SB 672                                           First Engrossed
    1                        A bill to be entitled                      
    2         An act relating to educational options; creating s.
    3         1004.6495, F.S.; providing a short title; providing
    4         purposes and legislative intent; defining terms;
    5         establishing student eligibility requirements for
    6         enrollment in the Florida Postsecondary Comprehensive
    7         Transition Program; requiring eligible institutions to
    8         make student eligibility determinations; establishing
    9         the Florida Center for Students with Unique Abilities;
   10         specifying the responsibilities of the center and the
   11         center director; specifying amounts of funds to be
   12         used for start-up and enhancement grants; specifying
   13         application requirements for initial approval and
   14         renewal of approval; requiring an eligible institution
   15         with an approved program to submit an annual report to
   16         the center by a specified date; establishing a Florida
   17         Postsecondary Comprehensive Transition Program
   18         Scholarship for certain qualified students; specifying
   19         requirements for a student to maintain scholarship
   20         eligibility; providing for the distribution of
   21         scholarship funds; requiring an eligible institution
   22         to report certain data and information to the center;
   23         requiring an eligible institution to certify and
   24         report the amount of funds disbursed and undisbursed
   25         advances to the center by a specified date; specifying
   26         the amount of the scholarship for eligible students;
   27         authorizing awards to be prorated under certain
   28         circumstances; requiring the center, with the Board of
   29         Governors and the State Board of Education, to
   30         identify program progress and performance indicators;
   31         requiring an annual report to the Legislature, the
   32         Chancellor of the State University System, and the
   33         Commissioner of Education by a specified date;
   34         requiring the center, in collaboration with the Board
   35         of Governors, State Board of Education, Higher
   36         Education Coordinating Council, and other
   37         stakeholders, to submit to the Governor and
   38         Legislature statutory and budgetary recommendations
   39         for the program; requiring the Board of Governors and
   40         the State Board of Education, in consultation with the
   41         center, to adopt regulations and rules; creating s.
   42         1011.78, F.S.; authorizing certain school districts
   43         and charter schools to be eligible to receive
   44         incentive payments for implementing a standard student
   45         attire policy that meets certain criteria; providing a
   46         short title and purpose; establishing the
   47         qualifications for such a payment; providing for
   48         funding, subject to availability in the General
   49         Appropriations Act; requiring the district school
   50         superintendent or charter school governing board to
   51         certify certain information to the commissioner by a
   52         specified date; providing for reversion of the funds
   53         under certain circumstances; providing immunity from
   54         civil liability to a school district board or charter
   55         school governing board that establishes a standard
   56         student attire policy; amending ss. 1001.43 and
   57         1002.33, F.S.; authorizing a district school board or
   58         charter school that implements a standard student
   59         attire policy to be eligible to receive incentive
   60         payments; amending s. 1002.385, F.S.; changing the
   61         name of the “Florida Personal Learning Scholarship
   62         Account Program” to the “Gardiner Scholarship
   63         Program”; revising terms for purposes of the Gardiner
   64         Scholarship Program; revising program eligibility
   65         criteria and program prohibitions for such
   66         scholarships; authorizing a parent to submit a
   67         specified document to receive scholarship funds before
   68         confirmed eligibility; requiring that authorized
   69         program funds be used to support the student’s
   70         educational needs; authorizing program funds to be
   71         spent for specified fees and services; revising the
   72         terms of the program; providing for the reversion of
   73         certain funds to the state; revising the obligations
   74         of school districts, parents, and the Department of
   75         Education with respect to the program; revising the
   76         authority of the Commissioner of Education to deny,
   77         suspend, or revoke certain program participation and
   78         use of program funds; specifying maximum periods for
   79         certain suspensions and revocations; authorizing the
   80         commissioner to recover program funds through certain
   81         means; revising information that must be provided for
   82         the program by scholarship-funding organizations and
   83         parents of applicants; specifying priority for
   84         participation in the program; revising funding and
   85         payment provisions for the program; requiring the
   86         Auditor General to provide the commissioner with
   87         program annual operational audits by a specified time;
   88         amending s. 1002.395, F.S.; prohibiting a scholarship
   89         funding organization from charging an application fee;
   90         deleting a requirement that certain fees be returned
   91         to the General Revenue Fund; providing for the
   92         transfer of contributions in excess of the amount that
   93         may be carried forward; revising the surety bond or
   94         letter of credit requirements for nonprofit
   95         scholarship-funding organizations submitting initial
   96         or renewal scholarship program participation
   97         applications; providing for the deposit of certain
   98         transferred funds by certain scholarship-funding
   99         organizations; requiring that certain deposited funds
  100         be separately disclosed; amending s. 1009.971, F.S.;
  101         revising the duties of the Florida Prepaid College
  102         Board; amending ss. 1009.98 and 1009.981, F.S.;
  103         providing implementation procedures for the Stanley G.
  104         Tate Florida Prepaid College Program and the Florida
  105         College Savings Program relating to plans purchased
  106         through the Gardiner Scholarship Programs; providing
  107         appropriations; providing an effective date.
  109  Be It Enacted by the Legislature of the State of Florida:
  111         Section 1. Section 1004.6495, Florida Statutes, is created
  112  to read:
  113         1004.6495 Florida Postsecondary Comprehensive Transition
  114  Program and Florida Center for Students with Unique Abilities.—
  115         (1) SHORT TITLE.—This section may be cited as the “Florida
  116  Postsecondary Comprehensive Transition Program Act.”
  117         (2) PURPOSE AND LEGISLATIVE INTENT.—The purpose of this
  118  section is to increase independent living, inclusive and
  119  experiential postsecondary education, and employment
  120  opportunities for students with intellectual disabilities
  121  through degree, certificate, or nondegree programs and to
  122  establish statewide coordination of the dissemination of
  123  information regarding programs and services for students with
  124  disabilities. It is the intent of the Legislature that students
  125  with intellectual disabilities and students with disabilities
  126  have access to meaningful postsecondary education credentials
  127  and be afforded the opportunity to have a meaningful campus
  128  experience.
  129         (3) DEFINITIONS.—As used in this section, the term:
  130         (a) “Center” means the Florida Center for Students with
  131  Unique Abilities established under subsection (5).
  132         (b) “Director” means the director of the center.
  133         (c) “Eligible institution” means a state university; a
  134  Florida College System institution; a career center; a charter
  135  technical career center; or an independent college or university
  136  that is located and chartered in this state, is not for profit,
  137  is accredited by the Commission on Colleges of the Southern
  138  Association of Colleges and Schools, and is eligible to
  139  participate in the William L. Boyd, IV, Florida Resident Access
  140  Grant Program.
  141         (d) “Florida Postsecondary Comprehensive Transition Program
  142  Scholarship” or “scholarship” means the scholarship established
  143  under this section to provide state financial assistance awards
  144  to students who meet the student eligibility requirements
  145  specified in subsection (4) and are enrolled in an FPCTP.
  146         (e) “FPCTP” means a Florida Postsecondary Comprehensive
  147  Transition Program that is approved pursuant to paragraph (5)(c)
  148  and offered by an eligible institution.
  149         (f) “Transitional student” means a student who is 18 to 26
  150  years of age and meets the student eligibility requirements
  151  specified in subsection (4).
  152         (4) STUDENT ELIGIBILITY.—To be eligible to enroll in an
  153  FPCTP at an eligible institution, a student must, as determined
  154  by the institution, based on guidelines established by the
  155  center:
  156         (a) Be a “student with an intellectual disability” as that
  157  term is defined in 20 U.S.C. s. 1140(2), including, but not
  158  limited to, a transitional student.
  159         (b) Physically attend the eligible institution.
  160         (c) Submit to the eligible institution documentation
  161  regarding his or her intellectual disability. Such documentation
  162  may include, but need not be limited to, a current
  163  individualized plan for employment associated with a review
  164  completed pursuant to s. 413.20(3) or a diagnosis from a
  165  physician who is licensed under chapter 458 or chapter 459 or a
  166  psychologist licensed under chapter 490.
  167         (5) CENTER RESPONSIBILITIES.—The Florida Center for
  168  Students with Unique Abilities is established within the
  169  University of Central Florida. At a minimum, the center shall:
  170         (a) Disseminate information to students with disabilities
  171  and their parents, including, but not limited to:
  172         1. Education programs, services, and resources that are
  173  available at eligible institutions.
  174         2. Supports, accommodations, technical assistance, or
  175  training provided by eligible institutions, the advisory council
  176  established pursuant to s. 383.141, and regional autism centers
  177  established pursuant to s. 1004.55.
  178         3. Mentoring, networking, and employment opportunities.
  179         (b) Coordinate, facilitate, and oversee the statewide
  180  implementation of this section. At a minimum, the director
  181  shall:
  182         1. Consult and collaborate with the National Center and the
  183  Coordinating Center, as identified in 20 U.S.C. s. 1140q,
  184  regarding guidelines established by the center for the effective
  185  implementation of the programs for students with disabilities
  186  and for students with intellectual disabilities which align with
  187  the federal requirements and with standards, quality indicators,
  188  and benchmarks identified by the National Center and the
  189  Coordinating Center.
  190         2. Consult and collaborate with the Higher Education
  191  Coordinating Council to identify meaningful credentials for
  192  FPCTPs and to engage businesses and stakeholders to promote
  193  experiential training and employment opportunities for students
  194  with intellectual disabilities.
  195         3. Establish requirements and timelines for the:
  196         a. Submission and review of an application.
  197         b. Approval or disapproval of an initial or renewal
  198  application.
  199         c. Implementation of an FPCTP, which must begin no later
  200  than the academic year immediately following the academic year
  201  during which the approval is granted.
