HB 1295

1	A bill to be entitled
2	An act relating to educational and financial
3	accountability for scholarship programs; amending s.
4	220.187, F.S., relating to credits for contributions to
5	nonprofit scholarship-funding organizations; correcting a
6	cross reference; providing obligations of nonprofit
7	scholarship-funding organizations relating to use of
8	contributions, financial records, and criminal background
9	checks; providing obligations of nonpublic schools
10	relating to financial accounts and records, operating
11	budgets, use of scholarship funds, criminal background
12	checks, administration and reporting of assessment tests,
13	school profiles, and accreditation; amending ss. 1002.38
14	and 1002.39, F.S., relating to the Opportunity Scholarship
15	Program and the John M. McKay Scholarships for Students
16	with Disabilities Program; providing requirements for
17	private school eligibility relating to use of scholarship
18	funds, financial accounts and records, operating budgets,
19	criminal background checks, administration and reporting
20	of assessment tests, school profiles, and accreditation;
21	conforming provisions; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Paragraph (c) of subsection (2) and subsections
26	(4) and (6) of section 220.187, Florida Statutes, are amended to
27	read:
28	220.187  Credits for contributions to nonprofit
29	scholarship-funding organizations.--
30	(2)  DEFINITIONS.--As used in this section, the term:
31	(c)  "Eligible nonpublic school" means a nonpublic school
32	located in Florida that offers an education to students in any
33	grades K-12 and that meets the requirements in subsection (6)
34	(5).
35	(4)  OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
36	ORGANIZATIONS.--
37	(a)  An eligible nonprofit scholarship-funding organization
38	shall provide scholarships, from eligible contributions, to
39	qualified students for:
40	1.  Tuition or textbook expenses for, or transportation to,
41	an eligible nonpublic school. At least 75 percent of the
42	scholarship funding must be used to pay tuition expenses; or
43	2.  Transportation expenses to a Florida public school that
44	is located outside the district in which the student resides.
45	(b)  An eligible nonprofit scholarship-funding organization
46	shall give priority to qualified students who received a
47	scholarship from an eligible nonprofit scholarship-funding
48	organization during the previous school year.
49	(c)  The amount of a scholarship provided to any child for
50	any single school year by all eligible nonprofit scholarship-
51	funding organizations from eligible contributions shall not
52	exceed the following annual limits:
53	1.  Three thousand five hundred dollars for a scholarship
54	awarded to a student enrolled in an eligible nonpublic school.
55	2.  Five hundred dollars for a scholarship awarded to a
56	student enrolled in a Florida public school that is located
57	outside the district in which the student resides.
58	(d)  The amount of an eligible contribution which may be
59	accepted by an eligible nonprofit scholarship-funding
60	organization is limited to the amount needed to provide
61	scholarships for qualified students which the organization has
62	identified and for which vacancies in eligible nonpublic schools
63	have been identified.
64	(e)  An eligible nonprofit scholarship-funding organization
65	that receives an eligible contribution must spend 100 percent of
66	the eligible contribution to provide scholarships in the same
67	state fiscal year in which the contribution was received. No
68	portion of eligible contributions may be used for administrative
69	expenses or set aside for profit. All interest accrued from
70	contributions must be used for scholarships.
71	(f)1.  An eligible nonprofit scholarship-funding
72	organization that receives eligible contributions must provide
73	to the Auditor General an annual financial and compliance audit
74	of its accounts and records conducted by an independent
75	certified public accountant and in accordance with rules adopted
76	by the Auditor General.
77	2.  Financial records of an eligible nonprofit scholarship-
78	funding organization relating to contributions received and
79	scholarships granted pursuant to this section shall be available
80	to the public in accordance with the provisions of s. 119.07.
81	(g)  Payment of the scholarship by the eligible nonprofit
82	scholarship-funding organization shall be by individual warrant
83	or check made payable to the student's parent. If the parent
84	chooses for his or her child to attend an eligible nonpublic
85	school, the warrant or check must be mailed by the eligible
86	nonprofit scholarship-funding organization to the nonpublic
87	school of the parent's choice, and the parent shall
88	restrictively endorse the warrant or check to the nonpublic
89	school. An eligible nonprofit scholarship-funding organization
90	shall ensure that, upon receipt of a scholarship warrant or
91	check, the parent to whom the warrant or check is made
92	restrictively endorses the warrant or check to the nonpublic
93	school of the parent's choice for deposit into the account of
94	the nonpublic school.
