Florida Senate - 2022                                    SB 1348
       
       
        
       By Senator Diaz
       
       
       
       
       
       36-01414-22                                           20221348__
    1                        A bill to be entitled                      
    2         An act relating to educational choice scholarships;
    3         amending s. 1002.394, F.S.; revising eligibility for
    4         the Family Empowerment Scholarship Program; deleting a
    5         requirement that the Department of Education cross
    6         check before each distribution of funds the list of
    7         participating scholarship students with the public
    8         school enrollment lists; conforming a cross-reference;
    9         deleting limits on the number of students receiving
   10         scholarships; deleting a requirement that the
   11         department verify that a student is not prohibited
   12         from receiving a scholarship; deleting a requirement
   13         that a nonprofit scholarship-funding organization
   14         verify certain information before payments are made;
   15         conforming provisions to changes made by the act;
   16         amending s. 1002.395, F.S.; conforming cross
   17         references; deleting a requirement that the department
   18         cross-check the list of participating Florida Tax
   19         Credit Scholarship Program students with the public
   20         school enrollment lists to avoid duplication; deleting
   21         a requirement that a nonprofit scholarship-funding
   22         organization obtain verification from the private
   23         school of a student’s continued attendance at the
   24         school for each period covered by a scholarship
   25         payment; amending s. 1002.40, F.S.; deleting a
   26         requirement that the department cross-check the list
   27         of participating Hope Scholarship Program students
   28         with the public school enrollment lists to avoid
   29         duplication; deleting a requirement that a nonprofit
   30         scholarship-funding organization obtain verification
   31         from the private school of a student’s continued
   32         attendance at the school for each period covered by a
   33         scholarship payment; providing an effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Paragraph (a) of subsection (3), paragraph (a)
   38  of subsection (8), paragraph (c) of subsection (9), paragraph
   39  (a) of subsection (10), and subsection (12) of section 1002.394,
   40  Florida Statutes, are amended to read:
   41         1002.394 The Family Empowerment Scholarship Program.—
   42         (3) SCHOLARSHIP ELIGIBILITY.—
   43         (a) A parent of a student may request and receive from the
   44  state a scholarship for the purposes specified in paragraph
   45  (4)(a) if:
   46         1. The student is on the direct certification list pursuant
   47  to s. 1002.395(2)(c) or the student’s household income level
   48  does not exceed 185 percent of the federal poverty level;
   49         2. The student is currently placed, or during the previous
   50  state fiscal year was placed, in foster care or in out-of-home
   51  care as defined in s. 39.01;
   52         3. The student’s household income level does not exceed 375
   53  percent of the federal poverty level or an adjusted maximum
   54  percent of the federal poverty level which that is increased by
   55  25 percentage points each fiscal year in the fiscal year
   56  following any fiscal year in which more than 5 percent of the
   57  available scholarships authorized under paragraph (12)(a) have
   58  not been funded;
   59         4. The student is a sibling of a student who is
   60  participating in the scholarship program under this subsection
   61  and such siblings reside in the same household; or
   62         5. The student is a dependent child of a member of the
   63  United States Armed Forces.
   64  
   65  Priority must be given to a student whose household income level
   66  does not exceed 185 percent of the federal poverty level or who
   67  is in foster care or out-of-home care.
   68         (8) DEPARTMENT OF EDUCATION OBLIGATIONS.—
   69         (a) The department shall:
   70         1. Publish and update, as necessary, information on the
   71  department website about the Family Empowerment Scholarship
   72  Program, including, but not limited to, student eligibility
   73  criteria, parental responsibilities, and relevant data.
   74         2. Cross-check before each distribution of funds the list
   75  of participating scholarship students with the public school
   76  enrollment lists before each scholarship payment to avoid
   77  duplication.
   78         3. Maintain and publish a list of nationally norm
   79  referenced tests identified for purposes of satisfying the
   80  testing requirement in subparagraph (9)(c)1. The tests must meet
   81  industry standards of quality in accordance with state board
   82  rule.
