Florida Senate - 2026 CS for SB 318
By the Committee on Appropriations; and Senators Gaetz, Simon,
Pizzo, Burgess, Osgood, and Rouson
576-01759-26 2026318c1
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; specifying
48 fund distribution for the scholarship terms;
49 prohibiting a parent from applying for multiple
50 scholarships for an individual student at the same
51 time; authorizing specified students to apply for a
52 scholarship at any time but only receive payments
53 prospectively; prohibiting an eligible nonprofit
54 scholarship-funding organization from restricting or
55 reserving scholarships for use at a particular school;
56 requiring such organization to notify each parent of a
57 scholarship applicant that participation in the
58 program does not guarantee enrollment at a private
59 school; providing that a parent who submitted an
60 application by a specified date need not submit a new
61 application; authorizing a parent to withdraw his or
62 her application and reapply; prohibiting an eligible
63 nonprofit scholarship-funding organization from
64 requiring documentation beyond the requirements of the
65 scholarship program; requiring an eligible nonprofit
66 scholarship-funding organization to verify a student’s
67 eligibility upon receipt of an application; requiring
68 an eligible nonprofit scholarship-funding organization
69 to send a list of verified eligible students to the
70 department by specified dates; requiring the
71 department to assign each verified eligible student a
72 Florida student identification number; requiring the
73 organization to use such number for tracking and
74 reporting scholarship data; requiring the department
75 to cross-check each list of verified eligible students
76 with certain other lists; requiring the department to
77 send the cross-checked list to the applicable school
78 district; requiring the department to require the
79 organization to suspend payments for any period of
80 time the student is found to be ineligible; requiring
81 the department to notify an eligible nonprofit
82 scholarship-funding organization of specified
83 information; requiring the department to provide
84 certain lists of students to certain parties;
85 requiring an eligible nonprofit scholarship-funding
86 organization to verify a student’s continued
87 eligibility before disbursing each payment; providing
88 criteria for verifying continued eligibility;
89 requiring parents of students receiving scholarship
90 payments to verify specified information; providing
91 criteria for verifying continued eligibility;
92 requiring parents of students receiving scholarship
93 payments to verify specified information; providing
94 that the scholarship program award amounts are the
95 amounts provided in the General Appropriations Act;
96 providing parameters for the calculation of the
97 scholarship amounts for certain students; requiring an
98 eligible nonprofit scholarship-funding organization to
99 establish and maintain a scholarship account for each
100 student; providing requirements for such accounts;
101 providing that accrued interest is in addition to and
102 not part of a student’s account; providing that
103 program funds include awarded funds and accrued
104 interest and are available only for authorized
105 expenditures; requiring eligible nonprofit
106 scholarship-funding organizations to make payments by
107 funds transfer; providing requirements for such funds
108 transfer; prohibiting a student’s scholarship award
109 from being reduced to cover certain fees; requiring
110 that commodities or services related to the funds
111 transfer system be procured by a specified method;
112 providing an exception; prohibiting an eligible
113 nonprofit scholarship-funding organization from
114 transferring funds to an account that has a balance in
115 excess of a specified amount; specifying certain
116 qualifications for educational expenditures; providing
117 that a parent who fails to comply with such
118 qualifications forfeits the scholarship; authorizing
119 certain students in a scholarship program to take
120 specified tests and certain assessments; providing an
121 exception; requiring a participating private school to
122 administer or provide for students to take specified
123 tests and assessments; requiring a participating
124 private school to submit a certain written request to
125 the department by a specified date; requiring a school
126 district to administer tests and assessments at a
127 participating private school; requiring an owner or
128 operator or individual providing services to undergo a
129 background screening; providing requirements for the
130 submission of fingerprints; requiring the Department
131 of Law Enforcement to retain such fingerprints in a
132 specified manner; providing screening requirements for
133 specified individuals; prohibiting such owner or
134 operator from transferring ownership or management
135 authority to a relative; defining the term “relative”;
136 requiring an eligible nonprofit scholarship-funding
137 organization to report the annual audit of background
138 screening results to the Department of Education;
139 providing that a participating private school may be
140 sectarian or nonsectarian; revising information
141 required to be provided to the department by a private
142 school; deleting obsolete language; providing
143 construction; requiring the department to publish and
144 update information on its website relating to
145 scholarship programs; requiring the department to
146 investigate complaints; requiring the department to
147 maintain and annually publish a list of tests that
148 satisfy a specified requirement; requiring the
149 department to develop a standard withdrawal form for
150 parents withdrawing a student from public school;
151 providing requirements for such form; requiring the
152 department to produce a specified annual report;
153 authorizing the department to suspend or revoke
154 program participation or the use of program funds for
155 specified entities; requiring the department to
156 develop a uniform reimbursement process; requiring an
157 organization, by a specified date, to approve, deny,
158 or request more information relating to a
159 reimbursement request; requiring the department to
160 annually report to the state its accountability
161 actions; deleting the definition of the term “owner or
162 operator”; requiring a school district, by a specified
163 date, to inform certain households of eligibility to
164 apply for a scholarship program; requiring the school
165 district to coordinate with the department to provide
166 a participating private school with statewide
167 assessments; requiring a school district to publish
168 information about a scholarship program on its
169 website; requiring a school district to provide a
170 parent with the withdrawal form upon request; deleting
171 obsolete language; amending s. 1002.394, F.S.;
172 deleting obsolete language; providing a title for a
173 scholarship granted to a student who meets specified
174 eligibility requirements; providing that authorized
175 uses of program funds include digital devices;
176 providing that authorized uses of program funds
177 include membership dues and activity fees for career
178 and technical student organizations; providing that
179 tuition and fees that meet certain requirements are
180 eligible for program funds; revising conditions under
181 which a student is no longer eligible for scholarship
182 funding; requiring an eligible nonprofit scholarship
183 funding organization to notify a parent before closing
184 a student’s account; requiring an eligible nonprofit
185 scholarship-funding organization to report certain
186 information to the Department of Education regarding
187 scholarship accounts closed under certain
188 circumstances; requiring an eligible nonprofit
189 scholarship-funding organization to notify a parent
190 if, upon a student reaching a specified age, a balance
191 exists in the student’s account, the amount of the
192 balance, and how the funds may be used; requiring an
193 organization to annually report to the department the
194 number of scholarship accounts closed under specified
195 circumstances; requiring an organization to notify the
196 department when a student withdraws from a scholarship
197 program; deleting a provision allowing a public school
198 student to receive a scholarship for transportation;
199 revising the time frame for a school district to
200 notify a parent of certain information; revising the
201 percentage of funds that can be used for certain
202 purposes; deleting obsolete language; amending s.
203 1002.395, F.S.; deleting obsolete language; deleting
204 provisions related to scholarship priority; deleting a
205 provision allowing a public school student to receive
206 a scholarship for transportation; revising a provision
207 requiring eligible nonprofit scholarship-funding
208 organizations to verify that scholarship funds are
209 used for specified purposes; requiring an eligible
210 nonprofit scholarship-funding organization to report
211 to the department the total number of scholarship
212 accounts closed due to certain reasons; amending s.
213 1003.485, F.S.; conforming a cross-reference; amending
214 s. 1008.25, F.S.; making a conforming change; amending
215 s. 1010.305, F.S.; requiring the Auditor General to
216 annually, rather than periodically, examine the
217 records of eligible nonprofit scholarship-funding
218 organizations; providing for appropriate adjustments
219 to be made and excess funds to be deducted if criteria
220 and procedures have not been followed by an eligible
221 nonprofit scholarship-funding organization; amending
222 s. 1011.61, F.S.; conforming a cross-reference;
223 amending s. 1011.62, F.S.; deleting a requirement with
224 respect to full-time equivalent student survey data;
225 deleting obsolete language relating to the state
226 funded discretionary supplement; amending s. 11.45,
227 F.S.; conforming a cross-reference; requiring the
228 Auditor General to annually conduct an audit of
229 specified records; amending ss. 212.099, 402.22,
230 1002.45, 1003.4935, and 1010.20, F.S.; conforming
231 cross-references; providing legislative findings;
232 requiring the Department of Education to provide a
233 specified report regarding recommendations for
234 implementing the educational scholarship programs;
235 providing requirements for the recommendations;
236 authorizing the department to make recommendations to
237 specified entities; requiring certain contracts to be
238 awarded through a competitive procurement process;
239 requiring the department to include an outline of
240 requirements for each program component; providing
241 requirements for the outline; requiring the department
242 to include recommendations for eligibility
243 requirements of scholarship-funding organizations
244 under specified circumstances; requiring the
245 department to include a specified plan in its report;
246 requiring the department to provide, by a specified
247 date, the report to the Governor and the Legislature;
248 providing for expiration; providing an effective date.
249
250 Be It Enacted by the Legislature of the State of Florida:
251
252 Section 1. Section 1011.687, Florida Statutes, is created
253 to read:
254 1011.687 Educational scholarship programs; categorical
255 fund.—
256 (1) There is created a categorical fund for implementing
257 the Family Empowerment Scholarship Program pursuant to s.
258 1002.394. These funds shall be in the amount provided in the
259 General Appropriations Act and any additional funds transferred
260 from the educational enrollment stabilization program pursuant
261 to s. 1011.689.
262 (2) Educational scholarship funding categorical funds shall
263 be used to award scholarships as required in s. 1002.394 and in
264 accordance with s. 1002.421. Funds shall be disbursed from this
265 fund based on the full-time equivalent scholarship students
266 forecasted or reported as participating in the program.
267 (3) A “full-time equivalent student” for a student
268 participating in a scholarship program under s. 1002.394 or s.
269 1002.395 means a student who receives all 10 scholarship
270 payments that are distributed on a monthly basis. A student who
271 receives fewer than 10 payments shall generate a fraction of
272 full-time equivalent student membership proportional to the
273 number of payments received.
274 (4) For the purposes of calculating a scholarship award
275 amount, a full-time equivalent student shall be based upon the
276 student’s county of residence and equal to the calculation
277 provided under s. 1002.421(5)(a).
278 (5) Contingent upon verification that the organization is
279 in compliance with this section and ss. 1002.421, 1002.394, and
280 1002.395, the department shall release funds from the
281 categorical fund on a quarterly basis to the organization. The
282 funds shall be held by the organization for deposit into the
283 students’ accounts in accordance with the payment schedules and
284 may not include any funding for scholarship awards for any time
285 preceding a student’s verified eligibility for or acceptance of
286 a scholarship.
287 (a) The first quarter release payment to the organization
288 shall be based upon the amount of full-time equivalent students
289 forecasted as provided in the General Appropriations Act and in
290 an amount sufficient to make scholarship payments through the
291 third payment installment. The first quarter release payment
292 must be released no later than July 30.
293 (b) The second quarter release payment to the organization
294 shall be based upon the amount of full-time equivalent students
295 cross-checked by the department pursuant to s. 1002.421(3) and
296 in an amount sufficient to make scholarship payments through the
297 fifth payment installment. The second quarter release payment
298 must be released no later than November 1.
299 (c) The third quarter release payment to the organization
300 shall be based upon the amount of full-time equivalent students
301 cross-checked by the department pursuant to s. 1002.421(3) and
302 in an amount sufficient to make scholarship payments through the
303 eighth payment installment. The third quarter release payment
304 must be released no later than January 1.
305 (d) The fourth quarter release payment to the organization
306 shall be based upon the amount of full-time equivalent students
307 cross-checked by the department pursuant to s. 1002.421(3) and
308 in an amount sufficient to make scholarship payments through the
309 tenth payment installment. The fourth quarter release payment
310 must be released no later than April 1.
311 (6) If the funds released to the organization are in excess
312 of the funds certified to the department by the organization as
313 the amount distributed for student scholarships in accordance
314 with scholarship program requirements, the organization must
315 send back to the department any overpayment within 30 days of
316 certification to the department. The department may not adjust
317 the amount of any overpayment in the second, third, or fourth
318 quarter payment release and must account for each payment back
319 from the organization separately.
320 (7) The department shall have access to the organization’s
321 data and records as necessary to conduct a reconciliation of
322 releases and overpayments to the organization.
323 Section 2. Section 1011.689, Florida Statutes, is created
324 to read:
325 1011.689 Educational enrollment stabilization program.—The
326 educational enrollment stabilization program is created to
327 provide supplemental state funds as needed to address changes in
328 full-time equivalent student enrollment throughout the school
329 year in both the Florida Education Finance Program and the
330 educational scholarship programs created pursuant to chapter
331 1002.
332 (1) SCHOOL DISTRICT STABILIZATION.—To maintain the
333 stability of the operations of public schools, including charter
334 schools, in each school district, the department:
335 (a) May use funds in either of the following ways:
336 1. To distribute to school districts if the state funds
337 appropriated for the current operation of school districts in
338 the Florida Education Finance Program are not sufficient to pay
339 the state requirement in full pursuant to s. 1011.62(15).
340 2. To provide supplemental payments to school districts as
341 needed. Any supplemental funds provided pursuant to this
342 subparagraph may not be added to the district’s total Florida
343 Education Finance Program funds for any future calculation.
344 (b) Shall use funds as appropriated to provide a
345 supplemental payment to school districts that have a decline in
346 unweighted full-time equivalent students between the legislative
347 calculation provided in the General Appropriations Act and the
348 third calculation of the Florida Education Finance Program
349 within the same year. The supplemental payment shall be computed
350 by multiplying a percentage of the decline in the unweighted
351 full-time equivalent students as determined by the Legislature
352 by the base student allocation and by the comparable wage factor
353 or the small district factor. The percentage used for districts
354 that are fiscally constrained must be greater than the
355 percentage used for non-fiscally constrained districts. The
356 supplemental funds may not be added to the district’s total
357 Florida Education Finance Program funds for any future
358 calculations.
359 (2) FAMILY EMPOWERMENT SCHOLARSHIP PROGRAM.—To maintain
360 scholarship award amounts, the department may use funds as
361 appropriated to ensure that funding is available if the number
362 of full-time equivalent students enrolled in the scholarship
363 program is greater than the amount appropriated in the General
364 Appropriations Act in the educational scholarship categorical
365 fund established under s. 1011.687.
366 (3) FLORIDA TAX CREDIT SCHOLARSHIP PROGRAM.—If available
367 funds in the Florida Tax Credit Scholarship Program are
368 insufficient to cover eligible applicants who are personalized
369 education program students, the department may use funds to
370 award scholarships to such eligible applicants up to the number
371 authorized in s. 1002.395.
372 (4) RELEASE OF FUNDS.—As part of the recalculation pursuant
373 to s. 1011.65, the department may request the release of funds
374 from the educational enrollment stabilization program subject to
375 the notice, review, and objection procedures set forth in s.
376 216.177.
377 (5) MINIMUM BALANCE.—The Legislature shall annually
378 appropriate funds in the General Appropriations Act to the
379 department for the educational enrollment stabilization program
380 in an amount necessary to maintain a projected minimum balance
381 of $250 million at the beginning of the upcoming fiscal year.
382 Notwithstanding s. 216.301 and pursuant to s. 216.351, the
383 unexpended balance of funds appropriated pursuant to this
384 subsection which is not disbursed by June 30 of the fiscal year
385 in which the funds are appropriated may be carried forward for
386 up to 10 years after the effective date of the original
387 appropriation.
388 Section 3. Section 1002.40, Florida Statutes, is amended to
389 read:
390 1002.40 The Hope Scholarship Program.—
391 (1) PURPOSE.—The Hope Scholarship Program is established to
392 provide the parent of a public school student who was subjected
393 to an incident listed in subsection (3) an opportunity to
394 transfer the student to another public school or to request a
395 scholarship for the student to enroll in and attend an eligible
396 private school.
397 (2) DEFINITIONS.—As used in this section, the term:
398 (a) “Parent” means a resident of this state who is a
399 parent, as defined in s. 1000.21, and whose student reported an
400 incident in accordance with subsection (4).
401 (b) “Program” means the Hope Scholarship Program.
402 (c) “School” means any educational program or activity
403 conducted by a public K-12 educational institution, any school
404 related or school-sponsored program or activity, and riding on a
405 school bus, as defined in s. 1006.25(1), including waiting at a
406 school bus stop.
407 (3) PROGRAM ELIGIBILITY.—A student enrolled in a Florida
408 public school in kindergarten through grade 12 is eligible for
409 the educational options described in subsection (4) if the
410 student reported an incident in accordance with that subsection.
411 For purposes of this section, the term “incident” means battery;
412 harassment; hazing; bullying; kidnapping; physical attack;
413 robbery; sexual offenses, harassment, assault, or battery;
414 threat or intimidation; or fighting at school, as defined by the
415 department in accordance with s. 1006.09(6).
416 (4) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—Upon
417 receipt of a report of an incident, the school principal, or his
418 or her designee, shall provide a copy of the report to the
419 parent and investigate the incident to determine if the incident
420 must be reported as required by s. 1006.09(6). Within 24 hours
421 after receipt of the report, the principal or his or her
422 designee shall provide a copy of the report to the parent of the
423 alleged offender and to the superintendent. Upon conclusion of
424 the investigation or within 15 days after the incident was
425 reported, whichever occurs first, the school district shall
426 notify the parent of the program, offer the parent an
427 opportunity to enroll his or her student in another public
428 school that has capacity, and notify the parent of their
429 eligibility to apply for a scholarship to attend an eligible
430 private school under ss. 1002.394 and 1002.395.
431 (5) RULES.—The State Board of Education shall adopt rules
432 to administer this section.
433 Section 4. Section 1002.421, Florida Statutes, is amended
434 to read:
435 1002.421 State school choice scholarship programs program
436 accountability and oversight.—
437 (1) DEFINITIONS.—As used in this section, s. 1002.394, and
438 s. 1002.395, the term:
439 (a) “Approved provider” means a provider approved by the
440 Agency for Persons with Disabilities, a health care practitioner
441 as defined in s. 456.001, or a provider approved by the
442 department pursuant to s. 1002.66.
443 (b) “Choice navigator” means an individual who meets the
444 requirements of s. 1002.395(6)(d)8. and who provides
445 consultations, at a mutually agreed upon location, on the
446 selection of, application for, and enrollment in educational
447 options addressing the academic needs of a student; curriculum
448 selection; and advice on career and postsecondary education
449 opportunities. However, this section does not authorize a choice
450 navigator to oversee or exercise control over the curricula or
451 academic programs of a personalized education program.
452 (c) “Curriculum” means a complete course of study for a
453 particular content area or grade level, including any required
454 supplemental materials and associated online instruction.
455 (d) “Disability” means, for a 3- or 4-year-old child or for
456 a student in kindergarten to grade 12, autism spectrum disorder
457 as defined in the Diagnostic and Statistical Manual of Mental
458 Disorders, Fifth Edition, published by the American Psychiatric
459 Association; cerebral palsy as defined in s. 393.063; Down
460 syndrome as defined in s. 393.063; an intellectual disability as
461 defined in s. 393.063; a speech impairment; a language
462 impairment; an orthopedic impairment; any other health
463 impairment; an emotional or a behavioral disability; a specific
464 learning disability, including, but not limited to, dyslexia,
465 dyscalculia, or developmental aphasia; Phelan-McDermid syndrome
466 as defined in s. 393.063; Prader-Willi syndrome as defined in s.
467 393.063; spina bifida as defined in s. 393.063; being a high
468 risk child as defined in s. 393.063(23)(a); muscular dystrophy;
469 Williams syndrome; rare diseases that affect patient populations
470 of fewer than 200,000 individuals in the United States, as
471 defined by the National Organization for Rare Disorders;
472 anaphylaxis; a hearing impairment, including deafness; a visual
473 impairment, including blindness; a traumatic brain injury; being
474 hospital-bound or homebound; or identification as dual sensory
475 impaired, as defined by rules of the State Board of Education
476 and evidenced by reports from local school districts. The term
477 “hospital-bound or homebound” includes a student who has a
478 medically diagnosed physical or psychiatric condition or
479 illness, as defined by the state board in rule, and who is
480 confined to the home or hospital for more than 6 months.
481 (e) “Eligible nonprofit scholarship-funding organization”
482 or “organization” means a state university or an independent
483 college or university that is eligible to participate in the
484 William L. Boyd, IV, Effective Access to Student Education Grant
485 Program; is located and chartered in this state; is not for
486 profit; is accredited by the Commission on Colleges of the
487 Southern Association of Colleges and Schools; or is a charitable
488 organization that:
489 1. Is exempt from federal income tax pursuant to s.
490 501(c)(3) of the Internal Revenue Code;
491 2. Is a Florida entity formed under chapter 605, chapter
492 607, or chapter 617 and whose principal office is located in
493 this state; and
494 3. Complies with s. 1002.395(6) and (13).
495 (f) “Eligible postsecondary educational institution” means
496 a Florida College System institution; a state university; a
497 school district technical center; a school district adult
498 general education center; an independent college or university
499 that is eligible to participate in the William L. Boyd, IV,
500 Effective Access to Student Education Grant Program under s.
501 1009.89; or an accredited independent postsecondary educational
502 institution as defined in s. 1005.02 which is licensed to
503 operate in this state under part III of chapter 1005 or is
504 approved to participate in a reciprocity agreement as defined in
505 s. 1000.35(2).
506 (g) “Eligible private school” means a private school as
507 defined in s. 1002.01 which is located in Florida and which
508 offers an education to students in any grades K-12 and meets the
509 requirements in this section.
510 (h) “Fraud” means an intentional deception, omission, or
511 misrepresentation made by a person with knowledge that the
512 deception, omission, or misrepresentation may result in an
513 unauthorized benefit to that person or another person, or any
514 aiding and abetting of the commission of such an act.
515 (i) “Household income” has the same meaning as the term
516 “income” as defined in the Income Eligibility Guidelines for
517 free and reduced price meals under the National School Lunch
518 Program in 7 C.F.R. part 210 as published in the Federal
519 Register by the United States Department of Agriculture.
520 (j) “IEP” means an individual education plan, regardless of
521 whether the plan has been reviewed or revised within the last 12
522 months.
523 (k) “Inactive” means that no eligible expenditures have
524 been made from an account.
525 (l) “Job coach” means an individual employed to help people
526 with disabilities learn, accommodate to, and perform their work
527 duties.
528 (m) “Law enforcement officer” has the same meaning as
529 provided in s. 943.10(1).
530 (n) “Owner or operator” includes:
531 1. An owner, a president, an officer, or a director of an
532 eligible nonprofit scholarship-funding organization or a person
533 with equivalent decisionmaking authority over an eligible
534 nonprofit scholarship-funding organization; or
535 2. An owner, an operator, a superintendent, or a principal
536 of an eligible private school or a person with equivalent
537 decisionmaking authority over an eligible private school.
538 (o) “Parent” means a resident of this state who is a parent
539 as defined in s. 1000.21.
540 (p) “Personalized education program” has the same meaning
541 as in s. 1002.01.
542 (q) “Personalized education student” means a student whose
543 parent applies to an eligible nonprofit scholarship-funding
544 organization for participation in a personalized education
545 program.
546 (r) “Renewal student” means a student who was eligible to
547 receive and received a payment for the last installment in the
548 school year immediately preceding the school year for which the
549 student is applying for a scholarship pursuant to this chapter.
550 (s) “Student learning plan” means a customized learning
551 plan developed by a parent at least annually to guide
552 instruction for his or her student and to identify the goods and
553 services needed to address the academic needs of his or her
554 student.
555 (2) SCHOLARSHIP APPLICATION PROCESS.—
556 (a) An eligible nonprofit scholarship-funding organization
557 must provide the parent with information on each scholarship
558 program established pursuant to this chapter which clearly
559 outlines the eligibility requirements and authorized uses of
560 funds for each program to enable the parent of a student to
561 determine which program best fits the needs of each student.
562 Specifically, for a student applying based on eligibility
563 pursuant to s. 1002.394(3)(b) or s. 1002.395, except for
564 students eligible pursuant to a personalized education program,
565 a participating private school must discuss the school’s
566 academic programs and policies, specialized services, code of
567 conduct, and attendance policies before enrollment with the
568 parent to determine which programs and services may meet the
569 student’s individual needs. Each parent of a student with an
570 individualized education plan, education plan, English language
571 learner plan, or 504 plan must be informed specifically of what
572 modifications, accommodations, and therapies included in the
573 student’s plan will be honored by the participating private
574 school.
575 (b) The organization must create a single application for
576 all educational scholarship programs established pursuant to
577 this chapter in a manner that creates an electronic record of
578 the application, which must include the date the application was
579 submitted, the date the application was approved or denied, and
580 the date the scholarship was accepted or declined. The
581 organization may not charge a fee for the application.
582 (c) For the 2026-2027 school year and each school year
583 thereafter, the organization must establish two application
584 approval windows each school year during which a parent of an
585 eligible student, including renewal students, may apply for and
586 accept an educational scholarship program pursuant to this
587 chapter, except for personalized education students, who may
588 only apply during the fall application approval window.
589 1. The application approval window for the fall scholarship
590 term must close no later than July 15. The fall scholarship term
591 covers the period between August 15 and December 31 of each
592 year. The fall application window may not begin any earlier than
593 February 1 of the preceding school year. A parent initially
594 applying for the fall term must affirmatively accept the
595 scholarship between June 15 and July 15.
596 2. The application approval window for the spring
597 scholarship term must close no later than November 15. The
598 spring scholarship term covers the period between January 1 and
599 May 31 of each year. A parent initially applying for the spring
600 term must affirmatively accept the scholarship between October
601 15 and November 15.
602 3. A failure to accept the scholarship between the
603 applicable approval window results in an automatic declination
604 of the scholarship.