95	(h)  Each individual who administers an eligible nonprofit
96	scholarship-funding organization shall file with the Department
97	of Law Enforcement a complete set of fingerprints for state
98	processing and criminal background checking.
99	(6)  ELIGIBLE NONPUBLIC SCHOOL OBLIGATIONS.--An eligible
100	nonpublic school must:
101	(a)  Demonstrate fiscal soundness by being in operation for
102	one school year or provide the Department of Education with a
103	statement by a certified public accountant confirming that the
104	nonpublic school desiring to participate is insured and the
105	owner or owners have sufficient capital or credit to operate the
106	school for the upcoming year serving the number of students
107	anticipated with expected revenues from tuition and other
108	sources that may be reasonably expected. In lieu of such a
109	statement, a surety bond or letter of credit for the amount
110	equal to the scholarship funds for any quarter may be filed with
111	the department.
112	(b)  Comply with the antidiscrimination provisions of 42
113	U.S.C. s. 2000d.
114	(c)  Meet state and local health and safety laws and codes.
115	(d)  Comply with all state laws relating to general
116	regulation of nonpublic schools.
117	(e)1.  Provide to the Auditor General an annual financial
118	and compliance audit of its accounts and records conducted by an
119	independent certified public accountant and in accordance with
120	rules adopted by the Auditor General.
121	2.  Make available to the public in accordance with the
122	provisions of s. 119.07 the financial records of the school
123	relating to scholarships granted pursuant to this section.
124	(f)  Receive no more than 30 percent of its total operating
125	budget from eligible nonprofit scholarship-funding
126	organizations.
127	(g)  Use scholarship funds received pursuant to this
128	section for the purposes set forth in subparagraph (4)(a)1. No
129	portion of such scholarship funds may be used for administrative
130	expenses or set aside for profit.
131	(h)  File with the Department of Law Enforcement a complete
132	set of fingerprints of each of its administrators and teachers
133	for state processing and criminal background checking.
134	(i)1.  Administer the Florida Comprehensive Assessment Test
135	(FCAT) to students receiving a scholarship pursuant to this
136	section and provide to the parents of each student tested the
137	individual student FCAT scores.
138	2.  Release to the public FCAT summary scores for the
139	school according to rules adopted by the State Board of
140	Education pursuant to ss. 120.536(1) and 120.54.
141	(j)  Provide parents of students who are potential
142	recipients of a scholarship pursuant to this section with the
143	results of student achievement tests administered by the school,
144	including the FCAT and other standardized tests.
145	(k)  Make available to the public a school profile that
146	includes the percentage of teachers who are certified.
147	(l)  Be accredited by the Southern Association of Colleges
148	and Schools or an equivalent established, reputable national or
149	regional accreditation organization.
150	Section 2.  Subsections (3), (4), and (5) of section
151	1002.38, Florida Statutes, are amended to read:
152	1002.38  Opportunity Scholarship Program.--
153	(3)  SCHOOL DISTRICT OBLIGATIONS.--
154	(a)  A school district shall, for each student enrolled in
155	or assigned to a school that has been designated as performance
156	grade category "F" for 2 school years in a 4-year period:
157	1.  Timely notify the parent of the student as soon as such
158	designation is made of all options available pursuant to this
159	section.
160	2.  Offer that student's parent an opportunity to enroll
161	the student in the public school within the district that has
162	been designated by the state pursuant to s. 1008.34 as a school
163	performing higher than that in which the student is currently
164	enrolled or to which the student has been assigned, but not less
165	than performance grade category "C." The parent is not required
166	to accept this offer in lieu of requesting a state opportunity
167	scholarship to a private school. The opportunity to continue
168	attending the higher performing public school shall remain in
169	force until the student graduates from high school.
170	(b)  The parent of a student enrolled in or assigned to a
171	school that has been designated performance grade category "F"
172	for 2 school years in a 4-year period may choose as an
173	alternative to enroll the student in and transport the student
174	to a higher-performing public school that has available space in
175	an adjacent school district, and that school district shall
176	accept the student and report the student for purposes of the
177	district's funding pursuant to the Florida Education Finance
178	Program.
179	(c)  For students in the school district who are
180	participating in the state Opportunity Scholarship Program, the
181	school district shall provide locations and times to take all
182	statewide assessments required pursuant to s. 1008.22.