   83         3.4. Notify eligible nonprofit scholarship-funding
   84  organizations of the deadlines for submitting the verified list
   85  of students determined to be eligible for a scholarship.
   86         4.5. Notify each school district of a parent’s
   87  participation in the scholarship program for purposes of
   88  paragraph (7)(f).
   89         5.6. Deny or terminate program participation upon a
   90  parent’s failure to comply with subsection (10).
   91         6.7. Notify the parent and the organization when a
   92  scholarship account is closed and program funds revert to the
   93  state.
   94         7.8. Notify an eligible nonprofit scholarship-funding
   95  organization of any of the organization’s or other
   96  organization’s identified students who are receiving
   97  scholarships under this chapter.
   98         8.9. Maintain on its website a list of approved providers
   99  as required by s. 1002.66, eligible postsecondary educational
  100  institutions, eligible private schools, and eligible
  101  organizations and may identify or provide links to lists of
  102  other approved providers.
  103         9.10. Require each organization to verify eligible
  104  expenditures before the distribution of funds for any
  105  expenditures made pursuant to subparagraphs (4)(b)1. and 2.
  106  Review of expenditures made for services specified in
  107  subparagraphs (4)(b)3.-15. may be completed after the purchase
  108  is made.
  109         10.11. Investigate any written complaint of a violation of
  110  this section by a parent, a student, a private school, a public
  111  school, a school district, an organization, a provider, or
  112  another appropriate party in accordance with the process
  113  established under s. 1002.421.
  114         11.12. Require quarterly reports by an organization, which
  115  must include, at a minimum, the number of students participating
  116  in the program; the demographics of program participants; the
  117  disability category of program participants; the matrix level of
  118  services, if known; the program award amount per student; the
  119  total expenditures for the purposes specified in paragraph
  120  (4)(b); the types of providers of services to students; and any
  121  other information deemed necessary by the department.
  122         12.13. Notify eligible nonprofit scholarship funding
  123  organizations that scholarships may not be awarded in a school
  124  district in which the award will exceed 99 percent of the school
  125  district’s share of state funding through the Florida Education
  126  Finance Program as calculated by the department.
  127         (9) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
  128  eligible to participate in the Family Empowerment Scholarship
  129  Program, a private school may be sectarian or nonsectarian and
  130  must:
  131         (c)1. Annually administer or make provision for students
  132  participating in the program in grades 3 through 10 to take one
  133  of the nationally norm-referenced tests that are identified by
  134  the department pursuant to paragraph (8)(a) or to take the
  135  statewide assessments pursuant to s. 1008.22. Students with
  136  disabilities for whom the physician or psychologist who issued
  137  the diagnosis or the IEP team determines that standardized
  138  testing is not appropriate are exempt from this requirement. A
  139  participating private school shall report a student’s scores to
  140  his or her parent. By August 15 of each year, a participating
  141  private school must report the scores of all participating
  142  students to a state university as described in s. 1002.395(9)(e)
  143  s. 1002.395(9)(f).
  144         2. Administer the statewide assessments pursuant to s.
  145  1008.22 if the private school chooses to offer the statewide
  146  assessments. A participating private school may choose to offer
  147  and administer the statewide assessments to all students who
  148  attend the private school in grades 3 through 10 and must submit
  149  a request in writing to the department by March 1 of each year
  150  in order to administer the statewide assessments in the
  151  subsequent school year.
  152  
  153  If a private school fails to meet the requirements of this
  154  subsection or s. 1002.421, the commissioner may determine that
  155  the private school is ineligible to participate in the
  156  scholarship program.
  157         (10) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
  158  PARTICIPATION.—
  159         (a) A parent who applies for program participation under
  160  paragraph (3)(a) is exercising his or her parental option to
  161  place his or her child in a private school and must:
  162         1. Select the private school and apply for the admission of
  163  his or her student.
  164         2. Request the scholarship by a date established by the
  165  organization, in a manner that creates a written or electronic
  166  record of the request and the date of receipt of the request.
  167         3. Inform the applicable school district when the parent
  168  withdraws his or her student from a public school to attend an
  169  eligible private school.
