Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SPB 7104
                        Barcode 424218
                            CHAMBER ACTION
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11  The Committee on Judiciary (Webster) recommended the following
12  amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 1008.3455, Florida Statutes, is
19  created to read:
20         1008.3455  Improvement program for schools failing to
21  make adequate progress.--
22         (1)  It is the intent of the Legislature that the state
23  develop and implement a comprehensive strategic program to
24  facilitate the improvement of schools that are failing to make
25  adequate progress based on the school performance grading
26  categories established by law. The Legislature finds that
27  achieving meaningful and lasting progress in these schools
28  will take a number of years. Thus, it is the further intent of
29  the Legislature that the program developed under this section
30  include a multi-year design and implementation schedule, with
31  measurable goals and objectives for these schools.
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 (2) In coordination with the responsibilities 2 prescribed in s. 1008.345, the Commissioner of Education shall 3 develop and submit to the President of the Senate and the 4 Speaker of the House of Representatives, no later than 5 February 1, 2007, a multifaceted program of policies and 6 practices targeted specifically toward schools in the "F" 7 grade category under s. 1008.34. 8 (a) At a minimum, the program must include an 9 assessment of the extent to which new policies, or 10 enhancements to existing policies, in the following areas 11 would facilitate improvement at these schools: 12 1. Capital improvements to school facilities; 13 2. Salaries for teachers and staff; 14 3. Incentives for outstanding faculty and staff to 15 transfer to these schools; 16 4. Equipment and supplies; 17 5. Technology infrastructure, hardware, or software; 18 6. Incentives to encourage parental or other family 19 participation; and 20 7. Mentoring and other community participation. 21 (b) The program must include a suggested order of 22 priority and timeline for enacting, funding, and implementing 23 policies and practices over a 5-year period. The program 24 shall identify those elements of the program that can be 25 accomplished within existing statutory authority and those 26 elements that will require new statutory authority. The 27 program must include specific recommendations for action by 28 the Legislature. 29 (3)(a) To assist in development and implementation of 30 the program required by this section, the commissioner shall 31 create an advisory committee comprised of at least two 2 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 teachers, two staff persons, and two parents of students from 2 one or more schools that are failing to make adequate progress 3 based on the school performance grading categories, as well as 4 any other individuals the commissioner deems appropriate. 5 (b) In developing and implementing the program, the 6 commissioner shall consult with: 7 1. The Office of Program Policy Analysis and 8 Government Accountability; and 9 2. The district community assessment teams assigned 10 under s. 1008.345. 11 (4) The program shall be developed in coordination 12 with, and shall be consistent with, other strategic planning 13 initiatives of the Department of Education or the State Board 14 of Education. 15 (5) The commissioner shall report annually to the 16 Governor, the President of the Senate, and the Speaker of the 17 House of Representatives on implementation of the program. 18 Section 2. Section 220.187, Florida Statutes, is 19 amended to read: 20 220.187 Credits for contributions to nonprofit 21 scholarship-funding organizations; families with limited 22 financial resources.-- 23 (1) PURPOSE.--The purpose of this section is to: 24 (a) Encourage private, voluntary contributions to 25 nonprofit scholarship-funding organizations. 26 (b) Expand educational opportunities for children of 27 families that have limited financial resources. 28 (c) Enable children in this state to achieve a greater 29 level of excellence in their education. 30 (2) DEFINITIONS.--As used in this section, the term: 31 (a) "Department" means the Department of Revenue. 3 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 (b) "Eligible contribution" means a monetary 2 contribution from a taxpayer, subject to the restrictions 3 provided in this section, to an eligible nonprofit 4 scholarship-funding organization. The taxpayer making the 5 contribution may not designate a specific child as the 6 beneficiary of the contribution. The taxpayer may not 7 contribute more than $5 million to any single eligible 8 nonprofit scholarship-funding organization. 9 (c) "Eligible nonpublic school" means a nonpublic 10 school located in Florida that offers an education to students 11 in any grades K-12 and that meets the requirements in 12 subsection (6). 13 (d) "Eligible nonprofit scholarship-funding 14 organization" means a charitable organization that is exempt 15 from federal income tax pursuant to s. 501(c)(3) of the 16 Internal Revenue Code and that complies with the provisions of 17 subsection (4). An eligible nonprofit scholarship-funding 18 organization that is authorized to provide scholarships under 19 s. 220.1875 may, subject to approval by the Department of 20 Education, be authorized to provide scholarships under this 21 section. 22 (e) "Qualified student" means a student who qualifies 23 for free or reduced-price school lunches under the National 24 School Lunch Act and who: 25 1. Was counted as a full-time equivalent student 26 during the previous state fiscal year for purposes of state 27 per-student funding; 28 2. Received a scholarship from an eligible nonprofit 29 scholarship-funding organization during the previous school 30 year; or 31 3. Is eligible to enter kindergarten or first grade. 4 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 (3) AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX 2 CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.-- 3 (a) There is allowed a credit of 100 percent of an 4 eligible contribution against any tax due for a taxable year 5 under this chapter. However, such a credit may not exceed 75 6 percent of the tax due under this chapter for the taxable 7 year, after the application of any other allowable credits by 8 the taxpayer. However, at least 5 percent of the total 9 statewide amount authorized for the tax credit shall be 10 reserved for taxpayers who meet the definition of a small 11 business provided in s. 288.703(1) at the time of application. 12 The credit granted by this section shall be reduced by the 13 difference between the amount of federal corporate income tax 14 taking into account the credit granted by this section and the 15 amount of federal corporate income tax without application of 16 the credit granted by this section. 17 (b) The total amount of tax credits and carryforward 18 of tax credits which may be granted each state fiscal year 19 under this section is $88 million. 20 (c) A taxpayer who files a Florida consolidated return 21 as a member of an affiliated group pursuant to s. 220.131(1) 22 may be allowed the credit on a consolidated return basis; 23 however, the total credit taken by the affiliated group is 24 subject to the limitation established under paragraph (a). 25 (4) OBLIGATIONS OF ELIGIBLE NONPROFIT 26 SCHOLARSHIP-FUNDING ORGANIZATIONS.-- 27 (a) An eligible nonprofit scholarship-funding 28 organization shall provide scholarships, from eligible 29 contributions, to qualified students for: 30 1. Tuition or textbook expenses for, or transportation 31 to, an eligible nonpublic school. At least 75 percent of the 5 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 scholarship funding must be used to pay tuition expenses; or 2 2. Transportation expenses to a Florida public school 3 that is located outside the district in which the student 4 resides. 