183	(c)(d)  Students with disabilities who are eligible to
184	receive services from the school district under federal or state
185	law, and who participate in this program, remain eligible to
186	receive services from the school district as provided by federal
187	or state law.
188	(d)(e)  If for any reason a qualified private school is not
189	available for the student or if the parent chooses to request
190	that the student be enrolled in the higher performing public
191	school, rather than choosing to request the state opportunity
192	scholarship, transportation costs to the higher performing
193	public school shall be the responsibility of the school
194	district. The district may utilize state categorical
195	transportation funds or state-appropriated public school choice
196	incentive funds for this purpose.
197	(4)  PRIVATE SCHOOL ELIGIBILITY.--To be eligible to
198	participate in the Opportunity Scholarship Program, a private
199	school must be a Florida private school, may be sectarian or
200	nonsectarian, and must:
201	(a)  Demonstrate fiscal soundness by being in operation for
202	1 school year or provide the Department of Education with a
203	statement by a certified public accountant confirming that the
204	private school desiring to participate is insured and the owner
205	or owners have sufficient capital or credit to operate the
206	school for the upcoming year serving the number of students
207	anticipated with expected revenues from tuition and other
208	sources that may be reasonably expected. In lieu of such a
209	statement, a surety bond or letter of credit for the amount
210	equal to the opportunity scholarship funds for any quarter may
211	be filed with the department.
212	(b)  Notify the Department of Education and the school
213	district in whose service area the school is located of its
214	intent to participate in the program under this section by May 1
215	of the school year preceding the school year in which it intends
216	to participate. The notice shall specify the grade levels and
217	services that the private school has available for the
218	Opportunity Scholarship Program.
219	(c)  Comply with the antidiscrimination provisions of 42
220	U.S.C. s. 2000d.
221	(d)  Meet state and local health and safety laws and codes.
222	(e)  Accept scholarship students on an entirely random and
223	religious-neutral basis without regard to the student's past
224	academic history; however, the private school may give
225	preference in accepting applications to siblings of students who
226	have already been accepted on a random and religious-neutral
227	basis.
228	(f)  Be subject to the instruction, curriculum, and
229	attendance criteria adopted by an appropriate nonpublic school
230	accrediting body and be academically accountable to the parent
231	for meeting the educational needs of the student. The private
232	school must furnish a school profile which includes student
233	performance and the percentage of teachers who are certified.
234	(g)  Employ or contract with teachers who hold a
235	baccalaureate or higher degree, or have at least 3 years of
236	teaching experience in public or private schools, or have
237	special skills, knowledge, or expertise that qualifies them to
238	provide instruction in subjects taught.
239	(h)  Comply with all state statutes relating to private
240	schools.
241	(i)  Accept as full tuition and fees the amount provided by
242	the state for each student. No portion of opportunity
243	scholarship funds received by the school may be used for
244	administrative expenses or set aside for profit.
245	(j)  Agree not to compel any student attending the private
246	school on an opportunity scholarship to profess a specific
247	ideological belief, to pray, or to worship.
248	(k)  Adhere to the tenets of its published disciplinary
249	procedures prior to the expulsion of any opportunity scholarship
250	student.
251	(l)1.  Provide to the Auditor General an annual financial
252	and compliance audit of its accounts and records conducted by an
253	independent certified public accountant and in accordance with
254	rules adopted by the Auditor General.
255	2.  Make available to the public in accordance with the
256	provisions of s. 119.07 the financial records of the school
257	relating to participation in the Opportunity Scholarship
258	Program.
259	(m)  Receive no more than 30 percent of its total operating
260	budget from Opportunity Scholarship Program funds.
261	(n)  File with the Department of Law Enforcement a complete
262	set of fingerprints of each of its administrators and teachers
263	for state processing and criminal background checking.
264	(o)1.  Administer the Florida Comprehensive Assessment Test
265	(FCAT) to students receiving an opportunity scholarship and
266	provide to the parents of each student tested the individual
267	student FCAT scores.
268	2.  Release to the public FCAT summary scores for the
269	school according to rules adopted by the State Board of
270	Education.
271	(p)  Provide parents of students who are potential
272	recipients of an opportunity scholarship with the results of
273	student achievement tests administered by the school, including
274	the FCAT and other standardized tests.
