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A bill to be entitled 1
An act relating to education; amending ss. 11.45, 2
212.099, and 327.371, F.S.; conforming cross -3
references; amending s. 1002.01, F.S.; defining the 4
term "personalized education program"; amending s. 5
1002.394, F.S.; providing and revising definitions; 6
revising student eligibility and ineligibility 7
requirements for the Family Empowerment Scholarship 8
Program; revising the approved uses of scholarship 9
funds; providing that certain scholarships remain in 10
force until certain criteria are met; requiring the 11
closure of a scholarship account and the reversion of 12
funds to the state under certain circumstances; 13
authorizing reimbursements for certain expenditures 14
until certain criteria are met; revising obligations 15
of school districts, the Department of Education, 16
private schools, and eligible nonprofit scholarship -17
funding organizations; revising responsibilities of 18
parents; requiring scholarship funds to be deposited 19
by funds transfers rather than through warrant 20
endorsement; requiring certain criteria to be met 21
before the funding of certain scholarships; revising 22
provisions for the calculation of an award amount for 23
certain students; prohibiting the transfer of funds to 24
an eligible student's account under certain 25
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conditions; deleting obsolete language; conforming 26
provisions and cross-references to changes made by the 27
act; amending s. 1002.395, F.S.; providing and 28
revising definitions; revising student eligibility and 29
ineligibility requirements for the Florida Tax Credit 30
Scholarship Program; revising obligations of eligibl e 31
nonprofit scholarship -funding organizations and the 32
department; establishing certain limitations on the 33
number of scholarships funded through the program; 34
revising the approved uses of scholarship funds; 35
revising requirements for the use of certain 36
contributions for administrative expenses; revising 37
the amount of funds that must be awarded through 38
scholarships; requiring the development of specified 39
guidelines; authorizing organizations to require the 40
use of an online platform for specified purchases so 41
long as such use does not limit specified choices; 42
requiring an organization to provide reimbursement in 43
specified circumstances; requiring organizations to 44
submit specified quarterly reports; revising 45
responsibilities of parents; requiring scholarship 46
funds to be deposited by funds transfers rather than 47
through warrant endorsement; requiring the department 48
to annually publish a list of specified tests; 49
revising the requirements of a specified annual 50
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report; requiring the department to notify school 51
districts of specified estimates; prohibiting the 52
transfer of funds to an eligible student's account 53
under certain conditions; providing that certain 54
scholarships remain in force until certain criteria 55
are met; authorizing reimbursements for certain 56
expenditures until certain criteria are met; requiring 57
the closure of a scholarship account and the reversion 58
of funds to the state under certain circumstances; 59
requiring the Office of Independent Education and 60
Parental Choice to provide a specified number of 61
application periods for specified purposes; deleting 62
obsolete language; conforming provisions and cross -63
references to changes made by the act; amending s. 64
1002.40, F.S.; conforming cross -references; amending 65
s. 1002.421, F.S.; revising the eligibility criteria 66
and obligations of private schools participating in 67
certain educational scholarship programs; revising the 68
criteria for the Commissioner of Education to 69
permanently deny or revoke the authority of certain 70
individuals to establish or operate a private school 71
in the state; authorizing the commissioner to include 72
specified individuals on a specified disqualification 73
list; authorizing such individuals to be removed from 74
such list if they provide specified reimbursements; 75
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conforming cross-references; creating s. 100 2.44, 76
F.S.; authorizing public schools, including charter 77
schools, to enroll certain students on a part -time 78
basis; providing funding for such students; 79
prohibiting certain students from being reported for 80
funding; providing that such students are not 81
considered to be in regular attendance at such 82
schools; amending s. 1003.01, F.S.; conforming 83
provisions and cross -references to changes made by the 84
act; requiring the State Board of Education to develop 85
and recommend to the Governor and the Legislature for 86
adoption during the 2024 legislative session repeals 87
and revisions to the Florida Early Learning -20 88
Education Code by a specified date,; providing 89
requirements for the state board relating to such 90
recommendations; amending s. 1001.10, F.S.; requiring 91
the Commissioner of Education to develop an online 92
portal for specified purpose; providing requirements 93
for such portal; amending s. 1002.20, F.S.; conforming 94
a cross-reference; amending s. 1003.25, F.S.; revising 95
the timeframe in which student records must be 96
transferred; amending s. 1003.4282, F.S.; deleting the 97
online course requirement for a standard high school 98
diploma; amending s. 1006.21, F.S.; authorizing a 99
district school board to use other vehicles to 100
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transport students; amending s. 1006.22, F.S.; 101
deleting a requirement that district school boards use 102
school buses for all regular transportation; deleting 103
provisions relating to circumstances in which students 104
may be transported in privately owned motor vehicles; 105
conforming a provision to changes made by th e act; 106
amending ss. 1006.25 and 1006.27, F.S.; conforming a 107
cross-reference and provisions to changes made by the 108
act; amending s. 1011.71, F.S.; authorizing a 109
specified district school board levy to be used to pay 110
salaries and benefits for specified empl oyees; 111
amending s. 1012.56, F.S.; exempting specified 112
individuals from certain mastery of general knowledge 113
requirements; revising the acceptable means of 114
demonstrating mastery of subject area knowledge and 115
mastery of professional preparation and education 116
competence, respectively; revising requirements for 117
the department to issue temporary certificates; 118
revising the validity period for certain temporary 119
certificates; amending s. 1013.64, F.S.; providing 120
that certain construction projects are exempt from th e 121
total cost per student station requirements; amending 122
ss. 1002.321, 1003.5716, 1003.499, 1003.27, 1003.485, 123
and 1009.30, F.S.; conforming cross -references and 124
provisions to changes made by the act; providing 125
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effective dates. 126
127
Be It Enacted by the Leg islature of the State of Florida: 128
129
Section 1. Paragraph (l) of subsection (2) of section 130
11.45, Florida Statutes, is amended to read: 131
11.45 Definitions; duties; authorities; reports; rules. — 132
(2) DUTIES.—The Auditor General shall: 133
(l) At least once every 3 years, conduct operational 134
audits of the accounts and records of eligible nonprofit 135
scholarship-funding organizations receiving eligible 136
contributions under s. 1002.395, including any contracts for 137
services with related entities, to determine com pliance with the 138
provisions of that section. Such audits shall include, but not 139
be limited to, a determination of the eligible nonprofit 140
scholarship-funding organization's compliance with s. 141
1002.395(6)(l) s. 1002.395(6)(j). The Auditor General shall 142
provide its report on the results of the audits to the Governor, 143
the President of the Senate, the Speaker of the House of 144
Representatives, the Chief Financial Officer, and the 145
Legislative Auditing Committee, within 30 days of completion of 146
the audit. 147
148
The Auditor General shall perform his or her duties 149
independently but under the general policies established by the 150
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Legislative Auditing Committee. This subsection does not limit 151
the Auditor General's discretionary authority to conduct other 152
audits or engagements o f governmental entities as authorized in 153
subsection (3). 154
Section 2. Paragraph (c) of subsection (1) and paragraph 155
(c) of subsection (7) of section 212.099, Florida Statutes, are 156
amended to read: 157
212.099 Credit for contributions to eligible nonprofit 158
scholarship-funding organizations. — 159
(1) As used in this section, the term: 160
(c) "Eligible nonprofit scholarship -funding organization" 161
or "organization" has the same meaning as provided in s. 162
1002.395(2) s. 1002.395(2)(f). 163
(7) 164
(c) The organization may, subject to the limitations of s. 165
1002.395(6)(l)1. s. 1002.395(6)(j)1., use eligible contributions 166
received during the state fiscal year in which such 167
contributions are collected for administrative expenses. 168
Section 3. Paragraph (c) of subsection (1) of section 169
327.371, Florida Statutes, is amended to read: 170
327.371 Human-powered vessels regulated. — 171
(1) A person may operate a human -powered vessel within the 172
boundaries of the marked channel of the Florida Intracoastal 173
Waterway as defined in s. 327.02: 174
(c) When participating in practices or competitions for 175
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interscholastic, intercollegiate, intramural, or club rowing 176
teams affiliated with an educational institution identified in 177
s. 1000.21, s. 1002.01(3) s. 1002.01(2), s. 1003.01(2), s. 178
1005.02(4), or s. 1005.03(1)(d), if the adjacent area outside of 179
the marked channel is not suitable for such practice or 180
competition. The teams must use their best efforts to make use 181
of the adjacent area outside of the marked channel. The 182
commission must be notified in writing of the details of any 183
such competition, and the notification must include, but need 184
not be limited to, the date, time, and location of the 185
competition. 186
Section 4. Section 1002.01, Florida Statutes, is amended 187
to read: 188
1002.01 Definitions. — 189
(1) A "home education program" means the sequentially 190
progressive instruction of a student directed by his or her 191
parent in order to satisfy the attendance requirements of ss. 192
1002.41, 1003.01(13), and 1003.21(1). 193
(2) A "personalized education program" means the 194
sequentially progressive instruction of a student directed by 195
his or her parent to satisfy the attendance requirements of ss. 196
1003.01(13) and 1003.21(1) while registered with an eligible 197
nonprofit scholarship -funding organization pursuant to s. 198
1002.395. A personalized education student shall be provided the 199
same flexibility and opportunities as provided in s. 1002.41(3) -200
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(12). 201
(3)(2) A "private school" is a nonpublic school defined as 202
an individual, association, copartn ership, or corporation, or 203
department, division, or section of such organizations, that 204
designates itself as an educational center that includes 205
kindergarten or a higher grade or as an elementary, secondary, 206
business, technical, or trade school below colle ge level or any 207
organization that provides instructional services that meet the 208
intent of s. 1003.01(13) or that gives preemployment or 209
supplementary training in technology or in fields of trade or 210
industry or that offers academic, literary, or career trai ning 211
below college level, or any combination of the above, including 212
an institution that performs the functions of the above schools 213
through correspondence or extension, except those licensed under 214
the provisions of chapter 1005. A private school may be a 215
parochial, religious, denominational, for -profit, or nonprofit 216
school. This definition does not include home education programs 217
conducted in accordance with s. 1002.41. 218
Section 5. Paragraphs (b) through (m) of subsection (2) of 219
section 1002.394, Florid a Statutes, are redesignated as 220
paragraphs (c) through (n), respectively, present paragraphs 221
(e), (f), and (g) of subsection (2), paragraph (a) of subsection 222
(3), subsection (4), paragraph (a) of subsection (5), paragraph 223
(f) of subsection (6), paragraphs (b), (d), (f), and (g) of 224
subsection (7), paragraph (a) of subsection (8), paragraphs (a) 225
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and (b) of subsection (10), paragraph (a) of subsection (11), 226
and subsection (12) are amended, and a new paragraph (b) is 227
added to subsection (2), paragraph (c) is ad ded to subsection 228
(8), and paragraph (d) is added to subsection (9) of that 229
section, to read: 230
1002.394 The Family Empowerment Scholarship Program. — 231
(2) DEFINITIONS.—As used in this section, the term: 232
(b) "Choice navigator" has the same meaning as in s. 233
1002.395(2). 234
(f)(e) "Eligible nonprofit scholarship -funding 235
organization" or "organization" has the same meaning as provided 236
in s. 1002.395(2) s. 1002.395(2)(f). 237
(g)(f) "Eligible postsecondary educational institution" 238
means a Florida College System institution; a state university; 239
a school district technical center; a school district adult 240
general education center; an independent college or university 241
that is eligible to participate in the William L. Boyd, IV, 242
Effective Access to Student Education Gr ant Program under s. 243
1009.89; or an accredited independent postsecondary educational 244
institution, as defined in s. 1005.02, which is licensed to 245
operate in this state under part III of chapter 1005 or is 246
approved to participate in a reciprocity agreement a s defined in 247
s. 1000.35(2). 248
(h)(g) "Eligible private school" has the same meaning as 249
provided in s. 1002.395(2) s. 1002.395(2)(g). 250
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(3) SCHOLARSHIP ELIGIBILITY. — 251
(a)1. A parent of a student may request and receive from 252
the state a scholarship for the purposes specified in paragraph 253
(4)(a) if the student is a resident of this state and is 254
eligible to enroll in kindergarten through grade 12 in a public 255
school in this state. : 256
1. The student is on the direct certification list 257
pursuant to s. 1002.395(2)( c) or the student's household income 258
level does not exceed 185 percent of the federal poverty level; 259
2. The student is currently placed, or during the previous 260
state fiscal year was placed, in foster care or in out -of-home 261
care as defined in s. 39.01; 262
3. The student's household income level does not exceed 263
375 percent of the federal poverty level or an adjusted maximum 264
percent of the federal poverty level that is increased by 25 265
percentage points in the fiscal year following any fiscal year 266
in which more than 5 percent of the available scholarships 267
authorized under paragraph (12)(a) have not been funded; 268
4. The student is a sibling of a student who is 269
participating in the scholarship program under this subsection 270
and such siblings reside in the same ho usehold; 271
5. The student is a dependent child of a member of the 272
United States Armed Forces; or 273
6. The student is a dependent child of a law enforcement 274
officer. 275
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2. Priority must be given in the following order: to 276
a. A student whose household income level does not exceed 277
185 percent of the federal poverty level or who is in foster 278
care or out-of-home care. 279
b. A student whose household income level exceeds 185 280
percent of the federal poverty level, but does not excee d 400 281
percent of the federal poverty level. 282
(4) AUTHORIZED USES OF PROGRAM FUNDS. — 283
(a) Program funds awarded to a student determined eligible 284
pursuant to paragraph (3)(a) may be used for: 285
1. Tuition and fees at an eligible private school .; or 286
2. Transportation to a Florida public school in which a 287
student is enrolled and that is different from the school to 288
which the student was assigned or to a lab school as defined in 289
s. 1002.32. 290
3. Instructional materials, including digital materials 291
and Internet resources. 292
4. Curriculum as defined in subsection (2). 293
5. Tuition and fees associated with full -time or part-time 294
enrollment in an eligible postsecondary educational institution 295
or a program offered by the postsecondary educational 296
institution, unless the program is subject to s. 1009.25 or 297
reimbursed pursuant to s. 1009.30; an approved preapprenticeship 298
program as defined in s. 446.021(5) which is not subject to s. 299
1009.25 and complies with all applicable requirements of the 300
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department pursuant to chapter 1005; a private tutoring program 301
authorized under s. 1002.43; a virtual program offered by a 302
department-approved private online provider that meets the 303
provider qualifications specified in s. 1002.45(2)(a); the 304
Florida Virtual School as a private paying student; or an 305
approved online course offered pursuant to s. 1003.499 or s. 306
1004.0961. 307
6. Fees for nationally standardized, norm -referenced 308
achievement tests, Advanced Placement Examinations, industry 309
certification examinations, assessments relate d to postsecondary 310
education, or other assessments. 311
7. Contracted services provided by a public school or 312
school district, including classes. A student who receives 313
contracted services under this subparagraph is not considered 314
enrolled in a public school for eligibility purposes as 315
specified in subsection (6) but rather attending a public school 316
on a part-time basis as authorized under s. 1002.44. 317
8. Tuition and fees for part -time tutoring services or 318
fees for services provided by a choice navigator. Su ch services 319
must be provided by a person who holds a valid Florida 320
educator's certificate pursuant to s. 1012.56, a person who 321
holds an adjunct teaching certificate pursuant to s. 1012.57, a 322
person who has a bachelor's degree or a graduate degree in the 323
subject area in which instruction is given, a person who has 324
demonstrated a mastery of subject area knowledge pursuant to s. 325
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1012.56(5), or a person certified by a nationally or 326
internationally recognized research -based training program as 327
approved by the department. As used in this subparagraph, the 328
term "part-time tutoring services" does not qualify as regular 329
school attendance as defined in s. 1003.01(13)(e) if the student 330
is determined eligible pursuant to subparagraph (3)(a)1. or 331
subparagraph (3)(a)2 . 332
(b) Program funds awarded to a student with a disability 333
determined eligible pursuant to paragraph (3)(b) may be used for 334
the following purposes: 335
1. Instructional materials, including digital devices, 336
digital periphery devices, and assistive technology d evices that 337
allow a student to access instruction or instructional content 338
and training on the use of and maintenance agreements for these 339
devices. 340
2. Curriculum as defined in subsection (2). 341
3. Specialized services by approved providers or by a 342
hospital in this state which are selected by the parent. These 343
specialized services may include, but are not limited to: 344
a. Applied behavior analysis services as provided in ss. 345
627.6686 and 641.31098. 346
b. Services provided by speech -language pathologists as 347
defined in s. 468.1125(8). 348
c. Occupational therapy as defined in s. 468.203. 349
d. Services provided by physical therapists as defined in 350
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s. 486.021(8). 351
e. Services provided by listening and spoken language 352
specialists and an appropriate acoustical envi ronment for a 353
child who has a hearing impairment, including deafness, and who 354
has received an implant or assistive hearing device. 355
4. Tuition and or fees associated with full -time or part-356
time enrollment in a home education program ;, an eligible 357
private school;, an eligible postsecondary educational 358
institution or a program offered by the postsecondary 359
educational institution, unless the program is subject to s. 360
1009.25 or reimbursed pursuant to s. 1009.30; an approved 361
preapprenticeship program as defined in s. 446.021(5) which is 362
not subject to s. 1009.25 and complies with all applicable 363
requirements of the department pursuant to chapter 1005; a 364
private tutoring program authorized under s. 1002.43 ;, a virtual 365
program offered by a department -approved private online provider 366
that meets the provider qualifications specified in s. 367
1002.45(2)(a);, the Florida Virtual School as a private paying 368
student;, or an approved online course offered pursuant to s. 369
1003.499 or s. 1004.0961. 370
5. Fees for nationally standa rdized, norm-referenced 371
achievement tests, Advanced Placement Examinations, industry 372
certification examinations, assessments related to postsecondary 373
education, or other assessments. 374
6. Contributions to the Stanley G. Tate Florida Prepaid 375