  202         4. Administer scholarship funds.
  203         5. Administer FPCTP start-up and enhancement grants. From
  204  funds appropriated in the 2016-2017 fiscal year for the FPCTP,
  205  $3 million shall be used for such grants. Thereafter, funds
  206  appropriated for the FPCTP may only be used for such grants if
  207  specifically authorized in the General Appropriations Act. The
  208  maximum annual start-up and enhancement grant award shall be
  209  $300,000 per institution.
  210         6. Report on the implementation and administration of this
  211  section by planning, advising, and evaluating approved degree,
  212  certificate, and nondegree programs and the performance of
  213  students and programs pursuant to subsection (8).
  214         (c) Create the application for the initial approval and
  215  renewal of approval as an FPCTP for use by an eligible
  216  institution which, at a minimum, must align with the federal
  217  comprehensive transition and postsecondary program application
  218  requirements. Notwithstanding the program approval requirements
  219  of s. 1004.03, the director shall review applications for the
  220  initial approval of an application for, or renewal of approval
  221  of, an FPCTP.
  222         1. Within 30 days after receipt of an application, the
  223  director shall issue his or her recommendation regarding
  224  approval to the Chancellor of the State University System or the
  225  Commissioner of Education, as applicable, or shall give written
  226  notice to the applicant of any deficiencies in the application,
  227  which the eligible institution must be given an opportunity to
  228  correct. Within 15 days after receipt of a notice of
  229  deficiencies, an eligible institution that chooses to continue
  230  to seek program approval shall correct the application
  231  deficiencies and return the application to the center. Within 30
  232  days after receipt of a revised application, the director shall
  233  recommend approval or disapproval of the revised application to
  234  the chancellor or the commissioner, as applicable. Within 15
  235  days after receipt of the director’s recommendation, the
  236  chancellor or the commissioner shall approve or disapprove the
  237  recommendation. If the chancellor or the commissioner does not
  238  act on the director’s recommendation within 15 days after
  239  receipt of such recommendation, the comprehensive transition
  240  program proposed by the institution shall be considered
  241  approved.
  242         2. Initial approval of an application for an FPCTP that
  243  meets the requirements of this section is valid for the 3
  244  academic years immediately following the academic year during
  245  which the approval is granted. An eligible institution may
  246  submit an application to the center requesting that the initial
  247  approval be renewed. If the approval is granted and the FPCTP
  248  continues to meet the requirements of this section, including,
  249  but not limited to, program and student performance outcomes,
  250  and federal requirements, a renewal is valid for the 5 academic
  251  years immediately following the academic year during which the
  252  renewal is granted.
  253         3. An application must, at a minimum:
  254         a. Identify a credential associated with the proposed
  255  program which will be awarded to eligible students upon
  256  completion of the FPCTP.
  257         b. Outline the program length and design, including, at a
  258  minimum, inclusive and successful experiential education
  259  practices relating to curricular, assessment, and advising
  260  structure and internship and employment opportunities, which
  261  must support students with intellectual disabilities who are
  262  seeking to continue academic, career and technical, and
  263  independent living instruction at an eligible institution,
  264  including, but not limited to, opportunities to earn industry
  265  certifications, to prepare students for gainful employment. If
  266  an eligible institution offers a credit-bearing degree program,
  267  the institution is responsible for maintaining the rigor and
  268  effectiveness of a comprehensive transition degree program at
  269  the same level as other comparable degree programs offered by
  270  the institution pursuant to applicable accreditation standards.
  271         c. Outline a plan for students with intellectual
  272  disabilities to be integrated socially and academically with
  273  nondisabled students, to the maximum extent possible, and to
  274  participate on not less than a half-time basis, as determined by
  275  the eligible institution, with such participation focusing on
  276  academic components and occurring through one or more of the
  277  following activities with nondisabled students:
  278         (I) Regular enrollment in credit-bearing courses offered by
  279  the institution.
  280         (II) Auditing or participating in courses offered by the
  281  institution for which the student does not receive academic
  282  credit.
  283         (III) Enrollment in noncredit-bearing, nondegree courses.
  284         (IV) Participation in internships or work-based training.
  285         d. Outline a plan for partnerships with businesses to
  286  promote experiential training and employment opportunities for
  287  students with intellectual disabilities.
  288         e. Identify performance indicators pursuant to subsection
  289  (8) and other requirements identified by the center.
  290         f. Outline a 5-year plan incorporating enrollment and
  291  operational expectations for the program.
  292         (d) Provide technical assistance regarding programs and
  293  services for students with intellectual disabilities to
  294  administrators, instructors, staff, and others, as applicable,
  295  at eligible institutions by:
  296         1. Holding meetings and annual workshops to share
  297  successful practices and to address issues or concerns.
  298         2. Facilitating collaboration between eligible institutions
  299  and school districts, private schools operating pursuant to s.
  300  1002.42, and parents of students enrolled in home education
  301  programs operating pursuant to s. 1002.41 in assisting students
  302  with intellectual disabilities and their parents to plan for the
  303  transition of such students into an FPCTP or another program at
  304  an eligible institution.
  305         3. Assisting eligible institutions with FPCTP and federal
  306  comprehensive transition and postsecondary program applications.
  307         4. Assisting eligible institutions with the identification
  308  of funding sources for an FPCTP and for student financial
  309  assistance for students enrolled in an FPCTP.
  310         5. Monitoring federal and state law relating to the
  311  comprehensive transition program and notifying the Legislature,
  312  the Governor, the Board of Governors, and the State Board of
  313  Education of any change in law which may impact the
  314  implementation of this section.
  316         (a) To offer an FPCTP, the president or executive director
  317  of an eligible institution, as applicable, must submit to the
  318  center, by a date established by the center, the following:
  319         1. An application for approval of a comprehensive
  320  transition program proposed by the eligible institution, which
  321  must be approved by the institution’s governing board and must
  322  address the requirements of the federal comprehensive transition
  323  and postsecondary program under 20 U.S.C. s. 1140 and the
  324  requirements of this section.
  325         2. Documented evidence that the institution currently
  326  offers a federally approved comprehensive transition and
  327  postsecondary program that is eligible for federal student aid
  328  programs, documented evidence of the submission of an
  329  application for such federal approval of a program proposed by
  330  the institution, or documentation demonstrating the commitment
  331  of the institution’s governing board to submit an application
  332  within the subsequent academic year for federal approval of a
  333  program pursuant to 20 U.S.C. s. 1140.
  334         (b) An eligible institution may submit an application to
  335  the center for approval pursuant to the requirements of this
  336  section for implementation of the FPCTP no later than the
  337  academic year immediately following the academic year during
  338  which the approval is granted. An eligible institution must
  339  submit a renewal application to the center no later than 3 years
  340  following the year during which the approval is initially
  341  granted.
  342         (c) By August 1 of each year, an eligible institution that
  343  has an FPCTP shall submit an annual report to the center which,
  344  at a minimum, for the prior academic year, addresses the
  345  following performance indicators:
  346         1. Efforts to recruit students in the FPCTP and the number
  347  of students enrolled in the program.
  348         2. Efforts to retain students in the FPCTP and the
  349  retention rate of students in the program.
  350         3. The completion rate of students enrolled in the FPCTP
  351  and related courses, as applicable.
  352         4. Transition success of students who complete the FPCTP,
  353  as measured by employment rates and salary levels at 1 year and
  354  5 years after completion.
  355         5. Other performance indicators identified by the center
  356  pursuant to subsection (8).
  357         (d) An eligible institution shall notify students with
  358  intellectual disabilities and their parents of the student
  359  eligibility requirements specified in subsection (4) and the
  360  scholarship requirements and eligibility requirements specified
  361  in subsection (7).
  364         (a) Beginning in the 2016-2017 academic year, the Florida
  365  Postsecondary Comprehensive Transition Program Scholarship is
  366  established for students who meet the student eligibility
  367  requirements specified in subsection (4), are enrolled in an
  368  FPCTP, and are not receiving services that are funded through
  369  the Florida Education Finance Program or a scholarship under
  370  part III of chapter 1002.
  371         (b) To maintain eligibility to receive a scholarship, a
  372  student must continue to meet the requirements of paragraph (a)
  373  and must demonstrate satisfactory academic progress in the
  374  FPCTP, as determined by the eligible institution that the
  375  student attends, based on the indicators identified by the
  376  center pursuant to subsection (8).
  377         (c) Payment of scholarship funds shall be transmitted to
  378  the director of the center or his or her designee in advance of
  379  the registration period. The director or his or her designee
  380  shall disburse the scholarship funds to the eligible
  381  institutions that are responsible for awarding the scholarship
  382  to students who meet the requirements of paragraphs (a) and (b).
  383         (d) During each academic term, by a date established by the
  384  center, an eligible institution shall report to the center the
  385  number and value of all scholarships awarded under this
  386  subsection. Each eligible institution shall also report to the
  387  center necessary demographic and eligibility data and other data
  388  requested by the center for students who received the
  389  scholarship awards.
  390         (e) By a date annually established by the center, each
  391  eligible institution shall certify to the center the amount of
  392  funds disbursed to each student and shall remit to the center
  393  any undisbursed advances by June 1 of each year.
  394         (f) For the 2016-2017 academic year, the amount of the
  395  annual scholarship shall be $7,000 for each student who meets
  396  the eligibility requirements of subsection (4). Beginning in the
  397  2017-2018 fiscal year, the funding for the program and the
  398  annual amount of the scholarship to be provided to a student who
  399  meets the eligibility requirements of subsection (4) shall be
  400  the amounts specified in the General Appropriations Act. If
  401  appropriated funds in any fiscal year are not adequate to
  402  provide the maximum allowable award to each eligible student,
  403  the awards may be prorated.
