Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 48
       
       
       
       
       
       
                                Ì268914<Î268914                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: NC/2R          .                                
             04/22/2021 04:28 PM       .                                
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       Senator Diaz moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (l) of subsection (2) of section
    6  11.45, Florida Statutes, is amended to read:
    7         11.45 Definitions; duties; authorities; reports; rules.—
    8         (2) DUTIES.—The Auditor General shall:
    9         (l) At least once every 3 years, Annually conduct
   10  operational audits of the accounts and records of eligible
   11  nonprofit scholarship-funding organizations receiving eligible
   12  contributions under s. 1002.395, including any contracts for
   13  services with related entities, to determine compliance with the
   14  provisions of that section. Such audits shall include, but not
   15  be limited to, a determination of the eligible nonprofit
   16  scholarship-funding organization’s compliance with s.
   17  1002.395(6)(j). The Auditor General shall provide its report on
   18  the results of the audits to the Governor, the President of the
   19  Senate, the Speaker of the House of Representatives, the Chief
   20  Financial Officer, and the Legislative Auditing Committee,
   21  within 30 days of completion of the audit.
   22  
   23  The Auditor General shall perform his or her duties
   24  independently but under the general policies established by the
   25  Legislative Auditing Committee. This subsection does not limit
   26  the Auditor General’s discretionary authority to conduct other
   27  audits or engagements of governmental entities as authorized in
   28  subsection (3).
   29         Section 2. Section 1002.385, Florida Statutes, is repealed.
   30         Section 3. Subsection (10) of section 1002.39, Florida
   31  Statutes, is amended, and subsection (14) is added to that
   32  section, to read:
   33         1002.39 The John M. McKay Scholarships for Students with
   34  Disabilities Program.—There is established a program that is
   35  separate and distinct from the Opportunity Scholarship Program
   36  and is named the John M. McKay Scholarships for Students with
   37  Disabilities Program.
   38         (10) JOHN M. MCKAY SCHOLARSHIP FUNDING AND PAYMENT.—
   39         (a)1. The maximum scholarship granted for an eligible
   40  student with disabilities shall be calculated in accordance with
   41  s. 1002.394(12)(b) equivalent to the base student allocation in
   42  the Florida Education Finance Program multiplied by the
   43  appropriate cost factor for the educational program that would
   44  have been provided for the student in the district school to
   45  which he or she was assigned, multiplied by the district cost
   46  differential.
   47         2.In addition, a share of the guaranteed allocation for
   48  exceptional students shall be determined and added to the amount
   49  in subparagraph 1. The calculation shall be based on the
   50  methodology and the data used to calculate the guaranteed
   51  allocation for exceptional students for each district in chapter
   52  2000-166, Laws of Florida. Except as provided in subparagraphs
   53  3. and 4., the calculation shall be based on the student’s
   54  grade, matrix level of services, and the difference between the
   55  2000-2001 basic program and the appropriate level of services
   56  cost factor, multiplied by the 2000-2001 base student allocation
   57  and the 2000-2001 district cost differential for the sending
   58  district. The calculated amount shall include the per-student
   59  share of supplemental academic instruction funds, instructional
   60  materials funds, technology funds, and other categorical funds
   61  as provided in the General Appropriations Act.
   62         3.The scholarship amount for a student who is eligible
   63  under sub-subparagraph (2)(a)2.b. shall be calculated as
   64  provided in subparagraphs 1. and 2. However, the calculation
   65  shall be based on the school district in which the parent
   66  resides at the time of the scholarship request.
   67         4.Until the school district completes the matrix required
   68  by paragraph (5)(b), the calculation shall be based on the
   69  matrix that assigns the student to support Level I of service as
   70  it existed prior to the 2000-2001 school year. When the school
   71  district completes the matrix, the amount of the payment shall
   72  be adjusted as needed.
   73         5.The scholarship amount for a student eligible under s.
   74  504 of the Rehabilitation Act of 1973 shall be based on the
   75  program cost factor the student currently generates through the
   76  Florida Education Finance Program.
   77         6. The scholarship amount granted for an eligible student
   78  with disabilities is not subject to the maximum value for
   79  funding a student under s. 1011.61(4).
   80         (b) The amount of the John M. McKay Scholarship shall be
   81  the calculated amount or the amount of the private school’s
   82  tuition and fees, whichever is less. The amount of any
   83  assessment fee required by the participating private school may
   84  be paid from the total amount of the scholarship.
   85         (c)1. The school district shall report all students who are
   86  attending a private school under this program. The students with
   87  disabilities attending private schools on John M. McKay
   88  scholarships shall be reported separately from other students
   89  reported for purposes of the Florida Education Finance Program.
   90         2.For program participants who are eligible under sub
   91  subparagraph (2)(a)2.b., the school district that is used as the
   92  basis for the calculation of the scholarship amount as provided
   93  in subparagraph (a)3. shall:
   94         a.Report to the department all such students who are
   95  attending a private school under this program.
   96         2.b.The school district shall be held harmless for such
   97  students from the weighted enrollment ceiling for group 2
   98  programs in s. 1011.62(1)(d)3.b. during the first school year in
   99  which the students are reported.
  100         (d) Following notification on July 1, September 1, December
  101  1, or February 1 of the number of program participants, the
  102  department shall transfer, from General Revenue funds only, the
  103  amount calculated under paragraph (a) (b) from the school
  104  district’s total funding entitlement under the Florida Education
  105  Finance Program and from authorized categorical accounts to a
  106  separate account for the scholarship program for quarterly
  107  disbursement to the parents of participating students. Funds may
  108  not be transferred from any funding provided to the Florida
  109  School for the Deaf and the Blind for program participants who
  110  are eligible under sub-subparagraph (2)(a)2.b. For a student
  111  exiting a Department of Juvenile Justice commitment program who
  112  chooses to participate in the scholarship program, the amount of
  113  the John M. McKay scholarship calculated pursuant to paragraph
  114  (a) (b) shall be transferred from the school district in which
  115  the student last attended a public school before commitment to
  116  the Department of Juvenile Justice. When a student enters the
  117  scholarship program, the department must receive all
  118  documentation required for the student’s participation,
  119  including the private school’s and the student’s fee schedules,
  120  at least 30 days before the first quarterly scholarship payment
  121  is made for the student.
  122         (e) Upon notification by the department that it has
  123  received the documentation required under paragraph (d), the
  124  Chief Financial Officer shall make scholarship payments in four
  125  equal amounts no later than September 1, November 1, February 1,
  126  and April 1 of each academic year in which the scholarship is in
  127  force. The initial payment shall be made after department
  128  verification of admission acceptance, and subsequent payments
  129  shall be made upon verification of continued enrollment and
  130  attendance at the private school. Payment must be made by
  131  individual warrant made payable to the student’s parent and
  132  mailed by the department to the private school of the parent’s
  133  choice, and the parent shall restrictively endorse the warrant
  134  to the private school for deposit into the account of the
  135  private school.
  136         (f) Subsequent to each scholarship payment, the department
  137  shall request from the Department of Financial Services a sample
  138  of endorsed warrants to review and confirm compliance with
  139  endorsement requirements.
  140         (14)REPEAL.—This section is repealed July 1, 2022.
  141         Section 4. Section 1002.394, Florida Statutes, is amended
  142  to read:
  143         1002.394 The Family Empowerment Scholarship Program.—
  144         (1) PURPOSE.—The Family Empowerment Scholarship Program is
  145  established to provide children of families in this state which
  146  have limited financial resources with educational options to
  147  achieve success in their education.
  148         (2) DEFINITIONS.—As used in this section, the term:
  149         (a)“Approved provider” means a provider approved by the
  150  Agency for Persons with Disabilities, a health care practitioner
  151  as defined in s. 456.001, or a provider approved by the
  152  department pursuant to s. 1002.66.
  153         (b)“Curriculum” means a complete course of study for a
  154  particular content area or grade level, including any required
  155  supplemental materials and associated online instruction.
  156         (c)(a) “Department” means the Department of Education.
  157         (d)“Disability” means, for a 3- or 4-year-old child or for
  158  a student in kindergarten to grade 12, autism spectrum disorder,
  159  as defined in the Diagnostic and Statistical Manual of Mental
  160  Disorders, Fifth Edition, published by the American Psychiatric
  161  Association; cerebral palsy, as defined in s. 393.063; Down
  162  syndrome, as defined in s. 393.063; an intellectual disability,
  163  as defined in s. 393.063; a speech impairment; a language
  164  impairment; an orthopedic impairment; any other health
  165  impairment; an emotional or a behavioral disability; a specific
  166  learning disability, including, but not limited to, dyslexia,
  167  dyscalculia, or developmental aphasia; Phelan-McDermid syndrome,
  168  as defined in s. 393.063; Prader-Willi syndrome, as defined in
  169  s. 393.063; spina bifida, as defined in s. 393.063; being a
  170  high-risk child, as defined in s. 393.063(23)(a); muscular
  171  dystrophy; Williams syndrome; rare diseases which affect patient
  172  populations of fewer than 200,000 individuals in the United
  173  States, as defined by the National Organization for Rare
  174  Disorders; anaphylaxis; a hearing impairment, including
  175  deafness; a visual impairment, including blindness; traumatic
  176  brain injury; hospital or homebound; or identification as dual
  177  sensory impaired, as defined by rules of the State Board of
  178  Education and evidenced by reports from local school districts.
  179  The term “hospital or homebound” includes a student who has a
  180  medically diagnosed physical or psychiatric condition or
  181  illness, as defined by the state board in rule, and who is
  182  confined to the home or hospital for more than 6 months.
  183         (e)(b) “Eligible nonprofit scholarship-funding
  184  organization” or “organization” has the same meaning as provided
  185  in s. 1002.395(2)(f).
