Senate Bill sb2380c1
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    By the Committee on Education Pre-K - 12; and Senator Webster
    581-2374-07
  1                      A bill to be entitled
  2         An act relating to education; creating s.
  3         1008.3455, F.S.; expressing the intent of the
  4         Legislature to create a program to enhance
  5         failing schools; requiring the Commissioner of
  6         Education to develop and submit such a program
  7         to the Legislature; prescribing elements of the
  8         program; requiring the creation of an advisory
  9         committee; requiring consultation with
10         specified entities; requiring an annual report;
11         amending s. 220.187, F.S.; clarifying that the
12         tax credit program applies to students in
13         families having limited financial resources;
14         providing scholarship eligibility to students
15         receiving opportunity scholarships during the
16         2006-2007 school year for a limited amount of
17         time; providing that a scholarship funding
18         organization may be approved to provide
19         scholarships under two tax credit programs;
20         requiring separate accounting; authorizing
21         scholarship funding organizations to transfer
22         surplus funds between two programs under
23         specified circumstances; creating s. 220.1875,
24         F.S.; providing a purpose; defining terms;
25         prescribing obligations of school districts to
26         inform parents about failing schools; requiring
27         nonprofit scholarship-funding organizations to
28         meet certain requirements; authorizing students
29         at such schools to attend a high-performing
30         school in the same district; providing a credit
31         against the corporate income tax for
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         contributions to nonprofit scholarship-funding
 2         organizations; providing limitations; providing
 3         for use of such contributions for scholarships
 4         for students attending certain failing schools
 5         to attend nonpublic schools or public schools
 6         in adjacent districts; providing requirements
 7         and limitations with respect to scholarships;
 8         providing for payment; establishing eligibility
 9         for nonpublic school participation and grounds
10         for ineligibility to participate in the
11         program; providing for administration by the
12         Department of Revenue and the Department of
13         Education; providing for rules; providing
14         requirements for deposit of eligible
15         contributions; amending s. 213.053, F.S.;
16         conforming provisions to the creation of the
17         tax credit scholarship program for families of
18         students in failing schools; authorizing the
19         Department of Revenue to share certain tax
20         information with the Department of Education;
21         amending s. 220.02, F.S.; revising legislative
22         intent with respect to the order in which
23         corporate income tax credits are applied to
24         conform to the creation of the tax credit
25         scholarship program for families of students in
26         failing schools; amending s. 220.13, F.S.;
27         redefining the term "adjusted federal income"
28         to account for the creation of the tax credit
29         scholarship program for families of students in
30         failing schools; providing for the credit to be
31         an addition to taxable income; amending s.
                                  2
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         220.701, F.S.; directing the Department of
 2         Revenue to deposit moneys received through the
 3         corporate income tax into the Corporate Income
 4         Tax Trust Fund rather than the General Revenue
 5         Fund; providing for unencumbered trust fund
 6         balances to be transferred into the General
 7         Revenue Fund; prescribing how transferred funds
 8         may be expended; amending s. 1001.10, F.S.;
 9         conforming provisions to the repeal of the
10         Opportunity Scholarship Program; authorizing
11         the Commissioner of Education to prepare and
12         publish reports related to specified tax credit
13         programs; amending ss. 1001.42 and 1002.20,
14         F.S.; conforming provisions to the repeal of
15         the Opportunity Scholarship Program and the
16         creation of the tax credit program for families
17         of students attending schools failing to make
18         adequate progress; repealing s. 1002.38, F.S.,
19         which authorizes the Opportunity Scholarship
20         Program; amending s. 1002.39, F.S., to conform
21         to the repeal of the Opportunity Scholarship
22         Program; providing an effective date.
23  
24         WHEREAS, education is a fundamental value and a
25  paramount duty of the state, and
26         WHEREAS, the State Constitution requires the state to
27  provide for the free education of all children residing within
28  its borders, and
29         WHEREAS, the Florida Supreme Court held in Bush v.
30  Holmes, 2006 WL 20584 (Fla.), 31 Fla. L. Weekly S1, that the
31  state must provide a system of uniform, efficient, safe,
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  secure, and high-quality public schools to fulfill this
 2  constitutional requirement, and
 3         WHEREAS, the Florida Supreme Court invalidated the
 4  Opportunity Scholarship Program because it allowed state funds
 5  to be disbursed to private schools, and
 6         WHEREAS, the Legislature created the Opportunity
 7  Scholarship Program to ensure that all children have a chance
 8  to gain the knowledge and skills they need to succeed, and
 9         WHEREAS, the state is committed to improving the
10  quality of the education provided by the public school system,
11  and
12         WHEREAS, there are some public schools that continue to
13  fail to make adequate progress based on the school performance
14  grading categories established by law, and
15         WHEREAS, respecting the constitutional mandate cited by
16  the Florida Supreme Court, the Legislature intends for the
17  state to develop and implement a comprehensive strategic
18  program to facilitate the improvement of schools that are
19  failing to make adequate progress, and
20         WHEREAS, facilitating the improvement in the
21  performance of these schools is a multiyear endeavor, and
22  progress will occur over an extended period of time, and
23         WHEREAS, students assigned to schools that are failing
24  to make adequate progress should have the choice of attending
25  a higher-performing school while the state continues to
26  facilitate the improvement of these schools, and
27         WHEREAS, the Legislature intends to create a program to
28  provide an educational safety net to students assigned to
29  these schools, distinct from and without impeding the efforts
30  to help these schools improve, NOW, THEREFORE,
31  
                                  4
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  Be It Enacted by the Legislature of the State of Florida:
 2  
 3         Section 1.  Section 1008.3455, Florida Statutes, is
 4  created to read:
 5         1008.3455  Improvement program for schools failing to
 6  make adequate progress.--
 7         (1)  It is the intent of the Legislature that the state
 8  develop and implement a comprehensive strategic program to
 9  facilitate the improvement of schools that are failing to make
10  adequate progress based on the school performance grading
11  categories established by law. The Legislature finds that
12  achieving meaningful and lasting progress in these schools
13  will take a number of years. Thus, it is the further intent of
14  the Legislature that the program developed under this section
15  include a multiyear design and implementation schedule, with
16  measurable goals and objectives for these schools.
17         (2)  In coordination with the responsibilities
18  prescribed in s. 1008.345, the Commissioner of Education shall
19  develop and submit to the President of the Senate and the
20  Speaker of the House of Representatives, no later than
21  February 1, 2008, a multifaceted program of policies and
22  practices targeted specifically toward schools in the "F"
23  grade category under s. 1008.34.
24         (a)  At a minimum, the program must include an
25  assessment of the extent to which new policies, or
26  enhancements to existing policies, in the following areas
27  would facilitate improvement at these schools:
28         1.  Capital improvements to school facilities;
29         2.  Salaries for teachers and staff;
30         3.  Incentives for outstanding faculty and staff to
31  transfer to these schools;
                                  5
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         4.  Equipment and supplies;
 2         5.  Technology infrastructure, hardware, or software;
 3         6.  Incentives to encourage parental or other family
 4  participation; and
 5         7.  Mentoring and other community participation.
 6         (b)  The program must include a suggested order of
 7  priority and timeline for enacting, funding, and implementing
 8  policies and practices over a 5-year period.  The program
 9  shall identify those elements of the program which can be
10  accomplished within existing statutory authority and those
11  elements that will require new statutory authority.  The
12  program must include specific recommendations for action by
13  the Legislature.
14         (3)(a)  To assist in development and implementation of
15  the program required by this section, the commissioner shall
16  create an advisory committee comprised of at least two
17  teachers, two staff persons, and two parents of students from
18  one or more schools that are failing to make adequate progress
19  based on the school performance grading categories, as well as
20  any other individuals the commissioner deems appropriate.
21         (b)  In developing and implementing the program, the
22  commissioner shall consult with:
23         1.    The Office of Program Policy Analysis and
24  Government Accountability; and
25         2.  The district community assessment teams assigned
26  under s. 1008.345.
27         (4)  The program shall be developed in coordination
28  with, and shall be consistent with, other strategic planning
29  initiatives of the Department of Education or the State Board
30  of Education.
31  
                                  6
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         (5)  The commissioner shall report annually to the
 2  Governor, the President of the Senate, and the Speaker of the
 3  House of Representatives on implementation of the program.
 4         Section 2.  Section 220.187, Florida Statutes, is
 5  amended to read:
 6         220.187  Credits for contributions to nonprofit
 7  scholarship-funding organizations; families that have limited
 8  financial resources.--
 9         (1)  PURPOSE.--The purpose of this section is to:
10         (a)  Encourage private, voluntary contributions to
11  nonprofit scholarship-funding organizations.
12         (b)  Expand educational opportunities for children of
13  families that have limited financial resources.
14         (c)  Enable children in this state to achieve a greater
15  level of excellence in their education.
16         (2)  DEFINITIONS.--As used in this section, the term:
17         (a)  "Department" means the Department of Revenue.
18         (b)  "Eligible contribution" means a monetary
19  contribution from a taxpayer, subject to the restrictions
20  provided in this section, to an eligible nonprofit
21  scholarship-funding organization. The taxpayer making the
22  contribution may not designate a specific child as the
23  beneficiary of the contribution.
24         (c)  "Eligible nonprofit scholarship-funding
25  organization" means a charitable organization that:
26         1.  Is exempt from federal income tax pursuant to s.
27  501(c)(3) of the Internal Revenue Code;
28         2.  Is a Florida entity formed under chapter 607,
29  chapter 608, or chapter 617 and whose principal office is
30  located in the state; and
31         3.  Complies with the provisions of subsection (6).
                                  7
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  
 2  An eligible nonprofit scholarship-funding organization that is
 3  authorized to provide scholarships under s. 220.1875 may,
 4  subject to approval by the Department of Education, be
 5  authorized to provide scholarships under this section.
 6         (d)  "Eligible private school" means a private school,
 7  as defined in s. 1002.01(2), located in Florida which offers
 8  an education to students in any grades K-12 and that meets the
 9  requirements in subsection (8).
10         (e)  "Owner or operator" includes:
11         1.  An owner, president, officer, or director of an
12  eligible nonprofit scholarship-funding organization or a
13  person with equivalent decisionmaking authority over an
14  eligible nonprofit scholarship-funding organization.
15         2.  An owner, operator, superintendent, or principal of
16  an eligible private school or a person with equivalent
17  decisionmaking authority over an eligible private school.
18         (3)  PROGRAM; SCHOLARSHIP ELIGIBILITY.--The Corporate
19  Income Tax Credit Scholarship Program is established. A
20  student is eligible for a corporate income tax credit
21  scholarship if the student qualifies for free or reduced-price
22  school lunches under the National School Lunch Act and:
23         (a)  Was counted as a full-time equivalent student
24  during the previous state fiscal year for purposes of state
25  per-student funding;
26         (b)  Received a scholarship from an eligible nonprofit
27  scholarship-funding organization or from the State of Florida
28  during the previous school year; or
29         (c)  Is eligible to enter kindergarten or first grade.
30  
31  
                                  8
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  Contingent upon available funds, a student may continue in the
 2  scholarship program as long as the student's family income
 3  level does not exceed 200 percent of the federal poverty
 4  level.
 5         (4)  SCHOLARSHIP PROHIBITIONS.--A student is not
 6  eligible for a scholarship while he or she is:
 7         (a)  Enrolled in a school operating for the purpose of
 8  providing educational services to youth in Department of
 9  Juvenile Justice commitment programs;
10         (b)  Receiving a scholarship from another eligible
11  nonprofit scholarship-funding organization under this section;
12         (c)  Receiving an educational scholarship pursuant to
13  chapter 1002;
14         (d)  Participating in a home education program as
15  defined in s. 1002.01(1);
16         (e)  Participating in a private tutoring program
17  pursuant to s. 1002.43;
18         (f)  Participating in a virtual school, correspondence
19  school, or distance learning program that receives state
20  funding pursuant to the student's participation unless the
21  participation is limited to no more than two courses per
22  school year; or
23         (g)  Enrolled in the Florida School for the Deaf and
24  the Blind.