5 (b) An eligible nonprofit scholarship-funding 6 organization shall give priority to qualified students who 7 received a scholarship from an eligible nonprofit 8 scholarship-funding organization during the previous school 9 year. 10 (c) The amount of a scholarship provided to any child 11 for any single school year by all eligible nonprofit 12 scholarship-funding organizations from eligible contributions 13 shall not exceed the following annual limits: 14 1. Three thousand five hundred dollars for a 15 scholarship awarded to a student enrolled in an eligible 16 nonpublic school. 17 2. Five hundred dollars for a scholarship awarded to a 18 student enrolled in a Florida public school that is located 19 outside the district in which the student resides. 20 (d) The amount of an eligible contribution which may 21 be accepted by an eligible nonprofit scholarship-funding 22 organization is limited to the amount needed to provide 23 scholarships for qualified students which the organization has 24 identified and for which vacancies in eligible nonpublic 25 schools have been identified. 26 (e) An eligible nonprofit scholarship-funding 27 organization that receives an eligible contribution must spend 28 100 percent of the eligible contribution to provide 29 scholarships in the same state fiscal year in which the 30 contribution was received. No portion of eligible 31 contributions may be used for administrative expenses. All 6 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 interest accrued from contributions must be used for 2 scholarships. 3 (f) An eligible nonprofit scholarship-funding 4 organization that receives eligible contributions must provide 5 to the Auditor General an annual financial and compliance 6 audit of its accounts and records conducted by an independent 7 certified public accountant and in accordance with rules 8 adopted by the Auditor General. 9 (g) Payment of the scholarship by the eligible 10 nonprofit scholarship-funding organization shall be by 11 individual warrant or check made payable to the student's 12 parent. If the parent chooses for his or her child to attend 13 an eligible nonpublic school, the warrant or check must be 14 mailed by the eligible nonprofit scholarship-funding 15 organization to the nonpublic school of the parent's choice, 16 and the parent shall restrictively endorse the warrant or 17 check to the nonpublic school. An eligible nonprofit 18 scholarship-funding organization shall ensure that, upon 19 receipt of a scholarship warrant or check, the parent to whom 20 the warrant or check is made restrictively endorses the 21 warrant or check to the nonpublic school of the parent's 22 choice for deposit into the account of the nonpublic school. 23 (5) PARENT OBLIGATIONS.--As a condition for 24 scholarship payment pursuant to paragraph (4)(g), if the 25 parent chooses for his or her child to attend an eligible 26 nonpublic school, the parent must inform the child's school 27 district within 15 days after such decision. 28 (6) ELIGIBLE NONPUBLIC SCHOOL OBLIGATIONS.--An 29 eligible nonpublic school must: 30 (a) Demonstrate fiscal soundness by being in operation 31 for one school year or provide the Department of Education 7 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 with a statement by a certified public accountant confirming 2 that the nonpublic school desiring to participate is insured 3 and the owner or owners have sufficient capital or credit to 4 operate the school for the upcoming year serving the number of 5 students anticipated with expected revenues from tuition and 6 other sources that may be reasonably expected. In lieu of such 7 a statement, a surety bond or letter of credit for the amount 8 equal to the scholarship funds for any quarter may be filed 9 with the department. 10 (b) Comply with the antidiscrimination provisions of 11 42 U.S.C. s. 2000d. 12 (c) Meet state and local health and safety laws and 13 codes. 14 (d) Comply with all state laws relating to general 15 regulation of nonpublic schools. 16 (7) ADMINISTRATION; RULES.-- 17 (a) If the credit granted pursuant to this section is 18 not fully used in any one year because of insufficient tax 19 liability on the part of the corporation, the unused amount 20 may be carried forward for a period not to exceed 3 years; 21 however, any taxpayer that seeks to carry forward an unused 22 amount of tax credit must submit an application for allocation 23 of tax credits or carryforward credits as required in 24 paragraph (d) in the year that the taxpayer intends to use the 25 carryforward. The total amount of tax credits and carryforward 26 of tax credits granted each state fiscal year under this 27 section is $88 million. This carryforward applies to all 28 approved contributions made after January 1, 2002. A taxpayer 29 may not convey, assign, or transfer the credit authorized by 30 this section to another entity unless all of the assets of the 31 taxpayer are conveyed, assigned, or transferred in the same 8 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 transaction. 2 (b) An application for a tax credit pursuant to this 3 section shall be submitted to the department on forms 4 established by rule of the department. 5 (c) The department and the Department of Education 6 shall develop a cooperative agreement to assist in the 7 administration of this section. The Department of Education 8 shall be responsible for annually submitting, by March 15, to 9 the department a list of eligible nonprofit 10 scholarship-funding organizations that meet the requirements 11 of paragraph (2)(d) and for monitoring eligibility of 12 nonprofit scholarship-funding organizations that meet the 13 requirements of paragraph (2)(d), eligibility of nonpublic 14 schools that meet the requirements of paragraph (2)(c), and 15 eligibility of expenditures under this section as provided in 16 subsection (4). 17 (d) The department shall adopt rules necessary to 18 administer this section, including rules establishing 19 application forms and procedures and governing the allocation 20 of tax credits and carryforward credits under this section on 21 a first-come, first-served basis. 22 (e) The Department of Education shall adopt rules 23 necessary to determine eligibility of nonprofit 24 scholarship-funding organizations as defined in paragraph 25 (2)(d) and according to the provisions of subsection (4) and 26 identify qualified students as defined in paragraph (2)(e). 27 (8) DEPOSITS OF ELIGIBLE CONTRIBUTIONS.-- 28 (a) All eligible contributions received by an eligible 29 nonprofit scholarship-funding organization shall be deposited 30 in a manner consistent with s. 17.57(2). 31 (b) A nonprofit scholarship-funding organization that 9 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 is authorized to receive donations and distribute scholarships 2 under this section and s. 220.1875 shall account for donations 3 and scholarships separately by each tax credit program. If in 4 a single fiscal year the amount of donations available for 5 distribution as scholarships in one program exceeds the demand 6 for scholarships under that program for that fiscal year, the 7 organization may, with approval from the Department of 8 Education, apply those surplus funds to meet demand in the 9 other program. 10 Section 3. Section 220.1875, Florida Statutes, is 11 created to read: 12 220.1875 Credits for contributions to nonprofit 13 scholarship-funding organizations; families of students 14 attending schools failing to make adequate progress.-- 15 (1) PURPOSE.--The purpose of this section is to: 16 (a) Ensure that, while the state is implementing a 17 multi-year, comprehensive strategic program to facilitate the 18 improvement of schools that are failing to make adequate 19 progress based on school performance grading categories, 20 students attending failing schools are not denied the 21 opportunity to gain the knowledge and skills necessary for 22 postsecondary education, a career education, or the world of 23 work. 24 (b) Enable the state to fulfill the responsibility, as 25 articulated by voters in 1998 through an amendment to s. 1, 26 Art. IX of the State Constitution, to make education a 27 paramount duty of the state. 28 (c) Complement the constitutional requirement to 29 provide a uniform, efficient, safe, secure, and high-quality 30 system of free public schools by providing educational 31 opportunities to students attending failing public schools 10 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 without impeding the ability of those schools to improve. 