474 Program; is located and chartered in this state; is not for
475 profit; is accredited by the Commission on Colleges of the
476 Southern Association of Colleges and Schools; or is a charitable
477 organization that:
478 1. Is exempt from federal income tax pursuant to s.
479 501(c)(3) of the Internal Revenue Code;
480 2. Is a Florida entity formed under chapter 605, chapter
481 607, or chapter 617 and whose principal office is located in
482 this state; and
483 3. Complies with s. 1002.395(6) and (13).
484 (f) “Eligible postsecondary educational institution” means
485 a Florida College System institution; a state university; a
486 school district technical center; a school district adult
487 general education center; an independent college or university
488 that is eligible to participate in the William L. Boyd, IV,
489 Effective Access to Student Education Grant Program under s.
490 1009.89; or an accredited independent postsecondary educational
491 institution as defined in s. 1005.02 which is licensed to
492 operate in this state under part III of chapter 1005 or is
493 approved to participate in a reciprocity agreement as defined in
494 s. 1000.35(2).
495 (g) “Eligible private school” means a private school as
496 defined in s. 1002.01 which is located in Florida and which
497 offers an education to students in any grades K-12 and meets the
498 requirements in this section.
499 (h) “Fraud” means an intentional deception, omission, or
500 misrepresentation made by a person with knowledge that the
501 deception, omission, or misrepresentation may result in an
502 unauthorized benefit to that person or another person, or any
503 aiding and abetting of the commission of such an act.
504 (i) “Household income” has the same meaning as the term
505 “income” as defined in the Income Eligibility Guidelines for
506 free and reduced price meals under the National School Lunch
507 Program in 7 C.F.R. part 210 as published in the Federal
508 Register by the United States Department of Agriculture.
509 (j) “IEP” means an individual education plan, regardless of
510 whether the plan has been reviewed or revised within the last 12
511 months.
512 (k) “Inactive” means that no eligible expenditures have
513 been made from an account.
514 (l) “Job coach” means an individual employed to help people
515 with disabilities learn, accommodate to, and perform their work
516 duties.
517 (m) “Law enforcement officer” has the same meaning as
518 provided in s. 943.10(1).
519 (n) “Owner or operator” includes:
520 1. An owner, a president, an officer, or a director of an
521 eligible nonprofit scholarship-funding organization or a person
522 with equivalent decisionmaking authority over an eligible
523 nonprofit scholarship-funding organization; or
524 2. An owner, an operator, a superintendent, or a principal
525 of an eligible private school or a person with equivalent
526 decisionmaking authority over an eligible private school.
527 (o) “Parent” means a resident of this state who is a parent
528 as defined in s. 1000.21.
529 (p) “Personalized education program” has the same meaning
530 as in s. 1002.01.
531 (q) “Personalized education student” means a student whose
532 parent applies to an eligible nonprofit scholarship-funding
533 organization for participation in a personalized education
534 program.
535 (r) “Renewal student” means a student who was eligible to
536 receive and received a payment for the last installment in the
537 school year immediately preceding the school year for which the
538 student is applying for a scholarship pursuant to this chapter.
539 (s) “Student learning plan” means a customized learning
540 plan developed by a parent at least annually to guide
541 instruction for his or her student and to identify the goods and
542 services needed to address the academic needs of his or her
543 student.
544 (2) SCHOLARSHIP APPLICATION PROCESS.—
545 (a) An eligible nonprofit scholarship-funding organization
546 must provide the parent with information on each scholarship
547 program established pursuant to this chapter which clearly
548 outlines the eligibility requirements and authorized uses of
549 funds for each program to enable the parent of a student to
550 determine which program best fits the needs of each student.
551 Specifically, for a student applying based on eligibility
552 pursuant to s. 1002.394(3)(b) or s. 1002.395, except for
553 students eligible pursuant to a personalized education program,
554 a participating private school must discuss the school’s
555 academic programs and policies, specialized services, code of
556 conduct, and attendance policies before enrollment with the
557 parent to determine which programs and services may meet the
558 student’s individual needs. Each parent of a student with an
559 individualized education plan, education plan, English language
560 learner plan, or 504 plan must be informed specifically of what
561 modifications, accommodations, and therapies included in the
562 student’s plan will be honored by the participating private
563 school.
564 (b) The organization must create a single application for
565 all educational scholarship programs established pursuant to
566 this chapter in a manner that creates an electronic record of
567 the application, which must include the date the application was
568 submitted, the date the application was approved or denied, and
569 the date the scholarship was accepted or declined. The
570 organization may not charge a fee for the application.
571 (c) For the 2026-2027 school year and each school year
572 thereafter, the organization must establish two application
573 approval windows each school year during which a parent of an
574 eligible student, including renewal students, may apply for and
575 accept an educational scholarship program pursuant to this
576 chapter, except for personalized education students, who may
577 only apply during the fall application approval window.
578 1. The application approval window for the fall scholarship
579 term must close no later than July 15. The fall scholarship term
580 covers the period between August 15 and December 31 of each
581 year. The fall application window may not begin any earlier than
582 February 1 of the preceding school year. A parent initially
583 applying for the fall term must affirmatively accept the
584 scholarship between June 15 and July 15.
585 2. The application approval window for the spring
586 scholarship term must close no later than November 15. The
587 spring scholarship term covers the period between January 1 and
588 May 31 of each year. A parent initially applying for the spring
589 term must affirmatively accept the scholarship between October
590 15 and November 15.
591 3. A failure to accept the scholarship between the
592 applicable approval window results in an automatic declination
593 of the scholarship.
594 4. A parent of a student who is provided funds during the
595 fall scholarship term does not need to reapply for the spring
596 scholarship term.
597 (d) An organization must review applications and award
598 scholarships using the following priorities:
599 1. An application for a student who is eligible pursuant to
600 s. 1002.394(3)(a) or s. 1002.395 and:
601 a. Whose household income level does not exceed 185 percent
602 of the federal poverty level or who is in foster care or out-of
603 home care; and then
604 b. Whose household income level exceeds 185 percent of the
605 federal poverty level but does not exceed 400 percent of the
606 federal poverty level.
607 2. An application for a student who is eligible and
608 received a scholarship during the previous school year.
609 3. An application for a student who was affected by the
610 disapproval of an organization’s participation by the department
611 pursuant to s. 1002.395 during the previous school year.
612
613 The organization must provide scholarships to newly eligible
614 students on a first-come, first-served basis unless the student
615 is seeking priority pursuant to this paragraph.
616 (e) A parent of a student who applies for and receives
617 scholarship funds initially for the spring scholarship term may
618 only receive 5 of the 10 payment installments for the school
619 year.
620 (f) A parent may not apply for multiple scholarships under
621 s. 1002.394 or s. 1002.395 for an individual student at the same
622 time. However, the organization may switch a student between
623 scholarships under s. 1002.394 or s. 1002.395 upon notification
624 and approval by the department.
625 (g) Notwithstanding the application deadlines, a student in
626 foster care or out-of-home care or who is a dependent child of a
627 member of the United States Armed Forces or who reported an
628 incident pursuant to s. 1002.40 may apply for a scholarship at
629 any time. Additionally, the Commissioner of Education may extend
630 an application window for any eligible group of students due to
631 extenuating circumstances that affect one or more regions of
632 this state. However, any student receiving a scholarship who
633 applies outside the application deadlines may only receive
634 payments prospectively.
635 (h) An organization may not restrict or reserve
636 scholarships for use at a particular eligible private school or
637 provide scholarships to a child of an owner or operator of such
638 school. Additionally, the organization must notify each parent
639 of a scholarship applicant that participation in the scholarship
640 program does not guarantee enrollment at an eligible private
641 school.
642 (i) For the 2026-2027 school year, a parent who applies for
643 a scholarship by April 30, 2026, does not need to submit a new
644 application pursuant to the requirements of this section but
645 must, by the time the organization is required to send its
646 verified list to the department, provide the documentation
647 required for eligibility. However, a parent may withdraw his or
648 her application and reapply pursuant to the requirements of this
649 section. This paragraph expires January 1, 2027.
650
651 An eligible nonprofit scholarship-funding organization may not
652 further regulate, exercise control over, or require
653 documentation beyond the requirements of the scholarship
654 programs unless the regulation, control, or documentation is
655 necessary for participation in the program.
656 (3) ENROLLMENT VERIFICATION.—Upon receipt of an
657 application, the eligible nonprofit scholarship-funding
658 organization must verify each student’s eligibility. Each
659 student, including renewal students, must apply for a
660 scholarship each school year. An organization may not grant
661 multiyear scholarships in one approval process.
662 (a) To verify eligibility, the organization must request
663 all of the following information for each student, to be
664 included in the student’s file:
665 1. More than one form of proof of residency or proof that
666 the student is the dependent of an active duty member of the
667 United States Armed Forces who has received permanent change of
668 station orders to this state.
669 2. A copy of the student’s birth certificate, the name on
670 which must match the name provided on the student’s application.
671 3. For a student who was enrolled in a public school prior
672 to participation in the scholarship program as determined by the
673 department, proof that the parent submitted the standard
674 withdrawal form to the public school where the student was
675 previously enrolled or, if the withdrawal occurred prior to the
676 creation of the standard withdrawal form, another form of proof
677 of withdrawal from the public school.
678 4. One of the following forms of documentation from the
679 parent attesting that while the student receives scholarship
680 payments, the student will be enrolled in and in compliance with
681 the applicable attendance requirements under ss. 1003.01(16) and
682 1003.21(1):
683 a. A copy of the notice of a parent’s intent to establish
684 and maintain a home education program pursuant to s. 1002.41;
685 b. A personalized education program and a copy of the
686 student learning plan that has been reviewed and verified by the
687 organization pursuant to s. 1002.395(7)(c); or
688 c. Documentation of admission or enrollment from an
689 eligible private school for the school year in which the student
690 is applying.
691 5. If known, the student’s Florida student identification
692 number if one has been assigned.
693 (b) In addition, if the student:
694 1. Is a renewal student, the organization must:
695 a. Request for each student the assessment results
696 necessary to verify compliance with subsection (7). The deadline
697 for a parent to submit the results is July 15.
698 b. Receive documentation from the parent attesting that the
699 student will continue to meet all eligibility requirements for
700 the scholarship.
701 c. Verify that all documents required for eligibility have
702 been received and are on file.
703 d. If the student lives out of state and is a dependent of
704 an active duty member of the United States Armed Forces, receive
705 documentation that the home of record or state of legal
706 residence is Florida.
707 2. Is seeking priority eligibility based upon household
708 income, the parent of the student must authorize the
709 organization to access information needed for income eligibility
710 determination and verification held by other state or federal
711 agencies, including the Department of Revenue, the Department of
712 Children and Families, the Department of Education, the
713 Department of Commerce, and the Agency for Health Care
714 Administration.
715 (c) An organization must send to the department a list of
716 eligible students and any information necessary for the
717 department to conduct the following cross-check reviews by:
718 1. August 1 for the fall scholarship term.
719 2. October 1 for the fall scholarship mid-term.
720 3. December 1 for the spring scholarship term.
721 4. March 1 for the spring scholarship mid-term.
722
723 For the spring scholarship term, the organization must submit
724 students initially applying for the scholarship during the
725 spring term, as well as all students who received a scholarship
726 payment within the fall term. Additionally, the organization
727 must update each list with any eligible student who applies
728 outside of the application deadlines pursuant to paragraph
729 (2)(g).
730 (d) The department must verify each student’s Florida
731 student identification number or, if a student has not been
732 assigned a Florida student identification number, assign each
733 eligible student a Florida student identification number. Once a
734 student is assigned a Florida student identification number, the
735 organization must use that number for the reporting and tracking
736 of all scholarship data.
737 (e) The department must cross-check each list of eligible
738 students submitted by the organization with the most recent
739 student attendance records maintained by the school districts
740 pursuant to s. 1003.23 to resolve student reporting duplication.
741 1. As part of each cross-check process, the department must
742 send a list of the eligible students submitted by the
743 organization to the applicable school district. The school
744 district must cross-check each student by identification number
745 with its most recent student attendance records and send the
746 results, including any duplicates, to the department. Pursuant
747 to s. 1002.44, a student receiving a scholarship under this
748 chapter who attends a public school on a part-time basis through
749 contracted services provided by the public school or school
750 district may not be reported by the school district for funding
751 purposes under the Florida Education Finance Program, and,
752 therefore, such students are not considered duplicates.
753 2. For any student reported as a duplicate by a school
754 district, the department must determine whether the student is
755 prohibited from receiving a scholarship award pursuant to s.
756 1002.394(6) or s. 1002.395(4). As part of the department’s
757 determination process, the department must require the
758 organization to suspend payments to the student’s account and
759 the use of funds in the student’s account related to any period
760 of time the student is ineligible.
761 3. The department, after making its determination, shall
762 notify the district if there is any student reported by the
763 district as a duplicate whom the district should not report for
764 funding in the student membership survey pursuant to s. 1011.62.
765 For the students the district does report, the district shall
766 receive the full funding generated in accordance with the
767 Florida Education Finance Program, regardless of whether the
768 student received a scholarship payment, subject to the audit
769 required under s. 1010.305.
770 (f) The department, after the list of eligible students has
771 been cross-checked and each student has been assigned a Florida
772 student identification number, shall send the list of verified
773 eligible students to the organization, which may then fund
774 students only based upon the department’s list of verified
775 eligible students. The department must notify an organization of
776 any of the organization’s identified students who were submitted
777 for a scholarship from another organization and which
778 organization the student shall receive funding from.
779 (g) After each cross-check, the department must provide the
780 list of verified eligible students submitted to the organization
781 and any information on duplicate students requested to the chair
782 of the Senate Appropriations Committee, the chair of the House
783 Budget Committee, and the Office of Policy and Budget within the
784 Executive Office of the Governor.
785 (4) PREPAYMENT VERIFICATION.—Prior to the disbursement of
786 each scholarship payment, the organization must verify the
787 student’s continued eligibility based upon the requirements of
788 the applicable student’s scholarship program.
789 (a) For scholarship programs that require private school
790 enrollment, the organization must verify that the student is
791 enrolled in and in attendance at a participating eligible
792 private school.
793 (b) Prior to the receipt of each scholarship payment, a
794 parent of the student must attest that the student is not
795 enrolled full-time in a public school and is enrolled in and in
796 attendance at, unless excused for illness or other good cause
797 one of the following:
798 1. A home education program;
799 2. A personalized education program; or
800 3. An eligible private school.
801 (c) The parent of a student whose scholarship funds are
802 required under paragraph (6)(b) to be committed for tuition and
803 fees at a participating private school may authorize the private
804 school to provide the attestation required under paragraph (b)
805 on behalf of the parent by attesting that the student is
806 enrolled in and in attendance at the private school. The private
807 school and the organization must maintain records of the
808 parental authorization, and such authorization must be renewed
809 each school year. An improper attestation may be investigated as
810 fraud pursuant to subparagraph (10)(a)6., and the private school
811 may be liable to the state for payments made in violation of
812 this subsection and, if found liable, must reimburse the state
813 for funds improperly paid to the private school.
814 (d) The organization may not make any payment into a
815 student’s account prior to a parent’s acceptance of a
816 scholarship award, upon notification that the student is
817 enrolled in a public school unless the organization can verify
818 the student’s eligibility, or for any period of time prior to a
819 student’s eligibility is verified by the department. An
820 organization is liable to the state for payments made in
821 violation of this subsection and must reimburse the state for
822 funds that were improperly awarded which cannot be recovered.
823 (5) SCHOLARSHIP AWARD AMOUNTS AND PAYMENT SCHEDULE.—
824 (a) Beginning in the 2026-2027 school year, the calculated
825 scholarship program award amounts shall be the amounts provided
826 in the General Appropriations Act which are based upon the
827 amounts by basic program and program for exceptional students
828 under the Florida Education Finance Program. These amounts shall
829 be adjusted annually based upon the value of the percentage
830 change increase in per student funding at the state level for
831 public school districts as provided in the General
832 Appropriations Act.
833 1. The calculated scholarship amount for a student
834 determined eligible pursuant to s. 1002.394(3)(a) or s. 1002.395
835 shall be based upon the student’s current grade level and county
836 of residence.
837 2. The calculated scholarship amount for a student
838 determined eligible pursuant to s. 1002.394(3)(b) must be based
839 upon the student’s current grade level, exceptional student
840 program, and county of residence.
841 a. The calculated scholarship amount for a student who
842 received a Gardiner Scholarship pursuant to former s. 1002.385
843 in the 2020-2021 school year shall be the greater of the amount
844 calculated pursuant to this subsection or the amount the student
845 received for the 2020-2021 school year.
846 b. The calculated scholarship amount for a student who
847 received a John M. McKay Scholarship pursuant to former s.
848 1002.39 in the 2020-2021 school year shall be the greater of the
849 amount calculated pursuant to this subsection or the amount the
850 student received for the 2020-2021 school year.
851 (b) Beginning with the 2026-2027 school year, the
852 scholarship award shall be divided into 10 equal installments
853 and made in accordance with the prepayment verification process.
854 1. For a renewal student receiving a scholarship award
855 pursuant to s. 1002.394(3)(a) or s. 1002.395, and whose funds
856 are applied to tuition at an eligible private school that has
857 agreed to attest to the student’s attendance pursuant to
858 paragraph (4)(c), the organization may make the first payment no
859 earlier than August 15 and the second payment no earlier than
860 September 15.
861 2. For all other students receiving scholarship awards, the
862 organization may make the first payment no earlier than
863 September 15. The first payment pursuant to this subparagraph is
864 for two installments.
865 3. Each subsequent payment must be made no later than
866 October 15, November 15, December 15, January 15, February 15,
867 March 15, April 15, and May 15 of each school year in which the
868 scholarship is in force.
869 (6) SCHOLARSHIP ACCOUNTS.—The organization must establish
870 and maintain a separate scholarship account for each student
871 enrolled in a scholarship program. For each account, the
872 organization must maintain a record of accrued interest which is
873 retained in the student’s account. Accrued interest in the
874 student’s account is in addition to, and not part of, the
875 awarded funds. Program funds include both the awarded funds and
876 accrued interest and are available only for authorized program
877 expenditures.
878 (a) Payment of the scholarship by the organization shall be
879 by funds transfer, including, but not limited to, debit cards,
880 electronic payment cards, or any means of payment the department
881 deems commercially viable or cost-effective. A student’s
882 scholarship award may not be reduced to cover debit card or
883 electronic payment fees. Commodities or services related to the
884 development of such transfer system must be procured by
885 competitive solicitation unless purchased from a state term
886 contract pursuant to s. 287.056.
887 (b) For students eligible pursuant to s. 1002.394(3)(a) or
888 s. 1002.395, except for those students enrolled in a
889 personalized education program:
890 1. The organization must commit scholarship funds on behalf
891 of the student for tuition and fees that the parent must pay at
892 a participating private school before scholarship account funds
893 may be used for additional authorized uses under s.
894 1002.394(4)(a) or s. 1002.395(4)(d). A parent is responsible for
895 all eligible expenses in excess of the scholarship amount. An
896 organization shall ensure that the parent has approved a funds
897 transfer before any scholarship funds are deposited. The parent
898 may not designate any entity or individual associated with a
899 participating private school as the parent’s attorney in fact to
900 approve a funds transfer.
901 2. After funds have been committed pursuant to subparagraph
902 1., funds may be used as authorized in s. 1002.394(4)(a) and as
903 authorized in the organization’s purchasing handbook by paying
904 for the authorized use directly and then submitting a
905 reimbursement request to the organization. An organization may
906 require the use of an online platform for direct purchases of
907 products if such use does not limit a parent’s choice of
908 curriculum or academic programs. If a parent purchases a product
909 identical to one offered by an organization’s online platform
910 for a lower price, the organization must reimburse the parent
911 the cost of the product.
912 3. The initial payment shall be made after the
913 organization’s verification of admission acceptance, and
914 subsequent payments shall be made upon verification of continued
915 enrollment and attendance at a participating private school.
916 Payments for tuition and fees for full-time enrollment shall be
917 made within 7 business days after approval by the parent and the
918 private school.
919 4. If a student unenrolls from a participating private
920 school within 10 business days after enrolling in the private
921 school, the private school must return a proportional share of
922 the student’s scholarship payment to the organization.
923 5. An organization may not transfer any funds to an account
924 of a student which has a balance in excess of $24,000.
925 (c) For students eligible pursuant to s. 1002.394(3)(b):
926 1. The organization must verify qualifying educational
927 expenditures pursuant to the requirements of s. 1002.394(4)(b).
928 The organization must verify any expenditures made pursuant to
929 s. 1002.394(4)(b)1. and 2. before the distribution of funds.
930 Review of expenditures made for services specified in s.
931 1002.394(4)(b)3.-16. may be completed after the purchase is
932 made.
933 2. The organization must develop a process, for
934 implementation beginning in the 2026-2027 school year, that
935 provides the commitment of scholarship funds on behalf of the
936 student for tuition and fees that a parent must pay at the
937 Florida Virtual School as a private-pay student before
938 scholarship account funds may be used for additional authorized
939 uses under s. 1002.394(4)(b) or s. 1002.395(6)(d).
940 3. An organization may not transfer any funds to an account
941 of a student which has a balance in excess of $50,000.
942 (d) A parent of a student attending a public school on a
943 part-time basis through contracted services provided by a public
944 school or school district pursuant to s. 1002.44 must notify the
945 public school or school district in writing at the time of
946 application or at any subsequent time if the student is
947 receiving a scholarship. For such contracted services, the
948 public school may require the parent to pay for the contracted
949 services as authorized in ss. 1002.395(4)(a)6.,
950 1002.395(4)(b)8., and 1002.395(6)(d)4.f.
951 (e) A parent of a 3- or 4-year-old child receiving a
952 scholarship pursuant to s. 1002.394(3)(b) and receiving services
953 at a public school or school district must notify the public
954 school or school district in writing at the time of application
955 or at any subsequent time if the student is receiving a
956 scholarship.
957 (f) The parent of a student who fails to comply with this
958 subsection forfeits the scholarship. An organization must notify
959 the parent when a scholarship account is closed and when program
960 funds revert to the state.
961 (7) TESTING REQUIREMENTS.—A student participating in a
962 scholarship program in grades 3 through 10 may take the
963 nationally norm-referenced tests that are identified by the
964 department or take the statewide assessments pursuant to s.
965 1008.22. Students with disabilities for whom standardized
966 testing is not appropriate and who are granted an extraordinary
967 exemption from the administration of the assessment pursuant to
968 s. 1008.212 are exempt from this requirement.
969 (a) A participating private school must annually administer
970 or make provision for students participating in the program in
971 grades 3 through 10 to take one of the nationally norm
972 referenced tests or cooperate with a student whose parent
973 chooses to participate in the statewide assessments pursuant to
974 s. 1008.22. A parent must require his or her student
975 participating in the program to take the norm-referenced tests
976 offered by the participating private school. The parent may also
977 choose to have the student participate in the statewide
978 assessments pursuant to s. 1008.22.