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College Program pursuant to s. 1009.98 or the Florida College 376
Savings Program pursuant to s. 1009.981 for the benefit of the 377
eligible student. 378
7. Contracted services provided by a public school or 379
school district, including classes. A student who receives 380
services under a contract under this paragraph is not considered 381
enrolled in a public school for eligibility purposes as 382
specified in subsection (6) but rather attending a public school 383
on a part-time basis as authorized under s. 1002.44 . 384
8. Tuition and fees for part -time tutoring services or 385
fees for services provided by a choice navigator. Such services 386
must be provided by a person who holds a valid Florida 387
educator's certificate pursuant to s. 1012.56, a person who 388
holds an adjunct teaching certificate pursuant to s. 1012.57, a 389
person who has a bachelor's degree or a graduate degree in the 390
subject area in which instruction is given, a person who has 391
demonstrated a mastery of subject area knowledge pursuant to s. 392
1012.56(5), or a person certified by a nationally or 393
internationally recognized research -based training program as 394
approved by the department. As used in this subparagraph 395
paragraph, the term "part-time tutoring services" does not 396
qualify as regular school attendance as defined in s. 397
1003.01(13)(e). 398
9. Fees for specialized summer education programs. 399
10. Fees for specialized after -school education programs. 400
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11. Transition services provided by job coaches. 401
12. Fees for an annual evaluation of educational progress 402
by a state-certified teacher under s. 100 2.41(1)(f), if this 403
option is chosen for a home education student. 404
13. Tuition and fees associated with programs offered by 405
Voluntary Prekindergarten Education Program providers approved 406
pursuant to s. 1002.55 and school readiness providers approved 407
pursuant to s. 1002.88. 408
14. Fees for services provided at a center that is a 409
member of the Professional Association of Therapeutic 410
Horsemanship International. 411
15. Fees for services provided by a therapist who is 412
certified by the Certification Board for Music Therapists or 413
credentialed by the Art Therapy Credentials Board, Inc. 414
(5) TERM OF SCHOLARSHIP. —For purposes of continuity of 415
educational choice: 416
(a)1. A scholarship awarded to an eligible student 417
pursuant to paragraph (3)(a) shall remain in force until: 418
a. The organization determines that the student is not 419
eligible for program renewal; 420
b. The Commissioner of Education suspends or revokes 421
program participation or use of funds; 422
c. The student's parent has forfeited participation in the 423
program for failure to comply with subsection (10); 424
d. The student enrolls in a public school. However, if a 425
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student enters a Department of Juvenile Justice detention center 426
for a period of no more than 21 days, the student is not 427
considered to have returned t o a public school on a full -time 428
basis for that purpose; or 429
e. The student graduates from high school or attains 21 430
years of age, whichever occurs first. 431
2.a. The student's scholarship account must be closed and 432
any remaining funds shall revert to the state after: 433
(I) Denial or revocation of program eligibility by the 434
commissioner for fraud or abuse, including, but not limited to, 435
the student or student's parent accepting any payment, refund, 436
or rebate, in any manner, from a provider of any services 437
received pursuant to paragraph (4)(a); or 438
(II) Two consecutive fiscal years in which an account has 439
been inactive. 440
b. Reimbursements for program expenditures may continue 441
until the account balance is expended or remaining funds have 442
reverted to the stat e student returns to a public school, 443
graduates from high school, or reaches the age of 21, whichever 444
occurs first. A scholarship student who enrolls in a public 445
school or public school program is considered to have returned 446
to a public school for the purp ose of determining the end of the 447
scholarship's term. However, if a student enters a Department of 448
Juvenile Justice detention center for a period of no more than 449
21 days, the student is not considered to have returned to a 450
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public school for that purpose. 451
(6) SCHOLARSHIP PROHIBITIONS. —A student is not eligible 452
for a Family Empowerment Scholarship while he or she is: 453
(f) Participating in virtual instruction pursuant to s. 454
1002.455 that receives state funding pursuant to the student's 455
participation. 456
(7) SCHOOL DISTRICT OBLIGATIONS. — 457
(b)1. The parent of a student with a disability who does 458
not have an IEP in accordance with subparagraph (3)(b)4. or who 459
seeks a reevaluation of an existing IEP may request an IEP 460
meeting and evaluation from the school distr ict in order to 461
obtain or revise a matrix of services. The school district shall 462
notify a parent who has made a request for an IEP that the 463
district is required to complete the IEP and matrix of services 464
within 30 days after receiving notice of the parent' s request. 465
The school district shall conduct a meeting and develop an IEP 466
and a matrix of services within 30 days after receipt of the 467
parent's request in accordance with State Board of Education 468
rules. The district must accept the diagnosis and consider t he 469
service plan of the licensed professional providing the 470
diagnosis pursuant to subparagraph (3)(b)4. The school district 471
must complete a matrix that assigns the student to one of the 472
levels of service as they existed before the 2000 -2001 school 473
year. For a nonpublic school student without an IEP, the school 474
district is authorized to use evaluation reports and plans of 475
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care developed by the licensed professionals under subparagraph 476
(4)(b)3. to complete the matrix of services. 477
2.a. The school district mus t provide the student's parent 478
and the department with the student's matrix level within 10 479
calendar days after its completion. 480
b. The department shall notify the parent and the 481
organization of the amount of the funds awarded within 10 days 482
after receiving the school district's notification of the 483
student's matrix level. 484
c. A school district may change a matrix of services only 485
if the change is a result of an IEP reevaluation or to correct a 486
technical, typographical, or calculation error. 487
(d) The school district in which a participating student 488
resides must notify the student and his or her parent about the 489
locations and times to take all statewide assessments under s. 490
1008.22 if the student chooses to participate in such 491
assessments. Upon the request of the department, a school 492
district shall coordinate with the department to provide to a 493
participating private school the statewide assessments 494
administered under s. 1008.22 and any related materials for 495
administering the assessments. For a student who pa rticipates in 496
the Family Empowerment Scholarship Program whose parent requests 497
that the student take the statewide assessments under s. 498
1008.22, the district in which the student attends a private 499
school shall provide locations and times to take all statew ide 500
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assessments. A school district is responsible for implementing 501
test administrations at a participating private school, 502
including the: 503
1. Provision of training for private school staff on test 504
security and assessment administration procedures; 505
2. Distribution of testing materials to a private school; 506
3. Retrieval of testing materials from a private school; 507
4. Provision of the required format for a private school 508
to submit information to the district for test administration 509
and enrollment purposes ; and 510
5. Provision of any required assistance, monitoring, or 511
investigation at a private school. 512
(f) A school district shall report all students who are 513
receiving a scholarship under this program. Students receiving a 514
scholarship shall be reported sepa rately from other students 515
reported for purposes of the Florida Education Finance Program. 516
(g) A school district shall be held harmless for students 517
who are receiving a scholarship under this program from the 518
weighted enrollment ceiling for group 2 progr ams in s. 519
1011.62(1)(d)3.b. during the first school year in which the 520
students are reported. 521
(8) DEPARTMENT OF EDUCATION OBLIGATIONS. — 522
(a) The department shall: 523
1. Publish and update, as necessary, information on the 524
department website about the Family Empowerment Scholarship 525
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Program, including, but not limited to, student eligibility 526
criteria, parental responsibilities, and relevant data. 527
2. Report, as part of the determination of full -time 528
equivalent membership pursuant to s. 1011.62(1)(a), all students 529
who are receiving a scholarship under the program and are funded 530
through the Florida Education Finance Program, and cross-check 531
the list of participating schol arship students with the public 532
school enrollment lists to avoid duplication. 533
3. Maintain and annually publish a list of nationally 534
norm-referenced tests identified for purposes of satisfying the 535
testing requirement in subparagraph (9)(c)1. The tests mus t meet 536
industry standards of quality in accordance with state board 537
rule. 538
4. Notify eligible nonprofit scholarship -funding 539
organizations of the deadlines for submitting the verified list 540
of students determined to be eligible for a scholarship. An 541
eligible nonprofit scholarship -funding organization may not 542
submit a student for funding after February 1. 543
5. Notify each school district of a parent's participation 544
in the scholarship program for purposes of paragraph (7)(f). 545
5.6. Deny or terminate program p articipation upon a 546
parent's failure to comply with subsection (10). 547
6.7. Notify the parent and the organization when a 548
scholarship account is closed and program funds revert to the 549
state. 550
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7.8. Notify an eligible nonprofit scholarship -funding 551
organization of any of the organization's or other 552
organization's identified students who are receiving 553
scholarships under this chapter. 554
8.9. Maintain on its website a list of approved providers 555
as required by s. 1002.66, eligible postsecondary educational 556
institutions, eligible private schools, and eligible 557
organizations and may identify or provide links to lists of 558
other approved providers. 559
9.10. Require each organization to verify eligible 560
expenditures before the distribution of funds for any 561
expenditures made pursuant to subparagraphs (4)(b)1. and 2. 562
Review of expenditures made for services specified in 563
subparagraphs (4)(b)3. -15. may be completed after the purchase 564
is made. 565
10.11. Investigate any written complaint of a violation of 566
this section by a parent, a student, a private school, a public 567
school, a school district, an organization, a provider, or 568
another appropriate party in accordance with the process 569
established under s. 1002.421. 570
11.12. Require quarterly reports by an organization, which 571
must include, at a minimum, the number of students participating 572
in the program; the demographics of program participants; the 573
disability category of program participants; the matrix level of 574
services, if known; the program award amount per student; the 575
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total expenditures for the purposes specified in paragraph 576
(4)(b); the types of providers of services to students; and any 577
other information deemed necessary by the department. 578
12.13. Notify eligible nonprofit scholarship -funding 579
organizations that scholarships may not be awarded in a school 580
district in which the award will exceed 99 percent of the school 581
district's share of state funding through the Florida Education 582
Finance Program as calculated by the department. 583
13.14. Adjust payments to eligible nonprofit sch olarship-584
funding organizations and, when the Florida Education Finance 585
Program is recalculated, adjust the amount of state funds 586
allocated to school districts through the Florida Education 587
Finance Program based upon the results of the cross -check 588
completed pursuant to subparagraph 2. 589
(c) The department shall notify each school district of 590
the full-time equivalent student consensus estimate of students 591
participating in the program developed pursuant to s. 592
216.136(4)(a). 593
(9) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be 594
eligible to participate in the Family Empowerment Scholarship 595
Program, a private school may be sectarian or nonsectarian and 596
must: 597
(d) For a student determined eligible pursuant to 598
paragraph (3)(b), discuss the school's academic progr ams and 599
policies, specialized services, code of conduct, and attendance 600
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policies before enrollment with the parent to determine which 601
programs and services may meet the student's individual needs. 602
603
If a private school fails to meet the requirements of this 604
subsection or s. 1002.421, the commissioner may determine that 605
the private school is ineligible to participate in the 606
scholarship program. 607
(10) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 608
PARTICIPATION.— 609
(a) A parent who applies for program partic ipation under 610
paragraph (3)(a) whose student will be enrolled full time is 611
exercising his or her parental option to place his or her child 612
in a private school and must: 613
1. Select the private school and apply for the admission 614
of his or her student. 615
2. Request the scholarship by a date established by the 616
organization, in a manner that creates a written or electronic 617
record of the request and the date of receipt of the request. 618
3. Inform the applicable school district when the parent 619
withdraws his or her student from a public school to attend an 620
eligible private school. 621
4. Require his or her student participating in the program 622
to remain in attendance throughout the school year unless 623
excused by the school for illness or other good cause. 624
5. Meet with the private school's principal or the 625
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principal's designee to review the school's academic programs 626
and policies, specialized services customized educational 627
programs, code of student conduct, and attendance policies 628
before prior to enrollment. 629
6. Require that the student participating in the 630
scholarship program takes the norm -referenced assessment offered 631
by the private school. The parent may also choose to have the 632
student participate in the statewide assessments pursuant to 633
paragraph (7)(d). If the p arent requests that the student 634
participating in the program take all statewide assessments 635
required pursuant to s. 1008.22, the parent is responsible for 636
transporting the student to the assessment site designated by 637
the school district. 638
7. Approve each payment before the scholarship funds may 639
be deposited by funds transfer Restrictively endorse the 640
warrant, issued in the name of the parent pursuant to 641
subparagraph (12)(a)4. (12)(a)6., to the private school for 642
deposit into the private school's account. The parent may not 643
designate any entity or individual associated with the 644
participating private school as the parent's attorney in fact to 645
approve a funds transfer. A participant who fails to comply with 646
this paragraph forfeits the endorse a scholarship warrant. 647
8. Agree to have the organization commit scholarship funds 648
on behalf of his or her student for tuition and fees for which 649
the parent is responsible for payment at the private school 650
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before using empowerment account funds for additional authorized 651
uses under paragraph (4)(a). A parent is responsible for all 652
eligible expenses in excess of the amount of the scholarship. 653
(b) A parent who applies for program participation under 654
paragraph (3)(b) is exercising his or her parental option to 655
determine the appropriate placement or the services that best 656
meet the needs of his or her child and must: 657
1. Apply to an eligible nonprofit scholarship -funding 658
organization to participate in the program by a date set by the 659
organization. The request must be communica ted directly to the 660
organization in a manner that creates a written or electronic 661
record of the request and the date of receipt of the request. 662
2. Sign an agreement with the organization and annually 663
submit a sworn compliance statement to the organizatio n to 664
satisfy or maintain program eligibility, including eligibility 665
to receive and spend program payments by: 666
a. Affirming that the student is enrolled in a program 667
that meets regular school attendance requirements as provided in 668
s. 1003.01(13)(b), (c), or (d). 669
b. Affirming that the program funds are used only for 670
authorized purposes serving the student's educational needs, as 671
described in paragraph (4)(b); that any prepaid college plan or 672
college savings plan funds contributed pursuant to subparagraph 673
(4)(b)6. will not be transferred to another beneficiary while 674
the plan contains funds contributed pursuant to this section; 675
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and that they will not receive a payment, refund, or rebate of 676
any funds provided under this section. 677
c. Affirming that the parent is responsible for all 678
eligible expenses in excess of the amount of the scholarship and 679
for the education of his or her student by, as applicable: 680
(I) Requiring the student to take an assessment in 681
accordance with paragraph (9)(c); 682
(II) Providing an a nnual evaluation in accordance with s. 683
1002.41(1)(f); or 684
(III) Requiring the child to take any preassessments and 685
postassessments selected by the provider if the child is 4 years 686
of age and is enrolled in a program provided by an eligible 687
Voluntary Prekindergarten Education Program provider. A student 688
with disabilities for whom the physician or psychologist who 689
issued the diagnosis or the IEP team determines that a 690
preassessment and postassessment is not appropriate is exempt 691
from this requirement. A part icipating provider shall report a 692
student's scores to the parent. 693
d. Affirming that the student remains in good standing 694
with the provider or school if those options are selected by the 695
parent. 696
e. Enrolling his or her child in a program from a 697
Voluntary Prekindergarten Education Program provider authorized 698
under s. 1002.55, a school readiness provider authorized under 699
s. 1002.88, or an eligible private school if either option is 700
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selected by the parent. 701
f. Renewing participation in the program each yea r. A 702
student whose participation in the program is not renewed may 703
continue to spend scholarship funds that are in his or her 704
account from prior years unless the account must be closed 705
pursuant to subparagraph (5)(b)3. Notwithstanding any changes to 706
the student's IEP, a student who was previously eligible for 707
participation in the program shall remain eligible to apply for 708
renewal. However, for a high -risk child to continue to 709
participate in the program in the school year after he or she 710
reaches 6 years of a ge, the child's application for renewal of 711
program participation must contain documentation that the child 712
has a disability defined in paragraph (2)(e) paragraph (2)(d) 713
other than high-risk status. 714
g. Procuring the services necessary to educate the 715
student. If such services include enrollment in an eligible 716
private school, the parent must meet with the private school's 717
principal or the principal's designee to review the school's 718
academic programs and policies, specialized services, code of 719
student conduct, and attendance policies before his or her 720
student is enrolled If a parent does not procure the necessary 721
educational services for the student and the student's account 722
has been inactive for 2 consecutive fiscal years, the student is 723
ineligible for additi onal scholarship payments until the 724
scholarship-funding organization verifies that expenditures from 725
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the account have occurred . When the student receives a 726
scholarship, the district school board is not obligated to 727
provide the student with a free appropria te public education. 728
For purposes of s. 1003.57 and the Individuals with Disabilities 729
in Education Act, a participating student has only those rights 730
that apply to all other unilaterally parentally placed students, 731