25         (5)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX
26  CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--
27         (a)  There is allowed a credit of 100 percent of an
28  eligible contribution against any tax due for a taxable year
29  under this chapter. However, such a credit may not exceed 75
30  percent of the tax due under this chapter for the taxable
31  year, after the application of any other allowable credits by
                                  9
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  the taxpayer. The credit granted by this section shall be
 2  reduced by the difference between the amount of federal
 3  corporate income tax taking into account the credit granted by
 4  this section and the amount of federal corporate income tax
 5  without application of 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 $88 million. At least 1 percent of the
 9  total 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         (c)  A taxpayer who files a Florida consolidated return
13  as a member of an affiliated group pursuant to s. 220.131(1)
14  may be allowed the credit on a consolidated return basis;
15  however, the total credit taken by the affiliated group is
16  subject to the limitation established under paragraph (a).
17         (d)  Effective for tax years beginning January 1, 2006,
18  a taxpayer may rescind all or part of its allocated tax credit
19  under this section. The amount rescinded shall become
20  available for purposes of the cap for that state fiscal year
21  under this section to an eligible taxpayer as approved by the
22  department if the taxpayer receives notice from the department
23  that the rescindment has been accepted by the department and
24  the taxpayer has not previously rescinded any or all of its
25  tax credit allocation under this section more than once in the
26  previous 3 tax years. Any amount rescinded under this
27  paragraph shall become available to an eligible taxpayer on a
28  first-come, first-served basis based on tax credit
29  applications received after the date the rescindment is
30  accepted by the department.
31  
                                  10
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         (6)  OBLIGATIONS OF ELIGIBLE NONPROFIT
 2  SCHOLARSHIP-FUNDING ORGANIZATIONS.--An eligible nonprofit
 3  scholarship-funding organization:
 4         (a)  Must comply with the antidiscrimination provisions
 5  of 42 U.S.C. s. 2000d.
 6         (b)  Must comply with the following background check
 7  requirements:
 8         1.  All owners and operators as defined in subparagraph
 9  (2)(e)1. are, upon employment or engagement to provide
10  services, subject to level 2 background screening as provided
11  under chapter 435. The fingerprints for the background
12  screening must be electronically submitted to the Department
13  of Law Enforcement and can be taken by an authorized law
14  enforcement agency or by an employee of the eligible nonprofit
15  scholarship-funding organization or a private company who is
16  trained to take fingerprints. However, the complete set of
17  fingerprints of an owner or operator may not be taken by the
18  owner or operator. The results of the state and national
19  criminal history check shall be provided to the Department of
20  Education for screening under chapter 435. The cost of the
21  background screening may be borne by the eligible nonprofit
22  scholarship-funding organization or the owner or operator.
23         2.  Every 5 years following employment or engagement to
24  provide services or association with an eligible nonprofit
25  scholarship-funding organization, each owner or operator must
26  meet level 2 screening standards as described in s. 435.04, at
27  which time the nonprofit scholarship-funding organization
28  shall request the Department of Law Enforcement to forward the
29  fingerprints to the Federal Bureau of Investigation for level
30  2 screening. If the fingerprints of an owner or operator are
31  not retained by the Department of Law Enforcement under
                                  11
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  subparagraph 3., the owner or operator must electronically
 2  file a complete set of fingerprints with the Department of Law
 3  Enforcement. Upon submission of fingerprints for this purpose,
 4  the eligible nonprofit scholarship-funding organization shall
 5  request that the Department of Law Enforcement forward the
 6  fingerprints to the Federal Bureau of Investigation for level
 7  2 screening, and the fingerprints shall be retained by the
 8  Department of Law Enforcement under subparagraph 3.
 9         3.  Beginning July 1, 2007, all fingerprints submitted
10  to the Department of Law Enforcement as required by this
11  paragraph must be retained by the Department of Law
12  Enforcement in a manner approved by rule and entered in the
13  statewide automated fingerprint identification system
14  authorized by s. 943.05(2)(b). The fingerprints must
15  thereafter be available for all purposes and uses authorized
16  for arrest fingerprint cards entered in the statewide
17  automated fingerprint identification system pursuant to s.
18  943.051.
19         4.  Beginning July 1, 2007, the Department of Law
20  Enforcement shall search all arrest fingerprint cards received
21  under s. 943.051 against the fingerprints retained in the
22  statewide automated fingerprint identification system under
23  subparagraph 3. Any arrest record that is identified with an
24  owner's or operator's fingerprints must be reported to the
25  Department of Education. The Department of Education shall
26  participate in this search process by paying an annual fee to
27  the Department of Law Enforcement and by informing the
28  Department of Law Enforcement of any change in the employment,
29  engagement, or association status of the owners or operators
30  whose fingerprints are retained under subparagraph 3. The
31  Department of Law Enforcement shall adopt a rule setting the
                                  12
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  amount of the annual fee to be imposed upon the Department of
 2  Education for performing these services and establishing the
 3  procedures for the retention of owner and operator
 4  fingerprints and the dissemination of search results. The fee
 5  may be borne by the owner or operator of the nonprofit
 6  scholarship-funding organization.
 7         5.  A nonprofit scholarship-funding organization whose
 8  owner or operator fails the level 2 background screening shall
 9  not be eligible to provide scholarships under this section.
10         6.  A nonprofit scholarship-funding organization whose
11  owner or operator in the last 7 years has filed for personal
12  bankruptcy or corporate bankruptcy in a corporation of which
13  he or she owned more than 20 percent shall not be eligible to
14  provide scholarships under this section.
15         (c)  Must not have an owner or operator who owns or
16  operates an eligible private school that is participating in
17  the scholarship program.
18         (d)  Must provide scholarships, from eligible
19  contributions, to eligible students for:
20         1.  Tuition or textbook expenses for, or transportation
21  to, an eligible private school. At least 75 percent of the
22  scholarship funding must be used to pay tuition expenses; or
23         2.  Transportation expenses to a Florida public school
24  that is located outside the district in which the student
25  resides or to a lab school as defined in s. 1002.32.
26         (e)  Must give priority to eligible students who
27  received a scholarship from an eligible nonprofit
28  scholarship-funding organization or from the State of Florida
29  during the previous school year or who received an opportunity
30  scholarship under former s. 1002.38 during the final quarter
31  of the 2006-2007 school year.
                                  13
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         (f)  Must provide a scholarship to an eligible student
 2  on a first-come, first-served basis unless the student
 3  qualifies for priority pursuant to paragraph (e).
 4         (g)  May not restrict or reserve scholarships for use
 5  at a particular private school or provide scholarships to a
 6  child of an owner or operator.
 7         (h)  Must allow an eligible student to attend any
 8  eligible private school and must allow a parent to transfer a
 9  scholarship during a school year to any other eligible private
10  school of the parent's choice.
11         (i)  Must obligate, in the same fiscal year in which
12  the contribution was received, 100 percent of the eligible
13  contribution to provide annual or partial-year scholarships;
14  however, up to 25 percent of the total contribution may be
15  carried forward for expenditure in the following state fiscal
16  year. A scholarship-funding organization must, before granting
17  a scholarship for an academic year, document each scholarship
18  student's eligibility for that academic year. A
19  scholarship-funding organization may not grant multiyear
20  scholarships in one approval process. No portion of eligible
21  contributions may be used for administrative expenses. All
22  interest accrued from contributions must be used for
23  scholarships.
24         (j)  Must maintain separate accounts for scholarship
25  funds and operating funds.
26         (k)  With the prior approval of the Department of
27  Education, may transfer funds to another eligible nonprofit
28  scholarship-funding organization if additional funds are
29  required to meet scholarship demand at the receiving nonprofit
30  scholarship-funding organization. A transfer shall be limited
31  to the greater of $500,000 or 20 percent of the total
                                  14
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  contributions received by the nonprofit scholarship-funding
 2  organization making the transfer. All transferred funds must
 3  be deposited by the receiving nonprofit scholarship-funding
 4  organization into its scholarship accounts. All transferred
 5  amounts received by any nonprofit scholarship-funding
 6  organization must be separately disclosed in the annual
 7  financial and compliance audit required in this section.
 8         (l)  Must provide to the Auditor General and the
 9  Department of Education an annual financial and compliance
10  audit of its accounts and records conducted by an independent
11  certified public accountant and in accordance with rules
12  adopted by the Auditor General. The audit must be conducted in
13  compliance with generally accepted auditing standards and must
14  include a report on financial statements presented in
15  accordance with generally accepted accounting principles set
16  forth by the American Institute of Certified Public
17  Accountants for not-for-profit organizations and a
18  determination of compliance with the statutory eligibility and
19  expenditure requirements set forth in this section. Audits
20  must be provided to the Auditor General and the Department of
21  Education within 180 days after completion of the eligible
22  nonprofit scholarship-funding organization's fiscal year.
23         (m)  Must prepare and submit quarterly reports to the
24  Department of Education pursuant to paragraph (9)(m). In
25  addition, an eligible nonprofit scholarship-funding
26  organization must submit in a timely manner any information
27  requested by the Department of Education relating to the
28  scholarship program.
29  
30  Any and all information and documentation provided to the
31  Department of Education and the Auditor General relating to
                                  15
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  the identity of a taxpayer that provides an eligible
 2  contribution under this section shall remain confidential at
 3  all times in accordance with s. 213.053.
 4         (7)  PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
 5  PARTICIPATION.--
 6         (a)  The parent must select an eligible private school
 7  and apply for the admission of his or her child.
 8         (b)  The parent must inform the child's school district
 9  when the parent withdraws his or her child to attend an
10  eligible private school.
11         (c)  Any student participating in the scholarship
12  program must remain in attendance throughout the school year
13  unless excused by the school for illness or other good cause.
14         (d)  Each parent and each student has an obligation to
15  the private school to comply with the private school's
16  published policies.
17         (e)  The parent shall ensure that the student
18  participating in the scholarship program takes the
19  norm-referenced assessment offered by the private school. The
20  parent may also choose to have the student participate in the
21  statewide assessments pursuant to s. 1008.22. If the parent
22  requests that the student participating in the scholarship
23  program take statewide assessments pursuant to s. 1008.22, the
24  parent is responsible for transporting the student to the
25  assessment site designated by the school district.
26         (f)  Upon receipt of a scholarship warrant from the
27  eligible nonprofit scholarship-funding organization, the
28  parent to whom the warrant is made must restrictively endorse
29  the warrant to the private school for deposit into the account
30  of the private school. The parent may not designate any entity
31  or individual associated with the participating private school
                                  16
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  as the parent's attorney in fact to endorse a scholarship
 2  warrant. A participant who fails to comply with this paragraph
 3  forfeits the scholarship.
 4         (8)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--An
 5  eligible private school may be sectarian or nonsectarian and
 6  must:
 7         (a)  Comply with all requirements for private schools
 8  participating in state school choice scholarship programs
 9  pursuant to s. 1002.421.
10         (b)  Provide to the eligible nonprofit
11  scholarship-funding organization, upon request, all
12  documentation required for the student's participation,
13  including the private school's and student's fee schedules.
14         (c)  Be academically accountable to the parent for
15  meeting the educational needs of the student by:
16         1.  At a minimum, annually providing to the parent a
17  written explanation of the student's progress.