979 (b)1. If the participating private school chooses to offer
980 and administer the statewide assessments pursuant to s. 1008.22
981 to all students who attend the private school in grades 3
982 through 10, it must submit a request in writing to the
983 department by March 1 of each year in order to administer the
984 statewide assessments in the subsequent school year. In turn,
985 upon the request of the department, a school district shall
986 coordinate with the department to provide to a participating
987 private school the statewide assessments and any related
988 materials for administering the assessments.
989 2. A school district is responsible for administering tests
990 at a participating private school, including:
991 a. Providing training for private school staff on test
992 security and assessment administration procedures;
993 b. Distributing testing materials to a private school;
994 c. Retrieving testing materials from a private school;
995 d. Providing the required format for a private school to
996 submit information to the district for test administration and
997 enrollment purposes; and
998 e. Providing any required assistance, monitoring, or
999 investigation related to administering tests and assessments at
1000 a private school.
1001 3. A participating private school shall report a student’s
1002 scores to his or her parent. By August 15 of each year, a
1003 participating private school must report the scores of all
1004 participating students to a state university as described in s.
1005 1002.395(9)(b)3.
1006 4. If a parent requests that the student participating in
1007 the program take statewide assessments pursuant to s. 1008.22
1008 and the participating private school has not chosen to offer and
1009 administer the statewide assessments, the district in which the
1010 participating private school is located must provide locations
1011 and times for the student to take the assessments. The parent is
1012 responsible for transporting the student to the assessment site
1013 designated by the school district.
1014 5. For students determined eligible pursuant to s.
1015 1002.395(7)(b), an organization must receive eligible student
1016 test scores, and beginning with the 2027-2028 school year, by
1017 August 15, annually report test scores for such students to a
1018 state university pursuant to s. 1002.395(9)(b)3.
1019 (8) BACKGROUND SCREENING REQUIREMENTS.—
1020 (a) Each owner or operator or an individual providing
1021 services under s. 1002.394(4)(b)4. or s. 1002.395(6)(d)4.
1022 through an organization’s online platform for direct purchase
1023 pursuant to subparagraph (6)(b)2., prior to employment or
1024 engagement to provide services, must undergo a background
1025 screening and meet the screening standards in s. 1012.315. All
1026 fingerprints submitted to the Department of Law Enforcement as
1027 required by this section must be retained in the Care Provider
1028 Background Screening Clearinghouse as provided in s. 435.12. The
1029 cost of the background screening may be borne by the owner or
1030 operator or service provider.
1031 1. Employees, contracted personnel, owners, and operators
1032 must be rescreened as required by s. 435.12.
1033 2. Employees, contracted personnel, owners, and operators
1034 who apply for employment are governed by the laws and rules in
1035 effect at the time of the application for employment, provided
1036 that the person is continually employed by the same school or
1037 provider. An owner or operator who fails the level 2 background
1038 screening is not eligible to participate in a scholarship
1039 program under this chapter.
1040 3. Service providers who have been screened under licensure
1041 requirements in chapter 402, or who are exempt from licensure,
1042 are not required to be rescreened under this section. The
1043 Department of Education and the Department of Children and
1044 Families must implement a process to electronically share
1045 background screening results for such service providers.
1046 4. In addition to the offenses listed in s. 435.04, a
1047 person required to undergo background screening pursuant to this
1048 section or authorizing statutes may not have an arrest awaiting
1049 final disposition for, must not have been found guilty of, or
1050 entered a plea of nolo contendere to, regardless of
1051 adjudication, and must not have been adjudicated delinquent for,
1052 and the record must not have been sealed or expunged for, any of
1053 the following offenses or any similar offense of another
1054 jurisdiction:
1055 a. Any authorizing statutes, if the offense was a felony.
1056 b. This chapter, if the offense was a felony.
1057 c. Section 409.920, relating to Medicaid provider fraud.
1058 d. Section 409.9201, relating to Medicaid fraud.
1059 e. Section 741.28, relating to domestic violence.
1060 f. Section 817.034, relating to fraudulent acts through
1061 mail, wire, radio, electromagnetic, photoelectronic, or
1062 photooptical systems.
1063 g. Section 817.234, relating to false and fraudulent
1064 insurance claims.
1065 h. Section 817.505, relating to patient brokering.
1066 i. Section 817.568, relating to criminal use of personal
1067 identification information.
1068 j. Section 817.60, relating to obtaining a credit card
1069 through fraudulent means.
1070 k. Section 817.61, relating to fraudulent use of credit
1071 cards, if the offense was a felony.
1072 l. Section 831.01, relating to forgery.
1073 m. Section 831.02, relating to uttering forged instruments.
1074 n. Section 831.07, relating to forging bank bills, checks,
1075 drafts, or promissory notes.
1076 o. Section 831.09, relating to uttering forged bank bills,
1077 checks, drafts, or promissory notes.
1078 p. Section 831.30, relating to fraud in obtaining medicinal
1079 drugs.
1080 q. Section 831.31, relating to the sale, manufacture,
1081 delivery, or possession with the intent to sell, manufacture, or
1082 deliver any counterfeit controlled substance, if the offense was
1083 a felony.
1084 5. At least 30 calendar days before a transfer of ownership
1085 of a private school, the owner or operator shall notify the
1086 parent of each scholarship student.
1087 6. The owner or operator of a private school that has been
1088 deemed ineligible to participate in a scholarship program
1089 pursuant to this chapter may not transfer ownership or
1090 management authority of the school to a relative in order to
1091 participate in a scholarship program as the same school or a new
1092 school. For purposes of this subparagraph, the term “relative”
1093 means father, mother, son, daughter, grandfather, grandmother,
1094 brother, sister, uncle, aunt, cousin, nephew, niece, husband,
1095 wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
1096 brother-in-law, sister-in-law, stepfather, stepmother, stepson,
1097 stepdaughter, stepbrother, stepsister, half brother, or half
1098 sister.
1099 (b) An organization must report the annual audit of
1100 background screening results required under this subsection to
1101 the department.
1102 (9) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
1103 school participating in an educational scholarship program
1104 established pursuant to this chapter may be sectarian or
1105 nonsectarian and must be a private school as defined in s.
1106 1002.01 in this state, be registered, and be in compliance with
1107 all requirements of this section in addition to private school
1108 requirements outlined in s. 1002.42, specific requirements
1109 identified within respective scholarship program laws, and other
1110 provisions of Florida law that apply to private schools.
1111 Additionally, a private school participating in an educational
1112 scholarship program pursuant to this chapter, and must:
1113 (a) Comply with the antidiscrimination provisions of 42
1114 U.S.C. s. 2000d.
1115 (b) Notify the department of its intent to participate in a
1116 scholarship program.
1117 (c) Notify the department of any change in the school’s
1118 name, school director, mailing address, or physical location
1119 within 15 days after the change.
1120 (d) Provide to the department or scholarship-funding
1121 organization all documentation required for a student’s
1122 participation or required by the organization to process a
1123 scholarship payment, including the private school’s and
1124 student’s individual fee schedule, and attendance verification
1125 as required by the department or scholarship-funding
1126 organization, prior to scholarship payment. Such information
1127 must be provided by the deadlines established by the
1128 organization and in accordance with the requirements of this
1129 section and ss. 1002.394 and 1002.395. A student is not eligible
1130 to receive a scholarship payment if the private school fails to
1131 meet the deadlines.
1132 (e) Annually complete and submit to the department a
1133 notarized scholarship compliance statement certifying that all
1134 school employees and contracted personnel with direct student
1135 contact have undergone background screening and have met the
1136 screening standards as provided in s. 1012.315.
1137 (f) Demonstrate fiscal soundness and accountability by:
1138 1. Being in operation for at least 3 school years or
1139 obtaining a surety bond or letter of credit for the amount equal
1140 to the scholarship funds for any quarter and filing the surety
1141 bond or letter of credit with the department.
1142 2. Requiring the parent of each scholarship student to
1143 personally restrictively endorse the scholarship warrant to the
1144 school or to approve a funds transfer before any funds are
1145 deposited for a student. The school may not act as attorney in
1146 fact for the parent of a scholarship student under the authority
1147 of a power of attorney executed by such parent, or under any
1148 other authority, to endorse a scholarship warrant or approve a
1149 funds transfer on behalf of such parent.
1150 (g) Meet applicable state and local health, safety, and
1151 welfare laws, codes, and rules, including:
1152 1. Firesafety.
1153 2. Building safety.
1154 (h) Employ or contract with teachers who hold baccalaureate
1155 or higher degrees, have at least 3 years of teaching experience
1156 in public or private schools, or have special skills, knowledge,
1157 or expertise that qualifies them to provide instruction in
1158 subjects taught.
1159 (i) Maintain a physical location in the state at which each
1160 student has regular and direct contact with teachers. Regular
1161 and direct contact with teachers may be satisfied for students
1162 enrolled pursuant to s. 1002.394(4)(b) or in a personalized
1163 education program if students have regular and direct contact
1164 with teachers at the physical location at least 2 school days
1165 per week and the student learning plan addresses the remaining
1166 instructional time.
1167 (j) Publish on the school’s website, or provide in a
1168 written format, information for parents regarding the school,
1169 including, but not limited to, programs, services, the
1170 qualifications of classroom teachers, and a statement that a
1171 parentally placed private school student with a disability does
1172 not have an individual right to receive some or all of the
1173 special education and related services that the student would
1174 receive if enrolled in a public school under the Individuals
1175 with Disabilities Education Act (IDEA), as amended.
1176 (k) At a minimum, provide the parent of each scholarship
1177 student with a written explanation of the student’s progress on
1178 a quarterly basis.
1179 (l) Cooperate with a student whose parent chooses to
1180 participate in the statewide assessments pursuant to s. 1008.22.
1181 (m) Require each employee and contracted personnel with
1182 direct student contact, upon employment or engagement to provide
1183 services, to undergo background screening under s. 1012.315 and
1184 deny employment to or terminate an employee if he or she fails
1185 to meet the screening standards under s. 1012.315. For purposes
1186 of this paragraph:
1187 1. An “employee or contracted personnel with direct student
1188 contact” means any employee or contracted personnel who has
1189 unsupervised access to a scholarship student for whom the
1190 private school is responsible.
1191 2. The costs of fingerprinting and the background check
1192 shall not be borne by the state.
1193 3. Continued employment of an employee or contracted
1194 personnel after notification that he or she has failed the
1195 background screening under this paragraph shall cause a private
1196 school to be ineligible for participation in a scholarship
1197 program.
1198 4. An employee or contracted personnel holding a valid
1199 Florida teaching certificate who has been fingerprinted pursuant
1200 to s. 1012.32 is not required to comply with the provisions of
1201 this paragraph.
1202 5. All fingerprints submitted to the Department of Law
1203 Enforcement as required by this section must be retained in the
1204 Care Provider Background Screening Clearinghouse as provided in
1205 s. 435.12.
1206 6. Employees, contracted personnel, owners, and operators
1207 must be rescreened as required by s. 435.12.
1208 7. Persons who apply for employment are governed by the
1209 laws and rules in effect at the time of application for
1210 employment, provided that the person is continually employed by
1211 the same school.
1212 (n) Adopt policies establishing standards of ethical
1213 conduct for educational support employees, instructional
1214 personnel, and school administrators. The policies must require
1215 all educational support employees, instructional personnel, and
1216 school administrators, as defined in s. 1012.01, to complete
1217 training on the standards; establish the duty of educational
1218 support employees, instructional personnel, and school
1219 administrators to report, and procedures for reporting, alleged
1220 misconduct by other educational support employees, instructional
1221 personnel, and school administrators which affects the health,
1222 safety, or welfare of a student; and include an explanation of
1223 the liability protections provided under ss. 39.203 and 768.095.
1224 A private school, or any of its employees, may not enter into a
1225 confidentiality agreement regarding terminated or dismissed
1226 educational support employees, instructional personnel, or
1227 school administrators, or employees, personnel, or
1228 administrators who resign in lieu of termination, based in whole
1229 or in part on misconduct that affects the health, safety, or
1230 welfare of a student, and may not provide the employees,
1231 personnel, or administrators with employment references or
1232 discuss the employees’, personnel’s, or administrators’
1233 performance with prospective employers in another educational
1234 setting, without disclosing the employees’, personnel’s, or
1235 administrators’ misconduct. Any part of an agreement or contract
1236 that has the purpose or effect of concealing misconduct by
1237 educational support employees, instructional personnel, or
1238 school administrators which affects the health, safety, or
1239 welfare of a student is void, is contrary to public policy, and
1240 may not be enforced.
1241 (o) Before employing a person in any position that requires
1242 direct contact with students, conduct employment history checks
1243 of previous employers, screen the person through use of the
1244 screening tools described in s. 1001.10(5), and document the
1245 findings. If unable to contact a previous employer, the private
1246 school must document efforts to contact the employer. The
1247 private school may not employ a person whose educator
1248 certificate is revoked, who is barred from reapplying for an
1249 educator certificate, or who is on the disqualification list
1250 maintained by the department pursuant to s. 1001.10(4)(b).
1251 (p) Require each owner or operator of the private school,
1252 prior to employment or engagement to provide services, to
1253 undergo background screening as provided in s. 1012.315. For
1254 purposes of this paragraph, the term “owner or operator” means
1255 an owner, an operator, a superintendent, or a principal of, or a
1256 person with equivalent decisionmaking authority over, a private
1257 school participating in a scholarship program established
1258 pursuant to this chapter. The fingerprints for the background
1259 screening must be electronically submitted to the Department of
1260 Law Enforcement and may be taken by an authorized law
1261 enforcement agency or a private company who is trained to take
1262 fingerprints. However, the complete set of fingerprints of an
1263 owner or operator may not be taken by the owner or operator. The
1264 cost of the background screening may be borne by the owner or
1265 operator.
1266 1. In addition to the offenses listed in s. 435.04, a
1267 person required to undergo background screening pursuant to this
1268 part or authorizing statutes may not have an arrest awaiting
1269 final disposition for, must not have been found guilty of, or
1270 entered a plea of nolo contendere to, regardless of
1271 adjudication, and must not have been adjudicated delinquent for,
1272 and the record must not have been sealed or expunged for, any of
1273 the following offenses or any similar offense of another
1274 jurisdiction:
1275 a. Any authorizing statutes, if the offense was a felony.
1276 b. This chapter, if the offense was a felony.
1277 c. Section 409.920, relating to Medicaid provider fraud.
1278 d. Section 409.9201, relating to Medicaid fraud.
1279 e. Section 741.28, relating to domestic violence.
1280 f. Section 817.034, relating to fraudulent acts through
1281 mail, wire, radio, electromagnetic, photoelectronic, or
1282 photooptical systems.
1283 g. Section 817.234, relating to false and fraudulent
1284 insurance claims.
1285 h. Section 817.505, relating to patient brokering.
1286 i. Section 817.568, relating to criminal use of personal
1287 identification information.
1288 j. Section 817.60, relating to obtaining a credit card
1289 through fraudulent means.
1290 k. Section 817.61, relating to fraudulent use of credit
1291 cards, if the offense was a felony.
1292 l. Section 831.01, relating to forgery.
1293 m. Section 831.02, relating to uttering forged instruments.
1294 n. Section 831.07, relating to forging bank bills, checks,
1295 drafts, or promissory notes.
1296 o. Section 831.09, relating to uttering forged bank bills,
1297 checks, drafts, or promissory notes.
1298 p. Section 831.30, relating to fraud in obtaining medicinal
1299 drugs.
1300 q. Section 831.31, relating to the sale, manufacture,
1301 delivery, or possession with the intent to sell, manufacture, or
1302 deliver any counterfeit controlled substance, if the offense was
1303 a felony.
1304 2. At least 30 calendar days before a transfer of ownership
1305 of a private school, the owner or operator shall notify the
1306 parent of each scholarship student.
1307 3. The owner or operator of a private school that has been
1308 deemed ineligible to participate in a scholarship program
1309 pursuant to this chapter may not transfer ownership or
1310 management authority of the school to a relative in order to
1311 participate in a scholarship program as the same school or a new
1312 school. For purposes of this subparagraph, the term “relative”
1313 means father, mother, son, daughter, grandfather, grandmother,
1314 brother, sister, uncle, aunt, cousin, nephew, niece, husband,
1315 wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
1316 brother-in-law, sister-in-law, stepfather, stepmother, stepson,
1317 stepdaughter, stepbrother, stepsister, half brother, or half
1318 sister.
1319 (p)(q) Provide a report from an independent certified
1320 public accountant who performs the agreed-upon procedures
1321 developed pursuant to s. 1002.395(6)(l) s. 1002.395(6)(q) if the
1322 private school receives more than $250,000 in funds from
1323 scholarships awarded under this chapter in a state fiscal year.
1324 A private school subject to this subsection must annually submit
1325 the report by September 15 to the scholarship-funding
1326 organization that awarded the majority of the school’s
1327 scholarship funds. The agreed-upon procedures must be conducted
1328 in accordance with attestation standards established by the
1329 American Institute of Certified Public Accountants.
1330 (q)(r) Prohibit education support employees, instructional
1331 personnel, and school administrators from employment in any
1332 position that requires direct contact with students if the
1333 personnel or administrators are ineligible for such employment
1334 pursuant to this section or s. 1012.315, or have been terminated
1335 or have resigned in lieu of termination for sexual misconduct
1336 with a student. If the prohibited conduct occurs subsequent to
1337 employment, the private school must report the person and the
1338 disqualifying circumstances to the department for inclusion on
1339 the disqualification list maintained pursuant to s.
1340 1001.10(4)(b).
1341 (r)(s) Not be owned or operated by a person or an entity
1342 domiciled in, owned by, or in any way controlled by a foreign
1343 country of concern or foreign principal as defined in s.
1344 288.860. A violation of this paragraph constitutes an imminent
1345 threat to the health, safety, and welfare of the school’s
1346 students and to the public, sufficient to justify immediate
1347 suspension of payment of scholarship funds under paragraph
1348 (11)(e) paragraph (3)(e), as well as denial, suspension, or
1349 revocation of a school’s participation in a scholarship program
1350 under paragraph (11)(b) paragraph (3)(b).
1351 (s) The inclusion of eligible private schools within
1352 options available to Florida public school students does not
1353 expand the regulatory authority of the state, its officers, or
1354 any school district to impose any additional regulation of
1355 private schools beyond that reasonably necessary to enforce
1356 requirements expressly set forth in this section.
1357
1358 The department shall suspend the payment of funds to a private
1359 school that knowingly fails to comply with this subsection or
1360 subsection (8), and shall prohibit the school from enrolling new
1361 scholarship students, for 1 fiscal year and until the school
1362 complies. If a private school fails to meet the requirements of
1363 this subsection or subsection (8) or has consecutive years of
1364 material exceptions listed in the report required under
1365 paragraph (p) (q), the commissioner may determine that the
1366 private school is ineligible to participate in a scholarship
1367 program.
1368 (10)(2) DEPARTMENT OF EDUCATION OBLIGATIONS.—
1369 (a) The Department of Education shall:
1370 1. Annually verify the eligibility of private schools that
1371 meet the requirements of this section, specific requirements
1372 identified within respective scholarship program laws, and other
1373 provisions of state law that apply to private schools.
1374 2. Establish a toll-free hotline that provides parents and
1375 private schools with information on participation in the
1376 scholarship programs.
1377 3. Publish and update, as necessary, information on the
1378 department website about the educational scholarship programs
1379 established under this chapter, including, but not limited to,
1380 student eligibility criteria, parental responsibilities, and
1381 relevant data. The information must include a list of approved
1382 providers as required by s. 1002.66, eligible postsecondary
1383 educational institutions, eligible private schools, and eligible
1384 organizations and may identify or provide links to lists of
1385 other approved providers.
1386 4. Establish a process by which individuals may notify the
1387 department of any violation by a parent, private school, or
1388 school district of state laws relating to program participation.
1389 If the department has reasonable cause to believe that a
1390 violation of this section or any rule adopted by the State Board
1391 of Education has occurred, it shall conduct an inquiry or make a
1392 referral to the appropriate agency for an investigation. A
1393 department inquiry is not subject to the requirements of chapter
1394 120.
1395 5. Investigate any written complaint of a violation of this
1396 section by a parent, a student, a participating private school,
1397 a public school, a school district, an organization, a provider,
1398 or another appropriate party in accordance with the process
1399 established under s. 1002.421.
1400 6. Investigate fraudulent activity on behalf of
1401 organizations, participating eligible private schools, or
1402 scholarship recipients to determine possible fraud or
1403 overpayment. If, by the department’s own inquiries or as a
1404 result of a complaint, the commissioner has reason to believe
1405 that an organization, a private school, or a recipient has
1406 engaged in, or is engaging in, a fraudulent act, he or she shall
1407 investigate and determine whether any fraud or overpayment has
1408 occurred. During the investigation, the department may examine
1409 all records and make inquiry of all persons who may have
1410 knowledge as to any irregularity incidental to the disbursement
1411 of state funds or other items or benefit authorizations to
1412 scholarship recipients. Based on the results of the
1413 investigation, the department may, in its discretion, refer the
1414 investigation to the Department of Financial Services for
1415 criminal investigation. Any suspected criminal violation
1416 identified by the department must be referred to the Department
1417 of Financial Services for criminal investigation. A person who
1418 commits an act of fraud is subject to the penalties provided in
1419 s. 414.39(5).
1420 7.4. Require an annual, notarized, sworn compliance
1421 statement from participating private schools certifying
1422 compliance with state laws, and retain such records.
1423 8.5. Coordinate with the entities conducting the health
1424 inspection for a private school to obtain copies of the
1425 inspection reports.
1426 9.6. Conduct site visits to private schools entering a
1427 scholarship program for the first time. Beginning with the 2019
1428 2020 school year, a private school is not eligible to receive
1429 scholarship payments until a satisfactory site visit has been
1430 conducted and the school is in compliance with all other
1431 requirements of this section.
1432 10.7. Coordinate with the State Fire Marshal to obtain
1433 access to fire inspection reports for private schools. The
1434 authority conducting the fire safety inspection shall certify to
1435 the State Fire Marshal that the annual inspection has been
1436 completed and that the school is in full compliance. The
1437 certification shall be made electronically or by such other
1438 means as directed by the State Fire Marshal.
1439 11.8. Upon the request of a participating private school
1440 authorized to administer statewide assessments, provide at no
1441 cost to the school the statewide assessments administered under
1442 s. 1008.22 and any related materials for administering the
1443 assessments. Students at a private school may be assessed using
1444 the statewide assessments if the addition of those students and
1445 the school does not cause the state to exceed its contractual
1446 caps for the number of students tested and the number of testing
1447 sites. The state shall provide the same materials and support to
1448 a private school that it provides to a public school. A private
1449 school that chooses to administer statewide assessments under s.