275	(q)  Be accredited by the Southern Association of Colleges
276	and Schools or an equivalent established, reputable national or
277	regional accreditation organization.
278	(5)  OBLIGATION OF PROGRAM PARTICIPATION.--
279	(a)  Any student participating in the Opportunity
280	Scholarship Program must remain in attendance throughout the
281	school year, unless excused by the school for illness or other
282	good cause, and must comply fully with the school's code of
283	conduct.
284	(b)  The parent of each student participating in the
285	Opportunity Scholarship Program must comply fully with the
286	private school's parental involvement requirements, unless
287	excused by the school for illness or other good cause.
288	(c)  The parent shall ensure that the student participating
289	in the Opportunity Scholarship Program takes all statewide
290	assessments required pursuant to s. 1008.22.
291	(c)(d)  A participant who fails to comply with this
292	subsection shall forfeit the opportunity scholarship.
293	Section 3.  Subsections (3), (4), and (5) of section
294	1002.39, Florida Statutes, are amended to read:
295	1002.39  The John M. McKay Scholarships for Students with
296	Disabilities Program.--There is established a program that is
297	separate and distinct from the Opportunity Scholarship Program
298	and is named the John M. McKay Scholarships for Students with
299	Disabilities Program, pursuant to this section.
300	(3)  SCHOOL DISTRICT AND DEPARTMENT OF EDUCATION
301	OBLIGATIONS.--
302	(a)  A school district shall timely notify the parent of
303	the student of all options available pursuant to this section
304	and offer that student's parent an opportunity to enroll the
305	student in another public school within the district. The parent
306	is not required to accept this offer in lieu of requesting a
307	John M. McKay Scholarship to a private school. However, if the
308	parent chooses the public school option, the student may
309	continue attending a public school chosen by the parent until
310	the student graduates from high school. If the parent chooses a
311	public school consistent with the district school board's choice
312	plan under s. 1002.31, the school district shall provide
313	transportation to the public school selected by the parent. The
314	parent is responsible to provide transportation to a public
315	school chosen that is not consistent with the district school
316	board's choice plan under s. 1002.31.
317	(b)  For a student with disabilities who does not have a
318	matrix of services under s. 1011.62(1)(e), the school district
319	must complete a matrix that assigns the student to one of the
320	levels of service as they existed prior to the 2000-2001 school
321	year. The school district must complete the matrix of services
322	for any student who is participating in the John M. McKay
323	Scholarships for Students with Disabilities Program and must
324	notify the Department of Education of the student's matrix level
325	within 30 days after receiving notification by the student's
326	parent of intent to participate in the scholarship program. The
327	Department of Education shall notify the private school of the
328	amount of the scholarship within 10 days after receiving the
329	school district's notification of the student's matrix level.
330	Within 10 school days after it receives notification of a
331	parent's intent to apply for a McKay Scholarship, a district
332	school board must notify the student's parent if the matrix has
333	not been completed and provide the parent with the date for
334	completion of the matrix required in this paragraph.
335	(c)  If the parent chooses the private school option and
336	the student is accepted by the private school pending the
337	availability of a space for the student, the parent of the
338	student must notify the school district 60 days prior to the
339	first scholarship payment and before entering the private school
340	in order to be eligible for the scholarship when a space becomes
341	available for the student in the private school.
342	(d)  The parent of a student may choose, as an alternative,
343	to enroll the student in and transport the student to a public
344	school in an adjacent school district which has available space
345	and has a program with the services agreed to in the student's
346	individual education plan already in place, and that school
347	district shall accept the student and report the student for
348	purposes of the district's funding pursuant to the Florida
349	Education Finance Program.
350	(e)  For a student in the district who participates in the
351	John M. McKay Scholarships for Students with Disabilities
352	Program whose parent requests that the student take the
353	statewide assessments under s. 1008.22, the district shall
354	provide locations and times to take all statewide assessments.
355	(e)(f)  A school district must notify the Department of
356	Education within 10 days after it receives notification of a
357	parent's intent to apply for a scholarship for a student with a
358	disability. A school district must provide the student's parent
359	with the student's matrix level within 10 school days after its
360	completion.