  186         (f)“Eligible postsecondary educational institution” means
  187  a Florida College System institution; a state university; a
  188  school district technical center; a school district adult
  189  general education center; an independent college or university
  190  that is eligible to participate in the William L. Boyd, IV,
  191  Effective Access to Student Education Grant Program under s.
  192  1009.89; or an accredited independent postsecondary educational
  193  institution, as defined in s. 1005.02, which is licensed to
  194  operate in this state under part III of chapter 1005.
  195         (g)(c) “Eligible private school” has the same meaning as
  196  provided in s. 1002.395(2)(g).
  197         (h)“IEP” means an individual education plan, regardless of
  198  whether the plan has been reviewed or revised within the last 12
  199  months.
  200         (i)“Inactive” means that no eligible expenditures have
  201  been made from an account funded pursuant to paragraph (12)(b).
  202         (j)“Job coach” means an individual employed to help people
  203  with disabilities learn, accommodate to, and perform their work
  204  duties.
  205         (k)(d) “Parent” means a resident of this state who is a
  206  parent, as defined in s. 1000.21.
  207         (l)(e) “Program” means the Family Empowerment Scholarship
  208  Program.
  209         (3) INITIAL SCHOLARSHIP ELIGIBILITY.—A student is eligible
  210  for a Family Empowerment Scholarship under this section if the
  211  student meets the following criteria:
  212         (a) A parent of a student may request and receive from the
  213  state a scholarship for the purposes specified in paragraph
  214  (4)(a) if:
  215         1. The student is on the direct certification list pursuant
  216  to s. 1002.395(2)(c) or the student’s household income level
  217  does not exceed 185 percent of the federal poverty level;
  218         2. The student is currently placed, or during the previous
  219  state fiscal year was placed, in foster care or in out-of-home
  220  care as defined in s. 39.01; or
  221         3. The student’s household income level does not exceed 375
  222  300 percent of the federal poverty level or an adjusted maximum
  223  percent of the federal poverty level that is increased by 25
  224  percentage points in the fiscal year following any fiscal year
  225  in which more than 5 percent of the available scholarships
  226  authorized under paragraph (12)(a) have not been funded;
  227         4.The student is a sibling of a student who is
  228  participating in the scholarship program under this subsection
  229  and such siblings reside in the same household; or
  230         5.The student is a dependent child of a member of the
  231  United States Armed Forces.
  232  
  233  Priority must be given to a student whose household income level
  234  does not exceed 185 percent of the federal poverty level or who
  235  is in foster care or out-of-home care as established pursuant to
  236  paragraph (e). A student who initially receives a scholarship
  237  based on eligibility under subparagraph 2. remains eligible to
  238  participate until the student graduates from high school or
  239  attains the age of 21 years, whichever occurs first, regardless
  240  of the student’s household income level. A sibling of a student
  241  who is participating in the scholarship program under this
  242  subsection is eligible for a scholarship if the student resides
  243  in the same household as the sibling.
  244         (b) A parent of a student with a disability may request and
  245  receive from the state a scholarship for the purposes specified
  246  in paragraph (4)(b) if the student:
  247         1.Is a resident of this state;
  248         2.Is 3 or 4 years of age on or before September 1 of the
  249  year in which the student applies for program participation, or
  250  is eligible to enroll in kindergarten through grade 12 in a
  251  public school in this state;
  252         3.Has a disability as defined in subsection (2); and
  253         4.Is the subject of an IEP written in accordance with
  254  rules of the State Board of Education or with the applicable
  255  rules of another state or has received a diagnosis of a
  256  disability from a physician who is licensed under chapter 458 or
  257  chapter 459, a psychologist who is licensed under chapter 490,
  258  or a physician who holds an active license issued by another
  259  state or territory of the United States, the District of
  260  Columbia, or the Commonwealth of Puerto Rico.
  261         (c)An approved student who does not receive a scholarship
  262  must be placed on the wait list in the order in which the
  263  student is approved. An eligible student who does not receive a
  264  scholarship within the fiscal year must be retained on the wait
  265  list for the subsequent year.
  266         1.The student is eligible to enroll in kindergarten;
  267         2.The student has spent the prior school year in
  268  attendance at a Florida public school; or
  269         3.Beginning with the 2020-2021 school year, the student
  270  received a scholarship pursuant to s. 1002.395 during the
  271  previous school year but did not receive a renewal scholarship
  272  based solely on the eligible nonprofit scholarship-funding
  273  organization’s lack of available funds after the organization
  274  fully exhausts its efforts to use funds available for awards
  275  under ss. 1002.395 and 1002.40(11)(i). Eligible nonprofit
  276  scholarship-funding organizations with students who meet the
  277  eligibility criterion of this subparagraph must annually notify
  278  the department in a format and by a date established by the
  279  department.
  280  
  281  For purposes of this paragraph, the term “prior school year in
  282  attendance” means that the student was enrolled full time and
  283  reported by a school district for funding during the preceding
  284  October and February Florida Education Finance Program surveys
  285  in kindergarten through grade 12, which includes time spent in a
  286  Department of Juvenile Justice commitment program if funded
  287  under the Florida Education Finance Program. However, a
  288  dependent child of a member of the United States Armed Forces
  289  who transfers to a school in this state from out of state or
  290  from a foreign country due to a parent’s permanent change of
  291  station orders or a foster child is exempt from the prior public
  292  school attendance requirement under this paragraph, but must
  293  meet the other eligibility requirements specified under this
  294  section to participate in the program.
  295         (c)The parent has obtained acceptance for admission of the
  296  student to a private school that is eligible for the program
  297  under subsection (8), and the parent has requested a scholarship
  298  from the Department of Education by a date established by the
  299  department pursuant to paragraph (7)(e), but no later than at
  300  least 60 days before the date of the first scholarship payment.
  301  The request must be communicated directly to the department in a
  302  manner that creates a written or electronic record of the
  303  request and the date of receipt of the request. The department
  304  must notify the school district of the parent’s intent upon
  305  receipt of the parent’s request.
  306         (d)The student is awarded a scholarship in accordance with
  307  the following priority order:
  308         1.An eligible student who received a Family Empowerment
  309  Scholarship during the previous school year and requested a
  310  renewal scholarship award.
  311         2.An eligible student who meets the criteria for an
  312  initial award under both paragraph (a) and subparagraph (b)3.
  313         3.An eligible student who meets the criteria for an
  314  initial award under subparagraph (b)2. and either subparagraph
  315  (a)1. or subparagraph (a)2.
  316         4.An eligible student who meets the criteria for an
  317  initial award under subparagraph (b)1. and either subparagraph
  318  (a)1. or subparagraph (a)2.
  319         5.An eligible student who meets the criteria for an
  320  initial award under subparagraph (a)3. and, in priority order,
  321  either subparagraph (b)2. or subparagraph (b)1.
  322         (e)The student’s household income level does not exceed an
  323  adjusted maximum percent of the federal poverty level that is
  324  increased by 25 percent in the fiscal year following any fiscal
  325  year in which more than 5 percent of the available scholarships
  326  authorized under subsection (11) have not been awarded.
  327         (4)AUTHORIZED USES OF PROGRAM FUNDS.—
  328         (a)Program funds awarded to a student determined eligible
  329  pursuant to paragraph (3)(a) may be used for:
  330         1.Tuition and fees at an eligible private school; or
  331         2.Transportation to a Florida public school in which a
  332  student is enrolled and which is different from the school to
  333  which the student was assigned or to a lab school as defined in
  334  s. 1002.32 if the student is determined eligible pursuant to
  335  subparagraph (3)(a)1. or 2.
  336         (b)Program funds awarded to a student with a disability
  337  determined eligible pursuant to paragraph (3)(b) may be used for
  338  the following purposes:
  339         1.Instructional materials, including digital devices,
  340  digital periphery devices, and assistive technology devices that
  341  allow a student to access instruction or instructional content
  342  and training on the use of and maintenance agreements for these
  343  devices.
  344         2.Curriculum as defined in subsection (2).
  345         3.Specialized services by approved providers or by a
  346  hospital in this state which are selected by the parent. These
  347  specialized services may include, but are not limited to:
  348         a.Applied behavior analysis services as provided in ss.
  349  627.6686 and 641.31098.
  350         b.Services provided by speech-language pathologists as
  351  defined in s. 468.1125(8).
  352         c.Occupational therapy services as defined in s. 468.203.
  353         d.Services provided by physical therapists as defined in
  354  s. 486.021(8).
  355         e.Services provided by listening and spoken language
  356  specialists and an appropriate acoustical environment for a
  357  child who has a hearing impairment, including deafness, and who
  358  has received an implant or assistive hearing device.
  359         4.Tuition or fees associated with full-time or part-time
  360  enrollment in a home education program, an eligible private
  361  school, an eligible postsecondary educational institution or a
  362  program offered by the postsecondary educational institution, a
  363  private tutoring program authorized under s. 1002.43, a virtual
  364  program offered by a department-approved private online provider
  365  that meets the provider qualifications specified in s.
  366  1002.45(2)(a), the Florida Virtual School as a private paying
  367  student, or an approved online course offered pursuant to s.
  368  1003.499 or s. 1004.0961.
  369         5.Fees for nationally standardized, norm-referenced
  370  achievement tests, Advanced Placement Examinations, industry
  371  certification examinations, assessments related to postsecondary
  372  education, or other assessments.
  373         6.Contributions to the Stanley G. Tate Florida Prepaid
  374  College Program pursuant to s. 1009.98 or the Florida College
  375  Savings Program pursuant to s. 1009.981 for the benefit of the
  376  eligible student.
  377         7.Contracted services provided by a public school or
  378  school district, including classes. A student who receives
  379  services under a contract under this paragraph is not considered
  380  enrolled in a public school for eligibility purposes as
  381  specified in subsection (6).