1450 1008.22 shall follow the requirements set forth in ss. 1008.22
1451 and 1008.24, rules adopted by the State Board of Education to
1452 implement those sections, and district-level testing policies
1453 established by the district school board.
1454 12. Maintain and annually publish a list of nationally
1455 norm-referenced tests identified for purposes of satisfying the
1456 testing requirements in subsection (7). The tests must meet
1457 industry standards of quality in accordance with state board
1458 rule.
1459 13. Develop a standard withdrawal form for parents who are
1460 withdrawing their students from public school to enroll in a
1461 scholarship program under this chapter. The form must include
1462 the student’s Florida student identification number, full name,
1463 date of birth, school or program from which the student is
1464 withdrawing, and date of withdrawal.
1465 14. Annually report on the number of students withdrawing
1466 from each scholarship program and enrolling in a public school,
1467 and the number of students withdrawing from a public school and
1468 enrolling in a scholarship program, by scholarship type.
1469 (b) The department may conduct site visits to any private
1470 school participating in a scholarship program pursuant to this
1471 chapter that has received a complaint about a violation of state
1472 law or state board rule pursuant to subparagraph (a)3. or has
1473 received a notice of noncompliance or a notice of proposed
1474 action within the previous 2 years.
1475 (c) At the direction of the Commissioner of Education, the
1476 department may:
1477 1. Suspend or revoke program participation or use of
1478 program funds by the student or participation or eligibility of
1479 an organization, eligible postsecondary educational institution,
1480 approved provider, or other party for a violation of this
1481 section.
1482 2. Determine the length of, and conditions for lifting, a
1483 suspension or revocation specified in this paragraph.
1484 3. Recover unexpended program funds or withhold payment of
1485 an equal amount of program funds to recover program funds that
1486 were not authorized for use.
1487
1488 In determining whether to suspend or revoke participation or
1489 lift a suspension or revocation in accordance with this
1490 paragraph, the department may consider factors that include, but
1491 are not limited to, acts or omissions that led to a previous
1492 suspension or revocation of participation in a state or federal
1493 program or an education scholarship program; failure to
1494 reimburse the organization for funds improperly received or
1495 retained; failure to reimburse government funds improperly
1496 received or retained; imposition of a prior criminal sanction
1497 related to the person or entity or its officers or employees;
1498 imposition of a civil fine or administrative fine, license
1499 revocation or suspension, or program eligibility suspension,
1500 termination, or revocation related to a person’s or entity’s
1501 management or operation; or other types of criminal proceedings
1502 in which the person or entity or its officers or employees were
1503 found guilty of, regardless of adjudication, or entered a plea
1504 of nolo contendere or guilty to, any offense involving fraud,
1505 deceit, dishonesty, or moral turpitude.
1506 (d) The department, in consultation with the organization,
1507 shall develop a uniform reimbursement process that organizations
1508 must use, beginning with the 2026-2027 school year, when
1509 processing reimbursement requests, including invoices, pursuant
1510 to s. 1002.394(11)(b) or s. 1002.395(6)(p). An organization must
1511 approve, deny, or request more information relating to a
1512 reimbursement request within 30 days after receipt of such
1513 request. The department shall coordinate with each organization
1514 to develop a process to collect input and feedback from parents,
1515 private schools, and providers before an organization may
1516 implement substantial modifications or enhancements to the
1517 reimbursement process.
1518 (e) Annually, by December 15, the department shall report
1519 to the Governor, the President of the Senate, and the Speaker of
1520 the House of Representatives its actions in implementing
1521 accountability in the scholarship programs under this section,
1522 both Florida Empowerment Scholarships and Florida Tax Credit
1523 Scholarships, any substantiated allegations or violations of law
1524 or rule by an eligible private school or organization under this
1525 section, and the corrective action taken.
1526 (11)(3) COMMISSIONER OF EDUCATION AUTHORITY AND
1527 OBLIGATIONS.—The Commissioner of Education:
1528 (a) Shall deny, suspend, or revoke a private school’s
1529 participation in a scholarship program if it is determined that
1530 the private school has failed to comply with this section or
1531 exhibits a previous pattern of failure to comply. However, if
1532 the noncompliance is correctable within a reasonable amount of
1533 time, not to exceed 45 days, and if the health, safety, or
1534 welfare of the students is not threatened, the commissioner may
1535 issue a notice of noncompliance which provides the private
1536 school with a timeframe within which to provide evidence of
1537 compliance before taking action to suspend or revoke the private
1538 school’s participation in the scholarship program.
1539 (b) May deny, suspend, or revoke a private school’s
1540 participation in a scholarship program if the commissioner
1541 determines that an owner or operator of the private school is
1542 operating or has operated an educational institution in this
1543 state or in another state or jurisdiction in a manner contrary
1544 to the health, safety, or welfare of the public or if the owner
1545 or operator has exhibited a previous pattern of failure to
1546 comply with this section or specific requirements identified
1547 within respective scholarship program laws. For purposes of this
1548 subsection, the term “owner or operator” has the same meaning as
1549 provided in paragraph (1)(p).
1550 (c) May permanently deny or revoke the authority of an
1551 owner, officer, or director to establish or operate a private
1552 school in the state and include such individual on the
1553 disqualification list maintained by the department pursuant to
1554 s. 1001.10(4)(b) if the commissioner decides that the owner,
1555 officer, or director:
1556 1. Is operating or has operated an educational institution
1557 in the state or another state or jurisdiction in a manner
1558 contrary to the health, safety, or welfare of the public; or
1559 2. Has operated an educational institution that closed
1560 during the school year. An individual may be removed from the
1561 disqualification list if the individual reimburses the
1562 department or eligible nonprofit scholarship-funding
1563 organization the amount of scholarship funds received by the
1564 educational institution during the school year in which it
1565 closed.
1566 (d)1. In making such a determination, may consider factors
1567 that include, but are not limited to, acts or omissions by an
1568 owner or operator which led to a previous denial, suspension, or
1569 revocation of participation in a state or federal education
1570 scholarship program; an owner’s or operator’s failure to
1571 reimburse the department or scholarship-funding organization for
1572 scholarship funds improperly received or retained by a school;
1573 the imposition of a prior criminal sanction related to an
1574 owner’s or operator’s management or operation of an educational
1575 institution; the imposition of a civil fine or administrative
1576 fine, license revocation or suspension, or program eligibility
1577 suspension, termination, or revocation related to an owner’s or
1578 operator’s management or operation of an educational
1579 institution; or other types of criminal proceedings in which an
1580 owner or operator was found guilty of, regardless of
1581 adjudication, or entered a plea of nolo contendere or guilty to,
1582 any offense involving fraud, deceit, dishonesty, or moral
1583 turpitude.
1584 2. The commissioner’s determination is subject to the
1585 following:
1586 a. If the commissioner intends to deny, suspend, or revoke
1587 a private school’s participation in the scholarship program, the
1588 department shall notify the private school of such proposed
1589 action in writing by certified mail and regular mail to the
1590 private school’s address of record with the department. The
1591 notification shall include the reasons for the proposed action
1592 and notice of the timelines and procedures set forth in this
1593 paragraph.
1594 b. The private school that is adversely affected by the
1595 proposed action shall have 15 days after receipt of the notice
1596 of proposed action to file with the department’s agency clerk a
1597 request for a proceeding pursuant to ss. 120.569 and 120.57. If
1598 the private school is entitled to a hearing under s. 120.57(1),
1599 the department shall forward the request to the Division of
1600 Administrative Hearings.
1601 c. Upon receipt of a request referred pursuant to this
1602 subparagraph, the director of the Division of Administrative
1603 Hearings shall expedite the hearing and assign an administrative
1604 law judge who shall commence a hearing within 30 days after the
1605 receipt of the formal written request by the division and enter
1606 a recommended order within 30 days after the hearing or within
1607 30 days after receipt of the hearing transcript, whichever is
1608 later. Each party shall be allowed 10 days in which to submit
1609 written exceptions to the recommended order. A final order shall
1610 be entered by the agency within 30 days after the entry of a
1611 recommended order. The provisions of this sub-subparagraph may
1612 be waived upon stipulation by all parties.
1613 (e) May immediately suspend payment of scholarship funds if
1614 it is determined that there is probable cause to believe that
1615 there is:
1616 1. An imminent threat to the health, safety, or welfare of
1617 the students;
1618 2. A previous pattern of failure to comply with this
1619 section; or
1620 3. Fraudulent activity on the part of the private school;
1621 4. Fraudulent activity or failure to comply with this
1622 section on the part of an organization; or
1623 5. Fraudulent activity or failure to comply with this
1624 section on the part of a scholarship recipient.
1625
1626 Notwithstanding s. 1002.22, in incidents of alleged fraudulent
1627 activity pursuant to this section, the department’s Office of
1628 Inspector General is authorized to release personally
1629 identifiable records or reports of students to the following
1630 persons or organizations:
1631 a. A court of competent jurisdiction in compliance with an
1632 order of that court or the attorney of record in accordance with
1633 a lawfully issued subpoena, consistent with the Family
1634 Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
1635 b. A person or entity authorized by a court of competent
1636 jurisdiction in compliance with an order of that court or the
1637 attorney of record pursuant to a lawfully issued subpoena,
1638 consistent with the Family Educational Rights and Privacy Act,
1639 20 U.S.C. s. 1232g.
1640 c. Any person, entity, or authority issuing a subpoena for
1641 law enforcement purposes when the court or other issuing agency
1642 has ordered that the existence or the contents of the subpoena
1643 or the information furnished in response to the subpoena not be
1644 disclosed, consistent with the Family Educational Rights and
1645 Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
1646
1647 The commissioner’s order suspending payment pursuant to this
1648 paragraph may be appealed pursuant to the same procedures and
1649 timelines as the notice of proposed action set forth in
1650 subparagraph (d)2.
1651 (12) SCHOOL DISTRICT OBLIGATIONS.—
1652 (a) By January 1 of each year, a school district shall
1653 inform all households within the district receiving free or
1654 reduced-priced meals under the National School Lunch Act of
1655 their eligibility to apply for a scholarship program established
1656 under this chapter. The form of such notice shall be provided by
1657 the department, and the school district shall include the
1658 provided form in any normal correspondence with eligible
1659 households. If an organization requests a special communication
1660 to be issued to households within the district receiving free or
1661 reduced-price meals under the National School Lunch Act, the
1662 organization shall reimburse the district for the cost of
1663 postage. Such notice is limited to once a year.
1664 (b) Upon the request of the department, a school district
1665 shall coordinate with the department to provide to a
1666 participating private school the statewide assessments
1667 administered under s. 1008.22 and any related materials for
1668 administering the assessments. For a student participating in a
1669 scholarship program established under this chapter whose parent
1670 requests that the student take the statewide assessments under
1671 s. 1008.22, the district in which the student attends a
1672 participating private school shall provide locations and times
1673 to take all statewide assessments. A school district is
1674 responsible for implementing test administrations at a
1675 participating private school, including:
1676 1. Providing training for private school staff on test
1677 security and assessment administration procedures;
1678 2. Distributing testing materials to a private school;
1679 3. Retrieving testing materials from a private school;
1680 4. Providing the required format for a private school to
1681 submit information to the district for test administration and
1682 enrollment purposes; and
1683 5. Providing any required assistance, monitoring, or
1684 investigation at a private school.
1685 (c) Each school district must publish information about a
1686 scholarship program established under this chapter on the
1687 district’s website homepage. At a minimum, the published
1688 information must include a website link to the scholarship
1689 programs published on the department’s website as well as a
1690 telephone number and e-mail address that students and parents
1691 may use to contact relevant personnel in the school district to
1692 obtain information about the scholarship.
1693 (d) A school district, upon the request of a parent, must
1694 provide the parent of a student enrolled in a school in the
1695 school district the standard withdrawal form developed by the
1696 department. The school district must sign a completed form
1697 within 10 days after receipt. The school district must also
1698 publish the withdrawal form on its website in a downloadable
1699 format no later than 10 days after adoption by the department.
1700 (4) The inclusion of eligible private schools within
1701 options available to Florida public school students does not
1702 expand the regulatory authority of the state, its officers, or
1703 any school district to impose any additional regulation of
1704 private schools beyond those reasonably necessary to enforce
1705 requirements expressly set forth in this section.
1706 (13)(5) RULEMAKING.—The State Board of Education shall
1707 adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
1708 this section, including rules to establish a deadline for
1709 private school applications for participation and timelines for
1710 the department to conduct site visits.
1711 Section 5. Subsections (2) through (12) of section
1712 1002.394, Florida Statutes, are amended to read:
1713 1002.394 The Family Empowerment Scholarship Program.—
1714 (2) DEFINITIONS.—As used in this section, the term:
1715 (a) “Approved provider” means a provider approved by the
1716 Agency for Persons with Disabilities, a health care practitioner
1717 as defined in s. 456.001, or a provider approved by the
1718 department pursuant to s. 1002.66.
1719 (b) “Choice navigator” has the same meaning as in s.
1720 1002.395(2).
1721 (c) “Curriculum” means a complete course of study for a
1722 particular content area or grade level, including any required
1723 supplemental materials and associated online instruction.
1724 (d) “Department” means the Department of Education.
1725 (e) “Disability” means, for a 3- or 4-year-old child or for
1726 a student in kindergarten to grade 12, autism spectrum disorder,
1727 as defined in the Diagnostic and Statistical Manual of Mental
1728 Disorders, Fifth Edition, published by the American Psychiatric
1729 Association; cerebral palsy, as defined in s. 393.063; Down
1730 syndrome, as defined in s. 393.063; an intellectual disability,
1731 as defined in s. 393.063; a speech impairment; a language
1732 impairment; an orthopedic impairment; any other health
1733 impairment; an emotional or a behavioral disability; a specific
1734 learning disability, including, but not limited to, dyslexia,
1735 dyscalculia, or developmental aphasia; Phelan-McDermid syndrome,
1736 as defined in s. 393.063; Prader-Willi syndrome, as defined in
1737 s. 393.063; spina bifida, as defined in s. 393.063; being a
1738 high-risk child, as defined in s. 393.063(23)(a); muscular
1739 dystrophy; Williams syndrome; rare diseases which affect patient
1740 populations of fewer than 200,000 individuals in the United
1741 States, as defined by the National Organization for Rare
1742 Disorders; anaphylaxis; a hearing impairment, including
1743 deafness; a visual impairment, including blindness; traumatic
1744 brain injury; hospital or homebound; or identification as dual
1745 sensory impaired, as defined by rules of the State Board of
1746 Education and evidenced by reports from local school districts.
1747 The term “hospital or homebound” includes a student who has a
1748 medically diagnosed physical or psychiatric condition or
1749 illness, as defined by the state board in rule, and who is
1750 confined to the home or hospital for more than 6 months.
1751 (f) “Eligible nonprofit scholarship-funding organization”
1752 or “organization” has the same meaning as in s. 1002.395(2).
1753 (g) “Eligible postsecondary educational institution” means
1754 a Florida College System institution; a state university; a
1755 school district technical center; a school district adult
1756 general education center; an independent college or university
1757 that is eligible to participate in the William L. Boyd, IV,
1758 Effective Access to Student Education Grant Program under s.
1759 1009.89; or an accredited independent postsecondary educational
1760 institution, as defined in s. 1005.02, which is licensed to
1761 operate in this state under part III of chapter 1005 or is
1762 approved to participate in a reciprocity agreement as defined in
1763 s. 1000.35(2).
1764 (h) “Eligible private school” has the same meaning as in s.
1765 1002.395(2).
1766 (i) “IEP” means an individual education plan, regardless of
1767 whether the plan has been reviewed or revised within the last 12
1768 months.
1769 (j) “Inactive” means that no eligible expenditures have
1770 been made from an account funded pursuant to paragraph (12)(b).
1771 (k) “Job coach” means an individual employed to help people
1772 with disabilities learn, accommodate to, and perform their work
1773 duties.
1774 (l) “Law enforcement officer” has the same meaning as
1775 provided in s. 943.10(1).
1776 (m) “Parent” means a resident of this state who is a
1777 parent, as defined in s. 1000.21.
1778 (b)(n) “Program” means the Family Empowerment Scholarship
1779 Program.
1780 (3) SCHOLARSHIP ELIGIBILITY.—
1781 (a)1. A parent of a student may apply pursuant to s.
1782 1002.421 for and receive from the state a scholarship for the
1783 purposes specified in paragraph (4)(a) if the student:
1784 1.a. Is a resident of this state or the dependent child of
1785 an active duty member of the United States Armed Forces who has
1786 received permanent change of station orders to this state; and
1787 2.b. Is eligible to enroll in kindergarten through grade 12
1788 in a public school in this state or received a scholarship under
1789 the former Hope Scholarship Program in the 2023-2024 school
1790 year.
1791 2. Priority must be given in the following order:
1792 a. A student whose household income level does not exceed
1793 185 percent of the federal poverty level or who is in foster
1794 care or out-of-home care.
1795 b. A student whose household income level exceeds 185
1796 percent of the federal poverty level, but does not exceed 400
1797 percent of the federal poverty level.
1798 (b) A parent of a student with a disability may apply
1799 pursuant to s. 1002.421 for and receive from the state a
1800 scholarship, which shall be referred to as the McKay-Gardiner
1801 Scholarship, for the purposes specified in paragraph (4)(b) if
1802 the student:
1803 1. Is a resident of this state or the dependent child of an
1804 active duty member of the United States Armed Forces who has
1805 received permanent change of station orders to this state or, at
1806 the time of renewal, whose home of record or state of legal
1807 residence is Florida;
1808 2. Is 3 or 4 years of age during the year in which the
1809 student applies for program participation or is eligible to
1810 enroll in kindergarten through grade 12 in a public school in
1811 this state;
1812 3. Has a disability as defined in subsection (2); and
1813 4. Is the subject of an IEP written in accordance with
1814 rules of the State Board of Education or with the applicable
1815 rules of another state or has received a diagnosis of a
1816 disability from a physician who is licensed under chapter 458 or
1817 chapter 459, a psychologist who is licensed under chapter 490,
1818 or a physician who holds an active license issued by another
1819 state or territory of the United States, the District of
1820 Columbia, or the Commonwealth of Puerto Rico.
1821 (4) AUTHORIZED USES OF PROGRAM FUNDS.—
1822 (a) Program funds awarded to a student determined eligible
1823 pursuant to paragraph (3)(a) may be used for:
1824 1. Tuition and fees at an eligible private school.
1825 2. Instructional materials, including digital materials,
1826 digital devices, and Internet resources.
1827 3. Curriculum as defined in subsection (2).
1828 4. Tuition and fees associated with full-time or part-time
1829 enrollment in an eligible postsecondary educational institution
1830 or a program offered by the postsecondary educational
1831 institution, unless the program is subject to s. 1009.25 or
1832 reimbursed pursuant to s. 1009.30; an approved preapprenticeship
1833 program as defined in s. 446.021(5) which is not subject to s.
1834 1009.25 and complies with all applicable requirements of the
1835 department pursuant to chapter 1005; a private tutoring program
1836 authorized under s. 1002.43; a virtual program offered by a
1837 department-approved private online provider that meets the
1838 provider qualifications specified in s. 1002.45(2)(a); the
1839 Florida Virtual School as a private paying student; or an
1840 approved online course offered pursuant to s. 1003.499 or s.
1841 1004.0961.
1842 5. Fees for nationally standardized, norm-referenced
1843 achievement tests, Advanced Placement Examinations, industry
1844 certification examinations, assessments related to postsecondary
1845 education, or other assessments.
1846 6. Contracted services provided by a public school or
1847 school district, including classes. A student who receives
1848 contracted services under this subparagraph is not considered
1849 enrolled in a public school for eligibility purposes as
1850 specified in subsection (6) but rather attending a public school
1851 on a part-time basis as authorized under s. 1002.44.
1852 7. Tuition and fees for part-time tutoring services or fees
1853 for services provided by a choice navigator. Such services must
1854 be provided by a person who holds a valid Florida educator’s
1855 certificate pursuant to s. 1012.56, a person who holds an
1856 adjunct teaching certificate pursuant to s. 1012.57, a person
1857 who has a bachelor’s degree or a graduate degree in the subject
1858 area or related subject area in which instruction is given, a
1859 person who has demonstrated a mastery of subject area knowledge
1860 pursuant to s. 1012.56(5), or a person certified by a nationally
1861 or internationally recognized research-based training program as
1862 approved by the department. As used in this subparagraph, the
1863 term “part-time tutoring services” does not qualify as regular
1864 school attendance as defined in s. 1003.01(16)(e).
1865 8. Membership dues and related activity fees for
1866 participation in career and technical student organizations.
1867 (b) Program funds awarded to a student with a disability
1868 determined eligible pursuant to paragraph (3)(b) may be used for
1869 the following purposes:
1870 1. Instructional materials, including digital devices,
1871 digital periphery devices, and assistive technology devices that
1872 allow a student to access instruction or instructional content
1873 and training on the use of and maintenance agreements for these
1874 devices.
1875 2. Curriculum as defined in subsection (2).
1876 3. Specialized services by approved providers or by a
1877 hospital in this state which are selected by the parent. These
1878 specialized services may include, but are not limited to:
1879 a. Applied behavior analysis services as provided in ss.
1880 627.6686 and 641.31098.
1881 b. Services provided by speech-language pathologists as
1882 defined in s. 468.1125(8).
1883 c. Occupational therapy as defined in s. 468.203.
1884 d. Services provided by physical therapists as defined in
1885 s. 486.021(8).
1886 e. Services provided by listening and spoken language
1887 specialists and an appropriate acoustical environment for a
1888 child who has a hearing impairment, including deafness, and who
1889 has received an implant or assistive hearing device.
1890 4. Tuition and fees associated with full-time or part-time
1891 enrollment in a home education program that meets all of the
1892 following requirements:
1893 a. Provides educational courses or activities.
1894 b. Has a publicly available description of courses and
1895 activities.
1896 c. Has a tuition and fee schedule.
1897 d. Makes the tuition and fees payable to a registered
1898 business entity.
1899 5. Tuition and fees associated with full-time or part-time
1900 enrollment in; an eligible private school; an eligible
1901 postsecondary educational institution or a program offered by
1902 the postsecondary educational institution, unless the program is
1903 subject to s. 1009.25 or reimbursed pursuant to s. 1009.30; an
1904 approved preapprenticeship program as defined in s. 446.021(5)
1905 which is not subject to s. 1009.25 and complies with all
1906 applicable requirements of the department pursuant to chapter
1907 1005; a private tutoring program authorized under s. 1002.43; a
1908 virtual program offered by a department-approved private online
1909 provider that meets the provider qualifications specified in s.
1910 1002.45(2)(a); the Florida Virtual School as a private paying
1911 student; or an approved online course offered pursuant to s.