except that, when requested by the parent , school district 732
personnel must develop an IEP or matrix level of services. 733
(11) OBLIGATIONS OF ELIGIBLE SCHOLARSHIP -FUNDING 734
ORGANIZATIONS.— 735
(a) An eligible nonprofit scholarship -funding organization 736
awarding scholarships to eligible students pursuant to paragraph 737
(3)(a): 738
1. Must receive applications, determine student 739
eligibility, notify parents in accordance with the requirements 740
of this section, and provide the department with information on 741
the student to enable the department to determine studen t 742
funding in accordance with paragraph (12)(a). 743
2. Shall verify the household income level of students 744
pursuant to subparagraph (3)(a)1. and submit the verified list 745
of students and related documentation to the department when 746
necessary. 747
3. Shall award scholarships in priority order pursuant to 748
paragraph (3)(a). 749
4. Shall establish and maintain separate empowerment 750
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accounts for each eligible student. For each account, the 751
organization must maintain a record of accrued interest that is 752
retained in the student's account and available only for 753
authorized program expenditures. 754
5. May permit eligible students to use program funds for 755
the purposes specified in paragraph (4)(a) by paying for the 756
authorized use directly, then submitting a reimbursement reque st 757
to the eligible nonprofit scholarship -funding organization. 758
However, an eligible nonprofit scholarship -funding organization 759
may require the use of an online platform for direct purchases 760
of products so long as such use does not limit a parent's choice 761
of curriculum or academic programs. If a parent purchases a 762
product identical to one offered by an organization's online 763
platform for a lower price, the organization shall reimburse the 764
parent the cost of the product. 765
6. May, from eligible contributions received pursuant to 766
s. 1002.395(6)(l)1. s. 1002.395(6)(j)1., use an amount not to 767
exceed 2.5 percent of the total amount of all scholarships 768
funded under this section for administrative expenses associated 769
with performing functions under this section. An eligible 770
nonprofit scholarship -funding organization that has, for the 771
prior fiscal year, complied with the expenditure requirements of 772
s. 1002.395(6)(l)2., may use an amount not to exceed 3 percent. 773
Such administrative expense amount is considered within t he 3 774
percent limit on the total amount an organization may use to 775
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administer scholarships under this chapter. 776
7.5. Must, in a timely manner, submit any information 777
requested by the department relating to the scholarship under 778
this section. 779
8.6. Must notify the department about any violation of 780
this section by a parent or a private school . 781
9. Must document each student's eligibility for a fiscal 782
year before granting a scholarship for that fiscal year. A 783
student is ineligible for a scholarship if the st udent's account 784
has been inactive for 2 consecutive fiscal years. 785
10. Must notify each parent that participation in the 786
scholarship program does not guarantee enrollment. 787
11. Shall commit scholarship funds on behalf of the 788
student for tuition and fees for which the parent is responsible 789
for payment at the private school before using empowerment 790
account funds for additional authorized uses under paragraph (4) 791
(a). 792
(12) SCHOLARSHIP FUNDING AND PAYMENT. — 793
(a)1. Scholarships for students determined eligi ble 794
pursuant to paragraph (3)(a) may be funded once all scholarships 795
have been funded in accordance with s. 1002.395(6)(l)2. are 796
established for up to 18,000 students annually beginning in the 797
2019-2020 school year. Beginning in the 2020 -2021 school year, 798
the maximum number of students participating in the scholarship 799
program under this section shall annually increase by 1.0 800
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percent of the state's total full -time equivalent student 801
membership. An eligible student who meets any of the following 802
requirements shall be excluded from the maximum number of 803
students if the student: 804
a. Is a dependent child of a law enforcement officer or a 805
member of the United States Armed Forces, a foster child, or an 806
adopted child; or 807
b. Is determined eligible pursuant to subparagraph 808
(3)(a)1. or subparagraph (3)(a)2. and either spent the prior 809
school year in attendance at a Florida public school ; or, 810
beginning in the 2022 -2023 school year, is eligible to enroll in 811
kindergarten. For purposes of this subparagraph, the term " prior 812
school year in attendance" means that the student was enrolled 813
and reported by a school district for funding during either the 814
preceding October or February full -time equivalent student 815
membership surveys in kindergarten through grade 12, which 816
includes time spent in a Department of Juvenile Justice 817
commitment program if funded under the Florida Education Finance 818
Program. 819
2. The scholarship amount provided to a student for any 820
single school year shall be for tuition and fees for an eligible 821
private school, not to exceed annual limits, which shall be 822
determined in accordance with this subparagraph. The calculated 823
scholarship amount for a participating student determined 824
eligible pursuant to paragraph (3)(a) shall be based upon the 825
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grade level and scho ol district in which the student was 826
assigned as 100 percent of the funds per unweighted full -time 827
equivalent in the Florida Education Finance Program for a 828
student in the basic program established pursuant to s. 829
1011.62(1)(c)1., plus a per -full-time equivalent share of funds 830
for all categorical programs, except for the exceptional student 831
education guaranteed allocation established pursuant to s. 832
1011.62(1)(e). 833
3. The amount of the scholarship shall be the calculated 834
amount or the amount of the private s chool's tuition and fees, 835
whichever is less. The amount of any assessment fee required by 836
the participating private school and any costs to provide a 837
digital device, including Internet access, if necessary, to the 838
student may be paid from the total amount of the scholarship. 839
2.4. A scholarship of $750 or an amount equal to the 840
school district expenditure per student riding a school bus, as 841
determined by the department, whichever is greater, may be 842
awarded to an eligible a student who is determined eligible 843
pursuant to subparagraph (3)(a)1. or subparagraph (3)(a)2. and 844
enrolled in a Florida public school that is different from the 845
school to which the student was assigned or in a lab school as 846
defined in s. 1002.32 if the school district does not provide 847
the student with transportation to the school. 848
3.5. The organization must provide the department with the 849
documentation necessary to verify the student's participation. 850
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Upon receiving the documentation, the department shall transfer, 851
beginning August 1, from state funds only, the amount calculated 852
pursuant to subparagraph 2. to the organization for quarterly 853
disbursement to parents of participating students each school 854
year in which the scholarship is in force. For a student exiting 855
a Department of Juvenile Justice commitment program who chooses 856
to participate in the scholarship program, the amount of the 857
Family Empowerment Scholarship calculated pursuant to 858
subparagraph 2. must be transferred from the school district in 859
which the student last attended a publ ic school before 860
commitment to the Department of Juvenile Justice. When a student 861
enters the scholarship program, the organization must receive 862
all documentation required for the student's participation, 863
including the private school's and the student's fee schedules, 864
at least 30 days before the first quarterly scholarship payment 865
is made for the student. 866
4.6. The initial payment shall be made after the 867
organization's verification of admission acceptance, and 868
subsequent payments shall be made upon verifica tion of continued 869
enrollment and attendance at the private school. Payment must be 870
by individual warrant made payable to the student's parent or by 871
funds transfer or any other means of payment that the department 872
deems to be commercially viable or cost -effective. If the 873
payment is made by warrant, the warrant must be delivered by the 874
organization to the private school of the parent's choice, and 875
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the parent shall restrictively endorse the warrant to the 876
private school. An organization shall ensure that the p arent to 877
whom the warrant is made has restrictively endorsed the warrant 878
to the private school for deposit into the account of the 879
private school or that the parent has approved a funds transfer 880
before any scholarship funds are deposited. 881
5. An organization may not transfer any funds to an 882
account of a student determined eligible pursuant to paragraph 883
(3)(a) which has a balance in excess of $24,000. 884
(b)1. Scholarships for students determined eligible 885
pursuant to paragraph (3)(b) are established for up t o 26,500 886
students annually beginning in the 2022 -2023 school year. 887
Beginning in the 2023 -2024 school year, the maximum number of 888
students participating in the scholarship program under this 889
section shall annually increase by 3.0 1.0 percent of the 890
state's total exceptional student education full -time equivalent 891
student membership, not including gifted students. An eligible 892
student who meets any of the following requirements shall be 893
excluded from the maximum number of students if the student: 894
a. Received specialized instructional services under the 895
Voluntary Prekindergarten Education Program pursuant to s. 896
1002.66 during the previous school year and the student has a 897
current IEP developed by the district school board in accordance 898
with rules of the State B oard of Education; 899
b. Is a dependent child of a law enforcement officer or a 900
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member of the United States Armed Forces, a foster child, or an 901
adopted child; or 902
c. Spent the prior school year in attendance at a Florida 903
public school or the Florida School for the Deaf and the Blind. 904
For purposes of this subparagraph, the term "prior school year 905
in attendance" means that the student was enrolled and reported 906
by: 907
(I) A school district for funding during either the 908
preceding October or February full -time equivalent student 909
membership surveys in kindergarten through grade 12, which 910
includes time spent in a Department of Juvenile Justice 911
commitment program if funded under the Florida Education Finance 912
Program; 913
(II) The Florida School for the Deaf and the Bli nd during 914
the preceding October or February full -time equivalent student 915
membership surveys in kindergarten through grade 12; 916
(III) A school district for funding during the preceding 917
October or February full -time equivalent student membership 918
surveys, was at least 4 years of age when enrolled and reported, 919
and was eligible for services under s. 1003.21(1)(e); or 920
(IV) Received a John M. McKay Scholarship for Students 921
with Disabilities in the 2021 -2022 school year. 922
2. For a student who has a Level I to Level III matrix of 923
services or a diagnosis by a physician or psychologist, the 924
calculated scholarship amount for a student participating in the 925
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program must be based upon the grade level and school district 926
in which the student would have been enrolled as the total funds 927
per unweighted full-time equivalent in the Florida Education 928
Finance Program for a student in the basic exceptional student 929
education program pursuant to s. 1011.62(1)(c)1. and (e)1.c., 930
plus a per full-time equivalent share of funds for al l 931
categorical programs, as funded in the General Appropriations 932
Act, except that for the exceptional student education 933
guaranteed allocation, as provided in s. 1011.62(1)(e)1.c. and 934
2., the funds must be allocated based on the school district's 935
average exceptional student education guaranteed allocation 936
funds per exceptional student education full -time equivalent 937
student. 938
3. For a student with a Level IV or Level V matrix of 939
services, the calculated scholarship amount must be based upon 940
the school district to which the student would have been 941
assigned as the total funds per full -time equivalent for the 942
Level IV or Level V exceptional student education program 943
pursuant to s. 1011.62(1)(c)2.a. or b., plus a per -full time 944
equivalent share of funds for all cat egorical programs, as 945
funded in the General Appropriations Act. 946
4. For a student who received a Gardiner Scholarship 947
pursuant to s. 1002.385 in the 2020 -2021 school year, the amount 948
shall be the greater of the amount calculated pursuant to 949
subparagraph 2. or the amount the student received for the 2020 -950
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2021 school year. 951
5. For a student who received a John M. McKay Scholarship 952
pursuant to s. 1002.39 in the 2020 -2021 school year, the amount 953
shall be the greater of the amount calculated pursuant to 954
subparagraph 2. or the amount the student received for the 2020 -955
2021 school year. 956
6. The organization must provide the department with the 957
documentation necessary to verify the student's participation. 958
7. Upon receiving the documentation, the department shal l 959
release, from state funds only, the student's scholarship funds 960
to the organization, to be deposited into the student's account 961
in four equal amounts no later than September 1, November 1, 962
February 1, and April 1 of each school year in which the 963
scholarship is in force. 964
8. Accrued interest in the student's account is in 965
addition to, and not part of, the awarded funds. Program funds 966
include both the awarded funds and accrued interest. 967
9. The organization may develop a system for payment of 968
benefits by funds transfer, including, but not limited to, debit 969
cards, electronic payment cards, or any other means of payment 970
which the department deems to be commercially viable or cost -971
effective. A student's scholarship award may not be reduced for 972
debit card or electronic payment fees. Commodities or services 973
related to the development of such a system must be procured by 974
competitive solicitation unless they are purchased from a state 975
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term contract pursuant to s. 287.056. 976
10. An organization may not transfer any funds to an 977
account of a student determined to be eligible pursuant to 978
paragraph (3)(b) which has a balance in excess of $50,000. 979
11.10. Moneys received pursuant to this section do not 980
constitute taxable income to the qualified student or the parent 981
of the qualified student. 982
Section 6. Paragraphs (b) through (f), (g) through (i), 983
and (j) and (k) of subsection (2) of section 1002.395, Florida 984
Statutes, are redesignated as paragraphs (c) through (g), (i) 985
through (k), and (o) and (p), respectively, para graphs (e) 986
through (f) and (g) through (q) of subsection (6) are 987
redesignated as paragraphs (f) through (g) and (i) through (s), 988
respectively, present paragraphs (e) and (g) of subsection (2), 989
paragraph (b) of subsection (3), subsection (4), present 990
paragraphs (b), (d), (f), (j), and (o) of subsection (6), 991
subsection (7), paragraphs (a), (b), (c), (e), (f), and (j) of 992
subsection (9), paragraph (b) of subsection (11), and subsection 993
(15) are amended, and new paragraphs (b), (h), (l), (m), and (n) 994
are added to subsection (2), paragraphs (e), (h), (t), (u), (v), 995
(w), and (x) are added to subsection (6), paragraph (k) is added 996
to subsection (9), and paragraphs (e) through (h) are added to 997
subsection (11) of that section, to read: 998
1002.395 Florida Tax Credit Sc holarship Program.— 999
(2) DEFINITIONS.—As used in this section, the term: 1000
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(b) "Choice navigator" means an individual who meets the 1001
requirements of sub-subparagraph (6)(d)2.h. and who provides 1002
consultations, at a mutually agreed upon location, on the 1003
selection of, application for, and enrollment in educational 1004
options addressing the academic needs of a student; curriculum 1005
selection; and advice on career and postsecondary education 1006
opportunities. However, nothing in this section authorizes a 1007
choice navigator to oversee or exercise control over the 1008
curricula or academic programs of a personalized education 1009
program. 1010
(f)(e) "Eligible contribution" means a monetary 1011
contribution from a taxpayer, subject to the restrictions 1012
provided in this section, to an eligible nonprofit scholarship -1013
funding organization pursuant to ss. 212.099, 212.1832, 1014
1002.395, and 1002.40 . The taxpayer making the contribution may 1015
not designate a specific child as the beneficiary of the 1016
contribution. 1017
(h) "Eligible postsecondary educational institution" means 1018
a Florida College System institution; a state university; a 1019
school district technical center; a school district adult 1020
general education center; an independent college or university 1021
eligible to participate in the William L. Boyd, IV, Effective 1022
Access to Student Education Grant Program under s. 1009.89; or 1023
an accredited independent postsecondary educat ional institution, 1024
as defined in s. 1005.02, which is licensed to operate in this 1025
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state under part III of chapter 1005 or is approved to 1026
participate in a reciprocity agreement as defined in s. 1027
1000.35(2). 1028
(i)(g) "Eligible private school" means a private school, 1029
as defined in s. 1002.01 s. 1002.01(2), located in Florida which 1030
offers an education to students in any grades K -12 and that 1031
meets the requirements in subsection (8). 1032
(l) "Personalized education program" has the same meaning 1033
as in s. 1002.01. 1034
(m) "Personalized education student" means a student whose 1035
parent applies to an eligible nonprofit scholarship -funding 1036
organization for participation in a personalized education 1037
program. 1038
(n) "Student learning plan" means a customized learning 1039
plan developed by a parent, at least annually, to guide 1040
instruction for his or her student and to identify the goods and 1041
services needed to address the academic needs of his or her 1042
student. 1043
(3) PROGRAM; INITIAL SCHOLARSHIP ELIGIBILITY. — 1044
(b)1. A student is eligible for a Florida tax credit 1045
scholarship under this section if the student is a resident of 1046
this state and is eligible to enroll in kindergarten through 1047
grade 12 in a public school in this state meets one or more of 1048
the following criteria: 1049
1. The student is on the direct certification list or the 1050
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student's household income level does not exceed 375 percent of 1051
the federal poverty level or an adjusted maximum percent of the 1052
federal poverty level authorized under s. 1002.394(3)(a)3.; or 1053
2. The student is curr ently placed, or during the previous 1054
state fiscal year was placed, in foster care or in out -of-home 1055
care as defined in s. 39.01 . 1056
2. Priority must be given in the following order: to 1057
a. A student whose household income level does not exceed 1058
185 percent of the federal poverty level or who is in foster 1059
care or out-of-home care. 1060
b. A student whose household income level exceeds 185 1061
percent of the federal poverty level, but does not exceed 400 1062
percent of the federal poverty level. who initially receives a 1063
scholarship based on eligibility under this paragraph remains 1064
eligible to participate until he or she graduates from high 1065
school or attains the age of 21 years, whichever occurs first, 1066
regardless of the student's household income level. A sibling of 1067
a student who is participating in the scholarship program under 1068
this subsection is eligible for a scholarship if the student 1069
resides in the same household as the sibling. 1070
(4) SCHOLARSHIP PROHIBITIONS. —A student is not eligible 1071
for a scholarship while he or s he is: 1072
(a) Enrolled in a public school, including, but not 1073
limited to, the Florida School for the Deaf and the Blind, the 1074
College-Preparatory Boarding Academy, a developmental research 1075
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school authorized under s. 1002.32, or a charter school 1076
authorized under this chapter. For purposes of this paragraph, a 1077
3- or 4-year-old child who receives services funded through the 1078
Florida Education Finance Program is considered a student 1079
enrolled in a public school; 1080
(b)(a) Enrolled in a school operating for the purpo se of 1081