605 4. A parent of a student who is provided funds during the
606 fall scholarship term does not need to reapply for the spring
607 scholarship term.
608 (d) An organization must review applications and award
609 scholarships using the following priorities:
610 1. An application for a student who is eligible pursuant to
611 s. 1002.394(3)(a) or s. 1002.395 and:
612 a. Whose household income level does not exceed 185 percent
613 of the federal poverty level or who is in foster care or out-of
614 home care; and then
615 b. Whose household income level exceeds 185 percent of the
616 federal poverty level but does not exceed 400 percent of the
617 federal poverty level.
618 2. An application for a student who is eligible and
619 received a scholarship during the previous school year.
620 3. An application for a student who was affected by the
621 disapproval of an organization’s participation by the department
622 pursuant to s. 1002.395 during the previous school year.
623
624 The organization must provide scholarships to newly eligible
625 students on a first-come, first-served basis unless the student
626 is seeking priority pursuant to this paragraph.
627 (e) A parent of a student who applies for and receives
628 scholarship funds initially for the spring scholarship term may
629 only receive 5 of the 10 payment installments for the school
630 year.
631 (f) A parent may not apply for multiple scholarships under
632 s. 1002.394 or s. 1002.395 for an individual student at the same
633 time. However, the organization may switch a student between
634 scholarships under s. 1002.394 or s. 1002.395 upon notification
635 and approval by the department.
636 (g) Notwithstanding the application deadlines, a student in
637 foster care or out-of-home care or who is a dependent child of a
638 member of the United States Armed Forces or who reported an
639 incident pursuant to s. 1002.40 may apply for a scholarship at
640 any time. Additionally, the Commissioner of Education may extend
641 an application window for any eligible group of students due to
642 extenuating circumstances that affect one or more regions of
643 this state. However, any student receiving a scholarship who
644 applies outside the application deadlines may only receive
645 payments prospectively.
646 (h) An organization may not restrict or reserve
647 scholarships for use at a particular eligible private school or
648 provide scholarships to a child of an owner or operator as
649 defined in subparagraph (1)(n)1. Additionally, the organization
650 must notify each parent of a scholarship applicant that
651 participation in the scholarship program does not guarantee
652 enrollment at an eligible private school.
653 (i) For the 2026-2027 school year, a parent who applies for
654 a scholarship by April 30, 2026, does not need to submit a new
655 application pursuant to the requirements of this section but
656 must, by the time the organization is required to send its
657 verified list to the department, provide the documentation
658 required for eligibility. However, a parent may withdraw his or
659 her application and reapply pursuant to the requirements of this
660 section. This paragraph expires January 1, 2027.
661
662 An eligible nonprofit scholarship-funding organization may not
663 further regulate, exercise control over, or require
664 documentation beyond the requirements of the scholarship
665 programs unless the regulation, control, or documentation is
666 necessary for participation in the program.
667 (3) ENROLLMENT VERIFICATION.—Upon receipt of an
668 application, the eligible nonprofit scholarship-funding
669 organization must verify each student’s eligibility. Each
670 student, including renewal students, must apply for a
671 scholarship each school year. An organization may not grant
672 multiyear scholarships in one approval process.
673 (a) To verify eligibility, the organization must request
674 all of the following information for each student, to be
675 included in the student’s file:
676 1. More than one form of proof of residency or proof that
677 the student is the dependent of an active duty member of the
678 United States Armed Forces who has received permanent change of
679 station orders to this state.
680 2. A copy of the student’s birth certificate or other
681 documentation as specified in s. 1003.21(4), the name on which
682 must be identical to the name provided on the student’s
683 application.
684 3. For a student who was enrolled in a public school prior
685 to participation in the scholarship program as determined by the
686 department, proof that the parent submitted the standard
687 withdrawal form to the public school where the student was
688 previously enrolled or, if the withdrawal occurred prior to the
689 creation of the standard withdrawal form, another form of proof
690 of withdrawal from the public school.
691 4. One of the following forms of documentation from the
692 parent attesting that while the student receives scholarship
693 payments, the student will be enrolled in and in compliance with
694 the applicable attendance requirements under ss. 1003.01(16) and
695 1003.21(1):
696 a. A copy of the notice of a parent’s intent to establish
697 and maintain a home education program pursuant to s. 1002.41;
698 b. A personalized education program and a copy of the
699 student learning plan that has been reviewed and verified by the
700 organization pursuant to s. 1002.395(7)(c); or
701 c. Documentation of admission or enrollment from a private
702 school for the school year in which the student is applying.
703 5. If known, the student’s Florida student identification
704 number if one has been assigned.
705 (b) In addition, if the student:
706 1. Is a renewal student, the organization must:
707 a. Request for each student the assessment results
708 necessary to verify compliance with subsection (7). The deadline
709 for a parent to submit the results is July 15.
710 b. Receive documentation from the parent attesting that the
711 student will continue to meet all eligibility requirements for
712 the scholarship.
713 c. Verify that all documents required for eligibility have
714 been received and are on file.
715 d. If the student lives out of state and is a dependent of
716 an active duty member of the United States Armed Forces, receive
717 documentation that the home of record or state of legal
718 residence is Florida.
719 2. Is seeking priority eligibility based upon household
720 income, the parent of the student must authorize the
721 organization to access information needed for income eligibility
722 determination and verification held by other state or federal
723 agencies, including the Department of Revenue, the Department of
724 Children and Families, the Department of Education, the
725 Department of Commerce, and the Agency for Health Care
726 Administration.
727 (c) An organization must send to the department a list of
728 eligible students and any information necessary for the
729 department to conduct the following cross-check reviews by:
730 1. August 1 for the fall scholarship term.
731 2. October 1 for the fall scholarship mid-term.
732 3. December 1 for the spring scholarship term.
733 4. March 1 for the spring scholarship mid-term.
734
735 For the spring scholarship term, the organization must submit
736 students initially applying for the scholarship during the
737 spring term, as well as all students who received a scholarship
738 payment within the fall term. Additionally, the organization
739 must update each list with any eligible student who applies
740 outside of the application deadlines pursuant to paragraph
741 (2)(g).
742 (d) The department must verify each student’s Florida
743 student identification number or, if a student has not been
744 assigned a Florida student identification number, assign each
745 eligible student a Florida student identification number. Once a
746 student is assigned a Florida student identification number, the
747 organization must use that number for the reporting and tracking
748 of all scholarship data.
749 (e) The department must cross-check each list of eligible
750 students submitted by the organization with the most recent
751 student attendance records maintained by the school districts
752 pursuant to s. 1003.23 to resolve student reporting duplication.
753 1. As part of each cross-check process, the department must
754 send a list of the eligible students submitted by the
755 organization to the applicable school district. The school
756 district must cross-check each student by identification number
757 with its most recent student attendance records and send the
758 results, including any duplicates, to the department. Pursuant
759 to s. 1002.44, a student receiving a scholarship under this
760 chapter who attends a public school on a part-time basis through
761 contracted services provided by the public school or school
762 district may not be reported by the school district for funding
763 purposes under the Florida Education Finance Program, and,
764 therefore, such students are not considered duplicates.
765 2. For any student reported as a duplicate by a school
766 district, the department must determine whether the student is
767 prohibited from receiving a scholarship award pursuant to s.
768 1002.394(6) or s. 1002.395(4). As part of the department’s
769 determination process, the department must require the
770 organization to suspend payments to the student’s account and
771 the use of funds in the student’s account related to any period
772 of time the student is ineligible.
773 3. The department, after making its determination, shall
774 notify the district if there is any student reported by the
775 district as a duplicate whom the district should not report for
776 funding in the student membership survey pursuant to s. 1011.62.
777 For the students the district does report, the district shall
778 receive the full funding generated in accordance with the
779 Florida Education Finance Program, regardless of whether the
780 student received a scholarship payment, subject to the audit
781 required under s. 1010.305.
782 (f) The department, after the list of eligible students has
783 been cross-checked and each student has been assigned a Florida
784 student identification number, shall send the list of verified
785 eligible students to the organization, which may then fund
786 students only based upon the department’s list of verified
787 eligible students. The department must notify an organization of
788 any of the organization’s identified students who were submitted
789 for a scholarship from another organization and which
790 organization the student shall receive funding from.
791 (g) After each cross-check, the department must provide the
792 list of verified eligible students submitted to the organization
793 and any information on duplicate students requested to the chair
794 of the Senate Appropriations Committee, the chair of the House
795 Budget Committee, and the Office of Policy and Budget within the
796 Executive Office of the Governor.
797 (4) PREPAYMENT VERIFICATION.—Prior to the disbursement of
798 each scholarship payment, the organization must verify the
799 student’s continued eligibility based upon the requirements of
800 the applicable student’s scholarship program.
801 (a) For scholarship programs that require private school
802 enrollment, the organization must verify that the student is
803 enrolled in and in attendance at a participating eligible
804 private school.
805 (b) Prior to the receipt of each scholarship payment, a
806 parent of the student must attest that the student is not
807 enrolled full-time in a public school and is enrolled in
808 attendance at, unless excused for illness or other good cause
809 one of the following:
810 1. A home education program;
811 2. A personalized education program; or
812 3. A private school.
813 (c) The parent of a student whose scholarship funds are
814 required under paragraph (6)(b) to be committed for tuition and
815 fees at a participating private school may authorize the private
816 school to provide the attestation required under paragraph (b)
817 on behalf of the parent by attesting that the student is
818 enrolled in and in attendance at the private school. The private
819 school and the organization must maintain records of the
820 parental authorization, and such authorization must be renewed
821 each school year. An improper attestation may be investigated as
822 fraud pursuant to subparagraph (10)(a)6., and the private school
823 may be liable to the state for payments made in violation of
824 this subsection and, if found liable, must reimburse the state
825 for funds improperly paid to the private school.
826 (d) The organization may not make any payment into a
827 student’s account prior to a parent’s acceptance of a
828 scholarship award, upon notification that the student is
829 enrolled in a public school unless the organization can verify
830 the student’s eligibility, or for any period of time prior to a
831 student’s eligibility is verified by the department. An
832 organization is liable to the state for payments made in
833 violation of this subsection and must reimburse the state for
834 funds that were improperly awarded which cannot be recovered.
835 (5) SCHOLARSHIP AWARD AMOUNTS AND PAYMENT SCHEDULE.—
836 (a) Beginning in the 2026-2027 school year, the calculated
837 scholarship program award amounts shall be the amounts provided
838 in the General Appropriations Act which are based upon the
839 amounts by basic program and program for exceptional students
840 under the Florida Education Finance Program. These amounts shall
841 be adjusted annually based upon the value of the percentage
842 change increase in per student funding at the state level for
843 public school districts as provided in the General
844 Appropriations Act.
845 1. The calculated scholarship amount for a student
846 determined eligible pursuant to s. 1002.394(3)(a) or s. 1002.395
847 shall be based upon the student’s current grade level and county
848 of residence.
849 2. The calculated scholarship amount for a student
850 determined eligible pursuant to s. 1002.394(3)(b) must be based
851 upon the student’s current grade level, exceptional student
852 program, and county of residence.
853 a. The calculated scholarship amount for a student who
854 received a Gardiner Scholarship pursuant to former s. 1002.385
855 in the 2020-2021 school year shall be the greater of the amount
856 calculated pursuant to this subsection or the amount the student
857 received for the 2020-2021 school year.
858 b. The calculated scholarship amount for a student who
859 received a John M. McKay Scholarship pursuant to former s.
860 1002.39 in the 2020-2021 school year shall be the greater of the
861 amount calculated pursuant to this subsection or the amount the
862 student received for the 2020-2021 school year.
863 (b) Beginning with the 2026-2027 school year, the
864 scholarship award shall be divided into 10 equal installments
865 and made in accordance with the prepayment verification process.
866 1. For a renewal student receiving a scholarship award
867 pursuant to s. 1002.394(3)(a) or s. 1002.395, and whose funds
868 are applied to tuition at an eligible private school that has
869 agreed to attest to the student’s attendance pursuant to
870 paragraph (4)(c), the organization may make the first payment no
871 earlier than August 15 and the second payment no earlier than
872 September 15.
873 2. For all other students receiving scholarship awards, the
874 organization may make the first payment no earlier than
875 September 15. The first payment pursuant to this subparagraph is
876 for two installments.
877 3. Each subsequent payment must be made no later than
878 October 15, November 15, December 15, January 15, February 15,
879 March 15, April 15, and May 15 of each school year in which the
880 scholarship is in force.
881 (6) SCHOLARSHIP ACCOUNTS.—The organization must establish
882 and maintain a separate scholarship account for each student
883 enrolled in a scholarship program. For each account, the
884 organization must maintain a record of accrued interest which is
885 retained in the student’s account. Accrued interest in the
886 student’s account is in addition to, and not part of, the
887 awarded funds. Program funds include both the awarded funds and
888 accrued interest and are available only for authorized program
889 expenditures.
890 (a) Payment of the scholarship by the organization shall be
891 by funds transfer, including, but not limited to, debit cards,
892 electronic payment cards, or any means of payment the department
893 deems commercially viable or cost-effective. A student’s
894 scholarship award may not be reduced to cover debit card or
895 electronic payment fees. Commodities or services related to the
896 development of such transfer system must be procured by
897 competitive solicitation unless purchased from a state term
898 contract pursuant to s. 287.056.
899 (b) For students eligible pursuant to s. 1002.394(3)(a) or
900 s. 1002.395, except for those students enrolled in a
901 personalized education program:
902 1. The organization must commit scholarship funds on behalf
903 of the student for tuition and fees that the parent must pay at
904 a participating private school before scholarship account funds
905 may be used for additional authorized uses under s.
906 1002.394(4)(a) or s. 1002.395(4)(d). A parent is responsible for
907 all eligible expenses in excess of the scholarship amount. An
908 organization shall ensure that the parent has approved a funds
909 transfer before any scholarship funds are deposited. The parent
910 may not designate any entity or individual associated with a
911 participating private school as the parent’s attorney in fact to
912 approve a funds transfer.
913 2. After funds have been committed pursuant to subparagraph
914 1., funds may be used as authorized in s. 1002.394(4)(a) and as
915 authorized in the organization’s purchasing handbook by paying
916 for the authorized use directly and then submitting a
917 reimbursement request to the organization. An organization may
918 require the use of an online platform for direct purchases of
919 products if such use does not limit a parent’s choice of
920 curriculum or academic programs. If a parent purchases a product
921 identical to one offered by an organization’s online platform
922 for a lower price, the organization must reimburse the parent
923 the cost of the product.
924 3. The initial payment shall be made after the
925 organization’s verification of admission acceptance, and
926 subsequent payments shall be made upon verification of continued
927 enrollment and attendance at a participating private school.
928 Payments for tuition and fees for full-time enrollment shall be
929 made within 7 business days after approval by the parent and the
930 private school.
931 4. If a student unenrolls from a participating private
932 school within 10 business days after enrolling in the private
933 school, the private school must return a proportional share of
934 the student’s scholarship payment to the organization.
935 5. An organization may not transfer any funds to an account
936 of a student which has a balance in excess of $24,000.
937 (c) For students eligible pursuant to s. 1002.394(3)(b):
938 1. The organization must verify qualifying educational
939 expenditures pursuant to the requirements of s. 1002.394(4)(b).
940 The organization must verify any expenditures made pursuant to
941 s. 1002.394(4)(b)1. and 2. before the distribution of funds.
942 Review of expenditures made for services specified in s.
943 1002.394(4)(b)3.-16. may be completed after the purchase is
944 made.
945 2. The organization must develop a process, for
946 implementation beginning in the 2026-2027 school year, that
947 provides the commitment of scholarship funds on behalf of the
948 student for tuition and fees that a parent must pay at the
949 Florida Virtual School as a private-pay student before
950 scholarship account funds may be used for additional authorized
951 uses under s. 1002.394(4)(b) or s. 1002.395(6)(d).
952 3. An organization may not transfer any funds to an account
953 of a student which has a balance in excess of $50,000.
954 (d) A parent of a student attending a public school on a
955 part-time basis through contracted services provided by a public
956 school or school district pursuant to s. 1002.44 must notify the
957 public school or school district in writing at the time of
958 application or at any subsequent time if the student is
959 receiving a scholarship. For such contracted services, the
960 public school may require the parent to pay for the contracted
961 services as authorized in ss. 1002.395(4)(a)6.,
962 1002.395(4)(b)8., and 1002.395(6)(d)4.f.
963 (e) A parent of a 3- or 4-year-old child receiving a
964 scholarship pursuant to s. 1002.394(3)(b) and receiving services
965 at a public school or school district must notify the public
966 school or school district in writing at the time of application
967 or at any subsequent time if the student is receiving a
968 scholarship.
969 (f) The parent of a student who fails to comply with this
970 subsection forfeits the scholarship. An organization must notify
971 the parent when a scholarship account is closed and when program
972 funds revert to the state or organization, as applicable.
973 (7) TESTING REQUIREMENTS.—A student participating in a
974 scholarship program in grades 3 through 10 may take the
975 nationally norm-referenced tests that are identified by the
976 department or take the statewide assessments pursuant to s.
977 1008.22. Students with disabilities for whom standardized
978 testing is not appropriate and who are granted an extraordinary
979 exemption from the administration of the assessment pursuant to
980 s. 1008.212 are exempt from this requirement.
981 (a) A participating private school must annually administer
982 or make provision for students participating in the program in
983 grades 3 through 10 to take one of the nationally norm
984 referenced tests or cooperate with a student whose parent
985 chooses to participate in the statewide assessments pursuant to
986 s. 1008.22. A parent must require his or her student
987 participating in the program to take the norm-referenced tests
988 offered by the participating private school. The parent may also
989 choose to have the student participate in the statewide
990 assessments pursuant to s. 1008.22.
991 (b)1. If the participating private school chooses to offer
992 and administer the statewide assessments pursuant to s. 1008.22
993 to all students who attend the private school in grades 3
994 through 10, it must submit a request in writing to the
995 department by March 1 of each year in order to administer the
996 statewide assessments in the subsequent school year. In turn,
997 upon the request of the department, a school district shall
998 coordinate with the department to provide to a participating
999 private school the statewide assessments and any related
1000 materials for administering the assessments.
1001 2. A school district is responsible for administering tests
1002 at a participating private school, including:
1003 a. Providing training for private school staff on test
1004 security and assessment administration procedures;
1005 b. Distributing testing materials to a private school;
1006 c. Retrieving testing materials from a private school;
1007 d. Providing the required format for a private school to
1008 submit information to the district for test administration and
1009 enrollment purposes; and
1010 e. Providing any required assistance, monitoring, or
1011 investigation related to administering tests and assessments at
1012 a private school.
1013 3. A participating private school shall report a student’s
1014 scores to his or her parent. By August 15 of each year, a
1015 participating private school must report the scores of all
1016 participating students to a state university as described in s.
1017 1002.395(9)(b)3.
1018 4. If a parent requests that the student participating in
1019 the program take statewide assessments pursuant to s. 1008.22
1020 and the participating private school has not chosen to offer and
1021 administer the statewide assessments, the district in which the
1022 participating private school is located must provide locations
1023 and times for the student to take the assessments. The parent is
1024 responsible for transporting the student to the assessment site
1025 designated by the school district.
1026 5. For students determined eligible pursuant to s.
1027 1002.395(7)(b), an organization must receive eligible student
1028 test scores, and beginning with the 2027-2028 school year, by
1029 August 15, annually report test scores for such students to a
1030 state university pursuant to s. 1002.395(9)(b)3.
1031 (8) BACKGROUND SCREENING REQUIREMENTS.—
1032 (a) Each owner or operator or an individual providing
1033 services under s. 1002.394(4)(b)4. or s. 1002.395(6)(d)4.
1034 through an organization’s online platform for direct purchase
1035 pursuant to subparagraph (6)(b)2., prior to employment or
1036 engagement to provide services, must undergo a background
1037 screening and meet the screening standards in s. 1012.315. All
1038 fingerprints submitted to the Department of Law Enforcement as
1039 required by this section must be retained in the Care Provider
1040 Background Screening Clearinghouse as provided in s. 435.12. The
1041 cost of the background screening may be borne by the owner or
1042 operator or service provider.
1043 1. Employees, contracted personnel, owners, and operators
1044 must be rescreened as required by s. 435.12.
1045 2. Employees, contracted personnel, owners, and operators
1046 who apply for employment are governed by the laws and rules in
1047 effect at the time of the application for employment, provided
1048 that the person is continually employed by the same school or
1049 provider. An owner or operator who fails the level 2 background
1050 screening is not eligible to participate in a scholarship
1051 program under this chapter.
1052 3. Service providers who have been screened under licensure
1053 requirements in chapter 402, or who are exempt from licensure,
1054 are not required to be rescreened under this section. The
1055 Department of Education and the Department of Children and
1056 Families must implement a process to electronically share
1057 background screening results for such service providers.
1058 4. In addition to the offenses listed in s. 435.04, a
1059 person required to undergo background screening pursuant to this
1060 section or authorizing statutes may not have an arrest awaiting
1061 final disposition for, must not have been found guilty of, or
1062 entered a plea of nolo contendere to, regardless of
1063 adjudication, and must not have been adjudicated delinquent for,
1064 and the record must not have been sealed or expunged for, any of
1065 the following offenses or any similar offense of another
1066 jurisdiction:
1067 a. Any authorizing statutes, if the offense was a felony.
1068 b. This chapter, if the offense was a felony.
1069 c. Section 409.920, relating to Medicaid provider fraud.
1070 d. Section 409.9201, relating to Medicaid fraud.
1071 e. Section 741.28, relating to domestic violence.
1072 f. Section 817.034, relating to fraudulent acts through
1073 mail, wire, radio, electromagnetic, photoelectronic, or
1074 photooptical systems.
1075 g. Section 817.234, relating to false and fraudulent
1076 insurance claims.
1077 h. Section 817.505, relating to patient brokering.
1078 i. Section 817.568, relating to criminal use of personal
1079 identification information.
1080 j. Section 817.60, relating to obtaining a credit card
1081 through fraudulent means.
1082 k. Section 817.61, relating to fraudulent use of credit
1083 cards, if the offense was a felony.
1084 l. Section 831.01, relating to forgery.
1085 m. Section 831.02, relating to uttering forged instruments.
1086 n. Section 831.07, relating to forging bank bills, checks,
1087 drafts, or promissory notes.
1088 o. Section 831.09, relating to uttering forged bank bills,
1089 checks, drafts, or promissory notes.
1090 p. Section 831.30, relating to fraud in obtaining medicinal
1091 drugs.
1092 q. Section 831.31, relating to the sale, manufacture,
1093 delivery, or possession with the intent to sell, manufacture, or
1094 deliver any counterfeit controlled substance, if the offense was
1095 a felony.
1096 5. At least 30 calendar days before a transfer of ownership
1097 of a private school, the owner or operator shall notify the
1098 parent of each scholarship student.
1099 6. The owner or operator of a private school that has been
1100 deemed ineligible to participate in a scholarship program
1101 pursuant to this chapter may not transfer ownership or
1102 management authority of the school to a relative in order to
1103 participate in a scholarship program as the same school or a new
1104 school. For purposes of this subparagraph, the term “relative”
1105 means father, mother, son, daughter, grandfather, grandmother,
1106 brother, sister, uncle, aunt, cousin, nephew, niece, husband,
1107 wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
1108 brother-in-law, sister-in-law, stepfather, stepmother, stepson,
1109 stepdaughter, stepbrother, stepsister, half brother, or half
1110 sister.
1111 (b) An organization must report the annual audit of
1112 background screening results required under this subsection to
1113 the department.
1114 (9) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
1115 school participating in an educational scholarship program
1116 established pursuant to this chapter may be sectarian or
1117 nonsectarian and must be a private school as defined in s.
1118 1002.01 in this state, be registered, and be in compliance with
1119 all requirements of this section in addition to private school
1120 requirements outlined in s. 1002.42, specific requirements
1121 identified within respective scholarship program laws, and other
1122 provisions of Florida law that apply to private schools.
1123 Additionally, a private school participating in an educational
1124 scholarship program pursuant to this chapter, and must:
1125 (a) Comply with the antidiscrimination provisions of 42
1126 U.S.C. s. 2000d.
1127 (b) Notify the department of its intent to participate in a
1128 scholarship program.
1129 (c) Notify the department of any change in the school’s
1130 name, school director, mailing address, or physical location
1131 within 15 days after the change.
1132 (d) Provide to the department or scholarship-funding
1133 organization all documentation required for a student’s
1134 participation or required by the organization to process a
1135 scholarship payment, including the private school’s and
1136 student’s individual fee schedule, and attendance verification
1137 as required by the department or scholarship-funding
1138 organization, prior to scholarship payment. Such information
1139 must be provided by the deadlines established by the
1140 organization and in accordance with the requirements of this
1141 section and ss. 1002.394 and 1002.395. A student is not eligible
1142 to receive a scholarship payment if the private school fails to
1143 meet the deadlines.
1144 (e) Annually complete and submit to the department a
1145 notarized scholarship compliance statement certifying that all
1146 school employees and contracted personnel with direct student
1147 contact have undergone background screening and have met the
1148 screening standards as provided in s. 1012.315.
1149 (f) Demonstrate fiscal soundness and accountability by:
1150 1. Being in operation for at least 3 school years or
1151 obtaining a surety bond or letter of credit for the amount equal
1152 to the scholarship funds for any quarter and filing the surety
1153 bond or letter of credit with the department.
1154 2. Requiring the parent of each scholarship student to
1155 personally restrictively endorse the scholarship warrant to the
1156 school or to approve a funds transfer before any funds are
1157 deposited for a student. The school may not act as attorney in
1158 fact for the parent of a scholarship student under the authority
1159 of a power of attorney executed by such parent, or under any
1160 other authority, to endorse a scholarship warrant or approve a
1161 funds transfer on behalf of such parent.