1912 1003.499 or s. 1004.0961.
1913 6.5. Fees for nationally standardized, norm-referenced
1914 achievement tests, Advanced Placement Examinations, industry
1915 certification examinations, assessments related to postsecondary
1916 education, or other assessments.
1917 7.6. Contributions to the Stanley G. Tate Florida Prepaid
1918 College Program pursuant to s. 1009.98 or the Florida College
1919 Savings Program pursuant to s. 1009.981 for the benefit of the
1920 eligible student.
1921 8.7. Contracted services provided by a public school or
1922 school district, including classes. A student who receives
1923 services under a contract under this paragraph is not considered
1924 enrolled in a public school for eligibility purposes as
1925 specified in subsection (6) but rather attending a public school
1926 on a part-time basis as authorized under s. 1002.44.
1927 9.8. Tuition and fees for part-time tutoring services or
1928 fees for services provided by a choice navigator. Such services
1929 must be provided by a person who holds a valid Florida
1930 educator’s certificate pursuant to s. 1012.56, a person who
1931 holds an adjunct teaching certificate pursuant to s. 1012.57, a
1932 person who has a bachelor’s degree or a graduate degree in the
1933 subject area or related subject area in which instruction is
1934 given, a person who has demonstrated a mastery of subject area
1935 knowledge pursuant to s. 1012.56(5), or a person certified by a
1936 nationally or internationally recognized research-based training
1937 program as approved by the department. As used in this
1938 subparagraph, the term “part-time tutoring services” does not
1939 qualify as regular school attendance as defined in s.
1940 1003.01(16)(e).
1941 10.9. Fees for specialized summer education programs.
1942 11.10. Fees for specialized after-school education
1943 programs.
1944 12.11. Transition services provided by job coaches.
1945 Transition services are a coordinated set of activities which
1946 are focused on improving the academic and functional achievement
1947 of a student with a disability to facilitate the student’s
1948 movement from school to postschool activities and are based on
1949 the student’s needs.
1950 13.12. Fees for an annual evaluation of educational
1951 progress by a state-certified teacher under s. 1002.41(1)(f), if
1952 this option is chosen for a home education student.
1953 14.13. Tuition and fees associated with programs offered by
1954 Voluntary Prekindergarten Education Program providers approved
1955 pursuant to s. 1002.55, school readiness providers approved
1956 pursuant to s. 1002.88, and prekindergarten programs offered by
1957 an eligible private school.
1958 15.14. Fees for services provided at a center that is a
1959 member of the Professional Association of Therapeutic
1960 Horsemanship International.
1961 16.15. Fees for services provided by a therapist who is
1962 certified by the Certification Board for Music Therapists or
1963 credentialed by the Art Therapy Credentials Board, Inc.
1964 17. Membership dues and related activity fees for
1965 participation in career and technical student organizations.
1966 (5) TERM OF SCHOLARSHIP.—For purposes of continuity of
1967 educational choice:
1968 (a)1. A scholarship funded to an eligible student pursuant
1969 to paragraph (3)(a) shall remain in force until:
1970 a. The organization determines that the student is not
1971 eligible for program renewal;
1972 b. The Commissioner of Education suspends or revokes
1973 program participation or use of funds;
1974 c. The student’s parent has forfeited participation in the
1975 program for failure to comply with the scholarship program
1976 requirements subsection (10);
1977 d. The student, who uses the scholarship for tuition and
1978 fees pursuant to subparagraph (4)(a)1., enrolls in a public
1979 school. However, if a student enters a Department of Juvenile
1980 Justice detention center for a period of no more than 21 days,
1981 the student is not considered to have returned to a public
1982 school on a full-time basis for that purpose; or
1983 e. The student graduates from high school or attains 21
1984 years of age, whichever occurs first.
1985 2.a. The student’s scholarship account must be closed and
1986 any remaining funds shall revert to the state after:
1987 a.(I) Denial or revocation of program eligibility by the
1988 commissioner for fraud or abuse, including, but not limited to,
1989 the student or student’s parent accepting any payment, refund,
1990 or rebate, in any manner, from a provider of any services
1991 received pursuant to paragraph (4)(a);
1992 b.(II) One fiscal year Two consecutive fiscal years in
1993 which an account has been inactive; or
1994 c.(III) A student remains unenrolled in an eligible private
1995 school for 30 days while receiving a scholarship that requires
1996 full-time enrollment; or
1997 d. A student’s scholarship no longer remains in force due
1998 to any of the reasons provided in subparagraph 1.
1999 3. An organization must notify the parent prior to closing
2000 a student’s account regarding the reason the account will be
2001 closed and that the balance of funds will revert upon closure.
2002 4. An organization must annually report to the department
2003 the total number of scholarship accounts that were closed
2004 pursuant to subparagraph 2. and the amount of funds, by account,
2005 which
2006 b. Reimbursements for program expenditures may continue
2007 until the account balance is expended or remaining funds have
2008 reverted to the state.
2009 (b)1. A scholarship funded to an eligible student pursuant
2010 to paragraph (3)(b) shall remain in force until:
2011 a. The parent does not renew program eligibility;
2012 b. The organization determines that the student is not
2013 eligible for program renewal;
2014 c. The Commissioner of Education suspends or revokes
2015 program participation or use of funds;
2016 d. The student’s parent has forfeited participation in the
2017 program for failure to comply with the scholarship requirements
2018 subsection (10);
2019 e. The student enrolls full time in a public school; or
2020 f. The student graduates from high school or attains 22
2021 years of age, whichever occurs first.
2022 2. Reimbursements for program expenditures may continue
2023 until the account balance is expended or the account is closed.
2024 3. A student’s scholarship account must be closed and any
2025 remaining funds, including, but not limited to, contributions
2026 made to the Stanley G. Tate Florida Prepaid College Program or
2027 earnings from or contributions made to the Florida College
2028 Savings Program using program funds pursuant to subparagraph
2029 (4)(b)7. (4)(b)6., shall revert to the state after:
2030 a. Denial or revocation of program eligibility by the
2031 commissioner for fraud or abuse, including, but not limited to,
2032 the student or student’s parent accepting any payment, refund,
2033 or rebate, in any manner, from a provider of any services
2034 received pursuant to subsection (4); or
2035 b. Any period of 3 consecutive years after high school
2036 completion or graduation during which the student has not been
2037 enrolled in an eligible postsecondary educational institution or
2038 a program offered by the institution; or
2039 c. Two consecutive fiscal years in which an account has
2040 been inactive.
2041 4. An organization must notify the parent prior to closing
2042 a student’s account regarding the reason the account will be
2043 closed and that the balance of funds will revert upon closure.
2044 5. Upon a student reaching the age of 16, the organization
2045 must notify the parent if there is a balance in the student’s
2046 account and provide the amount of the balance and information
2047 regarding how the funds may be used.
2048 6. An organization must annually report to the department
2049 the total number of scholarship accounts that were closed
2050 pursuant to subparagraph 3. and the amount of funds by account
2051 that reverted to the state.
2052 (c) Upon reasonable notice to the organization and the
2053 school district, the student’s parent may remove the student
2054 from the participating private school and place the student in a
2055 public school in accordance with this section. Upon receipt of
2056 notification from the parent, the organization must notify the
2057 department of the student’s withdrawal from the scholarship
2058 program and may not provide payments into the student’s account.
2059 A violation of this paragraph by the organization results in
2060 liability on behalf of the organization pursuant to s.
2061 1002.421(4)(d).
2062 (d) Upon reasonable notice to the organization, the
2063 student’s parent may move the student from one participating
2064 private school to another participating private school.
2065 (6) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
2066 a Family Empowerment Scholarship while he or she is:
2067 (a) Enrolled full time in a public school, including, but
2068 not limited to, the Florida School for the Deaf and the Blind,
2069 the College-Preparatory Boarding Academy, the Florida Virtual
2070 School, the Florida Scholars Academy, a developmental research
2071 school authorized under s. 1002.32, or a charter school
2072 authorized under this chapter. For purposes of this paragraph, a
2073 3- or 4-year-old child who receives services funded through the
2074 Florida Education Finance Program is considered to be a student
2075 enrolled in a public school;
2076 (b) Enrolled in a school operating for the purpose of
2077 providing educational services to youth in a Department of
2078 Juvenile Justice commitment program;
2079 (c) Receiving any other educational scholarship pursuant to
2080 this chapter. However, an eligible public school student
2081 receiving a scholarship under s. 1002.411 may receive a stipend
2082 for transportation pursuant to s. 1002.31(7);
2083 (d) Not having regular and direct contact with his or her
2084 private school teachers pursuant to s. 1002.421(9)(i) s.
2085 1002.421(1)(i), unless he or she is eligible pursuant to
2086 paragraph (3)(b) and enrolled in the participating private
2087 school’s transition-to-work program pursuant to subsection (16)
2088 or a home education program pursuant to s. 1002.41;
2089 (e) Participating in a private tutoring program pursuant to
2090 s. 1002.43 unless he or she is determined eligible pursuant to
2091 paragraph (3)(b); or
2092 (f) Participating in virtual instruction pursuant to s.
2093 1002.455 that receives state funding pursuant to the student’s
2094 participation.
2095 (7) SCHOOL DISTRICT OBLIGATIONS.—
2096 (a) By January 1 of each year, a school district shall
2097 inform all households within the district receiving free or
2098 reduced-priced meals under the National School Lunch Act of
2099 their eligibility to apply to the department for a Family
2100 Empowerment Scholarship. The form of such notice shall be
2101 provided by the department, and the school district shall
2102 include the provided form in any normal correspondence with
2103 eligible households. Such notice is limited to once a year.
2104 (b)1. The parent of a student with a disability who does
2105 not have an IEP in accordance with subparagraph (3)(b)4. or who
2106 seeks a reevaluation of an existing IEP may request an IEP
2107 meeting and evaluation from the school district in order to
2108 obtain or revise a matrix of services. The school district shall
2109 notify a parent who has made a request for an IEP that the
2110 district is required to complete the IEP and matrix of services
2111 within 60 30 days after receiving notice of the parent’s
2112 request. The school district shall conduct a meeting and develop
2113 an IEP and a matrix of services within 60 30 days after receipt
2114 of the parent’s request in accordance with State Board of
2115 Education rules. The district must accept the diagnosis and
2116 consider the service plan of the licensed professional providing
2117 the diagnosis pursuant to subparagraph (3)(b)4. The school
2118 district must complete a matrix that assigns the student to one
2119 of the levels of service as they existed before the 2000-2001
2120 school year. For a nonpublic school student without an IEP, the
2121 school district is authorized to use evaluation reports and
2122 plans of care developed by the licensed professionals under
2123 subparagraph (4)(b)3. to complete the matrix of services.
2124 2.a. The school district must provide the student’s parent
2125 and the department with the student’s matrix level within 10
2126 calendar days after its completion.
2127 b. The department shall notify the parent and the
2128 organization of the amount of the funds awarded within 10 days
2129 after receiving the school district’s notification of the
2130 student’s matrix level.
2131 c. A school district may change a matrix of services only
2132 if the change is a result of an IEP reevaluation or to correct a
2133 technical, typographical, or calculation error.
2134 (b)1.(c)1. Within 10 days after an IEP meeting is held, a
2135 school district shall notify the parent of a student of all
2136 options available pursuant to this section and offer that
2137 student’s parent an opportunity to enroll the student in another
2138 public school in the school district.
2139 2. The parent is not required to accept the offer of
2140 enrolling the student in another public school in lieu of
2141 requesting a scholarship. However, if the parent chooses the
2142 public school option, the student may continue attending the
2143 public school chosen by the parent until the student graduates
2144 from high school.
2145 3. The parent may choose another public school in the
2146 school district, and the school district shall provide
2147 transportation to the public school selected by the parent.
2148 4. The parent may choose, as an alternative, to enroll the
2149 student in and transport the student to a public school in an
2150 adjacent school district that has available space and has a
2151 program with the services agreed to in the student’s IEP already
2152 in place, and that school district shall accept the student and
2153 report the student for purposes of the school district’s funding
2154 pursuant to the Florida Education Finance Program.
2155 (d) Upon the request of the department, a school district
2156 shall coordinate with the department to provide to a
2157 participating private school the statewide assessments
2158 administered under s. 1008.22 and any related materials for
2159 administering the assessments. For a student who participates in
2160 the Family Empowerment Scholarship Program whose parent requests
2161 that the student take the statewide assessments under s.
2162 1008.22, the district in which the student attends a
2163 participating private school shall provide locations and times
2164 to take all statewide assessments. A school district is
2165 responsible for implementing test administrations at a
2166 participating private school, including the:
2167 1. Provision of training for private school staff on test
2168 security and assessment administration procedures;
2169 2. Distribution of testing materials to a private school;
2170 3. Retrieval of testing materials from a private school;
2171 4. Provision of the required format for a private school to
2172 submit information to the district for test administration and
2173 enrollment purposes; and
2174 5. Provision of any required assistance, monitoring, or
2175 investigation at a private school.
2176 (e) Each school district must publish information about the
2177 Family Empowerment Scholarship Program on the district’s website
2178 homepage. At a minimum, the published information must include a
2179 website link to the Family Empowerment Scholarship Program
2180 published on the Department of Education website as well as a
2181 telephone number and e-mail that students and parents may use to
2182 contact relevant personnel in the school district to obtain
2183 information about the scholarship.
2184 (8) DEPARTMENT OF EDUCATION OBLIGATIONS.—
2185 (a) The department shall:
2186 1. Publish and update, as necessary, information on the
2187 department website about the Family Empowerment Scholarship
2188 Program, including, but not limited to, student eligibility
2189 criteria, parental responsibilities, and relevant data.
2190 2. Report, as part of the determination of full-time
2191 equivalent membership pursuant to s. 1011.62(1)(a), all
2192 scholarship students funded through the Florida Education
2193 Finance Program, and cross-check the list of scholarship
2194 students submitted by the eligible nonprofit scholarship-funding
2195 organization with the full-time equivalent student membership
2196 survey data to avoid duplication.
2197 3. Maintain and annually publish a list of nationally norm
2198 referenced tests identified for purposes of satisfying the
2199 testing requirement in subparagraph (9)(c)1. The tests must meet
2200 industry standards of quality in accordance with state board
2201 rule.
2202 4. Notify eligible nonprofit scholarship-funding
2203 organizations of the deadlines for submitting the verified list
2204 of eligible scholarship students.
2205 (a)5. Deny or terminate program participation upon a
2206 parent’s failure to comply with the scholarship program
2207 requirements subsection (10).
2208 6. Notify the parent and the organization when a
2209 scholarship account is closed and program funds revert to the
2210 state.
2211 7. Notify an eligible nonprofit scholarship-funding
2212 organization of any of the organization’s or other
2213 organization’s identified students who are receiving
2214 scholarships under this chapter.
2215 (b)8. Maintain on its website a list of approved providers
2216 as required by s. 1002.66, eligible postsecondary educational
2217 institutions, eligible private schools, and eligible
2218 organizations and may identify or provide links to lists of
2219 other approved providers.
2220 9. Require each organization to verify eligible
2221 expenditures before the distribution of funds for any
2222 expenditures made pursuant to subparagraphs (4)(b)1. and 2.
2223 Review of expenditures made for services specified in
2224 subparagraphs (4)(b)3.-15. may be completed after the purchase
2225 is made.
2226 (c)10. Investigate any written complaint of a violation of
2227 this section by a parent, a student, a participating private
2228 school, a public school, a school district, an organization, a
2229 provider, or another appropriate party in accordance with the
2230 process established under s. 1002.421.
2231 (d)11. Require quarterly reports by an organization, which
2232 must include, at a minimum, the number of students participating
2233 in the program; the demographics of program participants; the
2234 disability category of program participants; the matrix level of
2235 services, if known; the program award amount per student; the
2236 total expenditures for the purposes specified in paragraph
2237 (4)(b); the types of providers of services to students; the
2238 number of scholarship applications received, the number of
2239 applications processed within 30 days after receipt, and the
2240 number of incomplete applications received; data related to
2241 reimbursement submissions, including the average number of days
2242 for a reimbursement to be reviewed and the average number of
2243 days for a reimbursement to be approved; any parent input and
2244 feedback collected regarding the program; and any other
2245 information deemed necessary by the department.
2246 12. Notify eligible nonprofit scholarship-funding
2247 organizations that scholarships may not be awarded in a school
2248 district in which the award will exceed 99 percent of the school
2249 district’s share of state funding through the Florida Education
2250 Finance Program as calculated by the department.
2251 13. Adjust payments to eligible nonprofit scholarship
2252 funding organizations and, when the Florida Education Finance
2253 Program is recalculated, adjust the amount of state funds
2254 allocated to school districts through the Florida Education
2255 Finance Program based upon the results of the cross-check
2256 completed pursuant to subparagraph 2.
2257 (b) At the direction of the Commissioner of Education, the
2258 department may:
2259 1. Suspend or revoke program participation or use of
2260 program funds by the student or participation or eligibility of
2261 an organization, eligible postsecondary educational institution,
2262 approved provider, or other party for a violation of this
2263 section.
2264 2. Determine the length of, and conditions for lifting, a
2265 suspension or revocation specified in this paragraph.
2266 3. Recover unexpended program funds or withhold payment of
2267 an equal amount of program funds to recover program funds that
2268 were not authorized for use.
2269
2270 In determining whether to suspend or revoke participation or
2271 lift a suspension or revocation in accordance with this
2272 paragraph, the department may consider factors that include, but
2273 are not limited to, acts or omissions that led to a previous
2274 suspension or revocation of participation in a state or federal
2275 program or an education scholarship program; failure to
2276 reimburse the organization for funds improperly received or
2277 retained; failure to reimburse government funds improperly
2278 received or retained; imposition of a prior criminal sanction
2279 related to the person or entity or its officers or employees;
2280 imposition of a civil fine or administrative fine, license
2281 revocation or suspension, or program eligibility suspension,
2282 termination, or revocation related to a person’s or entity’s
2283 management or operation; or other types of criminal proceedings
2284 in which the person or entity or its officers or employees were
2285 found guilty of, regardless of adjudication, or entered a plea
2286 of nolo contendere or guilty to, any offense involving fraud,
2287 deceit, dishonesty, or moral turpitude.
2288 (e)(c) The department shall Notify each school district of
2289 the full-time equivalent student consensus estimate of students
2290 participating in the program developed pursuant to s.
2291 216.136(4)(a).
2292 (f)(d) The department may Provide guidance to a
2293 participating private school that submits a transition-to-work
2294 program plan pursuant to subsection (15) (16).
2295 (g) Develop guidance for students eligible pursuant to
2296 paragraph (3)(b) which details the available transition
2297 services, including postsecondary education, employment, and
2298 independent living, for which scholarship funds may be used.
2299 (9) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
2300 eligible to participate in the Family Empowerment Scholarship
2301 Program, a private school may be sectarian or nonsectarian and
2302 must:
2303 (a) Comply with all requirements for private schools
2304 participating in state school choice scholarship programs
2305 pursuant to s. 1002.421.
2306 (b) Provide to the organization all documentation required
2307 for a student’s participation, including confirmation of the
2308 student’s admission to the private school, the private school’s
2309 and student’s fee schedules, and any other information required
2310 by the organization to process scholarship payment under
2311 subparagraph (12)(a)3. Such information must be provided by the
2312 deadlines established by the organization and in accordance with
2313 the requirements of this section. A student is not eligible to
2314 receive a quarterly scholarship payment if the private school
2315 fails to meet the deadline.
2316 (c)1. Annually administer or make provision for students
2317 participating in the program in grades 3 through 10 to take one
2318 of the nationally norm-referenced tests that are identified by
2319 the department pursuant to paragraph (8)(a) or to take the
2320 statewide assessments pursuant to s. 1008.22. Students with
2321 disabilities for whom the physician or psychologist who issued
2322 the diagnosis or the IEP team determines that standardized
2323 testing is not appropriate are exempt from this requirement. A
2324 participating private school shall report a student’s scores to
2325 his or her parent. By August 15 of each year, a participating
2326 private school must report the scores of all participating
2327 students to a state university as described in s.
2328 1002.395(9)(f).
2329 2. Administer the statewide assessments pursuant to s.
2330 1008.22 if the private school chooses to offer the statewide
2331 assessments. A participating private school may choose to offer
2332 and administer the statewide assessments to all students who
2333 attend the private school in grades 3 through 10 and must submit
2334 a request in writing to the department by March 1 of each year
2335 in order to administer the statewide assessments in the
2336 subsequent school year.
2337 (d) For a student determined eligible pursuant to paragraph
2338 (3)(b), discuss the school’s academic programs and policies,
2339 specialized services, code of conduct, and attendance policies
2340 before enrollment with the parent to determine which programs
2341 and services may meet the student’s individual needs.
2342
2343 If a private school fails to meet the requirements of this
2344 subsection or s. 1002.421, the commissioner may determine that
2345 the private school is ineligible to participate in the
2346 scholarship program.
2347 (9)(10) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
2348 PARTICIPATION.—
2349 (a) A parent who applies for a scholarship under paragraph
2350 (3)(a) whose student will be enrolled full time in an eligible
2351 private school must:
2352 1. Select an eligible private school and apply for the
2353 admission of his or her student.
2354 2. Request the scholarship by the date established by the
2355 organization in a manner that creates a written or electronic
2356 record of the request and the date of receipt of the request.
2357 3.a. Beginning with new applications for the 2025-2026
2358 school year and thereafter, notify the organization by December
2359 15 that the scholarship is being accepted or declined.
2360 b. Beginning with renewal applications for the 2025-2026
2361 school year and thereafter, notify the organization by May 31
2362 that the scholarship is being renewed or declined.
2363 4. Inform the applicable school district when the parent
2364 withdraws his or her student from a public school to attend an
2365 eligible private school using the standard withdrawal form
2366 developed by the department pursuant to s. 1002.421.
2367 3.5. Require his or her student participating in the
2368 program to remain in attendance at the eligible private school
2369 throughout the school year unless excused by the school for
2370 illness or other good cause.
2371 4.6. Meet with the eligible private school’s principal or
2372 the principal’s designee to review the school’s academic
2373 programs and policies, specialized services, code of student
2374 conduct, and attendance policies before enrollment.
2375 7. Require his or her student participating in the program
2376 to take the norm-referenced assessment offered by the eligible
2377 private school. The parent may also choose to have the student
2378 participate in the statewide assessments pursuant to paragraph
2379 (7)(d). If the parent requests that the student participating in
2380 the program take all statewide assessments required pursuant to
2381 s. 1008.22, the parent is responsible for transporting the
2382 student to the assessment site designated by the school
2383 district.
2384 8. Approve each payment before the scholarship funds may be
2385 deposited by funds transfer pursuant to subparagraph (12)(a)3.
2386 The parent may not designate any entity or individual associated
2387 with the participating private school as the parent’s attorney
2388 in fact to approve a funds transfer. A participant who fails to
2389 comply with this paragraph forfeits the scholarship.