providing educational services to youth in a Department of 1082
Juvenile Justice commitment program programs; 1083
(b) Receiving a scholarship from another eligible 1084
nonprofit scholarship -funding organization under this section; 1085
(c) Receiving any other an educational scholarship 1086
pursuant to this chapter; 1087
(d) Not having regular and direct contact with his or her 1088
private school teachers pursuant to s. 1002.421(1)(i) unless he 1089
or she is enrolled in a personalized education program; 1090
(e)(d) Participating in a home education program as 1091
defined in s. 1002.01(1); 1092
(f)(e) Participating in a private tutoring program 1093
pursuant to s. 1002.43 unless he or she is enrolled in a 1094
personalized education program ; or 1095
(g)(f) Participating in a virtual instruction pursuant t o 1096
s. 1002.455 school, correspondence school, or distance learning 1097
program that receives state funding pursuant to the student's 1098
participation unless the participation is limited to no more 1099
than two courses per school year; or 1100
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(g) Enrolled in the Florida School for the Deaf and the 1101
Blind. 1102
(6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP -FUNDING 1103
ORGANIZATIONS.—An eligible nonprofit scholarship -funding 1104
organization: 1105
(b) Must comply with the following background check 1106
requirements: 1107
1. All owners and op erators as defined in subparagraph 1108
(2)(k)1. (2)(i)1. are, before employment or engagement to 1109
provide services, subject to level 2 background screening as 1110
provided under chapter 435. The fingerprints for the background 1111
screening must be electronically submi tted to the Department of 1112
Law Enforcement and can be taken by an authorized law 1113
enforcement agency or by an employee of the eligible nonprofit 1114
scholarship-funding organization or a private company who is 1115
trained to take fingerprints. However, the complete set of 1116
fingerprints of an owner or operator may not be taken by the 1117
owner or operator. The results of the state and national 1118
criminal history check shall be provided to the Department of 1119
Education for screening under chapter 435. The cost of the 1120
background screening may be borne by the eligible nonprofit 1121
scholarship-funding organization or the owner or operator. 1122
2. Every 5 years following employment or engagement to 1123
provide services or association with an eligible nonprofit 1124
scholarship-funding organization, each owner or operator must 1125
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meet level 2 screening standards as described in s. 435.04, at 1126
which time the nonprofit scholarship -funding organization shall 1127
request the Department of Law Enforcement to forward the 1128
fingerprints to the Federal Bureau of Inv estigation for level 2 1129
screening. If the fingerprints of an owner or operator are not 1130
retained by the Department of Law Enforcement under subparagraph 1131
3., the owner or operator must electronically file a complete 1132
set of fingerprints with the Department of Law Enforcement. Upon 1133
submission of fingerprints for this purpose, the eligible 1134
nonprofit scholarship -funding organization shall request that 1135
the Department of Law Enforcement forward the fingerprints to 1136
the Federal Bureau of Investigation for level 2 scre ening, and 1137
the fingerprints shall be retained by the Department of Law 1138
Enforcement under subparagraph 3. 1139
3. Fingerprints submitted to the Department of Law 1140
Enforcement as required by this paragraph must be retained by 1141
the Department of Law Enforcement in a manner approved by rule 1142
and entered in the statewide automated biometric identification 1143
system authorized by s. 943.05(2)(b). The fingerprints must 1144
thereafter be available for all purposes and uses authorized for 1145
arrest fingerprints entered in the state wide automated biometric 1146
identification system pursuant to s. 943.051. 1147
4. The Department of Law Enforcement shall search all 1148
arrest fingerprints received under s. 943.051 against the 1149
fingerprints retained in the statewide automated biometric 1150
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identification system under subparagraph 3. Any arrest record 1151
that is identified with an owner's or operator's fingerprints 1152
must be reported to the Department of Education. The Department 1153
of Education shall participate in this search process by paying 1154
an annual fee to the Department of Law Enforcement and by 1155
informing the Department of Law Enforcement of any change in the 1156
employment, engagement, or association status of the owners or 1157
operators whose fingerprints are retained under subparagraph 3. 1158
The Department of Law Enforcement shall adopt a rule setting the 1159
amount of the annual fee to be imposed upon the Department of 1160
Education for performing these services and establishing the 1161
procedures for the retention of owner and operator fingerprints 1162
and the dissemination of search results. The fee may be borne by 1163
the owner or operator of the nonprofit scholarship -funding 1164
organization. 1165
5. A nonprofit scholarship -funding organization whose 1166
owner or operator fails the level 2 background screening is not 1167
eligible to provide scholarships under this section. 1168
6. A nonprofit scholarship -funding organization whose 1169
owner or operator in the last 7 years has filed for personal 1170
bankruptcy or corporate bankruptcy in a corporation of which he 1171
or she owned more than 20 percent shall not be eligible to 1172
provide scholarships under this section. 1173
7. In addition to the offenses listed in s. 435.04, a 1174
person required to undergo background screening pursuant to this 1175
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part or authorizing statutes must not have an arrest awaiting 1176
final disposition for, must not have been found guilty of, or 1177
entered a plea of nolo contendere to, regardless of 1178
adjudication, and must not have been adjudicated delinquent, and 1179
the record must not have been sealed or expunged for, any of the 1180
following offenses or any similar offense of another 1181
jurisdiction: 1182
a. Any authorizing statutes, if the offense was a felony. 1183
b. This chapter, if the offense was a felony. 1184
c. Section 409.920, relating to Medicaid provider fraud. 1185
d. Section 409.9201, relating to Medica id fraud. 1186
e. Section 741.28, relating to domestic violence. 1187
f. Section 817.034, relating to fraudulent acts through 1188
mail, wire, radio, electromagnetic, photoelectronic, or 1189
photooptical systems. 1190
g. Section 817.234, relating to false and fraudulent 1191
insurance claims. 1192
h. Section 817.505, relating to patient brokering. 1193
i. Section 817.568, relating to criminal use of personal 1194
identification information. 1195
j. Section 817.60, relating to obtaining a credit card 1196
through fraudulent means. 1197
k. Section 817.61, relating to fraudulent use of credit 1198
cards, if the offense was a felony. 1199
l. Section 831.01, relating to forgery. 1200
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m. Section 831.02, relating to uttering forged 1201
instruments. 1202
n. Section 831.07, relating to forging bank bills, checks, 1203
drafts, or promissory notes. 1204
o. Section 831.09, relating to uttering forged bank bills, 1205
checks, drafts, or promissory notes. 1206
p. Section 831.30, relating to fraud in obtaining 1207
medicinal drugs. 1208
q. Section 831.31, relating to the sale, manufacture, 1209
delivery, or possession with the intent to sell, manufacture, or 1210
deliver any counterfeit controlled substance, if the offense was 1211
a felony. 1212
(d)1. For the 2023-2024 school year, may fund no more than 1213
20,000 scholarships for students who are enrolled pursuant to 1214
paragraph (7)(b). The number of scholarships funded for such 1215
students may increase by 40,000 in each subsequent school year. 1216
This subparagraph is repealed July 1, 2027. 1217
2. Must establish and maintain separate empowerment 1218
accounts from eligible contributions for each eligible student. 1219
For each account, the organization must maintain a record of 1220
accrued interest retained in the student's account. The 1221
organization must verify that scholarship funds are used for 1222
provide scholarships, from eligible contributions, to eligi ble 1223
students for the cost of : 1224
a.1. Tuition and fees for full-time or part-time 1225
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enrollment in an eligible private school .; or 1226
b.2. Transportation to a Florida public school in which a 1227
student is enrolled and that is different from the school to 1228
which the student was assigned or to a lab school as defined in 1229
s. 1002.32. 1230
c. Instructional materials, including digital materials 1231
and Internet resources. 1232
d. Curriculum as defined in s. 1002.394(2). 1233
e. Tuition and fees associated with full -time or part-time 1234
enrollment in a home education instructional program; an 1235
eligible postsecondary educational institution or a program 1236
offered by the postsecondary educational institution, unless the 1237
program is subject to s. 1009.25 or reimbursed pursuant to s. 1238
1009.30; an approved preapprenticeship program as defined in s. 1239
446.021(5) which is not subject to s. 1009.25 and complies with 1240
all applicable requirements of the Department of Education 1241
pursuant to chapter 1005; a private tutoring program authorized 1242
under s. 1002.43; a virtual program offered by a department -1243
approved private online provider that meets the provider 1244
qualifications specified in s. 1002.45(2)(a); the Florida 1245
Virtual School as a private paying student; or an approved 1246
online course offered pursuant to s. 1 003.499 or s. 1004.0961. 1247
f. Fees for nationally standardized, norm -referenced 1248
achievement tests, Advanced Placement Examinations, industry 1249
certification examinations, assessments related to postsecondary 1250
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education, or other assessments. 1251
g. Contracted services provided by a public school or 1252
school district, including classes. A student who receives 1253
contracted services under this sub -subparagraph is not 1254
considered enrolled in a public school for eligibility purposes 1255
as specified in subsection (11) but ra ther attending a public 1256
school on a part-time basis as authorized under s. 1002.44. 1257
h. Tuition and fees for part -time tutoring services or 1258
fees for services provided by a choice navigator. Such services 1259
must be provided by a person who holds a valid Flor ida 1260
educator's certificate pursuant to s. 1012.56, a person who 1261
holds an adjunct teaching certificate pursuant to s. 1012.57, a 1262
person who has a bachelor's degree or a graduate degree in the 1263
subject area in which instruction is given, a person who has 1264
demonstrated a mastery of subject area knowledge pursuant to s. 1265
1012.56(5), or a person certified by a nationally or 1266
internationally recognized research -based training program as 1267
approved by the Department of Education. As used in this 1268
paragraph, the term "par t-time tutoring services" does not 1269
qualify as regular school attendance as defined in s. 1270
1003.01(13)(e). 1271
(e) For students determined eligible pursuant to paragraph 1272
(7)(b), must: 1273
1. Maintain a signed agreement from the parent which 1274
constitutes complianc e with the attendance requirements under 1275
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ss. 1003.01(13) and 1003.21(1). 1276
2. Receive eligible student test scores and, beginning 1277
with the 2027-2028 school year, by August 15, annually report 1278
test scores for students pursuant to paragraph (7)(b) to a state 1279
university pursuant to paragraph (9)(f). 1280
3. Provide parents with information, guidance, and support 1281
to create and annually update a student learning plan for their 1282
student. The organization must maintain the plan and allow 1283
parents to electronically subm it, access, and revise the plan 1284
continuously. 1285
4. Upon submission by the parent of an annual student 1286
learning plan, fund a scholarship for a student determined 1287
eligible. 1288
(g)(f) Must provide a renewal or initial scholarship to an 1289
eligible student on a fi rst-come, first-served basis unless the 1290
student qualifies for priority pursuant to paragraph (f) (e). 1291
(h) Each eligible nonprofit scholarship -funding 1292
organization must refer any student eligible for a scholarship 1293
pursuant to this section who did not rece ive a renewal or 1294
initial scholarship based solely on the lack of available funds 1295
under this section and s. 1002.40(11)(i) to another eligible 1296
nonprofit scholarship -funding organization that may have funds 1297
available. 1298
(l)(j)1. May use eligible contribution s received pursuant 1299
to this section and ss. 212.099, 212.1832, and 1002.40 during 1300
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the state fiscal year in which such contributions are collected 1301
for administrative expenses if the organization has operated as 1302
an eligible nonprofit scholarship -funding organization for at 1303
least the preceding 3 fiscal years and did not have any findings 1304
of material weakness or material noncompliance in its most 1305
recent audit under paragraph (o) or is in good standing in each 1306
state in which it administers a scholarship program and the 1307
audited financial statements for the preceding 3 fiscal years 1308
are free of material misstatements and going concern issues (m). 1309
Administrative expenses from eligible contributions may not 1310
exceed 3 percent of the total amount of all scholarships fund ed 1311
by an eligible scholarship -funding organization under this 1312
chapter. Such administrative expenses must be reasonable and 1313
necessary for the organization's management and distribution of 1314
scholarships funded under this chapter. Administrative expenses 1315
may include developing or contracting with rideshare programs or 1316
facilitating carpool strategies for recipients of a 1317
transportation scholarship. No funds authorized under this 1318
subparagraph shall be used for lobbying or political activity or 1319
expenses related to lobbying or political activity. Up to one -1320
third of the funds authorized for administrative expenses under 1321
this subparagraph may be used for expenses related to the 1322
recruitment of contributions from taxpayers. An eligible 1323
nonprofit scholarship -funding organization may not charge an 1324
application fee. 1325
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2. Must award expend for annual or partial -year 1326
scholarships an amount equal to or greater than 75 percent of 1327
all estimated the net eligible contributions , as defined in 1328
subsection (2), and all funds carried for ward from the prior 1329
state fiscal year remaining after administrative expenses before 1330
funding any scholarships to students determined eligible 1331
pursuant to s. 1002.394(3)(a) during the state fiscal year in 1332
which such contributions are collected . No more than 25 percent 1333
of such net eligible contributions may be carried forward to the 1334
following state fiscal year. All amounts carried forward, for 1335
audit purposes, must be specifically identified for particular 1336
students, by student name and the name of the school t o which 1337
the student is admitted, subject to the requirements of ss. 1338
1002.22 and 1002.221 and 20 U.S.C. s. 1232g, and the applicable 1339
rules and regulations issued pursuant thereto. Any amounts 1340
carried forward shall be expended for annual or partial -year 1341
scholarships in the following state fiscal year. No later than 1342
September 30 of each year, net eligible contributions remaining 1343
on June 30 of each year that are in excess of the 25 percent 1344
that may be carried forward shall be used to provide 1345
scholarships to eligible students or transferred to other 1346
eligible nonprofit scholarship -funding organizations to provide 1347
scholarships for eligible students. All transferred funds must 1348
be deposited by each eligible nonprofit scholarship -funding 1349
organization receiving such fu nds into its scholarship account. 1350
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All transferred amounts received by any eligible nonprofit 1351
scholarship-funding organization must be separately disclosed in 1352
the annual financial audit required under paragraph (o) (m). 1353
3. Must, before granting a scholars hip for an academic 1354
year, document each scholarship student's eligibility for that 1355
academic year. A scholarship -funding organization may not grant 1356
multiyear scholarships in one approval process. 1357
(q)(o)1.a. Must participate in the joint development of 1358
agreed-upon procedures during the 2009 -2010 state fiscal year. 1359
The agreed-upon procedures must uniformly apply to all private 1360
schools and must determine, at a minimum, whether the private 1361
school has been verified as eligible by the Department of 1362
Education under s. 1002.421; has an adequate accounting system, 1363
system of financial controls, and process for deposit and 1364
classification of scholarship funds; and has properly expended 1365
scholarship funds for education -related expenses. During the 1366
development of the proc edures, the participating scholarship -1367
funding organizations shall specify guidelines governing the 1368
materiality of exceptions that may be found during the 1369
accountant's performance of the procedures. The procedures and 1370
guidelines shall be provided to private schools and the 1371
Commissioner of Education by March 15, 2011. 1372
b. Must participate in a joint review of the agreed -upon 1373
procedures and guidelines developed under sub -subparagraph a., 1374
by February of each biennium, if the scholarship -funding 1375
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organization provided more than $250,000 in scholarship funds to 1376
an eligible private school under this chapter during the state 1377
fiscal year preceding the biennial review. If the procedures and 1378
guidelines are revised, the revisions must be provided to 1379
private schools and the Commissioner of Education by March 15 of 1380
the year in which the revisions were completed. The revised 1381
agreed-upon procedures and guidelines shall take effect the 1382
subsequent school year. For the 2018-2019 school year only, the 1383
joint review of the agreed -upon procedures must be completed and 1384
the revisions submitted to the commissioner no later than 1385
September 15, 2018. The revised procedures are applicable to the 1386
2018-2019 school year. 1387
c. Must monitor the compliance of a private school with s. 1388
1002.421(1)(q) if the scholarship -funding organization provided 1389
the majority of the scholarship funding to the school. For each 1390
private school subject to s. 1002.421(1)(q), the appropriate 1391
scholarship-funding organization shall annually notify the 1392
Commissioner of Education by October 30 of: 1393
(I) A private school's failure to submit a report required 1394
under s. 1002.421(1)(q); or 1395
(II) Any material exceptions set forth in the report 1396
required under s. 1002.421(1)(q). 1397
2. Must seek input from the accrediting association s that 1398
are members of the Florida Association of Academic Nonpublic 1399
Schools and the Department of Education when jointly developing 1400
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the agreed-upon procedures and guidelines under sub -subparagraph 1401
1.a. and conducting a review of those procedures and guidel ines 1402
under sub-subparagraph 1.b. 1403
(t) Must participate in the joint development of agreed -1404
upon purchasing guidelines for authorized uses of scholarship 1405
funds under this chapter. By December 31, 2023, and by each 1406
December 31 thereafter, the purchasing guid elines must be 1407
provided to the Commissioner of Education and published on the 1408
eligible nonprofit scholarship -funding organization's website. 1409
Published purchasing guidelines shall remain in effect until 1410
there is unanimous agreement to revise the guidelines and the 1411
revisions must be provided to the commissioner and published on 1412
the organization's website within 30 days after such revisions. 1413
(u) May permit eligible students to use program funds for 1414
the purposes specified in paragraph (d) by paying for the 1415
authorized use directly, then submitting a reimbursement request 1416
to the eligible nonprofit scholarship -funding organization. 1417
However, an eligible nonprofit scholarship -funding organization 1418
may require the use of an online platform for direct purchases 1419
of products so long as such use does not limit a parent's choice 1420
of curriculum or academic programs. If a parent purchases a 1421
product identical to one offered by an organization's online 1422
platform for a lower price, the organization shall reimburse the 1423
parent the cost of the product. 1424
(v) Must notify each parent that participation in the 1425
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scholarship program does not guarantee enrollment. 1426