  382         8.Tuition and fees for part-time tutoring services
  383  provided by a person who holds a valid Florida educator’s
  384  certificate pursuant to s. 1012.56, a person who holds an
  385  adjunct teaching certificate pursuant to s. 1012.57, a person
  386  who has a bachelor’s degree or a graduate degree in the subject
  387  area in which instruction is given, a person who has
  388  demonstrated a mastery of subject area knowledge pursuant to s.
  389  1012.56(5), or a person certified by a nationally or
  390  internationally recognized research-based training program as
  391  approved by the department. As used in this paragraph, the term
  392  “part-time tutoring services” does not qualify as regular school
  393  attendance as defined in s. 1003.01(13)(e).
  394         9.Fees for specialized summer education programs.
  395         10.Fees for specialized after-school education programs.
  396         11.Transition services provided by job coaches.
  397         12.Fees for an annual evaluation of educational progress
  398  by a state-certified teacher under s. 1002.41(1)(f), if this
  399  option is chosen for a home education student.
  400         13.Tuition and fees associated with programs offered by
  401  Voluntary Prekindergarten Education Program providers approved
  402  pursuant to s. 1002.55 and school readiness providers approved
  403  pursuant to s. 1002.88.
  404         14.Fees for services provided at a center that is a member
  405  of the Professional Association of Therapeutic Horsemanship
  406  International.
  407         15.Fees for services provided by a therapist who is
  408  certified by the Certification Board for Music Therapists or
  409  credentialed by the Art Therapy Credentials Board, Inc.
  410         (5)(4) TERM OF SCHOLARSHIP.—
  411         (a) For purposes of continuity of educational choice:, a
  412  Family Empowerment Scholarship
  413         (a)A scholarship awarded to an eligible student pursuant
  414  to paragraph (3)(a) shall remain in force until the student
  415  returns to a public school, graduates from high school, or
  416  reaches the age of 21, whichever occurs first. A scholarship
  417  student who enrolls in a public school or public school program
  418  is considered to have returned to a public school for the
  419  purpose of determining the end of the scholarship’s term.
  420  However, if a student enters a Department of Juvenile Justice
  421  detention center for a period of no more than 21 days, the
  422  student is not considered to have returned to a public school
  423  for that purpose.
  424         (b)1.A scholarship awarded to an eligible student pursuant
  425  to paragraph (3)(b) shall remain in force until:
  426         a.The parent does not renew program eligibility;
  427         b.The organization determines that the student is not
  428  eligible for program renewal;
  429         c.The Commissioner of Education suspends or revokes
  430  program participation or use of funds;
  431         d.The student’s parent forfeits participation in the
  432  program for failure to comply with subsection (10);
  433         e.The student enrolls in a public school; or
  434         f.The student graduates from high school or attains 22
  435  years of age, whichever occurs first.
  436         2.Reimbursements for program expenditures may continue
  437  until the account balance is expended or the account is closed.
  438         3.A student’s scholarship account must be closed and any
  439  remaining funds, including, but not limited to, contributions
  440  made to the Stanley G. Tate Florida Prepaid College Program or
  441  earnings from or contributions made to the Florida College
  442  Savings Program using program funds pursuant to subparagraph
  443  (4)(b)6., shall revert to the state after:
  444         a.Denial or revocation of program eligibility by the
  445  commissioner for fraud or abuse, including, but not limited to,
  446  the student or student’s parent accepting any payment, refund,
  447  or rebate, in any manner, from a provider of any services
  448  received pursuant to subsection (4);
  449         b.Any period of 3 consecutive years after high school
  450  completion or graduation during which the student has not been
  451  enrolled in an eligible postsecondary educational institution or
  452  a program offered by the institution; or
  453         c.Two consecutive fiscal years in which an account has
  454  been inactive.
  455         (c) Upon reasonable notice to the organization department
  456  and the school district, the student’s parent may remove the
  457  student from the private school and place the student in a
  458  public school in accordance with this section.
  459         (d)(c) Upon reasonable notice to the organization
  460  department, the student’s parent may move the student from one
  461  participating private school to another participating private
  462  school.
  463         (6)(5) SCHOLARSHIP PROHIBITIONS.—A student is not eligible
  464  for a Family Empowerment Scholarship while he or she is:
  465         (a) Enrolled in a public school, including, but not limited
  466  to, the Florida School for the Deaf and the Blind, the College
  467  Preparatory Boarding Academy, a developmental research school
  468  authorized under s. 1002.32, or a charter school authorized
  469  under this chapter. For purposes of this paragraph, a 3- or 4
  470  year-old child who receives services funded through the Florida
  471  Education Finance Program is considered to be a student enrolled
  472  in a public school;
  473         (b) Enrolled in a school operating for the purpose of
  474  providing educational services to youth in a Department of
  475  Juvenile Justice commitment program;
  476         (c) Receiving any other educational scholarship pursuant to
  477  this chapter;
  478         (d)Not having regular and direct contact with his or her
  479  private school teachers pursuant to s. 1002.421(1)(i), unless he
  480  or she is eligible pursuant to paragraph (3)(b) and enrolled in
  481  the private school’s transition-to-work program pursuant to
  482  subsection (16) or a home education program pursuant to s.
  483  1002.41;
  484         (d)Participating in a home education program as defined in
  485  s. 1002.01(1);
  486         (e) Participating in a private tutoring program pursuant to
  487  s. 1002.43 unless he or she is determined eligible pursuant to
  488  paragraph (3)(b); or
  489         (f) Participating in a virtual instruction pursuant to s.
  490  1002.455 school, correspondence school, or distance learning
  491  program that receives state funding pursuant to the student’s
  492  participation.
  493         (7)(6) SCHOOL DISTRICT OBLIGATIONS.—
  494         (a) By January July 15, 2019, and by April 1 of each year
  495  thereafter, a school district shall inform all households within
  496  the district receiving free or reduced-priced meals under the
  497  National School Lunch Act of their eligibility to apply to the
  498  department for a Family Empowerment Scholarship. The form of
  499  such notice shall be provided by the department, and the school
  500  district shall include the provided form in any normal
  501  correspondence with eligible households. Such notice is limited
  502  to once a year.
  503         (b)1.The parent of a student with a disability who does
  504  not have an IEP in accordance with subparagraph (3)(b)4. or who
  505  seeks a reevaluation of an existing IEP may request an IEP
  506  meeting and evaluation from the school district in order to
  507  obtain or revise a matrix of services. The school district shall
  508  notify a parent who has made a request for an IEP that the
  509  district is required to complete the IEP and matrix of services
  510  within 30 days after receiving notice of the parent’s request.
  511  The school district shall conduct a meeting and develop an IEP
  512  and a matrix of services within 30 days after receipt of the
  513  parent’s request in accordance with State Board of Education
  514  rules. The district must accept the diagnosis, and consider the
  515  service plan of the licensed professional providing the
  516  diagnosis pursuant to subparagraph (3)(b)4. The school district
  517  must complete a matrix that assigns the student to one of the
  518  levels of service as they existed before the 2000-2001 school
  519  year.
  520         2.a.The school district must provide the student’s parent
  521  and the department with the student’s matrix level within 10
  522  calendar days after its completion.
  523         b.The department shall notify the parent and the
  524  organization of the amount of the funds awarded within 10 days
  525  after receiving the school district’s notification of the
  526  student’s matrix level.
  527         c.A school district may change a matrix of services only
  528  if the change is a result of an IEP reevaluation or to correct a
  529  technical, typographical, or calculation error.
  530         (c)1.Within 10 days after an IEP meeting is held, a school
  531  district shall notify the parent of a student of all options
  532  available pursuant to this section and offer that student’s
  533  parent an opportunity to enroll the student in another public
  534  school in the school district.
  535         2.The parent is not required to accept the offer of
  536  enrolling the student in another public school in lieu of
  537  requesting a scholarship. However, if the parent chooses the
  538  public school option, the student may continue attending the
  539  public school chosen by the parent until the student graduates
  540  from high school.
  541         3.The parent may choose another public school in the
  542  school district, and the school district shall provide
  543  transportation to the public school selected by the parent.
  544         4.The parent may choose, as an alternative, to enroll the
  545  student in and transport the student to a public school in an
  546  adjacent school district that has available space and has a
  547  program with the services agreed to in the student’s IEP already
  548  in place, and that school district shall accept the student and
  549  report the student for purposes of the school district’s funding
  550  pursuant to the Florida Education Finance Program.
  551         (d)(b) The school district in which a participating student
  552  resides must notify the student and his or her parent about the
  553  locations and times to take all statewide assessments under s.
  554  1008.22 if the student chooses to participate in such
  555  assessments. Upon the request of the department, a school
  556  district shall coordinate with the department to provide to a
  557  participating private school the statewide assessments
  558  administered under s. 1008.22 and any related materials for
  559  administering the assessments. For a student who participates in
  560  the Family Empowerment Scholarship Program whose parent requests
  561  that the student take the statewide assessments under s.
  562  1008.22, the district in which the student attends a private
  563  school shall provide locations and times to take all statewide
  564  assessments. A school district is responsible for implementing
  565  test administrations at a participating private school,
  566  including the:
  567         1. Provision of training for private school staff on test
  568  security and assessment administration procedures;
  569         2. Distribution of testing materials to a private school;
  570         3. Retrieval of testing materials from a private school;
  571         4. Provision of the required format for a private school to
  572  submit information to the district for test administration and
  573  enrollment purposes; and
  574         5. Provision of any required assistance, monitoring, or
  575  investigation at a private school.
  576         (e)(c) Each school district must publish information about
  577  the Family Empowerment Scholarship Program on the district’s
  578  website homepage. At a minimum, the published information must
  579  include a website link to the Family Empowerment Scholarship
  580  Program published on the Department of Education website as well
  581  as a telephone number and e-mail that students and parents may
  582  use to contact relevant personnel in the school district to
  583  obtain information about the scholarship.
