This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0001e.EQS
DATE: 3/13/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/CS/HB 1 School Choice
SPONSOR(S): Education Quality Subcommittee, Education & Employment Committee and PreK-12
Appropriations Subcommittee and Choice & Innovation Subcommittee, Tuck and others
TIED BILLS: None. IDEN./SIM. BILLS: SB 202
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Choice & Innovation Subcommittee 13 Y, 4 N, As CS Wolff Sleap
2) PreK-12 Appropriations Subcommittee 11 Y, 3 N, As CS Bailey Potvin
3) Education & Employment Committee 16 Y, 4 N, As CS Wolff Hassell
4) Education Quality Subcommittee 13 Y, 3 N, As CS Wolff Sanchez
SUMMARY ANALYSIS
For decades, Florida has been a national leader in providing high quality education options for its parents and students. In
addition to a myriad of public options, Florida offers scholarship programs that allow parents of eligible students to register
and attend private schools that may better serve a student’s particular needs or to provide educational options for
students with disabilities. These programs primarily consist of the Florida Tax Credit Scholarship (FTC), the Family
Empowerment Scholarship for students attending private school (FES-EO), and the Family Empowerment Scholarship for
students with disabilities (FES-UA).
The bill increases the number of students with disabilities served under the FES-UA by increasing scholarship growth
rates from 1 percent to 3 percent of Florida’s exceptional education students, annually. Additionally, the bill requires a
participating private school to inform a parent that a student attending the school with a disability is not entitled to the
special education and related services under the Individuals with Disabilities Education Act (IDEA).
The bill expands eligibility for the FTC and FES-EO scholarships to any student who is a resident of Florida and is eligible
to enroll in kindergarten through grade 12 in a public school. The bill establishes the personalized education program as a
parent directed educational choice option and authorizes the student to participate in FTC. The bill retains the priority for
FTC and FES-EO scholarships for those students whose household income does not exceed 185 percent of the federal
poverty level (FPL) and creates a second priority for households with income not exceeding 400 percent of the FPL.
Under the bill, each parent of an eligible student will receive an empowerment savings account to choose among a variety
of options to customize their child’s K-12 education. The bill expands the scope of authorized uses for scholarships.
To provide additional clarity to participants, the bill aligns the parental and student responsibilities for recipients of FTC
and FES-EO scholarships as well as aligns the provisions governing how long an award remains in force and when an
account must be closed. The bill requires that SFOs review student eligibility annually, approve all expenditures prior to
disbursing any funds from the empowerment savings account, and notify parents that participation in a scholarship
program does not guarantee enrollment in a private school. Additionally, the bill requires SFOs to develop purchasing
guidelines for authorized uses of scholarship funds and publish them to their websites.
The bill expressly authorizes any school in Florida, including public charter schools, to permit a student to enroll part-time
and provides that the student will be funded proportionally based on their time of attendance or as contracted services.
Additionally, the bill provides flexibility for traditional public schools as it relates to educator certificate requirements,
transportation, cost per student station, capital improvement funding, transfer of student records, and the online course
requirement for high school graduation. The bill also requires the State Board of Education, with input from stakeholders,
to report to the Governor and Legislature recommended repeals and revisions to the education code to reduce regulation
on public schools.
The estimated fiscal impact on state government expenditures is $209.6 million. See Fiscal Analysis.
The effective date of the bill is July 1, 2023, except for section 21 which is effective upon becoming law. STORAGE NAME: h0001e.EQS PAGE: 2
DATE: 3/13/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
For decades, Florida has been a national leader in providing high quality education options for its
parents and students. In addition to a myriad of public options, Florida offers scholarship programs that
allow parents of eligible students to register and attend private schools that may better serve a
student’s particular needs or to provide educational options for students with disabilities. The three
scholarship programs, include:
The Family Empowerment Scholarship Program, consisting of a scholarship for students
attending private school (FES-EO) and a scholarship for students with a disability (FES-UA);
1
Florida Tax Credit Scholarship Program (FTC);
2
and
The Hope Scholarship Program (HOPE).
3
Private schools must meet specific criteria in order to be eligible to participate in Florida’s scholarship
programs
4
and the Department of Education (DOE)
5
and Commissioner of Education (commissioner)
6
are tasked with implementation and oversight responsibilities. Florida’s scholarship programs are
administered by Scholarship-funding Organizations (SFO) approved by the DOE.
7
Private School Participation in Scholarship Programs
Present Situation
While each scholarship program has unique requirements for private schools, there are common
criteria that each private school must meet in order to participate in any of the state’s scholarship
programs.
8
A private school may be sectarian or nonsectarian, must meet Florida’s definition of a
private school,
9
be registered with the state, and be in compliance with all the requirements of a private
school.
10
Additionally, a private school must:
11
comply with 42 U.S.C. s. 2000d which prohibits excluding a person from participation in
federally assisted programs on the grounds of race, color, or national origin;
notify the DOE of its intent to participate in a scholarship program;
notify the DOE of any changes in the school’s name, director, mailing address, or physical
location within 15 days of the change;
provide the DOE or the SFO all required documentation for student registration and payment;
annually complete and submit to the DOE a notarized scholarship compliance statement that
includes certification that all school employees and contracted personnel with direct student
contact have undergone required background screening and met the screening standards;
demonstrate fiscal soundness in accordance with statutory requirements;
meet applicable state and local health, safety, and welfare laws, codes, and rules;
employ or contract with teachers that meet specified requirements;
maintain a physical location in the state at which each student has regular and direct contact
with teachers;
1
Section 1002.394, F.S.; see also rule 6A-6.0952, F.A.C.
2
Section 1002.395, F.S.; see also rule 6A-6.0960, F.A.C.
3
Section 1002.40, F.S.; see also rule 6A-6.0951, F.A.C.
4
Section 1002.421(1), F.S.
5
Section 1002.421(2), F.S.
6
Section 1002.421(3), F.S.
7
See ss. 1002.394(11) and 1002.395(6) and (15).
8
See s. 1002.421, F.S.
9
See s. 1002.01(2), F.S.
10
Section 1002.421(1), F.S.
11
Section 1002.421(1)(a)-(r), F.S.; see also Rule 6A-6.03315, F.A.C. STORAGE NAME: h0001e.EQS PAGE: 3
DATE: 3/13/2023
provide to parents, either on a website or in other written form, information regarding the
school’s programs, services, and classroom teacher qualifications;
provide the parent, at least on a quarterly basis, a written report of the student’s progress;
cooperate with a parent who wants a student to participate in the statewide assessments;
require employees and contracted personnel with direct student contact to undergo state and
national background screening;
adopt policies establishing standards of ethical conduct for educational support employees,
instructional personnel, and school administrators;
conduct employment history checks and screen applicants utilizing educator screening tools
before employing a person in any position with direct student contact;
12
provide the DOE with the background screening of the private school owner or operator; and
prohibit education support employees, instructional personnel, and school administrators from
employment in any position which requires direct contact with students if the individual is
ineligible for such employment or have been terminated or have resigned in lieu of termination
for sexual misconduct with a student.
In addition to the requirements above, if a private school receives more than $250,000 in scholarship
funds in one year, the school must hire an independent certified public accountant (CPA) who must
verify that the school meets the requirements outlined in the agreed-upon procedures.
13
The
procedures are developed jointly with the SFOs, accrediting associations that are members of the
Florida Association of Academic Nonpublic Schools, and the DOE.
14
They are reviewed biennially.
15
The procedures must determine whether the school:
has been verified as eligible by the DOE;
has an adequate accounting system, financial controls, and a process for deposits and
classification of scholarship funds; and
has properly expended scholarship funds.
16
A school must submit the CPA’s report annually to the SFO that awarded the majority of the
scholarship funds by September 15. Schools that receive more than $250,000 solely through FES-UA
must submit the report to the DOE.
17
If a school fails to meet any of the above requirements, or has consecutive years of material exceptions
listed in the CPA’s report, the commissioner may determine that the private school is ineligible to
participate in a scholarship program.
18
The commissioner is authorized to permanently deny or revoke the authority of an owner or operator to
establish or operate a private school in the state if the commissioner decides that the owner or operator
is operating or has operated an educational institution in the state or another state or jurisdiction in a
manner contrary to the health, safety, or welfare of the public.
19
The DOE is required to maintain a disqualification list that includes the following:
The identity of each person who has been permanently denied an educator certificate or whose
educator certificate has been permanently revoked and has been placed on the list as directed
by the Education Practices Commission.
12
Section 1002.421(1)(o), F.S. A private school may not employ a person whose educator certificate is revoked, who is barred from
reapplying for an educator certificate, or who is on the disqualification list maintained by the DOE. s. 5, ch. 2021-138, L.O.F.
13
Section 1002.421(1)(q), F.S. Step Up for Students, Agreed Upon Procedures, School Financial Report Requirement, Florida School
Choice Programs, https://www.stepupforstudents.org/for-schools-providers/agreed-upon-procedures/?highlight=agreed-
upon%20procedures (last visited March. 8, 2023).
14
Section 1002.395(6)(o)2., F.S.
15
Section 1002.395(6)(o)1.b., F.S.
16
Section 1002.395(6)(o), F.S.
17
Section 1002.421(1)(q), F.S. Effective July 1, 2022, students participating in the McKay Scholarship will join the Family
Empowerment Scholarship under educational options for students with disabilities.
18
Section 1002.421(1)(a)-(r), F.S. (flush left provisions and the end of the paragraph)
19
Section 1002.431(3)(c), F.S. STORAGE NAME: h0001e.EQS PAGE: 4
DATE: 3/13/2023
The identity of each person who has been permanently disqualified by the commissioner from
owning or operating a private school that participates in state scholarship programs.
The identity of each person who has been terminated, or has resigned in lieu of termination,
from employment as a result of sexual misconduct with a student.
The identity of each person who is ineligible for educator certification or employment.
20
An individual may be removed from the disqualification list if the person demonstrates:
A completed law enforcement investigation resulted in an exoneration or no conviction or finding
of guilt and a completed investigation and proceeding, as applicable, by the responsible
education agency resulted in a finding that the person did not commit disqualifying conduct;
The person was not the subject of the report of disqualifying conduct and was included on the
disqualification list in error or as a result of mistaken identity; or
The employer that submitted the person for inclusion on the disqualification list requests that the
person be removed and submits documentation to support the request.
21
Effect of Proposed Changes
The bill provides additional information for parents of students with disabilities considering private
schools by requiring that a private school participating in any of the state’s scholarship programs
provide parents, either by publishing on the school’s website or in writing, a statement that a parentally
placed private school student with a disability does not have an individual right to receive some or all of
the special education and related services that the child would receive if enrolled in a public school
under the Individuals with Disabilities Education Act.
The bill expands the commissioner’s oversight powers by allowing her or him to permanently deny or
revoke the authority of an owner, officer, or director to establish or operate a private school in the state,
and include such individual on the disqualification list maintained by the DOE, if the commissioner
determines that the owner, officer, or director has operated an educational institution that closed during
the school year. An individual may be removed from the disqualification list if the individual reimburses
the department or eligible SFO the amount of scholarship funds received by the educational institution
during the school year in which it closed.
Florida Tax Credit Scholarship Program
Present Situation
The FTC was created in 2001 and enables taxpayers to make private, voluntary contributions to a SFO,
to expand educational opportunities for families that have limited financial resources, and enables
Florida’s children to achieve a greater level of excellence in their education.
22
The FTC is funded with
contributions to SFOs from taxpayers who receive a tax credit for use against their liability for corporate
income tax, insurance premium tax, severance taxes on oil and gas production, self-accrued sales tax
liabilities of direct pay permit holders or alcoholic beverage taxes on beer, wine, and spirits and rental
or license fees.
23
The tax credit is equal to 100 percent of the eligible contributions made.
24
SFOs use
these contributions to award scholarships for the cost of tuition and fees at an eligible private school or
transportation expenses to a Florida public school in which a student is enrolled and that is different
from the school to which the student was assigned.
25
20
Section 1001.10(4)(b), F.S.
21
Section 1001.10(4)(c), F.S.
22
Section 1002.395(1)(b), F.S.
23
Section 1002.395(1) and (5) and s. 212.099(2), F.S. Information and documentation provided to the DOE and the Auditor General
relating to the identity of a taxpayer that provides an eligible contribution under this section shall remain confidential at all times.
Section 1002.395(6)(q), F.S. (flush-left provision at end of section).
24
Sections 220.1875(1), 212.099(2), and 1002.395(5), F.S.
25
Section 1002.395(6)(d), F.S. An eligible contribution is a monetary contribution from a taxpayer to an eligible nonprofit SFO. The
taxpayer may not designate a specific child as the beneficiary of the contribution. Section 1002.395(2)(e), F.S. STORAGE NAME: h0001e.EQS PAGE: 5
DATE: 3/13/2023
The DOE, the Department of Revenue (DOR), and the Division of Alcoholic Beverages and Taxes
(DABT) cooperatively administer the FTC.
26
FTC Scholarship Eligibility
The FTC provides scholarships to students, with priority given to children from low-income families and
those who are in foster care or out-of-home care.
27
Contingent upon available funds, a student is
initially eligible for a FTC scholarship if he or she meets one or more of the following criteria:
The student is on the direct certification list
28
or the student’s household income level does not
exceed an adjusted maximum percent of the federal poverty level (FPL), which is set at 400
percent of the FPL ($111,000
29
for a family of four) for the 2022-2023 school year.