  404         (8) ACCOUNTABILITY.—
  405         (a) The center, in collaboration with the Board of
  406  Governors and the State Board of Education, shall identify
  407  indicators for the satisfactory progress of a student in an
  408  FPCTP and for the performance of such programs. Each eligible
  409  institution must address the indicators identified by the center
  410  in its application for the approval of a proposed program and
  411  for the renewal of an FPCTP and in the annual report that the
  412  institution submits to the center.
  413         (b) By October 1 of each year, the center shall provide to
  414  the Governor, the President of the Senate, the Speaker of the
  415  House of Representatives, the Chancellor of the State University
  416  System, and the Commissioner of Education a report summarizing
  417  information including, but not limited to:
  418         1. The status of the statewide coordination of FPCTPs and
  419  the implementation of FPCTPs at eligible institutions including,
  420  but not limited to:
  421         a. The number of applications approved and disapproved and
  422  the reasons for each disapproval and no action taken by the
  423  chancellor or the commissioner.
  424         b. The number and value of all scholarships awarded to
  425  students and undisbursed advances remitted to the center
  426  pursuant to subsection (7).
  427         2. Indicators identified by the center pursuant to
  428  paragraph (a) and the performance of each eligible institution
  429  based on the indicators identified in paragraph (6)(c).
  430         3. The projected number of students with intellectual
  431  disabilities who may be eligible to enroll in the FPCTPs within
  432  the next academic year.
  433         4. Education programs and services for students with
  434  intellectual disabilities which are available at eligible
  435  institutions.
  436         (c) Beginning in the 2016-2017 fiscal year, the center, in
  437  collaboration with the Board of Governors, State Board of
  438  Education, Higher Education Coordinating Council, and other
  439  stakeholders, by December 1 of each year, shall submit to the
  440  Governor, the President of the Senate, and the Speaker of the
  441  House of Representatives statutory and budget recommendations
  442  for improving the implementation and delivery of FPCTPs and
  443  other education programs and services for students with
  444  disabilities.
  445         (9) RULES.—The Board of Governors and the State Board of
  446  Education, in consultation with the center, shall expeditiously
  447  adopt any necessary regulations and rules, as applicable, to
  448  allow the center to perform its responsibilities pursuant to
  449  this section beginning in the 2016-2017 fiscal year.
  450         Section 2. Section 1011.78, Florida Statutes, is created to
  451  read:
  452         1011.78 Standard student attire incentive payments.—There
  453  is created an incentive payment for school districts and charter
  454  schools that implement a standard student attire policy for all
  455  students in kindergarten through grade 8 in accordance with this
  456  section.
  457         (1) SHORT TITLE.—This section may be cited as the “Students
  458  Attired for Education (SAFE) Act.”
  459         (2) PURPOSE.—The purpose of a standard student attire
  460  policy is to provide a safe environment for students which
  461  fosters learning and improves school safety and discipline by:
  462         (a) Encouraging students to express their individuality
  463  through personality and academic achievements, rather than
  464  outward appearance.
  465         (b) Enabling students to focus on academics, rather than
  466  fashion, because they are able to convey a neat, serious, and
  467  studious image.
  468         (c) Minimizing disciplinary problems because students are
  469  not distracted by clothing.
  470         (d) Reducing the time needed to correct dress code
  471  violations through a readily available inventory of compliant
  472  attire.
  473         (e) Minimizing visible differences between students and
  474  eliminating social pressures to wear brand-name clothing or
  475  colors to show gang affiliation, thereby easing financial
  476  pressures on parents and enhancing school safety.
  477         (f) Creating a sense of school pride and belonging.
  478         (3) QUALIFICATIONS.—To qualify for the incentive payment, a
  479  school district or charter school must, at a minimum, implement
  480  a standard attire policy that:
  481         (a) Applies to all students in kindergarten through grade 8
  482  in the school district or charter school, regardless of
  483  individual school grade configurations.
  484         (b) Prohibits certain types or styles of clothing and
  485  requires solid-colored clothing and fabrics for pants, skirts,
  486  shorts, or similar clothing and short- or long-sleeved shirts
  487  with collars.
  488         (c) Allows reasonable accommodations based on a student’s
  489  religion, disability, or medical condition.
  490         (4) AWARD.—Subject to the appropriation of funds by the
  491  Legislature, a qualified school district or charter school shall
  492  receive an annual award of not less than $10 per student in
  493  kindergarten through grade 8, as specified in the General
  494  Appropriations Act. Before the release of funds, but no later
  495  than September 1 of each year, the district school
  496  superintendent or the charter school governing board shall
  497  certify to the commissioner that the school district or charter
  498  school has implemented a districtwide or schoolwide standard
  499  student attire policy, respectively, in accordance with this
  500  section. A charter school may also qualify by participating in
  501  its sponsor’s qualifying policy. The commissioner shall make
  502  payment of awards to school districts and charter schools in the
  503  order in which certifications are received. As of June 30 of
  504  each year, any funds provided pursuant to this section that have
  505  not been disbursed to qualified school districts and charter
  506  schools revert to the fund from which they were appropriated
  507  pursuant to s. 216.301.
  508         (5) IMMUNITY.—A district school board or governing board of
  509  a charter school that implements a districtwide or schoolwide
  510  standard student attire policy, respectively, is immune from
  511  civil liability resulting from adoption of the policy in
  512  accordance with this section.
  513         Section 3. Paragraph (b) of subsection (1) of section
  514  1001.43, Florida Statutes, is amended to read:
  515         1001.43 Supplemental powers and duties of district school
  516  board.—The district school board may exercise the following
  517  supplemental powers and duties as authorized by this code or
  518  State Board of Education rule.
  519         (1) STUDENT MANAGEMENT.—The district school board may adopt
  520  programs and policies to ensure the safety and welfare of
  521  individuals, the student body, and school personnel, which
  522  programs and policies may:
  523         (b) Require uniforms to be worn by the student body, or
  524  impose other dress-related requirements, if the district school
  525  board finds that those requirements are necessary for the safety
  526  or welfare of the student body or school personnel. However,
  527  students may wear sunglasses, hats, or other sun-protective wear
  528  while outdoors during school hours, such as when students are at
  529  recess. A district school board that implements a districtwide
  530  standard student attire policy pursuant to s. 1011.78 is
  531  eligible to receive incentive payments.
  532         Section 4. Paragraph (g) is added to subsection (17) of
  533  section 1002.33, Florida Statutes, to read:
  534         1002.33 Charter schools.—
  535         (17) FUNDING.—Students enrolled in a charter school,
  536  regardless of the sponsorship, shall be funded as if they are in
  537  a basic program or a special program, the same as students
  538  enrolled in other public schools in the school district. Funding
  539  for a charter lab school shall be as provided in s. 1002.32.
  540         (g) A charter school that implements a schoolwide standard
  541  student attire policy pursuant to s. 1011.78 is eligible to
  542  receive incentive payments.
  543         Section 5. Section 1002.385, Florida Statutes, is amended
  544  to read:
  545         1002.385 The Gardiner Scholarship Florida personal learning
  546  scholarship accounts.—
  547         (1) ESTABLISHMENT OF PROGRAM.—The Gardiner Scholarship
  548  Florida Personal Learning Scholarship Accounts Program is
  549  established to provide the option for a parent to better meet
  550  the individual educational needs of his or her eligible child.
  551  All written explanatory materials, state websites, scholarship
  552  organization materials, letters to parents, scholarship
  553  agreements, and any other information describing this program to
  554  the public shall refer to a scholarship under the program as the
  555  “Gardiner Scholarship.”
  556         (2) DEFINITIONS.—As used in this section, the term:
  557         (a) “Approved provider” means a provider approved by the
  558  Agency for Persons with Disabilities, a health care practitioner
  559  as defined in s. 456.001(4), or a provider approved by the
  560  department pursuant to s. 1002.66.
  561         (b) “Curriculum” means a complete course of study for a
  562  particular content area or grade level, including any required
  563  supplemental materials and associated online instruction.
  564         (c) “Department” means the Department of Education.
  565         (d) “Disability” means, for a 3- or 4-year-old child or for
  566  a student in kindergarten to grade 12, autism spectrum disorder,
  567  as defined in the Diagnostic and Statistical Manual of Mental
  568  Disorders, Fifth Edition, published by the American Psychiatric
  569  Association s. 393.063(3); cerebral palsy, as defined in s.
  570  393.063(4); Down syndrome, as defined in s. 393.063(13); an
  571  intellectual disability, as defined in s. 393.063(21); Prader
  572  Willi syndrome, as defined in s. 393.063(25); or spina bifida,
  573  as defined in s. 393.063(36); for a student in kindergarten,
  574  being a high-risk child, as defined in s. 393.063(20)(a);
  575  muscular dystrophy; and Williams syndrome.
  576         (e) “Eligible nonprofit scholarship-funding organization”
  577  or “organization” means a nonprofit scholarship-funding
  578  organization that is approved pursuant to s. 1002.395(16) has
  579  the same meaning as in s. 1002.395.