18         2.  Annually administering or making provision for
19  students participating in the scholarship program to take one
20  of the nationally norm-referenced tests identified by the
21  Department of Education. Students with disabilities for whom
22  standardized testing is not appropriate are exempt from this
23  requirement. A participating private school must report a
24  student's scores to the parent and to the independent research
25  organization selected by the Department of Education as
26  described in paragraph (9)(j).
27         3.  Cooperating with the scholarship student whose
28  parent chooses to participate in the statewide assessments
29  pursuant to s. 1008.32.
30  
31  
                                  17
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         (d)  Employ or contract with teachers who have regular
 2  and direct contact with each student receiving a scholarship
 3  under this section at the school's physical location.
 4  
 5  The inability of a private school to meet the requirements of
 6  this subsection shall constitute a basis for the ineligibility
 7  of the private school to participate in the scholarship
 8  program as determined by the Department of Education.
 9         (9)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The
10  Department of Education shall:
11         (a)  Annually submit to the department, by March 15, a
12  list of eligible nonprofit scholarship-funding organizations
13  that meet the requirements of paragraph (2)(c).
14         (b)  Annually verify the eligibility of nonprofit
15  scholarship-funding organizations that meet the requirements
16  of paragraph (2)(c).
17         (c)  Annually verify the eligibility of private schools
18  that meet the requirements of subsection (8).
19         (d)  Annually verify the eligibility of expenditures as
20  provided in paragraph (6)(d) using the audit required by
21  paragraph (6)(l).
22         (e)  Establish a toll-free hotline that provides
23  parents and private schools with information on participation
24  in the scholarship program.
25         (f)  Establish a process by which individuals may
26  notify the Department of Education of any violation by a
27  parent, private school, or school district of state laws
28  relating to program participation. The Department of Education
29  shall conduct an inquiry of any written complaint of a
30  violation of this section, or make a referral to the
31  appropriate agency for an investigation, if the complaint is
                                  18
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  signed by the complainant and is legally sufficient. A
 2  complaint is legally sufficient if it contains ultimate facts
 3  that show that a violation of this section or any rule adopted
 4  by the State Board of Education has occurred. In order to
 5  determine legal sufficiency, the Department of Education may
 6  require supporting information or documentation from the
 7  complainant. A department inquiry is not subject to the
 8  requirements of chapter 120.
 9         (g)  Require an annual, notarized, sworn compliance
10  statement by participating private schools certifying
11  compliance with state laws and shall retain such records.
12         (h)  Cross-check the list of participating scholarship
13  students with the public school enrollment lists to avoid
14  duplication.
15         (i)  In accordance with State Board of Education rule,
16  identify and select the nationally norm-referenced tests that
17  are comparable to the norm-referenced provisions of the
18  Florida Comprehensive Assessment Test (FCAT) provided that the
19  FCAT may be one of the tests selected. However, the Department
20  of Education may approve the use of an additional assessment
21  by the school if the assessment meets industry standards of
22  quality and comparability.
23         (j)  Select an independent research organization, which
24  may be a public or private entity or university, to which
25  participating private schools must report the scores of
26  participating students on the nationally norm-referenced tests
27  administered by the private school. The independent research
28  organization must annually report to the Department of
29  Education on the year-to-year improvements of participating
30  students. The independent research organization must analyze
31  and report student performance data in a manner that protects
                                  19
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  the rights of students and parents as mandated in 20 U.S.C. s.
 2  1232g, the Family Educational Rights and Privacy Act, and must
 3  not disaggregate data to a level that will disclose the
 4  academic level of individual students or of individual
 5  schools. To the extent possible, the independent research
 6  organization must accumulate historical performance data on
 7  students from the Department of Education and private schools
 8  to describe baseline performance and to conduct longitudinal
 9  studies. To minimize costs and reduce time required for
10  third-party analysis and evaluation, the Department of
11  Education shall conduct analyses of matched students from
12  public school assessment data and calculate control group
13  learning gains using an agreed-upon methodology outlined in
14  the contract with the third-party evaluator. The sharing of
15  student data must be in accordance with requirements of 20
16  U.S.C. s. 1232g, the Family Educational Rights and Privacy
17  Act, and shall be for the sole purpose of conducting the
18  evaluation. All parties must preserve the confidentiality of
19  such information as required by law.
20         (k)  Notify an eligible nonprofit scholarship-funding
21  organization of any of the organization's identified students
22  who are receiving educational scholarships pursuant to chapter
23  1002.
24         (l)  Notify an eligible nonprofit scholarship-funding
25  organization of any of the organization's identified students
26  who are receiving corporate income tax credit scholarships
27  from other eligible nonprofit scholarship-funding
28  organizations.
29         (m)  Require quarterly reports by an eligible nonprofit
30  scholarship-funding organization regarding the number of
31  students participating in the scholarship program, the private
                                  20
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  schools at which the students are enrolled, and other
 2  information deemed necessary by the Department of Education.
 3         (n)1.  Conduct random site visits to private schools
 4  participating in the Corporate Tax Credit Scholarship Program.
 5  The purpose of the site visits is solely to verify the
 6  information reported by the schools concerning the enrollment
 7  and attendance of students, the credentials of teachers,
 8  background screening of teachers, and teachers' fingerprinting
 9  results. The Department of Education may not make more than
10  seven random site visits each year and may not make more than
11  one random site visit each year to the same private school.
12         2.  Annually, by December 15, report to the Governor,
13  the President of the Senate, and the Speaker of the House of
14  Representatives the Department of Education's actions with
15  respect to implementing accountability in the scholarship
16  program under this section and s. 1002.421, any substantiated
17  allegations or violations of law or rule by an eligible
18  private school under this program concerning the enrollment
19  and attendance of students, the credentials of teachers,
20  background screening of teachers, and teachers' fingerprinting
21  results and the corrective action taken by the Department of
22  Education.
23         (10)  COMMISSIONER OF EDUCATION AUTHORITY AND
24  OBLIGATIONS.--
25         (a)  The Commissioner of Education shall deny, suspend,
26  or revoke a private school's participation in the scholarship
27  program if it is determined that the private school has failed
28  to comply with the provisions of this section. However, in
29  instances in which the noncompliance is correctable within a
30  reasonable amount of time and in which the health, safety, or
31  welfare of the students is not threatened, the commissioner
                                  21
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  may issue a notice of noncompliance that shall provide the
 2  private school with a timeframe within which to provide
 3  evidence of compliance prior to taking action to suspend or
 4  revoke the private school's participation in the scholarship
 5  program.
 6         (b)  The commissioner's determination is subject to the
 7  following:
 8         1.  If the commissioner intends to deny, suspend, or
 9  revoke a private school's participation in the scholarship
10  program, the Department of Education shall notify the private
11  school of such proposed action in writing by certified mail
12  and regular mail to the private school's address of record
13  with the Department of Education. The notification shall
14  include the reasons for the proposed action and notice of the
15  timelines and procedures set forth in this paragraph.
16         2.  The private school that is adversely affected by
17  the proposed action shall have 15 days from receipt of the
18  notice of proposed action to file with the Department of
19  Education's agency clerk a request for a proceeding pursuant
20  to ss. 120.569 and 120.57. If the private school is entitled
21  to a hearing under s. 120.57(1), the Department of Education
22  shall forward the request to the Division of Administrative
23  Hearings.
24         3.  Upon receipt of a request referred pursuant to this
25  paragraph, the director of the Division of Administrative
26  Hearings shall expedite the hearing and assign an
27  administrative law judge who shall commence a hearing within
28  30 days after the receipt of the formal written request by the
29  division and enter a recommended order within 30 days after
30  the hearing or within 30 days after receipt of the hearing
31  transcript, whichever is later. Each party shall be allowed 10
                                  22
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  days in which to submit written exceptions to the recommended
 2  order. A final order shall be entered by the agency within 30
 3  days after the entry of a recommended order. The provisions of
 4  this subparagraph may be waived upon stipulation by all
 5  parties.
 6         (c)  The commissioner may immediately suspend payment
 7  of scholarship funds if it is determined that there is
 8  probable cause to believe that there is:
 9         1.  An imminent threat to the health, safety, and
10  welfare of the students; or
11         2.  Fraudulent activity on the part of the private
12  school. Notwithstanding s. 1002.22(3), in incidents of alleged
13  fraudulent activity pursuant to this section, the Department
14  of Education's Office of Inspector General is authorized to
15  release personally identifiable records or reports of students
16  to the following persons or organizations:
17         a.  A court of competent jurisdiction in compliance
18  with an order of that court or the attorney of record in
19  accordance with a lawfully issued subpoena, consistent with
20  the Family Educational Rights and Privacy Act, 20 U.S.C. s.
21  1232g.
22         b.  A person or entity authorized by a court of
23  competent jurisdiction in compliance with an order of that
24  court or the attorney of record pursuant to a lawfully issued
25  subpoena, consistent with the Family Educational Rights and
26  Privacy Act, 20 U.S.C. s. 1232g.
27         c.  Any person, entity, or authority issuing a subpoena
28  for law enforcement purposes when the court or other issuing
29  agency has ordered that the existence or the contents of the
30  subpoena or the information furnished in response to the
31  subpoena not be disclosed, consistent with the Family
                                  23
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  Educational Rights and Privacy Act, 20 U.S.C. s. 1232g, and 34
 2  C.F.R. s. 99.31.
 3  
 4  The commissioner's order suspending payment pursuant to this
 5  paragraph may be appealed pursuant to the same procedures and
 6  timelines as the notice of proposed action set forth in
 7  paragraph (b).
 8         (11)  SCHOLARSHIP AMOUNT AND PAYMENT.--
 9         (a)  The amount of a scholarship provided to any
10  student for any single school year by an eligible nonprofit
11  scholarship-funding organization from eligible contributions
12  shall not exceed the following annual limits:
13         1.  Three thousand seven hundred fifty dollars for a
14  scholarship awarded to a student enrolled in an eligible
15  private school.
16         2.  Five hundred dollars for a scholarship awarded to a
17  student enrolled in a Florida public school that is located
18  outside the district in which the student resides or in a lab
19  school as defined in s. 1002.32.
20         (b)  Payment of the scholarship by the eligible
21  nonprofit scholarship-funding organization shall be by
22  individual warrant made payable to the student's parent. If
23  the parent chooses that his or her child attend an eligible
24  private school, the warrant must be delivered by the eligible
25  nonprofit scholarship-funding organization to the private
26  school of the parent's choice, and the parent shall
27  restrictively endorse the warrant to the private school. An
28  eligible nonprofit scholarship-funding organization shall
29  ensure that the parent to whom the warrant is made
30  restrictively endorsed the warrant to the private school for
31  deposit into the account of the private school.
                                  24
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         (c)  An eligible nonprofit scholarship-funding
 2  organization shall obtain verification from the private school
 3  of a student's continued attendance at the school prior to
 4  each scholarship payment.
 5         (d)  Payment of the scholarship shall be made by the
 6  eligible nonprofit scholarship-funding organization no less
 7  frequently than on a quarterly basis.
 8         (12)  ADMINISTRATION; RULES.--
 9         (a)  If the credit granted pursuant to this section is
10  not fully used in any one year because of insufficient tax
11  liability on the part of the corporation, the unused amount
12  may be carried forward for a period not to exceed 3 years;
13  however, any taxpayer that seeks to carry forward an unused
14  amount of tax credit must submit an application for allocation
15  of tax credits or carryforward credits as required in
16  paragraph (d) in the year that the taxpayer intends to use the
17  carryforward. This carryforward applies to all approved
18  contributions made after January 1, 2002. A taxpayer may not
19  convey, assign, or transfer the credit authorized by this
20  section to another entity unless all of the assets of the
21  taxpayer are conveyed, assigned, or transferred in the same
22  transaction.