2390 9. Agree to have the organization commit scholarship funds
2391 on behalf of his or her student for tuition and fees for which
2392 the parent is responsible for payment at the eligible private
2393 school before using scholarship account funds for additional
2394 authorized uses under paragraph (4)(a). A parent is responsible
2395 for all eligible expenses in excess of the amount of the
2396 scholarship.
2397 10. Comply with the scholarship application and renewal
2398 processes and requirements established by the organization.
2399 (b) A parent who applies for a scholarship under paragraph
2400 (3)(b) is exercising his or her parental option to determine the
2401 appropriate placement or the services that best meet the needs
2402 of his or her child and must:
2403 1. Apply to an eligible nonprofit scholarship-funding
2404 organization to participate in the program by a date set by the
2405 organization. The request must be communicated directly to the
2406 organization in a manner that creates a written or electronic
2407 record of the request and the date of receipt of the request.
2408 2.a. Beginning with new applications for the 2025-2026
2409 school year and thereafter, notify the organization by December
2410 15 that the scholarship is being accepted or declined.
2411 b. Beginning with renewal applications for the 2025-2026
2412 school year and thereafter, notify the organization by May 31
2413 that the scholarship is being renewed or declined.
2414 3. sign an agreement with the organization and annually
2415 submit a sworn compliance statement to the organization to
2416 satisfy or maintain program eligibility, including eligibility
2417 to receive and spend program payments by:
2418 1.a. Affirming that the student is enrolled in a program
2419 that meets regular school attendance requirements as provided in
2420 s. 1003.01(16)(b), (c), or (d).
2421 2.b. Affirming that the program funds are used only for
2422 authorized purposes serving the student’s educational needs, as
2423 described in paragraph (4)(b); that any prepaid college plan or
2424 college savings plan funds contributed pursuant to subparagraph
2425 (4)(b)7. subparagraph (4)(b)6. will not be transferred to
2426 another beneficiary while the plan contains funds contributed
2427 pursuant to this section; and that they will not receive a
2428 payment, refund, or rebate of any funds provided under this
2429 section.
2430 3.c. Affirming that the parent is responsible for all
2431 eligible expenses in excess of the amount of the scholarship and
2432 for the education of his or her student by, as applicable:
2433 a.(I) Requiring the student to take an assessment in
2434 accordance with s. 1002.421(7) paragraph (9)(c);
2435 b.(II) Providing an annual evaluation in accordance with s.
2436 1002.41(1)(f); or
2437 c.(III) Requiring the child to take any preassessments and
2438 postassessments selected by the provider if the child is 4 years
2439 of age and is enrolled in a program provided by an eligible
2440 Voluntary Prekindergarten Education Program provider. A student
2441 with disabilities for whom the physician or psychologist who
2442 issued the diagnosis or the IEP team determines that a
2443 preassessment and postassessment is not appropriate is exempt
2444 from this requirement. A participating provider shall report a
2445 student’s scores to the parent.
2446 4.d. Affirming that the student remains in good standing
2447 with the provider or school if those options are selected by the
2448 parent.
2449 5.e. Enrolling his or her child in a program from a
2450 Voluntary Prekindergarten Education Program provider authorized
2451 under s. 1002.55, a school readiness provider authorized under
2452 s. 1002.88, a prekindergarten program offered by an eligible
2453 private school, or an eligible private school if selected by the
2454 parent.
2455 6.f. Comply with the scholarship application and renewal
2456 processes and requirements established by the organization. A
2457 student whose participation in the program is not renewed may
2458 continue to spend scholarship funds that are in his or her
2459 account from prior years unless the account must be closed
2460 pursuant to subparagraph (5)(b)3. Notwithstanding any changes to
2461 the student’s IEP, a student who was previously eligible for
2462 participation in the program shall remain eligible to apply for
2463 renewal. However, for a high-risk child to continue to
2464 participate in the program in the school year after he or she
2465 reaches 6 years of age, the child’s application for renewal of
2466 program participation must contain documentation that the child
2467 has a disability defined in paragraph (2)(e) other than high
2468 risk status.
2469 7.g. Procuring the services necessary to educate the
2470 student.
2471 a. If such services include enrollment in an eligible
2472 private school, the parent must meet with the private school’s
2473 principal or the principal’s designee to review the school’s
2474 academic programs and policies, specialized services, code of
2475 student conduct, and attendance policies before his or her
2476 student is enrolled. The parent must also approve each payment
2477 to the eligible private school before the scholarship funds may
2478 be deposited by funds transfer pursuant to subparagraph
2479 (12)(a)3. The parent may not designate any entity or individual
2480 associated with the eligible private school as the parent’s
2481 attorney in fact to approve a funds transfer. When the student
2482 receives a scholarship, the district school board is not
2483 obligated to provide the student with a free appropriate public
2484 education. For purposes of s. 1003.57 and the Individuals with
2485 Disabilities in Education Act, a participating student has only
2486 those rights that apply to all other unilaterally parentally
2487 placed students, except that, when requested by the parent,
2488 school district personnel must develop an IEP or matrix level of
2489 services.
2490 b. If such services include enrollment in Florida Virtual
2491 School as a private paying student, the parent must agree to
2492 have the organization commit scholarship funds on behalf of his
2493 or her student for tuition and fees for which the parent is
2494 responsible for payment to the Florida Virtual School before
2495 using scholarship account funds for additional uses under
2496 paragraph (4)(b).
2497 (c) A parent may not apply for multiple scholarships under
2498 this section and s. 1002.395 for an individual student at the
2499 same time.
2500 (d) A participant who fails to comply with this subsection
2501 forfeits the scholarship.
2502 (10)(11) OBLIGATIONS OF ELIGIBLE SCHOLARSHIP-FUNDING
2503 ORGANIZATIONS.—
2504 (a) An eligible nonprofit scholarship-funding organization
2505 awarding scholarships to eligible students pursuant to this
2506 section paragraph (3)(a) shall:
2507 1. Establish a process for parents who are in compliance
2508 with paragraph (10)(a) to renew their students’ scholarships.
2509 Renewal applications for the 2025-2026 school year and
2510 thereafter must provide for a renewal timeline beginning
2511 February 1 of the prior school year and ending April 30 of the
2512 prior school year. A student’s renewal is contingent upon an
2513 eligible private school providing confirmation of student
2514 admission pursuant to subsection (9). The process must require
2515 that parents confirm that the scholarship is being renewed or
2516 declined by May 31.
2517 2. Establish a process that allows a parent to apply for a
2518 new scholarship. The process may begin no earlier than February
2519 1 of the prior school year and must authorize submission of
2520 applications until November 15. The process must be in a manner
2521 that creates a written or electronic record of the application
2522 request and the date of receipt of the application request.
2523 Applications received after the deadline may be considered for
2524 scholarship award in the subsequent fiscal year. The process
2525 must require that parents confirm that the scholarship is being
2526 accepted or declined by December 15.
2527 (a)3. Verify the household income level of students seeking
2528 priority eligibility and submit the verified list of students to
2529 the department.
2530 4. Award scholarships in priority order pursuant to
2531 paragraph (3)(a).
2532 5. Establish and maintain separate scholarship accounts for
2533 each eligible student. For each account, the organization must
2534 maintain a record of accrued interest that is retained in the
2535 student’s account and available only for authorized program
2536 expenditures.
2537 6. Permit eligible students to use program funds for the
2538 purposes specified in paragraph (4)(a), as authorized in the
2539 organization’s purchasing handbook, by paying for the authorized
2540 use directly, then submitting a reimbursement request to the
2541 eligible nonprofit scholarship-funding organization. However, an
2542 eligible nonprofit scholarship-funding organization may require
2543 the use of an online platform for direct purchases of products
2544 so long as such use does not limit a parent’s choice of
2545 curriculum or academic programs. If a parent purchases a product
2546 identical to one offered by an organization’s online platform
2547 for a lower price, the organization must reimburse the parent
2548 the cost of the product.
2549 7. In a timely manner, submit the verified list of students
2550 and any information requested by the department relating to the
2551 scholarship under this section.
2552 8. Notify the department about any violation of this
2553 section.
2554 9. Document each student’s eligibility for a fiscal year
2555 before granting a scholarship for that fiscal year. A student is
2556 ineligible for a scholarship if the student’s account has been
2557 inactive for 2 consecutive fiscal years.
2558 10. Notify each parent that participation in the
2559 scholarship program does not guarantee enrollment.
2560 11. Commit scholarship funds on behalf of the student for
2561 tuition and fees for which the parent is responsible for payment
2562 at the participating private school before using scholarship
2563 account funds for additional authorized uses under paragraph
2564 (4)(a).
2565 (b) For students An eligible nonprofit scholarship-funding
2566 organization awarding scholarships to eligible students pursuant
2567 to paragraph (3)(b) shall:
2568 1. Establish a process for parents who are in compliance
2569 with paragraph (10)(b) to renew their students’ scholarships.
2570 Renewal applications for the 2025-2026 school year and
2571 thereafter must provide for a renewal timeline beginning
2572 February 1 of the prior school year and ending April 30 of the
2573 prior school year. A student’s renewal is contingent upon an
2574 eligible private school providing confirmation of student
2575 admission pursuant to subsection (9), if applicable. The process
2576 must require that parents confirm that the scholarship is being
2577 renewed or declined by May 31.
2578 2. Establish a process that allows a parent to apply for a
2579 new scholarship. The process may begin no earlier than February
2580 1 of the prior school year and must authorize the submission of
2581 applications until November 15. The process must be in a manner
2582 that creates a written or electronic record of the application
2583 request and the date of receipt of the application request.
2584 Applications received after the deadline may be considered for
2585 scholarship award in the subsequent fiscal year. The process
2586 must require that parents confirm that the scholarship is being
2587 accepted or declined by December 15.
2588 3. Review applications and award scholarships using the
2589 following priorities:
2590 a. Renewing students from the previous school year.
2591 b. An eligible student who meets the criteria for an
2592 initial award pursuant to paragraph (3)(b) on a first-come,
2593 first-served basis.
2594 4. Establish and maintain separate accounts for each
2595 eligible student. For each account, the organization must
2596 maintain a record of accrued interest that is retained in the
2597 student’s account and available only for authorized program
2598 expenditures.
2599 5. Verify qualifying educational expenditures pursuant to
2600 the requirements of paragraph (4)(b).
2601 6. Return any remaining program funds to the department
2602 pursuant to paragraph (6)(b).
2603 7. Notify the parent about the availability of, and the
2604 requirements associated with requesting, an initial IEP or IEP
2605 reevaluation every 3 years for each student participating in the
2606 program.
2607 2.8. Notify the parent of available state and local
2608 services, including, but not limited to, services under chapter
2609 413.
2610 9. In a timely manner, submit to the department the
2611 verified list of eligible scholarship students and any
2612 information requested by the department relating to the
2613 scholarship under this section.
2614 (c)10. Notify the department of any violation of this
2615 section.
2616 11. Document each scholarship student’s eligibility for a
2617 fiscal year before granting a scholarship for that fiscal year
2618 pursuant to paragraph (3)(b). A student is ineligible for a
2619 scholarship if the student’s account has been inactive for 2
2620 consecutive fiscal years.
2621 (d)(c) An eligible nonprofit scholarship-funding
2622 organization may, from eligible contributions received pursuant
2623 to s. 1002.395(6)(l)1., Use an amount, from eligible
2624 contributions received pursuant to s. 1002.395(6)(l)1., not to
2625 exceed 1.5 2.5 percent of the total amount of all verified
2626 eligible scholarships funded under this section for
2627 administrative expenses associated with performing functions
2628 under this section. An organization that, for the prior fiscal
2629 year, has complied with the expenditure requirements of s.
2630 1002.395(6)(i)3. s. 1002.395(6)(l)3. may use an amount not to
2631 exceed 2 3 percent. Such administrative expense amount is
2632 considered within the 2-percent 3-percent limit on the total
2633 amount an organization may use to administer scholarships under
2634 this chapter.
2635 (d) An eligible nonprofit scholarship-funding organization
2636 shall establish a process to collect input and feedback from
2637 parents, private schools, and providers before implementing
2638 substantial modifications or enhancements to the reimbursement
2639 process.
2640 (11)(12) SCHOLARSHIP FUNDING AND PAYMENT.—
2641 (a)1. The calculated scholarship amount for a participating
2642 student determined eligible pursuant to paragraph (3)(a) shall
2643 be based upon the grade level and school district in which the
2644 student was assigned as 100 percent of the funds per unweighted
2645 full-time equivalent in the Florida Education Finance Program
2646 for a student in the basic program established pursuant to s.
2647 1011.62(1)(c)1., plus a per-full-time equivalent share of funds
2648 for the categorical programs established in s. 1011.62(5),
2649 (7)(a), and (16), as funded in the General Appropriations Act.
2650 2.a. For renewing scholarship students, the organization
2651 must verify the student’s continued eligibility to participate
2652 in the scholarship program at least 30 days before each payment.
2653 Upon receiving the verified list of eligible scholarship
2654 students, the department shall release, from state funds only,
2655 the amount calculated pursuant to subparagraph 1. to the
2656 organization for deposit into the student’s account in quarterly
2657 payments no later than August 1, November 1, February 1, and
2658 April 1 of each school year in which the scholarship is in
2659 force.
2660 b. For new scholarship students, the organization must
2661 verify the student’s eligibility to participate in the
2662 scholarship program at least 30 days before each payment. Upon
2663 receiving the verified list of eligible scholarship students,
2664 the department shall release, from state funds only, the amount
2665 calculated pursuant to subparagraph 1. to the organization for
2666 deposit into the student’s account in quarterly payments no
2667 later than September 1, November 1, February 1, and April 1 of
2668 each school year in which the scholarship is in force. For a
2669 student exiting a Department of Juvenile Justice commitment
2670 program who chooses to participate in the scholarship program,
2671 the amount calculated pursuant to subparagraph 1. must be
2672 transferred from the school district in which the student last
2673 attended a public school before commitment to the Department of
2674 Juvenile Justice.
2675 c. The department is authorized to release the state funds
2676 contingent upon verification that the organization will comply
2677 with s. 1002.395(6)(l) based upon the organization’s submitted
2678 verified list of eligible scholarship students pursuant to s.
2679 1002.395.
2680 3. The initial payment shall be made after the
2681 organization’s verification of admission acceptance, and
2682 subsequent payments shall be made upon verification of continued
2683 enrollment and attendance at the participating private school.
2684 Payments for tuition and fees for full-time enrollment shall be
2685 made within 7 business days after approval by the parent
2686 pursuant to paragraph (10)(a) and the private school pursuant to
2687 paragraph (9)(b). Payment must be by funds transfer or any other
2688 means of payment that the department deems to be commercially
2689 viable or cost-effective. An organization shall ensure that the
2690 parent has approved a funds transfer before any scholarship
2691 funds are deposited.
2692 4. An organization may not transfer any funds to an account
2693 of a student determined eligible pursuant to paragraph (3)(a)
2694 which has a balance in excess of $24,000.
2695 (b)1. For the 2024-2025 school year, the maximum number of
2696 scholarships funded under paragraph (3)(b) shall be 72,615.
2697 Beginning in the 2025-2026 school year, the maximum number of
2698 scholarships funded under paragraph (3)(b) shall annually
2699 increase by 5 percent of the state’s total exceptional student
2700 education full-time equivalent student membership, not including
2701 gifted students. The maximum number of scholarships funded shall
2702 increase by 1 percent of the state’s total exceptional student
2703 education full-time equivalent student membership, not including
2704 gifted students, in the school year following any school year in
2705 which the number of scholarships funded exceeds 95 percent of
2706 the number of available scholarships for that school year. An
2707 eligible student who meets any of the following requirements
2708 shall be excluded from the maximum number of students if the
2709 student:
2710 (a)a. Received specialized instructional services under the
2711 Voluntary Prekindergarten Education Program pursuant to s.
2712 1002.66 during the previous school year and the student has a
2713 current IEP developed by the district school board in accordance
2714 with rules of the State Board of Education;
2715 (b)b. Is a dependent child of a law enforcement officer or
2716 a member of the United States Armed Forces, a foster child, or
2717 an adopted child; or
2718 (c)c. Spent the prior school year in attendance at a
2719 Florida public school or the Florida School for the Deaf and the
2720 Blind. For purposes of this paragraph subparagraph, the term
2721 “prior school year in attendance” means that the student was
2722 enrolled and reported by:
2723 1.(I) A school district for funding during either the
2724 preceding October or February full-time equivalent student
2725 membership surveys in kindergarten through grade 12, which
2726 includes time spent in a Department of Juvenile Justice
2727 commitment program if funded under the Florida Education Finance
2728 Program;
2729 2.(II) The Florida School for the Deaf and the Blind during
2730 the preceding October or February full-time equivalent student
2731 membership surveys in kindergarten through grade 12;
2732 3.(III) A school district for funding during the preceding
2733 October or February full-time equivalent student membership
2734 surveys, was at least 4 years of age when enrolled and reported,
2735 and was eligible for services under s. 1003.21(1)(e); or
2736 4.(IV) Received a John M. McKay Scholarship for Students
2737 with Disabilities in the 2021-2022 school year.
2738 2. For a student who has a Level I to Level III matrix of
2739 services or a diagnosis by a physician or psychologist, the
2740 calculated scholarship amount for a student participating in the
2741 program must be based upon the grade level and school district
2742 in which the student would have been enrolled as the total funds
2743 per unweighted full-time equivalent in the Florida Education
2744 Finance Program for a student in the basic exceptional student
2745 education program pursuant to s. 1011.62(1)(c) and (d), plus a
2746 per full-time equivalent share of funds for the categorical
2747 programs established in s. 1011.62(5), (7)(a), (8), and (16), as
2748 funded in the General Appropriations Act. For the categorical
2749 program established in s. 1011.62(8), the funds must be
2750 allocated based on the school district’s average exceptional
2751 student education guaranteed allocation funds per exceptional
2752 student education full-time equivalent student.
2753 3. For a student with a Level IV or Level V matrix of
2754 services, the calculated scholarship amount must be based upon
2755 the school district to which the student would have been
2756 assigned as the total funds per full-time equivalent for the
2757 Level IV or Level V exceptional student education program
2758 pursuant to s. 1011.62(1)(c)2.a. or b., plus a per-full time
2759 equivalent share of funds for the categorical programs
2760 established in s. 1011.62(5), (7)(a), and (16), as funded in the
2761 General Appropriations Act.
2762 4. For a student who received a Gardiner Scholarship
2763 pursuant to former s. 1002.385 in the 2020-2021 school year, the
2764 amount shall be the greater of the amount calculated pursuant to
2765 subparagraph 2. or the amount the student received for the 2020
2766 2021 school year.
2767 5. For a student who received a John M. McKay Scholarship
2768 pursuant to former s. 1002.39 in the 2020-2021 school year, the
2769 amount shall be the greater of the amount calculated pursuant to
2770 subparagraph 2. or the amount the student received for the 2020
2771 2021 school year.
2772 6. The organization must verify the student’s eligibility
2773 to participate in the scholarship program at least 30 days
2774 before each payment.
2775 7.a. For renewing scholarship students, upon receiving the
2776 verified list of eligible scholarship students, the department
2777 shall release, from state funds only, the amount calculated
2778 pursuant to subparagraph 1. to the organization for deposit into
2779 the student’s account in quarterly payments no later than August
2780 1, November 1, February 1, and April 1 of each school year in
2781 which the scholarship is in force.
2782 b. For new scholarship students, upon receiving the
2783 verified list of eligible scholarship students, the department
2784 shall release, from state funds only, the amount calculated
2785 pursuant to subparagraph 1. to the organization for deposit into
2786 the student’s account in quarterly payments no later than
2787 September 1, November 1, February 1, and April 1 of each school
2788 year in which the scholarship is in force.
2789 8. If a scholarship student is attending an eligible
2790 private school full time, the initial payment shall be made
2791 after the organization’s verification of admission acceptance,
2792 and subsequent payments shall be made upon verification of
2793 continued enrollment and attendance at the eligible private
2794 school. Payments for tuition and fees for full-time enrollment
2795 shall be made within 7 business days after approval by the
2796 parent pursuant to paragraph (10)(b) and the private school
2797 pursuant to paragraph (9)(b).
2798 9. Accrued interest in the student’s account is in addition
2799 to, and not part of, the awarded funds. Program funds include
2800 both the awarded funds and accrued interest.
2801 10. The organization may develop a system for payment of
2802 benefits by funds transfer, including, but not limited to, debit
2803 cards, electronic payment cards, or any other means of payment
2804 which the department deems to be commercially viable or cost
2805 effective. A student’s scholarship award may not be reduced for
2806 debit card or electronic payment fees. Commodities or services
2807 related to the development of such a system must be procured by
2808 competitive solicitation unless they are purchased from a state
2809 term contract pursuant to s. 287.056.
2810 11. An organization may not transfer any funds to an
2811 account of a student determined to be eligible pursuant to
2812 paragraph (3)(b) which has a balance in excess of $50,000.
2813 12. Moneys received pursuant to this section do not
2814 constitute taxable income to the qualified student or the parent
2815 of the qualified student.
2816 (c) An organization may not submit a new scholarship
2817 student for funding after February 1.
2818 (d) Within 30 days after the release of state funds
2819 pursuant to paragraphs (a) and (b), the eligible scholarship
2820 funding organization shall certify to the department the amount
2821 of funds distributed for student scholarships. If the amount of
2822 funds released by the department is more than the amount
2823 distributed by the organization, the department is authorized to
2824 adjust the amount of the overpayment in the subsequent quarterly
2825 payment release.
2826 Section 6. Subsections (2), (3), (4), and (6) through (11)
2827 and paragraph (e) of subsection (15) of section 1002.395,
2828 Florida Statutes, are amended to read:
2829 1002.395 Florida Tax Credit Scholarship Program.—
2830 (2) DEFINITIONS.—As used in this section, the term:
2831 (a) “Annual tax credit amount” means, for any state fiscal
2832 year, the sum of the amount of tax credits approved under
2833 paragraph (5)(b), including tax credits to be taken under s.
2834 220.1875 or s. 624.51055, which are approved for a taxpayer
2835 whose taxable year begins on or after January 1 of the calendar
2836 year preceding the start of the applicable state fiscal year.
2837 (b) “Choice navigator” means an individual who meets the
2838 requirements of sub-subparagraph (6)(d)4.g. and who provides
2839 consultations, at a mutually agreed upon location, on the
2840 selection of, application for, and enrollment in educational
2841 options addressing the academic needs of a student; curriculum
2842 selection; and advice on career and postsecondary education
2843 opportunities. However, nothing in this section authorizes a
2844 choice navigator to oversee or exercise control over the
2845 curricula or academic programs of a personalized education
2846 program.
2847 (c) “Department” means the Department of Revenue.