  170         4. Require his or her student participating in the program
  171  to remain in attendance throughout the school year unless
  172  excused by the school for illness or other good cause.
  173         5. Meet with the private school’s principal or the
  174  principal’s designee to review the school’s academic programs
  175  and policies, customized educational programs, code of student
  176  conduct, and attendance policies prior to enrollment.
  177         6. Require that the student participating in the
  178  scholarship program takes the norm-referenced assessment offered
  179  by the private school. The parent may also choose to have the
  180  student participate in the statewide assessments pursuant to
  181  paragraph (7)(d). If the parent requests that the student
  182  participating in the program take all statewide assessments
  183  required pursuant to s. 1008.22, the parent is responsible for
  184  transporting the student to the assessment site designated by
  185  the school district.
  186         7. Restrictively endorse the warrant, issued in the name of
  187  the parent pursuant to subparagraph (12)(a)5. (12)(a)6., to the
  188  private school for deposit into the private school’s account.
  189  The parent may not designate any entity or individual associated
  190  with the participating private school as the parent’s attorney
  191  in fact to endorse a scholarship warrant.
  192         (12) SCHOLARSHIP FUNDING AND PAYMENT.—
  193         (a)1. The scholarship amount Scholarships for students
  194  determined eligible pursuant to paragraph (3)(a) are established
  195  for up to 18,000 students annually beginning in the 2019-2020
  196  school year. Beginning in the 2020-2021 school year, the maximum
  197  number of students participating in the scholarship program
  198  under this section shall annually increase by 1.0 percent of the
  199  state’s total public school student enrollment. An eligible
  200  student who meets any of the following requirements shall be
  201  excluded from the maximum number of students if the student:
  202         a. Received a scholarship pursuant to s. 1002.395 during
  203  the previous school year but did not receive a renewal
  204  scholarship based solely on the eligible nonprofit scholarship
  205  funding organization’s lack of available funds after the
  206  organization fully exhausted its efforts to use funds available
  207  for awards under ss. 1002.395 and 1002.40(11)(i). Eligible
  208  nonprofit scholarship-funding organizations with students who
  209  meet the criterion in this subparagraph must annually notify the
  210  department in a format and by a date established by the
  211  department. The maximum number of scholarships awarded pursuant
  212  to this subparagraph shall not exceed 15,000 per school year;
  213         b. Is a dependent child of a member of the United States
  214  Armed Forces, a foster child, or an adopted child; or
  215         c. Is determined eligible pursuant to subparagraph (3)(a)1.
  216  or subparagraph (3)(a)2. and either spent the prior school year
  217  in attendance at a Florida public school or, beginning in the
  218  2022-2023 school year, is eligible to enroll in kindergarten.
  219  For purposes of this subparagraph, the term “prior school year
  220  in attendance” means that the student was enrolled and reported
  221  by a school district for funding during either the preceding
  222  October or February Florida Education Finance Program surveys in
  223  kindergarten through grade 12, which includes time spent in a
  224  Department of Juvenile Justice commitment program if funded
  225  under the Florida Education Finance Program.
  226         2. The scholarship amount provided to a student for any
  227  single school year shall be for tuition and fees for an eligible
  228  private school, not to exceed annual limits, which shall be
  229  determined in accordance with this subparagraph. The calculated
  230  amount for a participating student shall be based upon the grade
  231  level and school district in which the student was assigned as
  232  100 percent of the funds per unweighted full-time equivalent in
  233  the Florida Education Finance Program for a student in the basic
  234  program established pursuant to s. 1011.62(1)(c)1., plus a per
  235  full-time equivalent share of funds for all categorical
  236  programs, except for the Exceptional Student Education
  237  Guaranteed Allocation.
  238         2.3. The amount of the scholarship shall be the calculated
  239  amount or the amount of the private school’s tuition and fees,
  240  whichever is less. The amount of any assessment fee required by
  241  the participating private school and any costs to provide a
  242  digital device, including Internet access, if necessary, to the
  243  student may be paid from the total amount of the scholarship.