23         (b)  An application for a tax credit pursuant to this
24  section shall be submitted to the department on forms
25  established by rule of the department.
26         (c)  The department and the Department of Education
27  shall develop a cooperative agreement to assist in the
28  administration of this section.
29         (d)  The department shall adopt rules necessary to
30  administer this section, including rules establishing
31  application forms and procedures and governing the allocation
                                  25
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  of tax credits and carryforward credits under this section on
 2  a first-come, first-served basis.
 3         (e)  The State Board of Education shall adopt rules
 4  pursuant to ss. 120.536(1) and 120.54 to administer this
 5  section as it relates to the roles of the Department of
 6  Education and the Commissioner of Education.
 7         (13)  DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--
 8         (a)  All eligible contributions received by an eligible
 9  nonprofit scholarship-funding organization shall be deposited
10  in a manner consistent with s. 17.57(2).
11         (b)  A nonprofit scholarship-funding organization that
12  is authorized to receive donations and distribute scholarships
13  under this section and s. 220.1875 shall account for donations
14  and scholarships separately by each tax credit program. If, in
15  a single fiscal year, the amount of donations available for
16  distribution as scholarships in one program exceeds the demand
17  for scholarships under that program for that fiscal year, the
18  organization may, with approval from the Department of
19  Education, apply those surplus funds to meet demand in the
20  other program.
21         Section 3.  Section 220.1875, Florida Statutes, is
22  created to read:
23         220.1875  Credits for contributions to nonprofit
24  scholarship-funding organizations; families of students
25  attending schools failing to make adequate progress.--
26         (1)  PURPOSE.--The purpose of this section is to:
27         (a)  Ensure that, while the state is implementing a
28  multiyear, comprehensive strategic program to facilitate the
29  improvement of schools that are failing to make adequate
30  progress based on school performance grading categories,
31  students attending failing schools are not denied the
                                  26
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  opportunity to gain the knowledge and skills necessary for
 2  postsecondary education, a career education, or the world of
 3  work.
 4         (b)  Enable the state to fulfill the responsibility, as
 5  articulated by voters in 1998 through an amendment to s. 1,
 6  Art. IX of the State Constitution, to make education a
 7  paramount duty of the state.
 8         (c)  Complement the constitutional requirement to
 9  provide a uniform, efficient, safe, secure, and high-quality
10  system of free public schools by providing educational
11  opportunities to students attending failing public schools
12  without impeding the ability of those schools to improve.
13         (d)  Encourage private, voluntary contributions to
14  nonprofit scholarship-funding organizations.
15         (2)  DEFINITIONS.--As used in this section, the term:
16         (a)  "Department" means the Department of Revenue.
17         (b)  "Eligible contribution" means a monetary
18  contribution from a taxpayer, subject to the restrictions
19  provided in this section, to an eligible nonprofit
20  scholarship-funding organization. The taxpayer making the
21  contribution may not designate a specific child as the
22  beneficiary of the contribution. The taxpayer may not
23  contribute more than $5 million to any single eligible
24  nonprofit scholarship-funding organization.
25         (c)  "Eligible nonpublic school" means a nonpublic
26  school located in Florida which offers an education to
27  students in any grades K-12 and meets the requirements in
28  subsection (9).
29         (d)  "Eligible nonprofit scholarship-funding
30  organization" means a charitable organization as defined in s.
31  220.187(2)(c) which is exempt from federal income tax pursuant
                                  27
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  to s. 501(c)(3) of the Internal Revenue Code and complies with
 2  the provisions of subsection (5).  An eligible nonprofit
 3  scholarship-funding organization that is authorized to provide
 4  scholarships under s. 220.187 may, subject to approval by the
 5  Department of Education, be authorized to provide scholarships
 6  under this section.
 7         (e)  "Qualified student" means a student who:
 8         1.  Has spent the prior school year in attendance at a
 9  public school that has been designated under s. 1008.34 as
10  performance grade category "F," failing to make adequate
11  progress, and that has had 2 school years in a 4-year period
12  of such low performance, and the student's attendance occurred
13  during a school year in which such designation was in effect;
14         2.  Has been in attendance elsewhere in the public
15  school system and has been assigned to such school for the
16  next school year; or
17         3.  Is entering kindergarten or first grade and has
18  been notified that the student has been assigned to such
19  school for the next school year.
20         (f)  "Nonqualified student" means a student who is not
21  eligible for a scholarship while he or she is:
22         1.  Enrolled in a school operating for the purpose of
23  providing educational services to youth in Department of
24  Juvenile Justice commitment programs;
25         2.  Receiving a scholarship from another eligible
26  nonprofit scholarship-funding organization;
27         3.  Receiving an educational scholarship pursuant to
28  chapter 1002;
29         4.  Participating in a home education program as
30  defined in s. 1002.01(1);
31  
                                  28
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         5.  Participating in a private tutoring program
 2  pursuant to s. 1002.43;
 3         6.  Participating in a virtual school, correspondence
 4  school, or distance learning program that receives state
 5  funding pursuant to the student's participation unless the
 6  participation is limited to no more than two courses per
 7  school year; or
 8         7.  Enrolled in the Florida School for the Deaf and the
 9  Blind.
10         (3)  SCHOOL DISTRICT OBLIGATIONS.--
11         (a)  A school district shall, for each student enrolled
12  in or assigned to a school which has been designated as
13  performance grade category "F" for 2 school years in a 4-year
14  period:
15         1.  Timely notify the parent of the student as soon as
16  such designation is made of all options available pursuant to
17  this section;
18         2.  Offer that student's parent an opportunity to
19  enroll the student in another public school within the
20  district which has been designated by the state pursuant to s.
21  1008.34 as a school performing higher than the school in which
22  the student is currently enrolled or to which the student has
23  been assigned, but not less than performance grade category
24  "C"; and
25         3.  Inform that student's parent of the child's
26  eligibility to receive a scholarship under this section to
27  enroll the student in and transport the student to attend a
28  public school outside the district which has been designated
29  by the state pursuant to s. 1008.34 as a school performing
30  higher than that in which the student is currently enrolled or
31  to which the student has been assigned, but not less than
                                  29
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  performance grade category "C," or to attend an eligible
 2  nonpublic school.
 3         (b)  A higher-performing public school that has
 4  available space in an adjacent school district shall accept
 5  students qualified under this section and report the students
 6  for purposes of the district's funding pursuant to the Florida
 7  Education Finance Program.
 8         (c)  For students in the school district who are
 9  attending nonpublic schools under this section, the school
10  district shall provide locations and times to take all
11  statewide assessments required pursuant to s. 1008.22.
12         (d)  Students with disabilities who are eligible to
13  receive services from the school district under federal or
14  state law, and who receive a scholarship under this section,
15  remain eligible to receive services from the school district
16  as provided by federal or state law.
17         (4)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX
18  CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--
19         (a)  There is allowed a credit of 100 percent of an
20  eligible contribution against any tax due for a taxable year
21  under this chapter. However, such a credit may not exceed 75
22  percent of the tax due under this chapter for the taxable
23  year, after the application of any other allowable credits by
24  the taxpayer. However, at least 5 percent of the total
25  statewide amount authorized for the tax credit shall be
26  reserved for taxpayers who meet the definition of a small
27  business provided in s. 288.703(1) at the time of application.
28  The credit granted by this section shall be reduced by the
29  difference between the amount of federal corporate income tax,
30  taking into account the credit granted by this section, and
31  
                                  30
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  the amount of federal corporate income tax without application
 2  of the credit granted by this section.
 3         (b)  The total amount of tax credits and carryforward
 4  of tax credits which may be granted each state fiscal year
 5  under this section is $5 million.
 6         (c)  A taxpayer who files a Florida consolidated return
 7  as a member of an affiliated group pursuant to s. 220.131(1)
 8  may be allowed the credit on a consolidated return basis;
 9  however, the total credit taken by the affiliated group is
10  subject to the limitation established under paragraph (a).
11         (5)  OBLIGATIONS OF ELIGIBLE NONPROFIT
12  SCHOLARSHIP-FUNDING ORGANIZATIONS.--
13         (a)  An eligible nonprofit scholarship-funding
14  organization shall provide scholarships, from eligible
15  contributions, to qualified students for:
16         1.  Tuition and fees for a qualified student enrolled
17  in an eligible nonpublic school.
18         2.  Transportation expenses to a Florida public school
19  that is located outside the district in which the qualified
20  student resides.
21         (b)  For continuity of educational choice, an eligible
22  nonprofit scholarship-funding organization shall give priority
23  to qualified students who received a scholarship to attend an
24  eligible nonpublic school during the previous school year.
25         (c)  The amount of a scholarship provided to any
26  qualified student for any single school year by all eligible
27  nonprofit scholarship-funding organizations from eligible
28  contributions may not exceed the following annual limits:
29         1.  For qualified students who choose to attend an
30  eligible nonpublic school, the lesser of:
31  
                                  31
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         a.  The student's tuition and fees to attend an
 2  eligible nonpublic school; or
 3         b.  A calculated amount equivalent to the base student
 4  allocation in the Florida Education Finance Program multiplied
 5  by the appropriate cost factor for the educational program
 6  that will be provided for the student in the district school
 7  to which he or she is assigned, multiplied by the district
 8  cost differential. In addition, the calculated amount shall
 9  include the per-student share of instructional materials
10  funds, technology funds, and other categorical funds.
11         2.  For qualified students who choose to attend a
12  higher-performing public school that is located outside the
13  district in which the student resides, $500.
14         (d)  The amount of an eligible contribution which may
15  be accepted by an eligible nonprofit scholarship-funding
16  organization is limited to the amount needed to provide
17  scholarships for qualified students which the organization has
18  identified and for which vacancies in eligible nonpublic
19  schools have been identified.
20         (e)  An eligible nonprofit scholarship-funding
21  organization that receives an eligible contribution must spend
22  100 percent of the eligible contribution to provide
23  scholarships in the same state fiscal year in which the
24  contribution was received. No portion of eligible
25  contributions may be used for administrative expenses. All
26  interest accrued from contributions must be used for
27  scholarships.
28         (f)  An eligible nonprofit scholarship-funding
29  organization that receives eligible contributions must provide
30  to the Auditor General an annual financial and compliance
31  audit of its accounts and records conducted by an independent
                                  32
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  certified public accountant and in accordance with rules
 2  adopted by the Auditor General.
 3         (g)  Payment of the scholarship by the eligible
 4  nonprofit scholarship-funding organization shall be by
 5  individual warrant or check made payable to the student's
 6  parent. If the parent chooses for his or her child to attend
 7  an eligible nonpublic school, the warrant or check must be
 8  mailed by the eligible nonprofit scholarship-funding
 9  organization to the nonpublic school of the parent's choice,
10  and the parent shall restrictively endorse the warrant or
11  check to the nonpublic school. An eligible nonprofit
12  scholarship-funding organization shall ensure that, upon
13  receipt of a scholarship warrant or check, the parent to whom
14  the warrant or check is made restrictively endorses the
15  warrant or check to the nonpublic school of the parent's
16  choice for deposit into the account of the nonpublic school.
17         (h)  An eligible nonprofit scholarship-funding
18  organization must comply with the following background check
19  requirements:
20         1.  All owners and operators of an eligible nonprofit
21  scholarship-funding organization are, upon employment or
22  engagement to provide services, subject to level 2 background
23  screening as provided under chapter 435. The fingerprints for
24  the background screening must be electronically submitted to
25  the Department of Law Enforcement and may be taken by an
26  authorized law enforcement agency or by an employee of the
27  eligible nonprofit scholarship-funding organization or a
28  private company who is trained to take fingerprints. However,
29  the complete set of fingerprints of an owner or operator may
30  not be taken by  the owner or operator. The results of the
31  state and national criminal history check shall be provided to
                                  33
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  the Department of Education for screening under chapter 435.