30
The student is currently placed, or during the previous state fiscal year was placed, in foster
care or in out-of-home care.
31
The student is a sibling of a student participating in the FTC scholarship and the siblings reside
in the same household.
32
Once a student qualifies for a FTC scholarship based on household income during their initial eligibility
year, the student continues to be eligible until he or she graduates from high school or turns 21 years
old, whichever occurs first, regardless of household income level in subsequent years.
33
A scholarship
recipient is not required to reapply annually, however, a SFO may require a recipient to annually
confirm their continued participation in the program.
34
A student is ineligible for a scholarship under the FTC if the student is:
35
enrolled in a school operating for the purpose of providing educational services to youth in
Department of Juvenile Justice commitment programs;
receiving a scholarship from another eligible SFO under this section;
receiving an educational scholarship pursuant to this chapter;
participating in a home education program;
participating in a private tutoring program;
participating in a virtual school, correspondence school, or distance learning program that
receives state funding pursuant to the student’s participation unless the participation is limited to
no more than two courses per school year; or
26
Section 1002.395(5) and (12), F.S.
27
Section 1002.395(3)(b), F.S. (flush left provision at end of subsection). Priority for an initial FTC scholarship must be given to a
student whose household income level does not exceed 185 percent of the FPL ($51,337.50 for a family of four for the 2022-2023
school year) or who is in foster care or out-of-home care. See Step Up for Students, Florida Tax Credit Scholarship Parent Handbook
(July 2022), at 3, available at https://www.stepupforstudents.org/wp-content/uploads/2022-2023-FTC-Parent-Handbook-Final-
Draft.pdf.
28
See s. 1002.395(2)(c), F.S. “Direct certification list” means the certified list of children who qualify for the food assistance program,
the Temporary Assistance to Needy Families Program, or the Food Distribution Program on Indian Reservations provided to the DOE
by the Department of Children and Families.
29
United Stated Department of Health & Human Services, U.S. Federal Poverty Guidelines Used to Determine Financial Eligibility
for Certain Federal Programs, Chart showing multiples of the poverty guidelines for 2022, available at
https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines.
30
Section 1002.395(3)(b)1., F.S. In 2021, the Florida Legislature aligned the FTC student eligibility household income requirements
to those of the Family Empowerment Scholarship. Chapter 2021-27, L.O.F. Under current law, for eligibility income requirements, the
FPL may be increased by 25 percentage points in the fiscal year following a fiscal year in which more than 5 percent of the allowable
scholarships have not been funded. The eligibility for the 2021-2022 school year was set at 375 percent of the FPL. See also Step Up
for Students, Florida Tax Credit Scholarship Parent Handbook (July 2022), at 3, available at https://www.stepupforstudents.org/wp-
content/uploads/2022-2023-FTC-Parent-Handbook-Final-Draft.pdf.
31
Section 1002.395(3)(b)2., F.S.
32
Section 1002.395(3), F.S. (flush left provision at end of subsection).
33
Id.
34
See Step Up for Students, 2022-2023 Florida Tax Credit Scholarship Parent Handbook (July 2022), at 4-5, available at
https://www.stepupforstudents.org/wp-content/uploads/2022-2023-FTC-Parent-Handbook-Final-Draft.pdf;
AAA Scholarship Foundation, 2021-2022 Parent and School Handbook-Florida Income-Based Scholarship Program, at 5, available
at https://www.aaascholarships.org/wp-content/uploads/2022/06/Parent-and-School-Handbook_FL_2021-22_v3_rev20220616.pdf.
35
Section 1002.395(4), F.S. STORAGE NAME: h0001e.EQS PAGE: 6
DATE: 3/13/2023
enrolled in the Florida School for the Deaf and the Blind.
FTC Scholarship Award Amount
A FTC scholarship may be used to cover the tuition and fees for a student to attend an eligible private
school.
36
The scholarship amount awarded to a student who received a scholarship in the 2018-2019
school year, who remains eligible, and who is enrolled in an eligible private school is the greater of:
37
the calculated amount for a student to attend an eligible private school is 95 percent of the
unweighted full-time equivalent (FTE) basic program funds
38
the student would generate in the
school district in which the student resides based on grade level, plus a per-full-time equivalent
share of funds for all Florida Education Finance Program (FEFP) categorical programs,
39
except
for the Exceptional Student Education (ESE) Guaranteed Allocation;
40
or
a percentage of the unweighted FTC funding amount for the 2018-2019 state fiscal year as
follows:
o eighty-eight percent of the unweighted FTE for grades K-5;
o ninety-two percent of the unweighted FTE for grades 6-8; and
o ninety-six percent of the unweighted FTE for grades 9-12.
For students initially eligible in the 2019-2020 and 2020-2021 school years, the calculated scholarship
amount is 95 percent of the unweighted FTE basic program funds the student would generate in the
school district in which the student resides based on grade level, plus a per-full-time equivalent share of
funds for all FEFP categorical programs, except for the ESE Guaranteed Allocation.
41
Effective with the 2021-2022 school year, the Legislature increased the FTC scholarship amount to be
the full amount provided for the student, from the previously 95 percent calculated amount.
42
The
maximum scholarship award amount for the 2021-2022 school year was $7,408 per student.
43
In lieu of a scholarship for enrollment in a private school, a student may receive a scholarship for
transportation to a public school other than the public school to which the student was assigned.
44
The
transportation scholarship award must be an amount equal to the school district expenditure per
student riding a school bus, as determined by the DOE, or $750, whichever is greater.
45
During the 2021-2022 school year, 85,612 students were awarded a FTC scholarship.
46
Responsibilities of FTC Scholarship Recipients
36
Section 1002.395(6)(c)1., F.S.
37
Section 1002.395(11)(a) F.S. (2020).
38
Florida Department of Education, 2021-22 Funding for Florida School Districts, available at
http://www.fldoe.org/core/fileparse.php/7507/urlt/Fefpdist.pdf. Basic program funds are used to fund kindergarten and grades 1-12.
39
Section 1011.62(6)(a), F.S. Categorical program funds are state funding allocations earmarked for certain programs or initiatives
that can only be spent for the specific purposes of those programs or initiatives. These funds comprise a portion of total state funds for
public school operations and are in addition to base state FEFP funds.
40
Section 1002.395(11)(a)1., F.S.
41
Section 1002.395(11)(a)2., F.S. (2020).
42
Section 1002.395(11)(a)2., F.S. (2021); See also s. 5, ch. 2021-27, L.O.F. The calculated scholarship award amount of the full
amount provided for the student, effective with the 2021-2022 school year, is for a FTC scholarship recipient initially eligible in the
2019-2020 school year and thereafter, and a student initially eligible in the 2018-2019 school year if the calculated amount is greater
than the scholarship award in the 2018-2019 school year.
43
Florida Department of Education, FTC Scholarship Program: Fact Sheet (Oct. 2022), available at
https://www.fldoe.org/core/fileparse.php/5606/urlt/FTC-Oct-2022-line.pdf.
44
Section 1002.395(11)(a)3., F.S.
45
Id. Effective for the 2022-2023 school year, the previous transportation scholarship amount of up to $750 was revised to allow for
the amount of the transportation expenditure by the school district for the student, or $750, whichever is greater. Section 13, ch. 2022-
154, L.O.F.
46
Florida Department of Education, Florida Tax Credit Scholarship Program: June 2022 Quarterly Report (June 2022), available at
https://www.fldoe.org/core/fileparse.php/7558/urlt/FTC-Jun-2022-Q-Report.pdf [hereinafter June Quarterly Report]. STORAGE NAME: h0001e.EQS PAGE: 7
DATE: 3/13/2023
Participation in the FTC scholarship requires parents and students to fulfill the following responsibilities:
Parents must select an eligible private school,
47
apply for admission, and notify the school
district when the student is withdrawn from a public school.
Students must attend school (unless excused by the school for illness or good cause).
Students and parents must comply with the private school’s published policies.
Parents must ensure student participation in the norm-referenced assessment offered by the
private school, unless the private school chooses to administer statewide assessments, in which
case, the student must participate in statewide assessments. If the private school the student
attends does not administer statewide assessments, a parent may request that the student be
administered a statewide assessment in addition to the norm-referenced assessment
administered by the private school.
Parents must restrictively endorse (sign) the scholarship check for the private school and are
prohibited from designating any individual or entity associated with their student’s private school
as their attorney for purposes of endorsing scholarship payment checks or approving a fund
transfer before deposit.
Parents must authorize the SFO to access information necessary to determine income eligibility,
including information held by state and federal agencies.
48
Disbursement of FTC Scholarship Award
The SFO sends scholarship payment checks quarterly to each student’s school of enrollment, after the
school completes the attendance verification. The school then notifies the parent that the check has
arrived and asks the parent to come in to the school to restrictively endorse (sign) the check in order for
the school to deposit the check.
49
A SFO may also make scholarship payments directly to eligible private schools by funds transfer
(including debit cards, electronic payment cards, or any other means the DOE deems commercially
viable or cost-effective). Payments must be approved by the parent before the funds are deposited.
50
School Attendance
With few exceptions, Florida law requires all children who will be six years of age on February 1, of
each school year and are less than 16 years of age to attend school regularly. Children who will be five
years of age by September 1, of each school year are eligible for public kindergarten.
51
State law directs district school boards to establish attendance policies defining excused or unexcused
absences or tardiness. Specific criteria for determining whether an absence or tardiness is excused or
unexcused are determined by the district school board.
52
The parent of a student who is absent from
school must justify the absence, and the absence is evaluated based on the school board’s attendance
policies.
53
Regular attendance, as required under the law, can be satisfied by attendance in:
54
a public school supported by public funds;
a parochial, religious, or denominational school;
a private school supported in whole or in part by tuition charges or by endowments or gifts;
47
A private school is eligible to participate in the FTC is they meet statutory criteria for participation in state scholarship programs
under s. 1002.421(1), F.S., annually administer or make provisions for students in grades 3 through 10 to participate in one of the
nationally norm-referenced tests identified by the DOE or the statewide assessments
47
and report the student’s scores to a selected state
university, and administer the statewide assessments if the private school chooses to offer the statewide assessments. Section
1002.395(8)(a)-(b), F.S.; See also Rule 6A-6.03215, F.A.C.
48
Section 1002.395(7)(a)-(g), F.S.
49
Section 1002.395(11)(b), F.S.
50
Id.
51
Section 1003.21(1)(a), F.S.
52
Section 1003.24, F.S. (flush-left provisions at end of section).
53
Section 1003.26, F.S.
54
Section 1003.01(13), F.S. STORAGE NAME: h0001e.EQS PAGE: 8
DATE: 3/13/2023
a home education program; or
a private tutoring program.
Home Education Programs
Home education is a parent-directed educational option that satisfies the requirement for regular school
attendance. Florida laws protecting home education became effective in 1985. For the 2021-2022
school year 152,109 students participated in home education programs throughout Florida.
55
Home education students are eligible, as provided by law, to participate in a number of district and
state programs such as:
interscholastic extracurricular student activities;
56
the Bright Futures Scholarship Program;
57
dual enrollment programs;
58
admission to Florida College System institutions;
59
admission to state universities;
60
and
a FES-UA scholarship.
61
Additionally, school districts may provide home education students special education-related services
or career and technical courses and programs.
62
School districts must make industry certification,
national assessments, and statewide, standardized assessments offered by the school district available
to home education students.
63
The DOE is also required to provide access to testing and evaluation
services at diagnostic and resource centers to home education students.
64
Effect of Proposed Changes
The bill expands eligibility for FTC scholarships to include any student who is a resident of Florida and
is eligible to enroll in kindergarten through grade 12 in a public school. The parent of an eligible student
will receive an empowerment savings account to choose among a variety of options to customize their
child’s K-12 education. In addition to expanding FTC eligibility, the bill makes the following changes:
Personalized Education Programs
The bill establishes the personalized education program as a parent directed educational choice option
that must be registered with a SFO that administers FTC scholarships. The bill authorizes students in
personalized education programs to participate in the FTC scholarship program and establishes
personalized education programs as a mechanism to satisfy mandatory school attendance
requirements. Students in a personalized education program are provided access to the same
programs and services as home education program students.
The bill establishes the following responsibilities for parents and students receiving a FTC scholarship
while participating in a personalized education program:
Apply to an eligible SFO to participate in the program by a date set by the organization. The
request must be communicated directly to the organization in a manner that creates a written or
electronic record of the request and the date of receipt of the request.
55
The Florida Department of Education, Home Education Program, available at
https://www.fldoe.org/core/fileparse.php/5606/urlt/HomeEd-Sept-2022.pdf.
56
Section 1002.41(4), F.S.
57
Section 1002.41(5), F.S.
58
Section 1002.41(6), F.S.
59
Section 1002.41(7), F.S.
60
Section 1002.41(8), F.S.
61
Section 1002.394(4)(b)4., F.S.
62
Section 1002.41(10)-(11), F.S.
63
Section 1002.41(12), F.S.
