Florida Senate - 2021 SB 432
By Senator Perry
8-00315A-21 2021432__
1 A bill to be entitled
2 An act relating to the Gardiner Scholarship; amending
3 s. 1002.385, F.S.; revising the definition of
4 “curriculum”; revising eligibility requirements for
5 the Gardiner Scholarship program; deleting provisions
6 relating to final verification documents; revising
7 authorized uses of program funds; revising the number
8 of consecutive fiscal years an account must be
9 inactive before the remaining funds revert to the
10 state; conforming a provision to changes made by the
11 act; deleting a requirement pertaining to compliance
12 statements; authorizing certain students to continue
13 spending scholarship funds under certain
14 circumstances; providing that a student’s account must
15 be closed under certain circumstances; revising an
16 obligation of scholarship-funding organizations with
17 respect to student eligibility; conforming a provision
18 to changes made by the act; providing an effective
19 date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Paragraph (b) of subsection (2), subsections (3)
24 and (5), paragraph (b) of subsection (6), paragraph (e) of
25 subsection (9), paragraphs (a), (e), and (f) of subsection (11),
26 paragraph (j) of subsection (12), and paragraph (c) of
27 subsection (13) of section 1002.385, Florida Statutes, are
28 amended to read:
29 1002.385 The Gardiner Scholarship.—
30 (2) DEFINITIONS.—As used in this section, the term:
31 (b) “Curriculum” means a complete course of study for a
32 particular content area or grade level, including any required
33 supplemental materials, teachers’ manuals, and associated online
34 instruction.
35 (3) PROGRAM ELIGIBILITY.—A parent of a student with a
36 disability may request and receive from the state a Gardiner
37 Scholarship for the purposes specified in subsection (5) if:
38 (a) The student:
39 1. Is a resident of this state;
40 2. Is 3 or 4 years of age on or before September 1 of the
41 year in which the student applies for program participation, or
42 is eligible to enroll in kindergarten through grade 12 in a
43 public school in this state;
44 3. Has a disability as defined in paragraph (2)(d); and
45 4. Is the subject of an IEP written in accordance with
46 rules of the State Board of Education or with the applicable
47 rules of another state or has received a diagnosis of a
48 disability from a physician who is licensed under chapter 458 or
49 chapter 459, a psychologist who is licensed under chapter 490,
50 or a physician who holds an active license issued by another
51 state or territory of the United States, the District of
52 Columbia, or the Commonwealth of Puerto Rico.
53
54 A student with a disability who meets the requirements of this
55 paragraph, but who turns 3 years of age after September 1, may
56 be determined to be eligible for a Gardiner Scholarship on or
57 after his or her third birthday and may be awarded a scholarship
58 if program funds are available.
59 (b) The parent has applied to an eligible nonprofit
60 scholarship-funding organization to participate in the program
61 by February 1 before the school year in which the student will
62 participate or an alternative date as set by the organization
63 for any vacant, funded slots. The request must be communicated
64 directly to the organization in a manner that creates a written
65 or electronic record of the request and the date of receipt of
66 the request. In addition to the application and any
67 documentation required by the organization or by State Board of
68 Education rule, the parent may submit a final verification
69 document pursuant to this paragraph to receive scholarship funds
70 in the student’s account before the department confirms program
71 eligibility pursuant to paragraph (9)(e). The final verification
72 document must consist of one of the following items applicable
73 to the student:
74 1. A completed withdrawal form from the school district, if
75 the student was enrolled in a public school before the
76 determination of program eligibility.
77 2. A letter of admission or enrollment from an eligible
78 private school for the fiscal year in which the student wishes
79 to participate and, if applicable, a copy of the notification
80 from the private school that the student has withdrawn from the
81 John M. McKay Scholarships for Students with Disabilities
82 Program or the Florida Tax Credit Scholarship Program.
83 3. A copy of the notice of the parent’s intent to establish
84 and maintain a home education program required by s.
85 1002.41(1)(a) or the annual educational evaluation of the
86 student in a home education program, which is required by s.
87 1002.41(2).
88 (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be
89 used to meet the individual educational needs of an eligible
90 student and may be spent for the following purposes:
91 (a) Instructional materials, including digital devices,
92 digital periphery devices, and assistive technology devices that
93 allow a student to access instruction or instructional content
94 and training on the use of and maintenance agreements for these
95 devices.
96 (b) Curriculum as defined in paragraph (2)(b).
97 (c) Specialized services by approved providers or by a
98 hospital in this state which are selected by the parent. These
99 specialized services may include, but are not limited to:
100 1. Applied behavior analysis services as provided in ss.
101 627.6686 and 641.31098.
102 2. Services provided by speech-language pathologists as
103 defined in s. 468.1125.