  584         (f)A school district shall report all students who are
  585  receiving a scholarship under this program. Students receiving a
  586  scholarship shall be reported separately from other students
  587  reported for purposes of the Florida Education Finance Program.
  588         (g)A school district shall be held harmless for students
  589  who are receiving a scholarship under this program from the
  590  weighted enrollment ceiling for group 2 programs in s.
  591  1011.62(1)(d)3.b. during the first school year in which the
  592  students are reported.
  593         (8)(7) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
  594  shall:
  595         (a) The department shall:
  596         1. Publish and update, as necessary, information on the
  597  department website about the Family Empowerment Scholarship
  598  Program, including, but not limited to, student eligibility
  599  criteria, parental responsibilities, and relevant data.
  600         2.(b) Cross-check before each distribution of funds the
  601  list of participating scholarship students with the public
  602  school enrollment lists before each scholarship payment to avoid
  603  duplication.
  604         3.(c) Maintain and publish a list of nationally norm
  605  referenced tests identified for purposes of satisfying the
  606  testing requirement in subparagraph (9)(c)1. (8)(c)1. The tests
  607  must meet industry standards of quality in accordance with state
  608  board rule.
  609         4.(d) Notify eligible nonprofit scholarship-funding
  610  organizations of the deadlines for submitting the verified list
  611  of students determined to be eligible for a an initial or
  612  renewal scholarship.
  613         5.Notify each school district of a parent’s participation
  614  in the scholarship program for purposes of paragraph (7)(f).
  615         6.Deny or terminate program participation upon a parent’s
  616  failure to comply with subsection (10).
  617         7.Notify the parent and the organization when a
  618  scholarship account is closed and program funds revert to the
  619  state.
  620         8.Notify an eligible nonprofit scholarship-funding
  621  organization of any of the organization’s or other
  622  organization’s identified students who are receiving
  623  scholarships under this chapter.
  624         9.Maintain on its website a list of approved providers as
  625  required by s. 1002.66, eligible postsecondary educational
  626  institutions, eligible private schools, and eligible
  627  organizations and may identify or provide links to lists of
  628  other approved providers.
  629         10.Require each organization to verify eligible
  630  expenditures before the distribution of funds for any
  631  expenditures made pursuant to subparagraphs (4)(b)1. and 2.
  632  Review of expenditures made for services specified in
  633  subparagraphs (4)(b)3.-15. may be completed after the purchase
  634  is made.
  635         11.Investigate any written complaint of a violation of
  636  this section by a parent, a student, a private school, a public
  637  school, a school district, an organization, a provider, or
  638  another appropriate party in accordance with the process
  639  established under s. 1002.421.
  640         12.Require quarterly reports by an organization, which
  641  must include, at a minimum, the number of students participating
  642  in the program; the demographics of program participants; the
  643  disability category of program participants; the matrix level of
  644  services, if known; the program award amount per student; the
  645  total expenditures for the purposes specified in paragraph
  646  (4)(b); the types of providers of services to students; and any
  647  other information deemed necessary by the department.
  648         13.Notify eligible nonprofit scholarship funding
  649  organizations that scholarships may not be awarded in a school
  650  district in which the award will exceed 99 percent of the school
  651  district’s share of state funding through the Florida Education
  652  Finance Program as calculated by the department.
  653         (b)At the direction of the Commissioner of Education, the
  654  department may:
  655         1.Suspend or revoke program participation or use of
  656  program funds by the student or participation or eligibility of
  657  an organization, eligible postsecondary educational institution,
  658  approved provider, or other party for a violation of this
  659  section.
  660         2.Determine the length of, and conditions for lifting, a
  661  suspension or revocation specified in this paragraph.
  662         3.Recover unexpended program funds or withhold payment of
  663  an equal amount of program funds to recover program funds that
  664  were not authorized for use.
  665  
  666  In determining whether to suspend or revoke participation or
  667  lift a suspension or revocation in accordance with this
  668  paragraph, the department may consider factors that include, but
  669  are not limited to, acts or omissions that led to a previous
  670  suspension or revocation of participation in a state or federal
  671  program or an education scholarship program; failure to
  672  reimburse the organization for funds improperly received or
  673  retained; failure to reimburse government funds improperly
  674  received or retained; imposition of a prior criminal sanction
  675  related to the person or entity or its officers or employees;
  676  imposition of a civil fine or administrative fine, license
  677  revocation or suspension, or program eligibility suspension,
  678  termination, or revocation related to a person’s or entity’s
  679  management or operation; or other types of criminal proceedings
  680  in which the person or entity or its officers or employees were
  681  found guilty of, regardless of adjudication, or entered a plea
  682  of nolo contendere or guilty to, any offense involving fraud,
  683  deceit, dishonesty, or moral turpitude.
  684         (e)Establish deadlines for the receipt of initial
  685  applications and renewal notifications in order to implement the
  686  priority order for scholarship awards pursuant to paragraph
  687  (3)(d).
  688         (9)(8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
  689  eligible to participate in the Family Empowerment Scholarship
  690  Program, a private school may be sectarian or nonsectarian and
  691  must:
  692         (a) Comply with all requirements for private schools
  693  participating in state school choice scholarship programs
  694  pursuant to s. 1002.421.
  695         (b) Provide to the organization department all
  696  documentation required for a student’s participation, including
  697  the private school’s and student’s fee schedules, at least 30
  698  days before any quarterly scholarship payment is made for the
  699  student pursuant to paragraph (12)(a) (11)(f). A student is not
  700  eligible to receive a quarterly scholarship payment if the
  701  private school fails to meet this deadline.
  702         (c)1. Annually administer or make provision for students
  703  participating in the program in grades 3 through 10 to take one
  704  of the nationally norm-referenced tests that are identified by
  705  the department pursuant to paragraph (8)(a) (7)(c) or to take
  706  the statewide assessments pursuant to s. 1008.22. Students with
  707  disabilities for whom the physician or psychologist who issued
  708  the diagnosis or the IEP team determines that standardized
  709  testing is not appropriate are exempt from this requirement. A
  710  participating private school shall report a student’s scores to
  711  his or her parent. By August 15 of each year, a participating
  712  private school must report the scores of all participating
  713  students to a state university as described in s.
  714  1002.395(9)(f).
  715         2. Administer the statewide assessments pursuant to s.
  716  1008.22 if the private school chooses to offer the statewide
  717  assessments. A participating private school may choose to offer
  718  and administer the statewide assessments to all students who
  719  attend the private school in grades 3 through 10 and must submit
  720  a request in writing to the department by March 1 of each year
  721  in order to administer the statewide assessments in the
  722  subsequent school year.
  723  
  724  If a private school fails to meet the requirements of this
  725  subsection or s. 1002.421, the commissioner may determine that
  726  the private school is ineligible to participate in the
  727  scholarship program.
  728         (10)(9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
  729  PARTICIPATION.—
  730         (a) A parent who applies for program participation under
  731  paragraph (3)(a) a Family Empowerment Scholarship is exercising
  732  his or her parental option to place his or her child in a
  733  private school and must:.
  734         1.(a)The parent must Select the private school and apply
  735  for the admission of his or her student.
  736         2.(b)The parent must Request the scholarship by a date
  737  established by the organization, in a manner that creates a
  738  written or electronic record of the request and the date of
  739  receipt of the request at least 60 days before the date of the
  740  first scholarship payment.
  741         3.(c)The parent must Inform the applicable school district
  742  when the parent withdraws his or her student from a public
  743  school to attend an eligible private school.
  744         4.(d)Require his or her Any student participating in the
  745  program to must remain in attendance throughout the school year
  746  unless excused by the school for illness or other good cause.
  747         5.(e)Before enrolling in a private school, a student and
  748  his or her parent or guardian must Meet with the private
  749  school’s principal or the principal’s designee to review the
  750  school’s academic programs and policies, customized educational
  751  programs, code of student conduct, and attendance policies prior
  752  to enrollment.
  753         6.(f)Require The parent shall ensure that the student
  754  participating in the scholarship program takes the norm
  755  referenced assessment offered by the private school. The parent
  756  may also choose to have the student participate in the statewide
  757  assessments pursuant to paragraph (7)(d) (6)(b).
  758         (g) If the parent requests that the student participating
  759  in the program take all statewide assessments required pursuant
  760  to s. 1008.22, the parent is responsible for transporting the
  761  student to the assessment site designated by the school
  762  district.
  763         7.(h)Upon receipt of a scholarship warrant, the parent to
  764  whom the warrant is issued must Restrictively endorse the
  765  warrant, issued in the name of the parent pursuant to
  766  subparagraph (12)(a)6., to the private school for deposit into
  767  the private school’s account. The parent may not designate any
  768  entity or individual associated with the participating private
  769  school as the parent’s attorney in fact to endorse a scholarship
  770  warrant. A participant who fails to comply with this paragraph
  771  forfeits the scholarship.
  772         (b)A parent who applies for program participation under
  773  paragraph (3)(b) is exercising his or her parental option to
  774  determine the appropriate placement or the services that best
  775  meet the needs of his or her child and must:
  776         1.Apply to an eligible nonprofit scholarship-funding
  777  organization to participate in the program by a date set by the
  778  organization. The request must be communicated directly to the
  779  organization in a manner that creates a written or electronic
  780  record of the request and the date of receipt of the request.
  781         2.Sign an agreement with the organization and annually
  782  submit a sworn compliance statement to the organization to
  783  satisfy or maintain program eligibility, including eligibility
  784  to receive and spend program payments by:
  785         a.Affirming that the student is enrolled in a program that
  786  meets regular school attendance requirements as provided in s.
  787  1003.01(13)(b), (c), or (d).