64
Section 1002.41(9), F.S. STORAGE NAME: h0001e.EQS PAGE: 9
DATE: 3/13/2023
Sign an agreement with the SFO and annually submit a sworn compliance statement to the
organization to satisfy or maintain program eligibility, including eligibility to receive and spend
program payments, by:
o Affirming that the program funds are used only for authorized purposes serving the
student's educational needs and that they will not receive a payment, refund, or rebate
of any funds provided under this section.
o Affirming that the parent is responsible for all eligible expenses in excess of the amount
of the scholarship and for the education of his or her student.
o Submitting a student learning plan
65
to the SFO and revising the plan, at least annually
before program renewal.
o Requiring the student to take a nationally norm-referenced test identified by the DOE or
a statewide assessment and provide assessment results to the SFO before renewal.
o Renewing participation in the program each year.
o Procuring the services necessary to educate the student. When the student receives a
scholarship, the district school board is not obligated to provide the student with a free
appropriate public education.
For a scholarship student participating in a personalized education program, a SFO must:
Maintain a signed agreement from the parent which constitutes as complying with the state’s
attendance requirements.
Receive eligible student test scores, and beginning with the 2027-2028 school year, annually
report the assessment data to the state university selected by the DOE to analyze such data.
Provide parents with information, guidance, and support to create and annually update a
customized student learning plan for their student. The SFO must maintain the plan and allow
parents to electronically submit, access, and revise the plan continuously.
Upon submission by the parent of an annual student learning plan, fund a scholarship for a
student determined eligible.
With regard to personalized education program students, the bill prohibits a SFO from further
regulating, exercising control over, or requiring documentation beyond the requirements proscribed
under the law.
The bill provides the following schedule for funding FTC scholarships to eligible students that are
enrolled in a personalized education program:
For the 2023-2024 school year, no more than 20,000 scholarships may be funded.
For the 2024-2025 through 2026-2027 school years, the number of funded scholarships may
increase by 40,000 each year.
For the 2027-2028 school year, every personalized education program student will have access
to an empowerment account to customize their education.
FTC Scholarships
For all students receiving a FTC scholarship, the bill expands the authorized uses of FTC scholarship
funds in an empowerment savings account to include:
Instructional materials, including digital materials and Internet resources.
Curriculum, which is a complete course of study for a particular content area or grade level,
including any required supplemental materials and associated online instruction.
Tuition and fees associated with full-time or part-time enrollment in a home education
instructional program, an eligible postsecondary educational institution or a program offered by
the postsecondary educational institution,
66
an approved preapprenticeship program,
67
a private
65
The bill also defines student learning plan to mean a customized learning plan developed by a parent, at least annually, to guide
instruction for their student and identify the goods and services that are needed to address the academic needs of the student.
66
Unless the program is subject to a statutory fee exemption or the dual enrollment scholarship.
67
Unless the program is subject to a statutory fee exemption. The preapprenticeship program must also comply with all applicable
requirements of the DOE pursuant to chapter 1005. STORAGE NAME: h0001e.EQS PAGE: 10
DATE: 3/13/2023
tutoring program, a virtual program offered by a department-approved private online provider,
the Florida Virtual School as a private paying student, or an approved online course.
Fees for nationally standardized, norm-referenced achievement tests, Advanced Placement
Examinations, industry certification examinations, assessments related to postsecondary
education, or other assessments.
Contracted services provided by a public school or school district, including classes. A student
who receives services under a contract is not considered enrolled in a public school for
scholarship eligibility purposes but rather attending a public school on a part-time basis.
Tuition and fees for part-time tutoring services or fees for services by a choice navigator.
The bill clarifies that for a scholarship awarded to students enrolled full-time in a private school, a
parent agrees to have the SFO commit scholarship funds for tuition and fees at the private school
before using account funds for any other authorized use and that a parent is responsible for all eligible
expenses in excess of the amount of the scholarship.
The bill retains the requirement that priority for FTC scholarships be given to those students whose
household income does not exceed 185 percent of the federal poverty level or who are in foster care or
out-of-home care. The bill adds a second priority group for students whose household income is
greater than 185 percent of the federal poverty level, but less than or equal to 400 percent of the
federal poverty level. Additionally, the bill expands the eligibility for public school transportation
scholarships to all students eligible for a scholarship.
The bill updates the parent and student participation responsibilities for the FTC scholarship by
requiring the parent to meet with the private school’s principal or the principal’s designee to review the
school’s academic programs and policies, specialized services, code of student conduct, and
attendance policies before enrollment.
The bill updates the requirements of the FTC scholarship to be more closely aligned with the FES-EO
by providing that a student is not eligible for a FTC scholarship while he or she is:
Enrolled in a public school, including, but not limited to, the Florida School for the Deaf and the
Blind, the College-Preparatory Boarding Academy, a developmental research school authorized
under the law, or a charter school. For purposes of this paragraph, a 3- or 4-year-old child who
receives services funded through the Florida Education Finance Program is considered to be a
student enrolled in a public school;
Enrolled in a school operating for the purpose of providing educational services to youth in a
Department of Juvenile Justice commitment program;
Receiving any other state-sponsored K-12 educational scholarship;
Not having regular and direct contact with his or her private school teachers unless he or she is
enrolled in a personalized education program;
Participating in a home education program;
Participating in a private tutoring program unless he or she is enrolled in a personalized
education program; or
Participating in virtual instruction that receives state-funding pursuant to the student’s
participation.
The bill requires a FTC scholarship to remain in force until:
The SFO determines that the student is not eligible for program renewal;
The Commissioner of Education suspends or revokes program participation or use of funds;
The student's parent has forfeited participation in the program for failure to comply with
statutorily required parental and student responsibilities;
The student enrolls in a public school, however, if a student enters a Department of Juvenile
Justice detention center for a period of no more than 21 days, the student is not considered to
have returned to a public school on a full-time basis for that purpose; or
The student graduates from high school or attains 21 years of age, whichever occurs first.
STORAGE NAME: h0001e.EQS PAGE: 11
DATE: 3/13/2023
The bill requires that a SFO establish and maintain an empowerment savings account for each eligible
student and must maintain records of accrued interest retained in the student’s account. The parent of
an eligible student must approve each payment prior to the SFO transferring funds to the account by
funds transfer. The SFO may permit eligible students to use program funds by paying for the authorized
use directly, then submitting a reimbursement request to the eligible SFO. However, a SFO is
authorized to require the use of an online platform for direct purchases of products so long as this does
not limit a parent’s choice of curriculum or academic programs. Additionally, if a parent purchases a
product identical to one offered by a SFO’s online platform for a lower price, the SFO must reimburse
the parent the cost of the product. Reimbursements are allowed for items not on the platform.
A student’s empowerment savings account must be closed, and any remaining funds will revert to the
state, after:
Denial or revocation of program eligibility by the commissioner for fraud or abuse, including, but
not limited to, the student or student's parent accepting any payment, refund, or rebate, in any
manner, from a provider of any services; or
Two consecutive fiscal years in which an account has been inactive.
Additionally, the SFO is required to verify a student’s eligibility each fiscal year, prior to granting a
scholarship for that fiscal year. A student whose participation in the program is not renewed may
continue to spend scholarship funds that are in his or her account from prior years unless the account
must be closed. The bill establishes a cap of $24,000.00 as the maximum amount a SFO is permitted
to maintain in an individual student’s empowerment savings account for a FTC scholarship.
The bill requires that a SFO must award for annual of partial-year scholarships an amount equal to or
greater than 75 percent of all estimated net eligible contributions and all funds carried forward from the
prior state fiscal year remaining after administrative expenses, before funding any scholarships to
students determined eligible for an FES-EO scholarship. The bill requires a SFO to submit to the DOE,
beginning September 30, 2023, quarterly reports that provide the estimated and actual amounts of the
net eligible contributions and all funds carried forward from the prior state fiscal year.
The bill permits reimbursements for program expenditures to continue until the account balance is
expended or remaining funds have reverted to the state.
The bill defines a choice navigator to mean an individual who assists parents with the selection,
application, and enrollment in educational options that address the academic needs of their student. A
choice navigator must be a person who holds a valid Florida educator's certificate, a person who holds
an adjunct teaching certificate, a person who has a bachelor's degree or a graduate degree in the
subject area in which instruction is given, a person who has demonstrated a mastery of subject area
knowledge, or a person certified by a nationally or internationally recognized research-based training
program as approved by the department. The bill requires any consultations between a choice
navigator and a parent to be at a mutually agreed upon location and prohibits a choice navigator from
overseeing or exercising control over the curricula or academic program of a personalized education
program student.
The bill expands the definition of eligible postsecondary educational institution to include approved
higher education institutions which participate in distance education through reciprocity agreements.
68
The bill revises the definition of an eligible contribution under FTC to mean a monetary contribution
from a taxpayer, subject to the restrictions provided in s. 1002.395, to an eligible SFO pursuant to ss.
212.099, 212.1832, 1002.395, and 1002.40.
Family Empowerment Scholarship Program
68
The National Council for State Authorization Reciprocity Agreements (NC-SARA) is a private nonprofit organization with the goal
of improving student access to distance learning. NC-SARA helps states, institutions, policymakers, and students understand the
purpose and benefits of participating in these reciprocity agreements. There are currently more than 2,200 institutions in 49 member
states, including Florida, participating in such reciprocity agreements, greatly expanding access to educational options for Florida’s
students. NC-SARA, About NC-SARA, https://www.nc-sara.org/about-nc-sara (last visited March 8, 2023). STORAGE NAME: h0001e.EQS PAGE: 12
DATE: 3/13/2023
Present Situation
The FES program provides children of families in Florida with educational options to achieve success in
their education, including children of families with limited financial resources, children of law
enforcement and military families, and children with disabilities.
69
The scholarship program includes two
types of scholarships where one assists eligible students to pay for the tuition and fees associated with
attendance at a private school or transportation to another public school (FES-EO), and the other
provides access to additional education options for a student with a disability by covering the cost of a
variety of approved items, including: contracted services, curriculum, instructional materials, tutoring,
specified education programs, and specialized services (FES-UA).
70
Each scholarship has unique
student eligibility requirements, program requirements, award calculation methodologies, and allowable
expenditures.
71
FES-EO Eligibility
A student is eligible for a scholarship to attend private school if the student meets the following
criteria:
72
The student is on the direct certification list (list of children who qualify for the food assistance
program, the Temporary Assistance to Needy Families Program, or the Food Distribution on
Indian Reservations program) or the student’s household income level does not exceed 185
percent of the federal poverty level (FPL) ($51,337.50
73
for a family of four) for the 2022-2023
school year;
The student is currently placed, or during the previous state fiscal year was placed, in foster
care or in out-of-home care;
The student’s household income level does not exceed an adjusted maximum percent of the
FPL, which is set at 400 percent of the FPL ($111,000
74
for a family of four) for the 2022-2023
school year;
75
The student is a sibling of a student who is participating in the FES-EO and the siblings reside in
the same household;
The student is a dependent child of a member of the United States Armed Forces, including a
reservist;
76
or
The student is a dependent child of a law enforcement officer.
A student is ineligible for a scholarship under the FES-EO or FES-UA if the student is:
77
enrolled in a public school, including, but not limited to, the Florida School for the Deaf and the
Blind, the College-Preparatory Boarding Academy, a developmental research school, or a
charter school;
enrolled in a Department of Juvenile Justice commitment program;
receiving any other state-sponsored K-12 educational scholarship;
69
Section 1002.394, F.S. see also Rule 6A-6.0952, F.A.C.
70
Section 1002.394(3)(a) and (3)(b), F.S. The John M. McKay Scholarship for Students with Disabilities Program and the Gardiner
Scholarship Program were previously offered as two separate scholarships for students with disabilities before the programs were
consolidated under the FES-UA. The Gardiner Scholarship was repealed effective July 1, 2021, s. 2, ch. 2021-27 L.O.F. The McKay
Scholarship was repealed effective July 1, 2022, s. 3, ch. 2021-27, L.O.F.
71
Section 1002.394, F.S.
72
Section 1002.394(3)(a)1.-6., F.S.
73
Step Up for Students, 2022-2023 Family Empowerment Scholarship for Educational Options Parent Handbook (July 2022), at 3,
available at https://www.stepupforstudents.org/wp-content/uploads/2022-2023-FES-EO-Parent-Handbook-Final-Draft.pdf.
74
Id.
75
Section 1002.394(3)(a)3., F.S. The Federal Poverty Level may be increased by 25 percentage points in the fiscal year following a
fiscal year in which more than 5 percent of the allowable scholarships have not been funded. The eligibility for the 2021-2022 school
year was set at 375 percent of the FPL.
76
A member of the United States Armed Forces means a member of the Army, Navy, Air Force, Coast Guard, Marine Corps, or Space
Force, including a Reservist. Rule 6A-6.0952(2)(f), F.A.C.
77
Section 1002.394(6)(a)-(f), F.S. STORAGE NAME: h0001e.EQS PAGE: 13
DATE: 3/13/2023
not having regular and direct contact with his or her private school teacher, unless the student
has an eligible disability and is awarded a scholarship under the FES-UA and the student is
enrolled in the private school’s transition-to-work program or a home education program;
participating in a private tutoring program, unless the student has an eligible disability and is
awarded a scholarship under the FES-UA; or
participating in a virtual instruction program.
FES-EO eligibility continues for a student receiving a scholarship to attend private school until the
student returns to a public school, graduates from high school, or turns 21 years old, whichever occurs
first, regardless if the student’s household income exceeds the FPL cap in subsequent years.
78
A
scholarship recipient who maintains continued eligibility is not required to reapply annually, however, a
SFO may require a recipient to annually confirm their continued participation in the program.