(w) Shall commit scholarship funds on behalf of the 1427
student for tuition and fees for which the parent is responsible 1428
for payment at the private school before using empowerment 1429
account funds for additional authorized uses under paragraph 1430
(d). 1431
(x) Beginning September 30, 2023, must submit to the 1432
department quarterly reports that provide the estimated and 1433
actual amounts of the n et eligible contributions, as defined in 1434
subsection (2), and all funds carried forward from the prior 1435
state fiscal year. 1436
1437
Information and documentation provided to the Department of 1438
Education and the Auditor General relating to the identity of a 1439
taxpayer that provides an eligible contribution under this 1440
section shall remain confidential at all times in accordance 1441
with s. 213.053. 1442
(7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 1443
PARTICIPATION.— 1444
(a) A parent whose student will be enrolled full time in a 1445
private school must: 1446
1. The parent must Select an eligible private school and 1447
apply for the admission of his or her child. 1448
2.(b) The parent must Inform the child's school district 1449
when the parent withdraws his or her child to attend an eligible 1450
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private school. 1451
3.(c) Require his or her any student participating in the 1452
scholarship program to must remain in attendance throughout the 1453
school year unless excused by the school for illness or other 1454
good cause and. 1455
(d) Each parent and each student has an obligation to the 1456
private school to comply with the private school's published 1457
policies. 1458
4. Meet with the private school's principal or the 1459
principal's designee to review the school's academic programs 1460
and policies, specialized services, code of stud ent conduct, and 1461
attendance policies before enrollment in the private school. 1462
5.(e) Require his or her The parent shall ensure that the 1463
student participating in the scholarship program to take takes 1464
the norm-referenced assessment offered by the private s chool. 1465
The parent may also choose to have the student participate in 1466
the statewide assessments pursuant to s. 1008.22. If the parent 1467
requests that the student participating in the scholarship 1468
program take statewide assessments pursuant to s. 1008.22 and 1469
the private school has not chosen to offer and administer the 1470
statewide assessments, the parent is responsible for 1471
transporting the student to the assessment site designated by 1472
the school district. 1473
6.(f) Upon receipt of a scholarship warrant from the 1474
eligible nonprofit scholarship -funding organization, the parent 1475
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to whom the warrant is made must restrictively endorse the 1476
warrant to the private school for deposit into the account of 1477
the private school. If payments are made by funds transfer, the 1478
parent must Approve each payment before the scholarship funds 1479
may be deposited by funds transfer. The parent may not designate 1480
any entity or individual associated with the participating 1481
private school as the parent's attorney in fact to endorse a 1482
scholarship warrant o r approve a funds transfer. A participant 1483
who fails to comply with this paragraph forfeits the 1484
scholarship. 1485
7.(g) The parent shall Authorize the nonprofit 1486
scholarship-funding organization to access information needed 1487
for income eligibility determination and verification held by 1488
other state or federal agencies, including the Department of 1489
Revenue, the Department of Children and Families, the Department 1490
of Education, the Department of Economic Opportunity, and the 1491
Agency for Health Care Administration. 1492
8. Agree to have the organization commit scholarship funds 1493
on behalf of his or her student for tuition and fees for which 1494
the parent is responsible for payment at the private school 1495
before using empowerment account funds for additional authorized 1496
uses under paragraph (6)(d). A parent is responsible for all 1497
eligible expenses in excess of the amount of the scholarship. 1498
(b) A parent whose student will not be enrolled full time 1499
in a public or private school must: 1500
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1. Apply to an eligible nonprofit scholarship -funding 1501
organization to participate in the program as a personalized 1502
education student by a date set by the organization. The request 1503
must be communicated directly to the organization in a manner 1504
that creates a written or electronic record of the request a nd 1505
the date of receipt of the request. 1506
2. Sign an agreement with the organization and annually 1507
submit a sworn compliance statement to the organization to 1508
satisfy or maintain program eligibility, including eligibility 1509
to receive and spend program payments , by: 1510
a. Affirming that the program funds are used only for 1511
authorized purposes serving the student's educational needs, as 1512
described in paragraph (6)(d), and that they will not receive a 1513
payment, refund, or rebate of any funds provided under this 1514
section. 1515
b. Affirming that the parent is responsible for all 1516
eligible expenses in excess of the amount of the scholarship and 1517
for the education of his or her student. 1518
c. Submitting a student learning plan to the organization 1519
and revising the plan at least an nually before program renewal. 1520
d. Requiring his or her student to take a nationally norm -1521
referenced test identified by the Department of Education, or a 1522
statewide assessment under s. 1008.22, and provide assessment 1523
results to the organization before the student's program 1524
renewal. 1525
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e. Renewing participation in the program each year. A 1526
student whose participation in the program is not renewed may 1527
continue to spend scholarship funds that are in his or her 1528
account from prior years unless the account must be closed 1529
pursuant to s. 1002.394(5)(a)2. 1530
f. Procuring the services necessary to educate the 1531
student. When the student receives a scholarship, the district 1532
school board is not obligated to provide the student with a free 1533
appropriate public education. 1534
1535
An eligible nonprofit scholarship -funding organization may not 1536
further regulate, exercise control over, or require 1537
documentation beyond the requirements of this subsection unless 1538
the regulation, control, or documentation is necessary for 1539
participation in the pr ogram. 1540
(9) DEPARTMENT OF EDUCATION OBLIGATIONS. —The Department of 1541
Education shall: 1542
(a) Annually submit to the department and division, by 1543
March 15, a list of eligible nonprofit scholarship -funding 1544
organizations that meet the requirements of paragraph (2)(g) 1545
(2)(f). 1546
(b) Annually verify the eligibility of nonprofit 1547
scholarship-funding organizations that meet the requirements of 1548
paragraph (2)(g) (2)(f). 1549
(c) Annually verify the eligibility of expenditures as 1550
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provided in paragraph (6)(d) using the audit required by 1551
paragraph (6)(o) (6)(m). 1552
(e) Maintain and annually publish a list of nationally 1553
norm-referenced tests identified for purposes of satisfying the 1554
testing requirement in subparagraph (8)(b)1. The tests must meet 1555
industry standards of quality in accordance with State Board of 1556
Education rule. 1557
(f) Issue a project gra nt award to a state university, to 1558
which participating private schools and eligible nonprofit 1559
scholarship-funding organizations must report the scores of 1560
participating students on the nationally norm -referenced tests 1561
or the statewide assessments administer ed by the private school 1562
in grades 3 through 10. The project term is 2 years, and the 1563
amount of the project is up to $250,000 per year. The project 1564
grant award must be reissued in 2 -year intervals in accordance 1565
with this paragraph. 1566
1. The state universit y must annually report to the 1567
Department of Education on the student performance of 1568
participating students and, beginning with the 2027 -2028 school 1569
year, on the performance of personalized education students : 1570
a. On a statewide basis. The report shall als o include, to 1571
the extent possible, a comparison of scholarship students' 1572
performance to the statewide student performance of public 1573
school students with socioeconomic backgrounds similar to those 1574
of students participating in the scholarship program. To 1575
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minimize costs and reduce time required for the state 1576
university's analysis and evaluation, the Department of 1577
Education shall coordinate with the state university to provide 1578
data to the state university in order to conduct analyses of 1579
matched students from pu blic school assessment data and 1580
calculate control group student performance using an agreed -upon 1581
methodology with the state university; and 1582
b. On an individual school basis for students enrolled 1583
full time in a private school . The annual report must inclu de 1584
student performance for each participating private school in 1585
which at least 51 percent of the total enrolled students in the 1586
private school participated in a scholarship program under this 1587
section, s. 1002.394(12)(a), or s. 1002.40 the Florida Tax 1588
Credit Scholarship Program in the prior school year. The report 1589
shall be according to each participating private school, and for 1590
participating students, in which there are at least 30 1591
participating students who have scores for tests administered. 1592
If the state university determines that the 30 -participating-1593
student cell size may be reduced without disclosing personally 1594
identifiable information, as described in 34 C.F.R. s. 99.12, of 1595
a participating student, the state university may reduce the 1596
participating-student cell size, but the cell size must not be 1597
reduced to less than 10 participating students. The department 1598
shall provide each private school's prior school year's student 1599
enrollment information to the state university no later than 1600
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June 15 of each year, or as requested by the state university. 1601
2. The sharing and reporting of student performance data 1602
under this paragraph must be in accordance with requirements of 1603
ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, the Family 1604
Educational Rights and Privacy Act, and the applicable rules and 1605
regulations issued pursuant thereto, and shall be for the sole 1606
purpose of creating the annual report required by subparagraph 1607
1. All parties must preserve the confidentiality of such 1608
information as required by law. The annual report must not 1609
disaggregate data to a level that will identify individual 1610
participating schools, except as required under sub -subparagraph 1611
1.b., or disclose the academic level of individual students. 1612
3. The annual report required by subparagraph 1. shal l be 1613
published by the Department of Education on its website. 1614
(j) Provide a process to match the direct certification 1615
list with the scholarship application data submitted by any 1616
nonprofit scholarship -funding organization eligible to receive 1617
the 3-percent administrative allowance under paragraph (6)(l) 1618
(6)(j). 1619
(k) Notify each school district of the full -time 1620
equivalent student consensus estimate of scholarship students 1621
developed pursuant to s. 216.136(4)(a). 1622
(11) SCHOLARSHIP AMOUNT AND PAYMENT. — 1623
(b) Payment of the scholarship by the eligible nonprofit 1624
scholarship-funding organization shall be by individual warrant 1625
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made payable to the student's parent or by funds transfer, 1626
including, but not limited to, debit cards, electronic payment 1627
cards, or any other means of payment that the department deems 1628
to be commercially viable or cost-effective. If the payment is 1629
made by warrant, the warrant must be delivered by the eligible 1630
nonprofit scholarship -funding organization to the private school 1631
of the parent's choice, and the parent shall restrictively 1632
endorse the warrant to the private school. An eligible nonprofit 1633
scholarship-funding organization shall ensure that the parent to 1634
whom the warrant is made restrictively endorsed the warrant to 1635
the private school for deposit into the account of the private 1636
school or that the parent has approved a funds transfer before 1637
any scholarship funds are deposited. 1638
(e) An eligible nonprofit scholarship -funding organization 1639
may not transfer any funds to an account of a student determined 1640
eligible under this section which has a balance in ex cess of 1641
$24,000. 1642
(f) A scholarship awarded to an eligible student shall 1643
remain in force until: 1644
1. The organization determines that the student is not 1645
eligible for program renewal; 1646
2. The Commissioner of Education suspends or revokes 1647
program participation or use of funds; 1648
3. The student's parent has forfeited participation in the 1649
program for failure to comply with subsection (7); 1650
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4. The student enrolls in a public school. However, if a 1651
student enters a Department of Juvenile Justice detention cente r 1652
for a period of no more than 21 days, the student is not 1653
considered to have returned to a public school on a full -time 1654
basis for that purpose; or 1655
5. The student graduates from high school or attains 21 1656
years of age, whichever occurs first. 1657
(g) Reimbursements for program expenditures may continue 1658
until the account balance is expended or remaining funds have 1659
reverted to the state. 1660
(h) A student's scholarship account must be closed and any 1661
remaining funds shall revert to the state after: 1662
1. Denial or revocation of program eligibility by the 1663
commissioner for fraud or abuse, including, but not limited to, 1664
the student or student's parent accepting any payment, refund, 1665
or rebate, in any manner, from a provider of any services 1666
received pursuant to paragrap h (6)(d); or 1667
2. Two consecutive fiscal years in which an account has 1668
been inactive. 1669
(15) NONPROFIT SCHOLARSHIP -FUNDING ORGANIZATIONS; 1670
APPLICATION.—In order to participate in the scholarship program 1671
created under this section, a charitable organization that seeks 1672
to be a nonprofit scholarship -funding organization must submit 1673
an application for initial approval or renewal to the Office of 1674
Independent Education and Parental Choice . The office shall 1675
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provide at least two application periods in which charitab le 1676
organizations may apply to participate in the program no later 1677
than September 1 of each year before the school year for which 1678
the organization intends to offer scholarships . 1679
(a) An application for initial approval must include: 1680
1. A copy of the orga nization's incorporation documents 1681
and registration with the Division of Corporations of the 1682
Department of State. 1683
2. A copy of the organization's Internal Revenue Service 1684
determination letter as a s. 501(c)(3) not -for-profit 1685
organization. 1686
3. A description of the organization's financial plan that 1687
demonstrates sufficient funds to operate throughout the school 1688
year. 1689
4. A description of the geographic region that the 1690
organization intends to serve and an analysis of the demand and 1691
unmet need for eligible students in that area. 1692
5. The organization's organizational chart. 1693
6. A description of the criteria and methodology that the 1694
organization will use to evaluate scholarship eligibility. 1695
7. A description of the application process, including 1696
deadlines and any associated fees. 1697
8. A description of the deadlines for attendance 1698
verification and scholarship payments. 1699
9. A copy of the organization's policies on conflict of 1700
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interest and whistleblowers. 1701
10. A copy of a surety bond or letter of credit to se cure 1702
the faithful performance of the obligations of the eligible 1703
nonprofit scholarship -funding organization in accordance with 1704
this section in an amount equal to 25 percent of the scholarship 1705
funds anticipated for each school year or $100,000, whichever is 1706
greater. The surety bond or letter of credit must specify that 1707
any claim against the bond or letter of credit may be made only 1708
by an eligible nonprofit scholarship -funding organization to 1709
provide scholarships to and on behalf of students who would have 1710
had scholarships funded if it were not for the diversion of 1711
funds giving rise to the claim against the bond or letter of 1712
credit. 1713
(b) In addition to the information required by 1714
subparagraphs (a)1.-9., an application for renewal must include: 1715
1. A surety bond or letter of credit to secure the 1716
faithful performance of the obligations of the eligible 1717
nonprofit scholarship -funding organization in accordance with 1718
this section equal to the amount of undisbursed donations held 1719
by the organization based on the annu al report submitted 1720
pursuant to paragraph (6)(o) (6)(m). The amount of the surety 1721
bond or letter of credit must be at least $100,000, but not more 1722
than $25 million. The surety bond or letter of credit must 1723
specify that any claim against the bond or letter of credit may 1724
be made only by an eligible nonprofit scholarship -funding 1725
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organization to provide scholarships to and on behalf of 1726
students who would have had scholarships funded if it were not 1727
for the diversion of funds giving rise to the claim against the 1728
bond or letter of credit. 1729
2. The organization's completed Internal Revenue Service 1730
Form 990 submitted no later than November 30 of the year before 1731
the school year that the organization intends to offer the 1732
scholarships, notwithstanding the department's September 1 1733
application deadline. 1734
3. A copy of the statutorily required audit to the 1735
Department of Education and Auditor General. 1736
4. An annual report that includes: 1737
a. The number of students who completed applications, by 1738
county and by grade. 1739
b. The number of students who were approved for 1740
scholarships, by county and by grade. 1741
c. The number of students who received funding for 1742
scholarships within each funding category, by county and by 1743
grade. 1744
d. The amount of funds received, the amount of funds 1745
distributed in scholarships, and an accounting of remaining 1746
funds and the obligation of those funds. 1747
e. A detailed accounting of how the organization spent the 1748
administrative funds allowable under paragraph (6)(l) (6)(j). 1749
(c) In consultation with the D epartment of Revenue and the 1750
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Chief Financial Officer, the Office of Independent Education and 1751
Parental Choice shall review the application. The Department of 1752
Education shall notify the organization in writing of any 1753
deficiencies within 30 days after receip t of the application and 1754
allow the organization 30 days to correct any deficiencies. 1755
(d) Within 30 days after receipt of the finalized 1756
application by the Office of Independent Education and Parental 1757
Choice, the Commissioner of Education shall recommend a pproval 1758
or disapproval of the application to the State Board of 1759
Education. The State Board of Education shall consider the 1760
application and recommendation at the next scheduled meeting, 1761
adhering to appropriate meeting notice requirements. If the 1762
State Board of Education disapproves the organization's 1763
application, it shall provide the organization with a written 1764
explanation of that determination. The State Board of 1765
Education's action is not subject to chapter 120. 1766
(e) If the State Board of Education disappr oves the 1767
renewal of a nonprofit scholarship -funding organization, the 1768
organization must notify the affected eligible students and 1769
parents of the decision within 15 days after disapproval. An 1770
eligible student affected by the disapproval of an 1771
organization's participation remains eligible under this section 1772
until the end of the school year in which the organization was 1773
disapproved. The student must apply and be accepted by another 1774
eligible nonprofit scholarship -funding organization for the 1775
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upcoming school year. The student shall be given priority in 1776
accordance with paragraph (6)(g) (6)(f). 1777
(f) All remaining funds held by a nonprofit scholarship -1778
funding organization that is disapproved for participation must 1779
be transferred to other eligible nonprofit scholars hip-funding 1780
organizations to provide scholarships for eligible students. All 1781