  580         (f) “Eligible postsecondary educational institution” means
  581  a Florida College System institution;, a state university;, a
  582  school district technical center;, a school district adult
  583  general education center; an independent college or university
  584  that is eligible to participate in the William L. Boyd, IV,
  585  Florida Resident Access Grant Program under s. 1009.89;, or an
  586  accredited independent nonpublic postsecondary educational
  587  institution, as defined in s. 1005.02, which is licensed to
  588  operate in the state pursuant to requirements specified in part
  589  III of chapter 1005.
  590         (g) “Eligible private school” means a private school, as
  591  defined in s. 1002.01, which is located in this state, which
  592  offers an education to students in any grade from kindergarten
  593  to grade 12, and which meets the requirements of:
  594         1. Sections 1002.42 and 1002.421; and
  595         2. A scholarship program under s. 1002.39 or s. 1002.395,
  596  as applicable, if the private school participates in a
  597  scholarship program under s. 1002.39 or s. 1002.395.
  598         (h) “IEP” means individual education plan.
  599         (i) “Parent” means a resident of this state who is a
  600  parent, as defined in s. 1000.21.
  601         (j) “Program” means the Gardiner Scholarship Florida
  602  Personal Learning Scholarship Accounts Program established in
  603  this section.
  604         (3) PROGRAM ELIGIBILITY.—A parent of a student with a
  605  disability may request and receive from the state a Gardiner
  606  Scholarship Florida personal learning scholarship account for
  607  the purposes specified in subsection (5) if:
  608         (a) The student:
  609         1. Is a resident of this state;
  610         2. Is 3 or 4 years of age on or before September 1 of the
  611  year in which the student applies for program participation or
  612  is eligible to enroll in kindergarten through grade 12 in a
  613  public school in this state;
  614         3. Has a disability as defined in paragraph (2)(d); and
  615         4. Is the subject of an IEP written in accordance with
  616  rules of the State Board of Education or has received a
  617  diagnosis of a disability as defined in subsection (2) from a
  618  physician who is licensed under chapter 458 or chapter 459 or a
  619  psychologist who is licensed under chapter 490 in this state.
  620         (b) Beginning January 2015, The parent has applied to an
  621  eligible nonprofit scholarship-funding organization to
  622  participate in the program by February 1 before the school year
  623  in which the student will participate or an alternative date as
  624  set by the organization for any vacant, funded slots. The
  625  request must be communicated directly to the organization in a
  626  manner that creates a written or electronic record of the
  627  request and the date of receipt of the request. In addition to
  628  the application and any documentation required by the
  629  organization or by State Board of Education rule, the parent may
  630  submit a final verification document pursuant to this paragraph
  631  to receive scholarship funds in the student’s account before the
  632  department confirms program eligibility pursuant to paragraph
  633  (9)(e). The final verification document must consist of one of
  634  the following items applicable to the student:
  635         1. A completed withdrawal form from the school district, if
  636  the student was enrolled in a public school before the
  637  determination of program eligibility.
  638         2. A letter of admission or enrollment from an eligible
  639  private school for the fiscal year in which the student wishes
  640  to participate and, if applicable, a copy of the notification
  641  from the private school that the student has withdrawn from the
  642  John M. McKay Scholarships for Students with Disabilities
  643  Program or the Florida Tax Credit Scholarship Program.
  644         3. A copy of the notice of the parent’s intent to establish
  645  and maintain a home education program required by s.
  646  1002.41(1)(a) or the annual educational evaluation of the
  647  student in a home education program, which is required by s.
  648  1002.41(2) The organization shall notify the district and the
  649  department of the parent’s intent upon receipt of the parent’s
  650  request.
  651         (4) PROGRAM PROHIBITIONS.—
  652         (a) A student is not eligible for the program if while he
  653  or she is:
  654         (a)1. Enrolled in a public school, including, but not
  655  limited to, the Florida School for the Deaf and the Blind; the
  656  Florida Virtual School; the College-Preparatory Boarding
  657  Academy; a developmental research school authorized under s.
  658  1002.32; a charter school authorized under s. 1002.33, s.
  659  1002.331, or s. 1002.332; or a virtual education program
  660  authorized under s. 1002.45. For purposes of this paragraph, a
  661  3- or 4-year-old child who receives services funded through the
  662  Florida Education Finance Program is considered to be a student
  663  enrolled in a public school. Funding provided under this section
  664  for a child eligible for enrollment in the Voluntary
  665  Prekindergarten Education Program shall constitute funding for
  666  the child under part V of this chapter, and no additional
  667  funding shall be provided for the child under part V.;
  668         (b)2. Enrolled in a school operating for the purpose of
  669  providing educational services to youth in the Department of
  670  Juvenile Justice commitment programs.;
  671         (c)3. Receiving a scholarship pursuant to the Florida Tax
  672  Credit Scholarship Program under s. 1002.395 or the John M.
  673  McKay Scholarships for Students with Disabilities Program under
  674  s. 1002.39.; or
  675         (d)4. Receiving any other educational scholarship pursuant
  676  to this chapter.
  677         (b) A student is not eligible for the program if:
  678         1. The student or student’s parent has accepted any
  679  payment, refund, or rebate, in any manner, from a provider of
  680  any services received pursuant to subsection (5);
  681         2. The student’s participation in the program has been
  682  denied or revoked by the commissioner of Education pursuant to
  683  subsection (10); or
  684         3. The student’s parent has forfeited participation in the
  685  program for failure to comply with requirements pursuant to
  686  subsection (11).
  687         (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be
  688  used to meet the individual educational needs of an eligible
  689  student and may be spent for the following purposes:
  690         (a) Instructional materials, including digital devices,
  691  digital periphery devices, and assistive technology devices that
  692  allow a student to access instruction or instructional content
  693  and training on the use of and maintenance agreements for these
  694  devices.
  695         (b) Curriculum as defined in paragraph (2)(b).
  696         (c) Specialized services by approved providers that are
  697  selected by the parent. These specialized services may include,
  698  but are not limited to:
  699         1. Applied behavior analysis services as provided in ss.
  700  627.6686 and 641.31098.
  701         2. Services provided by speech-language pathologists as
  702  defined in s. 468.1125.
  703         3. Occupational therapy services as defined in s. 468.203.
  704         4. Services provided by physical therapists as defined in
  705  s. 486.021.
  706         5. Services provided by listening and spoken language
  707  specialists and an appropriate acoustical environment for a
  708  child who is deaf or hard of hearing and who has received an
  709  implant or assistive hearing device.
  710         (d) Enrollment in, or tuition or fees associated with
  711  enrollment in, a home education program, an eligible private
  712  school, an eligible postsecondary educational institution or a
  713  program offered by the institution, a private tutoring program
  714  authorized under s. 1002.43, a virtual program offered by a
  715  department-approved private online provider that meets the
  716  provider qualifications specified in s. 1002.45(2)(a), the
  717  Florida Virtual School as a private paying student, or an
  718  approved online course offered pursuant to s. 1003.499 or s.
  719  1004.0961.
  720         (e) Fees for nationally standardized, norm-referenced
  721  achievement tests, Advanced Placement Examinations, industry
  722  certification examinations, assessments related to postsecondary
  723  education, or other assessments.
  724         (f) Contributions to the Stanley G. Tate Florida Prepaid
  725  College Program pursuant to s. 1009.98 or the Florida College
  726  Savings Program pursuant to s. 1009.981, for the benefit of the
  727  eligible student.
  728         (g) Contracted services provided by a public school or
  729  school district, including classes. A student who receives
  730  services under a contract under this paragraph is not considered
  731  enrolled in a public school for eligibility purposes as
  732  specified in subsection (4).
  733         (h) Tuition and fees for part-time tutoring services
  734  provided by a person who holds a valid Florida educator’s
  735  certificate pursuant to s. 1012.56; a person who holds an
  736  adjunct teaching certificate pursuant to s. 1012.57; or a person
  737  who has demonstrated a mastery of subject area knowledge
  738  pursuant to s. 1012.56(5). As used in this paragraph, the term
  739  “part-time tutoring services” does not qualify as regular school
  740  attendance as defined in s. 1003.01(13)(e).
  741         (i) Fees for specialized summer education programs.
  742         (j) Fees for specialized after-school education programs.
  743         (k) Transition services provided by job coaches.
  744         (l) Fees for an annual evaluation of educational progress
  745  by a state-certified teacher under s. 1002.41(1)(c), if this
  746  option is chosen for a home education student.
  747         (m) Tuition and fees associated with programs offered by
  748  Voluntary Prekindergarten Education Program providers approved
  749  pursuant to s. 1002.55 and school readiness providers approved
  750  pursuant to s. 1002.88.
  752  A provider of any services specialized service provider,
  753  eligible private school, eligible postsecondary educational
  754  institution, private tutoring program provider, online or
  755  virtual program provider, public school, school district, or
  756  other entity receiving payments pursuant to this subsection may
  757  not share, refund, or rebate any moneys from the Gardiner
  758  Scholarship Florida personal learning scholarship account with
  759  the parent or participating student in any manner.
  760         (6) TERM OF THE PROGRAM.—For purposes of continuity of
  761  educational choice and program integrity:,
  762         (a)1.The Program payments made by the state to an
  763  organization for a Gardiner Scholarship under this section shall
  764  continue remain in force until:
  765         a. The parent does not renew program eligibility;
  766         b. The organization determines that the student is not
  767  eligible for program renewal;
  768         c. The Commissioner of Education suspends or revokes
  769  program participation or use of funds;
  770         d. The student’s parent has forfeited participation in the
  771  program for failure to comply with subsection (11);
  772         e. The student enrolls in a public school; or
  773         f. The student graduates from high school or attains 22
  774  years of age, whichever occurs first a student participating in
  775  the program participates in any of the prohibited activities
  776  specified in subsection (4), has funds revoked by the
  777  Commissioner of Education pursuant to subsection (10), returns
  778  to a public school, graduates from high school, or attains 22
  779  years of age, whichever occurs first. A participating student
  780  who enrolls in a public school or public school program is
  781  considered to have returned to a public school for the purpose
  782  of determining the end of the program’s term.