79
Number of Available FES-EO and FES-UA Awards
For the 2019-2020 school year, a maximum program capacity for FES-EO scholarships was
established at 18,000 students. Beginning in the 2020-2021 school year, the maximum number of
students participating in the scholarship program increases by one percent of the state’s total K-12 full-
time equivalent student membership each year.
80
The maximum program capacity does not include
the following students who are excluded:
81
Students who are a dependent child of a law enforcement officer or a member of the United
States Armed Forces, a foster child, or an adopted child; or
Students who meet the eligibility requirements of being on the direct certification list or meet
household income requirements or students placed in foster care or out-of-home care and either
spent the prior school year in attendance at a Florida public school, or beginning in the 2022-
2023 school year, is eligible to enroll in kindergarten.
In the 2021-2022 school year, 77,141 FES-EO scholarships were awarded to eligible students seeking
a scholarship to attend private school.
82
For the 2022-2023 school year, the maximum number of FES-UA scholarships is established at 26,500
students.
83
Beginning with the 2023-2024 school year, and annually thereafter, the maximum number
of students participating in the scholarship program annually increases by one percent of the state’s
total exceptional student education full-time equivalent student membership, not including gifted
students.
84
The maximum program capacity does not include the following students who are excluded:
85
Students who received specialized instructional services under the Voluntary Prekindergarten
Education Program during the previous school year;
Students who are a dependent child of a law enforcement officer or a member of the United
States Armed Forces, a foster child, or an adopted child; or
78
Section 1002.394(5)(a), F.S.
79
See Step Up for Students, 2022-2023 Family Empowerment Scholarship for Educational Options Parent Handbook (July 2022), at
12-13, available at https://www.stepupforstudents.org/wp-content/uploads/2022-2023-FES-EO-Parent-Handbook-Final-Draft.pdf.;
AAA Scholarship Foundation, 2021-2022 Parent and School Handbook-Florida Income-Based Scholarship Program, at 5, available
at https://www.aaascholarships.org/wp-content/uploads/2022/06/Parent-and-School-Handbook_FL_2021-22_v3_rev20220616.pdf.
80
Section 1002.394(12)(a)1., F.S.
81
Section 1002.394(12)(a)1.a.-b., F.S.
82
Adam Emerson, Florida Department of Education, School Choice Overview, presentation before the Choice & Innovation
Subcommittee, (Jan. 19, 2023), available at
https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3243&Session=20
23&DocumentType=Meeting+Packets&FileName=cis+1-19-23.pdf.
83
Section 1002.394(12)(b)1., F.S.
84
Section 1002.394(12)(b)1., F.S.
85
Section 1002.394(12)(b)1.a.-c., F.S. See also Florida Department of Education, State Board of Education August 18, 2021 Agenda,
Family Empowerment Scholarship Program Presentation, at 5, available at https://www.fldoe.org/core/fileparse.php/19998/urlt/6-
3.pdf. STORAGE NAME: h0001e.EQS PAGE: 14
DATE: 3/13/2023
Students who spent the prior school year in attendance at a Florida public school or received a
McKay Scholarship in the 2021-2022 school year.
In the 2021-2022 school year, 25,049 FES-UA scholarships were awarded to eligible students with a
disability.
86
Priority for FES-EO Awards
A participating SFO must award a FES-EO scholarship in accordance with the priorities established in
law. For a student seeking a scholarship to attend private school, the award priority must be given to a
student whose household income level does not exceed 185 percent of the FPL or who is in foster care
or out-of-home care.
87
FES-EO Award Amount
The FES-EO is funded through the Florida Education Finance Program (FEFP) with a scholarship
awarded by a SFO.
88
A FES-EO scholarship award amount for a student to attend an eligible private
school is calculated as 100 percent of the school districts funding per student, including all categorical
funds, except for the exceptional student education (ESE) guaranteed allocation.
89
The DOE
determines the appropriate student scholarship funding amount and cross-checks scholarship students
with public school enrollment to avoid duplication.
90
Upon receiving documentation which verifies a student’s participation in the scholarship from the SFO,
the DOE must transfer scholarship funds to the SFO for disbursement to parents of participating FES-
EO students.
91
Initial scholarship payments are made after the SFO verifies the student’s admission
acceptance to an eligible private school, with all subsequent scholarship payments occurring upon
verification of continued enrollment and attendance at the private school.
92
Any scholarship payment
made by warrant must be delivered by the SFO to the private school of the parent’s choice, and the
parent must restrictively endorse (sign) the payment.
93
For each FES-EO scholarship, the DOE must cross-check the list of participating scholarship students
with public school enrollment and adjust payments to a SFO and school districts based upon these
results when the FEFP is recalculated.
94
Responsibilities of FES-EO Recipients
Parents and students receiving a FES-EO scholarship must fulfill the following responsibilities:
95
Select the private school and apply for the admission of his or her student.
86
Adam Emerson, Florida Department of Education, School Choice Overview, presentation before the Choice & Innovation
Subcommittee, (Jan. 19, 2023), available at
https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees&CommitteeId=3243&Session=20
23&DocumentType=Meeting+Packets&FileName=cis+1-19-23.pdf.
87
Section 1002.394(3)(a), F.S. (flush left provision at end of subparagraph).
88
Section 1002.394(8)(a)2., (11)(a)1., (11)(b)1., and (12)(a), F.S. The department must notify the SFO that scholarships may not be
awarded in a school district in which the scholarship award will exceed 99 percent of the school district’s share of the state FEFP
funds as calculated by the department. Section 1002.394(8)(a)13., F.S.
89
Section 1002.394(12)(a)2., F.S. See also Step Up For Students, Income-Based Scholarship Programs Basic Scholarship Amounts
for 2022-23, available at https://www.stepupforstudents.org/wp-content/uploads/Step-Up-For-Students_Income-Based-Scholarship-
Amounts.pdf.
90
Id.
91
Section 1002.394(12)(a)5., F.S. Scholarship payments are made to the SFO on or before September 1, November 1, February 1, and
April 1 of each year. Rule 6A-6.0952, F.A.C.
92
Section 1002.394(12)(a)6., F.S.
93
Section 1002.394(12)(a)6., F.S. See also s. 1002.394(10)(a)7., F.S.
94
Section 1002.391(8)(a)14., F.S. The FEFP is calculated five times throughout the year to arrive at each year’s final appropriations.
See Florida Department of Education, 2021-22 Funding for Florida School Districts, at 25, available at
https://www.fldoe.org/core/fileparse.php/7507/urlt/Fefpdist.pdf.
95
Section 1003.394(10)(a)6., F.S. STORAGE NAME: h0001e.EQS PAGE: 15
DATE: 3/13/2023
Request the scholarship by a date established by the organization, in a manner that creates a
written or electronic record of the request and the date of receipt of the request.
Inform the applicable school district when the parent withdraws his or her student from a public
school to attend an eligible private school.
Require his or her student participating in the program to remain in attendance throughout the
school year unless excused by the school for illness or other good cause.
Meet with the private school’s principal or the principal’s designee to review the school’s
academic programs and policies, customized educational programs, code of student conduct,
and attendance policies prior to enrollment.
Require that the student participating in the scholarship program takes the norm-referenced
assessment offered by the private school.
96
Restrictively endorse the warrant, issued in the name of the parent, to the private school for
deposit into the private school’s account. The parent may not designate any entity or individual
associated with the participating private school as the parent’s attorney in fact to endorse a
scholarship warrant.
Responsibilities of FES-UA Recipients
Parents and students receiving a FES-UA scholarship must fulfill the following responsibilities:
Apply to an eligible nonprofit scholarship-funding organization to participate in the program by a
date set by the organization.
Sign an agreement with the organization and annually submit a sworn compliance statement to
the organization to satisfy or maintain program eligibility, including eligibility to receive and
spend program payments by:
o Affirming that the student is enrolled in a program that meets regular school attendance
requirements.
o Affirming that the program funds are used only for authorized purposes serving the
student’s educational needs; that any prepaid college plan or college savings plan funds
contributed will not be transferred to another beneficiary while the plan contains funds
contributed from the FES-UA scholarship; and that they will not receive a payment,
refund, or rebate of any funds provided under this section.
o Affirming that the parent is responsible for all eligible expenses in excess of the amount
of the scholarship and for the education of his or her student by, as applicable:
Requiring the student to take a norm-referenced assessment or the statewide,
standardized assessment;
Providing an annual home education program evaluation; or
Requiring the child to take any preassessments and postassessments selected
by the provider if the child is 4 years of age and is enrolled in a program provided
by an eligible Voluntary Prekindergarten Education Program provider.
97
o Affirming that the student remains in good standing with the provider or school if those
options are selected by the parent.
o Enrolling his or her child in a program from a Voluntary Prekindergarten Education
Program provider, a school readiness provider, or an eligible private school if either
option is selected by the parent.
o Renewing participation in the program each year.
o Procuring the services necessary to educate the student.
Authorized uses for FES-EO Awards
A FES-EO scholarship may be used to cover the tuition and fees for a student to attend an eligible
private school.
98
The scholarship award may be used to cover the cost of any assessment fee required
96
The parent and student may also elect to participate in the statewide, standardized assessment administered by the school district.
The parent is responsible for transporting the student to the assessment. Section 1003.394(10)(a)6., F.S.
97
A student with disabilities for whom the physician or psychologist who issued the diagnosis or the IEP team determines that a
preassessment and postassessment is not appropriate is exempt from this requirement. Section 1003.394(10)(b)2.c.(III), F.S.
98
Section 1002.394(12)(a)2., F.S. STORAGE NAME: h0001e.EQS PAGE: 16
DATE: 3/13/2023
by the participating private school and any costs to provide a digital device, including internet access, to
the student.
99
A scholarship in the amount of $750 or an amount equal to the school district expenditure
per student riding a bus, whichever is greater, may also be awarded to an eligible student
100
enrolled in
a Florida public school which is different from the school to which the student was assigned or in a lab
school, if the school district does not provide the student with transportation to the school.
101
Authorized uses for FES-UA Awards
A FES-UA scholarship for an eligible student with a disability may be used to cover the following
expenses:
102
Instructional materials, including digital devices, digital periphery devices, and assistive
technology devices that allow a student to access instruction or instructional content and
training on the use of and maintenance agreements for these devices;
A complete course of study for a particular content area or grade level, including any required
supplemental materials and associated online instruction;
Specialized services
103
by approved providers or by a hospital in this state which are selected
by the parent;
Tuition or fees associated with full-time or part-time enrollment in a home education program, an
eligible private school, an eligible postsecondary educational institution or a program offered by
the postsecondary educational institution, a private tutoring program authorized, a virtual
program offered by an approved private online provider, the Florida Virtual School as a private
paying student, or an approved online course;
Fees for nationally standardized, norm-referenced achievement tests, Advanced Placement
Examinations, industry certification examinations, assessments related to postsecondary
education, or other assessments;
Contributions to the Stanley G. Tate Florida Prepaid College Program or the Florida College
Savings Program for the benefit of the eligible student;
Contracted services provided by a public school or school district, including classes;
104
Tuition and fees for part-time tutoring services;
Fees for specialized summer education programs or specialized after-school education
programs;
Transition services provided by job coaches;
Fees for a home education student’s annual evaluation of educational progress by a state-
certified teacher;
Tuition and fees associated with a Voluntary Prekindergarten Education Program or school
readiness program;
Fees for services provided at a center that is a member of the Professional Association of
Therapeutic Horsemanship International; or
Fees for services provided by a therapist who is certified by the Certification Board for Music
Therapists or credentialed by the Art Therapy Credentials Board, Inc.
Effect of Proposed Changes
FES-EO Scholarship
99
Id.
100
Section 1002.394(12)(a)4., F.S. The student must be on the direct certification list, the student’s household income level does not
exceed 185 percent of the federal poverty index, or the student is placed in foster care or in out-of-home care.
101
Section 1002.394(12)(a)4., F.S. The district expenditure per student riding a school bus is the amount determined by the DOE.
102
Section 1002.394(4)(b)1.-15., F.S.
103
Specialized services may include, but are not limited to, applied behavior analysis services, services provided by speech-language
pathologists, occupational therapy services, services provided by physical therapists, or services provided by listening and spoken
language specialists.
104
A student who receives services under such a contract is not considered enrolled in a public school for scholarship eligibility
purposes. STORAGE NAME: h0001e.EQS PAGE: 17
DATE: 3/13/2023
The bill expands eligibility for FES-EO scholarships to include any student who is a resident of Florida
and is eligible to enroll in kindergarten through grade 12 in a public school. The parent of an eligible
student will receive an empowerment savings account to customize their child’s K-12 education.
The bill expands the authorized uses of FES-EO scholarship funds in an empowerment savings
account to include:
Instructional materials, including digital materials and Internet resources.
Curriculum, which is a complete course of study for a particular content area or grade level,
including any required supplemental materials and associated online instruction.
Tuition and fees associated with full-time or part-time enrollment in an eligible postsecondary
educational institution
105
or a program offered by the postsecondary educational institution,
106
an approved preapprenticeship program,
107
a private tutoring program, a virtual program offered
by a department-approved private online provider, the Florida Virtual School as a private paying
student, or an approved online course.
Fees for nationally standardized, norm-referenced achievement tests, Advanced Placement
Examinations, industry certification examinations, assessments related to postsecondary
education, or other assessments.
Contracted services provided by a public school or school district, including classes. A student
who receives services under a contract is not considered enrolled in a public school for
scholarship eligibility purposes but rather attending a public school on a part-time basis.