 2  The cost of the background screening may be borne by the
 3  eligible nonprofit scholarship-funding organization or the
 4  owner or operator.
 5         2.  Every 5 years following employment or engagement to
 6  provide services to or association with an eligible nonprofit
 7  scholarship-funding organization, each owner or operator must
 8  meet level 2 screening standards as described in s. 435.04, at
 9  which time the nonprofit scholarship-funding organization
10  shall request the Department of Law Enforcement to forward the
11  fingerprints to the Federal Bureau of Investigation for level
12  2 screening. If the fingerprints of an owner or operator are
13  not retained by the Department of Law Enforcement under
14  subparagraph 3., the owner or operator must electronically
15  file a complete set of fingerprints with the Department of Law
16  Enforcement. Upon submission of fingerprints for this purpose,
17  the eligible nonprofit scholarship-funding organization shall
18  request that the Department of Law Enforcement forward the
19  fingerprints to the Federal Bureau of Investigation for level
20  2 screening, and the fingerprints shall be retained by the
21  Department of Law Enforcement under subparagraph 3.
22         3.  Beginning July 1, 2008, all fingerprints submitted
23  to the Department of Law Enforcement as required by this
24  paragraph must be retained by the Department of Law
25  Enforcement in a manner approved by rule and entered in the
26  statewide automated fingerprint identification system
27  authorized by s. 943.05(2)(b). The fingerprints must
28  thereafter be available for all purposes and uses authorized
29  for arrest fingerprint cards entered in the statewide
30  automated fingerprint identification system pursuant to
31  s.943.051.
                                  34
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         4.  Beginning July 1, 2008, the Department of Law
 2  Enforcement shall search all arrest fingerprint cards received
 3  under s. 943.051 against the fingerprints retained in the
 4  statewide automated fingerprint identification system under
 5  subparagraph 3. Any arrest record that is identified with an
 6  owner's or operator's fingerprints must be reported to the
 7  Department of Education. The Department of Education shall
 8  participate in this search process by paying an annual fee to
 9  the Department of Law Enforcement and by informing the
10  Department of Law Enforcement of any change in the employment,
11  engagement, or association status of the owners or operators
12  whose fingerprints are retained under subparagraph 3. The
13  Department of Law Enforcement shall adopt a rule setting the
14  amount of the annual fee to be imposed upon the Department of
15  Education for performing these services and establishing the
16  procedures for the retention of owner and operator
17  fingerprints and the dissemination of search results. The fee
18  may be borne by the owner or operator of the nonprofit
19  scholarship-funding organization.
20         5.  A nonprofit scholarship-funding organization whose
21  owner or operator fails the level 2 background screening is
22  not eligible to provide scholarships under this section.
23         6.  A nonprofit scholarship-funding organization whose
24  owner or operator in the last 7 years has filed for personal
25  bankruptcy or corporate bankruptcy in a corporation of which
26  he or she owned more than 20 percent is not eligible to
27  provide scholarships under this section.
28         (i)  An eligible nonprofit scholarship-funding
29  organization must not have an owner or operator who owns or
30  operates an eligible private school that is participating in
31  the scholarship program.
                                  35
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         (j)  An eligible nonprofit scholarship-funding
 2  organization may not restrict or reserve scholarships for use
 3  at a particular private school or provide scholarships to a
 4  child of an owner or operator.
 5         (k)  An eligible nonprofit scholarship-funding
 6  organization must:
 7         1.  Comply with the antidiscrimination provisions of 42
 8  U.S.C. s. 2000d.
 9         2.  Maintain separate accounts for scholarship funds
10  and operating funds.
11         3.  Provide to the Auditor General and the Department
12  of Education an annual financial and compliance audit of its
13  accounts and records conducted by an independent certified
14  public accountant and in accordance with rules adopted by the
15  Auditor General. The audit must be conducted in compliance
16  with generally accepted auditing standards and must include a
17  report of financial statements presented in accordance with
18  generally accepted accounting principles set forth by the
19  American Institute of Certified Public Accountants for
20  not-for-profit organizations and a determination of compliance
21  with the statutory eligibility and expenditure requirements
22  set forth in this section. Audits must be provided to the
23  Auditor General and the Department of Education within 180
24  days after completion of the eligible nonprofit
25  scholarship-funding organization's fiscal year.
26         4.  Prepare and submit quarterly reports to the
27  Department of Education pursuant to this section. In addition,
28  an eligible nonprofit scholarship-funding organization must
29  submit in a timely manner any information requested by the
30  Department of Education relating to the scholarship program.
31  
                                  36
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  Any and all information and documentation provided to the
 2  Department of Education and the Auditor General relating to
 3  the identity of a taxpayer that provides an eligible
 4  contribution under this section shall remain confidential at
 5  all times in accordance with s. 213.053.
 6         (6)  PARENT OBLIGATIONS.--As a condition for
 7  scholarship payment pursuant to paragraph (5)(g), if the
 8  parent chooses for his or her child to attend an eligible
 9  nonpublic school, the parent must:
10         (a)  Obtain acceptance for admission of the student to
11  an eligible nonpublic school and inform the child's school
12  district within 15 days after receiving acceptance;
13         (b)  Comply fully with the nonpublic school's
14  parental-involvement requirements, unless excused by the
15  school for illness or other good cause; and
16         (c)  Ensure that the student receiving a scholarship
17  under this section takes all statewide assessments required
18  pursuant to s. 1008.22.
19         (d)  Upon receipt of a scholarship warrant from the
20  eligible nonprofit scholarship-funding organization,
21  restrictively endorse the warrant to the private school for
22  deposit into the account of the private school. The parent may
23  not designate any entity or individual associated with the
24  participating private school as the parent's attorney in fact
25  to endorse a scholarship warrant. A participant who fails to
26  comply with this paragraph forfeits the scholarship.
27         (7)  STUDENT OBLIGATIONS.--As a condition for
28  scholarship payment pursuant to paragraph (5)(g), if the
29  parent chooses for his or her child to attend an eligible
30  nonpublic school, the student must remain in attendance
31  throughout the school year, unless excused by the school for
                                  37
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  illness or other good cause, and must comply fully with the
 2  school's code of conduct.
 3         (8)  DURATION OF SCHOLARSHIP.--
 4         (a)  For purposes of continuity of educational choice,
 5  a scholarship granted under this section shall remain in force
 6  until the student returns to the pubic school to which the
 7  student was originally assigned, or:
 8         1.  If the student is in grades kindergarten through
 9  five, until the student matriculates to the sixth grade and
10  the public middle school to which the student is assigned is
11  an accredited school that has a performance grade category
12  designation of "C" or better;
13         2.  If the student is in grades six through eight,
14  until the student matriculates to high school and the public
15  high school to which the student is assigned is an accredited
16  school that has a performance grade category designation of
17  "C" or better.
18  
19  At any time upon reasonable notice to the Department of
20  Education and the school district, the student's parent may
21  remove the student from the nonpublic school and place the
22  student in a public school, as provided in subparagraph
23  (3)(a)2.
24         (b)  A school from which a student transfers using a
25  scholarship under this section may continue to report the
26  student for the purpose of the district's funding pursuant to
27  the Florida Education Finance Program for the remainder of the
28  period during which the student would have attended that
29  school.  The district shall provide the funding associated
30  with that student directly to the respective public school.
31  The school may not report the student under this paragraph
                                  38
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  beyond the period after which the student would have
 2  matriculated to another school.
 3         (9)  ELIGIBLE NONPUBLIC SCHOOL OBLIGATIONS.--An
 4  eligible nonpublic school must:
 5         (a)  Demonstrate fiscal soundness by being in operation
 6  for 1 school year or provide the Department of Education with
 7  a statement by a certified public accountant confirming that
 8  the nonpublic school desiring to participate is insured and
 9  the owner or owners have sufficient capital or credit to
10  operate the school for the upcoming year serving the number of
11  students anticipated with expected revenues from tuition and
12  other sources which may be reasonably expected. In lieu of
13  such a statement, a surety bond or letter of credit for the
14  amount equal to the scholarship funds for any quarter may be
15  filed with the department.
16         (b)  Notify the Department of Education, the school
17  district in whose service area the school is located, and all
18  eligible nonprofit scholarship funding organizations of its
19  intent to participate in the program under this section by May
20  1 of the school year preceding the school year in which it
21  intends to participate. The notice must specify the grade
22  levels and services that the private school has available for
23  qualified students under this section.
24         (c)  Comply with the antidiscrimination provisions of
25  42 U.S.C. s. 2000d.
26         (d)  Meet state and local health and safety laws and
27  codes.
28         (e)  Comply with all state laws relating to general
29  regulation of nonpublic schools.
30         (f)  Accept scholarship students on an entirely random
31  and religious-neutral basis without regard to the student's
                                  39
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  past academic history; however, the nonpublic school may give
 2  preference in accepting applications to siblings of students
 3  who have already been accepted on a random and
 4  religious-neutral basis.
 5         (g)  Be subject to the instruction, curriculum, and
 6  attendance criteria adopted by an appropriate nonpublic school
 7  accrediting body and be academically accountable to the parent
 8  for meeting the educational needs of the student. The
 9  nonpublic school must furnish a school profile that includes
10  student performance.
11         (h)  Employ or contract with teachers who hold a
12  baccalaureate or higher degree, have at least 3 years of
13  teaching experience in public or private schools, or have
14  special skills, knowledge, or expertise that qualifies them to
15  provide instruction in subjects taught.
16         (i)  Comply with all state statutes relating to private
17  schools.
18         (j)  Accept as full tuition and fees the amount
19  provided by the state nonprofit scholarship-funding
20  organization for each student.
21         (k)  Agree not to compel any student attending the
22  private school under this section to profess a specific
23  ideological belief, to pray, or to worship.
24         (l)  Adhere to the tenets of its published disciplinary
25  procedures prior to the expulsion of any student attending the
26  private school under this section.
27  
28  The inability of a private school to meet the requirements of
29  this subsection constitutes a basis for the ineligibility of
30  the private school to participate in the scholarship program
31  as determined by the Department of Education.
                                  40
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 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  
                                  41
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         (d)  The department shall adopt rules pursuant to ss.
 2  120.536(1) and 120.54 as necessary to administer this section,
 3  including rules establishing application forms and procedures
 4  and governing the allocation of tax credits and carryforward
 5  credits under this section on a first-come, first-served
 6  basis.
 7         (e)  The State Board of Education shall adopt rules
 8  pursuant to ss. 120.536(1) and 120.54 as necessary to
 9  determine the eligibility of nonprofit scholarship-funding
10  organizations as defined in paragraph (2)(d) and according to
11  the provisions of subsection (5) and identify qualified
12  students as defined in paragraph (2)(e).
13         (11)  DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--
14         (a)  All eligible contributions received by an eligible
15  nonprofit scholarship-funding organization shall be deposited
16  in a manner consistent with s. 17.57(2).
17         (b)  A nonprofit scholarship-funding organization that
18  is authorized to receive donations and distribute scholarships
19  under this section and s. 220.187 shall account for donations
20  and scholarships separately by each tax credit program.  If,
21  in a single fiscal year, the amount of donations available for
22  distribution as scholarships in one program exceeds the demand
23  for scholarships under that program for that fiscal year, the
24  organization may, with approval from the Department of
25  Education, apply those surplus funds to meet demand in the
26  other program.