  783         2. Reimbursements for program expenditures may continue
  784  until the account balance is expended or the account is closed
  785  pursuant to paragraph (b).
  786         (b)1. A student’s scholarship account must be closed and
  787  any remaining funds, including, but not limited to,
  788  contributions made to the Stanley G. Tate Florida Prepaid
  789  College Program or earnings from or contributions made to the
  790  Florida College Savings Program using program funds pursuant to
  791  paragraph (5)(f), shall revert to the state upon:
  792         a. Denial or revocation of program eligibility by the
  793  commissioner for fraud or abuse, including, but not limited to,
  794  the student or student’s parent accepting any payment, refund,
  795  or rebate, in any manner, from a provider of any services
  796  received pursuant to subsection (5); or
  797         b. After any period of 3 consecutive years after high
  798  school completion or graduation during which the student has not
  799  been enrolled in an eligible postsecondary educational
  800  institution or a program offered by the institution.
  801         2. The commissioner must notify the parent and the
  802  organization when a Gardiner Scholarship account is closed and
  803  program funds revert to the state.
  805         (a)1. The parent of For a student with a disability who
  806  does not have an IEP in accordance with subparagraph (3)(a)4. or
  807  who seeks a reevaluation of an existing IEP may request an IEP
  808  meeting and evaluation from the school district in order to
  809  obtain or revise a matrix of services. The school district shall
  810  notify a parent who has made a request for an IEP that the
  811  district is required to complete the IEP and matrix of services
  812  within 30 days after receiving notice of the parent’s request.
  813  The school district shall conduct a meeting and develop an IEP
  814  and a matrix of services within 30 days after receipt of the
  815  parent’s request in accordance with State Board of Education
  816  rules. a matrix of services under s. 1011.62(1)(e) and for whom
  817  the parent requests a matrix of services, The school district
  818  must complete a matrix that assigns the student to one of the
  819  levels of service as they existed before the 2000-2001 school
  820  year.
  821         2.a. Within 10 school days after a school district receives
  822  notification of a parent’s request for completion of a matrix of
  823  services, the school district must notify the student’s parent
  824  if the matrix of services has not been completed and inform the
  825  parent that the district is required to complete the matrix
  826  within 30 days after receiving notice of the parent’s request
  827  for the matrix of services. This notice must include the
  828  required completion date for the matrix.
  829         b. The school district shall complete the matrix of
  830  services for a student whose parent has made a request. The
  831  school district must provide the student’s parent and the
  832  department with the student’s matrix level within 10 calendar
  833  school days after its completion.
  834         b.c. The department shall notify the parent and the
  835  eligible nonprofit scholarship-funding organization of the
  836  amount of the funds awarded within 10 days after receiving the
  837  school district’s notification of the student’s matrix level.
  838         c.d. A school district may change a matrix of services only
  839  if the change is a result of an IEP reevaluation or to correct a
  840  technical, typographical, or calculation error.
  841         (b) For each student participating in the program who
  842  chooses to participate in statewide, standardized assessments
  843  under s. 1008.22 or the Florida Alternate Assessment, the school
  844  district in which the student resides must notify the student
  845  and his or her parent about the locations and times to take all
  846  statewide, standardized assessments.
  847         (c) For each student participating in the program, a school
  848  district shall notify the parent about the availability of a
  849  reevaluation at least every 3 years.
  851  private school may be sectarian or nonsectarian and shall:
  852         (a) Comply with all requirements for private schools
  853  participating in state school choice scholarship programs
  854  pursuant to s. 1002.421.
  855         (b) Provide to the eligible nonprofit scholarship-funding
  856  organization, upon request, all documentation required for the
  857  student’s participation, including the private school’s and
  858  student’s fee schedules.
  859         (c) Be academically accountable to the parent for meeting
  860  the educational needs of the student by:
  861         1. At a minimum, annually providing to the parent a written
  862  explanation of the student’s progress.
  863         2. Annually administering or making provision for students
  864  participating in the program in grades 3 through 10 to take one
  865  of the nationally norm-referenced tests identified by the
  866  Department of Education or the statewide assessments pursuant to
  867  s. 1008.22. Students with disabilities for whom standardized
  868  testing is not appropriate are exempt from this requirement. A
  869  participating private school shall report a student’s scores to
  870  the parent.
  871         3. Cooperating with the scholarship student whose parent
  872  chooses to have the student participate in the statewide
  873  assessments pursuant to s. 1008.22 or, if a private school
  874  chooses to offer the statewide assessments, administering the
  875  assessments at the school.
  876         a. A participating private school may choose to offer and
  877  administer the statewide assessments to all students who attend
  878  the private school in grades 3 through 10.
  879         b. A participating private school shall submit a request in
  880  writing to the Department of Education by March 1 of each year
  881  in order to administer the statewide assessments in the
  882  subsequent school year.
  883         (d) Employ or contract with teachers who have regular and
  884  direct contact with each student receiving a scholarship under
  885  this section at the school’s physical location.
  886         (e) Annually contract with an independent certified public
  887  accountant to perform the agreed-upon procedures developed under
  888  s. 1002.395(6)(o) s. 1002.395(6)(n) and produce a report of the
  889  results if the private school receives more than $250,000 in
  890  funds from scholarships awarded under this section in the 2014
  891  2015 state fiscal year or a state fiscal year thereafter. A
  892  private school subject to this paragraph must submit the report
  893  by September 15, 2015, and annually thereafter to the
  894  scholarship-funding organization that awarded the majority of
  895  the school’s scholarship funds. The agreed-upon procedures must
  896  be conducted in accordance with attestation standards
  897  established by the American Institute of Certified Public
  898  Accountants.
  900  The inability of a private school to meet the requirements of
  901  this subsection constitutes a basis for the ineligibility of the
  902  private school to participate in the program as determined by
  903  the commissioner department.
  904         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
  905  shall:
  906         (a) Maintain on its website a list of approved providers as
  907  required in s. 1002.66, eligible postsecondary educational
  908  institutions, eligible private schools, and organizations and
  909  may identify or provide links to lists of other approved
  910  providers.
  911         (b) Require each eligible nonprofit scholarship-funding
  912  organization to verify eligible expenditures before the
  913  distribution of funds for any expenditures made pursuant to
  914  paragraphs (5)(a) and (b). Review of expenditures made for
  915  services specified in paragraphs (5)(c)-(m) (5)(c)-(g) may be
  916  completed after the purchase is payment has been made.
  917         (c) Investigate any written complaint of a violation of
  918  this section by a parent, a student, a private school, a public
  919  school or a school district, an organization, a provider, or
  920  another appropriate party in accordance with the process
  921  established by s. 1002.395(9)(f).
  922         (d) Require quarterly reports by an eligible nonprofit
  923  scholarship-funding organization, which must, at a minimum,
  924  include regarding the number of students participating in the
  925  program; the demographics of program participants; the
  926  disability category of program participants; the matrix level of
  927  services, if known; the program award amount per student; the
  928  total expenditures for the purposes specified in subsection
  929  (5);, the types of providers of services to students;, and any
  930  other information deemed necessary by the department.
  931         (e) Compare the list of students participating in the
  932  program with the public school student enrollment lists,
  933  Voluntary Prekindergarten Education Program enrollment lists,
  934  and the list of students participating in school choice
  935  scholarship programs established pursuant to this chapter before
  936  each scholarship award is provided to the organization, and
  937  subsequently throughout the school year, each program payment to
  938  avoid duplicate payments and confirm program eligibility. A
  939  parent who files a final verification pursuant to paragraph
  940  (3)(b) shall receive scholarship funds before the department
  941  confirms program eligibility.
  943         (a) The Commissioner of Education:
  944         1. Shall deny, suspend, or revoke a student’s participation
  945  in the program if the health, safety, or welfare of the student
  946  is threatened or fraud is suspected.
  947         2. Shall deny, suspend, or revoke an authorized use of
  948  program funds if the health, safety, or welfare of the student
  949  is threatened or fraud is suspected.
  950         3. May deny, suspend, or revoke an authorized use of
  951  program funds for material failure to comply with this section
  952  and applicable department rules if the noncompliance is
  953  correctable within a reasonable period of time. Otherwise, the
  954  commissioner shall deny, suspend, or revoke an authorized use
  955  for failure to materially comply with the law and rules adopted
  956  under this section.
  957         4. Shall require compliance by the appropriate party by a
  958  date certain for all nonmaterial failures to comply with this
  959  section and applicable department rules. The commissioner May
  960  deny, suspend, or revoke program participation or use of program
  961  funds by the student or participation or eligibility of an
  962  organization, eligible private school, eligible postsecondary
  963  educational institution, approved provider, or other party for a
  964  violation of this section.
  965         2. May determine the length of, and conditions for lifting,
  966  a suspension or revocation specified in this subsection.
  967         3. May recover unexpended program funds or withhold payment
  968  of an equal amount of program funds to recover program funds
  969  that were not authorized for use.
  970         4. Shall deny or terminate program participation upon a
  971  parent’s forfeiture of a Gardiner Scholarship pursuant to
  972  subsection (11) under this section thereafter.
