Florida Senate - 2022                                    SB 1818
       
       
        
       By Senator Broxson
       
       
       
       
       
       1-01639-22                                            20221818__
    1                        A bill to be entitled                      
    2         An act relating to the Early Learning Scholarship
    3         Program; creating s. 1002.56, F.S.; establishing the
    4         Early Learning Scholarship Program within the
    5         Department of Education; providing the purpose of the
    6         program; defining terms; providing eligibility
    7         criteria for participation in the program; providing
    8         for a child’s continued eligibility for a specified
    9         period; providing program obligations for eligible
   10         nonprofit scholarship-funding organizations and for
   11         parents and children; providing requirements for the
   12         amount and payment of scholarship funds, subject to
   13         appropriation; providing for the use of scholarship
   14         funds; providing program obligations for the
   15         department and providers; exempting the state from
   16         specified liability; providing that the program does
   17         not expand the regulatory authority of the state;
   18         requiring the State Board of Education to adopt rules;
   19         providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 1002.56, Florida Statutes, is created to
   24  read:
   25         1002.56Early Learning Scholarship Program.—There is
   26  established the Early Learning Scholarship Program within the
   27  Department of Education to pay for the tuition and fees
   28  associated with an eligible child attending a program offered by
   29  a provider.
   30         (1)DEFINITIONS.—As used in this section, the term:
   31         (a)“Department” means the Department of Education.
   32         (b)“Eligible nonprofit scholarship-funding organization”
   33  or “organization” has the same meaning as in s. 1002.395(2).
   34         (c)“Parent” means a resident of this state who is a parent
   35  as defined in s. 1000.21(5).
   36         (d)“Program” means the Early Learning Scholarship Program.
   37         (e)“Provider” means an early learning provider that is
   38  approved to receive school readiness funding under part VI of
   39  this chapter and that chooses to participate in the program.
   40         (2)CHILD ELIGIBILITY REQUIREMENTS.—
   41         (a)A parent of a child may apply for a scholarship if the
   42  child is not receiving any other scholarship under this chapter
   43  and is currently placed or was previously placed in foster care
   44  or in out-of-home care as defined in s. 39.01.
   45         (b)A child who initially receives a scholarship remains
   46  eligible to participate in the program until he or she enrolls
   47  in kindergarten or attains the age of 6 years by February 1 of
   48  any school year and must be given priority for the award of a
   49  scholarship in the subsequent fiscal year.
   50         (c)An approved child who does not receive a scholarship
   51  must be placed on a wait list in the order in which the child is
   52  approved. An eligible child who does not receive a scholarship
   53  within the fiscal year must be retained on the wait list for the
   54  subsequent year.
   55         (3)OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
   56  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
   57  organization must:
   58         (a)Receive applications, determine child eligibility, and
   59  notify parents of a child’s acceptance into the program.
   60         (b)Provide scholarships to eligible children on a first
   61  come, first-served basis. However, the organization must give
   62  priority to eligible renewal children who received a scholarship
   63  from an eligible nonprofit scholarship-funding organization
   64  during the previous year.
   65         (c)Allow an eligible child to attend a program at any
   66  eligible provider and allow a parent to transfer a scholarship
   67  during a school year to any other eligible provider of the
   68  parent’s choice.
   69         (d)Prepare and submit quarterly reports to the department
   70  pursuant to paragraph (6)(d). In addition, an eligible nonprofit
   71  scholarship-funding organization must submit in a timely manner
   72  any information requested by the department relating to the
   73  program.
   74         (4)PARENT AND CHILD RESPONSIBILITIES FOR PROGRAM
   75  PARTICIPATION.—
   76         (a)The parent must apply to an eligible nonprofit
   77  scholarship-funding organization for participation in the
   78  program by a date established by the organization, in a manner
   79  that creates a written or electronic record of the request and
   80  the date of receipt of the request.