transferred funds must be deposited by each eligible nonprofit 1782
scholarship-funding organization receiving such funds into its 1783
scholarship account. All transferred amounts received by any 1784
eligible nonprofit scholarship -funding organization must be 1785
separately disclosed in the annual financial audit required 1786
under subsection (6). 1787
(g) A nonprofit scholarship -funding organization is a 1788
renewing organization if it maintains continuous a pproval and 1789
participation in the program. An organization that chooses not 1790
to participate for 1 year or more or is disapproved to 1791
participate for 1 year or more must submit an application for 1792
initial approval in order to participate in the program again. 1793
(h) The State Board of Education shall adopt rules 1794
providing guidelines for receiving, reviewing, and approving 1795
applications for new and renewing nonprofit scholarship -funding 1796
organizations. The rules must include a process for compiling 1797
input and recommendations from the Chief Financial Officer, the 1798
Department of Revenue, and the Department of Education. The 1799
rules must also require that the nonprofit scholarship -funding 1800
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organization make a brief presentation to assist the State Board 1801
of Education in its d ecision. 1802
(i) A state university; or an independent college or 1803
university which is eligible to participate in the William L. 1804
Boyd, IV, Effective Access to Student Education Grant Program, 1805
located and chartered in this state, is not for profit, and is 1806
accredited by the Commission on Colleges of the Southern 1807
Association of Colleges and Schools, is exempt from the initial 1808
or renewal application process, but must file a registration 1809
notice with the Department of Education to be an eligible 1810
nonprofit scholarshi p-funding organization. The State Board of 1811
Education shall adopt rules that identify the procedure for 1812
filing the registration notice with the department. The rules 1813
must identify appropriate reporting requirements for fiscal, 1814
programmatic, and performance accountability purposes consistent 1815
with this section, but shall not exceed the requirements for 1816
eligible nonprofit scholarship -funding organizations for 1817
charitable organizations. 1818
Section 7. Paragraphs (e) and (f) of subsection (2) and 1819
paragraphs (g) and (i) of subsection (11) of section 1002.40, 1820
Florida Statutes, are amended to read: 1821
1002.40 The Hope Scholarship Program. — 1822
(2) DEFINITIONS.—As used in this section, the term: 1823
(e) "Eligible nonprofit scholarship -funding organization" 1824
or "organization" has the same meaning as provided in s. 1825
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1002.395(2) s. 1002.395(2)(f). 1826
(f) "Eligible private school" has the same meaning as 1827
provided in s. 1002.395(2) s. 1002.395(2)(g). 1828
(11) FUNDING AND PAYMENT. — 1829
(g) An eligible nonprofit scholarship -funding 1830
organization, subject to the limitations of s. 1002.395(6)(l)1. 1831
s. 1002.395(6)(j)1., may use eligible contributions received 1832
during the state fiscal year in which such contributions are 1833
collected for administrative expenses. 1834
(i) Notwithstanding s. 1002.395(6)(l)2. s. 1002.395(6) 1835
(j)2., no more than 5 percent of net eligible contributions may 1836
be carried forward to the following state fiscal year by an 1837
eligible scholarship -funding organization. For audit purposes, 1838
all amounts carried forward must be specifically identified for 1839
individual students by student name and by the name of the 1840
school to which the student is admitted, subject to the 1841
requirements of ss. 1002.21 and 1002.22 and 20 U.S.C. s. 1232g, 1842
and the applicable rules and regulations issued pursuant to su ch 1843
requirements. Any amounts carried forward shall be expended for 1844
annual scholarships or partial -year scholarships in the 1845
following state fiscal year. Net eligible contributions 1846
remaining on June 30 of each year which are in excess of the 5 1847
percent that may be carried forward shall be transferred to 1848
other eligible nonprofit scholarship -funding organizations 1849
participating in the Hope Scholarship Program to provide 1850
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scholarships for eligible students. All transferred funds must 1851
be deposited by each eligible n onprofit scholarship -funding 1852
organization receiving such funds into the scholarship account 1853
of eligible students. All transferred amounts received by an 1854
eligible nonprofit scholarship -funding organization must be 1855
separately disclosed in the annual financia l audit requirement 1856
under s. 1002.395(6)(o) s. 1002.395(6)(m). If no other eligible 1857
nonprofit scholarship -funding organization participates in the 1858
Hope Scholarship Program, net eligible contributions in excess 1859
of the 5 percent may be used to fund scholarships for students 1860
eligible under s. 1002.395 only after fully exhausting all 1861
contributions made in support of scholarships under that section 1862
in accordance with the priority established in s. 1002.395(6)(f) 1863
before s. 1002.395(6)(e) prior to awarding any initial 1864
scholarships. 1865
Section 8. Subsection (1) and paragrap h (c) of subsection 1866
(3) of section 1002.421, Florida Statutes, are amended to read: 1867
1002.421 State school choice scholarship program 1868
accountability and oversight. — 1869
(1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS. —A private 1870
school participating in an edu cational scholarship program 1871
established pursuant to this chapter must be a private school as 1872
defined in s. 1002.01 s. 1002.01(2) in this state, be 1873
registered, and be in compliance with all requirements of this 1874
section in addition to private school require ments outlined in 1875
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s. 1002.42, specific requirements identified within respective 1876
scholarship program laws, and other provisions of Florida law 1877
that apply to private schools, and must: 1878
(a) Comply with the antidiscrimination provisions of 42 1879
U.S.C. s. 2000d. 1880
(b) Notify the department of its intent to participate in 1881
a scholarship program. 1882
(c) Notify the department of any change in the school's 1883
name, school director, mailing address, or physical location 1884
within 15 days after the change. 1885
(d) Provide to the department or scholarship -funding 1886
organization all documentation required for a student's 1887
participation, including the private school's and student's 1888
individual fee schedule, and attendance verification as required 1889
by the department or scholarship -funding organization, prior to 1890
scholarship payment. 1891
(e) Annually complete and submit to the department a 1892
notarized scholarship compliance statement certifying that all 1893
school employees and contracted personnel with direct student 1894
contact have undergone backg round screening pursuant to s. 1895
435.12 and have met the screening standards as provided in s. 1896
435.04. 1897
(f) Demonstrate fiscal soundness and accountability by: 1898
1. Being in operation for at least 3 school years or 1899
obtaining a surety bond or letter of credi t for the amount equal 1900
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to the scholarship funds for any quarter and filing the surety 1901
bond or letter of credit with the department. 1902
2. Requiring the parent of each scholarship student to 1903
personally restrictively endorse the scholarship warrant to the 1904
school or to approve a funds transfer before any funds are 1905
deposited for a student. The school may not act as attorney in 1906
fact for the parent of a scholarship student under the authority 1907
of a power of attorney executed by such parent, or under any 1908
other authority, to endorse a scholarship warrant or approve a 1909
funds transfer on behalf of such parent. 1910
(g) Meet applicable state and local health, safety, and 1911
welfare laws, codes, and rules, including: 1912
1. Firesafety. 1913
2. Building safety. 1914
(h) Employ or contrac t with teachers who hold 1915
baccalaureate or higher degrees, have at least 3 years of 1916
teaching experience in public or private schools, or have 1917
special skills, knowledge, or expertise that qualifies them to 1918
provide instruction in subjects taught. 1919
(i) Maintain a physical location in the state at which 1920
each student has regular and direct contact with teachers. 1921
(j) Publish on the school's website, or provide in a 1922
written format, information for parents regarding the school, 1923
including, but not limited to, pro grams, services, and the 1924
qualifications of classroom teachers , and a statement that a 1925
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parentally placed private school student with a disability does 1926
not have an individual right to receive some or all of the 1927
special education and related services that the student would 1928
receive if enrolled in a public school under the Individuals 1929
with Disabilities Education Act (IDEA), as amended . 1930
(k) At a minimum, provide the parent of each scholarship 1931
student with a written explanation of the student's progress on 1932
a quarterly basis. 1933
(l) Cooperate with a student whose parent chooses to 1934
participate in the statewide assessments pursuant to s. 1008.22. 1935
(m) Require each employee and contracted personnel with 1936
direct student contact, upon employment or engagement to provid e 1937
services, to undergo a state and national background screening, 1938
pursuant to s. 943.0542, by electronically filing with the 1939
Department of Law Enforcement a complete set of fingerprints 1940
taken by an authorized law enforcement agency or an employee of 1941
the private school, a school district, or a private company who 1942
is trained to take fingerprints and deny employment to or 1943
terminate an employee if he or she fails to meet the screening 1944
standards under s. 435.04. Results of the screening shall be 1945
provided to the participating private school. For purposes of 1946
this paragraph: 1947
1. An "employee or contracted personnel with direct 1948
student contact" means any employee or contracted personnel who 1949
has unsupervised access to a scholarship student for whom the 1950
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private school is responsible. 1951
2. The costs of fingerprinting and the background check 1952
shall not be borne by the state. 1953
3. Continued employment of an employee or contracted 1954
personnel after notification that he or she has failed the 1955
background screening under this pa ragraph shall cause a private 1956
school to be ineligible for participation in a scholarship 1957
program. 1958
4. An employee or contracted personnel holding a valid 1959
Florida teaching certificate who has been fingerprinted pursuant 1960
to s. 1012.32 is not required to com ply with the provisions of 1961
this paragraph. 1962
5. All fingerprints submitted to the Department of Law 1963
Enforcement as required by this section shall be retained by the 1964
Department of Law Enforcement in a manner provided by rule and 1965
entered in the statewide aut omated biometric identification 1966
system authorized by s. 943.05(2)(b). Such fingerprints shall 1967
thereafter be available for all purposes and uses authorized for 1968
arrest fingerprints entered in the statewide automated biometric 1969
identification system pursuant t o s. 943.051. 1970
6. The Department of Law Enforcement shall search all 1971
arrest fingerprints received under s. 943.051 against the 1972
fingerprints retained in the statewide automated biometric 1973
identification system under subparagraph 5. Any arrest record 1974
that is identified with the retained fingerprints of a person 1975
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subject to the background screening under this section shall be 1976
reported to the employing school with which the person is 1977
affiliated. Each private school participating in a scholarship 1978
program is required to participate in this search process by 1979
informing the Department of Law Enforcement of any change in the 1980
employment or contractual status of its personnel whose 1981
fingerprints are retained under subparagraph 5. The Department 1982
of Law Enforcement shall ad opt a rule setting the amount of the 1983
annual fee to be imposed upon each private school for performing 1984
these searches and establishing the procedures for the retention 1985
of private school employee and contracted personnel fingerprints 1986
and the dissemination of search results. The fee may be borne by 1987
the private school or the person fingerprinted. 1988
7. Employees and contracted personnel whose fingerprints 1989
are not retained by the Department of Law Enforcement under 1990
subparagraphs 5. and 6. are required to be refin gerprinted and 1991
must meet state and national background screening requirements 1992
upon reemployment or reengagement to provide services in order 1993
to comply with the requirements of this section. 1994
8. Every 5 years following employment or engagement to 1995
provide services with a private school, employees or contracted 1996
personnel required to be screened under this section must meet 1997
screening standards under s. 435.04, at which time the private 1998
school shall request the Department of Law Enforcement to 1999
forward the fingerprints to the Federal Bureau of Investigation 2000
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for national processing. If the fingerprints of employees or 2001
contracted personnel are not retained by the Department of Law 2002
Enforcement under subparagraph 5., employees and contracted 2003
personnel must electronic ally file a complete set of 2004
fingerprints with the Department of Law Enforcement. Upon 2005
submission of fingerprints for this purpose, the private school 2006
shall request that the Department of Law Enforcement forward the 2007
fingerprints to the Federal Bureau of Inv estigation for national 2008
processing, and the fingerprints shall be retained by the 2009
Department of Law Enforcement under subparagraph 5. 2010
(n) Adopt policies establishing standards of ethical 2011
conduct for educational support employees, instructional 2012
personnel, and school administrators. The policies must require 2013
all educational support employees, instructional personnel, and 2014
school administrators, as defined in s. 1012.01, to complete 2015
training on the standards; establish the duty of educational 2016
support employees, instructional personnel, and school 2017
administrators to report, and procedures for reporting, alleged 2018
misconduct by other educational support employees, instructional 2019
personnel, and school administrators which affects the health, 2020
safety, or welfare of a s tudent; and include an explanation of 2021
the liability protections provided under ss. 39.203 and 768.095. 2022
A private school, or any of its employees, may not enter into a 2023
confidentiality agreement regarding terminated or dismissed 2024
educational support employees , instructional personnel, or 2025
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school administrators, or employees, personnel, or 2026
administrators who resign in lieu of termination, based in whole 2027
or in part on misconduct that affects the health, safety, or 2028
welfare of a student, and may not provide the emp loyees, 2029
personnel, or administrators with employment references or 2030
discuss the employees', personnel's, or administrators' 2031
performance with prospective employers in another educational 2032
setting, without disclosing the employees', personnel's, or 2033
administrators' misconduct. Any part of an agreement or contract 2034
that has the purpose or effect of concealing misconduct by 2035
educational support employees, instructional personnel, or 2036
school administrators which affects the health, safety, or 2037
welfare of a student is v oid, is contrary to public policy, and 2038
may not be enforced. 2039
(o) Before employing a person in any position that 2040
requires direct contact with students, conduct employment 2041
history checks of previous employers, screen the person through 2042
use of the screening tools described in s. 1001.10(5), and 2043
document the findings. If unable to contact a previous employer, 2044
the private school must document efforts to contact the 2045
employer. The private school may not employ a person whose 2046
educator certificate is revoked, who i s barred from reapplying 2047
for an educator certificate, or who is on the disqualification 2048
list maintained by the department pursuant to s. 1001.10(4)(b). 2049
(p) Require each owner or operator of the private school, 2050
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prior to employment or engagement to provide services, to 2051
undergo level 2 background screening as provided under chapter 2052
435. For purposes of this paragraph, the term "owner or 2053
operator" means an owner, operator, superintendent, or principal 2054
of, or a person with equivalent decisionmaking authority o ver, a 2055
private school participating in a scholarship program 2056
established pursuant to this chapter. The fingerprints for the 2057
background screening must be electronically submitted to the 2058
Department of Law Enforcement and may be taken by an authorized 2059
law enforcement agency or a private company who is trained to 2060
take fingerprints. However, the complete set of fingerprints of 2061
an owner or operator may not be taken by the owner or operator. 2062
The owner or operator shall provide a copy of the results of the 2063
state and national criminal history check to the Department of 2064
Education. The cost of the background screening may be borne by 2065
the owner or operator. 2066
1. Every 5 years following employment or engagement to 2067
provide services, each owner or operator must meet level 2 2068
screening standards as described in s. 435.04, at which time the 2069
owner or operator shall request the Department of Law 2070
Enforcement to forward the fingerprints to the Federal Bureau of 2071
Investigation for level 2 screening. If the fingerprints of an 2072
owner or operator are not retained by the Department of Law 2073
Enforcement under subparagraph 2., the owner or operator must 2074
electronically file a complete set of fingerprints with the 2075
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Department of Law Enforcement. Upon submission of fingerprints 2076
for this purpose, the owner or operator shall request that the 2077
Department of Law Enforcement forward the fingerprints to the 2078
Federal Bureau of Investigation for level 2 screening, and the 2079
fingerprints shall be retained by the Department of Law 2080
Enforcement under subparagraph 2. 2081
2. Fingerprints submitted to the Department of Law 2082
Enforcement as required by this paragraph must be retained by 2083
the Department of Law Enforcement in a manner approved by rule 2084
and entered in the statewide automated biometric identification 2085
system authorized by s. 943.05(2)(b). The fingerprints must 2086
thereafter be available for all purposes and uses authorized for 2087
arrest fingerprints entered in the statewide automated biometric 2088
identification system pursuant to s. 943.051. 2089
3. The Department of Law Enf orcement shall search all 2090
arrest fingerprints received under s. 943.051 against the 2091
fingerprints retained in the statewide automated biometric 2092
identification system under subparagraph 2. Any arrest record 2093
that is identified with an owner's or operator's fi ngerprints 2094
must be reported to the owner or operator, who must report to 2095
the Department of Education. Any costs associated with the 2096
search shall be borne by the owner or operator. 2097
4. An owner or operator who fails the level 2 background 2098
screening is not eligible to participate in a scholarship 2099
program under this chapter. 2100
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5. In addition to the offenses listed in s. 435.04, a 2101
person required to undergo background screening pursuant to this 2102
part or authorizing statutes may not have an arrest awaiting 2103
final disposition for, must not have been found guilty of, or 2104
entered a plea of nolo contendere to, regardless of 2105
adjudication, and must not have been adjudicated delinquent for, 2106
and the record must not have been sealed or expunged for, any of 2107
the following offenses or any similar offense of another 2108
jurisdiction: 2109
a. Any authorizing statutes, if the offense was a felony. 2110
b. This chapter, if the offense was a felony. 2111
c. Section 409.920, relating to Medicaid provider fraud. 2112
d. Section 409.9201, relating to Medicaid fraud. 2113
e. Section 741.28, relating to domestic violence. 2114
f. Section 817.034, relating to fraudulent acts through 2115
mail, wire, radio, electromagnetic, photoelectronic, or 2116
photooptical systems. 2117
g. Section 817.234, relating to false and fraudule nt 2118
insurance claims. 2119
h. Section 817.505, relating to patient brokering. 2120
i. Section 817.568, relating to criminal use of personal 2121
identification information. 2122
j. Section 817.60, relating to obtaining a credit card 2123
through fraudulent means. 2124