  973         (b) In determining whether to deny, suspend, or revoke
  974  participation or lift a suspension or revocation in accordance
  975  with this subsection, the commissioner may consider factors that
  976  include, but are not limited to, acts or omissions that by a
  977  participating entity which led to a previous suspension denial
  978  or revocation of participation in a state or federal program or
  979  an education scholarship program; failure to reimburse the
  980  eligible nonprofit scholarship-funding organization for program
  981  funds improperly received or retained by the entity; failure to
  982  reimburse government funds improperly received or retained;
  983  imposition of a prior criminal sanction related to the person or
  984  entity or its officers or employees; imposition of a civil fine
  985  or administrative fine, license revocation or suspension, or
  986  program eligibility suspension, termination, or revocation
  987  related to a person’s or an entity’s management or operation; or
  988  other types of criminal proceedings in which the person or
  989  entity or its officers or employees were found guilty of,
  990  regardless of adjudication, or entered a plea of nolo contendere
  991  or guilty to, any offense involving fraud, deceit, dishonesty,
  992  or moral turpitude.
  994  PARTICIPATION.—A parent who applies for program participation
  995  under this section is exercising his or her parental option to
  996  determine the appropriate placement or the services that best
  997  meet the needs of his or her child. The scholarship award for a
  998  student is based on a matrix that assigns the student to support
  999  Level III services. If a parent receives chooses to request and
 1000  receive an IEP and a matrix of services from the school district
 1001  pursuant to subsection (7), the amount of the payment shall be
 1002  adjusted as needed, when the school district completes the
 1003  matrix.
 1004         (a) To satisfy or maintain program eligibility, including
 1005  eligibility to receive and spend program payments enroll an
 1006  eligible student in the program, the parent must sign an
 1007  agreement with the eligible nonprofit scholarship-funding
 1008  organization and annually submit a notarized, sworn compliance
 1009  statement to the organization to:
 1010         1. Affirm that the student is enrolled in a program that
 1011  meets regular school attendance requirements as provided in s.
 1012  1003.01(13)(b)-(d).
 1013         2. Affirm that Use the program funds are used only for
 1014  authorized purposes serving the student’s educational needs, as
 1015  described in subsection (5).
 1016         3. Affirm that the parent is responsible for the education
 1017  of his or her student by, as applicable: takes all appropriate
 1018  standardized assessments as specified in this section.
 1019         a. Requiring the student to If the parent enrolls the child
 1020  in an eligible private school, the student must take an
 1021  assessment in accordance with paragraph (8)(c); selected by the
 1022  private school pursuant to s. 1002.395(7)(e).
 1023         b. Providing an If the parent enrolls the child in a home
 1024  education program, the parent may choose to participate in an
 1025  assessment as part of the annual evaluation in accordance with
 1026  provided for in s. 1002.41(1)(c); or.
 1027         c. Requiring the child to take any pre- and post
 1028  assessments selected by the provider if the child is 4 years of
 1029  age and is enrolled in a program provided by an eligible
 1030  Voluntary Prekindergarten Education Program provider. A student
 1031  with disabilities for whom a pre- and post-assessment is not
 1032  appropriate is exempt from this requirement. A participating
 1033  provider shall report a student’s scores to the parent.
 1034         4. Notify the school district that the student is
 1035  participating in the Personal Learning Scholarship Accounts if
 1036  the parent chooses to enroll in a home education program as
 1037  provided in s. 1002.41.
 1038         5. Request participation in the program by the date
 1039  established by the eligible nonprofit scholarship-funding
 1040  organization.
 1041         4.6. Affirm that the student remains in good standing with
 1042  the provider or school if those options are selected by the
 1043  parent.
 1044         7. Apply for admission of his or her child if the private
 1045  school option is selected by the parent.
 1046         8. Annually renew participation in the program.
 1047  Notwithstanding any changes to the student’s IEP, a student who
 1048  was previously eligible for participation in the program shall
 1049  remain eligible to apply for renewal as provided in subsection
 1050  (6).
 1051         9. Affirm that the parent will not transfer any college
 1052  savings funds to another beneficiary.
 1053         10. Affirm that the parent will not take possession of any
 1054  funding provided by the state for the Florida Personal Learning
 1055  Scholarship Accounts.
 1056         11. Maintain a portfolio of records and materials which
 1057  must be preserved by the parent for 2 years and be made
 1058  available for inspection by the district school superintendent
 1059  or the superintendent’s designee upon 15 days’ written notice.
 1060  This paragraph does not require the superintendent to inspect
 1061  the portfolio. The portfolio of records and materials must
 1062  consist of:
 1063         a. A log of educational instruction and services which is
 1064  made contemporaneously with delivery of the instruction and
 1065  services and which designates by title any reading materials
 1066  used; and
 1067         b. Samples of any writings, worksheets, workbooks, or
 1068  creative materials used or developed by the student.
 1069         (b) The parent must file an application for initial program
 1070  participation with an organization by the dates established
 1071  pursuant to this section.
 1072         (c) The parent must notify the school district that the
 1073  student is participating in the Gardiner Scholarship Program if
 1074  the parent chooses to enroll the student in a home education
 1075  program as provided in s. 1002.41. This notification is not in
 1076  lieu of the required notification a parent must submit to the
 1077  district when establishing a home education program pursuant to
 1078  s. 1002.41(1)(a).
 1079         (d) The parent must enroll his or her child in a program
 1080  from a Voluntary Prekindergarten Education Program provider
 1081  authorized under s. 1002.55, a school readiness provider
 1082  authorized under s. 1002.88, or an eligible private school if
 1083  either option is selected by the parent.
 1084         (e) The parent must annually renew participation in the
 1085  program. Notwithstanding any changes to the student’s IEP, a
 1086  student who was previously eligible for participation in the
 1087  program shall remain eligible to apply for renewal. However, for
 1088  a high-risk child to continue to participate in the program in
 1089  the school year after he or she reaches 6 years of age, the
 1090  child’s application for renewal of program participation must
 1091  contain documentation that the child has a disability defined in
 1092  paragraph (2)(d) other than high-risk status.
 1093         (f)(b) The parent is responsible for procuring the services
 1094  necessary to educate the student. When the student receives a
 1095  Gardiner Scholarship personal learning scholarship account, the
 1096  district school board is not obligated to provide the student
 1097  with a free appropriate public education. For purposes of s.
 1098  1003.57 and the Individuals with Disabilities in Education Act,
 1099  a participating student has only those rights that apply to all
 1100  other unilaterally parentally placed students, except that, when
 1101  requested by the parent, school district personnel must develop
 1102  an individual education plan or matrix level of services.
 1103         (g)(c) The parent is responsible for the payment of all
 1104  eligible expenses in excess of the amount of the Gardiner
 1105  Scholarship personal learning scholarship account in accordance
 1106  with the terms agreed to between the parent and the providers.
 1107         (h) The parent may not transfer any prepaid college plan or
 1108  college savings plan funds contributed pursuant to paragraph
 1109  (5)(f) to another beneficiary while the plan contains funds
 1110  contributed pursuant to this section.
 1111         (i) The parent may not receive a payment, refund, or rebate
 1112  from an approved provider of any services under this program.
 1114  A parent who fails to comply with this subsection forfeits the
 1115  Gardiner Scholarship personal learning scholarship account.
 1118  eligible nonprofit scholarship-funding organization
 1119  participating in the Florida Tax Credit Scholarship Program
 1120  established under s. 1002.395 may establish Gardiner
 1121  Scholarships personal learning scholarship accounts for eligible
 1122  students by:
 1123         (a) Receiving applications and determining student
 1124  eligibility in accordance with the requirements of this section.
 1125  The organization shall notify the department of the applicants
 1126  for the program by March 1 before the school year in which the
 1127  student intends to participate. When an application is approved
 1128  received, the scholarship funding organization must provide the
 1129  department with information on the student to enable the
 1130  department to determine report the student for funding in
 1131  accordance with subsection (13).
 1132         (b) Notifying parents of their receipt of a scholarship on
 1133  a first-come, first-served basis, based upon the funds provided
 1134  for this program in the General Appropriations Act.
 1135         (c) Establishing a date pursuant to paragraph (3)(b) by
 1136  which a parent must confirm initial or continuing participation
 1137  in the program and confirm the establishment or continuance of a
 1138  personal learning scholarship account.
 1139         (d) Reviewing applications and awarding scholarship funds
 1140  to approved applicants using the following priorities:
 1141         1. Renewing students from the previous school year;
 1142         2. Students retained on the previous school year’s wait
 1143  list;
 1144         3. Newly approved applicants; and
 1145         4. Late-filed applicants.
 1147  An approved student who does not receive a scholarship must be
 1148  placed on the wait list in the order in which his or her
 1149  application is approved. The Establishing a date and process by
 1150  which students on the wait list or subsequent late-filing
 1151  applicants may be allowed to participate in the program during
 1152  the fiscal school year, within the amount of funds provided for
 1153  this program in the General Appropriations Act. A student who
 1154  does not receive a scholarship within the fiscal year shall be
 1155  retained on the wait list for the subsequent year.
 1156         (e) Establishing and maintaining separate accounts for each
 1157  eligible student. For each account, the organization must
 1158  maintain a record of accrued interest that is retained in the
 1159  student’s account and available only for authorized program
 1160  expenditures.
 1161         (f) Verifying qualifying educational expenditures pursuant
 1162  to the requirements of paragraph (9)(b) (8)(b).
 1163         (g) Returning any remaining program unused funds to the
 1164  department pursuant to paragraph (6)(b) when the student is no
 1165  longer eligible for a personal scholarship learning account.
 1166         (h) Notifying the parent about the availability of, and the
 1167  requirements associated with, requesting an initial IEP or IEP
 1168  reevaluation every 3 years for each student participating in the
 1169  program.
 1170         (i) Notifying the department of any violation of this
 1171  section.
 1172         (j) Documenting each scholarship student’s eligibility for
 1173  a fiscal year before granting a scholarship for that fiscal year
 1174  pursuant to paragraph (3)(b).