2 (d) Encourage private, voluntary contributions to 3 nonprofit scholarship-funding organizations. 4 (2) DEFINITIONS.--As used in this section, the term: 5 (a) "Department" means the Department of Revenue. 6 (b) "Eligible contribution" means a monetary 7 contribution from a taxpayer, subject to the restrictions 8 provided in this section, to an eligible nonprofit 9 scholarship-funding organization. The taxpayer making the 10 contribution may not designate a specific child as the 11 beneficiary of the contribution. The taxpayer may not 12 contribute more than $5 million to any single eligible 13 nonprofit scholarship-funding organization. 14 (c) "Eligible nonpublic school" means a nonpublic 15 school located in Florida that offers an education to students 16 in any grades K-12 and that meets the requirements in 17 subsection (9). 18 (d) "Eligible nonprofit scholarship-funding 19 organization" means a charitable organization as defined in s. 20 220.187(2)(d) that is exempt from federal income tax pursuant 21 to s. 501(c)(3) of the Internal Revenue Code and that complies 22 with the provisions of subsection (5). An eligible nonprofit 23 scholarship-funding organization that is authorized to provide 24 scholarships under s. 220.187 may, subject to approval by the 25 Department of Education, be authorized to provide scholarships 26 under this section. 27 (e) "Qualified student" means a student who: 28 1. Has spent the prior school year in attendance at a 29 public school that has been designated under s. 1008.34 as 30 performance grade category "F," failing to make adequate 31 progress, and that has had 2 school years in a 4-year period 11 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 of such low performance, and the student's attendance occurred 2 during a school year in which such designation was in effect; 3 2. Has been in attendance elsewhere in the public 4 school system and has been assigned to such school for the 5 next school year; or 6 3. Is entering kindergarten or first grade and has 7 been notified that the student has been assigned to such 8 school for the next school year. 9 10 The provisions of this section shall not apply to a student 11 who is enrolled in a school operating for the purpose of 12 providing educational services to youth in Department of 13 Juvenile Justice commitment programs. 14 (3) SCHOOL DISTRICT OBLIGATIONS.-- 15 (a) A school district shall, for each student enrolled 16 in or assigned to a school that has been designated as 17 performance grade category "F" for 2 school years in a 4-year 18 period: 19 1. Timely notify the parent of the student as soon as 20 such designation is made of all options available pursuant to 21 this section; 22 2. Offer that student's parent an opportunity to 23 enroll the student in another public school within the 24 district that has been designated by the state pursuant to s. 25 1008.34 as a school performing higher than the school in which 26 the student is currently enrolled or to which the student has 27 been assigned, but not less than performance grade category 28 "C"; and 29 3. Inform that student's parent of the child's 30 eligibility to receive a scholarship under this section to 31 enroll the student in and transport the student to attend a 12 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 public school outside the district that has been designated by 2 the state pursuant to s. 1008.34 as a school performing higher 3 than that in which the student is currently enrolled or to 4 which the student has been assigned, but not less than 5 performance grade category "C," or to attend an eligible 6 nonpublic school. 7 (b) A higher-performing public school that has 8 available space in an adjacent school district shall accept 9 students qualified under this section and report the students 10 for purposes of the district's funding pursuant to the Florida 11 Education Finance Program. 12 (c) For students in the school district who are 13 attending nonpublic schools under this section, the school 14 district shall provide locations and times to take all 15 statewide assessments required pursuant to s. 1008.22. 16 (d) Students with disabilities who are eligible to 17 receive services from the school district under federal or 18 state law, and who receive a scholarship under this section, 19 remain eligible to receive services from the school district 20 as provided by federal or state law. 21 (4) AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX 22 CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.-- 23 (a) There is allowed a credit of 100 percent of an 24 eligible contribution against any tax due for a taxable year 25 under this chapter. However, such a credit may not exceed 75 26 percent of the tax due under this chapter for the taxable 27 year, after the application of any other allowable credits by 28 the taxpayer. However, at least 5 percent of the total 29 statewide amount authorized for the tax credit shall be 30 reserved for taxpayers who meet the definition of a small 31 business provided in s. 288.703(1) at the time of application. 13 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 The credit granted by this section shall be reduced by the 2 difference between the amount of federal corporate income tax 3 taking into account the credit granted by this section and the 4 amount of federal corporate income tax without application of 5 the credit granted by this section. 6 (b) The total amount of tax credits and carryforward 7 of tax credits which may be granted each state fiscal year 8 under this section is $5 million. 9 (c) A taxpayer who files a Florida consolidated return 10 as a member of an affiliated group pursuant to s. 220.131(1) 11 may be allowed the credit on a consolidated return basis; 12 however, the total credit taken by the affiliated group is 13 subject to the limitation established under paragraph (a). 14 (5) OBLIGATIONS OF ELIGIBLE NONPROFIT 15 SCHOLARSHIP-FUNDING ORGANIZATIONS.-- 16 (a) An eligible nonprofit scholarship-funding 17 organization shall provide scholarships, from eligible 18 contributions, to qualified students for: 19 1. Tuition and fees for a qualified student enrolled 20 in an eligible nonpublic school. 21 2. Transportation expenses to a Florida public school 22 that is located outside the district in which the qualified 23 student resides. 24 (b) For continuity of educational choice, an eligible 25 nonprofit scholarship-funding organization shall give priority 26 to qualified students who received a scholarship to attend an 27 eligible nonpublic school during the previous school year. 28 (c) The amount of a scholarship provided to any 29 qualified student for any single school year by all eligible 30 nonprofit scholarship-funding organizations from eligible 31 contributions shall not exceed the following annual limits: 14 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 1. For qualified students who choose to attend an 2 eligible nonpublic school, the lesser of: 3 a. The student's tuition and fees to attend an 4 eligible nonpublic school; or 5 b. A calculated amount equivalent to the base student 6 allocation in the Florida Education Finance Program multiplied 7 by the appropriate cost factor for the educational program 8 that will be provided for the student in the district school 9 to which he or she is assigned, multiplied by the district 10 cost differential. In addition, the calculated amount shall 11 include the per-student share of instructional materials 12 funds, technology funds, and other categorical funds. 13 2. For qualified students who choose to attend a 14 higher performing public school that is located outside the 15 district in which the student resides, five hundred dollars. 16 (d) The amount of an eligible contribution which may 17 be accepted by an eligible nonprofit scholarship-funding 18 organization is limited to the amount needed to provide 19 scholarships for qualified students which the organization has 20 identified and for which vacancies in eligible nonpublic 21 schools have been identified. 