Tuition and fees for part-time tutoring services or fees for services by a choice navigator.
To reflect the expanded authorized uses beyond just tuition and fees at a private school, the bill
provides that the scholarship amount shall be the calculated amount the student would have generated
through the FEFP, rather than the lesser amount of either the calculated funds or the cost of tuition and
fees. However, the bill clarifies that for a scholarship awarded to students enrolled full-time in a private
school, funds must be used for tuition and fees at the private school prior to any other authorized use
and that parents are responsible for all eligible expenses in excess of the amount of the scholarship.
The bill requires the parent of a recipient of a FES-EO scholarship to agree to have the SFO commit
scholarship funds on behalf of his or her student for tuition and fees prior to using scholarship funds for
other authorized services.
The bill retains the requirement that priority for FES-EO scholarships be given to those students whose
household income does not exceed 185 percent of the federal poverty level or who are in foster care or
out-of-home care. The bill adds a second priority group for students whose household income is
greater than 185 percent of the federal poverty level, but less than or equal to 400 percent of the
federal poverty level. Additionally, the bill expands the eligibility for public school transportation
scholarships to all students eligible for a scholarship. The bill removes the existing FES-EO scholarship
growth provisions.
The bill requires a FES-EO scholarship to remain in force until:
The SFO determines that the student is not eligible for program renewal;
The Commissioner of Education suspends or revokes program participation or use of funds;
The student's parent has forfeited participation in the program for failure to comply with
statutorily required parental and student responsibilities;
The student enrolls in a public school, however, if a student enters a Department of Juvenile
Justice detention center for a period of no more than 21 days, the student is not considered to
have returned to a public school on a full-time basis for that purpose; or
The student graduates from high school or attains 21 years of age, whichever occurs first.
105
“Eligible postsecondary educational institution” includes institutions that offer distance learning under a reciprocity agreement.
See, supra, text accompanying note 54.
106
Unless the program is subject to a statutory fee exemption or the dual enrollment scholarship.
107
Unless the program is subject to a statutory fee exemption. The preapprenticeship program must also comply with all applicable
requirements of the DOE pursuant to chapter 1005. STORAGE NAME: h0001e.EQS PAGE: 18
DATE: 3/13/2023
The bill requires that a SFO establish and maintain an empowerment savings account for each eligible
student and must maintain records of accrued interest retained in the student’s account. The parent of
an eligible student must approve each payment prior to the SFO transferring funds to the account by
funds transfer.
A SFO may permit a FES-EO student to use program funds by paying for the authorized use directly,
then submitting a reimbursement request to the eligible SFO. However, a SFO is authorized to require
the use of an online platform for direct purchases of products so long as this does not limit a parent’s
choice of curriculum or academic programs. Additionally, if a parent purchases a product identical to
one offered by a SFO’s online platform for a lower price, the SFO must reimburse the parent the cost of
the product. Reimbursements are allowed for items not on the platform.
A student’s empowerment savings account must be closed, and any remaining funds will revert to the
state, after:
Denial or revocation of program eligibility by the commissioner for fraud or abuse, including, but
not limited to, the student or student's parent accepting any payment, refund, or rebate, in any
manner, from a provider of any services; or
Two consecutive fiscal years in which an account has been inactive.
Additionally, the SFO is required to verify a student’s eligibility each fiscal year, prior to granting a
scholarship for that fiscal year. A student whose participation in the program is not renewed may
continue to spend scholarship funds that are in his or her account from prior years unless the account
must be closed. The bill establishes a cap of $24,000.00 as the maximum amount a SFO is permitted
to maintain in an individual student’s empowerment savings account for a FES-EO scholarship.
The bill permits reimbursements for program expenditures to continue until the account balance is
expended or remaining funds have reverted to the state.
The bill requires the DOE to transfer eligible student scholarship funds, beginning August 1, to an SFO.
The bill maintains the quarterly disbursement of funds to a student’s empowerment account.
The bill removes the requirement that the school district where a scholarship student resides must
provide the student information about locations and times for the statewide, standardized assessment.
The bill retains the requirement that the school district where the private school that the student attends
is located provide locations and times for a student to take statewide, standardized assessments, upon
the parent’s request.
FES-UA Scholarship
To increase the number of eligible students with disabilities served by the scholarship, the bill increases
the scholarship capacity from 1 to 3 percent of the state’s total exceptional student education student
membership annually.
The bill also expands the authorized uses of a FES-UA scholarship to include preapprenticeship
programs
108
or fees for services provided by a choice navigator. Additionally, FES-UA students may
now use scholarship funds for distance learning at postsecondary educational institutions with
reciprocity agreements. The bill clarifies that a FES-UA recipient receiving contracted services provided
by a public school or school district shall be considered to be attending public school on a part-time
basis.
The bill requires that private schools accepting FES-UA scholarships discuss with the parent, before
enrollment, the school’s academic programs, and policies and specialized services which may meet the
student’s individual needs.
108
Unless the program is subject to a statutory fee exemption. The preapprenticeship program must also comply with all applicable
requirements of the DOE pursuant to chapter 1005. STORAGE NAME: h0001e.EQS PAGE: 19
DATE: 3/13/2023
The bill provides schools districts with additional flexibility when developing a matrix of services for a
nonpublic school student receiving an FES-UA scholarship, by authorizing the school district to rely on
the evaluation reports and plans of care developed by a licensed professional when completing the
matrix of services.
The bill establishes a cap of $50,000.00 as the maximum amount a SFO is permitted to maintain in an
individual student’s empowerment savings account for a FES-UA scholarship.
DOE Scholarship Oversight and SFO Administration
Present Situation
DOE Oversight
To increase transparency of Florida’s school choice options, and provide parents with access to all
information on the options available to them, the bill requires the Commissioner of Education to develop
an online portal that allows parents to choose the best educational options for their student. The portal,
at a minimum, must:
Recommend educational options based on questions about the student, including the needs
and interests of the student.
Advise parents on the recommended educational options for their student.
Enable schools to develop a school profile and connect directly with families who express
interest in the school.
Allow parents to complete the school enrollment process.
The DOE must fulfill the following responsibilities for all state scholarship programs:
109
Annually verify the private schools eligible to participate.
Establish a toll-free hotline to provide parents and private schools with information about
participating in the scholarship programs.
Establish a process to allow individuals to notify the DOE of violations of state law relating to a
scholarship program.
Annually receive and retain from every participating private school a notarized, sworn
compliance statement certifying compliance with state law.
Coordinate with the entities conducting the health inspections and fire inspections for private
schools to obtain copies of the inspection reports directly from the entities.
Provide, at no cost to the school, the statewide assessments and any related materials for
administering the assessments.
Conduct site visits to schools entering a scholarship program for the first time. A school is not
eligible to receive scholarship funds until a satisfactory site visit is completed and the school
complies with all other requirements in law.
Maintain a list of nationally norm-referenced tests identified for purposes of satisfying
scholarship program assessment requirements.
110
The DOE is authorized to conduct site visits to any private school participating in a state scholarship
program that has received a complaint about a violation of state law or state board rule or has received
a notice of noncompliance or a notice of proposed action within the previous two years.
111
The DOE
must annually submit, by December 15, a report to the Governor, the President of the Senate, and the
Speaker of the House of Representatives which describes its implementation of the accountability
measures in the scholarship programs, any substantiated allegations or violations of law or rule by a
private school, and the corrective action taken.
112
109
Section 1002.421(2)(a), F.S.
110
Sections 1002.394(8)(a)3. and 1002.395(9)(e), F.S.
111
Section 1002.421(2)(b), F.S.
112
Section 1002.421(2)(c), F.S. STORAGE NAME: h0001e.EQS PAGE: 20
DATE: 3/13/2023
The DOE is required to issue a project grant award to a state university, to which participating private
schools must report the scores of participating scholarship students on the nationally norm-referenced
tests or the statewide assessments administered by the private school in grades 3 through 10.
113
The
state university must annually report to the DOE on the student performance of participating
students:
114
On a statewide basis. The report shall also include, to the extent possible, a comparison of
scholarship students' performance to the statewide student performance of public school
students with socioeconomic backgrounds similar to those of students participating in the
scholarship program; and
On an individual school basis. The annual report must include student performance for each
participating private school in which at least 51 percent of the total enrolled students in the
private school participated the FTC program in the prior school year.
Scholarship Funding Organizations
Florida’s scholarship programs are administered by DOE approved non-profit scholarship-funding
organizations (SFO).
115
Presently, there is one application cycle annually for entities desiring to serve
as a SFO. Applications, containing the information required by law, must be submitted to the DOE by
September 1 of the year before the school year the organization intends to offer scholarships.
116
A SFO
must be a state university; or an independent college or university that is eligible to participate in the
William L. Boyd, IV, Effective Access to Student Education Grant Program, located and chartered in
this state, is not for profit, and is accredited by the Commission on Colleges of the Southern
Association of Colleges and Schools; or is a Florida based charitable organization that complies with
scholarship program requirements.
117
There are currently two SFOs approved to administer the FES-
EO, the FES-UA, the FTC, the HOPE, and the Reading Scholarship Programs.
118
As a part of their duties of management and distribution of scholarships, current law authorizes a SFO
to use from tax credit contributions received up to 2.5 percent (FES) and 3 percent (FTC) of the total
amount of scholarships funded by the organization for administrative expenses.
119
Effect of Proposed Changes
DOE Oversight
The bill requires the DOE to include coordination with and the reporting by SFOs of personalized
education student assessment data in the grant award issued to a state university for the compiling and
analysis of scholarship recipient assessment data. The bill expands the required report under this grant
to cover all private schools at which a scholarship student attended rather than only those schools
where 51 percent or more of the students received scholarships. Additionally, the bill requires the report
to include performance on an individual school basis for both FTC and FES-EO scholarships.
Beginning with the 2027-2028 school year report, and annually thereafter, the report must include
assessment data from personalized education students on a statewide basis reported by SFOs.
113
Section 1002.395(9)(f), F.S.
114
Section 1002.395(9)(f)1., F.S.
115
Florida Department of Education, Scholarship Funding Organizations, https://www.fldoe.org/schools/school-choice/k-12-
scholarship-programs/sfo/ (last visited March 8, 2023).
116
Section 1002.395(15), F.S.
117
Section 1002.395(1)(f), F.S.
118
Florida Department of Education, Scholarship Funding Organizations, https://www.fldoe.org/schools/school-choice/k-12-
scholarship-programs/sfo/ (last visited March 8, 2023). Specifically, the A.A.A. Scholarship Foundation administers FTC, FES-EO,
and FES-UA scholarships while Step Up for Students administers FTC, FES-EO, FES-UA, HOPE, and Reading Scholarship Program
scholarships. See A.A.A. Scholarship Foundation, Florida Parents, https://www.aaascholarships.org/parents/florida/ (last visited Jan.
15, 2023) and Step Up For Students, Scholarships to Give Florida Students Educational Options,
https://www.stepupforstudents.org/scholarships/ (last visited Jan. 15, 2023).
119
Sections 1003.394(11)(a)4. and 1003.395(6)(j)1., F.S. For SFOs offering FTC scholarships, the organization may use eligible
contributions for administrative expenses only if they have had no findings of material weakness or material noncompliance in its
annual financial audit for the preceding 3 fiscal years. Section 1003.395(6)(j)1., F.S. STORAGE NAME: h0001e.EQS PAGE: 21
DATE: 3/13/2023
The bill also requires that the DOE report as part of the determination of full-time equivalent
membership, all students who are receiving a FES scholarship program and funded in the FEFP. The
DOE must inform SFOs that students may not be submitted for FES funding after February 1, each
year.
The bill requires the DOE to annually publish its list of nationally norm-referenced tests identified for
purposes of satisfying scholarship program assessment requirements.
To assist school districts in their budgeting processes, the bill requires the DOE to report to school
districts the consensus estimate of FTC and FES-EO enrollment in the subsequent school year.
The bill requires that the DOE have at least two application periods for charitable organizations to apply
to be SFOs in Florida.
SFO Administration
To provide guidance to scholarship recipients on allowable expenditures under Florida’s scholarship
programs, the bill requires SFOs to participate in a joint development of agreed-upon purchasing
guidelines. The jointly developed purchasing guidelines must be provided to the Commissioner of
Education and published to the SFO’s website by December 31, 2023, and annually thereafter. The
guidelines remain in effect until there is unanimous agreement to revise the guidelines and the
revisions must be provided to the commissioner and published within 30 days of any such revisions.
The bill authorizes a SFO that administers the FES-EO or FES-UA scholarship to use up to 3 percent
of the total funded scholarships for administrative expenses if the SFO expended 75 percent of tax
credit revenue on FTC scholarships the prior fiscal year.
The bill authorizes an out-of-state nonprofit organization that administers a scholarship program in
another state to use financial audits from the other state program as a basis for satisfying statutory
requirements for administrative expenses. An organization would, therefore, be authorized to use
contributions for administrative costs, if it can demonstrate 3 years of clear financial audits while
administering another state’s scholarship program. The audits must be for the preceding three fiscal
years and be free of material misstatements and going concern issues.
The bill requires SFOs to notify parents that participation in the FTC or FES-EO scholarship programs
does not guarantee enrollment at any particular private school. Additionally, the bill requires a SFO to
commit funds on behalf of the student for tuition and fees for which the parent is responsible at the
private school before using the funds for other authorized services.