1162 (g) Meet applicable state and local health, safety, and
1163 welfare laws, codes, and rules, including:
1164 1. Firesafety.
1165 2. Building safety.
1166 (h) Employ or contract with teachers who hold baccalaureate
1167 or higher degrees, have at least 3 years of teaching experience
1168 in public or private schools, or have special skills, knowledge,
1169 or expertise that qualifies them to provide instruction in
1170 subjects taught.
1171 (i) Maintain a physical location in the state at which each
1172 student has regular and direct contact with teachers. Regular
1173 and direct contact with teachers may be satisfied for students
1174 enrolled pursuant to s. 1002.394(4)(b) or in a personalized
1175 education program if students have regular and direct contact
1176 with teachers at the physical location at least 2 school days
1177 per week and the student learning plan addresses the remaining
1178 instructional time.
1179 (j) Publish on the school’s website, or provide in a
1180 written format, information for parents regarding the school,
1181 including, but not limited to, programs, services, the
1182 qualifications of classroom teachers, and a statement that a
1183 parentally placed private school student with a disability does
1184 not have an individual right to receive some or all of the
1185 special education and related services that the student would
1186 receive if enrolled in a public school under the Individuals
1187 with Disabilities Education Act (IDEA), as amended.
1188 (k) At a minimum, provide the parent of each scholarship
1189 student with a written explanation of the student’s progress on
1190 a quarterly basis.
1191 (l) Cooperate with a student whose parent chooses to
1192 participate in the statewide assessments pursuant to s. 1008.22.
1193 (m) Require each employee and contracted personnel with
1194 direct student contact, upon employment or engagement to provide
1195 services, to undergo background screening under s. 1012.315 and
1196 deny employment to or terminate an employee if he or she fails
1197 to meet the screening standards under s. 1012.315. For purposes
1198 of this paragraph:
1199 1. An “employee or contracted personnel with direct student
1200 contact” means any employee or contracted personnel who has
1201 unsupervised access to a scholarship student for whom the
1202 private school is responsible.
1203 2. The costs of fingerprinting and the background check
1204 shall not be borne by the state.
1205 3. Continued employment of an employee or contracted
1206 personnel after notification that he or she has failed the
1207 background screening under this paragraph shall cause a private
1208 school to be ineligible for participation in a scholarship
1209 program.
1210 4. An employee or contracted personnel holding a valid
1211 Florida teaching certificate who has been fingerprinted pursuant
1212 to s. 1012.32 is not required to comply with the provisions of
1213 this paragraph.
1214 5. All fingerprints submitted to the Department of Law
1215 Enforcement as required by this section must be retained in the
1216 Care Provider Background Screening Clearinghouse as provided in
1217 s. 435.12.
1218 6. Employees, contracted personnel, owners, and operators
1219 must be rescreened as required by s. 435.12.
1220 7. Persons who apply for employment are governed by the
1221 laws and rules in effect at the time of application for
1222 employment, provided that the person is continually employed by
1223 the same school.
1224 (n) Adopt policies establishing standards of ethical
1225 conduct for educational support employees, instructional
1226 personnel, and school administrators. The policies must require
1227 all educational support employees, instructional personnel, and
1228 school administrators, as defined in s. 1012.01, to complete
1229 training on the standards; establish the duty of educational
1230 support employees, instructional personnel, and school
1231 administrators to report, and procedures for reporting, alleged
1232 misconduct by other educational support employees, instructional
1233 personnel, and school administrators which affects the health,
1234 safety, or welfare of a student; and include an explanation of
1235 the liability protections provided under ss. 39.203 and 768.095.
1236 A private school, or any of its employees, may not enter into a
1237 confidentiality agreement regarding terminated or dismissed
1238 educational support employees, instructional personnel, or
1239 school administrators, or employees, personnel, or
1240 administrators who resign in lieu of termination, based in whole
1241 or in part on misconduct that affects the health, safety, or
1242 welfare of a student, and may not provide the employees,
1243 personnel, or administrators with employment references or
1244 discuss the employees’, personnel’s, or administrators’
1245 performance with prospective employers in another educational
1246 setting, without disclosing the employees’, personnel’s, or
1247 administrators’ misconduct. Any part of an agreement or contract
1248 that has the purpose or effect of concealing misconduct by
1249 educational support employees, instructional personnel, or
1250 school administrators which affects the health, safety, or
1251 welfare of a student is void, is contrary to public policy, and
1252 may not be enforced.
1253 (o) Before employing a person in any position that requires
1254 direct contact with students, conduct employment history checks
1255 of previous employers, screen the person through use of the
1256 screening tools described in s. 1001.10(5), and document the
1257 findings. If unable to contact a previous employer, the private
1258 school must document efforts to contact the employer. The
1259 private school may not employ a person whose educator
1260 certificate is revoked, who is barred from reapplying for an
1261 educator certificate, or who is on the disqualification list
1262 maintained by the department pursuant to s. 1001.10(4)(b).
1263 (p) Require each owner or operator of the private school,
1264 prior to employment or engagement to provide services, to
1265 undergo background screening as provided in s. 1012.315. For
1266 purposes of this paragraph, the term “owner or operator” means
1267 an owner, an operator, a superintendent, or a principal of, or a
1268 person with equivalent decisionmaking authority over, a private
1269 school participating in a scholarship program established
1270 pursuant to this chapter. The fingerprints for the background
1271 screening must be electronically submitted to the Department of
1272 Law Enforcement and may be taken by an authorized law
1273 enforcement agency or a private company who is trained to take
1274 fingerprints. However, the complete set of fingerprints of an
1275 owner or operator may not be taken by the owner or operator. The
1276 cost of the background screening may be borne by the owner or
1277 operator.
1278 1. In addition to the offenses listed in s. 435.04, a
1279 person required to undergo background screening pursuant to this
1280 part or authorizing statutes may not have an arrest awaiting
1281 final disposition for, must not have been found guilty of, or
1282 entered a plea of nolo contendere to, regardless of
1283 adjudication, and must not have been adjudicated delinquent for,
1284 and the record must not have been sealed or expunged for, any of
1285 the following offenses or any similar offense of another
1286 jurisdiction:
1287 a. Any authorizing statutes, if the offense was a felony.
1288 b. This chapter, if the offense was a felony.
1289 c. Section 409.920, relating to Medicaid provider fraud.
1290 d. Section 409.9201, relating to Medicaid fraud.
1291 e. Section 741.28, relating to domestic violence.
1292 f. Section 817.034, relating to fraudulent acts through
1293 mail, wire, radio, electromagnetic, photoelectronic, or
1294 photooptical systems.
1295 g. Section 817.234, relating to false and fraudulent
1296 insurance claims.
1297 h. Section 817.505, relating to patient brokering.
1298 i. Section 817.568, relating to criminal use of personal
1299 identification information.
1300 j. Section 817.60, relating to obtaining a credit card
1301 through fraudulent means.
1302 k. Section 817.61, relating to fraudulent use of credit
1303 cards, if the offense was a felony.
1304 l. Section 831.01, relating to forgery.
1305 m. Section 831.02, relating to uttering forged instruments.
1306 n. Section 831.07, relating to forging bank bills, checks,
1307 drafts, or promissory notes.
1308 o. Section 831.09, relating to uttering forged bank bills,
1309 checks, drafts, or promissory notes.
1310 p. Section 831.30, relating to fraud in obtaining medicinal
1311 drugs.
1312 q. Section 831.31, relating to the sale, manufacture,
1313 delivery, or possession with the intent to sell, manufacture, or
1314 deliver any counterfeit controlled substance, if the offense was
1315 a felony.
1316 2. At least 30 calendar days before a transfer of ownership
1317 of a private school, the owner or operator shall notify the
1318 parent of each scholarship student.
1319 3. The owner or operator of a private school that has been
1320 deemed ineligible to participate in a scholarship program
1321 pursuant to this chapter may not transfer ownership or
1322 management authority of the school to a relative in order to
1323 participate in a scholarship program as the same school or a new
1324 school. For purposes of this subparagraph, the term “relative”
1325 means father, mother, son, daughter, grandfather, grandmother,
1326 brother, sister, uncle, aunt, cousin, nephew, niece, husband,
1327 wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
1328 brother-in-law, sister-in-law, stepfather, stepmother, stepson,
1329 stepdaughter, stepbrother, stepsister, half brother, or half
1330 sister.
1331 (p)(q) Provide a report from an independent certified
1332 public accountant who performs the agreed-upon procedures
1333 developed pursuant to s. 1002.395(6)(l) s. 1002.395(6)(q) if the
1334 private school receives more than $250,000 in funds from
1335 scholarships awarded under this chapter in a state fiscal year.
1336 A private school subject to this subsection must annually submit
1337 the report by September 15 to the scholarship-funding
1338 organization that awarded the majority of the school’s
1339 scholarship funds. The agreed-upon procedures must be conducted
1340 in accordance with attestation standards established by the
1341 American Institute of Certified Public Accountants.
1342 (q)(r) Prohibit education support employees, instructional
1343 personnel, and school administrators from employment in any
1344 position that requires direct contact with students if the
1345 personnel or administrators are ineligible for such employment
1346 pursuant to this section or s. 1012.315, or have been terminated
1347 or have resigned in lieu of termination for sexual misconduct
1348 with a student. If the prohibited conduct occurs subsequent to
1349 employment, the private school must report the person and the
1350 disqualifying circumstances to the department for inclusion on
1351 the disqualification list maintained pursuant to s.
1352 1001.10(4)(b).
1353 (r)(s) Not be owned or operated by a person or an entity
1354 domiciled in, owned by, or in any way controlled by a foreign
1355 country of concern or foreign principal as defined in s.
1356 288.860. A violation of this paragraph constitutes an imminent
1357 threat to the health, safety, and welfare of the school’s
1358 students and to the public, sufficient to justify immediate
1359 suspension of payment of scholarship funds under paragraph
1360 (11)(e) paragraph (3)(e), as well as denial, suspension, or
1361 revocation of a school’s participation in a scholarship program
1362 under paragraph (11)(b) paragraph (3)(b).
1363 (s) The inclusion of eligible private schools within
1364 options available to Florida public school students does not
1365 expand the regulatory authority of the state, its officers, or
1366 any school district to impose any additional regulation of
1367 private schools beyond that reasonably necessary to enforce
1368 requirements expressly set forth in this section.
1369
1370 The department shall suspend the payment of funds to a private
1371 school that knowingly fails to comply with this subsection or
1372 subsection (8), and shall prohibit the school from enrolling new
1373 scholarship students, for 1 fiscal year and until the school
1374 complies. If a private school fails to meet the requirements of
1375 this subsection or subsection (8) or has consecutive years of
1376 material exceptions listed in the report required under
1377 paragraph (p) (q), the commissioner may determine that the
1378 private school is ineligible to participate in a scholarship
1379 program.
1380 (10)(2) DEPARTMENT OF EDUCATION OBLIGATIONS.—
1381 (a) The Department of Education shall:
1382 1. Annually verify the eligibility of private schools that
1383 meet the requirements of this section, specific requirements
1384 identified within respective scholarship program laws, and other
1385 provisions of state law that apply to private schools.
1386 2. Establish a toll-free hotline that provides parents and
1387 private schools with information on participation in the
1388 scholarship programs.
1389 3. Publish and update, as necessary, information on the
1390 department website about the educational scholarship programs
1391 established under this chapter, including, but not limited to,
1392 student eligibility criteria, parental responsibilities, and
1393 relevant data. The information must include a list of approved
1394 providers as required by s. 1002.66, eligible postsecondary
1395 educational institutions, eligible private schools, and eligible
1396 organizations and may identify or provide links to lists of
1397 other approved providers.
1398 4. Establish a process by which individuals may notify the
1399 department of any violation by a parent, private school, or
1400 school district of state laws relating to program participation.
1401 If the department has reasonable cause to believe that a
1402 violation of this section or any rule adopted by the State Board
1403 of Education has occurred, it shall conduct an inquiry or make a
1404 referral to the appropriate agency for an investigation. A
1405 department inquiry is not subject to the requirements of chapter
1406 120.
1407 5. Investigate any written complaint of a violation of this
1408 section by a parent, a student, a participating private school,
1409 a public school, a school district, an organization, a provider,
1410 or another appropriate party in accordance with the process
1411 established under s. 1002.421.
1412 6. Investigate fraudulent activity on behalf of
1413 organizations, participating eligible private schools, or
1414 scholarship recipients to determine possible fraud or
1415 overpayment. If, by the department’s own inquiries or as a
1416 result of a complaint, the commissioner has reason to believe
1417 that an organization, a private school, or a recipient has
1418 engaged in, or is engaging in, a fraudulent act, he or she shall
1419 investigate and determine whether any fraud or overpayment has
1420 occurred. During the investigation, the department may examine
1421 all records and make inquiry of all persons who may have
1422 knowledge as to any irregularity incidental to the disbursement
1423 of state funds or other items or benefit authorizations to
1424 scholarship recipients. Based on the results of the
1425 investigation, the department may, in its discretion, refer the
1426 investigation to the Department of Financial Services for
1427 criminal investigation. Any suspected criminal violation
1428 identified by the department must be referred to the Department
1429 of Financial Services for criminal investigation. A person who
1430 commits an act of fraud is subject to the penalties provided in
1431 s. 414.39(5).
1432 7.4. Require an annual, notarized, sworn compliance
1433 statement from participating private schools certifying
1434 compliance with state laws, and retain such records.
1435 8.5. Coordinate with the entities conducting the health
1436 inspection for a private school to obtain copies of the
1437 inspection reports.
1438 9.6. Conduct site visits to private schools entering a
1439 scholarship program for the first time. Beginning with the 2019
1440 2020 school year, a private school is not eligible to receive
1441 scholarship payments until a satisfactory site visit has been
1442 conducted and the school is in compliance with all other
1443 requirements of this section.
1444 10.7. Coordinate with the State Fire Marshal to obtain
1445 access to fire inspection reports for private schools. The
1446 authority conducting the fire safety inspection shall certify to
1447 the State Fire Marshal that the annual inspection has been
1448 completed and that the school is in full compliance. The
1449 certification shall be made electronically or by such other
1450 means as directed by the State Fire Marshal.
1451 11.8. Upon the request of a participating private school
1452 authorized to administer statewide assessments, provide at no
1453 cost to the school the statewide assessments administered under
1454 s. 1008.22 and any related materials for administering the
1455 assessments. Students at a private school may be assessed using
1456 the statewide assessments if the addition of those students and
1457 the school does not cause the state to exceed its contractual
1458 caps for the number of students tested and the number of testing
1459 sites. The state shall provide the same materials and support to
1460 a private school that it provides to a public school. A private
1461 school that chooses to administer statewide assessments under s.
1462 1008.22 shall follow the requirements set forth in ss. 1008.22
1463 and 1008.24, rules adopted by the State Board of Education to
1464 implement those sections, and district-level testing policies
1465 established by the district school board.
1466 12. Maintain and annually publish a list of nationally
1467 norm-referenced tests identified for purposes of satisfying the
1468 testing requirements in subsection (7). The tests must meet
1469 industry standards of quality in accordance with state board
1470 rule.
1471 13. Develop a standard withdrawal form for parents who are
1472 withdrawing their students from public school to enroll in a
1473 scholarship program under this chapter. The form must include
1474 the student’s Florida student identification number, full name,
1475 date of birth, school or program from which the student is
1476 withdrawing, and date of withdrawal.
1477 14. Annually report on the number of students withdrawing
1478 from each scholarship program and enrolling in a public school,
1479 and the number of students withdrawing from a public school and
1480 enrolling in a scholarship program, by scholarship type.
1481 (b) The department may conduct site visits to any private
1482 school participating in a scholarship program pursuant to this
1483 chapter that has received a complaint about a violation of state
1484 law or state board rule pursuant to subparagraph (a)3. or has
1485 received a notice of noncompliance or a notice of proposed
1486 action within the previous 2 years.
1487 (c) At the direction of the Commissioner of Education, the
1488 department may:
1489 1. Suspend or revoke program participation or use of
1490 program funds by the student or participation or eligibility of
1491 an organization, eligible postsecondary educational institution,
1492 approved provider, or other party for a violation of this
1493 section.
1494 2. Determine the length of, and conditions for lifting, a
1495 suspension or revocation specified in this paragraph.
1496 3. Recover unexpended program funds or withhold payment of
1497 an equal amount of program funds to recover program funds that
1498 were not authorized for use.
1499
1500 In determining whether to suspend or revoke participation or
1501 lift a suspension or revocation in accordance with this
1502 paragraph, the department may consider factors that include, but
1503 are not limited to, acts or omissions that led to a previous
1504 suspension or revocation of participation in a state or federal
1505 program or an education scholarship program; failure to
1506 reimburse the organization for funds improperly received or
1507 retained; failure to reimburse government funds improperly
1508 received or retained; imposition of a prior criminal sanction
1509 related to the person or entity or its officers or employees;
1510 imposition of a civil fine or administrative fine, license
1511 revocation or suspension, or program eligibility suspension,
1512 termination, or revocation related to a person’s or entity’s
1513 management or operation; or other types of criminal proceedings
1514 in which the person or entity or its officers or employees were
1515 found guilty of, regardless of adjudication, or entered a plea
1516 of nolo contendere or guilty to, any offense involving fraud,
1517 deceit, dishonesty, or moral turpitude.
1518 (d) The department, in consultation with the organization,
1519 shall develop a uniform reimbursement process that organizations
1520 must use, beginning with the 2026-2027 school year, when
1521 processing reimbursement requests, including invoices, pursuant
1522 to s. 1002.394(11)(b) or s. 1002.395(6)(p). An organization must
1523 approve, deny, or request more information relating to a
1524 reimbursement request within 30 days after receipt of such
1525 request. The department shall coordinate with each organization
1526 to develop a process to collect input and feedback from parents,
1527 private schools, and providers before an organization may
1528 implement substantial modifications or enhancements to the
1529 reimbursement process.
1530 (e) Annually, by December 15, the department shall report
1531 to the Governor, the President of the Senate, and the Speaker of
1532 the House of Representatives its actions in implementing
1533 accountability in the scholarship programs under this section,
1534 both Florida Empowerment Scholarships and Florida Tax Credit
1535 Scholarships, any substantiated allegations or violations of law
1536 or rule by an eligible private school or organization under this
1537 section, and the corrective action taken.
1538 (11)(3) COMMISSIONER OF EDUCATION AUTHORITY AND
1539 OBLIGATIONS.—The Commissioner of Education:
1540 (a) Shall deny, suspend, or revoke a private school’s
1541 participation in a scholarship program if it is determined that
1542 the private school has failed to comply with this section or
1543 exhibits a previous pattern of failure to comply. However, if
1544 the noncompliance is correctable within a reasonable amount of
1545 time, not to exceed 45 days, and if the health, safety, or
1546 welfare of the students is not threatened, the commissioner may
1547 issue a notice of noncompliance which provides the private
1548 school with a timeframe within which to provide evidence of
1549 compliance before taking action to suspend or revoke the private
1550 school’s participation in the scholarship program.
1551 (b) May deny, suspend, or revoke a private school’s
1552 participation in a scholarship program if the commissioner
1553 determines that an owner or operator of the private school is
1554 operating or has operated an educational institution in this
1555 state or in another state or jurisdiction in a manner contrary
1556 to the health, safety, or welfare of the public or if the owner
1557 or operator has exhibited a previous pattern of failure to
1558 comply with this section or specific requirements identified
1559 within respective scholarship program laws. For purposes of this
1560 subsection, the term “owner or operator” has the same meaning as
1561 provided in paragraph (1)(p).
1562 (c) May permanently deny or revoke the authority of an
1563 owner, officer, or director to establish or operate a private
1564 school in the state and include such individual on the
1565 disqualification list maintained by the department pursuant to
1566 s. 1001.10(4)(b) if the commissioner decides that the owner,
1567 officer, or director:
1568 1. Is operating or has operated an educational institution
1569 in the state or another state or jurisdiction in a manner
1570 contrary to the health, safety, or welfare of the public; or
1571 2. Has operated an educational institution that closed
1572 during the school year. An individual may be removed from the
1573 disqualification list if the individual reimburses the
1574 department or eligible nonprofit scholarship-funding
1575 organization the amount of scholarship funds received by the
1576 educational institution during the school year in which it
1577 closed.
1578 (d)1. In making such a determination, may consider factors
1579 that include, but are not limited to, acts or omissions by an
1580 owner or operator which led to a previous denial, suspension, or
1581 revocation of participation in a state or federal education
1582 scholarship program; an owner’s or operator’s failure to
1583 reimburse the department or scholarship-funding organization for
1584 scholarship funds improperly received or retained by a school;
1585 the imposition of a prior criminal sanction related to an
1586 owner’s or operator’s management or operation of an educational
1587 institution; the imposition of a civil fine or administrative
1588 fine, license revocation or suspension, or program eligibility
1589 suspension, termination, or revocation related to an owner’s or
1590 operator’s management or operation of an educational
1591 institution; or other types of criminal proceedings in which an
1592 owner or operator was found guilty of, regardless of
1593 adjudication, or entered a plea of nolo contendere or guilty to,
1594 any offense involving fraud, deceit, dishonesty, or moral
1595 turpitude.
1596 2. The commissioner’s determination is subject to the
1597 following:
1598 a. If the commissioner intends to deny, suspend, or revoke
1599 a private school’s participation in the scholarship program, the
1600 department shall notify the private school of such proposed
1601 action in writing by certified mail and regular mail to the
1602 private school’s address of record with the department. The
1603 notification shall include the reasons for the proposed action
1604 and notice of the timelines and procedures set forth in this
1605 paragraph.
1606 b. The private school that is adversely affected by the
1607 proposed action shall have 15 days after receipt of the notice
1608 of proposed action to file with the department’s agency clerk a
1609 request for a proceeding pursuant to ss. 120.569 and 120.57. If
1610 the private school is entitled to a hearing under s. 120.57(1),
1611 the department shall forward the request to the Division of
1612 Administrative Hearings.
1613 c. Upon receipt of a request referred pursuant to this
1614 subparagraph, the director of the Division of Administrative
1615 Hearings shall expedite the hearing and assign an administrative
1616 law judge who shall commence a hearing within 30 days after the
1617 receipt of the formal written request by the division and enter
1618 a recommended order within 30 days after the hearing or within
1619 30 days after receipt of the hearing transcript, whichever is
1620 later. Each party shall be allowed 10 days in which to submit
1621 written exceptions to the recommended order. A final order shall
1622 be entered by the agency within 30 days after the entry of a
1623 recommended order. The provisions of this sub-subparagraph may
1624 be waived upon stipulation by all parties.
1625 (e) May immediately suspend payment of scholarship funds if
1626 it is determined that there is probable cause to believe that
1627 there is:
1628 1. An imminent threat to the health, safety, or welfare of
1629 the students;
1630 2. A previous pattern of failure to comply with this
1631 section; or
1632 3. Fraudulent activity on the part of the private school;
1633 4. Fraudulent activity or failure to comply with this
1634 section on the part of an organization; or
1635 5. Fraudulent activity or failure to comply with this
1636 section on the part of a scholarship recipient.
1637
1638 Notwithstanding s. 1002.22, in incidents of alleged fraudulent
1639 activity pursuant to this section, the department’s Office of
1640 Inspector General is authorized to release personally
1641 identifiable records or reports of students to the following
1642 persons or organizations:
1643 a. A court of competent jurisdiction in compliance with an
1644 order of that court or the attorney of record in accordance with
1645 a lawfully issued subpoena, consistent with the Family
1646 Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
1647 b. A person or entity authorized by a court of competent
1648 jurisdiction in compliance with an order of that court or the
1649 attorney of record pursuant to a lawfully issued subpoena,
1650 consistent with the Family Educational Rights and Privacy Act,
1651 20 U.S.C. s. 1232g.
1652 c. Any person, entity, or authority issuing a subpoena for
1653 law enforcement purposes when the court or other issuing agency
1654 has ordered that the existence or the contents of the subpoena
1655 or the information furnished in response to the subpoena not be
1656 disclosed, consistent with the Family Educational Rights and
1657 Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
1658
1659 The commissioner’s order suspending payment pursuant to this
1660 paragraph may be appealed pursuant to the same procedures and
1661 timelines as the notice of proposed action set forth in
1662 subparagraph (d)2.
1663 (12) SCHOOL DISTRICT OBLIGATIONS.—
1664 (a) By January 1 of each year, a school district shall
1665 inform all households within the district receiving free or
1666 reduced-priced meals under the National School Lunch Act of
1667 their eligibility to apply for a scholarship program established
1668 under this chapter. The form of such notice shall be provided by
1669 the department, and the school district shall include the
1670 provided form in any normal correspondence with eligible
1671 households. If an organization requests a special communication
1672 to be issued to households within the district receiving free or
1673 reduced-price meals under the National School Lunch Act, the
1674 organization shall reimburse the district for the cost of
1675 postage. Such notice is limited to once a year.
1676 (b) Upon the request of the department, a school district
1677 shall coordinate with the department to provide to a
1678 participating private school the statewide assessments
1679 administered under s. 1008.22 and any related materials for
1680 administering the assessments. For a student participating in a
1681 scholarship program established under this chapter whose parent
1682 requests that the student take the statewide assessments under
1683 s. 1008.22, the district in which the student attends a
1684 participating private school shall provide locations and times
1685 to take all statewide assessments. A school district is
1686 responsible for implementing test administrations at a
1687 participating private school, including:
1688 1. Providing training for private school staff on test
1689 security and assessment administration procedures;
1690 2. Distributing testing materials to a private school;
1691 3. Retrieving testing materials from a private school;
1692 4. Providing the required format for a private school to
1693 submit information to the district for test administration and
1694 enrollment purposes; and
1695 5. Providing any required assistance, monitoring, or
1696 investigation at a private school.