2848 (c)(d) “Direct certification list” means the certified list
2849 of children who qualify for the food assistance program, the
2850 Temporary Assistance to Needy Families Program, or the Food
2851 Distribution Program on Indian Reservations provided to the
2852 Department of Education by the Department of Children and
2853 Families.
2854 (d)(e) “Division” means the Division of Alcoholic Beverages
2855 and Tobacco of the Department of Business and Professional
2856 Regulation.
2857 (e)(f) “Eligible contribution” means a monetary
2858 contribution from a taxpayer, subject to the restrictions
2859 provided in this section, to an eligible nonprofit scholarship
2860 funding organization pursuant to this section and ss. 212.099,
2861 212.1831, and 212.1832. The taxpayer making the contribution may
2862 not designate a specific child as the beneficiary of the
2863 contribution.
2864 (f)(g) “Eligible nonprofit scholarship-funding
2865 organization” means a state university; or an independent
2866 college or university that is eligible to participate in the
2867 William L. Boyd, IV, Effective Access to Student Education Grant
2868 Program, located and chartered in this state, is not for profit,
2869 and is accredited by the Commission on Colleges of the Southern
2870 Association of Colleges and Schools; or is a charitable
2871 organization that:
2872 1. Is exempt from federal income tax pursuant to s.
2873 501(c)(3) of the Internal Revenue Code;
2874 2. Is a Florida entity formed under chapter 605, chapter
2875 607, or chapter 617 and whose principal office is located in the
2876 state; and
2877 3. Complies with subsections (6) and (13) (15).
2878 (h) “Eligible postsecondary educational institution” means
2879 a Florida College System institution; a state university; a
2880 school district technical center; a school district adult
2881 general education center; an independent college or university
2882 eligible to participate in the William L. Boyd, IV, Effective
2883 Access to Student Education Grant Program under s. 1009.89; or
2884 an accredited independent postsecondary educational institution,
2885 as defined in s. 1005.02, which is licensed to operate in this
2886 state under part III of chapter 1005 or is approved to
2887 participate in a reciprocity agreement as defined in s.
2888 1000.35(2).
2889 (i) “Eligible private school” means a private school, as
2890 defined in s. 1002.01, located in Florida which offers an
2891 education to students in any grades K-12 and that meets the
2892 requirements in subsection (8).
2893 (j) “Household income” has the same meaning as the term
2894 “income” as defined in the Income Eligibility Guidelines for
2895 free and reduced price meals under the National School Lunch
2896 Program in 7 C.F.R. part 210 as published in the Federal
2897 Register by the United States Department of Agriculture.
2898 (k) “Owner or operator” includes:
2899 1. An owner, president, officer, or director of an eligible
2900 nonprofit scholarship-funding organization or a person with
2901 equivalent decisionmaking authority over an eligible nonprofit
2902 scholarship-funding organization.
2903 2. An owner, operator, superintendent, or principal of an
2904 eligible private school or a person with equivalent
2905 decisionmaking authority over an eligible private school.
2906 (l) “Personalized education program” has the same meaning
2907 as in s. 1002.01.
2908 (m) “Personalized education student” means a student whose
2909 parent applies to an eligible nonprofit scholarship-funding
2910 organization for participation in a personalized education
2911 program.
2912 (n) “Student learning plan” means a customized learning
2913 plan developed by a parent, at least annually, to guide
2914 instruction for his or her student and to identify the goods and
2915 services needed to address the academic needs of his or her
2916 student.
2917 (g)(o) “Tax credit cap amount” means the maximum annual tax
2918 credit amount that the department may approve for a state fiscal
2919 year.
2920 (h)(p) “Unweighted FTE funding amount” means the statewide
2921 average total funds per unweighted full-time equivalent funding
2922 amount that is incorporated by reference in the General
2923 Appropriations Act, or any subsequent special appropriations
2924 act, for the applicable state fiscal year.
2925 (3) PROGRAM; INITIAL SCHOLARSHIP ELIGIBILITY.—
2926 (a) The Florida Tax Credit Scholarship Program is
2927 established.
2928 (b)1. A student is eligible for a Florida tax credit
2929 scholarship under this section if the student:
2930 (a)a. Is a resident of this state or the dependent child of
2931 an active duty member of the United States Armed Forces who has
2932 received permanent change of station orders to this state or, at
2933 the time of renewal, whose home of record or state of legal
2934 residence is Florida; and
2935 (b)b. Is eligible to enroll in kindergarten through grade
2936 12 in a public school in this state or received a scholarship
2937 under the former Hope Scholarship Program in the 2023-2024
2938 school year.
2939 2. Priority must be given in the following order:
2940 a. A student whose household income level does not exceed
2941 185 percent of the federal poverty level or who is in foster
2942 care or out-of-home care.
2943 b. A student whose household income level exceeds 185
2944 percent of the federal poverty level, but does not exceed 400
2945 percent of the federal poverty level.
2946 (4) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
2947 a scholarship while he or she is:
2948 (a) Enrolled full time in a public school, including, but
2949 not limited to, the Florida School for the Deaf and the Blind,
2950 the College-Preparatory Boarding Academy, the Florida Virtual
2951 School, the Florida Scholars Academy, a developmental research
2952 school authorized under s. 1002.32, or a charter school
2953 authorized under this chapter. For purposes of this paragraph, a
2954 3- or 4-year-old child who receives services funded through the
2955 Florida Education Finance Program is considered a student
2956 enrolled full time in a public school;
2957 (b) Enrolled in a school operating for the purpose of
2958 providing educational services to youth in a Department of
2959 Juvenile Justice commitment program;
2960 (c) Receiving any other educational scholarship pursuant to
2961 this chapter. However, an eligible public school student
2962 receiving a scholarship under s. 1002.411 may receive a stipend
2963 for transportation pursuant to s. 1002.31(7);
2964 (d) Not having regular and direct contact with his or her
2965 private school teachers pursuant to s. 1002.421(9)(i) s.
2966 1002.421(1)(i) unless he or she is enrolled in a personalized
2967 education program;
2968 (e) Participating in a home education program as defined in
2969 s. 1002.01(1);
2970 (f) Participating in a private tutoring program pursuant to
2971 s. 1002.43 unless he or she is enrolled in a personalized
2972 education program; or
2973 (g) Participating in virtual instruction pursuant to s.
2974 1002.455 that receives state funding pursuant to the student’s
2975 participation.
2976 (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
2977 ORGANIZATIONS.—An eligible nonprofit scholarship-funding
2978 organization:
2979 (a) Must comply with the antidiscrimination provisions of
2980 42 U.S.C. s. 2000d.
2981 (b) Must comply with the following background check
2982 requirements:
2983 1. All owners and operators as defined in subparagraph
2984 (2)(k)1. are, before employment or engagement to provide
2985 services, subject to level 2 background screening as provided
2986 under chapter 435. The fingerprints for the background screening
2987 must be electronically submitted to the Department of Law
2988 Enforcement and can be taken by an authorized law enforcement
2989 agency or by an employee of the eligible nonprofit scholarship
2990 funding organization or a private company who is trained to take
2991 fingerprints. However, the complete set of fingerprints of an
2992 owner or operator may not be taken by the owner or operator. The
2993 results of the state and national criminal history check shall
2994 be provided to the Department of Education for screening under
2995 chapter 435. The cost of the background screening may be borne
2996 by the eligible nonprofit scholarship-funding organization or
2997 the owner or operator.
2998 2. Every 5 years following employment or engagement to
2999 provide services or association with an eligible nonprofit
3000 scholarship-funding organization, each owner or operator must
3001 meet level 2 screening standards as described in s. 435.04, at
3002 which time the nonprofit scholarship-funding organization shall
3003 request the Department of Law Enforcement to forward the
3004 fingerprints to the Federal Bureau of Investigation for level 2
3005 screening. If the fingerprints of an owner or operator are not
3006 retained by the Department of Law Enforcement under subparagraph
3007 3., the owner or operator must electronically file a complete
3008 set of fingerprints with the Department of Law Enforcement. Upon
3009 submission of fingerprints for this purpose, the eligible
3010 nonprofit scholarship-funding organization shall request that
3011 the Department of Law Enforcement forward the fingerprints to
3012 the Federal Bureau of Investigation for level 2 screening, and
3013 the fingerprints shall be retained by the Department of Law
3014 Enforcement under subparagraph 3.
3015 3. Fingerprints submitted to the Department of Law
3016 Enforcement as required by this paragraph must be retained by
3017 the Department of Law Enforcement in a manner approved by rule
3018 and entered in the statewide automated biometric identification
3019 system authorized by s. 943.05(2)(b). The fingerprints must
3020 thereafter be available for all purposes and uses authorized for
3021 arrest fingerprints entered in the statewide automated biometric
3022 identification system pursuant to s. 943.051.
3023 4. The Department of Law Enforcement shall search all
3024 arrest fingerprints received under s. 943.051 against the
3025 fingerprints retained in the statewide automated biometric
3026 identification system under subparagraph 3. Any arrest record
3027 that is identified with an owner’s or operator’s fingerprints
3028 must be reported to the Department of Education. The Department
3029 of Education shall participate in this search process by paying
3030 an annual fee to the Department of Law Enforcement and by
3031 informing the Department of Law Enforcement of any change in the
3032 employment, engagement, or association status of the owners or
3033 operators whose fingerprints are retained under subparagraph 3.
3034 The Department of Law Enforcement shall adopt a rule setting the
3035 amount of the annual fee to be imposed upon the Department of
3036 Education for performing these services and establishing the
3037 procedures for the retention of owner and operator fingerprints
3038 and the dissemination of search results. The fee may be borne by
3039 the owner or operator of the nonprofit scholarship-funding
3040 organization.
3041 5. A nonprofit scholarship-funding organization whose owner
3042 or operator fails the level 2 background screening is not
3043 eligible to provide scholarships under this section.
3044 6. A nonprofit scholarship-funding organization whose owner
3045 or operator in the last 7 years has filed for personal
3046 bankruptcy or corporate bankruptcy in a corporation of which he
3047 or she owned more than 20 percent shall not be eligible to
3048 provide scholarships under this section.
3049 7. In addition to the offenses listed in s. 435.04, a
3050 person required to undergo background screening pursuant to this
3051 part or authorizing statutes must not have an arrest awaiting
3052 final disposition for, must not have been found guilty of, or
3053 entered a plea of nolo contendere to, regardless of
3054 adjudication, and must not have been adjudicated delinquent, and
3055 the record must not have been sealed or expunged for, any of the
3056 following offenses or any similar offense of another
3057 jurisdiction:
3058 a. Any authorizing statutes, if the offense was a felony.
3059 b. This chapter, if the offense was a felony.
3060 c. Section 409.920, relating to Medicaid provider fraud.
3061 d. Section 409.9201, relating to Medicaid fraud.
3062 e. Section 741.28, relating to domestic violence.
3063 f. Section 817.034, relating to fraudulent acts through
3064 mail, wire, radio, electromagnetic, photoelectronic, or
3065 photooptical systems.
3066 g. Section 817.234, relating to false and fraudulent
3067 insurance claims.
3068 h. Section 817.505, relating to patient brokering.
3069 i. Section 817.568, relating to criminal use of personal
3070 identification information.
3071 j. Section 817.60, relating to obtaining a credit card
3072 through fraudulent means.
3073 k. Section 817.61, relating to fraudulent use of credit
3074 cards, if the offense was a felony.
3075 l. Section 831.01, relating to forgery.
3076 m. Section 831.02, relating to uttering forged instruments.
3077 n. Section 831.07, relating to forging bank bills, checks,
3078 drafts, or promissory notes.
3079 o. Section 831.09, relating to uttering forged bank bills,
3080 checks, drafts, or promissory notes.
3081 p. Section 831.30, relating to fraud in obtaining medicinal
3082 drugs.
3083 q. Section 831.31, relating to the sale, manufacture,
3084 delivery, or possession with the intent to sell, manufacture, or
3085 deliver any counterfeit controlled substance, if the offense was
3086 a felony.
3087 (b)(c) Must not have an owner or operator, as defined in
3088 subparagraph (2)(k)1., who owns or operates an eligible private
3089 school that is participating in the scholarship program.
3090 (c)(d)1. For the 2023-2024 school year, may fund no more
3091 than 20,000 scholarships for students who are enrolled pursuant
3092 to subsection (7) paragraph (7)(b). The number of scholarships
3093 funded for such students may increase by 40,000 in each
3094 subsequent school year. This paragraph subparagraph is repealed
3095 July 1, 2027.
3096 2. Shall establish a process for parents who are in
3097 compliance with paragraph (7)(a) to renew their students’
3098 scholarships. Renewal applications for the 2025-2026 school year
3099 and thereafter must provide for a renewal timeline beginning
3100 February 1 of the prior school year and ending April 30 of the
3101 prior school year. A student’s renewal is contingent upon an
3102 eligible private school providing confirmation of admission
3103 pursuant to subsection (8). The process must require that
3104 parents confirm that the scholarship is being renewed or
3105 declined by May 31.
3106 3. Shall establish a process that allows a parent to apply
3107 for a new scholarship. The process must be in a manner that
3108 creates a written or electronic record of the application
3109 request and the date of receipt of the application request. The
3110 process must require that parents confirm that the scholarship
3111 is being accepted or declined by a date set by the organization.
3112 4. Must establish and maintain separate scholarship
3113 accounts from eligible contributions for each eligible student.
3114 For each account, the organization must maintain a record of
3115 accrued interest retained in the student’s account. The
3116 organization
3117 (d) Must verify that scholarship funds are used for:
3118 1.a. Tuition and fees for full-time or part-time enrollment
3119 in an eligible private school.
3120 2.b. Instructional materials, including digital materials,
3121 digital devices, and Internet resources.
3122 3.c. Curriculum as defined in s. 1002.394(2).
3123 4.d. Tuition and fees associated with full-time or part
3124 time enrollment in a home education instructional program that
3125 meets all of the following requirements:
3126 a. Provides educational courses or activities.
3127 b. Has a publicly available description of courses and
3128 activities.
3129 c. Has a tuition and fee schedule.
3130 d. Makes the tuition and fees payable to a registered
3131 business entity.
3132 5. Tuition and fees associated with full-time or part-time
3133 enrollment in; an eligible postsecondary educational institution
3134 or a program offered by the postsecondary educational
3135 institution, unless the program is subject to s. 1009.25 or
3136 reimbursed pursuant to s. 1009.30; an approved preapprenticeship
3137 program as defined in s. 446.021(5) which is not subject to s.
3138 1009.25 and complies with all applicable requirements of the
3139 Department of Education pursuant to chapter 1005; a private
3140 tutoring program authorized under s. 1002.43; a virtual program
3141 offered by a department-approved private online provider that
3142 meets the provider qualifications specified in s. 1002.45(2)(a);
3143 the Florida Virtual School as a private paying student; or an
3144 approved online course offered pursuant to s. 1003.499 or s.
3145 1004.0961.
3146 6.e. Fees for nationally standardized, norm-referenced
3147 achievement tests, Advanced Placement Examinations, industry
3148 certification examinations, assessments related to postsecondary
3149 education, or other assessments.
3150 7.f. Contracted services provided by a public school or
3151 school district, including classes. A student who receives
3152 contracted services under this subparagraph sub-subparagraph is
3153 not considered enrolled in a public school for eligibility
3154 purposes as specified in subsection (9) (11) but rather
3155 attending a public school on a part-time basis as authorized
3156 under s. 1002.44.
3157 8.g. Tuition and fees for part-time tutoring services or
3158 fees for services provided by a choice navigator. Such services
3159 must be provided by a person who holds a valid Florida
3160 educator’s certificate pursuant to s. 1012.56, a person who
3161 holds an adjunct teaching certificate pursuant to s. 1012.57, a
3162 person who has a bachelor’s degree or a graduate degree in the
3163 subject area or related subject area in which instruction is
3164 given, a person who has demonstrated a mastery of subject area
3165 knowledge pursuant to s. 1012.56(5), or a person certified by a
3166 nationally or internationally recognized research-based training
3167 program as approved by the Department of Education. As used in
3168 this paragraph, the term “part-time tutoring services” does not
3169 qualify as regular school attendance as defined in s.
3170 1003.01(16)(e).
3171 9. Membership dues and related activity fees for
3172 participation in Career and Technical Student Organizations.
3173 (e) For students determined eligible pursuant to subsection
3174 (7) paragraph (7)(b), must:
3175 1. Establish a process for parents who are in compliance
3176 with subparagraph (7)(b)1. to apply for a new scholarship. New
3177 scholarship applications for the 2025-2026 school year and
3178 thereafter must provide for an application timeline beginning
3179 February 1 of the prior school year and ending April 30 of the
3180 prior school year. The process must require that parents confirm
3181 that the scholarship is being accepted or declined by May 31.
3182 2. Establish a process for parents who are in compliance
3183 with paragraph (7)(b) to renew their students’ scholarships.
3184 Renewal scholarship applications for the 2025-2026 school year
3185 and thereafter must provide for a renewal timeline beginning
3186 February 1 of the prior school year and ending April 30 of the
3187 prior school year. The process must require that parents confirm
3188 that the scholarship is being renewed or declined by May 31.
3189 1.3. Maintain a signed agreement from the parent which
3190 constitutes compliance with the attendance requirements under
3191 ss. 1003.01(16) and 1003.21(1).
3192 2.4. Receive eligible student test scores and, beginning
3193 with the 2027-2028 school year, by August 15, annually report
3194 test scores for students pursuant to subsection (7) paragraph
3195 (7)(b) to a state university pursuant to paragraph (8)(d)
3196 (9)(f).
3197 3.5. Provide parents with information, guidance, and
3198 support to create and annually update a student learning plan
3199 for their student. The organization must maintain the plan and
3200 allow parents to electronically submit, access, and revise the
3201 plan continuously.
3202 4.6. Upon submission by the parent of an annual student
3203 learning plan, fund a scholarship for a student determined
3204 eligible.
3205 (f) Must give first priority to eligible renewal students
3206 who received a scholarship from an eligible nonprofit
3207 scholarship-funding organization during the previous school
3208 year. The eligible nonprofit scholarship-funding organization
3209 must fully apply and exhaust all funds available under this
3210 section for renewal scholarship awards before awarding any
3211 initial scholarships.
3212 (g) Must provide a new scholarship to an eligible student
3213 on a first-come, first-served basis unless the student is
3214 seeking priority eligibility pursuant to subsection (3).
3215 (g)(h) Must refer any student eligible for a scholarship
3216 pursuant to this section who did not receive a renewal or
3217 initial scholarship based solely on the lack of available funds
3218 under this section to another eligible nonprofit scholarship
3219 funding organization that may have funds available.
3220 (i) May not restrict or reserve scholarships for use at a
3221 particular eligible private school or provide scholarships to a
3222 child of an owner or operator as defined in subparagraph
3223 (2)(k)1.
3224 (j) Must allow a student in foster care or out-of-home care
3225 or a dependent child of a parent who is a member of the United
3226 States Armed Forces to apply for a scholarship at any time.
3227 (h)(k) Must allow an eligible student to attend any
3228 eligible private school and must allow a parent to transfer a
3229 scholarship during a school year to any other eligible private
3230 school of the parent’s choice.
3231 (i)1.(l)1. May use eligible contributions received pursuant
3232 to this section and ss. 212.099, 212.1831, and 212.1832 during
3233 the state fiscal year in which such contributions are collected
3234 for administrative expenses if the organization has operated as
3235 an eligible nonprofit scholarship-funding organization for at
3236 least the preceding 3 fiscal years and did not have any findings
3237 of material weakness or material noncompliance in its most
3238 recent audit under paragraph (k) (o) or is in good standing in
3239 each state in which it administers a scholarship program and the
3240 audited financial statements for the preceding 3 fiscal years
3241 are free of material misstatements and going concern issues.
3242 Administrative expenses from eligible contributions may not
3243 exceed 2 3 percent of the total amount of all scholarships and
3244 stipends funded by an eligible scholarship-funding organization
3245 under this chapter. Such administrative expenses must be
3246 reasonable and necessary for the organization’s management and
3247 distribution of scholarships funded under this chapter.
3248 Administrative expenses may include developing or contracting
3249 with rideshare programs or facilitating carpool strategies for
3250 recipients of a transportation stipend under s. 1002.31(7). No
3251 funds authorized under this subparagraph shall be used for
3252 lobbying or political activity or expenses related to lobbying
3253 or political activity. Up to one-third of the funds authorized
3254 for administrative expenses under this subparagraph may be used
3255 for expenses related to the recruitment of contributions from
3256 taxpayers. An eligible nonprofit scholarship-funding
3257 organization may not charge an application fee.
3258 2. Must expend for annual or partial-year scholarships 100
3259 percent of any eligible contributions from the prior fiscal
3260 year.
3261 3. Must expend for annual or partial-year scholarships an
3262 amount equal to or greater than 75 percent of all net eligible
3263 contributions, as defined in subsection (2), remaining after
3264 administrative expenses during the state fiscal year in which
3265 such eligible contributions are collected. No more than 25
3266 percent of such net eligible contributions may be carried
3267 forward to the following state fiscal year. All amounts carried
3268 forward, for audit purposes, must be specifically identified for
3269 particular students, by student name and the name of the school
3270 to which the student is admitted, subject to the requirements of
3271 ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, and the
3272 applicable rules and regulations issued pursuant thereto. Any
3273 amounts carried forward shall be expended for annual or partial
3274 year scholarships in the following state fiscal year. Eligible
3275 contributions remaining on June 30 of each year that are in
3276 excess of the 25 percent that may be carried forward shall be
3277 used to provide scholarships to eligible students or transferred
3278 to other eligible nonprofit scholarship-funding organizations to
3279 provide scholarships for eligible students. All transferred
3280 funds must be deposited by each eligible nonprofit scholarship
3281 funding organization receiving such funds into its scholarship
3282 account. All transferred amounts received by any eligible
3283 nonprofit scholarship-funding organization must be separately
3284 disclosed in the annual financial audit required under paragraph
3285 (k) (o).
3286 4. Must, before granting a scholarship for an academic
3287 year, document each scholarship student’s eligibility for that
3288 academic year. A scholarship-funding organization may not grant
3289 multiyear scholarships in one approval process.
3290 (m) Must maintain separate accounts for scholarship funds
3291 and operating funds.
3292 (j)(n) With the prior approval of the Department of
3293 Education, may transfer funds to another eligible nonprofit
3294 scholarship-funding organization if additional funds are
3295 required to meet scholarship demand at the receiving nonprofit
3296 scholarship-funding organization. A transfer is limited to the
3297 greater of $500,000 or 20 percent of the total contributions
3298 received by the nonprofit scholarship-funding organization
3299 making the transfer. All transferred funds must be deposited by
3300 the receiving nonprofit scholarship-funding organization into
3301 its scholarship accounts. All transferred amounts received by
3302 any nonprofit scholarship-funding organization must be
3303 separately disclosed in the annual financial and compliance
3304 audit required in this section.