  244         3.4. A scholarship of $750 may be awarded to a student who
  245  is determined eligible pursuant to subparagraph (3)(a)1. or
  246  subparagraph (3)(a)2. and enrolled in a Florida public school
  247  that is different from the school to which the student was
  248  assigned or in a lab school as defined in s. 1002.32 if the
  249  school district does not provide the student with transportation
  250  to the school.
  251         4.5.Upon notification from the organization on July 1,
  252  September 1, December 1, and February 1 that an application has
  253  been approved for the program, the department shall verify that
  254  the student is not prohibited from receiving a scholarship
  255  pursuant to subsection (6). The organization must provide the
  256  department with the documentation necessary to verify the
  257  student’s participation. Upon receiving the documentation
  258  verification, the department shall transfer, from state funds
  259  only, the amount calculated pursuant to subparagraph 1. 2. to
  260  the organization for quarterly disbursement to parents of
  261  participating students each school year in which the scholarship
  262  is in force. For a student exiting a Department of Juvenile
  263  Justice commitment program who chooses to participate in the
  264  scholarship program, the amount of the Family Empowerment
  265  Scholarship calculated pursuant to subparagraph 1. 2. must be
  266  transferred from the school district in which the student last
  267  attended a public school before commitment to the Department of
  268  Juvenile Justice. When a student enters the scholarship program,
  269  the organization must receive all documentation required for the
  270  student’s participation, including the private school’s and the
  271  student’s fee schedules, at least 30 days before the first
  272  quarterly scholarship payment is made for the student.
  273         5.6.The initial payment shall be made after the
  274  organization’s verification of admission acceptance, and
  275  subsequent payments shall be made upon verification of continued
  276  enrollment and attendance at the private school. Payment must be
  277  by individual warrant made payable to the student’s parent or by
  278  funds transfer or any other means of payment that the department
  279  deems to be commercially viable or cost-effective. If the
  280  payment is made by warrant, the warrant must be delivered by the
  281  organization to the private school of the parent’s choice, and
  282  the parent shall restrictively endorse the warrant to the
  283  private school. An organization shall ensure that the parent to
  284  whom the warrant is made has restrictively endorsed the warrant
  285  to the private school for deposit into the account of the
  286  private school or that the parent has approved a funds transfer
  287  before any scholarship funds are deposited.
  288         (b)1. The scholarship amount Scholarships for students
  289  determined eligible pursuant to paragraph (3)(b) is as follows:
  290  are established for up to 20,000 students annually beginning in
  291  the 2021-2022 school year. Beginning in the 2022-2023 school
  292  year, the maximum number of students participating in the
  293  scholarship program under this section shall annually increase
  294  by 1.0 percent of the state’s total exceptional student
  295  education full-time equivalent student enrollment, not including
  296  gifted students. An eligible student who meets any of the
  297  following requirements shall be excluded from the maximum number
  298  of students if the student:
  299         a. Received specialized instructional services under the
  300  Voluntary Prekindergarten Education Program pursuant to s.
  301  1002.66 during the previous school year and the student has a
  302  current IEP developed by the local school board in accordance
  303  with rules of the State Board of Education;
  304         b. Is a dependent child of a member of the United States
  305  Armed Forces, a foster child, or an adopted child;
  306         c. Spent the prior school year in attendance at a Florida
  307  public school or the Florida School for the Deaf and the Blind.
  308  For purposes of this subparagraph, the term “prior school year
  309  in attendance” means that the student was enrolled and reported
  310  by:
  311         (I) A school district for funding during either the
  312  preceding October or February Florida Education Finance Program
  313  surveys in kindergarten through grade 12, which includes time
  314  spent in a Department of Juvenile Justice commitment program if
  315  funded under the Florida Education Finance Program;
  316         (II) The Florida School for the Deaf and the Blind during
  317  the preceding October or February student membership surveys in
  318  kindergarten through grade 12;