  788         b.Affirming that the program funds are used only for
  789  authorized purposes serving the student’s educational needs, as
  790  described in paragraph (4)(b); that any prepaid college plan or
  791  college savings plan funds contributed pursuant to subparagraph
  792  (4)(b)6. will not be transferred to another beneficiary while
  793  the plan contains funds contributed pursuant to this section;
  794  and that they will not receive a payment, refund, or rebate of
  795  any funds provided under this section.
  796         c.Affirming that the parent is responsible for all
  797  eligible expenses in excess of the amount of the scholarship and
  798  for the education of his or her student by, as applicable:
  799         (I)Requiring the student to take an assessment in
  800  accordance with paragraph (9)(c);
  801         (II)Providing an annual evaluation in accordance with s.
  802  1002.41(1)(f); or
  803         (III)Requiring the child to take any preassessments and
  804  postassessments selected by the provider if the child is 4 years
  805  of age and is enrolled in a program provided by an eligible
  806  Voluntary Prekindergarten Education Program provider. A student
  807  with disabilities for whom the physician or psychologist who
  808  issued the diagnosis or the IEP team determines that a
  809  preassessment and postassessment is not appropriate is exempt
  810  from this requirement. A participating provider shall report a
  811  student’s scores to the parent.
  812         d.Affirming that the student remains in good standing with
  813  the provider or school if those options are selected by the
  814  parent.
  815         e.Enrolling his or her child in a program from a Voluntary
  816  Prekindergarten Education Program provider authorized under s.
  817  1002.55, a school readiness provider authorized under s.
  818  1002.88, or an eligible private school if either option is
  819  selected by the parent.
  820         f.Renewing participation in the program each year. A
  821  student whose participation in the program is not renewed may
  822  continue to spend scholarship funds that are in his or her
  823  account from prior years unless the account must be closed
  824  pursuant to subparagraph (5)(b)3. Notwithstanding any changes to
  825  the student’s IEP, a student who was previously eligible for
  826  participation in the program shall remain eligible to apply for
  827  renewal. However, for a high-risk child to continue to
  828  participate in the program in the school year after he or she
  829  reaches 6 years of age, the child’s application for renewal of
  830  program participation must contain documentation that the child
  831  has a disability defined in paragraph (2)(d) other than high
  832  risk status.
  833         g.Procuring the services necessary to educate the student.
  834  If a parent does not procure the necessary educational services
  835  for the student and the student’s account has been inactive for
  836  2 consecutive fiscal years, the student is ineligible for
  837  additional scholarship payments until the scholarship funding
  838  organization verifies that expenditures from the account have
  839  occurred. When the student receives a scholarship, the district
  840  school board is not obligated to provide the student with a free
  841  appropriate public education. For purposes of s. 1003.57 and the
  842  Individuals with Disabilities in Education Act, a participating
  843  student has only those rights that apply to all other
  844  unilaterally parentally placed students, except that, when
  845  requested by the parent, school district personnel must develop
  846  an IEP or matrix level of services.
  847         (c)A participant who fails to comply with this subsection
  848  forfeits the scholarship.
  849         (i)The parent must annually renew participation in the
  850  program by the date established by the department pursuant to
  851  paragraph (7)(e).
  852         (11)(10) OBLIGATIONS OF ELIGIBLE SCHOLARSHIP-FUNDING
  853  ORGANIZATIONS.—
  854         (a) An eligible nonprofit scholarship-funding organization
  855  awarding scholarships to eligible students pursuant to paragraph
  856  (3)(a):
  857         1.(a)Must receive applications, determine student
  858  eligibility, notify parents in accordance with the requirements
  859  of this section, and provide the department with information on
  860  the student to enable the department to determine student
  861  funding in accordance with paragraph (12)(a).
  862         2. Shall verify the household income level of students
  863  pursuant to subparagraph (3)(a)1. and submit the verified list
  864  of students and related documentation to the department.
  865         3.(b) Shall award initial and renewal scholarships in
  866  priority order pursuant to paragraph (3)(a) (3)(d). The eligible
  867  nonprofit scholarship-funding organization shall implement the
  868  deadlines established by the department pursuant to paragraphs
  869  (7)(d) and (e).
  870         4.(c) May, from eligible contributions received pursuant to
  871  s. 1002.395(6)(j)1., use an amount not to exceed 2.5 1 percent
  872  of the total amount of all scholarships funded awarded under
  873  this section for administrative expenses associated with
  874  performing functions under this section. Such administrative
  875  expense amount is considered within the 3 percent limit on the
  876  total amount an organization may use to administer scholarships
  877  under this chapter.
  878         5.(d) Must, in a timely manner, submit any information
  879  requested by the department relating to the scholarship under
  880  this section.
  881         6.(e) Must notify the department about any violation of
  882  this section by a parent or a private school.
  883         (b)An eligible nonprofit scholarship-funding organization
  884  awarding scholarships to eligible students pursuant to paragraph
  885  (3)(b) shall:
  886         1.Receive applications, determine student eligibility, and
  887  notify parents in accordance with the requirements of this
  888  section. When an application is approved, the organization must
  889  provide the department with information on the student to enable
  890  the department to determine student funding in accordance with
  891  paragraph (12)(b).
  892         2.Establish a date by which a parent must confirm initial
  893  or continuing participation in the program.
  894         3.Review applications and award scholarships using the
  895  following priorities:
  896         a.For the 2021-2022 school year, a student who received a
  897  Gardiner Scholarship in the 2020-2021 school year and meets the
  898  eligibility requirements in paragraph (3)(b).
  899         b.Renewing students from the previous school year.
  900         c.Students retained on the previous school year’s wait
  901  list.
  902         d.An eligible student who meets the criteria for an
  903  initial award pursuant to paragraph (3)(b).
  904  
  905  An approved student who does not receive a scholarship must be
  906  placed on the wait list in the order in which his or her
  907  application is approved. A student who does not receive a
  908  scholarship within the fiscal year shall be retained on the wait
  909  list for the subsequent fiscal year.
  910         4.Establish and maintain separate accounts for each
  911  eligible student. For each account, the organization must
  912  maintain a record of accrued interest that is retained in the
  913  student’s account and available only for authorized program
  914  expenditures.
  915         5.Verify qualifying educational expenditures pursuant to
  916  the requirements of paragraph (4)(b).
  917         6.Return any remaining program funds to the department
  918  pursuant to paragraph (6)(b).
  919         7.Notify the parent about the availability of, and the
  920  requirements associated with requesting, an initial IEP or IEP
  921  reevaluation every 3 years for each student participating in the
  922  program.
  923         8.Notify the department of any violation of this section.
  924         9.Document each scholarship student’s eligibility for a
  925  fiscal year before granting a scholarship for that fiscal year
  926  pursuant to paragraph (3)(b). A student is ineligible for a
  927  scholarship if the student’s account has been inactive for 2
  928  consecutive fiscal years.
  929         (12)(11) SCHOLARSHIP FUNDING AND PAYMENT.—
  930         (a)1.Scholarships for students determined eligible
  931  pursuant to paragraph (3)(a) are The scholarship is established
  932  for up to 18,000 students annually beginning in the 2019-2020
  933  school year. Beginning in the 2020-2021 school year, the maximum
  934  number of students participating in the scholarship program
  935  under this section shall annually increase by 1.0 percent of the
  936  state’s total public school student enrollment. An eligible
  937  student who meets any of the following requirements shall be
  938  excluded from the maximum number of students if the student:
  939         a.Received a scholarship pursuant to s. 1002.395 during
  940  the previous school year but did not receive a renewal
  941  scholarship based solely on the eligible nonprofit scholarship
  942  funding organization’s lack of available funds after the
  943  organization fully exhausted its efforts to use funds available
  944  for awards under ss. 1002.395 and 1002.40(11)(i). Eligible
  945  nonprofit scholarship-funding organizations with students who
  946  meet the criterion in this subparagraph must annually notify the
  947  department in a format and by a date established by the
  948  department. The maximum number of scholarships awarded pursuant
  949  to this subparagraph may not exceed 15,000 per school year;
  950         b.Is a dependent child of a member of the United States
  951  Armed Forces, a foster child, or an adopted child; or
  952         c.Is determined eligible pursuant to subparagraph (3)(a)1.
  953  or 2. and either spent the prior school year in attendance at a
  954  Florida public school or, beginning in the 2022-2023 school
  955  year, is eligible to enroll in kindergarten. For purposes of
  956  this sub-subparagraph, the term “prior school year in
  957  attendance” means that the student was enrolled and reported by
  958  a school district for funding during either the preceding
  959  October or February Florida Education Finance Program surveys in
  960  kindergarten through grade 12, which includes time spent in a
  961  Department of Juvenile Justice commitment program if funded
  962  under the Florida Education Finance Program.
  963         2.(b) The scholarship amount provided to a student for any
  964  single school year shall be for tuition and fees for an eligible
  965  private school, not to exceed annual limits, which shall be
  966  determined in accordance with this subparagraph paragraph. The
  967  calculated amount for a participating student to attend an
  968  eligible private school shall be based upon the grade level and
  969  school district in which the student was assigned as 100 95
  970  percent of the funds per unweighted full-time equivalent in the
  971  Florida Education Finance Program for a student in the basic
  972  program established pursuant to s. 1011.62(1)(c)1., plus a per
  973  full-time equivalent share of funds for all categorical
  974  programs, except for the Exceptional Student Education
  975  Guaranteed Allocation.
  976         3.(c) The amount of the scholarship Family Empowerment
  977  Scholarship shall be the calculated amount or the amount of the
  978  private school’s tuition and fees, whichever is less. The amount
  979  of any assessment fee required by the participating private
  980  school and any costs to provide a digital device, including
  981  Internet access, if necessary, to the student may be paid from
  982  the total amount of the scholarship.