k. Section 817.61, relating to fraudulent use of credit 2125
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cards, if the offense was a felony. 2126
l. Section 831.01, relating to forgery. 2127
m. Section 831.02, relating to uttering forged 2128
instruments. 2129
n. Section 831.07, relating to forging bank bills, checks, 2130
drafts, or promissory notes. 2131
o. Section 831.09, relating to uttering forged bank bills, 2132
checks, drafts, or promissory notes. 2133
p. Section 831.30, relating to fraud in obtaining 2134
medicinal drugs. 2135
q. Section 831.31, relating to the sale, manufacture, 2136
delivery, or possession with the intent to sell, manufacture, or 2137
deliver any counterfeit controlled substance, if the offense was 2138
a felony. 2139
6. At least 30 calendar days before a transfer of 2140
ownership of a private school, the owner or operator shall 2141
notify the parent of each scholarship student. 2142
7. The owner or operator of a private school that has been 2143
deemed ineligible to participate in a scholarship program 2144
pursuant to this chapter may not transfer ownership or 2145
management authority of the school to a relative in o rder to 2146
participate in a scholarship program as the same school or a new 2147
school. For purposes of this subparagraph, the term "relative" 2148
means father, mother, son, daughter, grandfather, grandmother, 2149
brother, sister, uncle, aunt, cousin, nephew, niece, husb and, 2150
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wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, 2151
brother-in-law, sister-in-law, stepfather, stepmother, stepson, 2152
stepdaughter, stepbrother, stepsister, half -brother, or half-2153
sister. 2154
(q) Provide a report from an independent certified public 2155
accountant who performs the agreed -upon procedures developed 2156
pursuant to s. 1002.395(6)(q) s. 1002.395(6)(o) if the private 2157
school receives more than $250,000 in funds from scholarships 2158
awarded under this chapter in a state fiscal year. A private 2159
school subject to this subsection must annually submit the 2160
report by September 15 to the scholarship -funding organization 2161
that awarded the majority of the school's scholarship funds. 2162
However, a school that receives more than $250,000 in 2163
scholarship funds onl y through the John M. McKay Scholarship for 2164
Students with Disabilities Program pursuant to s. 1002.39 must 2165
submit the annual report by September 15 to the department. The 2166
agreed-upon procedures must be conducted in accordance with 2167
attestation standards est ablished by the American Institute of 2168
Certified Public Accountants. 2169
(r) Prohibit education support employees, instructional 2170
personnel, and school administrators from employment in any 2171
position that requires direct contact with students if the 2172
personnel or administrators are ineligible for such employment 2173
pursuant to this section or s. 1012.315, or have been terminated 2174
or have resigned in lieu of termination for sexual misconduct 2175
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with a student. If the prohibited conduct occurs subsequent to 2176
employment, the private school must report the person and the 2177
disqualifying circumstances to the department for inclusion on 2178
the disqualification list maintained pursuant to s. 2179
1001.10(4)(b). 2180
2181
The department shall suspend the payment of funds to a private 2182
school that knowingly fails to comply with this subsection, and 2183
shall prohibit the school from enrolling new scholarship 2184
students, for 1 fiscal year and until the school complies. If a 2185
private school fails to meet the requirements of this subsection 2186
or has consecutive y ears of material exceptions listed in the 2187
report required under paragraph (q), the commissioner may 2188
determine that the private school is ineligible to participate 2189
in a scholarship program. 2190
(3) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS. —2191
The Commissioner of Education: 2192
(c) May permanently deny or revoke the authority of an 2193
owner, officer, or director or operator to establish or operate 2194
a private school in the state and include such individual on the 2195
disqualification list maintained by the departm ent pursuant to 2196
s. 1001.10(4)(b) if the commissioner decides that the owner , 2197
officer, or director: or operator 2198
1. Is operating or has operated an educational institution 2199
in the state or another state or jurisdiction in a manner 2200
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contrary to the health, s afety, or welfare of the public ; or 2201
2. Has operated an educational institution that closed 2202
during the school year. An individual may be removed from the 2203
disqualification list if the individual reimburses the 2204
department or eligible nonprofit scholarship -funding 2205
organization the amount of scholarship funds received by the 2206
educational institution during the school year in which it 2207
closed, and shall include such individuals on the 2208
disqualification list maintained by the department pursuant to 2209
s. 1001.10(4)(b). 2210
Section 9. Section 1002.44, Florida Statutes, is created 2211
to read: 2212
1002.44 Part-time public school enrollment. — 2213
(1) Any public school in this state, including a charter 2214
school, may enroll a student who meets the regular school 2215
attendance criteria in s. 1003.01(13)(b) -(f) on a part-time 2216
basis, subject to space and availability according to the 2217
school's capacity determined pursuant to s. 1002.31(2)(b). 2218
(2) A student attending a public school on a part -time 2219
basis pursuant to this section shall gener ate full-time 2220
equivalent student membership as described in s. 1011.61(1)(b). 2221
A student receiving a scholarship under this chapter who attends 2222
a public school on a part -time basis through contracted services 2223
provided by the public school or school district may not be 2224
reported for funding. 2225
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(3) A student attending a public school on a part -time 2226
basis pursuant to this section is not considered to be in 2227
regular attendance at a public school as defined in s. 2228
1003.01(13)(a). 2229
Section 10. Paragraphs (d) and ( e) of subsection (13) and 2230
subsection (14) of section 1003.01, Florida Statutes, are 2231
amended, and paragraph (f) is added to subsection (13) of that 2232
section, to read: 2233
1003.01 Definitions. —As used in this chapter, the term: 2234
(13) "Regular school attendance " means the actual 2235
attendance of a student during the school day as defined by law 2236
and rules of the State Board of Education. Regular attendance 2237
within the intent of s. 1003.21 may be achieved by attendance 2238
in: 2239
(d) A home education program that meets the requirements 2240
of chapter 1002; or 2241
(e) A private tutoring program that meets the requirements 2242
of chapter 1002; or. 2243
(f) A personalized education program that meets the 2244
requirements of s. 1002.395. 2245
(14) "Core-curricula courses" means: 2246
(a) Courses in language arts/reading, mathematics, social 2247
studies, and science in prekindergarten through grade 3, 2248
excluding extracurricular courses pursuant to subsection (15); 2249
(b) Courses in grades 4 through 8 in subjects that are 2250
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measured by state assessment at any g rade level and courses 2251
required for middle school promotion, excluding extracurricular 2252
courses pursuant to subsection (15); 2253
(c) Courses in grades 9 through 12 in subjects that are 2254
measured by state assessment at any grade level and courses that 2255
are specifically identified by name in statute as required for 2256
high school graduation and that are not measured by state 2257
assessment, excluding extracurricular courses pursuant to 2258
subsection (15); 2259
(d) Exceptional student education courses; and 2260
(e) English for Speakers of Other Languages courses. 2261
2262
The term is limited in meaning and used for the sole purpose of 2263
designating classes that are subject to the maximum class size 2264
requirements established in s. 1, Art. IX of the State 2265
Constitution. This term does not inclu de courses offered under 2266
ss. 1002.321(3)(e), 1002.33(7)(a)2.b., 1002.37, 1002.45, and 2267
1003.499 ss. 1002.321(4)(e), 1002.33(7)(a)2.b., 1002.37, 2268
1002.45, and 1003.499 . 2269
Section 11. No later than November 1, 2023, the State 2270
Board of Education shall develop and recommend to the Governor 2271
and Legislature for adoption during the 2024 legislative session 2272
repeals and revisions to the Florida Early Learning -20 Education 2273
Code, chapters 1000-1013, Florida Statutes, to reduce regulation 2274
of public schools. The state b oard shall review the entirety of 2275
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the Florida Early Learning -20 Education Code for potential 2276
repeals and revisions. The state board must make recommendations 2277
addressing repeals and revisions to the statutes governing the 2278
transportation of students. The sta te board shall consider input 2279
from teachers, superintendents, administrators, school boards, 2280
public and private postsecondary institutions, home educators, 2281
and other entities identified by the state board. 2282
Section 12. Subsection (10) is added to sectio n 1001.10, 2283
Florida Statutes, to read: 2284
1001.10 Commissioner of Education; general powers and 2285
duties.— 2286
(10) Due to the range of school choice options and the 2287
variety of ways students learn, the commissioner shall develop 2288
an online portal that enables parents to choose the best 2289
educational options for their student. The portal, at a minimum, 2290
must: 2291
(a) Recommend educational options based on questions about 2292
the student, including the needs and interests of the student. 2293
(b) Advise parents on the recom mended educational options 2294
for their student. 2295
(c) Enable schools to develop a school profile and connect 2296
directly with families who express interest in the school. 2297
(d) Allow parents to complete the school enrollment 2298
process. 2299
Section 13. Paragraph (c) of subsection (22) of section 2300
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1002.20, Florida Statutes, is amended to read: 2301
1002.20 K-12 student and parent rights. —Parents of public 2302
school students must receive accurate and timely information 2303
regarding their child's academic progress and must be informed 2304
of ways they can help their child to succeed in school. K -12 2305
students and their parents are afforded numerous statutory 2306
rights including, but not limited to, the following: 2307
(22) TRANSPORTATION. — 2308
(c) Parental consent. —Each parent of a public school 2309
student must be notified in writing and give written consent 2310
before the student may be transported in a privately owned motor 2311
vehicle to a school function , in accordance with the provisions 2312
of s. 1006.22(2)(b). 2313
Section 14. Subsection (2) of sect ion 1003.25, Florida 2314
Statutes, is amended to read: 2315
1003.25 Procedures for maintenance and transfer of student 2316
records.— 2317
(2) The procedure for transferring and maintaining records 2318
of students who transfer from school to school shall be 2319
prescribed by rules of the State Board of Education. The 2320
transfer of records shall occur within 5 3 school days. The 2321
records shall include: 2322
(a) Verified reports of serious or recurrent behavior 2323
patterns, including threat assessment evaluations and 2324
intervention services. 2325
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(b) Psychological evaluations, including therapeutic 2326
treatment plans and therapy or progress notes created or 2327
maintained by school district or charter school staff, as 2328
appropriate. 2329
Section 15. Subsection (4) of section 1003.4282, Florida 2330
Statutes, is amended to read: 2331
1003.4282 Requirements for a standard high school 2332
diploma.— 2333
(4) ONLINE COURSE REQUIREMENT. —At least one course within 2334
the 24 credits required under this section must be completed 2335
through online learning. 2336
(a) An online course taken i n grade 6, grade 7, or grade 8 2337
fulfills the requirements of this subsection. The requirement is 2338
met through an online course offered by the Florida Virtual 2339
School, a virtual education provider approved by the State Board 2340
of Education, a high school, or an online dual enrollment 2341
course. A student who is enrolled in a full -time or part-time 2342
virtual instruction program under s. 1002.45 meets the 2343
requirement. 2344
(b) A district school board or a charter school governing 2345
board, as applicable, may allow a student t o satisfy the online 2346
course requirements of this subsection by completing a blended 2347
learning course or a course in which the student earns a 2348
nationally recognized industry certification in information 2349
technology that is identified on the CAPE Industry Cert ification 2350
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Funding List pursuant to s. 1008.44 or passing the information 2351
technology certification examination without enrolling in or 2352
completing the corresponding course or courses, as applicable. 2353
2354
For purposes of this subsection, a school district may not 2355
require a student to take the online or blended learning course 2356
outside the school day or in addition to a student's courses for 2357
a given semester. This subsection does not apply to a student 2358
who has an individual education plan under s. 1003.57 which 2359
indicates that an online or blended learning course would be 2360
inappropriate or to an out -of-state transfer student who is 2361
enrolled in a Florida high school and has 1 academic year or 2362
less remaining in high school. 2363
Section 16. Subsection (2) of section 1006. 21, Florida 2364
Statutes, is amended to read: 2365
1006.21 Duties of district school superintendent and 2366
district school board regarding transportation. — 2367
(2) After considering recommendations of the district 2368
school superintendent, the district school board shall make 2369
provision for the transportation of students to the public 2370
schools or school activities they are required or expected to 2371
attend; authorize transportation routes arranged efficiently and 2372
economically; provide the necessary transportation facilities, 2373
and, when authorized under rules of the State Board of Education 2374
and if more economical to do so, provide limited subsistence in 2375
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lieu thereof; and adopt the necessary rules to ensure safety, 2376
economy, and efficiency in the operation of all buses and other 2377
vehicles used to transport students , as prescribed in this 2378
chapter. 2379
Section 17. Subsections (2) through (13) of section 2380
1006.22, Florida Statutes, are renumbered as subsections (1) 2381
through (12), respectively, and present subsections (1), (2), 2382
(11), and (13) of that section are amended to read: 2383
1006.22 Safety and health of students being transported. —2384
Maximum regard for safety and adequate protection of health are 2385
primary requirements that must be observed by district school 2386
boards in routing buses, appoi nting drivers, and providing and 2387
operating equipment, in accordance with all requirements of law 2388
and rules of the State Board of Education in providing 2389
transportation pursuant to s. 1006.21: 2390
(1)(a) District school boards shall use school buses, as 2391
defined in s. 1006.25, for all regular transportation. Regular 2392
transportation or regular use means transportation of students 2393
to and from school or school -related activities that are part of 2394
a scheduled series or sequence of events to the same location. 2395
"Students" means, for the purposes of this section, students 2396
enrolled in the public schools in prekindergarten disability 2397
programs and in kindergarten through grade 12. District school 2398
boards may regularly use motor vehicles other than school buses 2399
only under the following conditions: 2400
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1. When the transportation is for physically handicapped 2401
or isolated students and the district school board has elected 2402
to provide for the transportation of the student through written 2403
or oral contracts or agreements. 2404
2. When the transportation is a part of a comprehensive 2405
contract for a specialized educational program between a 2406
district school board and a service provider who provides 2407
instruction, transportation, and other services. 2408
3. When the transportation is provided through a public 2409
transit system. 2410
4. When the transportation is for trips to and from school 2411
sites or agricultural education sites or for trips to and from 2412
agricultural education -related events or competitions, but is 2413
not for customary transportation between a s tudent's residence 2414
and such sites. 2415
5. When the transportation is for trips to and from school 2416
sites but is not for customary transportation between a 2417
student's residence and such sites. 2418
(b) When the transportation of students is provided, as 2419
authorized in this subsection, in a vehicle other than a school 2420
bus that is owned, operated, rented, contracted, or leased by a 2421
school district or charter school, the following provisions 2422
shall apply: 2423
1. The vehicle must be designed to transport fewer than 10 2424
students or be a multifunction school activity bus, as defined 2425
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in 49 C.F.R. s. 571.3, if it is designed to transport more than 2426
10 persons. Students must be transported in designated seating 2427
positions and must use the occupant crash protection system 2428
provided by the manufacturer unless the student's physical 2429
condition prohibits such use. 2430
2. An authorized vehicle may not be driven by a student on 2431
a public right-of-way. An authorized vehicle may be driven by a 2432
student on school or private property as part of the student's 2433
educational curriculum if no other student is in the vehicle. 2434
3. The driver of an authorized vehicle transporting 2435
students must maintain a valid driver license and must comply 2436
with the requirements of the school district's locally adopted 2437
safe driver plan, which includes review of driving records for 2438
disqualifying violations. 2439
4. The district school board or charter school must adopt 2440
a policy that addresses procedures and liability for trips under 2441
this paragraph, including a provision that school buses are to 2442
be used whenever practical and specifying consequences for 2443
violation of the policy. 2444
(1)(2) Except as provided in subsection (1), District 2445
school boards may authorize the transportation of students in 2446
privately owned motor vehicles on a case -by-case basis only in 2447
the following circumstances: 2448
(a) When a student is ill or injured and must be taken 2449
home or to a medical treatment faci lity under nonemergency 2450
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circumstances; and 2451
1. The school has been unable to contact the student's 2452
parent or the parent or responsible adult designated by the 2453
parent is not available to provide the transportation; 2454
2. Proper adult supervision of the stud ent is available at 2455
the location to which the student is being transported; 2456
3. The transportation is approved by the school principal, 2457
or a school administrator designated by the principal to grant 2458
or deny such approval, or in the absence of the principa l and 2459
designee, by the highest ranking school administrator or teacher 2460
available under the circumstances; and 2461
4. If the school has been unable to contact the parent 2462
prior to the transportation, the school shall continue to seek 2463
to contact the parent unti l the school is able to notify the 2464
parent of the transportation and the pertinent circumstances. 2465
(b) When the transportation is in connection with a school 2466
function or event regarding which the district school board or 2467
school has undertaken to participat e or to sponsor or provide 2468
the participation of students; and 2469
1. The function or event is a single event that is not 2470
part of a scheduled series or sequence of events to the same 2471
location, such as, but not limited to, a field trip, a 2472
recreational outing, an interscholastic competition or 2473
cooperative event, an event connected with an extracurricular 2474
activity offered by the school, or an event connected to an 2475
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educational program, such as, but not limited to, a job 2476
interview as part of a cooperative education program; 2477
2. Transportation is not available, as a practical matter, 2478
using a school bus or school district passenger car; and 2479
3. Each student's parent is notified, in writing, 2480
regarding the transportation arrangement and gives written 2481
consent before a student is transported in a privately owned 2482
motor vehicle. 2483
(c) When a district school board requires employees such 2484
as school social workers and attendance officers to use their 2485