3305 (k)(o) Must provide to the Auditor General and the
3306 Department of Education access to its accounts and records and a
3307 report on the results of an annual financial audit of its
3308 accounts and records conducted by an independent certified
3309 public accountant in accordance with auditing standards
3310 generally accepted in the United States, government auditing
3311 standards, and rules promulgated by the Auditor General. The
3312 audit report must include a report on financial statements
3313 presented in accordance with generally accepted accounting
3314 principles. Audit reports must be provided to the Auditor
3315 General and the Department of Education within 180 days after
3316 completion of the eligible nonprofit scholarship-funding
3317 organization’s fiscal year. The Auditor General shall review all
3318 audit reports submitted pursuant to this paragraph. The Auditor
3319 General shall request any significant items that were omitted in
3320 violation of a rule adopted by the Auditor General. The items
3321 must be provided within 45 days after the date of the request.
3322 If the scholarship-funding organization does not comply with the
3323 Auditor General’s request, the Auditor General shall notify the
3324 Legislative Auditing Committee.
3325 (p) Must prepare and submit quarterly reports to the
3326 Department of Education pursuant to paragraph (9)(i). In
3327 addition, an eligible nonprofit scholarship-funding organization
3328 must submit in a timely manner the verified list of eligible
3329 scholarship students and any information requested by the
3330 Department of Education relating to the scholarship program.
3331 (l)1.a.(q)1.a. Must participate in the joint development of
3332 agreed-upon procedures during the 2009-2010 state fiscal year.
3333 The agreed-upon procedures must uniformly apply to all private
3334 schools and must determine, at a minimum, whether the private
3335 school has been verified as eligible by the Department of
3336 Education under s. 1002.421; has an adequate accounting system,
3337 system of financial controls, and process for deposit and
3338 classification of scholarship funds; and has properly expended
3339 scholarship funds for education-related expenses. During the
3340 development of the procedures, the participating scholarship
3341 funding organizations shall specify guidelines governing the
3342 materiality of exceptions that may be found during the
3343 accountant’s performance of the procedures. The procedures and
3344 guidelines shall be provided to private schools and the
3345 Commissioner of Education by March 15, 2011.
3346 b. Must participate in a joint review of the agreed-upon
3347 procedures and guidelines developed under sub-subparagraph a.,
3348 by February of each biennium, if the scholarship-funding
3349 organization provided more than $250,000 in scholarship funds
3350 under this chapter during the state fiscal year preceding the
3351 biennial review. If the procedures and guidelines are revised,
3352 the revisions must be provided to private schools and the
3353 Commissioner of Education by March 15 of the year in which the
3354 revisions were completed. The revised agreed-upon procedures and
3355 guidelines shall take effect the subsequent school year.
3356 c. Must monitor the compliance of a participating private
3357 school with s. 1002.421(9)(p) s. 1002.421(1)(q) if the
3358 scholarship-funding organization provided the majority of the
3359 scholarship funding to the school. For each participating
3360 private school subject to s. 1002.421(9)(p) s. 1002.421(1)(q),
3361 the appropriate scholarship-funding organization shall annually
3362 notify the Commissioner of Education by October 30 of:
3363 (I) A private school’s failure to submit a report required
3364 under s. 1002.421(9)(p) s. 1002.421(1)(q); or
3365 (II) Any material exceptions set forth in the report
3366 required under s. 1002.421(9)(p) s. 1002.421(1)(q).
3367 2. Must seek input from the accrediting associations that
3368 are members of the Florida Association of Academic Nonpublic
3369 Schools and the Department of Education when jointly developing
3370 the agreed-upon procedures and guidelines under sub-subparagraph
3371 1.a. and conducting a review of those procedures and guidelines
3372 under sub-subparagraph 1.b.
3373 (m)(r) Must maintain the surety bond or letter of credit
3374 required by subsection (13) (15). The amount of the surety bond
3375 or letter of credit may be adjusted quarterly to equal the
3376 actual amount of undisbursed funds based upon submission by the
3377 organization of a statement from a certified public accountant
3378 verifying the amount of undisbursed funds. The requirements of
3379 this paragraph are waived if the cost of acquiring a surety bond
3380 or letter of credit exceeds the average 10-year cost of
3381 acquiring a surety bond or letter of credit by 200 percent. The
3382 requirements of this paragraph are waived for a state
3383 university; or an independent college or university which is
3384 eligible to participate in the William L. Boyd, IV, Effective
3385 Access to Student Education Grant Program, located and chartered
3386 in this state, is not for profit, and is accredited by the
3387 Commission on Colleges of the Southern Association of Colleges
3388 and Schools.
3389 (n)(s) Must provide to the Auditor General any information
3390 or documentation requested in connection with an operational
3391 audit of a scholarship-funding organization conducted pursuant
3392 to s. 11.45.
3393 (o)1.(t)1. Must develop a purchasing handbook that includes
3394 policies for authorized uses of scholarship funds under
3395 paragraph (d) and s. 1002.394(4)(a). The handbook must include,
3396 at a minimum, a routinely updated list of prohibited items and
3397 services, and items or services that require preauthorization or
3398 additional documentation. Annually, by August 1, 2024, and by
3399 each July 1 thereafter, the purchasing handbook must be provided
3400 to the Commissioner of Education and published on the eligible
3401 nonprofit scholarship-funding organization’s website. Any
3402 revisions must be provided to the commissioner and published on
3403 the organization’s website within 30 days after such revisions.
3404 2. The organization shall assist the Florida Center for
3405 Students with Unique Abilities established under s. 1004.6495
3406 with the development of purchasing guidelines, which must
3407 include a routinely updated list of prohibited items and
3408 services, and items or services for which preauthorization or
3409 additional documentation is required, for authorized uses of
3410 scholarship funds under s. 1002.394(4)(b) and publish the
3411 guidelines on the organization’s website. Any approval or denial
3412 of items and services must be consistent with the purchasing
3413 guidelines developed by the center.
3414 3. If the organization fails to submit the purchasing
3415 handbook required by subparagraph 1., the Department of
3416 Education may assess a financial penalty, not to exceed $10,000,
3417 as prescribed by State Board of Education rule. This
3418 subparagraph expires July 1, 2026.
3419 (p)(u) May permit eligible students to use program funds
3420 for the purposes specified in paragraph (d), as authorized in
3421 the organization’s purchasing handbook, by paying for the
3422 authorized use directly, then submitting a reimbursement request
3423 to the eligible nonprofit scholarship-funding organization.
3424 However, an eligible nonprofit scholarship-funding organization
3425 may require the use of an online platform for direct purchases
3426 of products so long as such use does not limit a parent’s choice
3427 of curriculum or academic programs. If a parent purchases a
3428 product identical to one offered by an organization’s online
3429 platform for a lower price, the organization shall reimburse the
3430 parent the cost of the product.
3431 (v) Must notify each parent that participation in the
3432 scholarship program does not guarantee enrollment.
3433 (w) Shall commit scholarship funds on behalf of the student
3434 for tuition and fees for which the parent is responsible for
3435 payment at the participating private school before using
3436 scholarship account funds for additional authorized uses under
3437 paragraph (d).
3438 (q)(x) Beginning September 30, 2023, Must submit to the
3439 department quarterly reports that provide the estimated and
3440 actual amounts of the net eligible contributions, as defined in
3441 subsection (2), and all funds carried forward from the prior
3442 state fiscal year.
3443 (r)(y) Must establish a process to collect input and
3444 feedback from parents, private schools, and providers before
3445 implementing substantial modifications or enhancements to the
3446 reimbursement process.
3447
3448 Information and documentation provided to the Department of
3449 Education and the Auditor General relating to the identity of a
3450 taxpayer that provides an eligible contribution under this
3451 section shall remain confidential at all times in accordance
3452 with s. 213.053.
3453 (7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
3454 PARTICIPATION.—
3455 (a) A parent who applies for a scholarship whose student
3456 will be enrolled full time in an eligible private school must:
3457 1. Select an eligible private school and apply for the
3458 admission of his or her child.
3459 2. Request the scholarship by the date established by the
3460 organization in a manner that creates a written or electronic
3461 record of the request and the date of receipt of the request.
3462 3.a. Beginning with new applications for the 2025-2026
3463 school year and thereafter, notify the organization by a date
3464 set by the organization that the scholarship is being accepted
3465 or declined.
3466 b. Beginning with renewal applications for the 2025-2026
3467 school year and thereafter, notify the organization by May 31
3468 that the scholarship is being renewed or declined.
3469 4. Inform the applicable school district when the parent
3470 withdraws his or her student from a public school to attend an
3471 eligible private school.
3472 5. Require his or her student participating in the program
3473 to remain in attendance at the eligible private school
3474 throughout the school year unless excused by the school for
3475 illness or other good cause and comply with the private school’s
3476 published policies.
3477 6. Meet with the eligible private school’s principal or the
3478 principal’s designee to review the school’s academic programs
3479 and policies, specialized services, code of student conduct, and
3480 attendance policies before enrollment.
3481 7. Require his or her student participating in the program
3482 to take the norm-referenced assessment offered by the
3483 participating private school. The parent may also choose to have
3484 the student participate in the statewide assessments pursuant to
3485 s. 1008.22. If the parent requests that the student
3486 participating in the program take statewide assessments pursuant
3487 to s. 1008.22 and the participating private school has not
3488 chosen to offer and administer the statewide assessments, the
3489 parent is responsible for transporting the student to the
3490 assessment site designated by the school district.
3491 8. Approve each payment before the scholarship funds may be
3492 deposited by funds transfer. The parent may not designate any
3493 entity or individual associated with the participating private
3494 school as the parent’s attorney in fact to approve a funds
3495 transfer. A participant who fails to comply with this paragraph
3496 forfeits the scholarship.
3497 9. Authorize the nonprofit scholarship-funding organization
3498 to access information needed for income eligibility
3499 determination and verification held by other state or federal
3500 agencies, including the Department of Revenue, the Department of
3501 Children and Families, the Department of Education, the
3502 Department of Commerce, and the Agency for Health Care
3503 Administration, for students seeking priority eligibility.
3504 10. Agree to have the organization commit scholarship funds
3505 on behalf of his or her student for tuition and fees for which
3506 the parent is responsible for payment at the participating
3507 private school before using scholarship account funds for
3508 additional authorized uses under paragraph (6)(d). A parent is
3509 responsible for all eligible expenses in excess of the amount of
3510 the scholarship.
3511 11. Comply with the scholarship application and renewal
3512 processes and requirements established by the organization.
3513 (b) A parent whose student is participating in the
3514 personalized education program and will not be enrolled full
3515 time in a public or private school must:
3516 1. Apply to an eligible nonprofit scholarship-funding
3517 organization to participate in the program as a personalized
3518 education student by a date set by the organization. The request
3519 must be communicated directly to the organization in a manner
3520 that creates a written or electronic record of the request and
3521 the date of receipt of the request. Beginning with new and
3522 renewal applications for the 2025-2026 school year and
3523 thereafter, a parent must notify the organization by May 31 that
3524 the scholarship is being accepted, renewed, or declined.
3525 2. sign an agreement with the organization and annually
3526 submit a sworn compliance statement to the organization to
3527 satisfy or maintain program eligibility, including eligibility
3528 to receive and spend program payments, by:
3529 (a)a. Affirming that the program funds are used only for
3530 authorized purposes serving the student’s educational needs, as
3531 described in paragraph (6)(d), and that they will not receive a
3532 payment, refund, or rebate of any funds provided under this
3533 section.
3534 (b) If the student is enrolled in Florida Virtual School as
3535 a private paying student, agreeing to have the organization
3536 commit scholarship funds on behalf of his or her student for
3537 tuition and fees for which the parent is responsible for payment
3538 to the Florida Virtual School before using scholarship account
3539 funds for additional uses under paragraph (6)(d).
3540 (c)b. Affirming that the parent is responsible for all
3541 eligible expenses in excess of the amount of the scholarship and
3542 for the education of his or her student.
3543 (d)c. Submitting a student learning plan to the
3544 organization and revising the plan at least annually before
3545 program renewal.
3546 (e)d. Requiring his or her student to take a nationally
3547 norm-referenced test identified by the Department of Education,
3548 or a statewide assessment under s. 1008.22, and provide
3549 assessment results to the organization before the student’s
3550 program renewal.
3551 e. Complying with the scholarship application and renewal
3552 processes and requirements established by the organization. A
3553 student whose participation in the program is not renewed may
3554 continue to spend scholarship funds that are in his or her
3555 account from prior years unless the account must be closed
3556 pursuant to s. 1002.394(5)(a)2.
3557 (f)f. Procuring the services necessary to educate the
3558 student. When the student receives a scholarship, the district
3559 school board is not obligated to provide the student with a free
3560 appropriate public education.
3561
3562 For purposes of this subsection paragraph, full-time enrollment
3563 does not include enrollment at a private school that addresses
3564 regular and direct contact with teachers through the student
3565 learning plan in accordance with s. 1002.421(9)(i) s.
3566 1002.421(1)(i).
3567 (c) A parent may not apply for multiple scholarships under
3568 this section and s. 1002.394 for an individual student at the
3569 same time.
3570
3571 An eligible nonprofit scholarship-funding organization may not
3572 further regulate, exercise control over, or require
3573 documentation beyond the requirements of this subsection unless
3574 the regulation, control, or documentation is necessary for
3575 participation in the program.
3576 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
3577 private school may be sectarian or nonsectarian and must:
3578 (a) Comply with all requirements for private schools
3579 participating in state school choice scholarship programs
3580 pursuant to s. 1002.421.
3581 (b) Provide to the organization all documentation required
3582 for a student’s participation, including confirmation of the
3583 student’s admission to the private school, the private school’s
3584 and student’s fee schedules, and any other information required
3585 by the organization to process scholarship payment pursuant to
3586 paragraph (11)(c). Such information must be provided by the
3587 deadlines established by the organization and in accordance with
3588 the requirements of this section. A student is not eligible to
3589 receive a quarterly scholarship payment if the private school
3590 fails to meet the deadline.
3591 (c)1. Annually administer or make provision for students
3592 participating in the scholarship program in grades 3 through 10
3593 to take one of the nationally norm-referenced tests identified
3594 by the department or the statewide assessments pursuant to s.
3595 1008.22. Students with disabilities for whom standardized
3596 testing is not appropriate are exempt from this requirement. A
3597 participating private school must report a student’s scores to
3598 the parent. A participating private school must annually report
3599 by August 15 the scores of all participating students to a state
3600 university described in paragraph (9)(f).
3601 2. Administer the statewide assessments pursuant to s.
3602 1008.22 if a participating private school chooses to offer the
3603 statewide assessments. A participating private school may choose
3604 to offer and administer the statewide assessments to all
3605 students who attend the participating private school in grades 3
3606 through 10 and must submit a request in writing to the
3607 Department of Education by March 1 of each year in order to
3608 administer the statewide assessments in the subsequent school
3609 year.
3610
3611 If a participating private school fails to meet the requirements
3612 of this subsection or s. 1002.421, the commissioner may
3613 determine that the participating private school is ineligible to
3614 participate in the scholarship program.
3615 (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
3616 Education shall:
3617 (a) Annually submit to the department and division, by
3618 March 15, a list of eligible nonprofit scholarship-funding
3619 organizations that meet the requirements of paragraph (2)(f)
3620 (2)(g).
3621 (b) Annually verify the eligibility of nonprofit
3622 scholarship-funding organizations that meet the requirements of
3623 paragraph (2)(f) (2)(g).
3624 (c) Annually verify the eligibility of expenditures as
3625 provided in paragraph (6)(d) or paragraph (6)(i) using the audit
3626 required by paragraph (6)(k) (6)(o).
3627 (d) Notify eligible nonprofit scholarship-funding
3628 organizations of the deadlines for submitting the verified list
3629 of eligible scholarship students; cross-check the verified list
3630 with the public school enrollment lists to avoid duplication;
3631 and, when the Florida Education Finance Program is recalculated,
3632 adjust the amount of state funds allocated to school districts
3633 through the Florida Education Finance Program based upon the
3634 results of the cross-check.
3635 (e) Maintain and annually publish a list of nationally
3636 norm-referenced tests identified for purposes of satisfying the
3637 testing requirement in subparagraph (8)(c)1. The tests must meet
3638 industry standards of quality in accordance with State Board of
3639 Education rule.
3640 (f) Issue a project grant award to a state university, to
3641 which participating private schools and eligible nonprofit
3642 scholarship-funding organizations must report the scores of
3643 participating students on the nationally norm-referenced tests
3644 or the statewide assessments administered in grades 3 through
3645 10. The project term is 2 years, and the amount of the project
3646 is up to $250,000 per year. The project grant award must be
3647 reissued in 2-year intervals in accordance with this paragraph.
3648 1. The state university must annually report to the
3649 Department of Education on the student performance of
3650 participating students and, beginning with the 2027-2028 school
3651 year, on the performance of personalized education students:
3652 a. On a statewide basis. The report shall also include, to
3653 the extent possible, a comparison of scholarship students’
3654 performance to the statewide student performance of public
3655 school students with socioeconomic backgrounds similar to those
3656 of students participating in the scholarship program. To
3657 minimize costs and reduce time required for the state
3658 university’s analysis and evaluation, the Department of
3659 Education shall coordinate with the state university to provide
3660 data to the state university in order to conduct analyses of
3661 matched students from public school assessment data and
3662 calculate control group student performance using an agreed-upon
3663 methodology with the state university; and
3664 b. On an individual school basis for students enrolled full
3665 time in a private school. The annual report must include student
3666 performance for each participating private school in which
3667 enrolled students in the private school participated in a
3668 scholarship program under this section or s. 1002.394(12)(a) in
3669 the prior school year. The report shall be according to each
3670 participating private school, and for participating students, in
3671 which there are at least 30 participating students who have
3672 scores for tests administered. If the state university
3673 determines that the 30-participating-student cell size may be
3674 reduced without disclosing personally identifiable information,
3675 as described in 34 C.F.R. s. 99.12, of a participating student,
3676 the state university may reduce the participating-student cell
3677 size, but the cell size must not be reduced to less than 10
3678 participating students. The department shall provide each
3679 participating private school’s prior school year’s student
3680 enrollment information to the state university no later than
3681 June 15 of each year, or as requested by the state university.
3682 2. The sharing and reporting of student performance data
3683 under this paragraph must be in accordance with requirements of
3684 ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, the Family
3685 Educational Rights and Privacy Act, and the applicable rules and
3686 regulations issued pursuant thereto, and shall be for the sole
3687 purpose of creating the annual report required by subparagraph
3688 1. All parties must preserve the confidentiality of such
3689 information as required by law. The annual report must not
3690 disaggregate data to a level that will identify individual
3691 participating schools, except as required under sub-subparagraph
3692 1.b., or disclose the academic level of individual students.
3693 3. The annual report required by subparagraph 1. shall be
3694 published by the Department of Education on its website.
3695 (g) Notify an eligible nonprofit scholarship-funding
3696 organization of any of the organization’s identified students
3697 who are receiving educational scholarships pursuant to this
3698 chapter.
3699 (h) Notify an eligible nonprofit scholarship-funding
3700 organization of any of the organization’s identified students
3701 who are receiving tax credit scholarships from other eligible
3702 nonprofit scholarship-funding organizations.
3703 (i) Require quarterly reports by an eligible nonprofit
3704 scholarship-funding organization regarding the number of
3705 students participating in the program; the private schools at
3706 which the students are enrolled; the number of scholarship
3707 applications received, the number of applications processed
3708 within 30 days after receipt, and the number of incomplete
3709 applications received; data related to reimbursement
3710 submissions, including the average number of days for a
3711 reimbursement to be reviewed and the average number of days for
3712 a reimbursement to be approved; any parent input and feedback
3713 collected regarding the program; and any other information
3714 deemed necessary by the Department of Education.
3715 (e)(j) Provide a process to match the direct certification
3716 list with the scholarship application data submitted by any
3717 nonprofit scholarship-funding organization eligible to receive
3718 the 3 percent 3-percent administrative allowance under paragraph
3719 (6)(i) (6)(l).
3720 (f)(k) Notify each school district of the full-time
3721 equivalent student consensus estimate of scholarship students
3722 developed pursuant to s. 216.136(4)(a).
3723 (10) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
3724 (a) Upon the request of any eligible nonprofit scholarship
3725 funding organization, a school district shall inform all
3726 households within the district receiving free or reduced-priced
3727 meals under the National School Lunch Act of their eligibility
3728 to apply for a tax credit scholarship. The form of such notice
3729 shall be provided by the eligible nonprofit scholarship-funding
3730 organization, and the district shall include the provided form,
3731 if requested by the organization, in any normal correspondence
3732 with eligible households. If an eligible nonprofit scholarship
3733 funding organization requests a special communication to be
3734 issued to households within the district receiving free or
3735 reduced-price meals under the National School Lunch Act, the
3736 organization shall reimburse the district for the cost of
3737 postage. Such notice is limited to once a year.
3738 (b) Upon the request of the Department of Education, a
3739 school district shall coordinate with the department to provide
3740 to a participating private school the statewide assessments
3741 administered under s. 1008.22 and any related materials for
3742 administering the assessments. A school district is responsible
3743 for implementing test administrations at a participating private
3744 school, including the:
3745 1. Provision of training for participating private school
3746 staff on test security and assessment administration procedures;
3747 2. Distribution of testing materials to a participating
3748 private school;
3749 3. Retrieval of testing materials from a participating
3750 private school;
3751 4. Provision of the required format for a participating
3752 private school to submit information to the district for test
3753 administration and enrollment purposes; and
3754 5. Provision of any required assistance, monitoring, or
3755 investigation at a participating private school.
3756 (9)(11) SCHOLARSHIP AMOUNT AND PAYMENT.—
3757 (a) The scholarship amount provided to any student for any
3758 single school year by an eligible nonprofit scholarship-funding
3759 organization from eligible contributions shall be for total
3760 costs authorized under paragraph (6)(c) (6)(d), not to exceed
3761 annual limits., which shall be determined as follows:
3762 1. For a student who received a scholarship in the 2018
3763 2019 school year, who remains eligible, and who is enrolled in
3764 an eligible private school, the amount shall be the greater
3765 amount calculated pursuant to subparagraph 2. or a percentage of
3766 the unweighted FTE funding amount for the 2018-2019 state fiscal
3767 year and thereafter as follows:
3768 a. Eighty-eight percent for a student enrolled in
3769 kindergarten through grade 5.
3770 b. Ninety-two percent for a student enrolled in grade 6
3771 through grade 8.
3772 c. Ninety-six percent for a student enrolled in grade 9
3773 through grade 12.
3774 2. For students initially eligible in the 2019-2020 school
3775 year or thereafter, the calculated amount for a student to
3776 attend an eligible private school shall be calculated in
3777 accordance with s. 1002.394(12)(a).