1697 (c) Each school district must publish information about a
1698 scholarship program established under this chapter on the
1699 district’s website homepage. At a minimum, the published
1700 information must include a website link to the scholarship
1701 programs published on the department’s website as well as a
1702 telephone number and e-mail address that students and parents
1703 may use to contact relevant personnel in the school district to
1704 obtain information about the scholarship.
1705 (d) A school district, upon the request of a parent, must
1706 provide the parent of a student enrolled in a school in the
1707 school district the standard withdrawal form developed by the
1708 department. The school district must sign a completed form
1709 within 10 days after receipt. The school district must also
1710 publish the withdrawal form on its website in a downloadable
1711 format no later than 10 days after adoption by the department.
1712 (4) The inclusion of eligible private schools within
1713 options available to Florida public school students does not
1714 expand the regulatory authority of the state, its officers, or
1715 any school district to impose any additional regulation of
1716 private schools beyond those reasonably necessary to enforce
1717 requirements expressly set forth in this section.
1718 (13)(5) RULEMAKING.—The State Board of Education shall
1719 adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
1720 this section, including rules to establish a deadline for
1721 private school applications for participation and timelines for
1722 the department to conduct site visits.
1723 Section 5. Subsections (2) through (12) of section
1724 1002.394, Florida Statutes, are amended to read:
1725 1002.394 The Family Empowerment Scholarship Program.—
1726 (2) DEFINITIONS.—As used in this section, the term:
1727 (a) “Approved provider” means a provider approved by the
1728 Agency for Persons with Disabilities, a health care practitioner
1729 as defined in s. 456.001, or a provider approved by the
1730 department pursuant to s. 1002.66.
1731 (b) “Choice navigator” has the same meaning as in s.
1732 1002.395(2).
1733 (c) “Curriculum” means a complete course of study for a
1734 particular content area or grade level, including any required
1735 supplemental materials and associated online instruction.
1736 (d) “Department” means the Department of Education.
1737 (e) “Disability” means, for a 3- or 4-year-old child or for
1738 a student in kindergarten to grade 12, autism spectrum disorder,
1739 as defined in the Diagnostic and Statistical Manual of Mental
1740 Disorders, Fifth Edition, published by the American Psychiatric
1741 Association; cerebral palsy, as defined in s. 393.063; Down
1742 syndrome, as defined in s. 393.063; an intellectual disability,
1743 as defined in s. 393.063; a speech impairment; a language
1744 impairment; an orthopedic impairment; any other health
1745 impairment; an emotional or a behavioral disability; a specific
1746 learning disability, including, but not limited to, dyslexia,
1747 dyscalculia, or developmental aphasia; Phelan-McDermid syndrome,
1748 as defined in s. 393.063; Prader-Willi syndrome, as defined in
1749 s. 393.063; spina bifida, as defined in s. 393.063; being a
1750 high-risk child, as defined in s. 393.063(23)(a); muscular
1751 dystrophy; Williams syndrome; rare diseases which affect patient
1752 populations of fewer than 200,000 individuals in the United
1753 States, as defined by the National Organization for Rare
1754 Disorders; anaphylaxis; a hearing impairment, including
1755 deafness; a visual impairment, including blindness; traumatic
1756 brain injury; hospital or homebound; or identification as dual
1757 sensory impaired, as defined by rules of the State Board of
1758 Education and evidenced by reports from local school districts.
1759 The term “hospital or homebound” includes a student who has a
1760 medically diagnosed physical or psychiatric condition or
1761 illness, as defined by the state board in rule, and who is
1762 confined to the home or hospital for more than 6 months.
1763 (f) “Eligible nonprofit scholarship-funding organization”
1764 or “organization” has the same meaning as in s. 1002.395(2).
1765 (g) “Eligible postsecondary educational institution” means
1766 a Florida College System institution; a state university; a
1767 school district technical center; a school district adult
1768 general education center; an independent college or university
1769 that is eligible to participate in the William L. Boyd, IV,
1770 Effective Access to Student Education Grant Program under s.
1771 1009.89; or an accredited independent postsecondary educational
1772 institution, as defined in s. 1005.02, which is licensed to
1773 operate in this state under part III of chapter 1005 or is
1774 approved to participate in a reciprocity agreement as defined in
1775 s. 1000.35(2).
1776 (h) “Eligible private school” has the same meaning as in s.
1777 1002.395(2).
1778 (i) “IEP” means an individual education plan, regardless of
1779 whether the plan has been reviewed or revised within the last 12
1780 months.
1781 (j) “Inactive” means that no eligible expenditures have
1782 been made from an account funded pursuant to paragraph (12)(b).
1783 (k) “Job coach” means an individual employed to help people
1784 with disabilities learn, accommodate to, and perform their work
1785 duties.
1786 (l) “Law enforcement officer” has the same meaning as
1787 provided in s. 943.10(1).
1788 (m) “Parent” means a resident of this state who is a
1789 parent, as defined in s. 1000.21.
1790 (b)(n) “Program” means the Family Empowerment Scholarship
1791 Program.
1792 (3) SCHOLARSHIP ELIGIBILITY.—
1793 (a)1. A parent of a student may apply pursuant to s.
1794 1002.421 for and receive from the state a scholarship for the
1795 purposes specified in paragraph (4)(a) if the student:
1796 1.a. Is a resident of this state or the dependent child of
1797 an active duty member of the United States Armed Forces who has
1798 received permanent change of station orders to this state; and
1799 2.b. Is eligible to enroll in kindergarten through grade 12
1800 in a public school in this state or received a scholarship under
1801 the former Hope Scholarship Program in the 2023-2024 school
1802 year.
1803 2. Priority must be given in the following order:
1804 a. A student whose household income level does not exceed
1805 185 percent of the federal poverty level or who is in foster
1806 care or out-of-home care.
1807 b. A student whose household income level exceeds 185
1808 percent of the federal poverty level, but does not exceed 400
1809 percent of the federal poverty level.
1810 (b) A parent of a student with a disability may apply
1811 pursuant to s. 1002.421 for and receive from the state a
1812 scholarship, which shall be referred to as the McKay-Gardiner
1813 Scholarship, for the purposes specified in paragraph (4)(b) if
1814 the student:
1815 1. Is a resident of this state or the dependent child of an
1816 active duty member of the United States Armed Forces who has
1817 received permanent change of station orders to this state or, at
1818 the time of renewal, whose home of record or state of legal
1819 residence is Florida;
1820 2. Is 3 or 4 years of age during the year in which the
1821 student applies for program participation or is eligible to
1822 enroll in kindergarten through grade 12 in a public school in
1823 this state;
1824 3. Has a disability as defined in subsection (2); and
1825 4. Is the subject of an IEP written in accordance with
1826 rules of the State Board of Education or with the applicable
1827 rules of another state or has received a diagnosis of a
1828 disability from a physician who is licensed under chapter 458 or
1829 chapter 459, a psychologist who is licensed under chapter 490,
1830 or a physician who holds an active license issued by another
1831 state or territory of the United States, the District of
1832 Columbia, or the Commonwealth of Puerto Rico.
1833 (4) AUTHORIZED USES OF PROGRAM FUNDS.—
1834 (a) Program funds awarded to a student determined eligible
1835 pursuant to paragraph (3)(a) may be used for:
1836 1. Tuition and fees at an eligible private school.
1837 2. Instructional materials, including digital materials,
1838 digital devices, and Internet resources.
1839 3. Curriculum as defined in subsection (2).
1840 4. Tuition and fees associated with full-time or part-time
1841 enrollment in an eligible postsecondary educational institution
1842 or a program offered by the postsecondary educational
1843 institution, unless the program is subject to s. 1009.25 or
1844 reimbursed pursuant to s. 1009.30; an approved preapprenticeship
1845 program as defined in s. 446.021(5) which is not subject to s.
1846 1009.25 and complies with all applicable requirements of the
1847 department pursuant to chapter 1005; a private tutoring program
1848 authorized under s. 1002.43; a virtual program offered by a
1849 department-approved private online provider that meets the
1850 provider qualifications specified in s. 1002.45(2)(a); the
1851 Florida Virtual School as a private paying student; or an
1852 approved online course offered pursuant to s. 1003.499 or s.
1853 1004.0961.
1854 5. Fees for nationally standardized, norm-referenced
1855 achievement tests, Advanced Placement Examinations, industry
1856 certification examinations, assessments related to postsecondary
1857 education, or other assessments.
1858 6. Contracted services provided by a public school or
1859 school district, including classes. A student who receives
1860 contracted services under this subparagraph is not considered
1861 enrolled in a public school for eligibility purposes as
1862 specified in subsection (6) but rather attending a public school
1863 on a part-time basis as authorized under s. 1002.44.
1864 7. Tuition and fees for part-time tutoring services or fees
1865 for services provided by a choice navigator. Such services must
1866 be provided by a person who holds a valid Florida educator’s
1867 certificate pursuant to s. 1012.56, a person who holds an
1868 adjunct teaching certificate pursuant to s. 1012.57, a person
1869 who has a bachelor’s degree or a graduate degree in the subject
1870 area or related subject area in which instruction is given, a
1871 person who has demonstrated a mastery of subject area knowledge
1872 pursuant to s. 1012.56(5), or a person certified by a nationally
1873 or internationally recognized research-based training program as
1874 approved by the department. As used in this subparagraph, the
1875 term “part-time tutoring services” does not qualify as regular
1876 school attendance as defined in s. 1003.01(16)(e).
1877 8. Membership dues and related activity fees for
1878 participation in career and technical student organizations.
1879 (b) Program funds awarded to a student with a disability
1880 determined eligible pursuant to paragraph (3)(b) may be used for
1881 the following purposes:
1882 1. Instructional materials, including digital devices,
1883 digital periphery devices, and assistive technology devices that
1884 allow a student to access instruction or instructional content
1885 and training on the use of and maintenance agreements for these
1886 devices.
1887 2. Curriculum as defined in subsection (2).
1888 3. Specialized services by approved providers or by a
1889 hospital in this state which are selected by the parent. These
1890 specialized services may include, but are not limited to:
1891 a. Applied behavior analysis services as provided in ss.
1892 627.6686 and 641.31098.
1893 b. Services provided by speech-language pathologists as
1894 defined in s. 468.1125(8).
1895 c. Occupational therapy as defined in s. 468.203.
1896 d. Services provided by physical therapists as defined in
1897 s. 486.021(8).
1898 e. Services provided by listening and spoken language
1899 specialists and an appropriate acoustical environment for a
1900 child who has a hearing impairment, including deafness, and who
1901 has received an implant or assistive hearing device.
1902 4. Tuition and fees associated with full-time or part-time
1903 enrollment in a home education program that meets all of the
1904 following requirements:
1905 a. Provides educational courses or activities.
1906 b. Has a publicly available description of courses and
1907 activities.
1908 c. Has a tuition and fee schedule.
1909 d. Makes the tuition and fees payable to a registered
1910 business entity.
1911 5. Tuition and fees associated with full-time or part-time
1912 enrollment in; an eligible private school; an eligible
1913 postsecondary educational institution or a program offered by
1914 the postsecondary educational institution, unless the program is
1915 subject to s. 1009.25 or reimbursed pursuant to s. 1009.30; an
1916 approved preapprenticeship program as defined in s. 446.021(5)
1917 which is not subject to s. 1009.25 and complies with all
1918 applicable requirements of the department pursuant to chapter
1919 1005; a private tutoring program authorized under s. 1002.43; a
1920 virtual program offered by a department-approved private online
1921 provider that meets the provider qualifications specified in s.
1922 1002.45(2)(a); the Florida Virtual School as a private paying
1923 student; or an approved online course offered pursuant to s.
1924 1003.499 or s. 1004.0961.
1925 6.5. Fees for nationally standardized, norm-referenced
1926 achievement tests, Advanced Placement Examinations, industry
1927 certification examinations, assessments related to postsecondary
1928 education, or other assessments.
1929 7.6. Contributions to the Stanley G. Tate Florida Prepaid
1930 College Program pursuant to s. 1009.98 or the Florida College
1931 Savings Program pursuant to s. 1009.981 for the benefit of the
1932 eligible student.
1933 8.7. Contracted services provided by a public school or
1934 school district, including classes. A student who receives
1935 services under a contract under this paragraph is not considered
1936 enrolled in a public school for eligibility purposes as
1937 specified in subsection (6) but rather attending a public school
1938 on a part-time basis as authorized under s. 1002.44.
1939 9.8. Tuition and fees for part-time tutoring services or
1940 fees for services provided by a choice navigator. Such services
1941 must be provided by a person who holds a valid Florida
1942 educator’s certificate pursuant to s. 1012.56, a person who
1943 holds an adjunct teaching certificate pursuant to s. 1012.57, a
1944 person who has a bachelor’s degree or a graduate degree in the
1945 subject area or related subject area in which instruction is
1946 given, a person who has demonstrated a mastery of subject area
1947 knowledge pursuant to s. 1012.56(5), or a person certified by a
1948 nationally or internationally recognized research-based training
1949 program as approved by the department. As used in this
1950 subparagraph, the term “part-time tutoring services” does not
1951 qualify as regular school attendance as defined in s.
1952 1003.01(16)(e).
1953 10.9. Fees for specialized summer education programs.
1954 11.10. Fees for specialized after-school education
1955 programs.
1956 12.11. Transition services provided by job coaches.
1957 Transition services are a coordinated set of activities which
1958 are focused on improving the academic and functional achievement
1959 of a student with a disability to facilitate the student’s
1960 movement from school to postschool activities and are based on
1961 the student’s needs.
1962 13.12. Fees for an annual evaluation of educational
1963 progress by a state-certified teacher under s. 1002.41(1)(f), if
1964 this option is chosen for a home education student.
1965 14.13. Tuition and fees associated with programs offered by
1966 Voluntary Prekindergarten Education Program providers approved
1967 pursuant to s. 1002.55, school readiness providers approved
1968 pursuant to s. 1002.88, and prekindergarten programs offered by
1969 an eligible private school.
1970 15.14. Fees for services provided at a center that is a
1971 member of the Professional Association of Therapeutic
1972 Horsemanship International.
1973 16.15. Fees for services provided by a therapist who is
1974 certified by the Certification Board for Music Therapists or
1975 credentialed by the Art Therapy Credentials Board, Inc.
1976 17. Membership dues and related activity fees for
1977 participation in career and technical student organizations.
1978 (5) TERM OF SCHOLARSHIP.—For purposes of continuity of
1979 educational choice:
1980 (a)1. A scholarship funded to an eligible student pursuant
1981 to paragraph (3)(a) shall remain in force until:
1982 a. The organization determines that the student is not
1983 eligible for program renewal;
1984 b. The Commissioner of Education suspends or revokes
1985 program participation or use of funds;
1986 c. The student’s parent has forfeited participation in the
1987 program for failure to comply with the scholarship program
1988 requirements subsection (10);
1989 d. The student, who uses the scholarship for tuition and
1990 fees pursuant to subparagraph (4)(a)1., enrolls in a public
1991 school. However, if a student enters a Department of Juvenile
1992 Justice detention center for a period of no more than 21 days,
1993 the student is not considered to have returned to a public
1994 school on a full-time basis for that purpose; or
1995 e. The student graduates from high school or attains 21
1996 years of age, whichever occurs first.
1997 2.a. The student’s scholarship account must be closed and
1998 any remaining funds shall revert to the state after:
1999 a.(I) Denial or revocation of program eligibility by the
2000 commissioner for fraud or abuse, including, but not limited to,
2001 the student or student’s parent accepting any payment, refund,
2002 or rebate, in any manner, from a provider of any services
2003 received pursuant to paragraph (4)(a);
2004 b.(II) One fiscal year Two consecutive fiscal years in
2005 which an account has been inactive; or
2006 c.(III) A student remains unenrolled in an eligible private
2007 school for 30 days while receiving a scholarship that requires
2008 full-time enrollment; or
2009 d. A student’s scholarship no longer remains in force due
2010 to any of the reasons provided in subparagraph 1.
2011 3. An organization must notify the parent prior to closing
2012 a student’s account regarding the reason the account will be
2013 closed and that the balance of funds will revert upon closure.
2014 4. An organization must annually report to the department
2015 the total number of scholarship accounts that were closed
2016 pursuant to subparagraph 2. and the amount of funds, by account,
2017 which
2018 b. Reimbursements for program expenditures may continue
2019 until the account balance is expended or remaining funds have
2020 reverted to the state.
2021 (b)1. A scholarship funded to an eligible student pursuant
2022 to paragraph (3)(b) shall remain in force until:
2023 a. The parent does not renew program eligibility;
2024 b. The organization determines that the student is not
2025 eligible for program renewal;
2026 c. The Commissioner of Education suspends or revokes
2027 program participation or use of funds;
2028 d. The student’s parent has forfeited participation in the
2029 program for failure to comply with the scholarship requirements
2030 subsection (10);
2031 e. The student enrolls full time in a public school; or
2032 f. The student graduates from high school or attains 22
2033 years of age, whichever occurs first.
2034 2. Reimbursements for program expenditures may continue
2035 until the account balance is expended or the account is closed.
2036 3. A student’s scholarship account must be closed and any
2037 remaining funds, including, but not limited to, contributions
2038 made to the Stanley G. Tate Florida Prepaid College Program or
2039 earnings from or contributions made to the Florida College
2040 Savings Program using program funds pursuant to subparagraph
2041 (4)(b)7. (4)(b)6., shall revert to the state after:
2042 a. Denial or revocation of program eligibility by the
2043 commissioner for fraud or abuse, including, but not limited to,
2044 the student or student’s parent accepting any payment, refund,
2045 or rebate, in any manner, from a provider of any services
2046 received pursuant to subsection (4); or
2047 b. Any period of 3 consecutive years after high school
2048 completion or graduation during which the student has not been
2049 enrolled in an eligible postsecondary educational institution or
2050 a program offered by the institution; or
2051 c. Two consecutive fiscal years in which an account has
2052 been inactive.
2053 4. An organization must notify the parent prior to closing
2054 a student’s account regarding the reason the account will be
2055 closed and that the balance of funds will revert upon closure.
2056 5. Upon a student reaching the age of 16, the organization
2057 must notify the parent if there is a balance in the student’s
2058 account and provide the amount of the balance and information
2059 regarding how the funds may be used.
2060 6. An organization must annually report to the department
2061 the total number of scholarship accounts that were closed
2062 pursuant to subparagraph 3. and the amount of funds by account
2063 that reverted to the state.
2064 (c) Upon reasonable notice to the organization and the
2065 school district, the student’s parent may remove the student
2066 from the participating private school and place the student in a
2067 public school in accordance with this section. Upon receipt of
2068 notification from the parent, the organization must notify the
2069 department of the student’s withdrawal from the scholarship
2070 program and may not provide payments into the student’s account.
2071 A violation of this paragraph by the organization results in
2072 liability on behalf of the organization pursuant to s.
2073 1002.421(4)(d).
2074 (d) Upon reasonable notice to the organization, the
2075 student’s parent may move the student from one participating
2076 private school to another participating private school.
2077 (6) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
2078 a Family Empowerment Scholarship while he or she is:
2079 (a) Enrolled full time in a public school, including, but
2080 not limited to, the Florida School for the Deaf and the Blind,
2081 the College-Preparatory Boarding Academy, the Florida Virtual
2082 School, the Florida Scholars Academy, a developmental research
2083 school authorized under s. 1002.32, or a charter school
2084 authorized under this chapter. For purposes of this paragraph, a
2085 3- or 4-year-old child who receives services funded through the
2086 Florida Education Finance Program is considered to be a student
2087 enrolled in a public school;
2088 (b) Enrolled in a school operating for the purpose of
2089 providing educational services to youth in a Department of
2090 Juvenile Justice commitment program;
2091 (c) Receiving any other educational scholarship pursuant to
2092 this chapter. However, an eligible public school student
2093 receiving a scholarship under s. 1002.411 may receive a stipend
2094 for transportation pursuant to s. 1002.31(7);
2095 (d) Not having regular and direct contact with his or her
2096 private school teachers pursuant to s. 1002.421(9)(i) s.
2097 1002.421(1)(i), unless he or she is eligible pursuant to
2098 paragraph (3)(b) and enrolled in the participating private
2099 school’s transition-to-work program pursuant to subsection (16)
2100 or a home education program pursuant to s. 1002.41;
2101 (e) Participating in a private tutoring program pursuant to
2102 s. 1002.43 unless he or she is determined eligible pursuant to
2103 paragraph (3)(b); or
2104 (f) Participating in virtual instruction pursuant to s.
2105 1002.455 that receives state funding pursuant to the student’s
2106 participation.
2107 (7) SCHOOL DISTRICT OBLIGATIONS.—
2108 (a) By January 1 of each year, a school district shall
2109 inform all households within the district receiving free or
2110 reduced-priced meals under the National School Lunch Act of
2111 their eligibility to apply to the department for a Family
2112 Empowerment Scholarship. The form of such notice shall be
2113 provided by the department, and the school district shall
2114 include the provided form in any normal correspondence with
2115 eligible households. Such notice is limited to once a year.
2116 (b)1. The parent of a student with a disability who does
2117 not have an IEP in accordance with subparagraph (3)(b)4. or who
2118 seeks a reevaluation of an existing IEP may request an IEP
2119 meeting and evaluation from the school district in order to
2120 obtain or revise a matrix of services. The school district shall
2121 notify a parent who has made a request for an IEP that the
2122 district is required to complete the IEP and matrix of services
2123 within 60 30 days after receiving notice of the parent’s
2124 request. The school district shall conduct a meeting and develop
2125 an IEP and a matrix of services within 60 30 days after receipt
2126 of the parent’s request in accordance with State Board of
2127 Education rules. The district must accept the diagnosis and
2128 consider the service plan of the licensed professional providing
2129 the diagnosis pursuant to subparagraph (3)(b)4. The school
2130 district must complete a matrix that assigns the student to one
2131 of the levels of service as they existed before the 2000-2001
2132 school year. For a nonpublic school student without an IEP, the
2133 school district is authorized to use evaluation reports and
2134 plans of care developed by the licensed professionals under
2135 subparagraph (4)(b)3. to complete the matrix of services.
2136 2.a. The school district must provide the student’s parent
2137 and the department with the student’s matrix level within 10
2138 calendar days after its completion.
2139 b. The department shall notify the parent and the
2140 organization of the amount of the funds awarded within 10 days
2141 after receiving the school district’s notification of the
2142 student’s matrix level.
2143 c. A school district may change a matrix of services only
2144 if the change is a result of an IEP reevaluation or to correct a
2145 technical, typographical, or calculation error.
2146 (b)1.(c)1. Within 10 days after an IEP meeting is held, a
2147 school district shall notify the parent of a student of all
2148 options available pursuant to this section and offer that
2149 student’s parent an opportunity to enroll the student in another
2150 public school in the school district.
2151 2. The parent is not required to accept the offer of
2152 enrolling the student in another public school in lieu of
2153 requesting a scholarship. However, if the parent chooses the
2154 public school option, the student may continue attending the
2155 public school chosen by the parent until the student graduates
2156 from high school.
2157 3. The parent may choose another public school in the
2158 school district, and the school district shall provide
2159 transportation to the public school selected by the parent.
2160 4. The parent may choose, as an alternative, to enroll the
2161 student in and transport the student to a public school in an
2162 adjacent school district that has available space and has a
2163 program with the services agreed to in the student’s IEP already
2164 in place, and that school district shall accept the student and
2165 report the student for purposes of the school district’s funding
2166 pursuant to the Florida Education Finance Program.
2167 (d) Upon the request of the department, a school district
2168 shall coordinate with the department to provide to a
2169 participating private school the statewide assessments
2170 administered under s. 1008.22 and any related materials for
2171 administering the assessments. For a student who participates in
2172 the Family Empowerment Scholarship Program whose parent requests
2173 that the student take the statewide assessments under s.
2174 1008.22, the district in which the student attends a
2175 participating private school shall provide locations and times
2176 to take all statewide assessments. A school district is
2177 responsible for implementing test administrations at a
2178 participating private school, including the:
2179 1. Provision of training for private school staff on test
2180 security and assessment administration procedures;
2181 2. Distribution of testing materials to a private school;
2182 3. Retrieval of testing materials from a private school;
2183 4. Provision of the required format for a private school to
2184 submit information to the district for test administration and
2185 enrollment purposes; and
2186 5. Provision of any required assistance, monitoring, or
2187 investigation at a private school.
2188 (e) Each school district must publish information about the
2189 Family Empowerment Scholarship Program on the district’s website
2190 homepage. At a minimum, the published information must include a
2191 website link to the Family Empowerment Scholarship Program
2192 published on the Department of Education website as well as a
2193 telephone number and e-mail that students and parents may use to
2194 contact relevant personnel in the school district to obtain
2195 information about the scholarship.
2196 (8) DEPARTMENT OF EDUCATION OBLIGATIONS.—
2197 (a) The department shall:
2198 1. Publish and update, as necessary, information on the
2199 department website about the Family Empowerment Scholarship
2200 Program, including, but not limited to, student eligibility
2201 criteria, parental responsibilities, and relevant data.