22 (e) An eligible nonprofit scholarship-funding 23 organization that receives an eligible contribution must spend 24 100 percent of the eligible contribution to provide 25 scholarships in the same state fiscal year in which the 26 contribution was received. No portion of eligible 27 contributions may be used for administrative expenses. All 28 interest accrued from contributions must be used for 29 scholarships. 30 (f) An eligible nonprofit scholarship-funding 31 organization that receives eligible contributions must provide 15 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 to the Auditor General an annual financial and compliance 2 audit of its accounts and records conducted by an independent 3 certified public accountant and in accordance with rules 4 adopted by the Auditor General. 5 (g) Payment of the scholarship by the eligible 6 nonprofit scholarship-funding organization shall be by 7 individual warrant or check made payable to the student's 8 parent. If the parent chooses for his or her child to attend 9 an eligible nonpublic school, the warrant or check must be 10 mailed by the eligible nonprofit scholarship-funding 11 organization to the nonpublic school of the parent's choice, 12 and the parent shall restrictively endorse the warrant or 13 check to the nonpublic school. An eligible nonprofit 14 scholarship-funding organization shall ensure that, upon 15 receipt of a scholarship warrant or check, the parent to whom 16 the warrant or check is made restrictively endorses the 17 warrant or check to the nonpublic school of the parent's 18 choice for deposit into the account of the nonpublic school. 19 (6) PARENT OBLIGATIONS.--As a condition for 20 scholarship payment pursuant to paragraph (5)(g), if the 21 parent chooses for his or her child to attend an eligible 22 nonpublic school, the parent must: 23 (a) Obtain acceptance for admission of the student to 24 an eligible nonpublic school and inform the child's school 25 district within 15 days after receiving acceptance; 26 (b) Comply fully with the nonpublic school's parental 27 involvement requirements, unless excused by the school for 28 illness or other good cause; and 29 (c) Ensure that the student receiving a scholarship 30 under this section takes all statewide assessments required 31 pursuant to s. 1008.22; 16 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 (7) STUDENT OBLIGATIONS.--As a condition for 2 scholarship payment pursuant to paragraph (5)(g), if the 3 parent chooses for his or her child to attend an eligible 4 nonpublic school, the student must remain in attendance 5 throughout the school year, unless excused by the school for 6 illness or other good cause, and must comply fully with the 7 school's code of conduct. 8 (8) DURATION OF SCHOLARSHIP.-- 9 (a) For purposes of continuity of educational choice, 10 a scholarship granted under this section shall remain in force 11 until the student returns to the pubic school to which the 12 student was originally assigned or: 13 1. If the student is in grades kindergarten through 14 five, until the student matriculates to the sixth grade and 15 the pubic middle school to which the student is assigned is an 16 accredited school with a performance grade category 17 designation of "C" or better; 18 2. If the student is in grades six through eight, 19 until the student matriculates to high school and the public 20 high school to which the student is assigned is an accredited 21 school with a performance grade category designation of "C" or 22 better. 23 24 At any time upon reasonable notice to the Department of 25 Education and the school district, the student's parent may 26 remove the student from the nonpublic school and place the 27 student in a public school, as provided in subparagraph 28 (3)(a)2. 29 (b) A school from which a student transfers using a 30 scholarship under this section may continue to report the 31 student for purpose of the district's funding pursuant to the 17 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 Florida Education Finance Program for the remainder of the 2 period during which the student would have attended that 3 school. The district shall provide the funding associated 4 with that student directly to the respective public school. 5 The school may not report the student under this paragraph 6 beyond the period after which the student would have 7 matriculated to another school. 8 (9) ELIGIBLE NONPUBLIC SCHOOL OBLIGATIONS.--An 9 eligible nonpublic school must: 10 (a) Demonstrate fiscal soundness by being in operation 11 for one school year or provide the Department of Education 12 with a statement by a certified public accountant confirming 13 that the nonpublic school desiring to participate is insured 14 and the owner or owners have sufficient capital or credit to 15 operate the school for the upcoming year serving the number of 16 students anticipated with expected revenues from tuition and 17 other sources that may be reasonably expected. In lieu of such 18 a statement, a surety bond or letter of credit for the amount 19 equal to the scholarship funds for any quarter may be filed 20 with the department. 21 (b) Notify the Department of Education, the school 22 district in whose service area the school is located, and all 23 eligible nonprofit scholarship funding organizations of its 24 intent to participate in the program under this section by May 25 1 of the school year preceding the school year in which it 26 intends to participate. The notice shall specify the grade 27 levels and services that the private school has available for 28 qualified students under this section. 29 (c) Comply with the antidiscrimination provisions of 30 42 U.S.C. s. 2000d. 31 (d) Meet state and local health and safety laws and 18 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 codes. 2 (e) Comply with all state laws relating to general 3 regulation of nonpublic schools. 4 (f) Accept scholarship students on an entirely random 5 and religious-neutral basis without regard to the student's 6 past academic history; however, the nonpublic school may give 7 preference in accepting applications to siblings of students 8 who have already been accepted on a random and 9 religious-neutral basis. 10 (g) Be subject to the instruction, curriculum, and 11 attendance criteria adopted by an appropriate nonpublic school 12 accrediting body and be academically accountable to the parent 13 for meeting the educational needs of the student. The 14 nonpublic school must furnish a school profile which includes 15 student performance. 16 (h) Employ or contract with teachers who hold a 17 baccalaureate or higher degree, or have at least 3 years of 18 teaching experience in public or private schools, or have 19 special skills, knowledge, or expertise that qualifies them to 20 provide instruction in subjects taught. 21 (i) Comply with all state statutes relating to private 22 schools. 23 (j) Accept as full tuition and fees the amount 24 provided by the state nonprofit scholarship-funding 25 organization for each student. 26 (k) Agree not to compel any student attending the 27 private school under this section to profess a specific 28 ideological belief, to pray, or to worship. 29 (l) Adhere to the tenets of its published disciplinary 30 procedures prior to the expulsion of any student attending the 31 private school under this section. 19 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 (10) ADMINISTRATION; RULES.-- 2 (a) If the credit granted pursuant to this section is 3 not fully used in any one year because of insufficient tax 4 liability on the part of the corporation, the unused amount 5 may be carried forward for a period not to exceed 3 years; 6 however, any taxpayer that seeks to carry forward an unused 7 amount of tax credit must submit an application for allocation 8 of tax credits or carryforward credits as required in 9 paragraph (d) in the year that the taxpayer intends to use the 10 carryforward. The total amount of tax credits and carryforward 11 of tax credits granted each state fiscal year under this 12 section is $5 million. A taxpayer may not convey, assign, or 13 transfer the credit authorized by this section to another 14 entity unless all of the assets of the taxpayer are conveyed, 15 assigned, or transferred in the same transaction. 