  319         (III) A school district for funding during the preceding
  320  October or February Florida Education Finance Program surveys,
  321  was at least 4 years of age when enrolled and reported, and was
  322  eligible for services under s. 1003.21(1)(e); or
  323         (IV) Received a John M. McKay Scholarship for Students with
  324  Disabilities in the 2021-2022 school year.
  325         2. For a student who has a Level I to Level III matrix of
  326  services or a diagnosis by a physician or psychologist, the
  327  calculated scholarship amount for a student participating in the
  328  program must be based upon the grade level and school district
  329  in which the student would have been enrolled as the total funds
  330  per unweighted full-time equivalent in the Florida Education
  331  Finance Program for a student in the basic exceptional student
  332  education program pursuant to s. 1011.62(1)(c)1. and (e)1.c.,
  333  plus a per full-time equivalent share of funds for all
  334  categorical programs, as funded in the General Appropriations
  335  Act, except that for the exceptional student education
  336  guaranteed allocation as provided in s. 1011.62(1)(e)1.c. and
  337  2., the funds must be allocated based on the school district’s
  338  average exceptional student education guaranteed allocation
  339  funds per exceptional student education full-time equivalent
  340  student.
  341         b.3. For a student with a Level IV or Level V matrix of
  342  services, the calculated scholarship amount must be based upon
  343  the school district to which the student would have been
  344  assigned as the total funds per full-time equivalent for the
  345  Level IV or Level V exceptional student education program
  346  pursuant to s. 1011.62(1)(c)2.a. or b., plus a per-full time
  347  equivalent share of funds for all categorical programs, as
  348  funded in the General Appropriations Act.
  349         c.4. For a student who received a Gardiner Scholarship
  350  pursuant to s. 1002.385 in the 2020-2021 school year, the amount
  351  shall be the greater of the amount calculated pursuant to sub
  352  subparagraph a. subparagraph 2. or the amount the student
  353  received for the 2020-2021 school year.
  354         d.5. For a student who received a John M. McKay Scholarship
  355  pursuant to s. 1002.39 in the 2020-2021 school year, the amount
  356  shall be the greater of the amount calculated pursuant to sub
  357  subparagraph a. subparagraph 2. or the amount the student
  358  received for the 2020-2021 school year.
  359         2.6.Upon notification from an organization on July 1,
  360  September 1, December 1, and February 1 that an application has
  361  been approved for the program, the department shall verify that
  362  the student is not prohibited from receiving a scholarship
  363  pursuant to subsection (6). The organization must provide the
  364  department with the documentation necessary to verify the
  365  student’s participation.
  366         3.7. Upon receiving the documentation verification, the
  367  department shall release, from state funds only, the student’s
  368  scholarship funds to the organization, to be deposited into the
  369  student’s account in four equal amounts no later than September
  370  1, November 1, February 1, and April 1 of each school year in
  371  which the scholarship is in force.
  372         4.8. Accrued interest in the student’s account is in
  373  addition to, and not part of, the awarded funds. Program funds
  374  include both the awarded funds and accrued interest.
  375         5.9. The organization may develop a system for payment of
  376  benefits by funds transfer, including, but not limited to, debit
  377  cards, electronic payment cards, or any other means of payment
  378  which the department deems to be commercially viable or cost
  379  effective. A student’s scholarship award may not be reduced for
  380  debit card or electronic payment fees. Commodities or services
  381  related to the development of such a system must be procured by
  382  competitive solicitation unless they are purchased from a state
  383  term contract pursuant to s. 287.056.
  384         6.10. Moneys received pursuant to this section do not
  385  constitute taxable income to the qualified student or the parent
  386  of the qualified student.
  387         Section 2. Paragraphs (e), (f), and (n) of subsection (6),
  388  paragraph (b) of subsection (8), paragraph (d) of subsection
  389  (9), and paragraph (c) of subsection (11) of section 1002.395,
  390  Florida Statutes, are amended to read:
  391         1002.395 Florida Tax Credit Scholarship Program.—
  392         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
  393  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
  394  organization:
  395         (e) Must give first priority to eligible renewal students
  396  who received a scholarship from an eligible nonprofit
  397  scholarship-funding organization or from the State of Florida
  398  during the previous school year. The eligible nonprofit
  399  scholarship-funding organization must fully apply and exhaust
  400  all funds available under this section and s. 1002.40(11)(h) s.