Part-time Enrollment in Public Schools
Present Situation
At least 12 states expressly permit students to enroll in public school part-time.
120
These states vary
greatly in the scope of the authorization for part-time enrollment, specifically, six permit both home
school students and private school students to enroll part-time in public schools while three permit only
home school students and three permit only private school students to enroll part-time.
121
Additionally in
the funding provided to school districts when a student enrolls part-time varies between these states
with some providing funding based on instructional time while others provide only a flat rate for part-
time students.
122
120
ExcelinEd, Part-time Enrollment Policy Analysis June 2021, at 1, available at https://excelined.org/wp-
content/uploads/2021/06/ExcelinEd_PolicyAnalysis_PartTimeEnrollment_June2021.pdf.
121
Id. at 3.
122
Id. STORAGE NAME: h0001e.EQS PAGE: 22
DATE: 3/13/2023
Florida law does not expressly authorize or prohibit part-time enrollment in public schools. However, for
the purpose of funding Florida’s school districts, the FEFP does provide a definition of a “part-time
student” and authorizes a district to receive funding for the student proportional to the amount of
instructional hours provided by the school divided by the minimum term.
123
Effect of Proposed Changes
The bill expressly authorizes any public school in the state, including charter schools, to enroll a
student on a part-time basis, subject to space and availability. Students that attend public school part-
time generate FTE student membership consistent with the definition of “part-time student” currently in
law. However, a student that receives a scholarship and attends public school on a part-time basis
through contracted services provided by the public school or school district may not be reported for
funding. The bill clarifies that students enrolled in public school part-time are not considered to be in
regular attendance at a public school.
Cost Per Student Station
Present Situation
The practice of using a student station to determine the cost of construction was first adopted by the
Legislature in 1997.
124
Prior to 1997, costs were limited by square foot rather than by student station.
Construction of new educational facilities was capped at a cost per square foot that could not exceed
the most recent five-year statewide average square foot total cost, adjusted for inflation and the most
recent Marshall and Swift Construction Cost Index of Florida.
125
Starting in 1997, the baseline student
station costs were used to report school construction costs.
In 2005, DOE conducted a study on overall inflation of school construction costs, including the
Consumer Price Index (CPI) and other factors. The study included a survey of four counties with
increasing student enrollment in the state from 1997 through 2005 (Brevard, Hillsborough, Orange, and
Sarasota), all of which reported increased school construction costs ranging from 23 to 32 percent.
Because the CPI increased by 13 percent over this same time period, this index alone did not capture
the full increases in construction costs.
126
The cost per student station levels adopted in 2006 were
based on the DOE’s 2005 study recommendations.
127
The statutory cost per student station is annually adjusted to reflect increases or decreases in the
CPI.
128
The law does not specifically assign this adjustment function; however, the DOE and the Office
of Economic and Demographic Research (EDR) work together to calculate and disseminate the new
statutory caps.
129
The dollar amount is structured as a ceiling or maximum, and its usage is required
for the new construction of educational plant space funded from specified funding sources.
Cost per student station includes contract costs, fees of architects and engineers, and the cost of
furniture and equipment.
130
Contract costs include costs for construction within five feet of the building,
including materials and supplies, as well as any furniture or equipment permanently attached to the
building.
131
123
Section 1011.61, F.S. The minimum term is 180 actual teaching days or the equivalent on an hourly basis as set forth in rules of the
State Board of Education (SBE). A school district may alter the minimum term only as authorized in SBE rule. Section 1011.60(2),
F.S.
124
Florida Department of Education (FLDOE), Review and Adjustment for Florida’s Cost per Student Station (January 1, 2020),
available at http://www.fldoe.org/core/fileparse.php/7738/urlt/2020AnnCSSR.pdf (last visited February 14, 2023).
125
Section 235.216, F.S., (1996). Marshall and Swift was an appraisal guide that provided replacement costs and insurable values,
while also providing an index of future values.
126
FLDOE, supra note 1.
127
Section 1013.64(6)(b)1., F.S.
128
Id.
129
FLDOE, supra note 1.
130
Section 1013.64(6)(d), F.S.
131
FLDOE, supra note 1. STORAGE NAME: h0001e.EQS PAGE: 23
DATE: 3/13/2023
The table below summarizes the July 2022 forecast by EDR for the July 2023 cost per student station
caps:
132
Type of School Cost Per Student Station
Elementary School $27,212
Middle School $29,385
High School $38,169
District school boards are prohibited from using funds from specified sources, including the nonvoted
1.5 mill levy of ad valorem property taxes, for any new construction of education plant space with a total
cost per student station that exceeds the caps in the table above.
133
An exception is provided for a
contract for architectural and design services or for construction management services executed before
July 1, 2017.
134
Effects of Proposed Changes
The bill provides that an unfinished construction project for new construction of educational plant space
that was started on or before July 1, 2026, is exempt from the total cost per student station
requirements.
Transportation of Students
Present Situation
District school boards, after considering recommendations of the district school superintendent, must
provide transportation for each student in prekindergarten disability programs and in K-12 public
schools when transportation is necessary to provide adequate educational facilities and opportunities
which otherwise would not be available.
School districts must also transport students whose homes are
more than a reasonable walking distance from the nearest appropriate school.
135
Federal law, Florida law, rules of the State Board of Education (SBE), and rules of the district school
board specify the responsibilities and requirements of district school superintendents and district school
boards in regards to the transportation of students to and from school and school activities.
136
In 2020-2021, school districts transported 508,293 students, or 18 percent of the total enrollment in
traditional public schools.
137
Safety and Health of Students Being Transported
School districts are responsible for the safety and health of students being transported that must be
observed by district school boards in routing buses, appointing drivers, and providing operating
equipment, in accordance with law and SBE rules.
138
There are four vehicle categories that indicate the type of vehicle used to transport a student. These
include:
School buses meeting Florida School Bus Specifications.
132
Office of Economic and Demographic Research, Student Station Cost Factors (July 2022), available at
http://edr.state.fl.us/Content/conferences/peco/studentstation.pdf
133
Section 1013.64(6)(b)1., F.S.
134
Section 1013.64(6)(b)3., F.S.
135
Section 1006.21(3), F.S.
136
See Sections 1006.21, 1006.22, 1006.23, 1006.24, 1006.25, 1006.261, and 1006.27, F.S.
137
Florida Department of Education, Florida School District 202-21 Transportation Profiles,
https://www.fldoe.org/core/fileparse.php/7585/urlt/schtrandist2021.pdf
138
Section 1006.22, F.S. STORAGE NAME: h0001e.EQS PAGE: 24
DATE: 3/13/2023
Passenger car or allowable multipurpose passenger vehicle owned, operated, or contracted by
the school board or charter school, transporting fewer than 10 students.
Privately owned motor vehicle or boat (for certain students with disabilities or isolated students).
General-purpose transportation (city buses, trains, etc.).
139
District school boards must use school buses for all regular transportation, including to and from school
or school-related activities.
140
All public school buses owned, operated, rented, leased and contracted
for by any public school board or charter school, used to transport children to and from school or
school-related events must meet certain requirements.
141
In 2020-2021, 12,551 school buses were in
daily service, traveling over 204 million total miles.
142
District school boards may use motor vehicles other than school buses only when the transportation is:
For physically handicapped or isolated students and the district school board has elected to
provide for the transportation of the student;
A part of a comprehensive contract for a specialized educational program;
Provided through a public transit system;
For trips to and from school sites or agricultural education sites but not the customary
transportation between the student’s residence and such sites; or
For trips to and from school sites but is not for customary transportation between a student’s
residence and such sites.
143
Transportation provided in a vehicle other than a school bus owned, operated, or contracted by the
school board or charter school must meet statutory and federal requirements related to the size of the
vehicle, and must meet requirements regarding licensed adult drivers and board procedures for
liability.
144
Federal regulations do not prohibit the use of vans by schools, but require any van, with a
capacity of more than 10, sold or leased for use as a school bus, to meet the safety standards
applicable to school buses.
145
District school boards may authorize the transportation of students in privately owned motor vehicles on
a case-by-case basis only in the case of illness
or for isolated events as long as each student’s parent
is notified in writing and gives written consent before a student is transported in a privately owned
motor vehicle.
146
The district school superintendent must notify the district school board or any school bus or other
vehicle used to transport students that does not meet all the requirements of law and the rules of the
SBE.
147
If the school bus is in an unsafe condition, the district school board must withdraw it from use
until it meets specified requirements to be deemed safe for operation.
148
The DOE may inspect any
school bus to determine whether the bus meets the requirement of law and rules of the SBE.
149
In an emergency situation, as defined by district school board policy, a school district may temporarily
require transporting students in excess of the rated seat capacity adhering to certain conditions. Each
139
DOE Bureau of PK-20 Education Data Warehouse and Office of Funding and Financial Reporting, Full-time Equivalent (FTE)
General Instructions 2020-21, at 72, available at, https://www.fldoe.org/core/fileparse.php/7507/urlt/2021FTEGeneralInstruct.pdf.
140
Section 1006.22(1), F.S.
141
Florida Department of Education, Florida School Bus Specifications (January 2020), available at,
https://www.fldoe.org/core/fileparse.php/7585/urlt/2020FLSchoolBusSpec.pdf.
142
https://www.fldoe.org/core/fileparse.php/7585/urlt/schtrandist2021.pdf
143
Section 1006.22(1)(a), F.S.
144
Section 1006.22, F.S.
145
49 U.S.C. s. 30101 and National Highway Traffic Safety Administration, Use of Nonconforming Vehicles for School
Transportation, https://one.nhtsa.gov/people/injury/buses/pub/noncom.hmp.html (last visited March 8, 2023).
146
Section 1006.22(2), F.S.
147
Section 1006.22(11), F.S.
148
Id.
149
Id. STORAGE NAME: h0001e.EQS PAGE: 25
DATE: 3/13/2023
district school board is responsible for prompt relief of the emergency condition by providing additional
specified actions maintained in district school board policies.
150
School Buses
The DOE must assist district school boards in securing school buses, contractual needs, equipment,
and supplies at as reasonable prices as possible by providing a ply under which district school boards
may pool their bids for such purchases.
151
The SBE is authorized to adopt rules regarding school bus safety standards, standards for leased
vehicles, and passenger protection systems.
Transportation Costs and Expenditures
In the 2020-2021 fiscal year, Florida provided $449.9M to transport students, however total
transportation expenditures reported by school districts exceeded $964M. In addition, in that year
school districts spent over $108 million on school bus purchases.
152
Florida has allocated $515M in funds to provide transportation to students in the 2022-2023 fiscal
year.
153
School districts are also responsible for transportation costs for students participating in:
The Opportunity Scholarship Program when parents choose to enroll their student in a higher-
performing public school in the school district.
154
The FES-UA program when parents choose another public school in the school district.
155
In an effort to improve access to reliable and safe transportation for students participating in public
education school choices and to support innovative solutions that increase the efficiency of public
school transportation, the Driving Choice Grant Program was passed during the 2022 legislative
session. The DOE must publish on its website, by December 31, 2023, an interim report and by
December 31, 2024, a final report that includes best practices used by grant recipients to increase
transportation options for students and the number of students served by grant recipients.
156
Effect of Proposed Changes
The bill provides additional flexibility to district school boards in the transportation of student by
removing the blanket requirement that all regular transportation occur on school buses and authorizing
the use of other vehicles.
The bill removes the circumstances by which students may be transported in privately owned vehicles,
allowing broader authority to district school board to use such transportation. However, the district
school board must still authorize such transport on a case-by-case basis and with the authorization of
each student’s parent.
The bill requires district school superintendents to notify the district school board of any other vehicle
used to transport students that does not meet all statutory requirements.
150
Section 1006.22, F.S.
151
Section 1006.27(1), F.S.
152
Florida Department of Education, Florida School District 2020-21 Transportation Profiles, March 2022, available at
https://www.fldoe.org/core/fileparse.php/7585/urlt/schtrandist2021.pdf at 4.
153
Florida Department of Education, Florida Education Finance Program Third Calculation, 2022-2023, January 2023, available at
https://www.fldoe.org/core/fileparse.php/7507/urlt/2223FEFPThirdCalc.pdf
154
Section 1002.38, F.S.
155
Section 1002.394(7)(c)3., F.S.
156
Section 1006.27(3), F.S. STORAGE NAME: h0001e.EQS PAGE: 26
DATE: 3/13/2023
The bill adds to the requirement that the SBE assist school districts in securing school buses through
pooling bids, to include other vehicles used for transporting students.
The bill maintains SBE authority to adopt rules relating to transportation of students necessary to
protect student health and safety.
Deregulation of Public Schools
Present Situation
Florida has provided opportunities for public schools to have similar flexibility and accountability
requirements as charter schools in the past by establishing various pilot programs and school initiatives
with the purpose of improving student achievement and relieving school districts of burdensome
regulations.
157
However, the last time the early learning through 20 education code was revised was in
2001.
158
Effect of Proposed Changes
In an effort to provide more flexibility, efficiency, and reduce unnecessary regulation for public schools,
the bill requires the SBE, no later than November 1, 2023, to develop and recommend to the Governor
and Legislature for adoption during the 2024 legislative session repeals and revisions to the Florida
Early Learning-20 Education Code, chapters 1000-1013, Florida Statutes.