16 (b) An application for a tax credit pursuant to this 17 section shall be submitted to the department on forms 18 established by rule of the department. 19 (c) The department and the Department of Education 20 shall develop a cooperative agreement to assist in the 21 administration of this section. The Department of Education 22 shall be responsible for annually submitting, by March 15, to 23 the department a list of eligible nonprofit 24 scholarship-funding organizations that meet the requirements 25 of paragraph (2)(d) and for monitoring eligibility of 26 nonprofit scholarship-funding organizations that meet the 27 requirements of paragraph (2)(d), eligibility of nonpublic 28 schools that meet the requirements of paragraph (2)(c), and 29 eligibility of expenditures under this section as provided in 30 subsection (5). 31 (d) The department shall adopt rules pursuant to ss. 20 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 120.536(1) and 120.54 necessary to administer this section, 2 including rules establishing application forms and procedures 3 and governing the allocation of tax credits and carryforward 4 credits under this section on a first-come, first-served 5 basis. 6 (e) The Department of Education shall adopt rules 7 pursuant to ss. 120.536(1) and 120.54 necessary to determine 8 eligibility of nonprofit scholarship-funding organizations as 9 defined in paragraph (2)(d) and according to the provisions of 10 subsection (5) and identify qualified students as defined in 11 paragraph (2)(e). 12 (11) DEPOSITS OF ELIGIBLE CONTRIBUTIONS.-- 13 (a) All eligible contributions received by an eligible 14 nonprofit scholarship-funding organization shall be deposited 15 in a manner consistent with s. 17.57(2). 16 (b) A nonprofit scholarship-funding organization that 17 is authorized to receive donations and distribute scholarships 18 under this section and s. 220.187 shall account for donations 19 and scholarships separately by each tax credit program. If in 20 a single fiscal year the amount of donations available for 21 distribution as scholarships in one program exceeds the demand 22 for scholarships under that program for that fiscal year, the 23 organization may, with approval from the Department of 24 Education, apply those surplus funds to meet demand in the 25 other program. 26 Section 4. Paragraph (y) is added to subsection (7) of 27 section 213.053, Florida Statutes, to read: 28 213.053 Confidentiality and information sharing.-- 29 (7) Notwithstanding any other provision of this 30 section, the department may provide: 31 (y) Information relative to s. 220.1875 to the 21 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 Department of Education in the conduct of its official 2 business. 3 4 Disclosure of information under this subsection shall be 5 pursuant to a written agreement between the executive director 6 and the agency. Such agencies, governmental or 7 nongovernmental, shall be bound by the same requirements of 8 confidentiality as the Department of Revenue. Breach of 9 confidentiality is a misdemeanor of the first degree, 10 punishable as provided by s. 775.082 or s. 775.083. 11 Section 5. Subsection (8) of section 220.02, Florida 12 Statutes, is amended to read: 13 220.02 Legislative intent.-- 14 (8) It is the intent of the Legislature that credits 15 against either the corporate income tax or the franchise tax 16 be applied in the following order: those enumerated in s. 17 631.828, those enumerated in s. 220.191, those enumerated in 18 s. 220.181, those enumerated in s. 220.183, those enumerated 19 in s. 220.182, those enumerated in s. 220.1895, those 20 enumerated in s. 221.02, those enumerated in s. 220.184, those 21 enumerated in s. 220.186, those enumerated in s. 220.1845, 22 those enumerated in s. 220.19, those enumerated in s. 220.185, 23 and those enumerated in s. 220.187, and those enumerated in s. 24 220.1875. 25 Section 6. Paragraph (a) of subsection (1) of section 26 220.13, Florida Statutes, is amended to read: 27 220.13 "Adjusted federal income" defined.-- 28 (1) The term "adjusted federal income" means an amount 29 equal to the taxpayer's taxable income as defined in 30 subsection (2), or such taxable income of more than one 31 taxpayer as provided in s. 220.131, for the taxable year, 22 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 adjusted as follows: 2 (a) Additions.--There shall be added to such taxable 3 income: 4 1. The amount of any tax upon or measured by income, 5 excluding taxes based on gross receipts or revenues, paid or 6 accrued as a liability to the District of Columbia or any 7 state of the United States which is deductible from gross 8 income in the computation of taxable income for the taxable 9 year. 10 2. The amount of interest which is excluded from 11 taxable income under s. 103(a) of the Internal Revenue Code or 12 any other federal law, less the associated expenses disallowed 13 in the computation of taxable income under s. 265 of the 14 Internal Revenue Code or any other law, excluding 60 percent 15 of any amounts included in alternative minimum taxable income, 16 as defined in s. 55(b)(2) of the Internal Revenue Code, if the 17 taxpayer pays tax under s. 220.11(3). 18 3. In the case of a regulated investment company or 19 real estate investment trust, an amount equal to the excess of 20 the net long-term capital gain for the taxable year over the 21 amount of the capital gain dividends attributable to the 22 taxable year. 23 4. That portion of the wages or salaries paid or 24 incurred for the taxable year which is equal to the amount of 25 the credit allowable for the taxable year under s. 220.181. 26 The provisions of this subparagraph shall expire and be void 27 on June 30, 2005. 28 5. That portion of the ad valorem school taxes paid or 29 incurred for the taxable year which is equal to the amount of 30 the credit allowable for the taxable year under s. 220.182. 31 The provisions of this subparagraph shall expire and be void 23 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 on June 30, 2005. 2 6. The amount of emergency excise tax paid or accrued 3 as a liability to this state under chapter 221 which tax is 4 deductible from gross income in the computation of taxable 5 income for the taxable year. 6 7. That portion of assessments to fund a guaranty 7 association incurred for the taxable year which is equal to 8 the amount of the credit allowable for the taxable year. 9 8. In the case of a nonprofit corporation which holds 10 a pari-mutuel permit and which is exempt from federal income 11 tax as a farmers' cooperative, an amount equal to the excess 12 of the gross income attributable to the pari-mutuel operations 13 over the attributable expenses for the taxable year. 14 9. The amount taken as a credit for the taxable year 15 under s. 220.1895. 16 10. Up to nine percent of the eligible basis of any 17 designated project which is equal to the credit allowable for 18 the taxable year under s. 220.185. 19 11. The amount taken as a credit for the taxable year 20 under s. 220.187. 21 12. The amount taken as a credit for the taxable year 22 under s. 220.1875. 23 Section 7. Section 220.701, Florida Statutes, is 24 amended to read: 25 220.701 Collection authority.--The department shall 26 collect the taxes imposed by this chapter and shall pay all 27 moneys received by it into the Corporate Income Tax Trust Fund 28 created under s. 220.115 General Revenue Fund of the state. 29 Section 8. Subsection (13) of section 1001.10, Florida 30 Statutes, is amended to read: 31 1001.10 Commissioner of Education; general powers and 24 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 duties.