Amendment
Bill No. 7041

Amendment No. 523041

CHAMBER ACTION
Senate		House
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1	Representative(s) Sobel offered the following:
2
3	Amendment (with title amendment)
4	Remove line(s) 886-1069 and insert:
5	Department of Education pursuant to paragraph (9)(k). In
6	addition, an eligible nonprofit scholarship-funding organization
7	must submit in a timely manner any information requested by the
8	Department of Education relating to the scholarship program.
9
10	Any and all information and documentation provided to the
11	Department of Education and the Auditor General relating to the
12	identity of a taxpayer that provides an eligible contribution
13	under this section shall remain confidential at all times in
14	accordance with s. 213.053.
15	(g)  Payment of the scholarship by the eligible nonprofit
16	scholarship-funding organization shall be by individual warrant
17	or check made payable to the student's parent. If the parent
18	chooses for his or her child to attend an eligible nonpublic
19	school, the warrant or check must be mailed by the eligible
20	nonprofit scholarship-funding organization to the nonpublic
21	school of the parent's choice, and the parent shall
22	restrictively endorse the warrant or check to the nonpublic
23	school. An eligible nonprofit scholarship-funding organization
24	shall ensure that, upon receipt of a scholarship warrant or
25	check, the parent to whom the warrant or check is made
26	restrictively endorses the warrant or check to the nonpublic
27	school of the parent's choice for deposit into the account of
28	the nonpublic school.
29	(7)(5)  PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
30	PARTICIPATION OBLIGATIONS.--
31	(a)  The parent must select an eligible private school and
32	apply for the admission of his or her child.
33	(b)  The parent must inform the child's school district
34	when the parent withdraws his or her child to attend an eligible
35	private school.
36	(c)  Any student participating in the scholarship program
37	must remain in attendance throughout the school year unless
38	excused by the school for illness or other good cause.
39	(d)  Each parent and each student has an obligation to the
40	private school to comply with the private school's published
41	policies.
42	(e)  The parent shall ensure that the student participating
43	in the scholarship program takes the norm-referenced assessment
44	offered by the private school. The parent shall also have the
45	student participate in the statewide assessments pursuant to s.
46	1008.22.
47	(f)  Upon receipt of a scholarship warrant from the
48	eligible nonprofit scholarship-funding organization, the parent
49	to whom the warrant is made must restrictively endorse the
50	warrant to the private school for deposit into the account of
51	the private school. The parent may not designate any entity or
52	individual associated with the participating private school as
53	the parent's attorney in fact to endorse a scholarship warrant.
54	A participant who fails to comply with this paragraph forfeits
55	the scholarship. As a condition for scholarship payment pursuant
56	to paragraph (4)(g), if the parent chooses for his or her child
57	to attend an eligible nonpublic school, the parent must inform
58	the child's school district within 15 days after such decision.
59	(8)(6)  PRIVATE ELIGIBLE NONPUBLIC SCHOOL ELIGIBILITY AND
60	OBLIGATIONS.--An eligible private nonpublic school may be
61	sectarian or nonsectarian and must:
62	(a)  Comply with all requirements for private schools
63	participating in state school choice scholarship programs
64	pursuant to s. 1002.421.
65	(b)  Provide to the eligible nonprofit scholarship-funding
66	organization, upon request, all documentation required for the
67	student's participation, including the private school's and
68	student's fee schedules.
69	(c)  Be academically accountable to the parent for meeting
70	the educational needs of the student by:
71	1.  At a minimum, annually providing to the parent a
72	written explanation of the student's progress.
73	2.  Annually requiring students participating in the
74	scholarship program to take the FCAT. Students with disabilities
75	for whom standardized testing is not appropriate are exempt from
76	this requirement. A participating private school must report a
77	student's scores to the parent.
78	3.  Cooperating with the scholarship student with respect
79	to participation in the statewide assessments pursuant to s.
80	1008.32.
81
82	The inability of a private school to meet the requirements of
83	this subsection shall constitute a basis for the ineligibility
84	of the private school to participate in the scholarship program
85	as determined by the Department of Education.
86	(a)  Demonstrate fiscal soundness by being in operation for
87	one school year or provide the Department of Education with a
88	statement by a certified public accountant confirming that the
89	nonpublic school desiring to participate is insured and the
90	owner or owners have sufficient capital or credit to operate the
91	school for the upcoming year serving the number of students
92	anticipated with expected revenues from tuition and other
93	sources that may be reasonably expected. In lieu of such a
94	statement, a surety bond or letter of credit for the amount
95	equal to the scholarship funds for any quarter may be filed with
96	the department.
97	(b)  Comply with the antidiscrimination provisions of 42
98	U.S.C. s. 2000d.
99	(c)  Meet state and local health and safety laws and codes.
100	(d)  Comply with all state laws relating to general
101	regulation of nonpublic schools.
102	(9)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The Department
103	of Education shall:
104	(a)  Annually submit to the department, by March 15, a list
105	of eligible nonprofit scholarship-funding organizations that
106	meet the requirements of paragraph (2)(c).
107	(b)  Annually verify the eligibility of nonprofit
108	scholarship-funding organizations that meet the requirements of
109	paragraph (2)(c).
110	(c)  Annually verify the eligibility of private schools
111	that meet the requirements of subsection (8).
112	(d)  Annually verify the eligibility of expenditures as
113	provided in paragraph (6)(d) using the audit required by
114	paragraph (6)(l).
115	(e)  Establish a toll-free hotline that provides parents
116	and private schools with information on participation in the
117	scholarship program.
118	(f)  Establish a process by which individuals may notify
119	the Department of Education of any violation by a parent,
120	private school, or school district of state laws relating to
121	program participation. The Department of Education shall conduct
122	an inquiry of any written complaint of a violation of this
123	section, or make a referral to the appropriate agency for an
124	investigation, if the complaint is signed by the complainant and
125	is legally sufficient. A complaint is legally sufficient if it
126	contains ultimate facts that show that a violation of this
127	section or any rule adopted by the State Board of Education has
128	occurred. In order to determine legal sufficiency, the
129	Department of Education may require supporting information or
130	documentation from the complainant. A department inquiry is not
131	subject to the requirements of chapter 120.
132	(g)  Require an annual, notarized, sworn compliance
133	statement by participating private schools certifying compliance
134	with state laws and shall retain such records.
135	(h)  Cross-check the list of participating scholarship
136	students with the public school enrollment lists to avoid
137	duplication.
138	(i)  Notify an eligible nonprofit scholarship-funding
139	organization of any of the organization's identified students
140	who are receiving educational scholarships pursuant to chapter
141	1002.
142	(j)  Notify an eligible nonprofit scholarship-funding
143	organization of any of the organization's identified students
144	who are receiving corporate income tax credit scholarships from
145	other eligible nonprofit scholarship-funding organizations.
146	(k)  Require quarterly reports by an eligible nonprofit
147
148	======= T I T L E  A M E N D M E N T =======
149	Remove line(s) 61-63 and insert:
150	and certification of compliance by private schools; providing
151	Commissioner of Education

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