  983         4.A scholarship of $750 may be awarded to a student who is
  984  determined eligible pursuant to subparagraph (3)(a)1. or 2. and
  985  enrolled in a Florida public school that is different from the
  986  school to which the student was assigned or in a lab school as
  987  defined in s. 1002.32 if the school district does not provide
  988  the student with transportation to the school.
  989         (d)The school district shall report all students who are
  990  attending a private school under this program. The students
  991  attending private schools on Family Empowerment Scholarships
  992  shall be reported separately from other students reported for
  993  purposes of the Florida Education Finance Program.
  994         5.(e)Upon Following notification from the organization on
  995  July 1, September 1, December 1, and or February 1 that an
  996  application has been approved for the program of the number of
  997  program participants, the department shall verify that the
  998  student is not prohibited from receiving a scholarship pursuant
  999  to subsection (6). The organization must provide the department
 1000  with the documentation necessary to verify the student’s
 1001  participation. Upon verification, the department shall transfer,
 1002  from state general revenue funds only, the amount calculated
 1003  pursuant to subparagraph 2. paragraph (b) to the organization a
 1004  separate account for the scholarship program for quarterly
 1005  disbursement to parents of participating students each school
 1006  year in which the scholarship is in force. For a student exiting
 1007  a Department of Juvenile Justice commitment program who chooses
 1008  to participate in the scholarship program, the amount of the
 1009  Family Empowerment Scholarship calculated pursuant to
 1010  subparagraph 2. paragraph (b) must be transferred from the
 1011  school district in which the student last attended a public
 1012  school before commitment to the Department of Juvenile Justice.
 1013  When a student enters the scholarship program, the organization
 1014  department must receive all documentation required for the
 1015  student’s participation, including the private school’s and the
 1016  student’s fee schedules, at least 30 days before the first
 1017  quarterly scholarship payment is made for the student.
 1018         6.(f)Upon notification by the department that it has
 1019  received the documentation required under paragraph (e), the
 1020  Chief Financial Officer shall make scholarship payments in four
 1021  equal amounts no later than September 1, November 1, February 1,
 1022  and April 1 of each school year in which the scholarship is in
 1023  force. The initial payment shall be made after the
 1024  organization’s department verification of admission acceptance,
 1025  and subsequent payments shall be made upon verification of
 1026  continued enrollment and attendance at the private school.
 1027  Payment must be by individual warrant made payable to the
 1028  student’s parent or by funds transfer or any other means of
 1029  payment that the department deems to be commercially viable or
 1030  cost-effective. If the payment is made by warrant, the warrant
 1031  must be delivered and mailed by the organization department to
 1032  the private school of the parent’s choice, and the parent shall
 1033  restrictively endorse the warrant to the private school. An
 1034  organization shall ensure that the parent to whom the warrant is
 1035  made has restrictively endorsed the warrant to the private
 1036  school for deposit into the account of the private school or
 1037  that the parent has approved a funds transfer before any
 1038  scholarship funds are deposited.
 1039         (g)Subsequent to each scholarship payment, the department
 1040  shall request from the Department of Financial Services a sample
 1041  of endorsed warrants to review and confirm compliance with
 1042  endorsement requirements.
 1043         (b)1.Scholarships for students determined eligible
 1044  pursuant to paragraph (3)(b) are established for up to 20,000
 1045  students annually beginning in the 2021-2022 school year.
 1046  Beginning in the 2022-2023 school year, the maximum number of
 1047  students participating in the scholarship program under this
 1048  section shall annually increase by 1.0 percent of the state’s
 1049  total exceptional student education full-time equivalent student
 1050  enrollment, not including gifted students. An eligible student
 1051  who meets any of the following requirements shall be excluded
 1052  from the maximum number of students if the student:
 1053         a.Received specialized instructional services under the
 1054  Voluntary Prekindergarten Education Program pursuant to s.
 1055  1002.66 during the previous school year and the student has a
 1056  current IEP developed by the local school board in accordance
 1057  with rules of the State Board of Education;
 1058         b.Is a dependent child of a member of the United States
 1059  Armed Forces, a foster child, or an adopted child;
 1060         c.Spent the prior school year in attendance at a Florida
 1061  public school or the Florida School for the Deaf and the Blind.
 1062  For purposes of this subparagraph, the term “prior school year
 1063  in attendance” means that the student was enrolled and reported
 1064  by:
 1065         (I)A school district for funding during either the
 1066  preceding October or February Florida Education Finance Program
 1067  surveys in kindergarten through grade 12, which includes time
 1068  spent in a Department of Juvenile Justice commitment program if
 1069  funded under the Florida Education Finance Program;
 1070         (II)The Florida School for the Deaf and the Blind during
 1071  the preceding October or February student membership surveys in
 1072  kindergarten through grade 12;
 1073         (III)A school district for funding during the preceding
 1074  October or February Florida Education Finance Program surveys,
 1075  was at least 4 years of age when enrolled and reported, and was
 1076  eligible for services under s. 1003.21(1)(e); or
 1077         (IV)Received a John M. McKay Scholarship for Students with
 1078  Disabilities in the 2021-2022 school year.
 1079         2.For a student who has a Level I to Level III matrix of
 1080  services or a diagnosis by a physician or psychologist, the
 1081  calculated scholarship amount for a student participating in the
 1082  program must be based upon the grade level and school district
 1083  in which the student would have been enrolled as the total funds
 1084  per unweighted full-time equivalent in the Florida Education
 1085  Finance Program for a student in the basic exceptional student
 1086  education program pursuant to s. 1011.62(1)(c)1. and (e)1.c.,
 1087  plus a per full-time equivalent share of funds for all
 1088  categorical programs, as funded in the General Appropriations
 1089  Act, except that for the exceptional student education
 1090  guaranteed allocation as provided in s. 1011.62(1)(e)1.c. and
 1091  2., the funds must be allocated based on the school district’s
 1092  average exceptional student education guaranteed allocation
 1093  funds per exceptional student education full-time equivalent
 1094  student.
 1095         3.For a student with a Level IV or Level V matrix of
 1096  services, the calculated scholarship amount must be based upon
 1097  the school district to which the student would have been
 1098  assigned as the total funds per full-time equivalent for the
 1099  Level IV or Level V exceptional student education program
 1100  pursuant to s. 1011.62(1)(c)2.a. or b., plus a per-full time
 1101  equivalent share of funds for all categorical programs, as
 1102  funded in the General Appropriations Act.
 1103         4.For a student who received a Gardiner Scholarship
 1104  pursuant to s. 1002.385 in the 2020-2021 school year, the amount
 1105  shall be the greater of the amount calculated pursuant to
 1106  subparagraph 2. or the amount the student received for the 2020
 1107  2021 school year.
 1108         5.For a student who received a John M. McKay Scholarship
 1109  pursuant to s. 1002.39 in the 2020-2021 school year, the amount
 1110  shall be the greater of the amount calculated pursuant to
 1111  subparagraph 2. or the amount the student received for the 2020
 1112  2021 school year.
 1113         6.Upon notification from an organization on July 1,
 1114  September 1, December 1, and February 1 that an application has
 1115  been approved for the program, the department shall verify that
 1116  the student is not prohibited from receiving a scholarship
 1117  pursuant to subsection (6). The organization must provide the
 1118  department with the documentation necessary to verify the
 1119  student’s participation.
 1120         7.Upon verification, the department shall release, from
 1121  state funds only, the student’s scholarship funds to the
 1122  organization, to be deposited into the student’s account in four
 1123  equal amounts no later than September 1, November 1, February 1,
 1124  and April 1 of each school year in which the scholarship is in
 1125  force.
 1126         8.Accrued interest in the student’s account is in addition
 1127  to, and not part of, the awarded funds. Program funds include
 1128  both the awarded funds and accrued interest.
 1129         9.The organization may develop a system for payment of
 1130  benefits by funds transfer, including, but not limited to, debit
 1131  cards, electronic payment cards, or any other means of payment
 1132  which the department deems to be commercially viable or cost
 1133  effective. A student’s scholarship award may not be reduced for
 1134  debit card or electronic payment fees. Commodities or services
 1135  related to the development of such a system must be procured by
 1136  competitive solicitation unless they are purchased from a state
 1137  term contract pursuant to s. 287.056.
 1138         10.Moneys received pursuant to this section do not
 1139  constitute taxable income to the qualified student or the parent
 1140  of the qualified student.
 1141         (13)(12) LIABILITY.—No liability shall arise on the part of
 1142  the state based on the award or use of a Family Empowerment
 1143  Scholarship.
 1144         (14)(13) SCOPE OF AUTHORITY.—The inclusion of eligible
 1145  private schools within the options available to Florida public
 1146  school students does not expand the regulatory authority of the
 1147  state, its officers, or any school district to impose any
 1148  additional regulation of private schools beyond those reasonably
 1149  necessary to enforce requirements expressly set forth in this
 1150  section.
 1151         (15)OBLIGATIONS RELATED TO APPROVED PROVIDERS.—The
 1152  Department of Health, the Agency for Persons with Disabilities,
 1153  and the Department of Education shall work with an organization
 1154  for easy or automated access to lists of licensed providers of
 1155  services specified in subparagraph (4)(b)3. to ensure efficient
 1156  administration of the program.
 1157         (16)TRANSITION-TO-WORK PROGRAM.—A student with a
 1158  disability who is determined eligible pursuant to paragraph
 1159  (3)(b) who is at least 17 years, but not older than 22 years of
 1160  age and who has not received a high school diploma or
 1161  certificate of completion is eligible for enrollment in his or
 1162  her private school’s transition-to-work program. A transition
 1163  to-work program shall consist of academic instruction, work
 1164  skills training, and a volunteer or paid work experience.