27         Section 4.  Paragraph (z) is added to subsection (8) of
28  section 213.053, Florida Statutes, to read:
29         213.053  Confidentiality and information sharing.--
30         (8)  Notwithstanding any other provision of this
31  section, the department may provide:
                                  42
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         (z)  Information relative to s. 220.1875 to the
 2  Department of Education in the conduct of its official
 3  business.
 4  
 5  Disclosure of information under this subsection shall be
 6  pursuant to a written agreement between the executive director
 7  and the agency.  Such agencies, governmental or
 8  nongovernmental, shall be bound by the same requirements of
 9  confidentiality as the Department of Revenue.  Breach of
10  confidentiality is a misdemeanor of the first degree,
11  punishable as provided by s. 775.082 or s. 775.083.
12         Section 5.  Subsection (8) of section 220.02, Florida
13  Statutes, is amended to read:
14         220.02  Legislative intent.--
15         (8)  It is the intent of the Legislature that credits
16  against either the corporate income tax or the franchise tax
17  be applied in the following order: those enumerated in s.
18  631.828, those enumerated in s. 220.191, those enumerated in
19  s. 220.181, those enumerated in s. 220.183, those enumerated
20  in s. 220.182, those enumerated in s. 220.1895, those
21  enumerated in s. 221.02, those enumerated in s. 220.184, those
22  enumerated in s. 220.186, those enumerated in s. 220.1845,
23  those enumerated in s. 220.19, those enumerated in s. 220.185,
24  those enumerated in s. 220.187, those enumerated in s.
25  220.1875, those enumerated in s. 220.192, and those enumerated
26  in s. 220.193.
27         Section 6.  Paragraph (a) of subsection (1) of section
28  220.13, Florida Statutes, is amended to read:
29         220.13  "Adjusted federal income" defined.--
30         (1)  The term "adjusted federal income" means an amount
31  equal to the taxpayer's taxable income as defined in
                                  43
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  subsection (2), or such taxable income of more than one
 2  taxpayer as provided in s. 220.131, for the taxable year,
 3  adjusted as follows:
 4         (a)  Additions.--There shall be added to such taxable
 5  income:
 6         1.  The amount of any tax upon or measured by income,
 7  excluding taxes based on gross receipts or revenues, paid or
 8  accrued as a liability to the District of Columbia or any
 9  state of the United States which is deductible from gross
10  income in the computation of taxable income for the taxable
11  year.
12         2.  The amount of interest which is excluded from
13  taxable income under s. 103(a) of the Internal Revenue Code or
14  any other federal law, less the associated expenses disallowed
15  in the computation of taxable income under s. 265 of the
16  Internal Revenue Code or any other law, excluding 60 percent
17  of any amounts included in alternative minimum taxable income,
18  as defined in s. 55(b)(2) of the Internal Revenue Code, if the
19  taxpayer pays tax under s. 220.11(3).
20         3.  In the case of a regulated investment company or
21  real estate investment trust, an amount equal to the excess of
22  the net long-term capital gain for the taxable year over the
23  amount of the capital gain dividends attributable to the
24  taxable year.
25         4.  That portion of the wages or salaries paid or
26  incurred for the taxable year which is equal to the amount of
27  the credit allowable for the taxable year under s. 220.181.
28  This subparagraph shall expire on the date specified in s.
29  290.016 for the expiration of the Florida Enterprise Zone Act.
30         5.  That portion of the ad valorem school taxes paid or
31  incurred for the taxable year which is equal to the amount of
                                  44
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  the credit allowable for the taxable year under s. 220.182.
 2  This subparagraph shall expire on the date specified in s.
 3  290.016 for the expiration of the Florida Enterprise Zone Act.
 4         6.  The amount of emergency excise tax paid or accrued
 5  as a liability to this state under chapter 221 which tax is
 6  deductible from gross income in the computation of taxable
 7  income for the taxable year.
 8         7.  That portion of assessments to fund a guaranty
 9  association incurred for the taxable year which is equal to
10  the amount of the credit allowable for the taxable year.
11         8.  In the case of a nonprofit corporation which holds
12  a pari-mutuel permit and which is exempt from federal income
13  tax as a farmers' cooperative, an amount equal to the excess
14  of the gross income attributable to the pari-mutuel operations
15  over the attributable expenses for the taxable year.
16         9.  The amount taken as a credit for the taxable year
17  under s. 220.1895.
18         10.  Up to nine percent of the eligible basis of any
19  designated project which is equal to the credit allowable for
20  the taxable year under s. 220.185.
21         11.  The amount taken as a credit for the taxable year
22  under s. 220.187.
23         12.  The amount taken as a credit for the taxable year
24  under s. 220.1875.
25         13.12.  The amount taken as a credit for the taxable
26  year under s. 220.192.
27         14.13.  The amount taken as a credit for the taxable
28  year under s. 220.193.
29         Section 7.  Section 220.701, Florida Statutes, is
30  amended to read:
31  
                                  45
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         220.701  Collection authority.--The department shall
 2  collect the taxes imposed by this chapter and shall pay all
 3  moneys received by it into the Corporate Income Tax Trust Fund
 4  created under s. 220.7015. Unencumbered balances in this trust
 5  fund shall be transferred monthly into the General Revenue
 6  Fund of the state. However, such transfers shall be expended
 7  exclusively on programs that are consistent with the uses
 8  established for the Corporate Income Tax Trust Fund and that
 9  are specifically identified in the General Appropriations Act.
10         Section 8.  Subsection (13) of section 1001.10, Florida
11  Statutes, is amended to read:
12         1001.10  Commissioner of Education; general powers and
13  duties.--The Commissioner of Education is the chief
14  educational officer of the state and the sole custodian of the
15  K-20 data warehouse, and is responsible for giving full
16  assistance to the State Board of Education in enforcing
17  compliance with the mission and goals of the seamless K-20
18  education system. To facilitate innovative practices and to
19  allow local selection of educational methods, the State Board
20  of Education may authorize the commissioner to waive, upon the
21  request of a district school board, State Board of Education
22  rules that relate to district school instruction and school
23  operations, except those rules pertaining to civil rights, and
24  student health, safety, and welfare. The Commissioner of
25  Education is not authorized to grant waivers for any
26  provisions in rule pertaining to the allocation and
27  appropriation of state and local funds for public education;
28  the election, compensation, and organization of school board
29  members and superintendents; graduation and state
30  accountability standards; financial reporting requirements;
31  reporting of out-of-field teaching assignments under s.
                                  46
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  1012.42; public meetings; public records; or due process
 2  hearings governed by chapter 120. No later than January 1 of
 3  each year, the commissioner shall report to the Legislature
 4  and the State Board of Education all approved waiver requests
 5  in the preceding year. Additionally, the commissioner has the
 6  following general powers and duties:
 7         (13)  To prepare and publish annually reports giving
 8  statistics and other useful information pertaining to the tax
 9  credit programs under ss. 220.187 and 220.1875 Opportunity
10  Scholarship Program.
11  
12  The commissioner's office shall operate all statewide
13  functions necessary to support the State Board of Education
14  and the K-20 education system, including strategic planning
15  and budget development, general administration, and assessment
16  and accountability.
17         Section 9.  Subsection (18) of section 1001.42, Florida
18  Statutes, is amended to read:
19         1001.42  Powers and duties of district school
20  board.--The district school board, acting as a board, shall
21  exercise all powers and perform all duties listed below:
22         (18)  CORPORATE INCOME TAX CREDIT SCHOLARSHIP PROGRAM;
23  FAMILIES OF STUDENTS ATTENDING FAILING SCHOOLS OPPORTUNITY
24  SCHOLARSHIPS.--Adopt policies allowing students attending
25  schools that have been designated with a grade of "F," failing
26  to make adequate progress, for 2 school years in a 4-year
27  period to attend a higher performing public school in the same
28  district or an adjoining district or be granted a state
29  opportunity scholarship to transport the student to a public
30  school in an adjoining district or a scholarship to attend a
31  
                                  47
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  private school, in conformance with s. 220.1875 s. 1002.38 and
 2  State Board of Education rule.
 3         Section 10.  Subsection (6) of section 1002.20, Florida
 4  Statutes, is amended to read:
 5         1002.20  K-12 student and parent rights.--Parents of
 6  public school students must receive accurate and timely
 7  information regarding their child's academic progress and must
 8  be informed of ways they can help their child to succeed in
 9  school. K-12 students and their parents are afforded numerous
10  statutory rights including, but not limited to, the following:
11         (6)  EDUCATIONAL CHOICE.--
12         (a)  Public school choices.--Parents of public school
13  students may seek whatever public school choice options that
14  are applicable to their students and are available to students
15  in their school districts. These options may include
16  controlled open enrollment, lab schools, charter schools,
17  charter technical career centers, magnet schools, alternative
18  schools, special programs, advanced placement, dual
19  enrollment, International Baccalaureate, International General
20  Certificate of Secondary Education (pre-AICE), Advanced
21  International Certificate of Education, early admissions,
22  credit by examination or demonstration of competency, the New
23  World School of the Arts, the Florida School for the Deaf and
24  the Blind, and the Florida Virtual School. These options may
25  also include the public school choice options of the corporate
26  income tax credit scholarship programs Opportunity Scholarship
27  Program and the McKay Scholarships for Students with
28  Disabilities Program.
29         (b)  Private school choices.--Parents of public school
30  students may seek private school choice options under certain
31  programs.
                                  48
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         1.  Under the corporate income tax credit scholarship
 2  program for families of students attending schools failing to
 3  make adequate progress Opportunity Scholarship Program, the
 4  parent of a student in a failing public school may seek a
 5  request and receive an opportunity scholarship from an
 6  eligible nonprofit scholarship-funding organization for the
 7  student to attend a private school in accordance with s.
 8  220.1875 the provisions of s. 1002.38.
 9         2.  Under the McKay Scholarships for Students with
10  Disabilities Program, the parent of a public school student
11  with a disability who is dissatisfied with the student's
12  progress may request and receive a McKay Scholarship for the
13  student to attend a private school in accordance with the
14  provisions of s. 1002.39.
15         3.  Under the corporate income tax credit scholarship
16  program for families that have limited financial resources,
17  the parent of a student who qualifies for free or
18  reduced-price school lunch may seek a scholarship from an
19  eligible nonprofit scholarship-funding organization for the
20  student to attend a private school in accordance with the
21  provisions of s. 220.187.
22         (c)  Home education.--The parent of a student may
23  choose to place the student in a home education program in
24  accordance with the provisions of s. 1002.41.
25         (d)  Private tutoring.--The parent of a student may
26  choose to place the student in a private tutoring program in
27  accordance with the provisions of s. 1002.43(1).
28         Section 11.  Section 1002.38, Florida Statutes, is
29  repealed.
30         Section 12.  Section 1002.39, Florida Statutes, is
31  amended to read:
                                  49
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         1002.39  The John M. McKay Scholarships for Students
 2  with Disabilities Program.--There is established a program
 3  that is separate and distinct from the Opportunity Scholarship
 4  Program and is named the John M. McKay Scholarships for
 5  Students with Disabilities Program.
 6         (1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH
 7  DISABILITIES PROGRAM.--The John M. McKay Scholarships for
 8  Students with Disabilities Program is established to provide
 9  the option to attend a public school other than the one to
10  which assigned, or to provide a scholarship to a private
11  school of choice, for students with disabilities for whom an
12  individual education plan has been written in accordance with
13  rules of the State Board of Education. Students with
14  disabilities include K-12 students who are documented as
15  having a mental handicap, including trainable, profound, or
16  educable; a speech or language impairment; a hearing
17  impairment, including deafness; a visual impairment, including
18  blindness; a dual sensory impairment; a physical impairment; a
19  serious emotional disturbance, including an emotional
20  handicap; a specific learning disability, including, but not
21  limited to, dyslexia, dyscalculia, or developmental aphasia; a
22  traumatic brain injury; or autism.