2202 2. Report, as part of the determination of full-time
2203 equivalent membership pursuant to s. 1011.62(1)(a), all
2204 scholarship students funded through the Florida Education
2205 Finance Program, and cross-check the list of scholarship
2206 students submitted by the eligible nonprofit scholarship-funding
2207 organization with the full-time equivalent student membership
2208 survey data to avoid duplication.
2209 3. Maintain and annually publish a list of nationally norm
2210 referenced tests identified for purposes of satisfying the
2211 testing requirement in subparagraph (9)(c)1. The tests must meet
2212 industry standards of quality in accordance with state board
2213 rule.
2214 4. Notify eligible nonprofit scholarship-funding
2215 organizations of the deadlines for submitting the verified list
2216 of eligible scholarship students.
2217 (a)5. Deny or terminate program participation upon a
2218 parent’s failure to comply with the scholarship program
2219 requirements subsection (10).
2220 6. Notify the parent and the organization when a
2221 scholarship account is closed and program funds revert to the
2222 state.
2223 7. Notify an eligible nonprofit scholarship-funding
2224 organization of any of the organization’s or other
2225 organization’s identified students who are receiving
2226 scholarships under this chapter.
2227 (b)8. Maintain on its website a list of approved providers
2228 as required by s. 1002.66, eligible postsecondary educational
2229 institutions, eligible private schools, and eligible
2230 organizations and may identify or provide links to lists of
2231 other approved providers.
2232 9. Require each organization to verify eligible
2233 expenditures before the distribution of funds for any
2234 expenditures made pursuant to subparagraphs (4)(b)1. and 2.
2235 Review of expenditures made for services specified in
2236 subparagraphs (4)(b)3.-15. may be completed after the purchase
2237 is made.
2238 (c)10. Investigate any written complaint of a violation of
2239 this section by a parent, a student, a participating private
2240 school, a public school, a school district, an organization, a
2241 provider, or another appropriate party in accordance with the
2242 process established under s. 1002.421.
2243 (d)11. Require quarterly reports by an organization, which
2244 must include, at a minimum, the number of students participating
2245 in the program; the demographics of program participants; the
2246 disability category of program participants; the matrix level of
2247 services, if known; the program award amount per student; the
2248 total expenditures for the purposes specified in paragraph
2249 (4)(b); the types of providers of services to students; the
2250 number of scholarship applications received, the number of
2251 applications processed within 30 days after receipt, and the
2252 number of incomplete applications received; data related to
2253 reimbursement submissions, including the average number of days
2254 for a reimbursement to be reviewed and the average number of
2255 days for a reimbursement to be approved; any parent input and
2256 feedback collected regarding the program; and any other
2257 information deemed necessary by the department.
2258 12. Notify eligible nonprofit scholarship-funding
2259 organizations that scholarships may not be awarded in a school
2260 district in which the award will exceed 99 percent of the school
2261 district’s share of state funding through the Florida Education
2262 Finance Program as calculated by the department.
2263 13. Adjust payments to eligible nonprofit scholarship
2264 funding organizations and, when the Florida Education Finance
2265 Program is recalculated, adjust the amount of state funds
2266 allocated to school districts through the Florida Education
2267 Finance Program based upon the results of the cross-check
2268 completed pursuant to subparagraph 2.
2269 (b) At the direction of the Commissioner of Education, the
2270 department may:
2271 1. Suspend or revoke program participation or use of
2272 program funds by the student or participation or eligibility of
2273 an organization, eligible postsecondary educational institution,
2274 approved provider, or other party for a violation of this
2275 section.
2276 2. Determine the length of, and conditions for lifting, a
2277 suspension or revocation specified in this paragraph.
2278 3. Recover unexpended program funds or withhold payment of
2279 an equal amount of program funds to recover program funds that
2280 were not authorized for use.
2281
2282 In determining whether to suspend or revoke participation or
2283 lift a suspension or revocation in accordance with this
2284 paragraph, the department may consider factors that include, but
2285 are not limited to, acts or omissions that led to a previous
2286 suspension or revocation of participation in a state or federal
2287 program or an education scholarship program; failure to
2288 reimburse the organization for funds improperly received or
2289 retained; failure to reimburse government funds improperly
2290 received or retained; imposition of a prior criminal sanction
2291 related to the person or entity or its officers or employees;
2292 imposition of a civil fine or administrative fine, license
2293 revocation or suspension, or program eligibility suspension,
2294 termination, or revocation related to a person’s or entity’s
2295 management or operation; or other types of criminal proceedings
2296 in which the person or entity or its officers or employees were
2297 found guilty of, regardless of adjudication, or entered a plea
2298 of nolo contendere or guilty to, any offense involving fraud,
2299 deceit, dishonesty, or moral turpitude.
2300 (e)(c) The department shall Notify each school district of
2301 the full-time equivalent student consensus estimate of students
2302 participating in the program developed pursuant to s.
2303 216.136(4)(a).
2304 (f)(d) The department may Provide guidance to a
2305 participating private school that submits a transition-to-work
2306 program plan pursuant to subsection (15) (16).
2307 (g) Develop guidance for students eligible pursuant to
2308 paragraph (3)(b) which details the available transition
2309 services, including postsecondary education, employment, and
2310 independent living, for which scholarship funds may be used.
2311 (9) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
2312 eligible to participate in the Family Empowerment Scholarship
2313 Program, a private school may be sectarian or nonsectarian and
2314 must:
2315 (a) Comply with all requirements for private schools
2316 participating in state school choice scholarship programs
2317 pursuant to s. 1002.421.
2318 (b) Provide to the organization all documentation required
2319 for a student’s participation, including confirmation of the
2320 student’s admission to the private school, the private school’s
2321 and student’s fee schedules, and any other information required
2322 by the organization to process scholarship payment under
2323 subparagraph (12)(a)3. Such information must be provided by the
2324 deadlines established by the organization and in accordance with
2325 the requirements of this section. A student is not eligible to
2326 receive a quarterly scholarship payment if the private school
2327 fails to meet the deadline.
2328 (c)1. Annually administer or make provision for students
2329 participating in the program in grades 3 through 10 to take one
2330 of the nationally norm-referenced tests that are identified by
2331 the department pursuant to paragraph (8)(a) or to take the
2332 statewide assessments pursuant to s. 1008.22. Students with
2333 disabilities for whom the physician or psychologist who issued
2334 the diagnosis or the IEP team determines that standardized
2335 testing is not appropriate are exempt from this requirement. A
2336 participating private school shall report a student’s scores to
2337 his or her parent. By August 15 of each year, a participating
2338 private school must report the scores of all participating
2339 students to a state university as described in s.
2340 1002.395(9)(f).
2341 2. Administer the statewide assessments pursuant to s.
2342 1008.22 if the private school chooses to offer the statewide
2343 assessments. A participating private school may choose to offer
2344 and administer the statewide assessments to all students who
2345 attend the private school in grades 3 through 10 and must submit
2346 a request in writing to the department by March 1 of each year
2347 in order to administer the statewide assessments in the
2348 subsequent school year.
2349 (d) For a student determined eligible pursuant to paragraph
2350 (3)(b), discuss the school’s academic programs and policies,
2351 specialized services, code of conduct, and attendance policies
2352 before enrollment with the parent to determine which programs
2353 and services may meet the student’s individual needs.
2354
2355 If a private school fails to meet the requirements of this
2356 subsection or s. 1002.421, the commissioner may determine that
2357 the private school is ineligible to participate in the
2358 scholarship program.
2359 (9)(10) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
2360 PARTICIPATION.—
2361 (a) A parent who applies for a scholarship under paragraph
2362 (3)(a) whose student will be enrolled full time in an eligible
2363 private school must:
2364 1. Select an eligible private school and apply for the
2365 admission of his or her student.
2366 2. Request the scholarship by the date established by the
2367 organization in a manner that creates a written or electronic
2368 record of the request and the date of receipt of the request.
2369 3.a. Beginning with new applications for the 2025-2026
2370 school year and thereafter, notify the organization by December
2371 15 that the scholarship is being accepted or declined.
2372 b. Beginning with renewal applications for the 2025-2026
2373 school year and thereafter, notify the organization by May 31
2374 that the scholarship is being renewed or declined.
2375 4. Inform the applicable school district when the parent
2376 withdraws his or her student from a public school to attend an
2377 eligible private school using the standard withdrawal form
2378 developed by the department pursuant to s. 1002.421.
2379 3.5. Require his or her student participating in the
2380 program to remain in attendance at the eligible private school
2381 throughout the school year unless excused by the school for
2382 illness or other good cause.
2383 4.6. Meet with the eligible private school’s principal or
2384 the principal’s designee to review the school’s academic
2385 programs and policies, specialized services, code of student
2386 conduct, and attendance policies before enrollment.
2387 7. Require his or her student participating in the program
2388 to take the norm-referenced assessment offered by the eligible
2389 private school. The parent may also choose to have the student
2390 participate in the statewide assessments pursuant to paragraph
2391 (7)(d). If the parent requests that the student participating in
2392 the program take all statewide assessments required pursuant to
2393 s. 1008.22, the parent is responsible for transporting the
2394 student to the assessment site designated by the school
2395 district.
2396 8. Approve each payment before the scholarship funds may be
2397 deposited by funds transfer pursuant to subparagraph (12)(a)3.
2398 The parent may not designate any entity or individual associated
2399 with the participating private school as the parent’s attorney
2400 in fact to approve a funds transfer. A participant who fails to
2401 comply with this paragraph forfeits the scholarship.
2402 9. Agree to have the organization commit scholarship funds
2403 on behalf of his or her student for tuition and fees for which
2404 the parent is responsible for payment at the eligible private
2405 school before using scholarship account funds for additional
2406 authorized uses under paragraph (4)(a). A parent is responsible
2407 for all eligible expenses in excess of the amount of the
2408 scholarship.
2409 10. Comply with the scholarship application and renewal
2410 processes and requirements established by the organization.
2411 (b) A parent who applies for a scholarship under paragraph
2412 (3)(b) is exercising his or her parental option to determine the
2413 appropriate placement or the services that best meet the needs
2414 of his or her child and must:
2415 1. Apply to an eligible nonprofit scholarship-funding
2416 organization to participate in the program by a date set by the
2417 organization. The request must be communicated directly to the
2418 organization in a manner that creates a written or electronic
2419 record of the request and the date of receipt of the request.
2420 2.a. Beginning with new applications for the 2025-2026
2421 school year and thereafter, notify the organization by December
2422 15 that the scholarship is being accepted or declined.
2423 b. Beginning with renewal applications for the 2025-2026
2424 school year and thereafter, notify the organization by May 31
2425 that the scholarship is being renewed or declined.
2426 3. sign an agreement with the organization and annually
2427 submit a sworn compliance statement to the organization to
2428 satisfy or maintain program eligibility, including eligibility
2429 to receive and spend program payments by:
2430 1.a. Affirming that the student is enrolled in a program
2431 that meets regular school attendance requirements as provided in
2432 s. 1003.01(16)(b), (c), or (d).
2433 2.b. Affirming that the program funds are used only for
2434 authorized purposes serving the student’s educational needs, as
2435 described in paragraph (4)(b); that any prepaid college plan or
2436 college savings plan funds contributed pursuant to subparagraph
2437 (4)(b)7. subparagraph (4)(b)6. will not be transferred to
2438 another beneficiary while the plan contains funds contributed
2439 pursuant to this section; and that they will not receive a
2440 payment, refund, or rebate of any funds provided under this
2441 section.
2442 3.c. Affirming that the parent is responsible for all
2443 eligible expenses in excess of the amount of the scholarship and
2444 for the education of his or her student by, as applicable:
2445 a.(I) Requiring the student to take an assessment in
2446 accordance with s. 1002.421(7) paragraph (9)(c);
2447 b.(II) Providing an annual evaluation in accordance with s.
2448 1002.41(1)(f); or
2449 c.(III) Requiring the child to take any preassessments and
2450 postassessments selected by the provider if the child is 4 years
2451 of age and is enrolled in a program provided by an eligible
2452 Voluntary Prekindergarten Education Program provider. A student
2453 with disabilities for whom the physician or psychologist who
2454 issued the diagnosis or the IEP team determines that a
2455 preassessment and postassessment is not appropriate is exempt
2456 from this requirement. A participating provider shall report a
2457 student’s scores to the parent.
2458 4.d. Affirming that the student remains in good standing
2459 with the provider or school if those options are selected by the
2460 parent.
2461 5.e. Enrolling his or her child in a program from a
2462 Voluntary Prekindergarten Education Program provider authorized
2463 under s. 1002.55, a school readiness provider authorized under
2464 s. 1002.88, a prekindergarten program offered by an eligible
2465 private school, or an eligible private school if selected by the
2466 parent.
2467 6.f. Comply with the scholarship application and renewal
2468 processes and requirements established by the organization. A
2469 student whose participation in the program is not renewed may
2470 continue to spend scholarship funds that are in his or her
2471 account from prior years unless the account must be closed
2472 pursuant to subparagraph (5)(b)3. Notwithstanding any changes to
2473 the student’s IEP, a student who was previously eligible for
2474 participation in the program shall remain eligible to apply for
2475 renewal. However, for a high-risk child to continue to
2476 participate in the program in the school year after he or she
2477 reaches 6 years of age, the child’s application for renewal of
2478 program participation must contain documentation that the child
2479 has a disability defined in paragraph (2)(e) other than high
2480 risk status.
2481 7.g. Procuring the services necessary to educate the
2482 student.
2483 a. If such services include enrollment in an eligible
2484 private school, the parent must meet with the private school’s
2485 principal or the principal’s designee to review the school’s
2486 academic programs and policies, specialized services, code of
2487 student conduct, and attendance policies before his or her
2488 student is enrolled. The parent must also approve each payment
2489 to the eligible private school before the scholarship funds may
2490 be deposited by funds transfer pursuant to subparagraph
2491 (12)(a)3. The parent may not designate any entity or individual
2492 associated with the eligible private school as the parent’s
2493 attorney in fact to approve a funds transfer. When the student
2494 receives a scholarship, the district school board is not
2495 obligated to provide the student with a free appropriate public
2496 education. For purposes of s. 1003.57 and the Individuals with
2497 Disabilities in Education Act, a participating student has only
2498 those rights that apply to all other unilaterally parentally
2499 placed students, except that, when requested by the parent,
2500 school district personnel must develop an IEP or matrix level of
2501 services.
2502 b. If such services include enrollment in Florida Virtual
2503 School as a private paying student, the parent must agree to
2504 have the organization commit scholarship funds on behalf of his
2505 or her student for tuition and fees for which the parent is
2506 responsible for payment to the Florida Virtual School before
2507 using scholarship account funds for additional uses under
2508 paragraph (4)(b).
2509 (c) A parent may not apply for multiple scholarships under
2510 this section and s. 1002.395 for an individual student at the
2511 same time.
2512 (d) A participant who fails to comply with this subsection
2513 forfeits the scholarship.
2514 (10)(11) OBLIGATIONS OF ELIGIBLE SCHOLARSHIP-FUNDING
2515 ORGANIZATIONS.—
2516 (a) An eligible nonprofit scholarship-funding organization
2517 awarding scholarships to eligible students pursuant to this
2518 section paragraph (3)(a) shall:
2519 1. Establish a process for parents who are in compliance
2520 with paragraph (10)(a) to renew their students’ scholarships.
2521 Renewal applications for the 2025-2026 school year and
2522 thereafter must provide for a renewal timeline beginning
2523 February 1 of the prior school year and ending April 30 of the
2524 prior school year. A student’s renewal is contingent upon an
2525 eligible private school providing confirmation of student
2526 admission pursuant to subsection (9). The process must require
2527 that parents confirm that the scholarship is being renewed or
2528 declined by May 31.
2529 2. Establish a process that allows a parent to apply for a
2530 new scholarship. The process may begin no earlier than February
2531 1 of the prior school year and must authorize submission of
2532 applications until November 15. The process must be in a manner
2533 that creates a written or electronic record of the application
2534 request and the date of receipt of the application request.
2535 Applications received after the deadline may be considered for
2536 scholarship award in the subsequent fiscal year. The process
2537 must require that parents confirm that the scholarship is being
2538 accepted or declined by December 15.
2539 (a)3. Verify the household income level of students seeking
2540 priority eligibility and submit the verified list of students to
2541 the department.
2542 4. Award scholarships in priority order pursuant to
2543 paragraph (3)(a).
2544 5. Establish and maintain separate scholarship accounts for
2545 each eligible student. For each account, the organization must
2546 maintain a record of accrued interest that is retained in the
2547 student’s account and available only for authorized program
2548 expenditures.
2549 6. Permit eligible students to use program funds for the
2550 purposes specified in paragraph (4)(a), as authorized in the
2551 organization’s purchasing handbook, by paying for the authorized
2552 use directly, then submitting a reimbursement request to the
2553 eligible nonprofit scholarship-funding organization. However, an
2554 eligible nonprofit scholarship-funding organization may require
2555 the use of an online platform for direct purchases of products
2556 so long as such use does not limit a parent’s choice of
2557 curriculum or academic programs. If a parent purchases a product
2558 identical to one offered by an organization’s online platform
2559 for a lower price, the organization must reimburse the parent
2560 the cost of the product.
2561 7. In a timely manner, submit the verified list of students
2562 and any information requested by the department relating to the
2563 scholarship under this section.
2564 8. Notify the department about any violation of this
2565 section.
2566 9. Document each student’s eligibility for a fiscal year
2567 before granting a scholarship for that fiscal year. A student is
2568 ineligible for a scholarship if the student’s account has been
2569 inactive for 2 consecutive fiscal years.
2570 10. Notify each parent that participation in the
2571 scholarship program does not guarantee enrollment.
2572 11. Commit scholarship funds on behalf of the student for
2573 tuition and fees for which the parent is responsible for payment
2574 at the participating private school before using scholarship
2575 account funds for additional authorized uses under paragraph
2576 (4)(a).
2577 (b) For students An eligible nonprofit scholarship-funding
2578 organization awarding scholarships to eligible students pursuant
2579 to paragraph (3)(b) shall:
2580 1. Establish a process for parents who are in compliance
2581 with paragraph (10)(b) to renew their students’ scholarships.
2582 Renewal applications for the 2025-2026 school year and
2583 thereafter must provide for a renewal timeline beginning
2584 February 1 of the prior school year and ending April 30 of the
2585 prior school year. A student’s renewal is contingent upon an
2586 eligible private school providing confirmation of student
2587 admission pursuant to subsection (9), if applicable. The process
2588 must require that parents confirm that the scholarship is being
2589 renewed or declined by May 31.
2590 2. Establish a process that allows a parent to apply for a
2591 new scholarship. The process may begin no earlier than February
2592 1 of the prior school year and must authorize the submission of
2593 applications until November 15. The process must be in a manner
2594 that creates a written or electronic record of the application
2595 request and the date of receipt of the application request.
2596 Applications received after the deadline may be considered for
2597 scholarship award in the subsequent fiscal year. The process
2598 must require that parents confirm that the scholarship is being
2599 accepted or declined by December 15.
2600 3. Review applications and award scholarships using the
2601 following priorities:
2602 a. Renewing students from the previous school year.
2603 b. An eligible student who meets the criteria for an
2604 initial award pursuant to paragraph (3)(b) on a first-come,
2605 first-served basis.
2606 4. Establish and maintain separate accounts for each
2607 eligible student. For each account, the organization must
2608 maintain a record of accrued interest that is retained in the
2609 student’s account and available only for authorized program
2610 expenditures.
2611 5. Verify qualifying educational expenditures pursuant to
2612 the requirements of paragraph (4)(b).
2613 6. Return any remaining program funds to the department
2614 pursuant to paragraph (6)(b).
2615 7. Notify the parent about the availability of, and the
2616 requirements associated with requesting, an initial IEP or IEP
2617 reevaluation every 3 years for each student participating in the
2618 program.
2619 2.8. Notify the parent of available state and local
2620 services, including, but not limited to, services under chapter
2621 413.
2622 9. In a timely manner, submit to the department the
2623 verified list of eligible scholarship students and any
2624 information requested by the department relating to the
2625 scholarship under this section.
2626 (c)10. Notify the department of any violation of this
2627 section.
2628 11. Document each scholarship student’s eligibility for a
2629 fiscal year before granting a scholarship for that fiscal year
2630 pursuant to paragraph (3)(b). A student is ineligible for a
2631 scholarship if the student’s account has been inactive for 2
2632 consecutive fiscal years.
2633 (d)(c) An eligible nonprofit scholarship-funding
2634 organization may, from eligible contributions received pursuant
2635 to s. 1002.395(6)(l)1., Use an amount, from eligible
2636 contributions received pursuant to s. 1002.395(6)(l)1., not to
2637 exceed 1.5 2.5 percent of the total amount of all verified
2638 eligible scholarships funded under this section for
2639 administrative expenses associated with performing functions
2640 under this section. An organization that, for the prior fiscal
2641 year, has complied with the expenditure requirements of s.
2642 1002.395(6)(i)3. s. 1002.395(6)(l)3. may use an amount not to
2643 exceed 2 3 percent. Such administrative expense amount is
2644 considered within the 2-percent 3-percent limit on the total
2645 amount an organization may use to administer scholarships under
2646 this chapter.
2647 (d) An eligible nonprofit scholarship-funding organization
2648 shall establish a process to collect input and feedback from
2649 parents, private schools, and providers before implementing
2650 substantial modifications or enhancements to the reimbursement
2651 process.
2652 (11)(12) SCHOLARSHIP FUNDING AND PAYMENT.—
2653 (a)1. The calculated scholarship amount for a participating
2654 student determined eligible pursuant to paragraph (3)(a) shall
2655 be based upon the grade level and school district in which the
2656 student was assigned as 100 percent of the funds per unweighted
2657 full-time equivalent in the Florida Education Finance Program
2658 for a student in the basic program established pursuant to s.
2659 1011.62(1)(c)1., plus a per-full-time equivalent share of funds
2660 for the categorical programs established in s. 1011.62(5),
2661 (7)(a), and (16), as funded in the General Appropriations Act.
2662 2.a. For renewing scholarship students, the organization
2663 must verify the student’s continued eligibility to participate
2664 in the scholarship program at least 30 days before each payment.
2665 Upon receiving the verified list of eligible scholarship
2666 students, the department shall release, from state funds only,
2667 the amount calculated pursuant to subparagraph 1. to the
2668 organization for deposit into the student’s account in quarterly
2669 payments no later than August 1, November 1, February 1, and
2670 April 1 of each school year in which the scholarship is in
2671 force.
2672 b. For new scholarship students, the organization must
2673 verify the student’s eligibility to participate in the
2674 scholarship program at least 30 days before each payment. Upon
2675 receiving the verified list of eligible scholarship students,
2676 the department shall release, from state funds only, the amount
2677 calculated pursuant to subparagraph 1. to the organization for
2678 deposit into the student’s account in quarterly payments no
2679 later than September 1, November 1, February 1, and April 1 of
2680 each school year in which the scholarship is in force. For a
2681 student exiting a Department of Juvenile Justice commitment
2682 program who chooses to participate in the scholarship program,
2683 the amount calculated pursuant to subparagraph 1. must be
2684 transferred from the school district in which the student last
2685 attended a public school before commitment to the Department of
2686 Juvenile Justice.
2687 c. The department is authorized to release the state funds
2688 contingent upon verification that the organization will comply
2689 with s. 1002.395(6)(l) based upon the organization’s submitted
2690 verified list of eligible scholarship students pursuant to s.
2691 1002.395.
2692 3. The initial payment shall be made after the
2693 organization’s verification of admission acceptance, and
2694 subsequent payments shall be made upon verification of continued
2695 enrollment and attendance at the participating private school.
2696 Payments for tuition and fees for full-time enrollment shall be
2697 made within 7 business days after approval by the parent
2698 pursuant to paragraph (10)(a) and the private school pursuant to
2699 paragraph (9)(b). Payment must be by funds transfer or any other
2700 means of payment that the department deems to be commercially
2701 viable or cost-effective. An organization shall ensure that the
2702 parent has approved a funds transfer before any scholarship
2703 funds are deposited.
2704 4. An organization may not transfer any funds to an account
2705 of a student determined eligible pursuant to paragraph (3)(a)
2706 which has a balance in excess of $24,000.
2707 (b)1. For the 2024-2025 school year, the maximum number of
2708 scholarships funded under paragraph (3)(b) shall be 72,615.
2709 Beginning in the 2025-2026 school year, the maximum number of
2710 scholarships funded under paragraph (3)(b) shall annually
2711 increase by 5 percent of the state’s total exceptional student
2712 education full-time equivalent student membership, not including
2713 gifted students. The maximum number of scholarships funded shall
2714 increase by 1 percent of the state’s total exceptional student
2715 education full-time equivalent student membership, not including
2716 gifted students, in the school year following any school year in
2717 which the number of scholarships funded exceeds 95 percent of
2718 the number of available scholarships for that school year. An
2719 eligible student who meets any of the following requirements
2720 shall be excluded from the maximum number of students if the
2721 student:
2722 (a)a. Received specialized instructional services under the
2723 Voluntary Prekindergarten Education Program pursuant to s.
2724 1002.66 during the previous school year and the student has a
2725 current IEP developed by the district school board in accordance
2726 with rules of the State Board of Education;
2727 (b)b. Is a dependent child of a law enforcement officer or
2728 a member of the United States Armed Forces, a foster child, or
2729 an adopted child; or
2730 (c)c. Spent the prior school year in attendance at a
2731 Florida public school or the Florida School for the Deaf and the
2732 Blind. For purposes of this paragraph subparagraph, the term
2733 “prior school year in attendance” means that the student was
2734 enrolled and reported by:
2735 1.(I) A school district for funding during either the
2736 preceding October or February full-time equivalent student
2737 membership surveys in kindergarten through grade 12, which
2738 includes time spent in a Department of Juvenile Justice
2739 commitment program if funded under the Florida Education Finance
2740 Program;
2741 2.(II) The Florida School for the Deaf and the Blind during
2742 the preceding October or February full-time equivalent student
2743 membership surveys in kindergarten through grade 12;
2744 3.(III) A school district for funding during the preceding
2745 October or February full-time equivalent student membership
2746 surveys, was at least 4 years of age when enrolled and reported,
2747 and was eligible for services under s. 1003.21(1)(e); or
2748 4.(IV) Received a John M. McKay Scholarship for Students
2749 with Disabilities in the 2021-2022 school year.