 1165         (a)To offer a transition-to-work program, a participating
 1166  private school must:
 1167         1.Develop a transition-to-work program plan, which must
 1168  include a written description of the academic instruction and
 1169  work skills training students will receive and the goals for
 1170  students in the program.
 1171         2.Submit the transition-to-work program plan to the Office
 1172  of Independent Education and Parental Choice.
 1173         3.Develop a personalized transition-to-work program plan
 1174  for each student enrolled in the program. The student’s parent,
 1175  the student, and the school principal must sign the personalized
 1176  plan. The personalized plan must be submitted to the Office of
 1177  Independent Education and Parental Choice upon request by the
 1178  office.
 1179         4.Provide a release of liability form that must be signed
 1180  by the student’s parent, the student, and a representative of
 1181  the business offering the volunteer or paid work experience.
 1182         5.Assign a case manager or job coach to visit the
 1183  student’s job site on a weekly basis to observe the student and,
 1184  if necessary, provide support and guidance to the student.
 1185         6.Provide to the parent and student a quarterly report
 1186  that documents and explains the student’s progress and
 1187  performance in the program.
 1188         7.Maintain accurate attendance and performance records for
 1189  the student.
 1190         (b)A student enrolled in a transition-to-work program
 1191  must, at a minimum:
 1192         1.Receive 15 instructional hours at the private school’s
 1193  physical facility, which must include academic instruction and
 1194  work skills training.
 1195         2.Participate in 10 hours of work at the student’s
 1196  volunteer or paid work experience.
 1197         (c)To participate in a transition-to-work program, a
 1198  business must:
 1199         1.Maintain an accurate record of the student’s performance
 1200  and hours worked and provide the information to the private
 1201  school.
 1202         2.Comply with all state and federal child labor laws.
 1203         (17)(14) RULES.—The State Board of Education shall adopt
 1204  rules pursuant to ss. 120.536(1) and 120.54 to administer this
 1205  section. The state board rules must include a requirement that
 1206  the department work collaboratively with an approved
 1207  scholarship-funding organization to expedite the process for the
 1208  verification and reporting obligations specified under
 1209  subsection (10).
 1210         (15)IMPLEMENTATION SCHEDULE FOR THE 2019-2020 SCHOOL
 1211  YEAR.—Notwithstanding the provisions of this section related to
 1212  notification requirements and eligibility timelines, for the
 1213  2019-2020 school year:
 1214         (a)A student is eligible for a Family Empowerment
 1215  Scholarship under this section if the student’s parent has
 1216  obtained acceptance of the student’s admission to a private
 1217  school that is eligible for the program under subsection (8),
 1218  and the parent has requested a scholarship from the Department
 1219  of Education no later than August 15, 2019. The request must be
 1220  communicated directly to the department in a manner that creates
 1221  a written or electronic record of the request and the date of
 1222  receipt of the request.
 1223         (b)The department shall expedite the publication of
 1224  information relevant to the Family Empowerment Scholarship
 1225  Program on the department’s website, including, but not limited
 1226  to, the eligibility criteria for students to qualify for the
 1227  scholarship under this section and how parents may request the
 1228  scholarship. The department must immediately notify the school
 1229  district of the parent’s intent upon receipt of the parent’s
 1230  request.
 1231         (c)Upon notification by the department that it has
 1232  received the documentation required under paragraph (10)(a), the
 1233  Chief Financial Officer shall make the first quarter payment of
 1234  scholarships no later than October 1, 2019.
 1235  
 1236  This subsection shall expire June 30, 2020.
 1237         Section 5. Paragraph (b) of subsection (3), paragraph (j)
 1238  of subsection (6), paragraph (c) of subsection (9), and
 1239  paragraph (a) of subsection (11) of section 1002.395, Florida
 1240  Statutes, are amended to read:
 1241         1002.395 Florida Tax Credit Scholarship Program.—
 1242         (3) PROGRAM; INITIAL SCHOLARSHIP ELIGIBILITY.—
 1243         (b) A student is eligible for a Florida tax credit
 1244  scholarship under this section if the student meets one or more
 1245  of the following criteria:
 1246         1. The student is on the direct certification list or the
 1247  student’s household income level does not exceed 375 260 percent
 1248  of the federal poverty level or an adjusted maximum percent of
 1249  the federal poverty level authorized under s. 1002.394(3)(a)3.;
 1250  or
 1251         2. The student is currently placed, or during the previous
 1252  state fiscal year was placed, in foster care or in out-of-home
 1253  care as defined in s. 39.01.
 1254  
 1255  Priority must be given to a student whose household income level
 1256  does not exceed 185 percent of the federal poverty level or who
 1257  is in foster care or out-of-home care. A student who initially
 1258  receives a scholarship based on eligibility under this paragraph
 1259  remains eligible to participate until he or she graduates from
 1260  high school or attains the age of 21 years, whichever occurs
 1261  first, regardless of the student’s household income level. A
 1262  sibling of a student who is participating in the scholarship
 1263  program under this subsection is eligible for a scholarship if
 1264  the student resides in the same household as the sibling.
 1265         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
 1266  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
 1267  organization:
 1268         (j)1. May use eligible contributions received pursuant to
 1269  this section and ss. 212.099, 212.1832, and 1002.40 during the
 1270  state fiscal year in which such contributions are collected for
 1271  administrative expenses if the organization has operated as an
 1272  eligible nonprofit scholarship-funding organization for at least
 1273  the preceding 3 fiscal years and did not have any findings of
 1274  material weakness or material noncompliance in its most recent
 1275  audit under paragraph (m). Administrative expenses from eligible
 1276  contributions may not exceed 3 percent of the total amount of
 1277  all scholarships funded awarded by an eligible scholarship
 1278  funding organization under this chapter. Such administrative
 1279  expenses must be reasonable and necessary for the organization’s
 1280  management and distribution of scholarships funded awarded under
 1281  this chapter. No funds authorized under this subparagraph shall
 1282  be used for lobbying or political activity or expenses related
 1283  to lobbying or political activity. Up to one-third of the funds
 1284  authorized for administrative expenses under this subparagraph
 1285  may be used for expenses related to the recruitment of
 1286  contributions from taxpayers. An eligible nonprofit scholarship
 1287  funding organization may not charge an application fee.
 1288         2. Must expend for annual or partial-year scholarships an
 1289  amount equal to or greater than 75 percent of the net eligible
 1290  contributions remaining after administrative expenses during the
 1291  state fiscal year in which such contributions are collected. No
 1292  more than 25 percent of such net eligible contributions may be
 1293  carried forward to the following state fiscal year. All amounts
 1294  carried forward, for audit purposes, must be specifically
 1295  identified for particular students, by student name and the name
 1296  of the school to which the student is admitted, subject to the
 1297  requirements of ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g,
 1298  and the applicable rules and regulations issued pursuant
 1299  thereto. Any amounts carried forward shall be expended for
 1300  annual or partial-year scholarships in the following state
 1301  fiscal year. No later than September 30 of each year, net
 1302  eligible contributions remaining on June 30 of each year that
 1303  are in excess of the 25 percent that may be carried forward
 1304  shall be used to provide scholarships to eligible students or
 1305  transferred to other eligible nonprofit scholarship-funding
 1306  organizations to provide scholarships for eligible students. All
 1307  transferred funds must be deposited by each eligible nonprofit
 1308  scholarship-funding organization receiving such funds into its
 1309  scholarship account. All transferred amounts received by any
 1310  eligible nonprofit scholarship-funding organization must be
 1311  separately disclosed in the annual financial audit required
 1312  under paragraph (m).
 1313         3. Must, before granting a scholarship for an academic
 1314  year, document each scholarship student’s eligibility for that
 1315  academic year. A scholarship-funding organization may not grant
 1316  multiyear scholarships in one approval process.
 1317  
 1318  Information and documentation provided to the Department of
 1319  Education and the Auditor General relating to the identity of a
 1320  taxpayer that provides an eligible contribution under this
 1321  section shall remain confidential at all times in accordance
 1322  with s. 213.053.
 1323         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
 1324  Education shall:
 1325         (c) Annually verify the eligibility of expenditures as
 1326  provided in paragraph (6)(d) using the audit required by
 1327  paragraph (6)(m) and s. 11.45(2)(l).
 1328         (11) SCHOLARSHIP AMOUNT AND PAYMENT.—
 1329         (a) The scholarship amount provided to any student for any
 1330  single school year by an eligible nonprofit scholarship-funding
 1331  organization from eligible contributions shall be for total
 1332  costs authorized under paragraph (6)(d), not to exceed annual
 1333  limits, which shall be determined as follows:
 1334         1. For a student who received a scholarship in the 2018
 1335  2019 school year, who remains eligible, and who is enrolled in
 1336  an eligible private school, the amount shall be the greater
 1337  amount calculated pursuant to subparagraph 2. or a percentage of
 1338  the unweighted FTE funding amount for the 2018-2019 state fiscal
 1339  year and thereafter as follows:
 1340         a. Eighty-eight percent for a student enrolled in
 1341  kindergarten through grade 5.
 1342         b. Ninety-two percent for a student enrolled in grade 6
 1343  through grade 8.
 1344         c. Ninety-six percent for a student enrolled in grade 9
 1345  through grade 12.
 1346         2. For students initially eligible in the 2019-2020 school
 1347  year or thereafter, the calculated amount for a student to
 1348  attend an eligible private school shall be calculated in
 1349  accordance with s. 1002.394(12)(a) based upon the grade level
 1350  and school district in which the student resides as 95 percent
 1351  of the funds per unweighted full-time equivalent in the Florida
 1352  Education Finance Program for a student in the basic program
 1353  established pursuant to s. 1011.62(1)(c)1., plus a per-full-time
 1354  equivalent share of funds for all categorical programs, except
 1355  for the Exceptional Student Education Guaranteed Allocation.