23         (2)  JOHN M. MCKAY SCHOLARSHIP ELIGIBILITY.--The parent
24  of a public school student with a disability who is
25  dissatisfied with the student's progress may request and
26  receive from the state a John M. McKay Scholarship for the
27  child to enroll in and attend a private school in accordance
28  with this section if:
29         (a)  The student has spent the prior school year in
30  attendance at a Florida public school or the Florida School
31  
                                  50
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  for the Deaf and the Blind. Prior school year in attendance
 2  means that the student was:
 3         1.  Enrolled and reported by a school district for
 4  funding during the preceding October and February Florida
 5  Education Finance Program surveys in kindergarten through
 6  grade 12, which shall include time spent in a Department of
 7  Juvenile Justice commitment program if funded under the
 8  Florida Education Finance Program;
 9         2.  Enrolled and reported by the Florida School for the
10  Deaf and the Blind during the preceding October and February
11  student membership surveys in kindergarten through grade 12;
12  or
13         3.  Enrolled and reported by a school district for
14  funding during the preceding October and February Florida
15  Education Finance Program surveys, was at least 4 years old
16  when so enrolled and reported, and was eligible for services
17  under s. 1003.21(1)(e).
18  
19  However, a dependent child of a member of the United States
20  Armed Forces who transfers to a school in this state from out
21  of state or from a foreign country pursuant to a parent's
22  permanent change of station orders is exempt from this
23  paragraph but must meet all other eligibility requirements to
24  participate in the program.
25         (b)  The parent has obtained acceptance for admission
26  of the student to a private school that is eligible for the
27  program under subsection (8) and has requested from the
28  department a scholarship at least 60 days prior to the date of
29  the first scholarship payment. The request must be through a
30  communication directly to the department in a manner that
31  creates a written or electronic record of the request and the
                                  51
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  date of receipt of the request. The Department of Education
 2  must notify the district of the parent's intent upon receipt
 3  of the parent's request.
 4         (3)  JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.--A student
 5  is not eligible for a John M. McKay Scholarship while he or
 6  she is:
 7         (a)  Enrolled in a school operating for the purpose of
 8  providing educational services to youth in Department of
 9  Juvenile Justice commitment programs;
10         (b)  Receiving a corporate income tax credit
11  scholarship under s. 220.187;
12         (c)  Receiving an educational scholarship pursuant to
13  this chapter;
14         (d)  Participating in a home education program as
15  defined in s. 1002.01(1);
16         (e)  Participating in a private tutoring program
17  pursuant to s. 1002.43;
18         (f)  Participating in a virtual school, correspondence
19  school, or distance learning program that receives state
20  funding pursuant to the student's participation unless the
21  participation is limited to no more than two courses per
22  school year;
23         (g)  Enrolled in the Florida School for the Deaf and
24  the Blind; or
25         (h)  Not having regular and direct contact with his or
26  her private school teachers at the school's physical location.
27         (4)  TERM OF JOHN M. MCKAY SCHOLARSHIP.--
28         (a)  For purposes of continuity of educational choice,
29  a John M. McKay Scholarship shall remain in force until the
30  student returns to a public school, graduates from high
31  school, or reaches the age of 22, whichever occurs first.
                                  52
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         (b)  Upon reasonable notice to the department and the
 2  school district, the student's parent may remove the student
 3  from the private school and place the student in a public
 4  school in accordance with this section.
 5         (c)  Upon reasonable notice to the department, the
 6  student's parent may move the student from one participating
 7  private school to another participating private school.
 8         (5)  SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.--
 9         (a)1.  By April 1 of each year and within 10 days after
10  an individual education plan meeting, a school district shall
11  notify the parent of the student of all options available
12  pursuant to this section, inform the parent of the
13  availability of the department's telephone hotline and
14  Internet website for additional information on John M. McKay
15  Scholarships, and offer that student's parent an opportunity
16  to enroll the student in another public school within the
17  district.
18         2.  The parent is not required to accept the offer of
19  enrolling in another public school in lieu of requesting a
20  John M. McKay Scholarship to a private school. However, if the
21  parent chooses the public school option, the student may
22  continue attending a public school chosen by the parent until
23  the student graduates from high school.
24         3.  If the parent chooses a public school consistent
25  with the district school board's choice plan under s. 1002.31,
26  the school district shall provide transportation to the public
27  school selected by the parent. The parent is responsible to
28  provide transportation to a public school chosen that is not
29  consistent with the district school board's choice plan under
30  s. 1002.31.
31  
                                  53
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         (b)1.  For a student with disabilities who does not
 2  have a matrix of services under s. 1011.62(1)(e), the school
 3  district must complete a matrix that assigns the student to
 4  one of the levels of service as they existed prior to the
 5  2000-2001 school year.
 6         2.a.  Within 10 school days after it receives
 7  notification of a parent's request for a John M. McKay
 8  Scholarship, a school district must notify the student's
 9  parent if the matrix of services has not been completed and
10  inform the parent that the district is required to complete
11  the matrix within 30 days after receiving notice of the
12  parent's request for a John M. McKay Scholarship. This notice
13  should include the required completion date for the matrix.
14         b.  The school district must complete the matrix of
15  services for any student who is participating in the John M.
16  McKay Scholarships for Students with Disabilities Program and
17  must notify the department of the student's matrix level
18  within 30 days after receiving notification of a request to
19  participate in the scholarship program. The school district
20  must provide the student's parent with the student's matrix
21  level within 10 school days after its completion.
22         c.  The department shall notify the private school of
23  the amount of the scholarship within 10 days after receiving
24  the school district's notification of the student's matrix
25  level.
26         d.  A school district may change a matrix of services
27  only if the change is to correct a technical, typographical,
28  or calculation error.
29         (c)  A school district shall provide notification to
30  parents of the availability of a reevaluation at least every 3
31  
                                  54
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  years of each student who receives a John M. McKay
 2  Scholarship.
 3         (d)  If the parent chooses the private school option
 4  and the student is accepted by the private school pending the
 5  availability of a space for the student, the parent of the
 6  student must notify the department 60 days prior to the first
 7  scholarship payment and before entering the private school in
 8  order to be eligible for the scholarship when a space becomes
 9  available for the student in the private school.
10         (e)  The parent of a student may choose, as an
11  alternative, to enroll the student in and transport the
12  student to a public school in an adjacent school district
13  which has available space and has a program with the services
14  agreed to in the student's individual education plan already
15  in place, and that school district shall accept the student
16  and report the student for purposes of the district's funding
17  pursuant to the Florida Education Finance Program.
18         (f)  For a student who participates in the John M.
19  McKay Scholarships for Students with Disabilities Program
20  whose parent requests that the student take the statewide
21  assessments under s. 1008.22, the district in which the
22  student attends private school shall provide locations and
23  times to take all statewide assessments.
24         (6)  DEPARTMENT OF EDUCATION OBLIGATIONS.--The
25  department shall:
26         (a)  Establish a toll-free hotline that provides
27  parents and private schools with information on participation
28  in the John M. McKay Scholarships for Students with
29  Disabilities Program.
30         (b)  Annually verify the eligibility of private schools
31  that meet the requirements of subsection (8).
                                  55
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         (c)  Establish a process by which individuals may
 2  notify the department of any violation by a parent, private
 3  school, or school district of state laws relating to program
 4  participation. The department shall conduct an inquiry of any
 5  written complaint of a violation of this section, or make a
 6  referral to the appropriate agency for an investigation, if
 7  the complaint is signed by the complainant and is legally
 8  sufficient. A complaint is legally sufficient if it contains
 9  ultimate facts that show that a violation of this section or
10  any rule adopted by the State Board of Education has occurred.
11  In order to determine legal sufficiency, the department may
12  require supporting information or documentation from the
13  complainant. A department inquiry is not subject to the
14  requirements of chapter 120.
15         (d)  Require an annual, notarized, sworn compliance
16  statement by participating private schools certifying
17  compliance with state laws and shall retain such records.
18         (e)  Cross-check the list of participating scholarship
19  students with the public school enrollment lists prior to each
20  scholarship payment to avoid duplication.
21         (f)1.  Conduct random site visits to private schools
22  participating in the John M. McKay Scholarships for Students
23  with Disabilities Program. The purpose of the site visits is
24  solely to verify the information reported by the schools
25  concerning the enrollment and attendance of students, the
26  credentials of teachers, background screening of teachers, and
27  teachers' fingerprinting results, which information is
28  required by rules of the State Board of Education, subsection
29  (8), and s. 1002.421. The Department of Education may not make
30  more than three random site visits each year and may not make
31  
                                  56
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  more than one random site visit each year to the same private
 2  school.
 3         2.  Annually, by December 15, report to the Governor,
 4  the President of the Senate, and the Speaker of the House of
 5  Representatives the Department of Education's actions with
 6  respect to implementing accountability in the scholarship
 7  program under this section and s. 1002.421, any substantiated
 8  allegations or violations of law or rule by an eligible
 9  private school under this program concerning the enrollment
10  and attendance of students, the credentials of teachers,
11  background screening of teachers, and teachers' fingerprinting
12  results and the corrective action taken by the Department of
13  Education.
14         (7)  COMMISSIONER OF EDUCATION AUTHORITY AND
15  OBLIGATIONS.--
16         (a)  The Commissioner of Education shall deny, suspend,
17  or revoke a private school's participation in the scholarship
18  program if it is determined that the private school has failed
19  to comply with the provisions of this section. However, in
20  instances in which the noncompliance is correctable within a
21  reasonable amount of time and in which the health, safety, or
22  welfare of the students is not threatened, the commissioner
23  may issue a notice of noncompliance which shall provide the
24  private school with a timeframe within which to provide
25  evidence of compliance prior to taking action to suspend or
26  revoke the private school's participation in the scholarship
27  program.
28         (b)  The commissioner's determination is subject to the
29  following:
30         1.  If the commissioner intends to deny, suspend, or
31  revoke a private school's participation in the scholarship
                                  57
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  program, the department shall notify the private school of
 2  such proposed action in writing by certified mail and regular
 3  mail to the private school's address of record with the
 4  department. The notification shall include the reasons for the
 5  proposed action and notice of the timelines and procedures set
 6  forth in this paragraph.
 7         2.  The private school that is adversely affected by
 8  the proposed action shall have 15 days from receipt of the
 9  notice of proposed action to file with the department's agency
10  clerk a request for a proceeding pursuant to ss. 120.569 and
11  120.57. If the private school is entitled to a hearing under
12  s. 120.57(1), the department shall forward the request to the
13  Division of Administrative Hearings.
14         3.  Upon receipt of a request referred pursuant to this
15  paragraph, the director of the Division of Administrative
16  Hearings shall expedite the hearing and assign an
17  administrative law judge who shall commence a hearing within
18  30 days after the receipt of the formal written request by the
19  division and enter a recommended order within 30 days after
20  the hearing or within 30 days after receipt of the hearing
21  transcript, whichever is later. Each party shall be allowed 10
22  days in which to submit written exceptions to the recommended
23  order. A final order shall be entered by the agency within 30
24  days after the entry of a recommended order. The provisions of
25  this subparagraph may be waived upon stipulation by all
26  parties.