2750 2. For a student who has a Level I to Level III matrix of
2751 services or a diagnosis by a physician or psychologist, the
2752 calculated scholarship amount for a student participating in the
2753 program must be based upon the grade level and school district
2754 in which the student would have been enrolled as the total funds
2755 per unweighted full-time equivalent in the Florida Education
2756 Finance Program for a student in the basic exceptional student
2757 education program pursuant to s. 1011.62(1)(c) and (d), plus a
2758 per full-time equivalent share of funds for the categorical
2759 programs established in s. 1011.62(5), (7)(a), (8), and (16), as
2760 funded in the General Appropriations Act. For the categorical
2761 program established in s. 1011.62(8), the funds must be
2762 allocated based on the school district’s average exceptional
2763 student education guaranteed allocation funds per exceptional
2764 student education full-time equivalent student.
2765 3. For a student with a Level IV or Level V matrix of
2766 services, the calculated scholarship amount must be based upon
2767 the school district to which the student would have been
2768 assigned as the total funds per full-time equivalent for the
2769 Level IV or Level V exceptional student education program
2770 pursuant to s. 1011.62(1)(c)2.a. or b., plus a per-full time
2771 equivalent share of funds for the categorical programs
2772 established in s. 1011.62(5), (7)(a), and (16), as funded in the
2773 General Appropriations Act.
2774 4. For a student who received a Gardiner Scholarship
2775 pursuant to former s. 1002.385 in the 2020-2021 school year, the
2776 amount shall be the greater of the amount calculated pursuant to
2777 subparagraph 2. or the amount the student received for the 2020
2778 2021 school year.
2779 5. For a student who received a John M. McKay Scholarship
2780 pursuant to former s. 1002.39 in the 2020-2021 school year, the
2781 amount shall be the greater of the amount calculated pursuant to
2782 subparagraph 2. or the amount the student received for the 2020
2783 2021 school year.
2784 6. The organization must verify the student’s eligibility
2785 to participate in the scholarship program at least 30 days
2786 before each payment.
2787 7.a. For renewing scholarship students, upon receiving the
2788 verified list of eligible scholarship students, the department
2789 shall release, from state funds only, the amount calculated
2790 pursuant to subparagraph 1. to the organization for deposit into
2791 the student’s account in quarterly payments no later than August
2792 1, November 1, February 1, and April 1 of each school year in
2793 which the scholarship is in force.
2794 b. For new scholarship students, upon receiving the
2795 verified list of eligible scholarship students, the department
2796 shall release, from state funds only, the amount calculated
2797 pursuant to subparagraph 1. to the organization for deposit into
2798 the student’s account in quarterly payments no later than
2799 September 1, November 1, February 1, and April 1 of each school
2800 year in which the scholarship is in force.
2801 8. If a scholarship student is attending an eligible
2802 private school full time, the initial payment shall be made
2803 after the organization’s verification of admission acceptance,
2804 and subsequent payments shall be made upon verification of
2805 continued enrollment and attendance at the eligible private
2806 school. Payments for tuition and fees for full-time enrollment
2807 shall be made within 7 business days after approval by the
2808 parent pursuant to paragraph (10)(b) and the private school
2809 pursuant to paragraph (9)(b).
2810 9. Accrued interest in the student’s account is in addition
2811 to, and not part of, the awarded funds. Program funds include
2812 both the awarded funds and accrued interest.
2813 10. The organization may develop a system for payment of
2814 benefits by funds transfer, including, but not limited to, debit
2815 cards, electronic payment cards, or any other means of payment
2816 which the department deems to be commercially viable or cost
2817 effective. A student’s scholarship award may not be reduced for
2818 debit card or electronic payment fees. Commodities or services
2819 related to the development of such a system must be procured by
2820 competitive solicitation unless they are purchased from a state
2821 term contract pursuant to s. 287.056.
2822 11. An organization may not transfer any funds to an
2823 account of a student determined to be eligible pursuant to
2824 paragraph (3)(b) which has a balance in excess of $50,000.
2825 12. Moneys received pursuant to this section do not
2826 constitute taxable income to the qualified student or the parent
2827 of the qualified student.
2828 (c) An organization may not submit a new scholarship
2829 student for funding after February 1.
2830 (d) Within 30 days after the release of state funds
2831 pursuant to paragraphs (a) and (b), the eligible scholarship
2832 funding organization shall certify to the department the amount
2833 of funds distributed for student scholarships. If the amount of
2834 funds released by the department is more than the amount
2835 distributed by the organization, the department is authorized to
2836 adjust the amount of the overpayment in the subsequent quarterly
2837 payment release.
2838 Section 6. Subsections (2), (3), (4), and (6) through (11)
2839 and paragraph (e) of subsection (15) of section 1002.395,
2840 Florida Statutes, are amended to read:
2841 1002.395 Florida Tax Credit Scholarship Program.—
2842 (2) DEFINITIONS.—As used in this section, the term:
2843 (a) “Annual tax credit amount” means, for any state fiscal
2844 year, the sum of the amount of tax credits approved under
2845 paragraph (5)(b), including tax credits to be taken under s.
2846 220.1875 or s. 624.51055, which are approved for a taxpayer
2847 whose taxable year begins on or after January 1 of the calendar
2848 year preceding the start of the applicable state fiscal year.
2849 (b) “Choice navigator” means an individual who meets the
2850 requirements of sub-subparagraph (6)(d)4.g. and who provides
2851 consultations, at a mutually agreed upon location, on the
2852 selection of, application for, and enrollment in educational
2853 options addressing the academic needs of a student; curriculum
2854 selection; and advice on career and postsecondary education
2855 opportunities. However, nothing in this section authorizes a
2856 choice navigator to oversee or exercise control over the
2857 curricula or academic programs of a personalized education
2858 program.
2859 (c) “Department” means the Department of Revenue.
2860 (c)(d) “Direct certification list” means the certified list
2861 of children who qualify for the food assistance program, the
2862 Temporary Assistance to Needy Families Program, or the Food
2863 Distribution Program on Indian Reservations provided to the
2864 Department of Education by the Department of Children and
2865 Families.
2866 (d)(e) “Division” means the Division of Alcoholic Beverages
2867 and Tobacco of the Department of Business and Professional
2868 Regulation.
2869 (e)(f) “Eligible contribution” means a monetary
2870 contribution from a taxpayer, subject to the restrictions
2871 provided in this section, to an eligible nonprofit scholarship
2872 funding organization pursuant to this section and ss. 212.099,
2873 212.1831, and 212.1832. The taxpayer making the contribution may
2874 not designate a specific child as the beneficiary of the
2875 contribution.
2876 (f)(g) “Eligible nonprofit scholarship-funding
2877 organization” means a state university; or an independent
2878 college or university that is eligible to participate in the
2879 William L. Boyd, IV, Effective Access to Student Education Grant
2880 Program, located and chartered in this state, is not for profit,
2881 and is accredited by the Commission on Colleges of the Southern
2882 Association of Colleges and Schools; or is a charitable
2883 organization that:
2884 1. Is exempt from federal income tax pursuant to s.
2885 501(c)(3) of the Internal Revenue Code;
2886 2. Is a Florida entity formed under chapter 605, chapter
2887 607, or chapter 617 and whose principal office is located in the
2888 state; and
2889 3. Complies with subsections (6) and (13) (15).
2890 (h) “Eligible postsecondary educational institution” means
2891 a Florida College System institution; a state university; a
2892 school district technical center; a school district adult
2893 general education center; an independent college or university
2894 eligible to participate in the William L. Boyd, IV, Effective
2895 Access to Student Education Grant Program under s. 1009.89; or
2896 an accredited independent postsecondary educational institution,
2897 as defined in s. 1005.02, which is licensed to operate in this
2898 state under part III of chapter 1005 or is approved to
2899 participate in a reciprocity agreement as defined in s.
2900 1000.35(2).
2901 (i) “Eligible private school” means a private school, as
2902 defined in s. 1002.01, located in Florida which offers an
2903 education to students in any grades K-12 and that meets the
2904 requirements in subsection (8).
2905 (j) “Household income” has the same meaning as the term
2906 “income” as defined in the Income Eligibility Guidelines for
2907 free and reduced price meals under the National School Lunch
2908 Program in 7 C.F.R. part 210 as published in the Federal
2909 Register by the United States Department of Agriculture.
2910 (k) “Owner or operator” includes:
2911 1. An owner, president, officer, or director of an eligible
2912 nonprofit scholarship-funding organization or a person with
2913 equivalent decisionmaking authority over an eligible nonprofit
2914 scholarship-funding organization.
2915 2. An owner, operator, superintendent, or principal of an
2916 eligible private school or a person with equivalent
2917 decisionmaking authority over an eligible private school.
2918 (l) “Personalized education program” has the same meaning
2919 as in s. 1002.01.
2920 (m) “Personalized education student” means a student whose
2921 parent applies to an eligible nonprofit scholarship-funding
2922 organization for participation in a personalized education
2923 program.
2924 (n) “Student learning plan” means a customized learning
2925 plan developed by a parent, at least annually, to guide
2926 instruction for his or her student and to identify the goods and
2927 services needed to address the academic needs of his or her
2928 student.
2929 (g)(o) “Tax credit cap amount” means the maximum annual tax
2930 credit amount that the department may approve for a state fiscal
2931 year.
2932 (h)(p) “Unweighted FTE funding amount” means the statewide
2933 average total funds per unweighted full-time equivalent funding
2934 amount that is incorporated by reference in the General
2935 Appropriations Act, or any subsequent special appropriations
2936 act, for the applicable state fiscal year.
2937 (3) PROGRAM; INITIAL SCHOLARSHIP ELIGIBILITY.—
2938 (a) The Florida Tax Credit Scholarship Program is
2939 established.
2940 (b)1. A student is eligible for a Florida tax credit
2941 scholarship under this section if the student:
2942 (a)a. Is a resident of this state or the dependent child of
2943 an active duty member of the United States Armed Forces who has
2944 received permanent change of station orders to this state or, at
2945 the time of renewal, whose home of record or state of legal
2946 residence is Florida; and
2947 (b)b. Is eligible to enroll in kindergarten through grade
2948 12 in a public school in this state or received a scholarship
2949 under the former Hope Scholarship Program in the 2023-2024
2950 school year.
2951 2. Priority must be given in the following order:
2952 a. A student whose household income level does not exceed
2953 185 percent of the federal poverty level or who is in foster
2954 care or out-of-home care.
2955 b. A student whose household income level exceeds 185
2956 percent of the federal poverty level, but does not exceed 400
2957 percent of the federal poverty level.
2958 (4) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
2959 a scholarship while he or she is:
2960 (a) Enrolled full time in a public school, including, but
2961 not limited to, the Florida School for the Deaf and the Blind,
2962 the College-Preparatory Boarding Academy, the Florida Virtual
2963 School, the Florida Scholars Academy, a developmental research
2964 school authorized under s. 1002.32, or a charter school
2965 authorized under this chapter. For purposes of this paragraph, a
2966 3- or 4-year-old child who receives services funded through the
2967 Florida Education Finance Program is considered a student
2968 enrolled full time in a public school;
2969 (b) Enrolled in a school operating for the purpose of
2970 providing educational services to youth in a Department of
2971 Juvenile Justice commitment program;
2972 (c) Receiving any other educational scholarship pursuant to
2973 this chapter. However, an eligible public school student
2974 receiving a scholarship under s. 1002.411 may receive a stipend
2975 for transportation pursuant to s. 1002.31(7);
2976 (d) Not having regular and direct contact with his or her
2977 private school teachers pursuant to s. 1002.421(9)(i) s.
2978 1002.421(1)(i) unless he or she is enrolled in a personalized
2979 education program;
2980 (e) Participating in a home education program as defined in
2981 s. 1002.01(1);
2982 (f) Participating in a private tutoring program pursuant to
2983 s. 1002.43 unless he or she is enrolled in a personalized
2984 education program; or
2985 (g) Participating in virtual instruction pursuant to s.
2986 1002.455 that receives state funding pursuant to the student’s
2987 participation.
2988 (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
2989 ORGANIZATIONS.—An eligible nonprofit scholarship-funding
2990 organization:
2991 (a) Must comply with the antidiscrimination provisions of
2992 42 U.S.C. s. 2000d.
2993 (b) Must comply with the following background check
2994 requirements:
2995 1. All owners and operators as defined in subparagraph
2996 (2)(k)1. are, before employment or engagement to provide
2997 services, subject to level 2 background screening as provided
2998 under chapter 435. The fingerprints for the background screening
2999 must be electronically submitted to the Department of Law
3000 Enforcement and can be taken by an authorized law enforcement
3001 agency or by an employee of the eligible nonprofit scholarship
3002 funding organization or a private company who is trained to take
3003 fingerprints. However, the complete set of fingerprints of an
3004 owner or operator may not be taken by the owner or operator. The
3005 results of the state and national criminal history check shall
3006 be provided to the Department of Education for screening under
3007 chapter 435. The cost of the background screening may be borne
3008 by the eligible nonprofit scholarship-funding organization or
3009 the owner or operator.
3010 2. Every 5 years following employment or engagement to
3011 provide services or association with an eligible nonprofit
3012 scholarship-funding organization, each owner or operator must
3013 meet level 2 screening standards as described in s. 435.04, at
3014 which time the nonprofit scholarship-funding organization shall
3015 request the Department of Law Enforcement to forward the
3016 fingerprints to the Federal Bureau of Investigation for level 2
3017 screening. If the fingerprints of an owner or operator are not
3018 retained by the Department of Law Enforcement under subparagraph
3019 3., the owner or operator must electronically file a complete
3020 set of fingerprints with the Department of Law Enforcement. Upon
3021 submission of fingerprints for this purpose, the eligible
3022 nonprofit scholarship-funding organization shall request that
3023 the Department of Law Enforcement forward the fingerprints to
3024 the Federal Bureau of Investigation for level 2 screening, and
3025 the fingerprints shall be retained by the Department of Law
3026 Enforcement under subparagraph 3.
3027 3. Fingerprints submitted to the Department of Law
3028 Enforcement as required by this paragraph must be retained by
3029 the Department of Law Enforcement in a manner approved by rule
3030 and entered in the statewide automated biometric identification
3031 system authorized by s. 943.05(2)(b). The fingerprints must
3032 thereafter be available for all purposes and uses authorized for
3033 arrest fingerprints entered in the statewide automated biometric
3034 identification system pursuant to s. 943.051.
3035 4. The Department of Law Enforcement shall search all
3036 arrest fingerprints received under s. 943.051 against the
3037 fingerprints retained in the statewide automated biometric
3038 identification system under subparagraph 3. Any arrest record
3039 that is identified with an owner’s or operator’s fingerprints
3040 must be reported to the Department of Education. The Department
3041 of Education shall participate in this search process by paying
3042 an annual fee to the Department of Law Enforcement and by
3043 informing the Department of Law Enforcement of any change in the
3044 employment, engagement, or association status of the owners or
3045 operators whose fingerprints are retained under subparagraph 3.
3046 The Department of Law Enforcement shall adopt a rule setting the
3047 amount of the annual fee to be imposed upon the Department of
3048 Education for performing these services and establishing the
3049 procedures for the retention of owner and operator fingerprints
3050 and the dissemination of search results. The fee may be borne by
3051 the owner or operator of the nonprofit scholarship-funding
3052 organization.
3053 5. A nonprofit scholarship-funding organization whose owner
3054 or operator fails the level 2 background screening is not
3055 eligible to provide scholarships under this section.
3056 6. A nonprofit scholarship-funding organization whose owner
3057 or operator in the last 7 years has filed for personal
3058 bankruptcy or corporate bankruptcy in a corporation of which he
3059 or she owned more than 20 percent shall not be eligible to
3060 provide scholarships under this section.
3061 7. In addition to the offenses listed in s. 435.04, a
3062 person required to undergo background screening pursuant to this
3063 part or authorizing statutes must not have an arrest awaiting
3064 final disposition for, must not have been found guilty of, or
3065 entered a plea of nolo contendere to, regardless of
3066 adjudication, and must not have been adjudicated delinquent, and
3067 the record must not have been sealed or expunged for, any of the
3068 following offenses or any similar offense of another
3069 jurisdiction:
3070 a. Any authorizing statutes, if the offense was a felony.
3071 b. This chapter, if the offense was a felony.
3072 c. Section 409.920, relating to Medicaid provider fraud.
3073 d. Section 409.9201, relating to Medicaid fraud.
3074 e. Section 741.28, relating to domestic violence.
3075 f. Section 817.034, relating to fraudulent acts through
3076 mail, wire, radio, electromagnetic, photoelectronic, or
3077 photooptical systems.
3078 g. Section 817.234, relating to false and fraudulent
3079 insurance claims.
3080 h. Section 817.505, relating to patient brokering.
3081 i. Section 817.568, relating to criminal use of personal
3082 identification information.
3083 j. Section 817.60, relating to obtaining a credit card
3084 through fraudulent means.
3085 k. Section 817.61, relating to fraudulent use of credit
3086 cards, if the offense was a felony.
3087 l. Section 831.01, relating to forgery.
3088 m. Section 831.02, relating to uttering forged instruments.
3089 n. Section 831.07, relating to forging bank bills, checks,
3090 drafts, or promissory notes.
3091 o. Section 831.09, relating to uttering forged bank bills,
3092 checks, drafts, or promissory notes.
3093 p. Section 831.30, relating to fraud in obtaining medicinal
3094 drugs.
3095 q. Section 831.31, relating to the sale, manufacture,
3096 delivery, or possession with the intent to sell, manufacture, or
3097 deliver any counterfeit controlled substance, if the offense was
3098 a felony.
3099 (b)(c) Must not have an owner or operator, as defined in
3100 subparagraph (2)(k)1., who owns or operates an eligible private
3101 school that is participating in the scholarship program.
3102 (c)(d)1. For the 2023-2024 school year, may fund no more
3103 than 20,000 scholarships for students who are enrolled pursuant
3104 to subsection (7) paragraph (7)(b). The number of scholarships
3105 funded for such students may increase by 40,000 in each
3106 subsequent school year. This paragraph subparagraph is repealed
3107 July 1, 2027.
3108 2. Shall establish a process for parents who are in
3109 compliance with paragraph (7)(a) to renew their students’
3110 scholarships. Renewal applications for the 2025-2026 school year
3111 and thereafter must provide for a renewal timeline beginning
3112 February 1 of the prior school year and ending April 30 of the
3113 prior school year. A student’s renewal is contingent upon an
3114 eligible private school providing confirmation of admission
3115 pursuant to subsection (8). The process must require that
3116 parents confirm that the scholarship is being renewed or
3117 declined by May 31.
3118 3. Shall establish a process that allows a parent to apply
3119 for a new scholarship. The process must be in a manner that
3120 creates a written or electronic record of the application
3121 request and the date of receipt of the application request. The
3122 process must require that parents confirm that the scholarship
3123 is being accepted or declined by a date set by the organization.
3124 4. Must establish and maintain separate scholarship
3125 accounts from eligible contributions for each eligible student.
3126 For each account, the organization must maintain a record of
3127 accrued interest retained in the student’s account. The
3128 organization
3129 (d) Must verify that scholarship funds are used for:
3130 1.a. Tuition and fees for full-time or part-time enrollment
3131 in an eligible private school.
3132 2.b. Instructional materials, including digital materials,
3133 digital devices, and Internet resources.
3134 3.c. Curriculum as defined in s. 1002.394(2).
3135 4.d. Tuition and fees associated with full-time or part
3136 time enrollment in a home education instructional program that
3137 meets all of the following requirements:
3138 a. Provides educational courses or activities.
3139 b. Has a publicly available description of courses and
3140 activities.
3141 c. Has a tuition and fee schedule.
3142 d. Makes the tuition and fees payable to a registered
3143 business entity.
3144 5. Tuition and fees associated with full-time or part-time
3145 enrollment in; an eligible postsecondary educational institution
3146 or a program offered by the postsecondary educational
3147 institution, unless the program is subject to s. 1009.25 or
3148 reimbursed pursuant to s. 1009.30; an approved preapprenticeship
3149 program as defined in s. 446.021(5) which is not subject to s.
3150 1009.25 and complies with all applicable requirements of the
3151 Department of Education pursuant to chapter 1005; a private
3152 tutoring program authorized under s. 1002.43; a virtual program
3153 offered by a department-approved private online provider that
3154 meets the provider qualifications specified in s. 1002.45(2)(a);
3155 the Florida Virtual School as a private paying student; or an
3156 approved online course offered pursuant to s. 1003.499 or s.
3157 1004.0961.
3158 6.e. Fees for nationally standardized, norm-referenced
3159 achievement tests, Advanced Placement Examinations, industry
3160 certification examinations, assessments related to postsecondary
3161 education, or other assessments.
3162 7.f. Contracted services provided by a public school or
3163 school district, including classes. A student who receives
3164 contracted services under this subparagraph sub-subparagraph is
3165 not considered enrolled in a public school for eligibility
3166 purposes as specified in subsection (9) (11) but rather
3167 attending a public school on a part-time basis as authorized
3168 under s. 1002.44.
3169 8.g. Tuition and fees for part-time tutoring services or
3170 fees for services provided by a choice navigator. Such services
3171 must be provided by a person who holds a valid Florida
3172 educator’s certificate pursuant to s. 1012.56, a person who
3173 holds an adjunct teaching certificate pursuant to s. 1012.57, a
3174 person who has a bachelor’s degree or a graduate degree in the
3175 subject area or related subject area in which instruction is
3176 given, a person who has demonstrated a mastery of subject area
3177 knowledge pursuant to s. 1012.56(5), or a person certified by a
3178 nationally or internationally recognized research-based training
3179 program as approved by the Department of Education. As used in
3180 this paragraph, the term “part-time tutoring services” does not
3181 qualify as regular school attendance as defined in s.
3182 1003.01(16)(e).
3183 9. Membership dues and related activity fees for
3184 participation in career and technical student organizations.
3185 (e) For students determined eligible pursuant to subsection
3186 (7) paragraph (7)(b), must:
3187 1. Establish a process for parents who are in compliance
3188 with subparagraph (7)(b)1. to apply for a new scholarship. New
3189 scholarship applications for the 2025-2026 school year and
3190 thereafter must provide for an application timeline beginning
3191 February 1 of the prior school year and ending April 30 of the
3192 prior school year. The process must require that parents confirm
3193 that the scholarship is being accepted or declined by May 31.
3194 2. Establish a process for parents who are in compliance
3195 with paragraph (7)(b) to renew their students’ scholarships.
3196 Renewal scholarship applications for the 2025-2026 school year
3197 and thereafter must provide for a renewal timeline beginning
3198 February 1 of the prior school year and ending April 30 of the
3199 prior school year. The process must require that parents confirm
3200 that the scholarship is being renewed or declined by May 31.
3201 1.3. Maintain a signed agreement from the parent which
3202 constitutes compliance with the attendance requirements under
3203 ss. 1003.01(16) and 1003.21(1).
3204 2.4. Receive eligible student test scores and, beginning
3205 with the 2027-2028 school year, by August 15, annually report
3206 test scores for students pursuant to subsection (7) paragraph
3207 (7)(b) to a state university pursuant to paragraph (8)(d)
3208 (9)(f).
3209 3.5. Provide parents with information, guidance, and
3210 support to create and annually update a student learning plan
3211 for their student. The organization must maintain the plan and
3212 allow parents to electronically submit, access, and revise the
3213 plan continuously.
3214 4.6. Upon submission by the parent of an annual student
3215 learning plan, fund a scholarship for a student determined
3216 eligible.
3217 (f) Must give first priority to eligible renewal students
3218 who received a scholarship from an eligible nonprofit
3219 scholarship-funding organization during the previous school
3220 year. The eligible nonprofit scholarship-funding organization
3221 must fully apply and exhaust all funds available under this
3222 section for renewal scholarship awards before awarding any
3223 initial scholarships.
3224 (g) Must provide a new scholarship to an eligible student
3225 on a first-come, first-served basis unless the student is
3226 seeking priority eligibility pursuant to subsection (3).
3227 (g)(h) Must refer any student eligible for a scholarship
3228 pursuant to this section who did not receive a renewal or
3229 initial scholarship based solely on the lack of available funds
3230 under this section to another eligible nonprofit scholarship
3231 funding organization that may have funds available.
3232 (i) May not restrict or reserve scholarships for use at a
3233 particular eligible private school or provide scholarships to a
3234 child of an owner or operator as defined in subparagraph
3235 (2)(k)1.
3236 (j) Must allow a student in foster care or out-of-home care
3237 or a dependent child of a parent who is a member of the United
3238 States Armed Forces to apply for a scholarship at any time.
3239 (h)(k) Must allow an eligible student to attend any
3240 eligible private school and must allow a parent to transfer a
3241 scholarship during a school year to any other eligible private
3242 school of the parent’s choice.