 1356         3. The scholarship amount awarded to a student enrolled in
 1357  a Florida public school in which a student is enrolled and that
 1358  is different from the school to which the student was assigned
 1359  or in a lab school as defined in s. 1002.32, is limited to $750.
 1360         Section 6. Paragraph (a) of subsection (11) of section
 1361  1002.40, Florida Statutes, is amended to read:
 1362         1002.40 The Hope Scholarship Program.—
 1363         (11) FUNDING AND PAYMENT.—
 1364         (a) For students initially eligible in the 2019-2020 school
 1365  year or thereafter, the calculated amount for a student to
 1366  attend an eligible private school shall be calculated in
 1367  accordance with s. 1002.394(12)(a) based upon the grade level
 1368  and school district in which the student was assigned as 95
 1369  percent of the funds per unweighted full-time equivalent in the
 1370  Florida Education Finance Program for a student in the basic
 1371  program established pursuant to s. 1011.62(1)(c)1., plus a per
 1372  full-time equivalent share of funds for all categorical
 1373  programs, except for the Exceptional Student Education
 1374  Guaranteed Allocation.
 1375         Section 7. Paragraph (aa) of subsection (4) of section
 1376  1009.971, Florida Statutes, is amended to read:
 1377         1009.971 Florida Prepaid College Board.—
 1378         (4) FLORIDA PREPAID COLLEGE BOARD; POWERS AND DUTIES.—The
 1379  board shall have the powers and duties necessary or proper to
 1380  carry out the provisions of ss. 1009.97-1009.988, including, but
 1381  not limited to, the power and duty to:
 1382         (aa) Adopt rules relating to the purchase and use of a
 1383  prepaid college plan authorized under s. 1009.98 or a college
 1384  savings plan authorized under s. 1009.981 for the Family
 1385  Empowerment Gardiner Scholarship Program pursuant to s. 1002.394
 1386  s. 1002.385, which may include, but need not be limited to:
 1387         1. The use of such funds for postsecondary education
 1388  programs for students with disabilities;
 1389         2. Effective procedures that allow program funds to be used
 1390  in conjunction with other funds used by a parent in the purchase
 1391  of a prepaid college plan or a college savings plan;
 1392         3. The tracking and accounting of program funds separately
 1393  from other funds contributed to a prepaid college plan or a
 1394  college savings plan;
 1395         4. The reversion of program funds, including, but not
 1396  limited to, earnings from contributions to the Florida College
 1397  Savings Plan;
 1398         5. The use of program funds only after private payments
 1399  have been used for prepaid college plan or college savings plan
 1400  expenditures;
 1401         6. Contracting with each eligible nonprofit scholarship
 1402  funding organization to establish mechanisms to implement s.
 1403  1002.394 s. 1002.385, including, but not limited to, identifying
 1404  the source of funds being deposited in the plans; and
 1405         7. The development of a written agreement that defines the
 1406  owner and beneficiary of an account and outlines
 1407  responsibilities for the use of the advance payment contract
 1408  funds or savings program funds.
 1409         Section 8. Subsection (11) of section 1009.98, Florida
 1410  Statutes, is amended to read:
 1411         1009.98 Stanley G. Tate Florida Prepaid College Program.—
 1412         (11) IMPLEMENTATION PROCEDURES.—
 1413         (a) A prepaid college plan may be purchased, accounted for,
 1414  used, and terminated as provided in s. 1002.394 s. 1002.385.
 1415         (b) A qualified beneficiary may apply the benefits of an
 1416  advance payment contract toward the program fees of a program
 1417  designed for students with disabilities conducted by a state
 1418  postsecondary institution. A transfer authorized under this
 1419  subsection may not exceed the redemption value of the advance
 1420  payment contract at a state postsecondary institution or the
 1421  number of semester credit hours contracted on behalf of a
 1422  qualified beneficiary. A qualified beneficiary may not be
 1423  changed while a prepaid college plan contains funds contributed
 1424  under s. 1002.394 s. 1002.385.
 1425         Section 9. Subsection (10) of section 1009.981, Florida
 1426  Statutes, is amended to read:
 1427         1009.981 Florida College Savings Program.—
 1428         (10) IMPLEMENTATION PROCEDURES.—
 1429         (a) A college savings plan may be purchased, accounted for,
 1430  used, and terminated as provided in s. 1002.394 s. 1002.385.
 1431         (b) A designated beneficiary may apply the benefits of a
 1432  participation agreement toward the program fees of a program
 1433  designed for students with disabilities conducted by a state
 1434  postsecondary institution. A designated beneficiary may not be
 1435  changed while a college savings plan contains funds contributed
 1436  under s. 1002.394 s. 1002.385.
 1437         Section 10. Effective July 1, 2022, subsection (4) of
 1438  section 1011.61, Florida Statutes, is amended to read:
 1439         1011.61 Definitions.—Notwithstanding the provisions of s.
 1440  1000.21, the following terms are defined as follows for the
 1441  purposes of the Florida Education Finance Program:
 1442         (4) The maximum value for funding a student in kindergarten
 1443  through grade 12 or in a prekindergarten program for exceptional
 1444  children as provided in s. 1003.21(1)(e) shall be the sum of the
 1445  calculations in paragraphs (a), (b), and (c) as calculated by
 1446  the department.
 1447         (a) The sum of the student’s full-time equivalent student
 1448  membership value for the school year or the equivalent derived
 1449  from paragraphs (1)(a) and (b), subparagraph (1)(c)1., sub
 1450  subparagraphs (1)(c)2.b. and c., subparagraph (1)(c)3., and
 1451  subsection (2). If the sum is greater than 1.0, the full-time
 1452  equivalent student membership value for each program or course
 1453  shall be reduced by an equal proportion so that the student’s
 1454  total full-time equivalent student membership value is equal to
 1455  1.0.
 1456         (b) If the result in paragraph (a) is less than 1.0 full
 1457  time equivalent student and the student has full-time equivalent
 1458  student enrollment pursuant to sub-sub-subparagraph
 1459  (1)(c)1.b.(VIII), calculate an amount that is the lesser of the
 1460  value in sub-sub-subparagraph (1)(c)1.b.(VIII) or the value of
 1461  1.0 less the value in paragraph (a).
 1462         (c) The full-time equivalent student enrollment value in
 1463  sub-subparagraph (1)(c)2.a.
 1464  
 1465  A scholarship award provided to a student enrolled in the John
 1466  M. McKay Scholarships for Students with Disabilities Program
 1467  pursuant to s. 1002.39 is not subject to the maximum value for
 1468  funding a student under this subsection.
 1469         Section 11. Paragraph (f) of subsection (18) of section
 1470  1011.62, Florida Statutes, is amended to read:
 1471         1011.62 Funds for operation of schools.—If the annual
 1472  allocation from the Florida Education Finance Program to each
 1473  district for operation of schools is not determined in the
 1474  annual appropriations act or the substantive bill implementing
 1475  the annual appropriations act, it shall be determined as
 1476  follows:
 1477         (18) TEACHER SALARY INCREASE ALLOCATION.—The Legislature
 1478  may annually provide in the Florida Education Finance Program a
 1479  teacher salary increase allocation to assist school districts in
 1480  their recruitment and retention of classroom teachers and other
 1481  instructional personnel. The amount of the allocation shall be
 1482  specified in the General Appropriations Act.
 1483         (f)Notwithstanding any other provision of law, funds
 1484  allocated under this subsection shall not be included in the
 1485  calculated amount for any scholarship awarded under chapter
 1486  1002.
 1487         Section 12. Except as otherwise expressly provided in this
 1488  act, this act shall take effect July 1, 2021.
 1489  
 1490  ================= T I T L E  A M E N D M E N T ================
 1491  And the title is amended as follows:
 1492         Delete everything before the enacting clause
 1493  and insert:
 1494                        A bill to be entitled                      
 1495         An act relating to school choice; amending s. 11.45,
 1496         F.S.; revising the frequency with which the Auditor
 1497         General must conduct certain operational audits;
 1498         repealing s. 1002.385, F.S., relating to the Gardiner
 1499         Scholarship; amending s. 1002.39, F.S.; revising
 1500         provisions relating to the calculation of the maximum
 1501         amount of scholarship funds granted to an eligible
 1502         student with a disability under the John M. McKay
 1503         Scholarships for Students with Disabilities Program;
 1504         providing for future repeal of the program; amending
 1505         s. 1002.394, F.S.; defining terms; revising student
 1506         eligibility requirements under the Family Empowerment
 1507         Scholarship Program; providing requirements for the
 1508         use of funds under the program; revising provisions
 1509         relating to the term of scholarships under the
 1510         program; providing that certain students are not
 1511         eligible for a scholarship under the program under
 1512         certain circumstances; providing exceptions; revising
 1513         the obligations of school districts, the Department of
 1514         Education, private schools, and eligible scholarship
 1515         funding organizations under the program; revising the
 1516         responsibilities of parents and students relating to
 1517         program participation; revising provisions relating to
 1518         the funding and payment of scholarships awarded under
 1519         the program; requiring specified state agencies to
 1520         work with an organization to provide access to lists
 1521         of approved licensed service providers; providing that
 1522         certain students with disabilities are eligible for
 1523         enrollment in transition-to-work programs at certain
 1524         participating private schools; providing requirements
 1525         for such students, private schools, and businesses
 1526         under transition-to-work programs; revising provisions
 1527         relating to the State Board of Education’s rulemaking
 1528         authority; removing obsolete provisions; amending s.
 1529         1002.395, F.S.; revising student eligibility criteria
 1530         based on household income level for the Florida Tax
 1531         Credit Scholarship Program; amending ss. 1002.40,
 1532         1009.971, 1009.98, 1009.981, 1011.61, and 1011.62,
 1533         F.S.; conforming provisions to changes made by the
 1534         act; providing effective dates.