As part of this review the DEO must review the entirety of the Florida Early Learning-20 Education
Code for potential repeals and revisions. The state board must make recommendations addressing
repeals and revisions to the statutes governing the transportation of students. The SBE must consider
input from teachers, superintendents, administrators, school boards, public and private postsecondary
institutions, home educators, and other entities identified by the SBE in undertaking this effort.
District School Tax
Present Situation
In order to receive funds under the Florida Education Finance Program for the operation of schools, a
district school board must levy the millage
159
set for its required local effort from property taxes.
160
A
school district’s millage rate may not exceed the amount certified by the Commissioner of Education as
the minimum millage rate necessary to provide the district required local effort for the current year.
161
In addition to the required local effort, each school district may levy a discretionary nonvoted current
operating millage.
162
The Legislature proscribes annually in the General Appropriations Act (GAA) the
maximum amount of millage a district may levy. For the 2022-2023 Fiscal Year (FY), the Legislature set
a maximum levy of 0.748 mills.
163
157
Section 228.058, F.S., Section 228.0565 (2001) and Section 1002.451, F.S for examples.
158
Section 4, ch. 2001-170, L.O.F. See also, Florida School Laws 2001 Edition, LexisNexis (2001) and Florida School Laws 2022
Edition, LexisNexis (2022). Education code chapters increased from 636 pages in 2001 to 944 pages in 2022
159
Section 200.001(3)(a)-(e), F.S. School millage is composed of five categories: nonvoted required school operating millage,
nonvoted discretionary school operating millage, voted district school operating millage, nonvoted district school capital improvement
millage, and voted district school debt service millage.
160
Section 1011.71(1), F.S.
161
Id. The state average millage was set at 3.262; for the 67 school districts, the certified required millage varied from 3.355 mills
(Miami Dade County) to 1.249 mills (Monroe County). see Florida Department of Education, 2022-23 Funding for Florida School
Districts, at 7, available at https://www.fldoe.org/core/fileparse.php/7507/urlt/Fefpdist.pdf.
162
Section 1011.71(1), F.S.
163
Specific Appropriation 86, s. 2, ch. 2022-156, L.O.F. STORAGE NAME: h0001e.EQS PAGE: 27
DATE: 3/13/2023
In addition to the maximum discretionary levy of nonvoted current operating millage, a school board
may also levy no more than 1.5 mills for charter schools and for district schools to fund:
164
New construction, remodeling projects, sites and site improvement or expansion to new sites,
existing sites, auxiliary facilities, athletic facilities, or ancillary facilities.
Maintenance, renovation, and repair of existing school plants or of leased facilities to correct
deficiencies.
The purchase, lease-purchase, or lease of school buses.
The purchase, lease-purchase, or lease of new and replacement equipment, including computer
and devise hardware and enterprise resource software.
Lease and lease-purchase agreements for educational facilities.
Costs related to compliance with state and federal environmental requirements.
Costs of opening day collection for the library media center of a new school.
Costs of school buses when a school district contracts with a private entity to provide
transportation services.
Specified loans.
Effect of Proposed Changes
The bill adds payment of salaries and benefits for employees whose job duties support activities funded
by the district school tax as an authorized use for district school tax funds.
Educator Certification
Present Situation
Educational personnel in public schools must possess appropriate skills in reading, writing, and
mathematics; adequate pedagogical knowledge; and relevant subject matter competence so as to
demonstrate an acceptable level of professional performance.
165
The SBE designates the certification subject areas, establishes competencies, and adopts rules in
accordance with which education certificates are issued by the DOE to qualified applicants.
166
General Eligibility
In order to seek educator certification, a person must attest to uphold the principles of the United States
(U.S.) and meet other general eligibility requirements, which include receipt of a bachelor’s or higher
degree from an approved postsecondary institution and minimum age, background screening, moral
character, and competence requirements.
167
Professional Educator Certificate
A professional teaching certificate is valid for five school fiscal years and is renewable. A professional
certificate is awarded to an applicant who meets the basic eligibility requirements for certification and
demonstrates mastery of:
General knowledge, only if serving as a classroom teacher;
Subject area knowledge; and
Professional preparation and education competence.
168
Acceptable means of demonstrating mastery of general knowledge are specified in law and include
passing one of several different examinations identified by the SBE, having a valid teaching certificate
from another state, having a valid certificate from the National Board for Professional Teaching
164
Section 1011.71(2)(a)-(i), F.S.
165
Section 1012.54, F.S.
166
Section 1012.55(1), F.S.
167
Section 1012.56(2), F.S.
168
Section 1012.56(7)(a), F.S. STORAGE NAME: h0001e.EQS PAGE: 28
DATE: 3/13/2023
Standards (NBPTS), teaching a minimum of two semesters in either full-time or part-time status at a
state college or university or at the private college level, or having a master’s or higher degree from an
accredited postsecondary education institution.
169
The acceptable means of demonstrating mastery of subject area knowledge are specified in law and
include passing a subject area or other alternative examination as approved by the SBE, having a valid
teaching certificate from another state, having a valid certificate from the NBPTS, or a passing score or
program completion of a specified defense language proficiency test or program.
170
A school district
that employs an individual who does not achieve a passing score on any subtest of the general
knowledge exam must provide information regarding the availability of state-level and district-level
supports to assist him or her in achieving a passing score.
171
A candidate for a professional certificate may demonstrate professional preparation and education
competence through the completion of a teacher preparation program and a passing score on the
corresponding professional education competency exam required by the SBE.
172
Other means include:
Documentation of a valid professional standard teaching certificate issued by another state, the
NBPTS, or a national educator credentialing board approved by the SBE.
Passing the professional education competency examination and documentation of two
semesters of successful, full-time or part-time teaching in a state college or university or a
private college or university approved by the DOE.
Successful completion of professional preparation courses, successful completion of a
professional preparation and education competence program, and achievement of a passing
score on the professional education competency examination;
Successful completion of a professional development certification and education competency
program.
Successful completion of a competency-based certification program and achievement of a
passing score on the professional education competency examination.
Temporary Educator Certificate
A temporary teaching certificate is valid for three school years and is nonrenewable. The DOE is
required by law to issue a temporary certificate to any applicant who:
Completes applicable subject area content requirements or demonstrates mastery of subject
area knowledge by, for example, successful completion of an approved exam; and
Holds an accredited degree or a degree approved by the DOE at the level required for the
subject area specialization in state board rule.
173
A classroom teacher under a temporary certificate has the validity period of the certificate to complete
the remaining requirements of general knowledge and professional preparation and education
competence in preparation for application for a professional certificate.
174
Effect of Proposed Changes
The bill provides a waiver of the mastery of general knowledge requirement for an individual who has
been provided 3 years of supports and instruction by the school district and who has been rated
effective or highly effective for each of the last 3 years.
The bill allows for an individual to demonstrate mastery of subject area knowledge, for subjects only
requiring a baccalaureate degree for which a Florida subject area examination has been developed,
169
Section 1012.56(3), F.S.
170
Section 1012.56, F.S.
171
Section 1012.56(3), F.S. (flush-left provision at the end of the subsection)
172
Florida Department of Education, Competencies and Skills Required for Teacher Certification in Florida (Oct. 1, 2020),
incorporated by reference in rule 6A-4.0021, F.A.C., available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10344.
173
Section 1012.56(7)(b), F.S.
174
Section 1012.56(7), F.S. (flush-left provision at the end of the subsection) STORAGE NAME: h0001e.EQS PAGE: 29
DATE: 3/13/2023
through documentation of receipt of a master’s or higher degree from an accredited postsecondary
educational institution that the DOE has identified as having a quality program resulting in a
baccalaureate degree or higher in the certificate subject area as identified by the SBE. The bill clarifies
that demonstrating mastery of subject area knowledge for a subject requiring a master’s or higher
degree is achieved by passing a subject area exam or a standardized exam that is directly related to
the subject.
The bill permits an individual to demonstrate mastery of professional preparation and education
competence by documentation of 3 years of being rated effective or highly effective and successful
completion of professional preparations courses or a professional preparation and education
competence program.
The bill extends the duration of a nonrenewable temporary certificate from 3 to 5 years.
Requirements for a Standard High School Diploma
Present Situation
Florida law requires the adoption of standards for core curricula content taught in public schools and
specifies the requirements that students must meet to earn a standard high school diploma.
175
In order to receive a standard high school diploma, a student must successfully complete 24 credits in
core-curricula and extracurricular courses with a 2.0 or higher cumulative grade point average
176
with
limited exceptions.
177
The 24 required credits must be completed in the following subject areas:
Four credits in English Language Arts (ELA) I, II, III, and IV.
Four credits in mathematics, including one in Algebra I and one in Geometry.
Three credits in science, two of which must have a laboratory component and one of which
must include Biology I.
Three credits in social studies including one credit in United States History, one credit in World
History, one-half credit in economics, and one-half credit in United States Government.
One credit in fine or performing arts, speech and debate, or practical arts.
One credit in physical education which includes the integration of health.
One-half credit in personal financial literacy for students entering grade 9 in the 2022-2023
school year.
Eight credits in electives for students entering grade 9 prior to the 2022-2023 and 7.5 credits in
electives for students entering grade 9 in the 2022-2023 school year.
In addition, within the 24 credits, at least one course must be completed through online learning.
178
Florida’s online course requirement was established as part of the Digital Learning Now Act
179
passed
by the legislature in 2011; however, additional options have been added to satisfy the requirement.
Currently, a student may:
Complete an online or blended learning course in grades 6-12 that is within the 24 credits
required for graduation.
Complete a course in which the student earns a nationally recognized industry certification in
information technology identified on the CAPE Industry Certification Funding List.
Pass an industry certification exam in information technology without enrolling or completing the
corresponding course.
180
175
Sections 1003.41 and 1003.4282(3), F.S.
176
Section 1003.4282, F.S.
177
Section 1002.3105, F.S. A student may graduate with a minimum of 18 credit hours through the Academically Challenging
Curriculum to Enhance Learning option if the student meets core course credit, assessment, and GPA requirements and completes
three electives.
178
Section 1003.4282, F.S.
179
Section 1, ch. 2011-137 L.O.F.
180
Section 1003.4282(4), F.S. STORAGE NAME: h0001e.EQS PAGE: 30
DATE: 3/13/2023
In addition, a student who has an individual education plan which indicates than an online or blended
learning course would be inappropriate is exempt from the requirement as well as an out-of-state
transfer student enrolled in a Florida high school and has one academic year or less remaining in high
school.
A school district must report to the DOE when a student takes an online course and indicate if the
student took the course under conditions that meet the online course graduation requirement.
181
Effect of Proposed Changes
The bill removes the requirement for at least one course within the 24 credits required for a standard
high school diploma to be completed through online learning.
Maintenance and Transfer of School Records
Present Situation
Each principal is responsible for maintaining a permanent cumulative record for each student enrolled
in a public K-12 school. The required form and content of the cumulative records is established in State
Board of Education rule. The cumulative record is confidential and exempt from Florida’s public records
laws and is open to inspection only as provided law.
182
The procedure for transferring and maintaining records of students who transfer from school to school
shall be proscribed by rules of the SBE. The transfer of records shall occur within 3 school days. The
records shall include:
Verified reports of serious or recurrent behavior patterns, including threat assessment
evaluations and intervention services.
Psychological evaluations, including therapeutic treatment plans and therapy or progress notes
created or maintained by school district or charter school staff, as appropriate.
183
Effect of Proposed Changes
To lessen the administrative burden on school districts while also ensuring the records are transferred
in a timely manner, the bill requires that the transfer of records must occur within 5 school days.
B. SECTION DIRECTORY:
Section 1: Amends s. 11.45, F.S.; conforming a cross-reference.
Section 2: Amends s. 212.099, F.S.; conforming a cross-reference.
Section 3: Amends s. 327.371, F.S.; conforming cross-references.
Section 4: Amends s. 1002.01, F.S.; defining the term "personalized education program."
Section 5: Amends s. 1002.394, F.S.; providing and revising definitions; revising student eligibility
and ineligibility requirements for the Family Empowerment Scholarship Program;
revising the approved uses of scholarship funds; providing that certain scholarships
remain in force until certain criteria are met; requiring the closure of a scholarship
account and the reversion of funds to the state under certain circumstances; authorizing
reimbursements for certain expenditures until certain criteria are met; revising
obligations of school districts, the Department of Education, private schools, and eligible
181
Florida Department of Education, DOE Information Database Requirements Volume I, 2022.2023, available at
https://www.fldoe.org/core/fileparse.php/20077/urlt/2223-197235.pdf.
182
Section 1003.25(1), F.S.; see rule 6A-1.0955, F.A.C.
183
Section 1003.25(2) F.S.; see rule 6A-1.0955, F.A.C. STORAGE NAME: h0001e.EQS PAGE: 31
DATE: 3/13/2023
nonprofit scholarship-funding organizations; revising responsibilities of parents; requiring
scholarship funds to be deposited by funds transfers rather than through warrant
endorsement; requiring certain criteria to be met before the funding of certain
scholarships; revising provisions for the calculation of an award amount for certain
students; prohibiting the transfer of funds to an eligible student's account under certain
conditions; deleting obsolete language; conforming provisions and cross-references to
changes made by the act.