3243 (i)1.(l)1. May use eligible contributions received pursuant
3244 to this section and ss. 212.099, 212.1831, and 212.1832 during
3245 the state fiscal year in which such contributions are collected
3246 for administrative expenses if the organization has operated as
3247 an eligible nonprofit scholarship-funding organization for at
3248 least the preceding 3 fiscal years and did not have any findings
3249 of material weakness or material noncompliance in its most
3250 recent audit under paragraph (k) (o) or is in good standing in
3251 each state in which it administers a scholarship program and the
3252 audited financial statements for the preceding 3 fiscal years
3253 are free of material misstatements and going concern issues.
3254 Administrative expenses from eligible contributions may not
3255 exceed 2 3 percent of the total amount of all scholarships and
3256 stipends funded by an eligible scholarship-funding organization
3257 under this chapter. Such administrative expenses must be
3258 reasonable and necessary for the organization’s management and
3259 distribution of scholarships funded under this chapter.
3260 Administrative expenses may include developing or contracting
3261 with rideshare programs or facilitating carpool strategies for
3262 recipients of a transportation stipend under s. 1002.31(7). No
3263 funds authorized under this subparagraph shall be used for
3264 lobbying or political activity or expenses related to lobbying
3265 or political activity. Up to one-third of the funds authorized
3266 for administrative expenses under this subparagraph may be used
3267 for expenses related to the recruitment of contributions from
3268 taxpayers. An eligible nonprofit scholarship-funding
3269 organization may not charge an application fee.
3270 2. Must expend for annual or partial-year scholarships 100
3271 percent of any eligible contributions from the prior fiscal
3272 year.
3273 3. Must expend for annual or partial-year scholarships an
3274 amount equal to or greater than 75 percent of all net eligible
3275 contributions, as defined in subsection (2), remaining after
3276 administrative expenses during the state fiscal year in which
3277 such eligible contributions are collected. No more than 25
3278 percent of such net eligible contributions may be carried
3279 forward to the following state fiscal year. All amounts carried
3280 forward, for audit purposes, must be specifically identified for
3281 particular students, by student name and the name of the school
3282 to which the student is admitted, subject to the requirements of
3283 ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, and the
3284 applicable rules and regulations issued pursuant thereto. Any
3285 amounts carried forward shall be expended for annual or partial
3286 year scholarships in the following state fiscal year. Eligible
3287 contributions remaining on June 30 of each year that are in
3288 excess of the 25 percent that may be carried forward shall be
3289 used to provide scholarships to eligible students or transferred
3290 to other eligible nonprofit scholarship-funding organizations to
3291 provide scholarships for eligible students. All transferred
3292 funds must be deposited by each eligible nonprofit scholarship
3293 funding organization receiving such funds into its scholarship
3294 account. All transferred amounts received by any eligible
3295 nonprofit scholarship-funding organization must be separately
3296 disclosed in the annual financial audit required under paragraph
3297 (k) (o).
3298 4. Must, before granting a scholarship for an academic
3299 year, document each scholarship student’s eligibility for that
3300 academic year. A scholarship-funding organization may not grant
3301 multiyear scholarships in one approval process.
3302 (m) Must maintain separate accounts for scholarship funds
3303 and operating funds.
3304 (j)(n) With the prior approval of the Department of
3305 Education, may transfer funds to another eligible nonprofit
3306 scholarship-funding organization if additional funds are
3307 required to meet scholarship demand at the receiving nonprofit
3308 scholarship-funding organization. A transfer is limited to the
3309 greater of $500,000 or 20 percent of the total contributions
3310 received by the nonprofit scholarship-funding organization
3311 making the transfer. All transferred funds must be deposited by
3312 the receiving nonprofit scholarship-funding organization into
3313 its scholarship accounts. All transferred amounts received by
3314 any nonprofit scholarship-funding organization must be
3315 separately disclosed in the annual financial and compliance
3316 audit required in this section.
3317 (k)(o) Must provide to the Auditor General and the
3318 Department of Education access to its accounts and records and a
3319 report on the results of an annual financial audit of its
3320 accounts and records conducted by an independent certified
3321 public accountant in accordance with auditing standards
3322 generally accepted in the United States, government auditing
3323 standards, and rules promulgated by the Auditor General. The
3324 audit report must include a report on financial statements
3325 presented in accordance with generally accepted accounting
3326 principles. Audit reports must be provided to the Auditor
3327 General and the Department of Education within 180 days after
3328 completion of the eligible nonprofit scholarship-funding
3329 organization’s fiscal year. The Auditor General shall review all
3330 audit reports submitted pursuant to this paragraph. The Auditor
3331 General shall request any significant items that were omitted in
3332 violation of a rule adopted by the Auditor General. The items
3333 must be provided within 45 days after the date of the request.
3334 If the scholarship-funding organization does not comply with the
3335 Auditor General’s request, the Auditor General shall notify the
3336 Legislative Auditing Committee.
3337 (p) Must prepare and submit quarterly reports to the
3338 Department of Education pursuant to paragraph (9)(i). In
3339 addition, an eligible nonprofit scholarship-funding organization
3340 must submit in a timely manner the verified list of eligible
3341 scholarship students and any information requested by the
3342 Department of Education relating to the scholarship program.
3343 (l)1.a.(q)1.a. Must participate in the joint development of
3344 agreed-upon procedures during the 2009-2010 state fiscal year.
3345 The agreed-upon procedures must uniformly apply to all private
3346 schools and must determine, at a minimum, whether the private
3347 school has been verified as eligible by the Department of
3348 Education under s. 1002.421; has an adequate accounting system,
3349 system of financial controls, and process for deposit and
3350 classification of scholarship funds; and has properly expended
3351 scholarship funds for education-related expenses. During the
3352 development of the procedures, the participating scholarship
3353 funding organizations shall specify guidelines governing the
3354 materiality of exceptions that may be found during the
3355 accountant’s performance of the procedures. The procedures and
3356 guidelines shall be provided to private schools and the
3357 Commissioner of Education by March 15, 2011.
3358 b. Must participate in a joint review of the agreed-upon
3359 procedures and guidelines developed under sub-subparagraph a.,
3360 by February of each biennium, if the scholarship-funding
3361 organization provided more than $250,000 in scholarship funds
3362 under this chapter during the state fiscal year preceding the
3363 biennial review. If the procedures and guidelines are revised,
3364 the revisions must be provided to private schools and the
3365 Commissioner of Education by March 15 of the year in which the
3366 revisions were completed. The revised agreed-upon procedures and
3367 guidelines shall take effect the subsequent school year.
3368 c. Must monitor the compliance of a participating private
3369 school with s. 1002.421(9)(p) s. 1002.421(1)(q) if the
3370 scholarship-funding organization provided the majority of the
3371 scholarship funding to the school. For each participating
3372 private school subject to s. 1002.421(9)(p) s. 1002.421(1)(q),
3373 the appropriate scholarship-funding organization shall annually
3374 notify the Commissioner of Education by October 30 of:
3375 (I) A private school’s failure to submit a report required
3376 under s. 1002.421(9)(p) s. 1002.421(1)(q); or
3377 (II) Any material exceptions set forth in the report
3378 required under s. 1002.421(9)(p) s. 1002.421(1)(q).
3379 2. Must seek input from the accrediting associations that
3380 are members of the Florida Association of Academic Nonpublic
3381 Schools and the Department of Education when jointly developing
3382 the agreed-upon procedures and guidelines under sub-subparagraph
3383 1.a. and conducting a review of those procedures and guidelines
3384 under sub-subparagraph 1.b.
3385 (m)(r) Must maintain the surety bond or letter of credit
3386 required by subsection (13) (15). The amount of the surety bond
3387 or letter of credit may be adjusted quarterly to equal the
3388 actual amount of undisbursed funds based upon submission by the
3389 organization of a statement from a certified public accountant
3390 verifying the amount of undisbursed funds. The requirements of
3391 this paragraph are waived if the cost of acquiring a surety bond
3392 or letter of credit exceeds the average 10-year cost of
3393 acquiring a surety bond or letter of credit by 200 percent. The
3394 requirements of this paragraph are waived for a state
3395 university; or an independent college or university which is
3396 eligible to participate in the William L. Boyd, IV, Effective
3397 Access to Student Education Grant Program, located and chartered
3398 in this state, is not for profit, and is accredited by the
3399 Commission on Colleges of the Southern Association of Colleges
3400 and Schools.
3401 (n)(s) Must provide to the Auditor General any information
3402 or documentation requested in connection with an operational
3403 audit of a scholarship-funding organization conducted pursuant
3404 to s. 11.45.
3405 (o)1.(t)1. Must develop a purchasing handbook that includes
3406 policies for authorized uses of scholarship funds under
3407 paragraph (d) and s. 1002.394(4)(a). The handbook must include,
3408 at a minimum, a routinely updated list of prohibited items and
3409 services, and items or services that require preauthorization or
3410 additional documentation. Annually, by August 1, 2024, and by
3411 each July 1 thereafter, the purchasing handbook must be provided
3412 to the Commissioner of Education and published on the eligible
3413 nonprofit scholarship-funding organization’s website. Any
3414 revisions must be provided to the commissioner and published on
3415 the organization’s website within 30 days after such revisions.
3416 2. The organization shall assist the Florida Center for
3417 Students with Unique Abilities established under s. 1004.6495
3418 with the development of purchasing guidelines, which must
3419 include a routinely updated list of prohibited items and
3420 services, and items or services for which preauthorization or
3421 additional documentation is required, for authorized uses of
3422 scholarship funds under s. 1002.394(4)(b) and publish the
3423 guidelines on the organization’s website. Any approval or denial
3424 of items and services must be consistent with the purchasing
3425 guidelines developed by the center.
3426 3. If the organization fails to submit the purchasing
3427 handbook required by subparagraph 1., the Department of
3428 Education may assess a financial penalty, not to exceed $10,000,
3429 as prescribed by State Board of Education rule. This
3430 subparagraph expires July 1, 2026.
3431 (p)(u) May permit eligible students to use program funds
3432 for the purposes specified in paragraph (d), as authorized in
3433 the organization’s purchasing handbook, by paying for the
3434 authorized use directly, then submitting a reimbursement request
3435 to the eligible nonprofit scholarship-funding organization.
3436 However, an eligible nonprofit scholarship-funding organization
3437 may require the use of an online platform for direct purchases
3438 of products so long as such use does not limit a parent’s choice
3439 of curriculum or academic programs. If a parent purchases a
3440 product identical to one offered by an organization’s online
3441 platform for a lower price, the organization shall reimburse the
3442 parent the cost of the product.
3443 (v) Must notify each parent that participation in the
3444 scholarship program does not guarantee enrollment.
3445 (w) Shall commit scholarship funds on behalf of the student
3446 for tuition and fees for which the parent is responsible for
3447 payment at the participating private school before using
3448 scholarship account funds for additional authorized uses under
3449 paragraph (d).
3450 (q)(x) Beginning September 30, 2023, Must submit to the
3451 department quarterly reports that provide the estimated and
3452 actual amounts of the net eligible contributions, as defined in
3453 subsection (2), and all funds carried forward from the prior
3454 state fiscal year.
3455 (r)(y) Must establish a process to collect input and
3456 feedback from parents, private schools, and providers before
3457 implementing substantial modifications or enhancements to the
3458 reimbursement process.
3459
3460 Information and documentation provided to the Department of
3461 Education and the Auditor General relating to the identity of a
3462 taxpayer that provides an eligible contribution under this
3463 section shall remain confidential at all times in accordance
3464 with s. 213.053.
3465 (7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
3466 PARTICIPATION.—
3467 (a) A parent who applies for a scholarship whose student
3468 will be enrolled full time in an eligible private school must:
3469 1. Select an eligible private school and apply for the
3470 admission of his or her child.
3471 2. Request the scholarship by the date established by the
3472 organization in a manner that creates a written or electronic
3473 record of the request and the date of receipt of the request.
3474 3.a. Beginning with new applications for the 2025-2026
3475 school year and thereafter, notify the organization by a date
3476 set by the organization that the scholarship is being accepted
3477 or declined.
3478 b. Beginning with renewal applications for the 2025-2026
3479 school year and thereafter, notify the organization by May 31
3480 that the scholarship is being renewed or declined.
3481 4. Inform the applicable school district when the parent
3482 withdraws his or her student from a public school to attend an
3483 eligible private school.
3484 5. Require his or her student participating in the program
3485 to remain in attendance at the eligible private school
3486 throughout the school year unless excused by the school for
3487 illness or other good cause and comply with the private school’s
3488 published policies.
3489 6. Meet with the eligible private school’s principal or the
3490 principal’s designee to review the school’s academic programs
3491 and policies, specialized services, code of student conduct, and
3492 attendance policies before enrollment.
3493 7. Require his or her student participating in the program
3494 to take the norm-referenced assessment offered by the
3495 participating private school. The parent may also choose to have
3496 the student participate in the statewide assessments pursuant to
3497 s. 1008.22. If the parent requests that the student
3498 participating in the program take statewide assessments pursuant
3499 to s. 1008.22 and the participating private school has not
3500 chosen to offer and administer the statewide assessments, the
3501 parent is responsible for transporting the student to the
3502 assessment site designated by the school district.
3503 8. Approve each payment before the scholarship funds may be
3504 deposited by funds transfer. The parent may not designate any
3505 entity or individual associated with the participating private
3506 school as the parent’s attorney in fact to approve a funds
3507 transfer. A participant who fails to comply with this paragraph
3508 forfeits the scholarship.
3509 9. Authorize the nonprofit scholarship-funding organization
3510 to access information needed for income eligibility
3511 determination and verification held by other state or federal
3512 agencies, including the Department of Revenue, the Department of
3513 Children and Families, the Department of Education, the
3514 Department of Commerce, and the Agency for Health Care
3515 Administration, for students seeking priority eligibility.
3516 10. Agree to have the organization commit scholarship funds
3517 on behalf of his or her student for tuition and fees for which
3518 the parent is responsible for payment at the participating
3519 private school before using scholarship account funds for
3520 additional authorized uses under paragraph (6)(d). A parent is
3521 responsible for all eligible expenses in excess of the amount of
3522 the scholarship.
3523 11. Comply with the scholarship application and renewal
3524 processes and requirements established by the organization.
3525 (b) A parent whose student is participating in the
3526 personalized education program and will not be enrolled full
3527 time in a public or private school must:
3528 1. Apply to an eligible nonprofit scholarship-funding
3529 organization to participate in the program as a personalized
3530 education student by a date set by the organization. The request
3531 must be communicated directly to the organization in a manner
3532 that creates a written or electronic record of the request and
3533 the date of receipt of the request. Beginning with new and
3534 renewal applications for the 2025-2026 school year and
3535 thereafter, a parent must notify the organization by May 31 that
3536 the scholarship is being accepted, renewed, or declined.
3537 2. sign an agreement with the organization and annually
3538 submit a sworn compliance statement to the organization to
3539 satisfy or maintain program eligibility, including eligibility
3540 to receive and spend program payments, by:
3541 (a)a. Affirming that the program funds are used only for
3542 authorized purposes serving the student’s educational needs, as
3543 described in paragraph (6)(d), and that they will not receive a
3544 payment, refund, or rebate of any funds provided under this
3545 section.
3546 (b) If the student is enrolled in Florida Virtual School as
3547 a private paying student, agreeing to have the organization
3548 commit scholarship funds on behalf of his or her student for
3549 tuition and fees for which the parent is responsible for payment
3550 to the Florida Virtual School before using scholarship account
3551 funds for additional uses under paragraph (6)(d).
3552 (c)b. Affirming that the parent is responsible for all
3553 eligible expenses in excess of the amount of the scholarship and
3554 for the education of his or her student.
3555 (d)c. Submitting a student learning plan to the
3556 organization and revising the plan at least annually before
3557 program renewal.
3558 (e)d. Requiring his or her student to take a nationally
3559 norm-referenced test identified by the Department of Education,
3560 or a statewide assessment under s. 1008.22, and provide
3561 assessment results to the organization before the student’s
3562 program renewal.
3563 e. Complying with the scholarship application and renewal
3564 processes and requirements established by the organization. A
3565 student whose participation in the program is not renewed may
3566 continue to spend scholarship funds that are in his or her
3567 account from prior years unless the account must be closed
3568 pursuant to s. 1002.394(5)(a)2.
3569 (f)f. Procuring the services necessary to educate the
3570 student. When the student receives a scholarship, the district
3571 school board is not obligated to provide the student with a free
3572 appropriate public education.
3573
3574 For purposes of this subsection paragraph, full-time enrollment
3575 does not include enrollment at a private school that addresses
3576 regular and direct contact with teachers through the student
3577 learning plan in accordance with s. 1002.421(9)(i) s.
3578 1002.421(1)(i).
3579 (c) A parent may not apply for multiple scholarships under
3580 this section and s. 1002.394 for an individual student at the
3581 same time.
3582
3583 An eligible nonprofit scholarship-funding organization may not
3584 further regulate, exercise control over, or require
3585 documentation beyond the requirements of this subsection unless
3586 the regulation, control, or documentation is necessary for
3587 participation in the program.
3588 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
3589 private school may be sectarian or nonsectarian and must:
3590 (a) Comply with all requirements for private schools
3591 participating in state school choice scholarship programs
3592 pursuant to s. 1002.421.
3593 (b) Provide to the organization all documentation required
3594 for a student’s participation, including confirmation of the
3595 student’s admission to the private school, the private school’s
3596 and student’s fee schedules, and any other information required
3597 by the organization to process scholarship payment pursuant to
3598 paragraph (11)(c). Such information must be provided by the
3599 deadlines established by the organization and in accordance with
3600 the requirements of this section. A student is not eligible to
3601 receive a quarterly scholarship payment if the private school
3602 fails to meet the deadline.
3603 (c)1. Annually administer or make provision for students
3604 participating in the scholarship program in grades 3 through 10
3605 to take one of the nationally norm-referenced tests identified
3606 by the department or the statewide assessments pursuant to s.
3607 1008.22. Students with disabilities for whom standardized
3608 testing is not appropriate are exempt from this requirement. A
3609 participating private school must report a student’s scores to
3610 the parent. A participating private school must annually report
3611 by August 15 the scores of all participating students to a state
3612 university described in paragraph (9)(f).
3613 2. Administer the statewide assessments pursuant to s.
3614 1008.22 if a participating private school chooses to offer the
3615 statewide assessments. A participating private school may choose
3616 to offer and administer the statewide assessments to all
3617 students who attend the participating private school in grades 3
3618 through 10 and must submit a request in writing to the
3619 Department of Education by March 1 of each year in order to
3620 administer the statewide assessments in the subsequent school
3621 year.
3622
3623 If a participating private school fails to meet the requirements
3624 of this subsection or s. 1002.421, the commissioner may
3625 determine that the participating private school is ineligible to
3626 participate in the scholarship program.
3627 (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
3628 Education shall:
3629 (a) Annually submit to the department and division, by
3630 March 15, a list of eligible nonprofit scholarship-funding
3631 organizations that meet the requirements of paragraph (2)(f)
3632 (2)(g).
3633 (b) Annually verify the eligibility of nonprofit
3634 scholarship-funding organizations that meet the requirements of
3635 paragraph (2)(f) (2)(g).
3636 (c) Annually verify the eligibility of expenditures as
3637 provided in paragraph (6)(d) or paragraph (6)(i) using the audit
3638 required by paragraph (6)(k) (6)(o).
3639 (d) Notify eligible nonprofit scholarship-funding
3640 organizations of the deadlines for submitting the verified list
3641 of eligible scholarship students; cross-check the verified list
3642 with the public school enrollment lists to avoid duplication;
3643 and, when the Florida Education Finance Program is recalculated,
3644 adjust the amount of state funds allocated to school districts
3645 through the Florida Education Finance Program based upon the
3646 results of the cross-check.
3647 (e) Maintain and annually publish a list of nationally
3648 norm-referenced tests identified for purposes of satisfying the
3649 testing requirement in subparagraph (8)(c)1. The tests must meet
3650 industry standards of quality in accordance with State Board of
3651 Education rule.
3652 (f) Issue a project grant award to a state university, to
3653 which participating private schools and eligible nonprofit
3654 scholarship-funding organizations must report the scores of
3655 participating students on the nationally norm-referenced tests
3656 or the statewide assessments administered in grades 3 through
3657 10. The project term is 2 years, and the amount of the project
3658 is up to $250,000 per year. The project grant award must be
3659 reissued in 2-year intervals in accordance with this paragraph.
3660 1. The state university must annually report to the
3661 Department of Education on the student performance of
3662 participating students and, beginning with the 2027-2028 school
3663 year, on the performance of personalized education students:
3664 a. On a statewide basis. The report shall also include, to
3665 the extent possible, a comparison of scholarship students’
3666 performance to the statewide student performance of public
3667 school students with socioeconomic backgrounds similar to those
3668 of students participating in the scholarship program. To
3669 minimize costs and reduce time required for the state
3670 university’s analysis and evaluation, the Department of
3671 Education shall coordinate with the state university to provide
3672 data to the state university in order to conduct analyses of
3673 matched students from public school assessment data and
3674 calculate control group student performance using an agreed-upon
3675 methodology with the state university; and
3676 b. On an individual school basis for students enrolled full
3677 time in a private school. The annual report must include student
3678 performance for each participating private school in which
3679 enrolled students in the private school participated in a
3680 scholarship program under this section or s. 1002.394(12)(a) in
3681 the prior school year. The report shall be according to each
3682 participating private school, and for participating students, in
3683 which there are at least 30 participating students who have
3684 scores for tests administered. If the state university
3685 determines that the 30-participating-student cell size may be
3686 reduced without disclosing personally identifiable information,
3687 as described in 34 C.F.R. s. 99.12, of a participating student,
3688 the state university may reduce the participating-student cell
3689 size, but the cell size must not be reduced to less than 10
3690 participating students. The department shall provide each
3691 participating private school’s prior school year’s student
3692 enrollment information to the state university no later than
3693 June 15 of each year, or as requested by the state university.
3694 2. The sharing and reporting of student performance data
3695 under this paragraph must be in accordance with requirements of
3696 ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, the Family
3697 Educational Rights and Privacy Act, and the applicable rules and
3698 regulations issued pursuant thereto, and shall be for the sole
3699 purpose of creating the annual report required by subparagraph
3700 1. All parties must preserve the confidentiality of such
3701 information as required by law. The annual report must not
3702 disaggregate data to a level that will identify individual
3703 participating schools, except as required under sub-subparagraph
3704 1.b., or disclose the academic level of individual students.
3705 3. The annual report required by subparagraph 1. shall be
3706 published by the Department of Education on its website.
3707 (g) Notify an eligible nonprofit scholarship-funding
3708 organization of any of the organization’s identified students
3709 who are receiving educational scholarships pursuant to this
3710 chapter.
3711 (h) Notify an eligible nonprofit scholarship-funding
3712 organization of any of the organization’s identified students
3713 who are receiving tax credit scholarships from other eligible
3714 nonprofit scholarship-funding organizations.
3715 (i) Require quarterly reports by an eligible nonprofit
3716 scholarship-funding organization regarding the number of
3717 students participating in the program; the private schools at
3718 which the students are enrolled; the number of scholarship
3719 applications received, the number of applications processed
3720 within 30 days after receipt, and the number of incomplete
3721 applications received; data related to reimbursement
3722 submissions, including the average number of days for a
3723 reimbursement to be reviewed and the average number of days for
3724 a reimbursement to be approved; any parent input and feedback
3725 collected regarding the program; and any other information
3726 deemed necessary by the Department of Education.
3727 (e)(j) Provide a process to match the direct certification
3728 list with the scholarship application data submitted by any
3729 nonprofit scholarship-funding organization eligible to receive
3730 the 3 percent 3-percent administrative allowance under paragraph
3731 (6)(i) (6)(l).
3732 (f)(k) Notify each school district of the full-time
3733 equivalent student consensus estimate of scholarship students
3734 developed pursuant to s. 216.136(4)(a).
3735 (10) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
3736 (a) Upon the request of any eligible nonprofit scholarship
3737 funding organization, a school district shall inform all
3738 households within the district receiving free or reduced-priced
3739 meals under the National School Lunch Act of their eligibility
3740 to apply for a tax credit scholarship. The form of such notice
3741 shall be provided by the eligible nonprofit scholarship-funding
3742 organization, and the district shall include the provided form,
3743 if requested by the organization, in any normal correspondence
3744 with eligible households. If an eligible nonprofit scholarship
3745 funding organization requests a special communication to be
3746 issued to households within the district receiving free or
3747 reduced-price meals under the National School Lunch Act, the
3748 organization shall reimburse the district for the cost of
3749 postage. Such notice is limited to once a year.
3750 (b) Upon the request of the Department of Education, a
3751 school district shall coordinate with the department to provide
3752 to a participating private school the statewide assessments
3753 administered under s. 1008.22 and any related materials for
3754 administering the assessments. A school district is responsible
3755 for implementing test administrations at a participating private
3756 school, including the:
3757 1. Provision of training for participating private school
3758 staff on test security and assessment administration procedures;
3759 2. Distribution of testing materials to a participating
3760 private school;
3761 3. Retrieval of testing materials from a participating
3762 private school;
3763 4. Provision of the required format for a participating
3764 private school to submit information to the district for test
3765 administration and enrollment purposes; and
3766 5. Provision of any required assistance, monitoring, or
3767 investigation at a participating private school.