361	(4)  PRIVATE SCHOOL ELIGIBILITY.--To be eligible to
362	participate in the John M. McKay Scholarships for Students with
363	Disabilities Program, a private school must be a Florida private
364	school, may be sectarian or nonsectarian, and must:
365	(a)  Demonstrate fiscal soundness by being in operation for
366	1 school year or provide the Department of Education with a
367	statement by a certified public accountant confirming that the
368	private school desiring to participate is insured and the owner
369	or owners have sufficient capital or credit to operate the
370	school for the upcoming year serving the number of students
371	anticipated with expected revenues from tuition and other
372	sources that may be reasonably expected. In lieu of such a
373	statement, a surety bond or letter of credit for the amount
374	equal to the scholarship funds for any quarter may be filed with
375	the department.
376	(b)  Notify the Department of Education of its intent to
377	participate in the program under this section. The notice must
378	specify the grade levels and services that the private school
379	has available for students with disabilities who are
380	participating in the scholarship program.
381	(c)  Comply with the antidiscrimination provisions of 42
382	U.S.C. s. 2000d.
383	(d)  Meet state and local health and safety laws and codes.
384	(e)  Be academically accountable to the parent for meeting
385	the educational needs of the student.
386	(f)  Employ or contract with teachers who hold
387	baccalaureate or higher degrees, or have at least 3 years of
388	teaching experience in public or private schools, or have
389	special skills, knowledge, or expertise that qualifies them to
390	provide instruction in subjects taught.
391	(g)  Comply with all state laws relating to general
392	regulation of private schools.
393	(h)  Adhere to the tenets of its published disciplinary
394	procedures prior to the expulsion of a scholarship student.
395	(i)1.  Provide to the Auditor General an annual financial
396	and compliance audit of its accounts and records conducted by an
397	independent certified public accountant and in accordance with
398	rules adopted by the Auditor General.
399	2.  Make available to the public in accordance with the
400	provisions of s. 119.07 the financial records of the school
401	relating to participation in the John M. McKay Scholarships for
402	Students with Disabilities Program.
403	(j)  Receive no more than 30 percent of its total operating
404	budget from John M. McKay Scholarships for Students with
405	Disabilities Program funds.
406	(k)  Use John M. McKay Scholarship funds for tuition and
407	fees. No portion of such scholarship funds may be used for
408	administrative expenses or set aside for profit.
409	(l)  File with the Department of Law Enforcement a complete
410	set of fingerprints of each of its administrators and teachers
411	for state processing and criminal background checking.
412	(m)1.  Administer the Florida Comprehensive Assessment Test
413	(FCAT) to students receiving a John M. McKay Scholarship whose
414	parents request that the student take the FCAT and provide to
415	the parents of each student tested the individual student FCAT
416	scores.
417	2.  Release to the public FCAT summary scores for the
418	school according to rules adopted by the State Board of
419	Education.
420	(n)  Provide parents of students who are potential
421	recipients of a John M. McKay Scholarship with the results of
422	student achievement tests administered by the school, including
423	the FCAT and other standardized tests.
424	(o)  Make available to the public a school profile that
425	includes the percentage of teachers who are certified.
426	(p)  Be accredited by the Southern Association of Colleges
427	and Schools or an equivalent established, reputable national or
428	regional accreditation organization.
429	(5)  OBLIGATION OF PROGRAM PARTICIPANTS.--
430	(a)  A parent who applies for a John M. McKay Scholarship
431	is exercising his or her parental option to place his or her
432	child in a private school. The parent must select the private
433	school and apply for the admission of his or her child.
434	(b)  The parent must have requested the scholarship at
435	least 60 days prior to the date of the first scholarship
436	payment.
437	(c)  Any student participating in the scholarship program
438	must remain in attendance throughout the school year, unless
439	excused by the school for illness or other good cause, and must
440	comply fully with the school's code of conduct.
441	(d)  The parent of each student participating in the
442	scholarship program must comply fully with the private school's
443	parental involvement requirements, unless excused by the school
444	for illness or other good cause.
445	(e)  If the parent requests that the student participating
446	in the scholarship program take all statewide assessments
447	required pursuant to s. 1008.22, the parent is responsible for
448	transporting the student to the assessment site designated by
449	the school district.
450	(e)(f)  Upon receipt of a scholarship warrant, the parent
451	to whom the warrant is made must restrictively endorse the
452	warrant to the private school for deposit into the account of
453	the private school.
454	(f)(g)  A participant who fails to comply with this
455	subsection forfeits the scholarship.
456	Section 4.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.