3778 (b) Payment of the scholarship by the eligible nonprofit
3779 scholarship-funding organization shall be by funds transfer,
3780 including, but not limited to, debit cards, electronic payment
3781 cards, or any other means of payment that the department deems
3782 to be commercially viable or cost-effective. An eligible
3783 nonprofit scholarship-funding organization shall ensure that the
3784 parent has approved a funds transfer before any scholarship
3785 funds are deposited.
3786 (c) If a scholarship student is attending an eligible
3787 private school full time, the initial payment shall be made
3788 after the organization’s verification of admission acceptance,
3789 and subsequent payments shall be made upon verification of
3790 continued enrollment and attendance at the eligible private
3791 school. Payments shall be made within 7 business days after
3792 approval by the parent pursuant to paragraph (7)(a) and the
3793 private school pursuant to paragraph (8)(b).
3794 (d) Payment of the scholarship shall be made by the
3795 eligible nonprofit scholarship-funding organization no less
3796 frequently than on a quarterly basis.
3797 (e) An eligible nonprofit scholarship-funding organization
3798 may not transfer any funds to an account of a student determined
3799 eligible under this section which has a balance in excess of
3800 $24,000.
3801 (b)(f) A scholarship awarded to an eligible student shall
3802 remain in force until:
3803 1. The organization determines that the student is not
3804 eligible for program renewal;
3805 2. The Commissioner of Education suspends or revokes
3806 program participation or use of funds;
3807 3. The student’s parent has forfeited participation in the
3808 program for failure to comply with subsection (7);
3809 4. The student who uses the scholarship for full-time
3810 tuition and fees at an eligible private school pursuant to
3811 paragraph (7)(a) enrolls full time in a public school. However,
3812 if a student enters a Department of Juvenile Justice detention
3813 center for a period of no more than 21 days, the student is not
3814 considered to have returned to a public school on a full-time
3815 basis for that purpose; or
3816 5. The student graduates from high school, completes a home
3817 education program as defined in the student’s personalized
3818 education plan, or attains 21 years of age, whichever occurs
3819 first.
3820 (g) Reimbursements for program expenditures may continue
3821 until the account balance is expended or remaining funds have
3822 reverted to the state.
3823 (c)(h) A student’s scholarship account must be closed and
3824 any remaining funds shall revert to the state after:
3825 1. Denial or revocation of program eligibility by the
3826 commissioner for fraud or abuse, including, but not limited to,
3827 the student or student’s parent accepting any payment, refund,
3828 or rebate, in any manner, from a provider of any services
3829 received pursuant to paragraph (6)(d);
3830 2. One fiscal year Two consecutive fiscal years in which an
3831 account has been inactive; or
3832 3. The student remains unenrolled in an eligible private
3833 school for 30 days while receiving a scholarship that requires
3834 full-time enrollment; or
3835 4. A student’s scholarship no longer remains in force due
3836 to any of the reasons provided in paragraph (b).
3837
3838 An organization must report to the Department of Education the
3839 total number of scholarship accounts that were closed pursuant
3840 to this paragraph and the amount of funds by account that
3841 reverted to the organization.
3842 (d)(i) Moneys received pursuant to this section do not
3843 constitute taxable income to the qualified student or the parent
3844 of the qualified student.
3845 (13)(15) NONPROFIT SCHOLARSHIP-FUNDING ORGANIZATIONS;
3846 APPLICATION.—In order to participate in the scholarship program
3847 created under this section, a charitable organization that seeks
3848 to be a nonprofit scholarship-funding organization must submit
3849 an application for initial approval or renewal to the Office of
3850 Independent Education and Parental Choice. Charitable
3851 organizations may apply at any time to participate in the
3852 program.
3853 (e) If the State Board of Education disapproves the renewal
3854 of a nonprofit scholarship-funding organization, the
3855 organization must notify the affected eligible students and
3856 parents of the decision within 15 days after disapproval. An
3857 eligible student affected by the disapproval of an
3858 organization’s participation remains eligible under this section
3859 until the end of the school year in which the organization was
3860 disapproved. The student must apply and be accepted by another
3861 eligible nonprofit scholarship-funding organization for the
3862 upcoming school year. The student shall be given priority in
3863 accordance with s. 1002.421(2)(d)3. paragraph (6)(g).
3864 Section 7. Paragraph (l) of subsection (4) of section
3865 1003.485, Florida Statutes, is amended to read:
3866 1003.485 The New Worlds Reading Initiative.—
3867 (4) ADMINISTRATOR RESPONSIBILITIES.—The administrator
3868 shall:
3869 (l) Expend eligible contributions received only for the
3870 purchase and delivery of books and to implement the requirements
3871 of this section, as well as for administrative expenses not to
3872 exceed 2 percent of total eligible contributions.
3873 Notwithstanding s. 1002.395(6)(i)3. s. 1002.395(6)(l)3., the
3874 administrator may carry forward up to 25 percent of eligible
3875 contributions made before January 1 of each state fiscal year
3876 and 100 percent of eligible contributions made on or after
3877 January 1 of each state fiscal year to the following state
3878 fiscal year for purposes authorized by this subsection. Any
3879 eligible contributions in excess of the allowable carry forward
3880 not used to provide additional books throughout the year to
3881 eligible students shall revert to the state treasury.
3882 Section 8. Paragraph (d) of subsection (5) of section
3883 1008.25, Florida Statutes, is amended to read:
3884 1008.25 Public school student progression; student support;
3885 coordinated screening and progress monitoring; reporting
3886 requirements.—
3887 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
3888 (d) The parent of any student who exhibits a substantial
3889 deficiency in reading, as described in paragraph (a), must be
3890 immediately notified in writing of the following:
3891 1. That his or her child has been identified as having a
3892 substantial deficiency in reading, including a description and
3893 explanation, in terms understandable to the parent, of the exact
3894 nature of the student’s difficulty in learning and lack of
3895 achievement in reading.
3896 2. A description of the current services that are provided
3897 to the child.
3898 3. A description of the proposed intensive interventions
3899 and supports that will be provided to the child that are
3900 designed to remediate the identified area of reading deficiency.
3901 4. The student progression requirements under paragraph
3902 (2)(h) and that if the child’s reading deficiency is not
3903 remediated by the end of grade 3, the child must be retained
3904 unless he or she is exempt from mandatory retention for good
3905 cause.
3906 5. Strategies, including multisensory strategies and
3907 programming, through a read-at-home plan the parent can use in
3908 helping his or her child succeed in reading. The read-at-home
3909 plan must provide access to the resources identified in
3910 paragraph (e).
3911 6. That the statewide, standardized English Language Arts
3912 assessment is not the sole determiner of promotion and that
3913 additional evaluations, portfolio reviews, and assessments are
3914 available to the child to assist parents and the school district
3915 in knowing when a child is reading at or above grade level and
3916 ready for grade promotion.
3917 7. The district’s specific criteria and policies for a
3918 portfolio as provided in subparagraph (7)(b)4. and the evidence
3919 required for a student to demonstrate mastery of Florida’s
3920 academic standards for English Language Arts. A school must
3921 immediately begin collecting evidence for a portfolio when a
3922 student in grade 3 is identified as being at risk of retention
3923 or upon the request of the parent, whichever occurs first.
3924 8. The district’s specific criteria and policies for
3925 midyear promotion. Midyear promotion means promotion of a
3926 retained student at any time during the year of retention once
3927 the student has demonstrated ability to read at grade level.
3928 9. Information about the student’s eligibility for the New
3929 Worlds Reading Initiative under s. 1003.485 and the New Worlds
3930 Scholarship Accounts under s. 1002.411 and information on parent
3931 training modules and other reading engagement resources
3932 available through the initiative.
3933
3934 After initial notification, the school shall apprise the parent
3935 at least monthly of the student’s progress in response to the
3936 intensive interventions and supports. Such communications must
3937 be in writing and must explain any additional interventions or
3938 supports that will be implemented to accelerate the student’s
3939 progress if the interventions and supports already being
3940 implemented have not resulted in improvement. Upon the request
3941 of the parent, the teacher or school administrator shall meet to
3942 discuss the student’s progress. The parent may request more
3943 frequent notification of the student’s progress, more frequent
3944 interventions or supports, and earlier implementation of the
3945 additional interventions or supports described in the initial
3946 notification.
3947 Section 9. Section 1010.305, Florida Statutes, is amended
3948 to read:
3949 1010.305 Audit of student enrollment.—
3950 (1) The Auditor General shall annually periodically examine
3951 the records of school districts, eligible nonprofit scholarship
3952 funding organizations as defined in s. 1002.421, and other
3953 agencies as appropriate, to determine compliance with law and
3954 State Board of Education rules relating to the classification,
3955 assignment, and verification of full-time equivalent student
3956 enrollment and student transportation reported under the Florida
3957 Education Finance Program.
3958 (2) If it is determined that the approved criteria and
3959 procedures for the placement of students and the conduct of
3960 programs have not been followed by the district or eligible
3961 nonprofit scholarship-funding organization, appropriate
3962 adjustments in the full-time equivalent student count for that
3963 district or eligible nonprofit scholarship-funding organization
3964 must be made, and any excess funds must be deducted from
3965 subsequent allocations of state funds to that district or
3966 eligible nonprofit scholarship-funding organization. As provided
3967 for by rule, if errors in a specific program of a district or
3968 eligible nonprofit scholarship-funding organization recur in
3969 consecutive years due to lack of corrective action by the
3970 district or eligible nonprofit scholarship-funding organization,
3971 adjustments may be made based upon statistical estimates of
3972 error projected to the overall district or scholarship program.
3973 Section 10. Subsection (4) of section 1011.61, Florida
3974 Statutes, is amended to read:
3975 1011.61 Definitions.—Notwithstanding the provisions of s.
3976 1000.21, the following terms are defined as follows for the
3977 purposes of the Florida Education Finance Program:
3978 (4) The “Florida Education Finance Program” includes all
3979 programs and costs as provided in ss. 1003.03, 1011.62, 1011.68,
3980 and 1011.685, 1011.687, and 1011.689, as applicable.
3981 Section 11. Paragraph (a) of subsection (1), paragraph (a)
3982 of subsection (15), and subsections (16) and (19) of section
3983 1011.62, Florida Statutes, are amended to read:
3984 1011.62 Funds for operation of schools.—If the annual
3985 allocation from the Florida Education Finance Program to each
3986 district for operation of schools is not determined in the
3987 annual appropriations act or the substantive bill implementing
3988 the annual appropriations act, it shall be determined as
3989 follows:
3990 (1) COMPUTATION OF THE BASE FLORIDA EDUCATION FINANCE
3991 PROGRAM.—The following procedure shall be followed in
3992 determining the base Florida Education Finance Program funds for
3993 each district:
3994 (a) Determination of full-time equivalent membership.—
3995 1. During the fiscal year, including scheduled
3996 intersessions of a year-round school program during the fiscal
3997 year, each district shall complete full-time equivalent surveys
3998 by aggregating the full-time equivalent student membership of
3999 each program by school. The department shall establish the
4000 number and interval of membership calculations. The district’s
4001 full-time equivalent membership shall be computed and currently
4002 maintained in accordance with regulations of the commissioner.
4003 2. All final reported full-time equivalent survey data must
4004 include the unduplicated count of both school district full-time
4005 equivalent students and full-time equivalent Family Empowerment
4006 Scholarship students.
4007 (15) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT.—The
4008 total annual state allocation to each district for current
4009 operation for the Florida Education Finance Program shall be
4010 distributed to districts pursuant to s. 1011.66 and based on the
4011 results of the full-time equivalent membership surveys
4012 established in paragraph (1)(a).
4013 (a) When the Florida Education Finance Program allocation
4014 is recalculated, if the gross state Florida Education Finance
4015 Program funds are not sufficient to pay the state requirement in
4016 full, the department shall prorate the available state funds to
4017 each district in the following manner:
4018 1. To calculate the gross state and local Florida Education
4019 Finance Program funding, add the base Florida Education Finance
4020 Program and the categorical funds, except for the categorical
4021 funding provided in subsection (16) and s. 1011.685.
4022 2. To calculate the gross state Florida Education Finance
4023 Program funding, subtract the required local effort in
4024 subsection (4) from the gross and local Florida Education
4025 Finance Program funding.
4026 3. To determine the amount that must be prorated among all
4027 school districts, subtract the gross state Florida Education
4028 Finance Program and any prior year adjustments pursuant to
4029 paragraph (b) from the corresponding amount of state funds
4030 appropriated in the General Appropriations Act.
4031 4. Each school district’s amount of the proration is
4032 calculated based on its proportionate share of the gross state
4033 and local Florida Education Finance Program funding.
4034 (16) STATE-FUNDED DISCRETIONARY SUPPLEMENT.—
4035 (a) The state-funded discretionary supplement is created to
4036 fund the nonvoted discretionary millage for operations pursuant
4037 to s. 1011.71(1) and (3) for students awarded a Family
4038 Empowerment Scholarship in accordance with s. 1002.394. To
4039 calculate the state-funded discretionary supplement for
4040 inclusion in the amount of the scholarship funding:
4041 1. For fiscal year 2023-2024, multiply the maximum
4042 allowable nonvoted discretionary millage for operations pursuant
4043 to s. 1011.71(1) and (3) by the value of 96 percent of the
4044 current year’s taxable value for school purposes for the school
4045 district where the student is reported for purposes of the
4046 Florida Education Finance Program as appropriated in the General
4047 Appropriations Act; divide the result by the school district’s
4048 total unweighted full-time equivalent membership as appropriated
4049 in the General Appropriations Act; and multiply the result by
4050 the total unweighted full-time equivalent membership associated
4051 with the number of Family Empowerment Scholarship students
4052 included in the school district’s total unweighted full-time
4053 equivalent membership. A base amount as specified in the General
4054 Appropriations Act shall be added to this amount for purposes of
4055 calculating the total amount of the supplement.
4056 2. Beginning in fiscal year 2024-2025 and thereafter,
4057 multiply the maximum allowable nonvoted discretionary millage
4058 for operations pursuant to s. 1011.71(1) and (3) by the value of
4059 96 percent of the current year’s taxable value for school
4060 purposes for the school district where the student is reported
4061 for purposes of the Florida Education Finance Program as
4062 appropriated in the General Appropriations Act; divide the
4063 result by the school district’s total unweighted full-time
4064 equivalent membership as appropriated in the General
4065 Appropriations Act; and multiply the result by the total
4066 unweighted full-time equivalent membership associated with the
4067 number of Family Empowerment Scholarship students. The prior
4068 year’s base amount shall be adjusted based on changes in the
4069 eligible number of unweighted full-time equivalent membership
4070 associated with the number of Family Empowerment Scholarship
4071 students.
4072 (b) The state-funded discretionary supplement shall be
4073 recalculated during the fiscal year based on actual full-time
4074 equivalent student membership.
4075 (19) EDUCATIONAL ENROLLMENT STABILIZATION PROGRAM.—
4076 (a) The educational enrollment stabilization program is
4077 created to provide supplemental state funds as needed to
4078 maintain the stability of the operations of public schools in
4079 each school district and to protect districts, including charter
4080 schools, from financial instability as a result of changes in
4081 full-time equivalent student enrollment throughout the school
4082 year.
4083 (b) The Legislature shall annually appropriate funds in the
4084 General Appropriations Act to the Department of Education for
4085 this program in an amount necessary to maintain a projected
4086 minimum balance of $250 million at the beginning of the upcoming
4087 fiscal year. The Department of Education shall use funds as
4088 appropriated to ensure that based on each recalculation of the
4089 Florida Education Finance Program pursuant to paragraph (1)(a),
4090 a school district’s funds per unweighted full-time equivalent
4091 student are not less than the greater of either the school
4092 district’s funds per unweighted full-time equivalent student as
4093 appropriated in the General Appropriations Act or the school
4094 district’s funds per unweighted full-time equivalent student as
4095 recalculated based upon the receipt of the certified taxable
4096 value for school purposes pursuant to s. 1011.62(4).
4097 (c) Notwithstanding s. 216.301 and pursuant to s. 216.351,
4098 the unexpended balance of funds appropriated pursuant to this
4099 subsection which is not disbursed by June 30 of the fiscal year
4100 in which the funds are appropriated may be carried forward for
4101 up to 10 years after the effective date of the original
4102 appropriation.
4103 Section 12. Paragraph (l) of subsection (2) of section
4104 11.45, Florida Statutes, is amended, and paragraph (o) is added
4105 to that subsection, to read:
4106 11.45 Definitions; duties; authorities; reports; rules.—
4107 (2) DUTIES.—The Auditor General shall:
4108 (l) At least once every 3 years, conduct operational audits
4109 of the accounts and records of eligible nonprofit scholarship
4110 funding organizations receiving eligible contributions under s.
4111 1002.395, including any contracts for services with related
4112 entities, to determine compliance with the provisions of that
4113 section. Such audits shall include, but not be limited to, a
4114 determination of the eligible nonprofit scholarship-funding
4115 organization’s compliance with s. 1002.395(6)(i), including
4116 whether the organization’s expenditures are reasonable and
4117 necessary s. 1002.395(6)(l). The Auditor General shall provide
4118 its report on the results of the audits to the Governor, the
4119 President of the Senate, the Speaker of the House of
4120 Representatives, the Chief Financial Officer, and the
4121 Legislative Auditing Committee, within 30 days of completion of
4122 the audit.
4123 (o) Beginning July 1, 2027, annually conduct an audit of
4124 records of eligible scholarship-funding organizations regarding
4125 the background screening results in s. 1002.421(8)(a).
4126
4127 The Auditor General shall perform his or her duties
4128 independently but under the general policies established by the
4129 Legislative Auditing Committee. This subsection does not limit
4130 the Auditor General’s discretionary authority to conduct other
4131 audits or engagements of governmental entities as authorized in
4132 subsection (3).
4133 Section 13. Paragraph (c) of subsection (7) of section
4134 212.099, Florida Statutes, is amended to read:
4135 212.099 Credit for contributions to eligible nonprofit
4136 scholarship-funding organizations.—
4137 (7)
4138 (c) The organization may, subject to the limitations of s.
4139 1002.395(6)(i)1. s. 1002.395(6)(l)1., use eligible contributions
4140 received during the state fiscal year in which such
4141 contributions are collected for administrative expenses.
4142 Section 14. Subsection (6) of section 402.22, Florida
4143 Statutes, is amended to read:
4144 402.22 Education program for students who reside in
4145 residential care facilities operated by the Department of
4146 Children and Families or the Agency for Persons with
4147 Disabilities.—
4148 (6) Notwithstanding the provisions of s. 1001.42(4)(m), the
4149 educational program at the Marianna Sunland Center in Jackson
4150 County shall be operated by the Department of Education, either
4151 directly or through grants or contractual agreements with other
4152 public educational agencies. The annual state allocation to any
4153 such agency shall be computed pursuant to s. 1011.62(1), (2),
4154 and (17) (18) and allocated in the amount that would have been
4155 provided the local school district in which the residential
4156 facility is located.
4157 Section 15. Paragraph (b) of subsection (6) of section
4158 1002.45, Florida Statutes, is amended to read:
4159 1002.45 Virtual instruction programs.—
4160 (6) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
4161 FUNDING.—
4162 (b) Students enrolled in a virtual instruction program
4163 shall be funded in the Florida Education Finance Program as
4164 provided in the General Appropriations Act. The calculation to
4165 determine the amount of funds for each student through the
4166 Florida Education Finance Program shall include the sum of the
4167 basic amount for current operations established in s.
4168 1011.62(1)(n) and all categorical programs except for the
4169 categorical programs established in ss. 1011.62(7) and, (12),
4170 and (16), 1011.68, and 1011.685, and 1011.687. Students residing
4171 outside of the school district reporting the full-time
4172 equivalent virtual student shall be funded from state funds
4173 only.
4174 Section 16. Subsection (3) of section 1003.4935, Florida
4175 Statutes, is amended to read:
4176 1003.4935 Middle grades career and professional academy
4177 courses and career-themed courses.—
4178 (3) CAPE industry certifications offered in the middle
4179 grades that are included on the CAPE Industry Certification
4180 Funding List, if earned by students, are eligible for additional
4181 funding pursuant to s. 1011.62(16) s. 1011.62(17).
4182 Section 17. Paragraph (a) of subsection (2) and paragraph
4183 (b) of subsection (3) of section 1010.20, Florida Statutes, are
4184 amended to read:
4185 1010.20 Cost accounting and reporting for school
4186 districts.—
4187 (2) COST REPORTING.—
4188 (a) Each district shall report on a district-aggregate
4189 basis expenditures for inservice training pursuant to s.
4190 1011.62(3) and for categorical programs as provided in s.
4191 1011.62(18).
4192 (3) PROGRAM EXPENDITURE REQUIREMENTS.—
4193 (b) Funds for inservice training established in s.
4194 1011.62(3) and for categorical programs established in s.
4195 1011.62(17) s. 1011.62(18) shall be expended for the costs of
4196 the identified programs as provided by law and in accordance
4197 with the rules of the State Board of Education.
4198 Section 18. (1) No later than December 1, 2026, the
4199 Department of Education shall provide recommendations to the
4200 Governor, the President of the Senate, and the Speaker of the
4201 House of Representatives to improve the efficiency and
4202 effectiveness of the implementation of the scholarship programs
4203 created pursuant to chapter 1002, Florida Statutes, for
4204 implementation beginning in the 2028-2029 school year.
4205 (2) At a minimum, the Department of Education must include
4206 recommendations which include the following scholarship program
4207 components:
4208 (a) The costs to contract with scholarship-funding
4209 organizations, not to exceed five scholarship-funding
4210 organizations, or to administer the scholarship program wholly
4211 or partly within the Department of Education, school districts,
4212 or educational consortiums including, but not limited to, costs
4213 associated with:
4214 1. The scholarship application process pursuant to s.
4215 1002.421(2), Florida Statutes.
4216 2. The scholarship enrollment and verification process
4217 pursuant to s. 1002.421(3), Florida Statutes.
4218 3. The scholarship payment and reimbursement process and
4219 the scholarship account requirements pursuant to s. 1002.421(5)
4220 and (6), Florida Statutes.
4221 4. Communicating with parents regarding the different
4222 scholarship programs and how to apply to a scholarship program
4223 and assisting parents with additional scholarship-related
4224 questions and issues.
4225 5. A reasonable administration fee by various program
4226 component.
4227 (b) The administration of the scholarship-funding tax
4228 credits program pursuant s. 1002.395(5).
4229 (c) The requirements to be an approved scholarship-funding
4230 organization.
4231 (d) A plan to ensure that the results from required
4232 background screening for education providers who are licensed or
4233 who are exempt from licensure through the Department of Children
4234 and Families are shared with the Department of Education.
4235 Section 19. This act shall take effect July 1, 2026.