--The Commissioner of Education is the chief 2 educational officer of the state, and is responsible for 3 giving full assistance to the State Board of Education in 4 enforcing compliance with the mission and goals of the 5 seamless K-20 education system. To facilitate innovative 6 practices and to allow local selection of educational methods, 7 the State Board of Education may authorize the commissioner to 8 waive, upon the request of a district school board, State 9 Board of Education rules that relate to district school 10 instruction and school operations, except those rules 11 pertaining to civil rights, and student health, safety, and 12 welfare. The Commissioner of Education is not authorized to 13 grant waivers for any provisions in rule pertaining to the 14 allocation and appropriation of state and local funds for 15 public education; the election, compensation, and organization 16 of school board members and superintendents; graduation and 17 state accountability standards; financial reporting 18 requirements; reporting of out-of-field teaching assignments 19 under s. 1012.42; public meetings; public records; or due 20 process hearings governed by chapter 120. No later than 21 January 1 of each year, the commissioner shall report to the 22 Legislature and the State Board of Education all approved 23 waiver requests in the preceding year. Additionally, the 24 commissioner has the following general powers and duties: 25 (13) To prepare and publish annually reports giving 26 statistics and other useful information pertaining to the tax 27 credit programs under ss. 220.187 and 220.1875 Opportunity 28 Scholarship Program. 29 30 The commissioner's office shall operate all statewide 31 functions necessary to support the State Board of Education 25 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 and the K-20 education system, including strategic planning 2 and budget development, general administration, and assessment 3 and accountability. 4 Section 9. Section 1002.38, Florida Statutes, is 5 repealed. 6 Section 10. Section 1002.39, Florida Statutes, is 7 amended to read: 8 1002.39 The John M. McKay Scholarships for Students 9 with Disabilities Program.--There is established a program 10 that is separate and distinct from the Opportunity Scholarship 11 Program and is named the John M. McKay Scholarships for 12 Students with Disabilities Program, pursuant to this section. 13 (1) THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH 14 DISABILITIES PROGRAM.--The John M. McKay Scholarships for 15 Students with Disabilities Program is established to provide 16 the option to attend a public school other than the one to 17 which assigned, or to provide a scholarship to a private 18 school of choice, for students with disabilities for whom an 19 individual education plan has been written in accordance with 20 rules of the State Board of Education. Students with 21 disabilities include K-12 students who are mentally 22 handicapped, speech and language impaired, deaf or hard of 23 hearing, visually impaired, dual sensory impaired, physically 24 impaired, emotionally handicapped, specific learning disabled, 25 hospitalized or homebound, or autistic. 26 (2) SCHOLARSHIP ELIGIBILITY.--The parent of a public 27 school student with a disability who is dissatisfied with the 28 student's progress may request and receive from the state a 29 John M. McKay Scholarship for the child to enroll in and 30 attend a private school in accordance with this section if: 31 (a) By assigned school attendance area or by special 26 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 assignment, the student has spent the prior school year in 2 attendance at a Florida public school. Prior school year in 3 attendance means that the student was enrolled and reported by 4 a school district for funding during the preceding October and 5 February Florida Education Finance Program surveys in 6 kindergarten through grade 12. However, this paragraph does 7 not apply to a dependent child of a member of the United 8 States Armed Forces who transfers to a school in this state 9 from out of state or from a foreign country pursuant to a 10 parent's permanent change of station orders. A dependent child 11 of a member of the United States Armed Forces who transfers to 12 a school in this state from out of state or from a foreign 13 country pursuant to a parent's permanent change of station 14 orders must meet all other eligibility requirements to 15 participate in the program. 16 (b) The parent has obtained acceptance for admission 17 of the student to a private school that is eligible for the 18 program under subsection (4) and has notified the school 19 district of the request for a scholarship at least 60 days 20 prior to the date of the first scholarship payment. The 21 parental notification must be through a communication directly 22 to the district or through the Department of Education to the 23 district in a manner that creates a written or electronic 24 record of the notification and the date of receipt of the 25 notification. This section does not apply to a student who is 26 enrolled in a school operating for the purpose of providing 27 educational services to youth in Department of Juvenile 28 Justice commitment programs. For purposes of continuity of 29 educational choice, the scholarship shall remain in force 30 until the student returns to a public school or graduates from 31 high school. However, at any time, the student's parent may 27 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 remove the student from the private school and place the 2 student in another private school that is eligible for the 3 program under subsection (4) or in a public school as provided 4 in subsection (3). 5 (3) SCHOOL DISTRICT AND DEPARTMENT OF EDUCATION 6 OBLIGATIONS.-- 7 (a) A school district shall timely notify the parent 8 of the student of all options available pursuant to this 9 section and offer that student's parent an opportunity to 10 enroll the student in another public school within the 11 district. The parent is not required to accept this offer in 12 lieu of requesting a John M. McKay Scholarship to a private 13 school. However, if the parent chooses the public school 14 option, the student may continue attending a public school 15 chosen by the parent until the student graduates from high 16 school. If the parent chooses a public school consistent with 17 the district school board's choice plan under s. 1002.31, the 18 school district shall provide transportation to the public 19 school selected by the parent. The parent is responsible to 20 provide transportation to a public school chosen that is not 21 consistent with the district school board's choice plan under 22 s. 1002.31. 23 (b) For a student with disabilities who does not have 24 a matrix of services under s. 1011.62(1)(e), the school 25 district must complete a matrix that assigns the student to 26 one of the levels of service as they existed prior to the 27 2000-2001 school year. The school district must complete the 28 matrix of services for any student who is participating in the 29 John M. McKay Scholarships for Students with Disabilities 30 Program and must notify the Department of Education of the 31 student's matrix level within 30 days after receiving 28 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 notification by the student's parent of intent to participate 2 in the scholarship program. The Department of Education shall 3 notify the private school of the amount of the scholarship 4 within 10 days after receiving the school district's 5 notification of the student's matrix level. Within 10 school 6 days after it receives notification of a parent's intent to 7 apply for a McKay Scholarship, a district school board must 8 notify the student's parent if the matrix has not been 9 completed and provide the parent with the date for completion 10 of the matrix required in this paragraph. 11 (c) If the parent chooses the private school option 12 and the student is accepted by the private school pending the 13 availability of a space for the student, the parent of the 14 student must notify the school district 60 days prior to the 15 first scholarship payment and before entering the private 16 school in order to be eligible for the scholarship when a 17 space becomes available for the student in the private school. 18 (d) The parent of a student may choose, as an 19 alternative, to enroll the student in and transport the 20 student to a public school in an adjacent school district 21 which has available space and has a program with the services 22 agreed to in the student's individual education plan already 23 in place, and that school district shall accept the student 24 and report the student for purposes of the district's funding 25 pursuant to the Florida Education Finance Program. 