3768 (9)(11) SCHOLARSHIP AMOUNT AND PAYMENT.—
3769 (a) The scholarship amount provided to any student for any
3770 single school year by an eligible nonprofit scholarship-funding
3771 organization from eligible contributions shall be for total
3772 costs authorized under paragraph (6)(c) (6)(d), not to exceed
3773 annual limits., which shall be determined as follows:
3774 1. For a student who received a scholarship in the 2018
3775 2019 school year, who remains eligible, and who is enrolled in
3776 an eligible private school, the amount shall be the greater
3777 amount calculated pursuant to subparagraph 2. or a percentage of
3778 the unweighted FTE funding amount for the 2018-2019 state fiscal
3779 year and thereafter as follows:
3780 a. Eighty-eight percent for a student enrolled in
3781 kindergarten through grade 5.
3782 b. Ninety-two percent for a student enrolled in grade 6
3783 through grade 8.
3784 c. Ninety-six percent for a student enrolled in grade 9
3785 through grade 12.
3786 2. For students initially eligible in the 2019-2020 school
3787 year or thereafter, the calculated amount for a student to
3788 attend an eligible private school shall be calculated in
3789 accordance with s. 1002.394(12)(a).
3790 (b) Payment of the scholarship by the eligible nonprofit
3791 scholarship-funding organization shall be by funds transfer,
3792 including, but not limited to, debit cards, electronic payment
3793 cards, or any other means of payment that the department deems
3794 to be commercially viable or cost-effective. An eligible
3795 nonprofit scholarship-funding organization shall ensure that the
3796 parent has approved a funds transfer before any scholarship
3797 funds are deposited.
3798 (c) If a scholarship student is attending an eligible
3799 private school full time, the initial payment shall be made
3800 after the organization’s verification of admission acceptance,
3801 and subsequent payments shall be made upon verification of
3802 continued enrollment and attendance at the eligible private
3803 school. Payments shall be made within 7 business days after
3804 approval by the parent pursuant to paragraph (7)(a) and the
3805 private school pursuant to paragraph (8)(b).
3806 (d) Payment of the scholarship shall be made by the
3807 eligible nonprofit scholarship-funding organization no less
3808 frequently than on a quarterly basis.
3809 (e) An eligible nonprofit scholarship-funding organization
3810 may not transfer any funds to an account of a student determined
3811 eligible under this section which has a balance in excess of
3812 $24,000.
3813 (b)(f) A scholarship awarded to an eligible student shall
3814 remain in force until:
3815 1. The organization determines that the student is not
3816 eligible for program renewal;
3817 2. The Commissioner of Education suspends or revokes
3818 program participation or use of funds;
3819 3. The student’s parent has forfeited participation in the
3820 program for failure to comply with subsection (7);
3821 4. The student who uses the scholarship for full-time
3822 tuition and fees at an eligible private school pursuant to
3823 paragraph (7)(a) enrolls full time in a public school. However,
3824 if a student enters a Department of Juvenile Justice detention
3825 center for a period of no more than 21 days, the student is not
3826 considered to have returned to a public school on a full-time
3827 basis for that purpose; or
3828 5. The student graduates from high school, completes a home
3829 education program as defined in the student’s personalized
3830 education plan, or attains 21 years of age, whichever occurs
3831 first.
3832 (g) Reimbursements for program expenditures may continue
3833 until the account balance is expended or remaining funds have
3834 reverted to the state.
3835 (c)(h) A student’s scholarship account must be closed and
3836 any remaining funds shall revert to the state or organization,
3837 as applicable, after:
3838 1. Denial or revocation of program eligibility by the
3839 commissioner for fraud or abuse, including, but not limited to,
3840 the student or student’s parent accepting any payment, refund,
3841 or rebate, in any manner, from a provider of any services
3842 received pursuant to paragraph (6)(d);
3843 2. One fiscal year Two consecutive fiscal years in which an
3844 account has been inactive; or
3845 3. The student remains unenrolled in an eligible private
3846 school for 30 days while receiving a scholarship that requires
3847 full-time enrollment; or
3848 4. A student’s scholarship no longer remains in force due
3849 to any of the reasons provided in paragraph (b).
3850
3851 An organization must report to the Department of Education the
3852 total number of scholarship accounts that were closed pursuant
3853 to this paragraph and the amount of funds by account that
3854 reverted to the organization.
3855 (d)(i) Moneys received pursuant to this section do not
3856 constitute taxable income to the qualified student or the parent
3857 of the qualified student.
3858 (13)(15) NONPROFIT SCHOLARSHIP-FUNDING ORGANIZATIONS;
3859 APPLICATION.—In order to participate in the scholarship program
3860 created under this section, a charitable organization that seeks
3861 to be a nonprofit scholarship-funding organization must submit
3862 an application for initial approval or renewal to the Office of
3863 Independent Education and Parental Choice. Charitable
3864 organizations may apply at any time to participate in the
3865 program.
3866 (e) If the State Board of Education disapproves the renewal
3867 of a nonprofit scholarship-funding organization, the
3868 organization must notify the affected eligible students and
3869 parents of the decision within 15 days after disapproval. An
3870 eligible student affected by the disapproval of an
3871 organization’s participation remains eligible under this section
3872 until the end of the school year in which the organization was
3873 disapproved. The student must apply and be accepted by another
3874 eligible nonprofit scholarship-funding organization for the
3875 upcoming school year. The student shall be given priority in
3876 accordance with s. 1002.421(2)(d)3. paragraph (6)(g).
3877 Section 7. Paragraph (l) of subsection (4) of section
3878 1003.485, Florida Statutes, is amended to read:
3879 1003.485 The New Worlds Reading Initiative.—
3880 (4) ADMINISTRATOR RESPONSIBILITIES.—The administrator
3881 shall:
3882 (l) Expend eligible contributions received only for the
3883 purchase and delivery of books and to implement the requirements
3884 of this section, as well as for administrative expenses not to
3885 exceed 2 percent of total eligible contributions.
3886 Notwithstanding s. 1002.395(6)(i)3. s. 1002.395(6)(l)3., the
3887 administrator may carry forward up to 25 percent of eligible
3888 contributions made before January 1 of each state fiscal year
3889 and 100 percent of eligible contributions made on or after
3890 January 1 of each state fiscal year to the following state
3891 fiscal year for purposes authorized by this subsection. Any
3892 eligible contributions in excess of the allowable carry forward
3893 not used to provide additional books throughout the year to
3894 eligible students shall revert to the state treasury.
3895 Section 8. Paragraph (d) of subsection (5) of section
3896 1008.25, Florida Statutes, is amended to read:
3897 1008.25 Public school student progression; student support;
3898 coordinated screening and progress monitoring; reporting
3899 requirements.—
3900 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—
3901 (d) The parent of any student who exhibits a substantial
3902 deficiency in reading, as described in paragraph (a), must be
3903 immediately notified in writing of the following:
3904 1. That his or her child has been identified as having a
3905 substantial deficiency in reading, including a description and
3906 explanation, in terms understandable to the parent, of the exact
3907 nature of the student’s difficulty in learning and lack of
3908 achievement in reading.
3909 2. A description of the current services that are provided
3910 to the child.
3911 3. A description of the proposed intensive interventions
3912 and supports that will be provided to the child that are
3913 designed to remediate the identified area of reading deficiency.
3914 4. The student progression requirements under paragraph
3915 (2)(h) and that if the child’s reading deficiency is not
3916 remediated by the end of grade 3, the child must be retained
3917 unless he or she is exempt from mandatory retention for good
3918 cause.
3919 5. Strategies, including multisensory strategies and
3920 programming, through a read-at-home plan the parent can use in
3921 helping his or her child succeed in reading. The read-at-home
3922 plan must provide access to the resources identified in
3923 paragraph (e).
3924 6. That the statewide, standardized English Language Arts
3925 assessment is not the sole determiner of promotion and that
3926 additional evaluations, portfolio reviews, and assessments are
3927 available to the child to assist parents and the school district
3928 in knowing when a child is reading at or above grade level and
3929 ready for grade promotion.
3930 7. The district’s specific criteria and policies for a
3931 portfolio as provided in subparagraph (7)(b)4. and the evidence
3932 required for a student to demonstrate mastery of Florida’s
3933 academic standards for English Language Arts. A school must
3934 immediately begin collecting evidence for a portfolio when a
3935 student in grade 3 is identified as being at risk of retention
3936 or upon the request of the parent, whichever occurs first.
3937 8. The district’s specific criteria and policies for
3938 midyear promotion. Midyear promotion means promotion of a
3939 retained student at any time during the year of retention once
3940 the student has demonstrated ability to read at grade level.
3941 9. Information about the student’s eligibility for the New
3942 Worlds Reading Initiative under s. 1003.485 and the New Worlds
3943 Scholarship Accounts under s. 1002.411 and information on parent
3944 training modules and other reading engagement resources
3945 available through the initiative.
3946
3947 After initial notification, the school shall apprise the parent
3948 at least monthly of the student’s progress in response to the
3949 intensive interventions and supports. Such communications must
3950 be in writing and must explain any additional interventions or
3951 supports that will be implemented to accelerate the student’s
3952 progress if the interventions and supports already being
3953 implemented have not resulted in improvement. Upon the request
3954 of the parent, the teacher or school administrator shall meet to
3955 discuss the student’s progress. The parent may request more
3956 frequent notification of the student’s progress, more frequent
3957 interventions or supports, and earlier implementation of the
3958 additional interventions or supports described in the initial
3959 notification.
3960 Section 9. Section 1010.305, Florida Statutes, is amended
3961 to read:
3962 1010.305 Audit of student enrollment.—
3963 (1) The Auditor General shall annually periodically examine
3964 the records of school districts, eligible nonprofit scholarship
3965 funding organizations as defined in s. 1002.421, and other
3966 agencies as appropriate, to determine compliance with law and
3967 State Board of Education rules relating to the classification,
3968 assignment, and verification of full-time equivalent student
3969 enrollment and student transportation reported under the Florida
3970 Education Finance Program.
3971 (2) If it is determined that the approved criteria and
3972 procedures for the placement of students and the conduct of
3973 programs have not been followed by the district or eligible
3974 nonprofit scholarship-funding organization, appropriate
3975 adjustments in the full-time equivalent student count for that
3976 district or eligible nonprofit scholarship-funding organization
3977 must be made, and any excess funds must be deducted from
3978 subsequent allocations of state funds to that district or
3979 eligible nonprofit scholarship-funding organization. As provided
3980 for by rule, if errors in a specific program of a district or
3981 eligible nonprofit scholarship-funding organization recur in
3982 consecutive years due to lack of corrective action by the
3983 district or eligible nonprofit scholarship-funding organization,
3984 adjustments may be made based upon statistical estimates of
3985 error projected to the overall district or scholarship program.
3986 Section 10. Subsection (4) of section 1011.61, Florida
3987 Statutes, is amended to read:
3988 1011.61 Definitions.—Notwithstanding the provisions of s.
3989 1000.21, the following terms are defined as follows for the
3990 purposes of the Florida Education Finance Program:
3991 (4) The “Florida Education Finance Program” includes all
3992 programs and costs as provided in ss. 1003.03, 1011.62, 1011.68,
3993 and 1011.685, 1011.687, and 1011.689, as applicable.
3994 Section 11. Paragraph (a) of subsection (1), paragraph (a)
3995 of subsection (15), and subsections (16) and (19) of section
3996 1011.62, Florida Statutes, are amended to read:
3997 1011.62 Funds for operation of schools.—If the annual
3998 allocation from the Florida Education Finance Program to each
3999 district for operation of schools is not determined in the
4000 annual appropriations act or the substantive bill implementing
4001 the annual appropriations act, it shall be determined as
4002 follows:
4003 (1) COMPUTATION OF THE BASE FLORIDA EDUCATION FINANCE
4004 PROGRAM.—The following procedure shall be followed in
4005 determining the base Florida Education Finance Program funds for
4006 each district:
4007 (a) Determination of full-time equivalent membership.—
4008 1. During the fiscal year, including scheduled
4009 intersessions of a year-round school program during the fiscal
4010 year, each district shall complete full-time equivalent surveys
4011 by aggregating the full-time equivalent student membership of
4012 each program by school. The department shall establish the
4013 number and interval of membership calculations. The district’s
4014 full-time equivalent membership shall be computed and currently
4015 maintained in accordance with regulations of the commissioner.
4016 2. All final reported full-time equivalent survey data must
4017 include the unduplicated count of both school district full-time
4018 equivalent students and full-time equivalent Family Empowerment
4019 Scholarship students.
4020 (15) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT.—The
4021 total annual state allocation to each district for current
4022 operation for the Florida Education Finance Program shall be
4023 distributed to districts pursuant to s. 1011.66 and based on the
4024 results of the full-time equivalent membership surveys
4025 established in paragraph (1)(a).
4026 (a) When the Florida Education Finance Program allocation
4027 is recalculated, if the gross state Florida Education Finance
4028 Program funds are not sufficient to pay the state requirement in
4029 full, the department shall prorate the available state funds to
4030 each district in the following manner:
4031 1. To calculate the gross state and local Florida Education
4032 Finance Program funding, add the base Florida Education Finance
4033 Program and the categorical funds, except for the categorical
4034 funding provided in subsection (16) and s. 1011.685.
4035 2. To calculate the gross state Florida Education Finance
4036 Program funding, subtract the required local effort in
4037 subsection (4) from the gross and local Florida Education
4038 Finance Program funding.
4039 3. To determine the amount that must be prorated among all
4040 school districts, subtract the gross state Florida Education
4041 Finance Program and any prior year adjustments pursuant to
4042 paragraph (b) from the corresponding amount of state funds
4043 appropriated in the General Appropriations Act.
4044 4. Each school district’s amount of the proration is
4045 calculated based on its proportionate share of the gross state
4046 and local Florida Education Finance Program funding.
4047 (16) STATE-FUNDED DISCRETIONARY SUPPLEMENT.—
4048 (a) The state-funded discretionary supplement is created to
4049 fund the nonvoted discretionary millage for operations pursuant
4050 to s. 1011.71(1) and (3) for students awarded a Family
4051 Empowerment Scholarship in accordance with s. 1002.394. To
4052 calculate the state-funded discretionary supplement for
4053 inclusion in the amount of the scholarship funding:
4054 1. For fiscal year 2023-2024, multiply the maximum
4055 allowable nonvoted discretionary millage for operations pursuant
4056 to s. 1011.71(1) and (3) by the value of 96 percent of the
4057 current year’s taxable value for school purposes for the school
4058 district where the student is reported for purposes of the
4059 Florida Education Finance Program as appropriated in the General
4060 Appropriations Act; divide the result by the school district’s
4061 total unweighted full-time equivalent membership as appropriated
4062 in the General Appropriations Act; and multiply the result by
4063 the total unweighted full-time equivalent membership associated
4064 with the number of Family Empowerment Scholarship students
4065 included in the school district’s total unweighted full-time
4066 equivalent membership. A base amount as specified in the General
4067 Appropriations Act shall be added to this amount for purposes of
4068 calculating the total amount of the supplement.
4069 2. Beginning in fiscal year 2024-2025 and thereafter,
4070 multiply the maximum allowable nonvoted discretionary millage
4071 for operations pursuant to s. 1011.71(1) and (3) by the value of
4072 96 percent of the current year’s taxable value for school
4073 purposes for the school district where the student is reported
4074 for purposes of the Florida Education Finance Program as
4075 appropriated in the General Appropriations Act; divide the
4076 result by the school district’s total unweighted full-time
4077 equivalent membership as appropriated in the General
4078 Appropriations Act; and multiply the result by the total
4079 unweighted full-time equivalent membership associated with the
4080 number of Family Empowerment Scholarship students. The prior
4081 year’s base amount shall be adjusted based on changes in the
4082 eligible number of unweighted full-time equivalent membership
4083 associated with the number of Family Empowerment Scholarship
4084 students.
4085 (b) The state-funded discretionary supplement shall be
4086 recalculated during the fiscal year based on actual full-time
4087 equivalent student membership.
4088 (19) EDUCATIONAL ENROLLMENT STABILIZATION PROGRAM.—
4089 (a) The educational enrollment stabilization program is
4090 created to provide supplemental state funds as needed to
4091 maintain the stability of the operations of public schools in
4092 each school district and to protect districts, including charter
4093 schools, from financial instability as a result of changes in
4094 full-time equivalent student enrollment throughout the school
4095 year.
4096 (b) The Legislature shall annually appropriate funds in the
4097 General Appropriations Act to the Department of Education for
4098 this program in an amount necessary to maintain a projected
4099 minimum balance of $250 million at the beginning of the upcoming
4100 fiscal year. The Department of Education shall use funds as
4101 appropriated to ensure that based on each recalculation of the
4102 Florida Education Finance Program pursuant to paragraph (1)(a),
4103 a school district’s funds per unweighted full-time equivalent
4104 student are not less than the greater of either the school
4105 district’s funds per unweighted full-time equivalent student as
4106 appropriated in the General Appropriations Act or the school
4107 district’s funds per unweighted full-time equivalent student as
4108 recalculated based upon the receipt of the certified taxable
4109 value for school purposes pursuant to s. 1011.62(4).
4110 (c) Notwithstanding s. 216.301 and pursuant to s. 216.351,
4111 the unexpended balance of funds appropriated pursuant to this
4112 subsection which is not disbursed by June 30 of the fiscal year
4113 in which the funds are appropriated may be carried forward for
4114 up to 10 years after the effective date of the original
4115 appropriation.
4116 Section 12. Paragraph (l) of subsection (2) of section
4117 11.45, Florida Statutes, is amended, and paragraph (o) is added
4118 to that subsection, to read:
4119 11.45 Definitions; duties; authorities; reports; rules.—
4120 (2) DUTIES.—The Auditor General shall:
4121 (l) At least once every 3 years, conduct operational audits
4122 of the accounts and records of eligible nonprofit scholarship
4123 funding organizations receiving eligible contributions under s.
4124 1002.395, including any contracts for services with related
4125 entities, to determine compliance with the provisions of that
4126 section. Such audits shall include, but not be limited to, a
4127 determination of the eligible nonprofit scholarship-funding
4128 organization’s compliance with s. 1002.395(6)(i), including
4129 whether the organization’s expenditures are reasonable and
4130 necessary s. 1002.395(6)(l). The Auditor General shall provide
4131 its report on the results of the audits to the Governor, the
4132 President of the Senate, the Speaker of the House of
4133 Representatives, the Chief Financial Officer, and the
4134 Legislative Auditing Committee, within 30 days of completion of
4135 the audit.
4136 (o) Beginning July 1, 2027, annually conduct an audit of
4137 records of eligible nonprofit scholarship-funding organizations
4138 regarding the background screening results in s. 1002.421(8)(a).
4139
4140 The Auditor General shall perform his or her duties
4141 independently but under the general policies established by the
4142 Legislative Auditing Committee. This subsection does not limit
4143 the Auditor General’s discretionary authority to conduct other
4144 audits or engagements of governmental entities as authorized in
4145 subsection (3).
4146 Section 13. Paragraph (c) of subsection (7) of section
4147 212.099, Florida Statutes, is amended to read:
4148 212.099 Credit for contributions to eligible nonprofit
4149 scholarship-funding organizations.—
4150 (7)
4151 (c) The organization may, subject to the limitations of s.
4152 1002.395(6)(i)1. s. 1002.395(6)(l)1., use eligible contributions
4153 received during the state fiscal year in which such
4154 contributions are collected for administrative expenses.
4155 Section 14. Subsection (6) of section 402.22, Florida
4156 Statutes, is amended to read:
4157 402.22 Education program for students who reside in
4158 residential care facilities operated by the Department of
4159 Children and Families or the Agency for Persons with
4160 Disabilities.—
4161 (6) Notwithstanding the provisions of s. 1001.42(4)(m), the
4162 educational program at the Marianna Sunland Center in Jackson
4163 County shall be operated by the Department of Education, either
4164 directly or through grants or contractual agreements with other
4165 public educational agencies. The annual state allocation to any
4166 such agency shall be computed pursuant to s. 1011.62(1), (2),
4167 and (17) (18) and allocated in the amount that would have been
4168 provided the local school district in which the residential
4169 facility is located.
4170 Section 15. Paragraph (b) of subsection (6) of section
4171 1002.45, Florida Statutes, is amended to read:
4172 1002.45 Virtual instruction programs.—
4173 (6) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL
4174 FUNDING.—
4175 (b) Students enrolled in a virtual instruction program
4176 shall be funded in the Florida Education Finance Program as
4177 provided in the General Appropriations Act. The calculation to
4178 determine the amount of funds for each student through the
4179 Florida Education Finance Program shall include the sum of the
4180 basic amount for current operations established in s.
4181 1011.62(1)(n) and all categorical programs except for the
4182 categorical programs established in ss. 1011.62(7) and, (12),
4183 and (16), 1011.68, and 1011.685, and 1011.687. Students residing
4184 outside of the school district reporting the full-time
4185 equivalent virtual student shall be funded from state funds
4186 only.
4187 Section 16. Subsection (3) of section 1003.4935, Florida
4188 Statutes, is amended to read:
4189 1003.4935 Middle grades career and professional academy
4190 courses and career-themed courses.—
4191 (3) CAPE industry certifications offered in the middle
4192 grades that are included on the CAPE Industry Certification
4193 Funding List, if earned by students, are eligible for additional
4194 funding pursuant to s. 1011.62(16) s. 1011.62(17).
4195 Section 17. Paragraph (a) of subsection (2) and paragraph
4196 (b) of subsection (3) of section 1010.20, Florida Statutes, are
4197 amended to read:
4198 1010.20 Cost accounting and reporting for school
4199 districts.—
4200 (2) COST REPORTING.—
4201 (a) Each district shall report on a district-aggregate
4202 basis expenditures for inservice training pursuant to s.
4203 1011.62(3) and for categorical programs as provided in s.
4204 1011.62(18).
4205 (3) PROGRAM EXPENDITURE REQUIREMENTS.—
4206 (b) Funds for inservice training established in s.
4207 1011.62(3) and for categorical programs established in s.
4208 1011.62(17) s. 1011.62(18) shall be expended for the costs of
4209 the identified programs as provided by law and in accordance
4210 with the rules of the State Board of Education.
4211 Section 18. (1) The Legislature finds that the educational
4212 scholarship programs created pursuant to chapter 1002, Florida
4213 Statutes, provide unprecedented school choice in this state and
4214 are central to parent empowerment.
4215 (a) The Legislature further finds that to protect universal
4216 school choice within this state, it is critical to remain good
4217 stewards of taxpayer funds, including eligible contributions
4218 made to scholarship programs. This state is implementing the
4219 nation’s largest school choice program, and it must be
4220 safeguarded.
4221 (b) To improve the efficiency, accountability, and
4222 transparency of the scholarship programs, a single entity that
4223 can be held directly accountable to the state must be
4224 responsible for the implementation of the programs.
4225 (c) Therefore, the Legislature determines that it is in the
4226 best interest of this state for the Department of Education to
4227 implement the scholarship programs.
4228 (2) The Department of Education must provide a report
4229 outlining its recommendations for the implementation of the
4230 educational scholarship programs, with such implementation set
4231 to begin in the 2028-2029 school year.
4232 (3) The department’s recommendations must address each of
4233 the following program components:
4234 (a) The application process.
4235 (b) The enrollment and verification process.
4236 (c) Student account management and requirements.
4237 (d) The payment or reimbursement process.
4238 (e) Communication with parents regarding the different
4239 scholarship programs and how to apply to a scholarship program.
4240 (f) Assistance for parents with scholarship-related
4241 questions and issues.
4242 (g) Administration of the contributions received pursuant
4243 to s. 1002.395(5), Florida Statutes.
4244 (4) The department may, for any or all of the program
4245 components, recommend itself or any other state agency or public
4246 entity, such as school districts or educational consortiums, for
4247 implementation of the component. Any contract to implement a
4248 component must be awarded pursuant to chapter 287, Florida
4249 Statutes, through a competitive procurement process. At a
4250 minimum, the department must include an outline of the
4251 requirements for each program component which includes all of
4252 the following information, as applicable:
4253 (a) An estimate of recurring and nonrecurring costs,
4254 including an estimate of any administrative costs the department
4255 deems reasonable and necessary, and for what purposes the
4256 administrative funds may be used.
4257 (b) A description, justification, and detailed cost
4258 breakdown of any additional resources that the department
4259 requires to fully implement the program component.
4260 (c) The business, functional, and technical requirements
4261 for the program component.
4262 (d) A list of roles and responsibilities for the program
4263 component which delineates the functionality that will be
4264 provided by the department or other entity, as applicable.
4265 (e) A proposed implementation timeline that identifies
4266 major milestones, dependencies, and the estimated completion
4267 dates for the program component.
4268 (f) A framework establishing a communication structure and
4269 accountability measures which will ensure coordinated,
4270 efficient, and transparent interaction among each project
4271 component.
4272 (g) An outcome-based contracting framework that will be
4273 used to measure each contract’s success against specific,
4274 objective performance metrics and desired outcomes. This
4275 framework may incorporate a system of rewards for exceeding
4276 performance goals, and penalties for failing to meet them.
4277 (5) If the department recommends administration of any
4278 project component by a scholarship-funding organization, the
4279 department must include recommendations for eligibility
4280 requirements of the scholarship-funding organizations and any
4281 other changes to the application process or other procedural
4282 requirements it recommends.
4283 (6) The department shall also include in its report a plan
4284 to ensure that the results from required background screening
4285 for education providers who are licensed or who are exempt from
4286 licensure through the Department of Children and Families are
4287 shared with the Department of Education.
4288 (7) The department must submit the report to the Governor,
4289 the President of the Senate, and the Speaker of the House of
4290 Representatives no later than December 1, 2026, and must include
4291 any statutory changes that may be necessary to implement the
4292 department’s recommendations.
4293 (8) This section expires July 1, 2027.
4294 Section 19. This act shall take effect July 1, 2026.