  401  1002.40(11)(i) for renewal scholarship awards before awarding
  402  any initial scholarships.
  403         (f) Must provide a renewal or initial scholarship to an
  404  eligible student on a first-come, first-served basis unless the
  405  student qualifies for priority pursuant to paragraph (e). Each
  406  eligible nonprofit scholarship-funding organization must refer
  407  any student eligible for a scholarship pursuant to this section
  408  who did not receive a renewal or initial scholarship based
  409  solely on the lack of available funds under this section and s.
  410  1002.40(11)(h) s. 1002.40(11)(i) to another eligible nonprofit
  411  scholarship-funding organization that may have funds available.
  412         (n) Must prepare and submit quarterly reports to the
  413  Department of Education pursuant to paragraph (9)(h) (9)(i). In
  414  addition, an eligible nonprofit scholarship-funding organization
  415  must submit in a timely manner any information requested by the
  416  Department of Education relating to the scholarship program.
  417  
  418  Information and documentation provided to the Department of
  419  Education and the Auditor General relating to the identity of a
  420  taxpayer that provides an eligible contribution under this
  421  section shall remain confidential at all times in accordance
  422  with s. 213.053.
  423         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
  424  private school may be sectarian or nonsectarian and must:
  425         (b)1. Annually administer or make provision for students
  426  participating in the scholarship program in grades 3 through 10
  427  to take one of the nationally norm-referenced tests identified
  428  by the Department of Education or the statewide assessments
  429  pursuant to s. 1008.22. Students with disabilities for whom
  430  standardized testing is not appropriate are exempt from this
  431  requirement. A participating private school must report a
  432  student’s scores to the parent. A participating private school
  433  must annually report by August 15 the scores of all
  434  participating students to a state university described in
  435  paragraph (9)(e) (9)(f).
  436         2. Administer the statewide assessments pursuant to s.
  437  1008.22 if a private school chooses to offer the statewide
  438  assessments. A participating private school may choose to offer
  439  and administer the statewide assessments to all students who
  440  attend the private school in grades 3 through 10 and must submit
  441  a request in writing to the Department of Education by March 1
  442  of each year in order to administer the statewide assessments in
  443  the subsequent school year.
  444  
  445  If a private school fails to meet the requirements of this
  446  subsection or s. 1002.421, the commissioner may determine that
  447  the private school is ineligible to participate in the
  448  scholarship program.
  449         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
  450  Education shall:
  451         (d) Cross-check the list of participating scholarship
  452  students with the public school enrollment lists to avoid
  453  duplication.
  454         (11) SCHOLARSHIP AMOUNT AND PAYMENT.—
  455         (c) An eligible nonprofit scholarship-funding organization
  456  shall obtain verification from the private school of a student’s
  457  continued attendance at the school for each period covered by a
  458  scholarship payment.
  459         Section 3. Paragraph (a) of subsection (8), paragraph (e)
  460  of subsection (10), and paragraph (e) of subsection (11) of
  461  section 1002.40, Florida Statutes, are amended to read:
  462         1002.40 The Hope Scholarship Program.—
  463         (8) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
  464  shall:
  465         (a) Cross-check the list of participating scholarship
  466  students with the public school enrollment lists to avoid
  467  duplication.
  468         (10) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
  469  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
  470  organization may establish scholarships for eligible students
  471  by:
  472         (e) Preparing and submitting quarterly reports to the
  473  department pursuant to paragraph (8)(b) (8)(c). In addition, an
  474  eligible nonprofit scholarship-funding organization must submit
  475  in a timely manner any information requested by the department
  476  relating to the program.
  477         (11) FUNDING AND PAYMENT.—
  478         (e) An eligible nonprofit scholarship-funding organization
  479  shall obtain verification from the private school of a student’s
  480  continued attendance at the school for each period covered by a
  481  scholarship payment.
  482         Section 4. This act shall take effect July 1, 2022.