104 3. Occupational therapy services as defined in s. 468.203.
105 4. Services provided by physical therapists as defined in
106 s. 486.021.
107 5. Services provided by listening and spoken language
108 specialists and an appropriate acoustical environment for a
109 child who is deaf or hard of hearing and who has received an
110 implant or assistive hearing device.
111 (d) Tuition or fees associated with full-time or part-time
112 enrollment in a home education program, an eligible private
113 school, an eligible postsecondary educational institution or a
114 program offered by the postsecondary institution, a private
115 tutoring program authorized under s. 1002.43, a virtual program
116 offered by a department-approved private online provider that
117 meets the provider qualifications specified in s. 1002.45(2)(a),
118 the Florida Virtual School as a private paying student, or an
119 approved online course offered pursuant to s. 1003.499 or s.
120 1004.0961.
121 (e) Fees for nationally standardized, norm-referenced
122 achievement tests, Advanced Placement Examinations, industry
123 certification examinations, assessments related to postsecondary
124 education, or other assessments.
125 (f) Contributions to the Stanley G. Tate Florida Prepaid
126 College Program pursuant to s. 1009.98 or the Florida College
127 Savings Program pursuant to s. 1009.981, for the benefit of the
128 eligible student.
129 (g) Contracted services provided by a public school or
130 school district, including classes. A student who receives
131 services under a contract under this paragraph is not considered
132 enrolled in a public school for eligibility purposes as
133 specified in subsection (4).
134 (h) Tuition and fees for part-time tutoring services
135 provided by a person who holds a valid Florida educator’s
136 certificate pursuant to s. 1012.56; a person who holds an
137 adjunct teaching certificate pursuant to s. 1012.57; a person
138 who has a bachelor’s degree or a graduate degree in the subject
139 area in which instruction is given; or a person who has
140 demonstrated a mastery of subject area knowledge pursuant to s.
141 1012.56(5). As used in this paragraph, the term “part-time
142 tutoring services” does not qualify as regular school attendance
143 as defined in s. 1003.01(13)(e).
144 (i) Fees for specialized summer education programs.
145 (j) Fees for specialized after-school education programs.
146 (k) Transition services, including a coordinated set of
147 activities that are focused on improving the academic and
148 functional achievement of the student to facilitate his or her
149 movement from school to post-school activities and are based on
150 the individual student’s needs. Transition services may be
151 provided by job coaches.
152 (l) Fees for an annual evaluation of educational progress
153 by a state-certified teacher under s. 1002.41(1)(f), if this
154 option is chosen for a home education student.
155 (m) Tuition and fees associated with programs offered by
156 Voluntary Prekindergarten Education Program providers approved
157 pursuant to s. 1002.55 and school readiness providers approved
158 pursuant to s. 1002.88.
159 (n) Fees for services provided at a center that is a member
160 of the Professional Association of Therapeutic Horsemanship
161 International.
162 (o) Fees for services provided by a therapist who is
163 certified by the Certification Board for Music Therapists or
164 credentialed by the Art Therapy Credentials Board, Inc.
165 (p) Tuition or fees associated with enrollment in a
166 nationally or internationally recognized research-based training
167 program for a child with a neurological disorder or brain
168 damage.
169
170 A provider of any services receiving payments pursuant to this
171 subsection may not share, refund, or rebate any moneys from the
172 Gardiner Scholarship with the parent or participating student in
173 any manner. A parent, student, or provider of any services may
174 not bill an insurance company, Medicaid, or any other agency for
175 the same services that are paid for using Gardiner Scholarship
176 funds.
177 (6) TERM OF THE PROGRAM.—For purposes of continuity of
178 educational choice and program integrity:
179 (b)1. A student’s scholarship account must be closed and
180 any remaining funds, including, but not limited to,
181 contributions made to the Stanley G. Tate Florida Prepaid
182 College Program or earnings from or contributions made to the
183 Florida College Savings Program using program funds pursuant to
184 paragraph (5)(f), shall revert to the state after:
185 a. Denial or revocation of program eligibility by the
186 commissioner for fraud or abuse, including, but not limited to,
187 the student or student’s parent accepting any payment, refund,
188 or rebate, in any manner, from a provider of any services
189 received pursuant to subsection (5);
190 b. Any period of 3 consecutive years after high school
191 completion or graduation during which the student has not been
192 enrolled in an eligible postsecondary educational institution or
193 a program offered by the institution; or
194 c. Two Three consecutive fiscal years in which an account
195 has been inactive.
196 2. The commissioner must notify the parent and the
197 organization when a Gardiner Scholarship account is closed and
198 program funds revert to the state.