own motor vehicles to perform duties of employment, and such 2486
duties include the occasional transportation of students . 2487
(10)(11) The district school superintendent shall notify 2488
the district school board of any school bus or other vehicle 2489
used to transport students that does not meet all requirements 2490
of law and rules of the State Board of Education, and the 2491
district school board shall, if the school bus is in an unsafe 2492
condition, withdraw it from use as a school bus until the bus 2493
meets the requirements. The department may inspect or have 2494
inspected any school bus to determine whethe r the bus meets 2495
requirements of law and rules of the State Board of Education. 2496
The department may, after due notice to a district school board 2497
that any school bus does not meet certain requirements of law 2498
and rules of the State Board of Education, rule tha t the bus 2499
must be withdrawn from use as a school bus, this ruling to be 2500
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effective immediately or upon a date specified in the ruling, 2501
whereupon the district school board shall withdraw the school 2502
bus from use as a school bus until it meets requirements of law 2503
and rules of the State Board of Education and until the 2504
department has officially revoked the pertinent ruling. 2505
Notwithstanding any other provisions of this chapter, general 2506
purpose urban transit systems are declared qualified to 2507
transport students to and from school. 2508
(12)(13) The State Board of Education may adopt rules to 2509
implement this section as are necessary to protect or desirable 2510
in the interest of student health and safety. 2511
Section 18. Subsection (4) of section 1006.25, Florida 2512
Statutes, is amended to read: 2513
1006.25 School buses. —School buses shall be defined and 2514
meet specifications as follows: 2515
(4) OCCUPANT PROTECTION SYSTEMS. —Students may be 2516
transported only in designated seating positions, except as 2517
provided in s. 1006.22(11) s. 1006.22(12), and must use the 2518
occupant crash protection system provided by the manufacturer, 2519
which system must comply with the requirements of 49 C.F.R. part 2520
571 or with specifications of the State Board of Education. 2521
Section 19. Subsection (1) of section 10 06.27, Florida 2522
Statutes, is amended to read: 2523
1006.27 Pooling of school buses and other vehicles and 2524
related purchases by district school boards; transportation 2525
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services contracts.— 2526
(1) The department shall assist district school boards in 2527
securing school buses and other vehicles for transporting 2528
students, contractual needs, equipment, and supplies at as 2529
reasonable prices as possible by providing a plan under which 2530
district school boards may voluntarily pool their bids for such 2531
purchases. The department shall prepare bid forms and 2532
specifications, obtain quotations of prices and make such 2533
information available to district school boards in order to 2534
facilitate this service. District school boards from time to 2535
time, as prescribed by State Board of Education r ule, shall 2536
furnish the department with information concerning the prices 2537
paid for such items and the department shall furnish to district 2538
school boards periodic information concerning the lowest prices 2539
at which school buses and other vehicles, equipment, and related 2540
supplies are available based upon comparable specifications. 2541
Section 20. Paragraph (k) is added to subsection (2) of 2542
section 1011.71, Florida Statutes, to read: 2543
1011.71 District school tax. — 2544
(2) In addition to the maximum millage levy as provided in 2545
subsection (1), each school board may levy not more than 1.5 2546
mills against the taxable value for school purposes for charter 2547
schools pursuant to s. 1013.62(1) and (3) and for district 2548
schools to fund: 2549
(k) Payment of salaries and benefits for employees whose 2550
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job duties support activities funded by this subsection. 2551
Section 21. Effective upon this act becoming a law, 2552
subsection (3), paragraphs (d), (g), and (h) of subsection (5), 2553
paragraph (f) of subsection (6), and paragraphs (d) and (e) of 2554
subsection (7) of section 1012.56, Florida Statutes, are 2555
amended, and paragraph (i) is added to subsection (5) of that 2556
section, to read: 2557
1012.56 Educator certification requirements. — 2558
(3) MASTERY OF GENERAL KNOWLEDGE. —Acceptable means of 2559
demonstrating mastery of general knowledge are: 2560
(a) Achievement of passing scores on the general knowledge 2561
examination required by state board rule; 2562
(b) Documentation of a valid professional standard 2563
teaching certificate issued by another state; 2564
(c) Documentation of a valid certificate issued by the 2565
National Board for Professional Teaching Standards or a national 2566
educator credentialing board approved by the State Board of 2567
Education; 2568
(d) Documentation of two semesters of successful, full -2569
time or part-time teaching in a Florida College System 2570
institution, state university, or private college or university 2571
that awards an associate or higher degree and is an accredited 2572
institution or an institution of higher education identified by 2573
the Department of Education as havin g a quality program; 2574
(e) Achievement of passing scores, identified in state 2575
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board rule, on national or international examinations that test 2576
comparable content and relevant standards in verbal, analytical 2577
writing, and quantitative reasoning skills, includ ing, but not 2578
limited to, the verbal, analytical writing, and quantitative 2579
reasoning portions of the Graduate Record Examination. Passing 2580
scores identified in state board rule must be at approximately 2581
the same level of rigor as is required to pass the gener al 2582
knowledge examinations; or 2583
(f) Documentation of receipt of a master's or higher 2584
degree from an accredited postsecondary educational institution 2585
that the Department of Education has identified as having a 2586
quality program resulting in a baccalaureate de gree or higher. 2587
2588
A school district that employs an individual who does not 2589
achieve passing scores on any subtest of the general knowledge 2590
examination must provide information regarding the availability 2591
of state-level and district-level supports and instruc tion to 2592
assist him or her in achieving a passing score. Such information 2593
must include, but need not be limited to, state -level test 2594
information guides, school district test preparation resources, 2595
and preparation courses offered by state universities and 2596
Florida College System institutions. The requirement of mastery 2597
of general knowledge shall be waived for an individual who has 2598
been provided 3 years of supports and instruction and who has 2599
been rated effective or highly effective under s. 1012.34 for 2600
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each of the last 3 years. 2601
(5) MASTERY OF SUBJECT AREA KNOWLEDGE. —Acceptable means of 2602
demonstrating mastery of subject area knowledge are: 2603
(d) For a subject requiring a master's or higher degree, 2604
completion of the subject area specialization requirements 2605
specified in state board rule and achievement of a passing score 2606
on the Florida-developed subject area examination or a 2607
standardized examination that is directly related to the subject 2608
specified in state board rule; 2609
(g) Documentation of successful completion of a United 2610
States Defense Language Institute Foreign Language Center 2611
program; or 2612
(h) Documentation of a passing score on the Defense 2613
Language Proficiency Test (DLPT) ; or 2614
(i) For a subject requiring only a baccalaureate degree 2615
for which a Florida subje ct area examination has been developed, 2616
documentation of receipt of a master's or higher degree from an 2617
accredited postsecondary educational institution that the 2618
Department of Education has identified as having a quality 2619
program resulting in a baccalaureat e degree or higher in the 2620
certificate subject area as identified by state board rule . 2621
2622
School districts are encouraged to provide mechanisms for middle 2623
grades teachers holding only a K -6 teaching certificate to 2624
obtain a subject area coverage for middle gra des through 2625
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postsecondary coursework or district add -on certification. 2626
(6) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION 2627
COMPETENCE.—Acceptable means of demonstrating mastery of 2628
professional preparation and education competence are: 2629
(f) Successful completion of professional preparation 2630
courses as specified in state board rule, successful completion 2631
of a professional preparation and education competence program 2632
pursuant to paragraph (8)(b), and documentation of 3 years of 2633
being rated effective or highly effective under s. 1012.34 while 2634
holding a temporary certificate achievement of a passing score 2635
on the professional education competency examination required by 2636
state board rule; 2637
2638
The State Board of Education shall adopt rules to implem ent this 2639
subsection by December 31, 2014, including rules to approve 2640
specific teacher preparation programs that are not identified in 2641
this subsection which may be used to meet requirements for 2642
mastery of professional preparation and education competence. 2643
(7) TYPES AND TERMS OF CERTIFICATION. — 2644
(d) A person who is issued a temporary certificate under 2645
paragraph (b) subparagraph (b)2. must be assigned a teacher 2646
mentor for a minimum of 2 school years after commencing 2647
employment. Each teacher mentor selected by the school district, 2648
charter school, or charter management organization must: 2649
1. Hold a valid professional certificate issued pursuant 2650
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to this section; 2651
2. Have earned at least 3 years of teaching experience in 2652
prekindergarten through grade 12; and 2653
3. Have earned an effective or highly effective rating on 2654
the prior year's performance evaluation under s. 1012.34. 2655
(e)1. A temporary certificate issued under paragraph (b) 2656
subparagraph (b)1. is valid for 5 3 school fiscal years and is 2657
nonrenewable. 2658
2. A temporary certificate issued under subparagraph (b)2. 2659
is valid for 5 school fiscal years, is limited to a one -time 2660
issuance, and is nonrenewable. 2661
2662
At least 1 year before an individual's temporary certificate is 2663
set to expire, the department shall elect ronically notify the 2664
individual of the date on which his or her certificate will 2665
expire and provide a list of each method by which the 2666
qualifications for a professional certificate can be completed. 2667
The State Board of Education shall adopt rules to allow t he 2668
department to extend the validity period of a temporary 2669
certificate for 2 years when the requirements for the 2670
professional certificate were not completed due to the serious 2671
illness or injury of the applicant, the military service of an 2672
applicant's spouse, other extraordinary extenuating 2673
circumstances, or if the certificateholder is rated highly 2674
effective in the immediate prior year's performance evaluation 2675
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pursuant to s. 1012.34 or has completed a 2 -year mentorship 2676
program pursuant to subsection (8). The department shall extend 2677
the temporary certificate upon approval by the Commissioner of 2678
Education. A written request for extension of the certificate 2679
shall be submitted by the district school superintendent, the 2680
governing authority of a university lab scho ol, the governing 2681
authority of a state -supported school, or the governing 2682
authority of a private school. 2683
Section 22. Paragraph (e) is added to subsection (6) of 2684
section 1013.64, Florida Statutes, to read: 2685
1013.64 Funds for comprehensive educational p lant needs; 2686
construction cost maximums for school district capital 2687
projects.—Allocations from the Public Education Capital Outlay 2688
and Debt Service Trust Fund to the various boards for capital 2689
outlay projects shall be determined as follows: 2690
(6) 2691
(e) Notwithstanding the requirements of this subsection, 2692
an unfinished construction project for new construction of 2693
educational plant space that was started on or before July 1, 2694
2026, is exempt from the total cost per student station 2695
requirements established i n paragraph (b). 2696
Section 23. Subsection (3) of section 1002.321, Florida 2697
Statutes, is amended to read: 2698
1002.321 Digital learning. — 2699
(3) DIGITAL PREPARATION. —As required under s. 1003.4282, A 2700
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student entering grade 9 in the 2011 -2012 school year and 2701
thereafter who seeks a high school diploma must take at least 2702
one online course. 2703
Section 24. Paragraphs (a) and (b) of subsection (2) of 2704
section 1003.5716, Florida Statutes, are amended to read: 2705
1003.5716 Transition to postsecondary education and ca reer 2706
opportunities.—All students with disabilities who are 3 years of 2707
age to 21 years of age have the right to a free, appropriate 2708
public education. As used in this section, the term "IEP" means 2709
individual education plan. 2710
(2) Beginning not later than the first IEP to be in effect 2711
when the student enters high school, attains the age of 14, or 2712
when determined appropriate by the parent and the IEP team, 2713
whichever occurs first, the IEP must include the following 2714
statements that must be updated annually: 2715
(a) A statement of intent to pursue a standard high school 2716
diploma and a Scholar or Merit designation, pursuant to s. 2717
1003.4285, as determined by the parent. 2718
1. The statement must document discussion of the process 2719
for a student with a disability who meets the requirements for a 2720
standard high school diploma to defer the receipt of such 2721
diploma pursuant to s. 1003.4282(8)(c) s. 1003.4282(9)(c). 2722
2. For the IEP in effect at the beginning of the school 2723
year the student is expected to graduate, the statement mu st 2724
include a signed statement by the parent, the guardian, or the 2725
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student, if the student has reached the age of majority and 2726
rights have transferred to the student, that he or she 2727
understands the process for deferment and identifying if the 2728
student will defer the receipt of his or her standard high 2729
school diploma. 2730
(b) A statement of intent to receive a standard high 2731
school diploma before the student attains the age of 22 and a 2732
description of how the student will fully meet the requirements 2733
in s. 1003.4282, including, but not limited to, a portfolio 2734
pursuant to s. 1003.4282(8)(b) s. 1003.4282(9)(b) which meets 2735
the criteria specified in State Board of Education rule. The IEP 2736
must also specify the outcomes and additional benefits expected 2737
by the parent and the IEP team at the time of the student's 2738
graduation. 2739
Section 25. Subsection (2) of section 1003.499, Florida 2740
Statutes, is amended to read: 2741
1003.499 Florida Approved Courses and Tests (FACT) 2742
Initiative.— 2743
(2) FLORIDA APPROVED COURSES. —The Department of Education 2744
shall annually publish online a list of providers approved to 2745
offer Florida approv ed courses which shall be listed in the 2746
online catalog pursuant to s. 1002.321(5) s. 1002.321(6). 2747
(a) As used in this section, the term "Florida approved 2748
courses" means online courses provided by individuals which 2749
include, but are not limited to, massive open online courses or 2750
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remedial education associated with the courses that are measured 2751
pursuant to s. 1008.22. Massive open online courses may be 2752
authorized in the following subject areas: Algebra I, biology, 2753
geometry, and civics. Courses may be applied toward requirements 2754
for promotion or graduation in whole, in subparts, or in a 2755
combination of whole and subparts. A student may not be required 2756
to repeat subparts that are satisfactorily completed. 2757
(b) A Florida approved course must be annually identifie d, 2758
approved, published, and shared for consideration by interested 2759
students and school districts. The Commissioner of Education 2760
shall approve each Florida approved course for application in K -2761
12 public schools in accordance with rules of the State Board of 2762
Education. 2763
Section 26. Paragraph (c) of subsection (2) of section 2764
1003.27, Florida Statutes, is amended to read: 2765
1003.27 Court procedure and penalties. —The court procedure 2766
and penalties for the enforcement of the provisions of this 2767
part, relating to compulsory school attendance, shall be as 2768
follows: 2769
(2) NONENROLLMENT AND NONATTENDANCE CASES. — 2770
(c) Each designee of the governing body of each private 2771
school and each parent whose child is enrolled in a home 2772
education program or personalized education program may provide 2773
the Department of Highway Safety and Motor Vehicles with the 2774
legal name, sex, date of birth, and social security number of 2775
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each minor student under his or her jurisdiction who fails to 2776
satisfy relevant attendance requirements and who f ails to 2777
otherwise satisfy the requirements of s. 322.091. The Department 2778
of Highway Safety and Motor Vehicles may not issue a driver 2779
license or learner's driver license to, and shall suspend any 2780
previously issued driver license or learner's driver license of, 2781
any such minor student pursuant to s. 322.091. 2782
Section 27. Paragraph (k) of subsection (4) of section 2783
1003.485, Florida Statutes, is amended to read: 2784
1003.485 The New Worlds Reading Initiative. — 2785
(4) ADMINISTRATOR RESPONSIBILITIES. —The administrator 2786
shall: 2787
(k) Expend eligible contributions received only for the 2788
purchase and delivery of books and to implement the requirements 2789
of this section, as well as for administrative expenses not to 2790
exceed 2 percent of total eligible contributions. 2791
Notwithstanding s. 1002.395(6)(l)2. s. 1002.395(6)(j)2., the 2792
administrator may carry forward up to 25 percent of eligible 2793
contributions made before January 1 of each state fiscal year 2794
and 100 percent of eligible contributions made on or after 2795
January 1 of each sta te fiscal year to the following state 2796
fiscal year for purposes authorized by this subsection. Any 2797
eligible contributions in excess of the allowable carry forward 2798
not used to provide additional books throughout the year to 2799
eligible students shall revert to the state treasury. 2800
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Section 28. Subsections (3) and (5) of section 1009.30, 2801
Florida Statutes, are amended to read: 2802
1009.30 Dual Enrollment Scholarship Program. — 2803
(3)(a) The program shall reimburse eligible postsecondary 2804
institutions for tuition and related instructional materials 2805
costs for dual enrollment courses taken during the fall or 2806
spring terms by eligible students, consisting of: 2807
1. Private school students who take dual enrollment 2808
courses pursuant to s. 1007.271(24)(b); or 2809
2. Home education program secondary students ; or 2810
3. Personalized education program secondary students . 2811
(b) Beginning in the 2022 summer term, The program shall 2812
reimburse institutions for tuition and related instructional 2813
materials costs for dual enrollment courses taken by public 2814
school, private school, or home education program secondary 2815
students, or personalized education program secondary st udents 2816
during the summer term. 2817
(5) Each participating institution must report to the 2818
department any eligible secondary students eligible pursuant to 2819
subsection (3) from private schools or home education programs 2820
who were enrolled during the fall or sprin g terms within 30 days 2821
after the end of regular registration. Each participating 2822
institution must report to the department any secondary students 2823
eligible pursuant to subsection (3) public school, private 2824
school, or home education program students who were enrolled 2825
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during the summer term within 30 days after the end of regular 2826
registration. For each dual enrollment course in which the 2827
student is enrolled, the report must include a unique student 2828
identifier, the postsecondary institution name, the 2829
postsecondary course number, and the postsecondary course name. 2830
The department shall reimburse each participating institution no 2831
later than 30 days after the institution has reported enrollment 2832
for that term. 2833
Section 29. Except as otherwise expressly provided in this 2834
act and except for this section, which shall take effect upon 2835
this act becoming a law, this act shall take effect July 1, 2836
2023. 2837