26 (e) For a student in the district who participates in 27 the John M. McKay Scholarships for Students with Disabilities 28 Program whose parent requests that the student take the 29 statewide assessments under s. 1008.22, the district shall 30 provide locations and times to take all statewide assessments. 31 (f) A school district must notify the Department of 29 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 Education within 10 days after it receives notification of a 2 parent's intent to apply for a scholarship for a student with 3 a disability. A school district must provide the student's 4 parent with the student's matrix level within 10 school days 5 after its completion. 6 (4) PRIVATE SCHOOL ELIGIBILITY.--To be eligible to 7 participate in the John M. M McKay Scholarships for Students 8 with Disabilities Program, a private school must be a Florida 9 private school, may be sectarian or nonsectarian, and must: 10 (a) Demonstrate fiscal soundness by being in operation 11 for 1 school year or provide the Department of Education with 12 a statement by a certified public accountant confirming that 13 the private school desiring to participate is insured and the 14 owner or owners have sufficient capital or credit to operate 15 the school for the upcoming year serving the number of 16 students anticipated with expected revenues from tuition and 17 other sources that may be reasonably expected. In lieu of such 18 a statement, a surety bond or letter of credit for the amount 19 equal to the scholarship funds for any quarter may be filed 20 with the department. 21 (b) Notify the Department of Education of its intent 22 to participate in the program under this section. The notice 23 must specify the grade levels and services that the private 24 school has available for students with disabilities who are 25 participating in the scholarship program. 26 (c) Comply with the antidiscrimination provisions of 27 42 U.S.C. s. 2000d. 28 (d) Meet state and local health and safety laws and 29 codes. 30 (e) Be academically accountable to the parent for 31 meeting the educational needs of the student. 30 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 (f) Employ or contract with teachers who hold 2 baccalaureate or higher degrees, or have at least 3 years of 3 teaching experience in public or private schools, or have 4 special skills, knowledge, or expertise that qualifies them to 5 provide instruction in subjects taught. 6 (g) Comply with all state laws relating to general 7 regulation of private schools. 8 (h) Adhere to the tenets of its published disciplinary 9 procedures prior to the expulsion of a scholarship student. 10 (5) OBLIGATION OF PROGRAM PARTICIPANTS.-- 11 (a) A parent who applies for a John M. McKay 12 Scholarship is exercising his or her parental option to place 13 his or her child in a private school. The parent must select 14 the private school and apply for the admission of his or her 15 child. 16 (b) The parent must have requested the scholarship at 17 least 60 days prior to the date of the first scholarship 18 payment. 19 (c) Any student participating in the scholarship 20 program must remain in attendance throughout the school year, 21 unless excused by the school for illness or other good cause, 22 and must comply fully with the school's code of conduct. 23 (d) The parent of each student participating in the 24 scholarship program must comply fully with the private 25 school's parental involvement requirements, unless excused by 26 the school for illness or other good cause. 27 (e) If the parent requests that the student 28 participating in the scholarship program take all statewide 29 assessments required pursuant to s. 1008.22, the parent is 30 responsible for transporting the student to the assessment 31 site designated by the school district. 31 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 (f) Upon receipt of a scholarship warrant, the parent 2 to whom the warrant is made must restrictively endorse the 3 warrant to the private school for deposit into the account of 4 the private school. 5 (g) A participant who fails to comply with this 6 subsection forfeits the scholarship. 7 (6) SCHOLARSHIP FUNDING AND PAYMENT.-- 8 (a)1. The maximum scholarship granted for an eligible 9 student with disabilities shall be a calculated amount 10 equivalent to the base student allocation in the Florida 11 Education Finance Program multiplied by the appropriate cost 12 factor for the educational program that would have been 13 provided for the student in the district school to which he or 14 she was assigned, multiplied by the district cost 15 differential. 16 2. In addition, a share of the guaranteed allocation 17 for exceptional students shall be determined and added to the 18 calculated amount. The calculation shall be based on the 19 methodology and the data used to calculate the guaranteed 20 allocation for exceptional students for each district in 21 chapter 2000-166, Laws of Florida. Except as provided in 22 subparagraph 3., the calculation shall be based on the 23 student's grade, matrix level of services, and the difference 24 between the 2000-2001 basic program and the appropriate level 25 of services cost factor, multiplied by the 2000-2001 base 26 student allocation and the 2000-2001 district cost 27 differential for the sending district. Also, the calculated 28 amount shall include the per-student share of supplemental 29 academic instruction funds, instructional materials funds, 30 technology funds, and other categorical funds as provided for 31 such purposes in the General Appropriations Act. 32 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 3. Until the school district completes the matrix 2 required by paragraph (3)(b), the calculation shall be based 3 on the matrix that assigns the student to support level I of 4 service as it existed prior to the 2000-2001 school year. When 5 the school district completes the matrix, the amount of the 6 payment shall be adjusted as needed. 7 (b) The amount of the John M. McKay Scholarship shall 8 be the calculated amount or the amount of the private school's 9 tuition and fees, whichever is less. The amount of any 10 assessment fee required by the participating private school 11 may be paid from the total amount of the scholarship. 12 (c) If the participating private school requires 13 partial payment of tuition prior to the start of the academic 14 year to reserve space for students admitted to the school, 15 that partial payment may be paid by the Department of 16 Education prior to the first quarterly payment of the year in 17 which the John M. McKay Scholarship is awarded, up to a 18 maximum of $1,000, and deducted from subsequent scholarship 19 payments. If a student decides not to attend the participating 20 private school, the partial reservation payment must be 21 returned to the Department of Education by the participating 22 private school. There is a limit of one reservation payment 23 per student per year. 24 (d) The school district shall report all students who 25 are attending a private school under this program. The 26 students with disabilities attending private schools on John 27 M. McKay Scholarships shall be reported separately from other 28 students reported for purposes of the Florida Education 29 Finance Program. 30 (e) Following notification on July 1, September 1, 31 December 1, or February 1 of the number of program 33 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 participants, the Department of Education shall transfer, from 2 General Revenue funds only, the amount calculated under 3 paragraph (b) from the school district's total funding 4 entitlement under the Florida Education Finance Program and 5 from authorized categorical accounts to a separate account for 6 the scholarship program for quarterly disbursement to the 7 parents of participating students. When a student enters the 8 scholarship program, the Department of Education must receive 9 all documentation required for the student's participation, 10 including the private school's and student's fee schedules, at 11 least 30 days before the first quarterly scholarship payment 12 is made for the student. The Department of Education may not 13 make any retroactive payments. 