199 (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
200 shall:
201 (e) Compare the list of students participating in the
202 program with the public school student enrollment lists,
203 Voluntary Prekindergarten Education Program enrollment lists,
204 and the list of students participating in school choice
205 scholarship programs established pursuant to this chapter before
206 each scholarship award is provided to the organization, and
207 subsequently throughout the school year, to avoid duplicate
208 payments and confirm program eligibility. A parent who files a
209 final verification pursuant to paragraph (3)(b) shall receive
210 scholarship funds before the department confirms program
211 eligibility.
212 (11) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
213 PARTICIPATION.—A parent who applies for program participation
214 under this section is exercising his or her parental option to
215 determine the appropriate placement or the services that best
216 meet the needs of his or her child. The scholarship award for a
217 student is based on a matrix that assigns the student to support
218 Level III services. If a parent receives an IEP and a matrix of
219 services from the school district pursuant to subsection (7),
220 the amount of the payment shall be adjusted as needed, when the
221 school district completes the matrix.
222 (a) To satisfy or maintain program eligibility, including
223 eligibility to receive and spend program payments, the parent
224 must sign an agreement with the organization and annually submit
225 a notarized, sworn compliance statement to the organization to:
226 1. Affirm that the student is enrolled in a program that
227 meets regular school attendance requirements as provided in s.
228 1003.01(13)(b)-(d).
229 2. Affirm that the program funds are used only for
230 authorized purposes serving the student’s educational needs, as
231 described in subsection (5).
232 3. Affirm that the parent is responsible for the education
233 of his or her student by, as applicable:
234 a. Requiring the student to take an assessment in
235 accordance with paragraph (8)(b);
236 b. Providing an annual evaluation in accordance with s.
237 1002.41(1)(f); or
238 c. Requiring the child to take any preassessments and
239 postassessments selected by the provider if the child is 4 years
240 of age and is enrolled in a program provided by an eligible
241 Voluntary Prekindergarten Education Program provider. A student
242 with disabilities for whom a preassessment and postassessment is
243 not appropriate is exempt from this requirement. A participating
244 provider shall report a student’s scores to the parent.
245 4. Affirm that the student remains in good standing with
246 the provider or school if those options are selected by the
247 parent.
248 (e) The parent must annually renew participation in the
249 program for a student to be eligible to receive scholarship
250 funding. A student whose participation in the program is not
251 renewed may continue to spend scholarship funds that are in his
252 or her account from prior years unless the account must be
253 closed pursuant to paragraph (6)(b). Notwithstanding any changes
254 to the student’s IEP, a student who was previously eligible for
255 participation in the program shall remain eligible to apply for
256 renewal. However, for a high-risk child to continue to
257 participate in the program in the school year after he or she
258 reaches 6 years of age, the child’s application for renewal of
259 program participation must contain documentation that the child
260 has a disability defined in paragraph (2)(d) other than high
261 risk status.
262 (f) The parent is responsible for procuring the services
263 necessary to educate the student. If a parent does not procure
264 the necessary educational services for the student and the
265 student’s account has been inactive for 2 consecutive fiscal
266 years, then the student’s account must be closed pursuant to
267 paragraph (6)(b) student is ineligible for additional
268 scholarship payments until the scholarship funding organization
269 verifies that expenditures from the account have occurred. When
270 the student receives a Gardiner Scholarship, the district school
271 board is not obligated to provide the student with a free
272 appropriate public education. For purposes of s. 1003.57 and the
273 Individuals with Disabilities in Education Act, a participating
274 student has only those rights that apply to all other
275 unilaterally parentally placed students, except that, when
276 requested by the parent, school district personnel must develop
277 an individual education plan or matrix level of services.
278
279 A parent who fails to comply with this subsection forfeits the
280 Gardiner Scholarship.
281 (12) OBLIGATIONS OF SCHOLARSHIP-FUNDING ORGANIZATIONS.—An
282 organization may establish Gardiner Scholarships for eligible
283 students by:
284 (j) Documenting each scholarship student’s eligibility for
285 a fiscal year before granting a scholarship for that fiscal year
286 pursuant to paragraph (3)(b). A student is ineligible for
287 scholarship funding a scholarship if the student’s account has
288 been inactive for 2 consecutive fiscal years and the student’s
289 account has been closed pursuant to paragraph (6)(b). However,
290 once an eligible expenditure is made pursuant to paragraph
291 (11)(f), the student is eligible for a scholarship based on
292 available funds.
293 (13) FUNDING AND PAYMENT.—
294 (c) Upon notification from the organization that a parent
295 has filed a final verification document pursuant to paragraph
296 (3)(b) or upon notification from the organization that an a 3-
297 or 4-year-old child’s application has been approved for the
298 program, the department shall release the student’s scholarship
299 funds to the organization to be deposited into the student’s
300 account.
301 Section 2. This act shall take effect July 1, 2021.