   81         (b)The parent must select a provider and apply for the
   82  admission of his or her child.
   83         (c)Each parent and each child has an obligation to the
   84  provider to comply with the provider’s published policies.
   85         (d)Upon receipt of a scholarship warrant from the eligible
   86  nonprofit scholarship-funding organization, the parent to whom
   87  the warrant is made must restrictively endorse the warrant to
   88  the provider for deposit into the account of the provider. If
   89  payments are made by funds transfer, the parent must approve
   90  each payment before the scholarship funds may be deposited. The
   91  parent may not designate any entity or individual associated
   92  with the participating provider as the parent’s attorney in fact
   93  to endorse a scholarship warrant or approve a funds transfer. A
   94  parent who fails to comply with this paragraph forfeits the
   95  scholarship.
   96         (5)SCHOLARSHIP AMOUNT AND PAYMENT.—
   97         (a)Subject to appropriation, the scholarship amount
   98  provided for a child by an eligible nonprofit scholarship
   99  funding organization shall be for the total cost of the
  100  provider’s private pay rate or the difference between a child’s
  101  school readiness voucher and the provider’s private pay rate.
  102  The amount of a scholarship may not exceed the provider’s
  103  published private pay rate.
  104         (b)Payment of the scholarship by the eligible nonprofit
  105  scholarship-funding organization shall be by individual warrant
  106  made payable to the child’s parent or by funds transfer,
  107  including, but not limited to, debit cards, electronic payment
  108  cards, or any other means of payment the department deems to be
  109  commercially viable or cost-effective. If the payment is made by
  110  warrant, the warrant must be delivered by the eligible nonprofit
  111  scholarship-funding organization to the provider of the parent’s
  112  choice, and the parent shall restrictively endorse the warrant
  113  to the provider. An eligible nonprofit scholarship-funding
  114  organization shall ensure that the parent to whom the warrant is
  115  made restrictively has endorsed the warrant to the provider for
  116  deposit into the account of the provider or that the parent has
  117  approved a funds transfer before any scholarship funds are
  118  deposited.
  119         (c)An eligible nonprofit scholarship-funding organization
  120  shall obtain verification from the provider of a child’s
  121  continued attendance for each period covered by a scholarship
  122  payment.
  123         (d)Payment of the scholarship shall be made by the
  124  eligible nonprofit scholarship-funding organization on a
  125  quarterly basis.
  126         (6)DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
  127  shall:
  128         (a)Annually verify the eligibility of nonprofit
  129  scholarship-funding organizations.
  130         (b)Notify an eligible nonprofit scholarship-funding
  131  organization of any of the organization’s identified children
  132  who are receiving a scholarship from other eligible nonprofit
  133  scholarship-funding organizations.
  134         (c)Notify eligible nonprofit scholarship-funding
  135  organizations of the deadlines for submitting the verified list
  136  of children determined to be eligible for a scholarship required
  137  under paragraph (d).
  138         (d)Require quarterly reports by each eligible nonprofit
  139  scholarship-funding organization which must include, at a
  140  minimum, a verified list of children the organization determined
  141  to be eligible for a scholarship; the number of children
  142  participating in the program; the program award amount per
  143  child; and any other information deemed necessary by the
  144  department.
  145         (7)PROVIDER OBLIGATIONS.—Each participating provider must
  146  provide to the eligible nonprofit scholarship-funding
  147  organization all documentation required for a child’s
  148  participation, including the provider’s private pay rate, at
  149  least 30 days before any quarterly scholarship payment is made
  150  for the child. A child is not eligible to receive a quarterly
  151  scholarship payment if the provider fails to meet this deadline.
  152         (8)LIABILITY.—The state is not liable for the award of or
  153  any use of awarded funds under this section.
  154         (9)SCOPE OF AUTHORITY.—This section does not expand the
  155  regulatory authority of the state or its officers to impose
  156  additional regulations on providers beyond those reasonably
  157  necessary to enforce the requirements expressly set forth in
  158  this section.
  159         (10)RULEMAKING.—The State Board of Education shall adopt
  160  rules to administer this section.
  161         Section 2. This act shall take effect July 1, 2022.