27         (c)  The commissioner may immediately suspend payment
28  of scholarship funds if it is determined that there is
29  probable cause to believe that there is:
30         1.  An imminent threat to the health, safety, or
31  welfare of the students; or
                                  58
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         2.  Fraudulent activity on the part of the private
 2  school. Notwithstanding s. 1002.22(3), in incidents of alleged
 3  fraudulent activity pursuant to this section, the Department
 4  of Education's Office of Inspector General is authorized to
 5  release personally identifiable records or reports of students
 6  to the following persons or organizations:
 7         a.  A court of competent jurisdiction in compliance
 8  with an order of that court or the attorney of record in
 9  accordance with a lawfully issued subpoena, consistent with
10  the Family Educational Rights and Privacy Act, 20 U.S.C. s.
11  1232g.
12         b.  A person or entity authorized by a court of
13  competent jurisdiction in compliance with an order of that
14  court or the attorney of record pursuant to a lawfully issued
15  subpoena, consistent with the Family Educational Rights and
16  Privacy Act, 20 U.S.C. s. 1232g.
17         c.  Any person, entity, or authority issuing a subpoena
18  for law enforcement purposes when the court or other issuing
19  agency has ordered that the existence or the contents of the
20  subpoena or the information furnished in response to the
21  subpoena not be disclosed, consistent with the Family
22  Educational Rights and Privacy Act, 20 U.S.C. s. 1232g, and 34
23  C.F.R. s. 99.31.
24  
25  The commissioner's order suspending payment pursuant to this
26  paragraph may be appealed pursuant to the same procedures and
27  timelines as the notice of proposed action set forth in
28  paragraph (b).
29         (8)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be
30  eligible to participate in the John M. McKay Scholarships for
31  
                                  59
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  Students with Disabilities Program, a private school may be
 2  sectarian or nonsectarian and must:
 3         (a)  Comply with all requirements for private schools
 4  participating in state school choice scholarship programs
 5  pursuant to s. 1002.421.
 6         (b)  Provide to the department all documentation
 7  required for a student's participation, including the private
 8  school's and student's fee schedules, at least 30 days before
 9  the first quarterly scholarship payment is made for the
10  student.
11         (c)  Be academically accountable to the parent for
12  meeting the educational needs of the student by:
13         1.  At a minimum, annually providing to the parent a
14  written explanation of the student's progress.
15         2.  Cooperating with the scholarship student whose
16  parent chooses to participate in the statewide assessments
17  pursuant to s. 1008.22.
18         (d)  Maintain in this state a physical location where a
19  scholarship student regularly attends classes.
20  
21  The inability of a private school to meet the requirements of
22  this subsection shall constitute a basis for the ineligibility
23  of the private school to participate in the scholarship
24  program as determined by the department.
25         (9)  PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
26  PARTICIPATION.--A parent who applies for a John M. McKay
27  Scholarship is exercising his or her parental option to place
28  his or her child in a private school.
29         (a)  The parent must select the private school and
30  apply for the admission of his or her child.
31  
                                  60
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         (b)  The parent must have requested the scholarship at
 2  least 60 days prior to the date of the first scholarship
 3  payment.
 4         (c)  Any student participating in the John M. McKay
 5  Scholarships for Students with Disabilities Program must
 6  remain in attendance throughout the school year unless excused
 7  by the school for illness or other good cause.
 8         (d)  Each parent and each student has an obligation to
 9  the private school to comply with the private school's
10  published policies.
11         (e)  If the parent requests that the student
12  participating in the John M. McKay Scholarships for Students
13  with Disabilities Program take all statewide assessments
14  required pursuant to s. 1008.22, the parent is responsible for
15  transporting the student to the assessment site designated by
16  the school district.
17         (f)  Upon receipt of a scholarship warrant, the parent
18  to whom the warrant is made must restrictively endorse the
19  warrant to the private school for deposit into the account of
20  the private school. The parent may not designate any entity or
21  individual associated with the participating private school as
22  the parent's attorney in fact to endorse a scholarship
23  warrant. A participant who fails to comply with this paragraph
24  forfeits the scholarship.
25         (10)  JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.--
26         (a)1.  The maximum scholarship granted for an eligible
27  student with disabilities shall be a calculated amount
28  equivalent to the base student allocation in the Florida
29  Education Finance Program multiplied by the appropriate cost
30  factor for the educational program that would have been
31  provided for the student in the district school to which he or
                                  61
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  she was assigned, multiplied by the district cost
 2  differential.
 3         2.  In addition, a share of the guaranteed allocation
 4  for exceptional students shall be determined and added to the
 5  calculated amount. The calculation shall be based on the
 6  methodology and the data used to calculate the guaranteed
 7  allocation for exceptional students for each district in
 8  chapter 2000-166, Laws of Florida. Except as provided in
 9  subparagraphs 3. and 4., the calculation shall be based on the
10  student's grade, matrix level of services, and the difference
11  between the 2000-2001 basic program and the appropriate level
12  of services cost factor, multiplied by the 2000-2001 base
13  student allocation and the 2000-2001 district cost
14  differential for the sending district. Also, the calculated
15  amount shall include the per-student share of supplemental
16  academic instruction funds, instructional materials funds,
17  technology funds, and other categorical funds as provided for
18  such purposes in the General Appropriations Act.
19         3.  The calculated scholarship amount for a student who
20  is eligible under subparagraph (2)(a)2. shall be calculated as
21  provided in subparagraphs 1. and 2. However, the calculation
22  shall be based on the school district in which the parent
23  resides at the time of the scholarship request.
24         4.  Until the school district completes the matrix
25  required by paragraph (5)(b), the calculation shall be based
26  on the matrix that assigns the student to support level I of
27  service as it existed prior to the 2000-2001 school year. When
28  the school district completes the matrix, the amount of the
29  payment shall be adjusted as needed.
30         (b)  The amount of the John M. McKay Scholarship shall
31  be the calculated amount or the amount of the private school's
                                  62
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  tuition and fees, whichever is less. The amount of any
 2  assessment fee required by the participating private school
 3  may be paid from the total amount of the scholarship.
 4         (c)1.  The school district shall report all students
 5  who are attending a private school under this program. The
 6  students with disabilities attending private schools on John
 7  M. McKay Scholarships shall be reported separately from other
 8  students reported for purposes of the Florida Education
 9  Finance Program.
10         2.  For program participants who are eligible under
11  subparagraph (2)(a)2., the school district that is used as the
12  basis for the calculation of the scholarship amount as
13  provided in subparagraph (a)3. shall:
14         a.  Report to the department all such students who are
15  attending a private school under this program.
16         b.  Be held harmless for such students from the
17  weighted enrollment ceiling for group 2 programs in s.
18  1011.62(1)(d)3.a. during the first school year in which the
19  students are reported.
20         (d)  Following notification on July 1, September 1,
21  December 1, or February 1 of the number of program
22  participants, the department shall transfer, from General
23  Revenue funds only, the amount calculated under paragraph (b)
24  from the school district's total funding entitlement under the
25  Florida Education Finance Program and from authorized
26  categorical accounts to a separate account for the scholarship
27  program for quarterly disbursement to the parents of
28  participating students. Funds may not be transferred from any
29  funding provided to the Florida School for the Deaf and the
30  Blind for program participants who are eligible under
31  subparagraph (2)(a)2. For a student exiting a Department of
                                  63
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1  Juvenile Justice commitment program who chooses to participate
 2  in the scholarship program, the amount of the John M. McKay
 3  Scholarship calculated pursuant to paragraph (b) shall be
 4  transferred from the school district in which the student last
 5  attended a public school prior to commitment to the Department
 6  of Juvenile Justice. When a student enters the scholarship
 7  program, the department must receive all documentation
 8  required for the student's participation, including the
 9  private school's and student's fee schedules, at least 30 days
10  before the first quarterly scholarship payment is made for the
11  student.
12         (e)  Upon notification by the department that it has
13  received the documentation required under paragraph (d), the
14  Chief Financial Officer shall make scholarship payments in
15  four equal amounts no later than September 1, November 1,
16  February 1, and April 1 of each academic year in which the
17  scholarship is in force. The initial payment shall be made
18  after department verification of admission acceptance, and
19  subsequent payments shall be made upon verification of
20  continued enrollment and attendance at the private school.
21  Payment must be by individual warrant made payable to the
22  student's parent and mailed by the department to the private
23  school of the parent's choice, and the parent shall
24  restrictively endorse the warrant to the private school for
25  deposit into the account of the private school.
26         (f)  Subsequent to each scholarship payment, the
27  department shall request from the Department of Financial
28  Services a sample of endorsed warrants to review and confirm
29  compliance with endorsement requirements.
30  
31  
                                  64
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1         (11)  LIABILITY.--No liability shall arise on the part
 2  of the state based on the award or use of a John M. McKay
 3  Scholarship.
 4         (12)  SCOPE OF AUTHORITY.--The inclusion of eligible
 5  private schools within options available to Florida public
 6  school students does not expand the regulatory authority of
 7  the state, its officers, or any school district to impose any
 8  additional regulation of private schools beyond those
 9  reasonably necessary to enforce requirements expressly set
10  forth in this section.
11         (13)  RULES.--The State Board of Education shall adopt
12  rules pursuant to ss. 120.536(1) and 120.54 to administer this
13  section, including rules that school districts must use to
14  expedite the development of a matrix of services based on an
15  active individual education plan from another state or a
16  foreign country for a transferring student with a disability
17  who is a dependent child of a member of the United States
18  Armed Forces. The rules must identify the appropriate school
19  district personnel who must complete the matrix of services.
20  For purposes of these rules, a transferring student with a
21  disability is one who was previously enrolled as a student
22  with a disability in an out-of-state or an out-of-country
23  public or private school or agency program and who is
24  transferring from out of state or from a foreign country
25  pursuant to a parent's permanent change of station orders.
26         Section 13.  This act shall take effect July 1, 2007.
27  
28  
29  
30  
31  
                                  65
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                           CS for SB 2380
    581-2374-07
 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2380
 3                                 
 4  The committee substitute provides that a student is not
    eligible to receive a scholarship under the new tax credit
 5  scholarship program in s. 220.1875, F.S., if he or she:
 6  -Receives a scholarship from another eligible nonprofit
    scholarship funding organization (SFO) or other educational
 7  scholarship under ch. 1002, F.S.;
 8  -Participates in a home education program;
 9  -Participates in a private tutoring program;
10  -Participates in a virtual school, correspondence school, or
    distance learning program that receives state funding for the
11  student unless the participation is limited to no more than
    two courses per school year; or
12  
    -Is currently enrolled in the Florida School for the Deaf and
13  the Blind.
14  The committee substitute:
15  -Requires state and national criminal history records checks
    under s. 435.04, F.S., for owners and operators of SFOs;
16  
    -Requires a new background screening every five years;
17  
    -Requires the Florida Department of Law Enforcement (FDLE) to
18  retain fingerprints and annually check the prints of certain
    SFO personnel against the statewide automated fingerprint
19  identification system;
20  -Requires SFOs to file their audits with the Auditor General
    and the Department of Education (DOE) within 180 days after
21  completion of the SFO's fiscal year;
22  -Requires SFOs to maintain separate accounts for scholarship
    funds and operating funds and to comply with federal
23  antidiscrimination requirements;
24  -Prohibits SFOs from providing scholarships when the owner or
    operator fails to meet the background screening requirements
25  or has filed for personal or corporate bankruptcy for a
    corporation in which the owner or operator held more than a 20
26  percent ownership interest;
27  -Prohibits SFOs from restricting or reserving scholarships for
    use at a particular private school or for a child of an owner
28  or operator;
29  -Prohibits SFOs from having an owner or operator who operates
    an eligible private school that is participating in the
30  scholarship program; and
31  -Requires SFOs to prepare and submit quarterly reports to the
    DOE.
                                  66
CODING: Words stricken are deletions; words underlined are additions.