14 (f) Upon proper documentation reviewed and approved by 15 the Department of Education, the Chief Financial Officer shall 16 make scholarship payments in four equal amounts no later than 17 September 1, November 1, February 1, and April 15 of each 18 academic year in which the scholarship is in force. The 19 initial payment shall be made after Department of Education 20 verification of admission acceptance, and subsequent payments 21 shall be made upon verification of continued enrollment and 22 attendance at the private school. Payment must be by 23 individual warrant made payable to the student's parent and 24 mailed by the Department of Education to the private school of 25 the parent's choice, and the parent shall restrictively 26 endorse the warrant to the private school for deposit into the 27 account of the private school. 28 (7) LIABILITY.--No liability shall arise on the part 29 of the state based on the award or use of a John M. McKay 30 Scholarship. 31 (8) RULES. The State Board of Education shall adopt 34 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 rules pursuant to ss. 120.536(1) and 120.54 to administer this 2 section, including rules that school districts must use to 3 expedite the development of a matrix of services based on a 4 current individual education plan from another state or a 5 foreign country for a transferring student with a disability 6 who is a dependent child of a member of the United States 7 Armed Forces. The rules must identify the appropriate school 8 district personnel who must complete the matrix of services. 9 For purposes of these rules, a transferring student with a 10 disability is one who was previously enrolled as a student 11 with a disability in an out-of-state or an out-of-country 12 public or private school or agency program and who is 13 transferring from out of state or from a foreign country 14 pursuant to a parent's permanent change of station orders. 15 However, the inclusion of eligible private schools within 16 options available to Florida public school students does not 17 expand the regulatory authority of the state, its officers, or 18 any school district to impose any additional regulation of 19 private schools beyond those reasonably necessary to enforce 20 requirements expressly set forth in this section. 21 Section 11. This act shall take effect July 1, 2006. 22 23 24 ================ T I T L E A M E N D M E N T =============== 25 And the title is amended as follows: 26 Delete everything before the enacting clause 27 28 and insert: 29 A bill to be entitled 30 An act relating to education; creating s. 31 1008.3455, F.S.; expressing the intent of the 35 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 Legislature to create a program to enhance 2 failing schools; requiring the Commissioner of 3 Education to develop and submit such a program 4 to the Legislature; prescribing elements of the 5 program; requiring the creation of an advisory 6 committee; requiring consultation with 7 specified entities; requiring an annual report; 8 amending s. 220.187, F.S.; clarifying that the 9 tax credit program applies to students in 10 families with limited financial resources; 11 providing that a scholarship funding 12 organization may be approved to provide 13 scholarships under two tax credit programs; 14 requiring separate accounting; authorizing 15 scholarship funding organizations to transfer 16 surplus funds between two programs under 17 specified circumstances; creating s. 220.1875, 18 F.S.; providing a purpose; defining terms; 19 prescribing obligations of school districts to 20 inform parents about failing schools; 21 authorizing students at such schools to attend 22 a high-performing school in the same district; 23 providing a credit against the corporate income 24 tax for contributions to nonprofit 25 scholarship-funding organizations; providing 26 limitations; providing for use of such 27 contributions for scholarships for students 28 attending certain failing schools to attend 29 nonpublic schools or public schools in adjacent 30 districts; providing requirements and 31 limitations with respect to scholarships; 36 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 providing for payment; establishing eligibility 2 for nonpublic school participation; providing 3 for administration by the Department of Revenue 4 and the Department of Education; providing for 5 rules; providing requirements for deposit of 6 eligible contributions; amending s. 213.053, 7 F.S.; conforming to the creation of the tax 8 credit scholarship program for families of 9 students in failing schools; authorizing the 10 Department of Revenue to share certain tax 11 information with the Department of Education; 12 amending s. 220.02, F.S.; revising legislative 13 intent on the order in which corporate income 14 tax credits are applied to conform to the 15 creation of the tax credit scholarship program 16 for families of students in failing schools; 17 amending s. 220.13, F.S.; revising the 18 definition of the term "adjusted federal 19 income" to account for the creation of the tax 20 credit scholarship program for families of 21 students in failing schools; providing for the 22 credit to be an addition to taxable income; 23 amending s. 220.701, F.S.; directing the 24 Department of Revenue to deposit moneys 25 received through the corporate income tax into 26 the Corporate Income Tax Trust Fund rather than 27 the General Revenue Fund; amending s. 1001.10, 28 F.S., to conform to the repeal of the 29 Opportunity Scholarship Program; authorizing 30 the Commissioner of Education to prepare and 31 publish reports related to specified tax credit 37 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 programs; repealing s. 1002.38, F.S., which 2 authorizes the Opportunity Scholarship Program; 3 amending s. 1002.39, F.S., to conform to the 4 repeal of the Opportunity Scholarship Program; 5 providing an effective date. 6 WHEREAS, education is a fundamental value and a 7 paramount duty of the state , and 8 WHEREAS, the State Constitution requires the state to 9 provide for the free education of all children residing within 10 its borders, and 11 WHEREAS, the Florida Supreme Court held in Bush v. 12 Holmes, 2006 WL 20584 (Fla.), 31 Fla. L. Weekly S1, that the 13 state must provide a system of uniform, efficient, safe, 14 secure, and high-quality public schools to fulfill this 15 constitutional requirement, and 16 WHEREAS, the Supreme Court invalidated the Opportunity 17 Scholarship Program because it allowed state funds to be 18 disbursed to private schools, and 19 WHEREAS, the Legislature created the Opportunity 20 Scholarship Program to ensure that all children have a chance 21 to gain the knowledge and skills they need to succeed, and 22 WHEREAS, the state is committed to improving the 23 quality of the education provided by the public school system, 24 and 25 WHEREAS, there are some public schools that are still 26 failing to make adequate progress based on the school 27 performance grading categories established by law, and 28 WHEREAS, respecting the constitutional mandate cited by 29 the Supreme Court, the Legislature intends for the state to 30 develop and implement a comprehensive strategic program to 31 38 1:52 PM 02/14/06 s7104.ju09.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SPB 7104 Barcode 424218 1 facilitate the improvement of schools that are failing to make 2 adequate progress, and 3 WHEREAS, facilitating the improvement in the 4 performance of these schools is a multi-year endeavor, and 5 progress will occur over an extended period of time, and 6 WHEREAS, students assigned to schools that are failing 7 to make adequate progress should have the choice of attending 8 a higher-performing school while the state continues to 9 facilitate the improvement of these schools, and 10 WHEREAS, the Legislature intends to create a program to 11 provide an educational safety net to students assigned to 12 these schools, distinct from and without impeding the efforts 13 to help these schools improve, NOW, THEREFORE, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 39 1:52 PM 02/14/06 s7104.ju09.01p