 1175         (13) FUNDING AND PAYMENT.—
 1176         (a)1. The maximum funding amount granted for an eligible
 1177  student with a disability, pursuant to subsection (3), shall be
 1178  equivalent to the base student allocation in the Florida
 1179  Education Finance Program multiplied by the appropriate cost
 1180  factor for the educational program which would have been
 1181  provided for the student in the district school to which he or
 1182  she would have been assigned, multiplied by the district cost
 1183  differential.
 1184         2. In addition, an amount equivalent to a share of the
 1185  guaranteed allocation for exceptional students in the Florida
 1186  Education Finance Program shall be determined and added to the
 1187  amount in subparagraph 1. The calculation shall be based on the
 1188  methodology and the data used to calculate the guaranteed
 1189  allocation for exceptional students for each district in chapter
 1190  2000-166, Laws of Florida. Except as provided in subparagraph
 1191  3., the calculation shall be based on the student’s grade, the
 1192  matrix level of services, and the difference between the 2000
 1193  2001 basic program and the appropriate level of services cost
 1194  factor, multiplied by the 2000-2001 base student allocation and
 1195  the 2000-2001 district cost differential for the sending
 1196  district. The calculated amount must also include an amount
 1197  equivalent to the per-student share of supplemental academic
 1198  instruction funds, instructional materials funds, technology
 1199  funds, and other categorical funds as provided in the General
 1200  Appropriations Act.
 1201         3. Except as otherwise provided in subsection (7), the
 1202  calculation for all students participating in the program shall
 1203  be based on the matrix that assigns the student to support Level
 1204  III of services. If a parent chooses to request and receive a
 1205  matrix of services from the school district, when the school
 1206  district completes the matrix, the amount of the payment shall
 1207  be adjusted as needed.
 1208         (b) The amount of the awarded funds shall be 90 percent of
 1209  the calculated amount. One hundred percent of the funds
 1210  appropriated for the program shall be released to the department
 1211  at the beginning of the first quarter of each fiscal year.
 1212         (c) Upon notification from the organization that a parent
 1213  has filed a final verification document pursuant to paragraph
 1214  (3)(b) or upon notification from the organization that a 3- or
 1215  4-year-old child’s application has been approved for the
 1216  program, the department shall release the student’s scholarship
 1217  funds to the organization to be deposited into the student’s
 1218  account an eligible student’s graduation from an eligible
 1219  postsecondary educational institution or after any period of 4
 1220  consecutive years after high school graduation in which the
 1221  student is not enrolled in an eligible postsecondary educational
 1222  institution, the student’s personal learning scholarship account
 1223  shall be closed, and any remaining funds shall revert to the
 1224  state.
 1225         (d)For initial eligibility for the program, students
 1226  determined eligible by the organization for a Gardiner
 1227  Scholarship by:
 1228         1. September 1 shall receive 100 percent of the total
 1229  awarded funds.
 1230         2. November 1 shall receive 75 percent of the total awarded
 1231  funds.
 1232         3. February 1 shall receive 50 percent of the total awarded
 1233  funds.
 1234         4. April 1 shall receive 25 percent of the total awarded
 1235  funds.
 1236         (e) Accrued interest in the student’s account is in
 1237  addition to, and not part of, the awarded funds. Program funds
 1238  include both the awarded funds and accrued interest.
 1239         (f)(d) The eligible nonprofit scholarship-funding
 1240  organization may shall develop a system for payment of benefits
 1241  by electronic funds transfer, including, but not limited to,
 1242  debit cards, electronic payment cards, or any other means of
 1243  electronic payment that the department deems to be commercially
 1244  viable or cost-effective. A student’s scholarship award may not
 1245  be reduced for debit card or electronic payment fees.
 1246  Commodities or services related to the development of such a
 1247  system shall be procured by competitive solicitation unless they
 1248  are purchased from a state term contract pursuant to s. 287.056.
 1249         (g) In addition to funds appropriated for scholarship
 1250  awards and subject to a separate, specific legislative
 1251  appropriation, an organization may receive an amount equivalent
 1252  to not more than 3 percent of the amount of each scholarship
 1253  award from state funds for administrative expenses if the
 1254  organization has operated as a nonprofit entity for at least the
 1255  preceding 3 fiscal years and did not have any findings of
 1256  material weakness or material noncompliance in its most recent
 1257  audit under s. 1002.395(6)(m). Such administrative expenses must
 1258  be reasonable and necessary for the organization’s management
 1259  and distribution of scholarships under this section. Funds
 1260  authorized under this paragraph may not be used for lobbying or
 1261  political activity or expenses related to lobbying or political
 1262  activity. An organization may not charge an application fee for
 1263  a scholarship. Administrative expenses may not be deducted from
 1264  funds appropriated for scholarship awards.
 1265         (h)(e) Moneys received pursuant to this section do not
 1266  constitute taxable income to the qualified student or parent of
 1267  the qualified student.
 1269         (a) The Auditor General shall conduct an annual financial
 1270  and operational audit of accounts and records of each eligible
 1271  scholarship-funding organization that participates in the
 1272  program. As part of this audit, the Auditor General shall
 1273  verify, at a minimum, the total amount of students served and
 1274  the eligibility of reimbursements made by the each eligible
 1275  nonprofit scholarship-funding organization and transmit that
 1276  information to the department. The Auditor General shall provide
 1277  the commissioner with a copy of each annual operational audit
 1278  performed pursuant to this subsection within 10 days after the
 1279  audit is finalized.
 1280         (b) The Auditor General shall notify the department of any
 1281  eligible nonprofit scholarship-funding organization that fails
 1282  to comply with a request for information.
 1284  Department of Health, the Agency for Persons with Disabilities,
 1285  and the Department of Education shall work with an eligible
 1286  nonprofit scholarship-funding organization for easy or automated
 1287  access to lists of licensed providers of services specified in
 1288  paragraph (5)(c) to ensure efficient administration of the
 1289  program.
 1290         (16) LIABILITY.—The state is not liable for the award or
 1291  any use of awarded funds under this section.
 1292         (17) SCOPE OF AUTHORITY.—This section does not expand the
 1293  regulatory authority of this state, its officers, or any school
 1294  district to impose additional regulation on participating
 1295  private schools, independent nonpublic postsecondary educational
 1296  institutions, and private providers beyond those reasonably
 1297  necessary to enforce requirements expressly set forth in this
 1298  section.
 1299         (18) RULES.—The State Board of Education shall adopt rules
 1300  pursuant to ss. 120.536(1) and 120.54 to administer this
 1301  section.
 1303  YEAR.—Notwithstanding the provisions of this section related to
 1304  notification and eligibility timelines, an eligible nonprofit
 1305  scholarship-funding organization may enroll parents on a rolling
 1306  schedule on a first-come, first-served basis, within the amount
 1307  of funds provided in the General Appropriations Act.
 1308         Section 6. Paragraph (j) of subsection (6) and paragraphs
 1309  (a), (b), and (f) of subsection (16) of section 1002.395,
 1310  Florida Statutes, are amended to read:
 1311         1002.395 Florida Tax Credit Scholarship Program.—
 1313  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
 1314  organization:
 1315         (j)1. May use up to 3 percent of eligible contributions
 1316  received during the state fiscal year in which such
 1317  contributions are collected for administrative expenses if the
 1318  organization has operated as an eligible nonprofit scholarship
 1319  funding organization under this section for at least the
 1320  preceding 3 state fiscal years and did not have any negative
 1321  financial findings of material weakness or material
 1322  noncompliance in its most recent audit under paragraph (m). Such
 1323  administrative expenses must be reasonable and necessary for the
 1324  organization’s management and distribution of eligible
 1325  contributions under this section. No funds authorized under this
 1326  subparagraph shall be used for lobbying or political activity or
 1327  expenses related to lobbying or political activity. Up to one
 1328  third of the funds authorized for administrative expenses under
 1329  this subparagraph may be used for expenses related to the
 1330  recruitment of contributions from taxpayers. If An eligible
 1331  nonprofit scholarship-funding organization may not charge
 1332  charges an application fee for a scholarship, the application
 1333  fee must be immediately refunded to the person that paid the fee
 1334  if the student is not enrolled in a participating school within
 1335  12 months.
 1336         2. Must expend for annual or partial-year scholarships an
 1337  amount equal to or greater than 75 percent of the net eligible
 1338  contributions remaining after administrative expenses during the
 1339  state fiscal year in which such contributions are collected. No
 1340  more than 25 percent of such net eligible contributions may be
 1341  carried forward to the following state fiscal year. All amounts
 1342  carried forward, for audit purposes, must be specifically
 1343  identified for particular students, by student name and the name
 1344  of the school to which the student is admitted, subject to the
 1345  requirements of ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g,
 1346  and the applicable rules and regulations issued pursuant
 1347  thereto. Any amounts carried forward shall be expended for
 1348  annual or partial-year scholarships in the following state
 1349  fiscal year. Net eligible contributions remaining on June 30 of
 1350  each year that are in excess of the 25 percent that may be
 1351  carried forward shall be transferred to other eligible nonprofit
 1352  scholarship-funding organizations to provide scholarships for
 1353  eligible students. All transferred funds must be deposited by
 1354  each eligible nonprofit scholarship-funding organization
 1355  receiving such funds into its scholarship account. All
 1356  transferred amounts received by any eligible nonprofit
 1357  scholarship-funding organization must be separately disclosed in
 1358  the annual financial audit required under paragraph (m) returned
 1359  to the State Treasury for deposit in the General Revenue Fund.
 1360         3. Must, before granting a scholarship for an academic
 1361  year, document each scholarship student’s eligibility for that
 1362  academic year. A scholarship-funding organization may not grant
 1363  multiyear scholarships in one approval process.
 1365  Information and documentation provided to the Department of
 1366  Education and the Auditor General relating to the identity of a
 1367  taxpayer that provides an eligible contribution under this
 1368  section shall remain confidential at all times in accordance
 1369  with s. 213.053.
 1371  APPLICATION.—In order to participate in the scholarship program
 1372  created under this section, a charitable organization that seeks
 1373  to be a nonprofit scholarship-funding organization must submit
 1374  an application for initial approval or renewal to the Office of
 1375  Independent Education and Parental Choice no later than
 1376  September 1 of each year before the school year for which the
 1377  organization intends to offer scholarships.
 1378         (a) An application for initial approval must include:
 1379         1. A copy of the organization’s incorporation documents and
 1380  registration with the Division of Corporations of the Department
 1381  of State.
 1382         2. A copy of the organization’s Internal Revenue Service
 1383  determination letter as a s. 501(c)(3) not-for-profit
 1384  organization.
 1385         3. A description of the organization’s financial plan that
 1386  demonstrates sufficient funds to operate throughout the school
 1387  year.
 1388         4. A description of the geographic region that the
 1389  organization intends to serve and an analysis of the demand and
 1390  unmet need for eligible students in that area.
 1391         5. The organization’s organizational chart.
 1392         6. A description of the criteria and methodology that the
 1393  organization will use to evaluate scholarship eligibility.
 1394         7. A description of the application process, including
 1395  deadlines and any associated fees.
 1396         8. A description of the deadlines for attendance
 1397  verification and scholarship payments.
 1398         9. A copy of the organization’s policies on conflict of
 1399  interest and whistleblowers.
 1400         10. A copy of a surety bond or letter of credit to secure
 1401  the faithful performance of the obligations of the eligible
 1402  nonprofit scholarship-funding organization in accordance with
 1403  this section in an amount equal to 25 percent of the scholarship
 1404  funds anticipated for each school year or $100,000, whichever is
 1405  greater. The surety bond or letter of credit must specify that
 1406  any claim against the bond or letter of credit may be made only
 1407  by an eligible nonprofit scholarship-funding organization to
 1408  provide scholarships to and on behalf of students who would have
 1409  had scholarships funded if it were not for the diversion of
 1410  funds giving rise to the claim against the bond or letter of
 1411  credit.
 1412         (b) In addition to the information required by
 1413  subparagraphs (a)1.-9., an application for renewal must include:
 1414         1. A surety bond or letter of credit to secure the faithful
 1415  performance of the obligations of the eligible nonprofit
 1416  scholarship-funding organization in accordance with this section
 1417  equal to the amount of undisbursed donations held by the
 1418  organization based on the annual report submitted pursuant to
 1419  paragraph (6)(m). The amount of the surety bond or letter of
 1420  credit must be at least $100,000, but not more than $25 million.
 1421  The surety bond or letter of credit must specify that any claim
 1422  against the bond or letter of credit may be made only by an
 1423  eligible nonprofit scholarship-funding organization to provide
 1424  scholarships to and on behalf of students who would have had
 1425  scholarships funded if it were not for the diversion of funds
 1426  giving rise to the claim against the bond or letter of credit.
 1427         2. The organization’s completed Internal Revenue Service
 1428  Form 990 submitted no later than November 30 of the year before
 1429  the school year that the organization intends to offer the
 1430  scholarships, notwithstanding the September 1 application
 1431  deadline.
 1432         3. A copy of the statutorily required audit to the
 1433  Department of Education and Auditor General.
 1434         4. An annual report that includes:
 1435         a. The number of students who completed applications, by
 1436  county and by grade.
 1437         b. The number of students who were approved for
 1438  scholarships, by county and by grade.
 1439         c. The number of students who received funding for
 1440  scholarships within each funding category, by county and by
 1441  grade.
 1442         d. The amount of funds received, the amount of funds
 1443  distributed in scholarships, and an accounting of remaining
 1444  funds and the obligation of those funds.
 1445         e. A detailed accounting of how the organization spent the
 1446  administrative funds allowable under paragraph (6)(j).
 1447         (f) All remaining funds held by a nonprofit scholarship
 1448  funding organization that is disapproved for participation must
 1449  be transferred revert to the Department of Revenue for
 1450  redistribution to other eligible nonprofit scholarship-funding
 1451  organizations to provide scholarships for eligible students. All
 1452  transferred funds must be deposited by each eligible nonprofit
 1453  scholarship-funding organization receiving such funds into its
 1454  scholarship account. All transferred amounts received by any
 1455  eligible nonprofit scholarship-funding organization must be
 1456  separately disclosed in the annual financial audit required
 1457  under subsection (6).
 1458         Section 7. Paragraph (aa) is added to subsection (4) of
 1459  section 1009.971, Florida Statutes, to read:
 1460         1009.971 Florida Prepaid College Board.—
 1462  board shall have the powers and duties necessary or proper to
 1463  carry out the provisions of ss. 1009.97-1009.988, including, but
 1464  not limited to, the power and duty to:
 1465         (aa) Adopt rules relating to the purchase and use of a
 1466  prepaid college plan authorized under s. 1009.98 or a college
 1467  savings plan authorized under s. 1009.981 for the Gardiner
 1468  Scholarship Program pursuant to s. 1002.385, which may include,
 1469  but need not be limited to:
 1470         1. The use of such funds for postsecondary education
 1471  programs for students with disabilities;
 1472         2. Effective procedures that allow program funds to be used
 1473  in conjunction with other funds used by a parent in the purchase
 1474  of a prepaid college plan or a college savings plan;
 1475         3. The tracking and accounting of program funds separately
 1476  from other funds contributed to a prepaid college plan or a
 1477  college savings plan;
 1478         4. The reversion of program funds, including, but not
 1479  limited to, earnings from contributions to the Florida College
 1480  Savings Plan;
 1481         5. The use of program funds only after private payments
 1482  have been used for prepaid college plan or college savings plan
 1483  expenditures;
 1484         6. Contracting with each eligible nonprofit scholarship
 1485  funding organization to establish mechanisms to implement s.
 1486  1002.385, including, but not limited to, identifying the source
 1487  of funds being deposited in the plans; and
 1488         7. The development of a written agreement that defines the
 1489  owner and beneficiary of an account and outlines
 1490  responsibilities for the use of the advance payment contract
 1491  funds or savings program funds.
 1492         Section 8. Subsection (11) is added to section 1009.98,
 1493  Florida Statutes, to read:
 1494         1009.98 Stanley G. Tate Florida Prepaid College Program.—
 1496         (a) A prepaid college plan may be purchased, accounted for,
 1497  used, and terminated as provided in s. 1002.385.
 1498         (b) A qualified beneficiary may apply the benefits of an
 1499  advance payment contract toward the program fees of a program
 1500  designed for students with disabilities conducted by a state
 1501  postsecondary institution. A transfer authorized under this
 1502  subsection may not exceed the redemption value of the advance
 1503  payment contract at a state postsecondary institution or the
 1504  number of semester credit hours contracted on behalf of a
 1505  qualified beneficiary. A qualified beneficiary may not be
 1506  changed while a prepaid college plan contains funds contributed
 1507  under s. 1002.385.
 1508         Section 9. Subsection (10) is added to section 1009.981,
 1509  Florida Statutes, to read:
 1510         1009.981 Florida College Savings Program.—
 1512         (a) A college savings plan may be purchased, accounted for,
 1513  used, and terminated as provided in s. 1002.385.
 1514         (b) A designated beneficiary may apply the benefits of a
 1515  participation agreement toward the program fees of a program
 1516  designed for students with disabilities conducted by a state
 1517  postsecondary institution. A designated beneficiary may not be
 1518  changed while a college savings plan contains funds contributed
 1519  under s. 1002.385.
 1520         Section 10. For the 2016-2017 fiscal year:
 1521         (1) The sum of $71.2 million in recurring funds from the
 1522  General Revenue Fund is appropriated to the Department of
 1523  Education for scholarship awards under the Gardiner Scholarship
 1524  Program. In addition to the funds appropriated for the
 1525  scholarship awards, the sum of $2,136,000 in recurring funds
 1526  from the General Revenue Fund is appropriated to the Department
 1527  of Education for reasonable and necessary administrative
 1528  expenses for each scholarship-funding organization’s management
 1529  and distribution of scholarship awards under the program;
 1530  however, the amount paid to each scholarship-funding
 1531  organization may not exceed 3 percent of the amount of each
 1532  scholarship award.
 1533         (2) The sum of $14 million in recurring funds from the
 1534  General Revenue Fund is appropriated to the Department of
 1535  Education for incentive payments for the Standard Student Attire
 1536  Incentive Program.
 1537         (3) The sum of $8 million in recurring funds from the
 1538  General Revenue Fund is appropriated for the Florida
 1539  Postsecondary Comprehensive Transition Program to be
 1540  administered by the Florida Center for Students with Unique
 1541  Abilities at the University of Central Florida, as follows:
 1542         (a) The sum of $1.5 million shall be provided to the
 1543  Florida Center for Students with Unique Abilities for costs
 1544  solely associated with the center serving as the statewide
 1545  coordinating center for the program.
 1546         (b) The sum of $3 million shall be distributed for startup
 1547  and enhancement grants to eligible institutions pursuant to s.
 1548  1004.6495(5)(b)5., Florida Statutes.
 1549         (c) The sum of $3.5 million shall be distributed as Florida
 1550  Postsecondary Comprehensive Transition Program scholarships for
 1551  students who are enrolled in eligible programs.
 1552         Section 11. This act shall take effect July 1, 2016.