Section 6: Amends s. 1002.395, F.S.; providing and revising definitions; revising student eligibility
and ineligibility requirements for the Florida Tax Credit Scholarship Program; revising
obligations of eligible nonprofit scholarship-funding organizations and the department;
establishing certain limitations on the number of scholarships funded through the
program; revising the approved uses of scholarship funds; revising requirements for the
use of certain contributions for administrative expenses; revising the amount of funds
that must be awarded through scholarships; requiring the development of specified
guidelines; authorizing organizations to require the use of an online platform for specified
purchases so long as such use does not limit specified choices; requiring an
organization to provide reimbursement in specified circumstances; requiring
organizations to submit specified quarterly reports; revising responsibilities of parents;
requiring scholarship funds to be deposited by funds transfers rather than through
warrant endorsement; requiring the department to annually publish a list of specified
tests; revising the requirements of a specified annual report; requiring the department to
notify school districts of specified estimates; prohibiting the transfer of funds to an
eligible student's account under certain conditions; providing that certain scholarships
remain in force until certain criteria are met; authorizing reimbursements for certain
expenditures until certain criteria are met; requiring the closure of a scholarship account
and the reversion of funds to the state under certain circumstances; requiring the Office
of Independent Education and Parental Choice to provide a specified number of
application periods for specified purposes; deleting obsolete language; conforming
provisions and cross-references to changes made by the act.
Section 7: Amends s. 1002.40, F.S.; conforming cross-references.
Section 8: Amends s. 1002.421, F.S.; revising the eligibility criteria and obligations of private
schools participating in certain educational scholarship programs; revising the criteria for
the Commissioner of Education to permanently deny or revoke the authority of certain
individuals to establish or operate a private school in the state; authorizing the
commissioner to include specified individuals on a specified disqualification list;
authorizing such individuals to be removed from such list if they provide specified
reimbursements; conforming cross-references.
Section 9: Creates s. 1002.44, F.S.; authorizing public schools, including charter schools, to enroll
certain students on a part-time basis; providing funding for such students; providing that
such students are not considered to be in regular attendance at such schools.
Section 10: Amends s. 1003.01, F.S.; conforming a cross-reference.
Section 11: Requires the State Board of Education to develop and recommend to the Governor and
the Legislature for adoption during the 2024 legislative session repeals and revisions to
the Florida Early Learning-20 Education Code by a specified date; providing
requirements for the state board relating to such recommendations.
Section 12: Amends s. 1001.10, F.S.; requiring the Commissioner of Education to develop an online
portal for specified purpose; providing requirements for such portal.
Section 13: Amends s. 1002.20, F.S.; conforming a cross-reference.
STORAGE NAME: h0001e.EQS PAGE: 32
DATE: 3/13/2023
Section 14: Amends s. 1003.25, F.S.; revising the timeframe in which student records must be
transferred.
Section 15: Amends s. 1003.4282, F.S.; deleting the online course requirement for a standard high
school diploma.
Section 16: Amends s. 1006.21, F.S.; authorizing a district school board to use other vehicles to
transport students.
Section 17: Amends s. 1006.22, F.S.; deleting a requirement that district school boards use school
buses for all regular transportation; deleting provisions relating to circumstances in which
students may be transported in privately owned motor vehicles; conforming a provision
to changes made by the act.
Section 18: Amends s. 1006.25, F.S.; conforming a cross-reference and provisions to changes made
by the act.
Section 19: Amends s. 1006.27, F.S.; conforming a cross-reference and provisions to changes made
by the act.
Section 20: Amends s. 1011.71, F.S.; authorizing a specified district school board levy to be used to
pay salaries and benefits for specified employees.
Section 21: Amends s. 1012.56, F.S.; exempting specified individuals from certain mastery of
general knowledge requirements; revising the acceptable means of demonstrating
mastery of subject area knowledge and mastery of professional preparation and
education competence, respectively; revising requirements for the department to issue
temporary certificates; revising the validity period for certain temporary certificates.
Section 22: Amends s. 1013.64, F.S.; providing that certain construction projects are exempt from
the total cost per student station requirements.
Section 23: Amends s. 1002.321, F.S.; conforming cross-references and provisions to changes
made by the act.
Section 24: Amends s. 1003.5716, F.S.; conforming cross-references and provisions to changes
made by the act.
Section 25: Amends s. 1003.499, F.S.; conforming cross-references and provisions to changes
made by the act.
Section 26: Amends s. 1003.27, F.S.; conforming cross-references and provisions to changes made
by the act.
Section 27: Amends s. 1003.485, F.S.; conforming cross-references and provisions to changes
made by the act.
Section 28: Amends s. 1009.30, F.S.; conforming cross-references and provisions to changes made
by the act.
Section 29: Providing effective dates.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
STORAGE NAME: h0001e.EQS PAGE: 33
DATE: 3/13/2023
1. Revenues:
None.
2. Expenditures:
Two components of the bill have a fiscal impact: (1) expanding the eligibility of the FES-EO
scholarship program to include any student who is a resident of Florida and is eligible to enroll in
kindergarten through 12
th
grade, and (2) allowing the maximum number of students participating in
the FES-UA scholarship program to annually increase by 3 percent of the total eligible exceptional
student membership instead of 1 percent. The total fiscal impact of these two components is
shown in the below table:
Estimated Fiscal Impact of the CS/CS/CSCS/HB 1
Expanding FES-EO Eligibility $112.1 million
Increasing FES-UA Annual Percent Increase $97.5 million
Total Amount $209.6 million
A more detailed summary of the fiscal impact for each component is provided below:
Expanding the Eligibility of the FES-EO Scholarship Program
The fiscal impact of this component would be the estimated number of students currently enrolled at
a private school participating in either the FES or FTC scholarship programs (or both) but who are
not currently receiving a scholarship. NOTE: Any current public school student who may elect to
“choice” a scholarship due to the expanded eligibility is already funded in the Florida Education
Finance Program (FEFP); therefore, there would be no fiscal impact.
For private schools currently participating in either the FES or FTC scholarship programs, their total
Fiscal Year student enrollment was 302,491.
184
Applying the three-year average growth in private
school enrollments, the estimated number of students enrolled in these participating private schools
for Fiscal Year 2023-2024 is 327,653.
185
Based on historical renewal rates, this number is reduced
by 211,023 which represents the estimated number of FES and FTC scholarship students who will
renew their existing scholarships for Fiscal Year 2023-2024. Based on this reduction, the total
estimated number of private school students enrolled in participating private schools who would be
eligible for a new FES-EO scholarship in Fiscal Year 2023-2024 is 116,603.
Based on a 50 percent student participation rate, it is estimated that 58,315 private school students
would be awarded a new FES-EO scholarship in Fiscal Year 2023-2024. Since the eligibility
requirements for the FTC and FES-EO scholarships are the same, the bill requires that a
scholarship-funding organization fund FTC scholarships prior to funding the FES-EO scholarship.
As such, the fiscal for this component is detailed in the below table:
Fiscal Year 2023-2024
Estimated Eligible
Private School
Students without
Scholarship
50% Student
Participation
Rate
Number Funded
as FTC
Scholarships
Balance Funded
as FES-EO
Scholarships
Fiscal Impact
116,630 58,315 43,408 14,907 $112.1 million
Increasing the Annual Increase for FES-UA from 1 Percent to 3 Percent
The calculation of the annual increase is based upon the total eligible exceptional student education
full-time equivalent students funded in the FEFP; which at the current 1 percent is 4,814 students.
The fiscal impact of the increase to 3 percent is provided in the below table:
184
Data provided by the Department of Education.
185
The Department of Education collects private school enrollment data at the end of a school year; therefore, the most recent
available private school enrollment data is for Fiscal Year 2021-2022. STORAGE NAME: h0001e.EQS PAGE: 34
DATE: 3/13/2023
Fiscal Year 2023-2024
Current 1
percent Increase
3 Percent
Annual Increase
Difference Fiscal Impact
4,814 14,442 9,628 $97.5 million
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None
2. Expenditures:
None
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None
D. FISCAL COMMENTS:
The fiscal impact is based upon the changes made by the bill. On February 6, 2023, the Education
Estimating Conference adopted a new full-time equivalent (FTE) student forecast for Fiscal Year 2023-
2024 which includes a total of 3,034,172.60 FTE students. Included in this total number is 180,081.92
FES-EO scholarship FTE which will be included in the funding of the FEFP.
Section 12 of the bill, which requires the DOE to establish an online school choice portal, has an
indeterminate fiscal impact.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not provide any additional rulemaking authority, however, rules adopted under existing
authority will need to be amended to conform with the provisions of the bill.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHAN GES
On January 26, 2023, the Choice & Innovation Subcommittee adopted two amendments and reported the
bill favorably as a committee substitute. The amendments:
Require SFOs to notify parents that participation in the FTC or FES-EO scholarship programs does
not guarantee that a student will be enrolled at any particular private school.
Require the DOE to report to school districts the Education Estimating Conference’s annual
projections for FES-EO enrollment in the subsequent school year. STORAGE NAME: h0001e.EQS PAGE: 35
DATE: 3/13/2023
On February 23, 2023, the PreK-12 Appropriations Subcommittee adopted a proposed committee
substitute (PCS) and reported the bill favorably as a committee substitute. The PCS differed from HB 1 in
the following ways:
creates the “Personalized Education Program” (PEP) pathway for a parent to receive an
empowerment savings account under FTC while providing for the direct educational instruction of
their student and meeting school attendance requirements;
establishes requirements for SFOs and parents related to a PEP scholarship;
authorizes 20,000 PEP scholarships year 1, increasing by 40,00 each year until all families seeking
PEP scholarships are eligible in the 2027-2028 school year;
expands additional scholarship expenditures to include tuition and fees of an approved pre-
apprenticeship program, an approved eligible higher education institution which participates in
distance education via a reciprocity agreement, and any fees associated with the parent’s use of a
Choice Navigator;
provides qualifications for a Choice Navigator and makes consultation with a Choice Navigator by
scholarship participants optional;
requires a private school participating in FES-UA to discuss with the parent of an eligible student
with a disability before enrollment the school’s specialized services that may meet the student’s
needs;
directs SFO to fund scholarships under the FTC program (non-FEFP funds) prior to funding FES
scholarships;
authorizes an SFO to use any remaining tax credit revenue from the FTC or Hope scholarship
programs to fund any UA students on a waitlist;
authorizes an SFO which has funded 75% of eligible tax contributions under the FTC in the prior
year to set an administrative fee at 3% for FES;
authorizes an out-of-state SFO that administers scholarships in other states to meet the
requirement for administrative expenses if they can demonstrate 3 years of clear financial audits
while operating in other states;
updates publication requirements for SFO joint purchasing guidelines;
requires the use of scholarship funds for private school tuition and fees prior to other authorized
uses for full-time private school students under FTC and FES-EO;
requires SFOs to offer reimbursement as an option, but permits an SFO to require direct purchase
for goods and services when the SFO has secured a price that is at or below market rate;
requires DOE to annually notify school districts of the projected number of FTC and FES-EO
scholarship participants;
requires DOE to annually publish the list of norm-referenced tests a student can take for
scholarship compliance (FES-EO and FTC); and
removes home education students from FES-EO and FTC eligibility.
On March 8, 2023, the Education & Employment Committee adopted six amendments and reported the bill
favorably as a committee substitute. The amendments:
authorize the commissioner to place an owner, officer or director of a private school onto the
disqualification list if the owner, officer, or director closes a private school accepting scholarship
funds during the school year;
require a private school participating in scholarship programs to inform parents, on the school’s
website or in writing, regarding the impacts of parentally placing a student in private school on
special education services under the Individual with Disabilities Education Act;
require quarterly reporting, beginning September 30, 2023, from a SFO regarding net eligible
contribution and funds carried forward from the prior state fiscal year;
require unanimous agreement of the SFOs prior to any revisions to the jointly developed purchasing
guidelines;
require a SFO to award an amount equal to or greater than 75 percent of all estimated net eligible
tax contributions and all funds carried forward prior to awarding FES-EO scholarships;
clarify FTC scholarship prohibitions for program participation;
authorize a SFO to require the use of an online platform for direct purchases so long as the choices
of the parent are not limited; STORAGE NAME: h0001e.EQS PAGE: 36
DATE: 3/13/2023
require reimbursement to parents of the difference in price if the parent purchases an identical item
offered on a SFO online platform from another source for a lower price;
require that parents and SFOs commit scholarship funds for private school tuition and fees before
using scholarship funds for any other authorized service;
authorize a school district to use evaluations and plans of care developed by licensed professionals
when developing a matrix of services for FES-UA students;
clarify that contracted services provided to a scholarship participant are considered attendance at
public school on a part-time basis and as such may not be reported for funding by the school
district;
authorize use of FTC scholarship funds by personalized education program students on home
education instructional programs;
require the DOE to transfer scholarship funds to an SFO beginning August 1;
clarify requirements for preapprenticeship programs for which scholarship funds may be expended;
update requirements for and responsibilities of choice navigators;
remove provisions related to use of FTC fund for FES-UA waitlist students;
remove duplicative notification requirements on school districts related to statewide, standardized
assessments; and
add an additional scholarship priority group to both FTC and FES-EO for students with a household
income between 185 percent and 400 percent of the federal poverty level.
On March 10, 2023, the Education Quality Subcommittee adopted a Proposed Committee Substitute (PCS)
with two amendments and reported the bill favorably as a committee substitute. The PCS, as amended,
differed from CS/CS/CS/HB 1 in the following ways:
requires the DOE to develop an online portal related to educational choice options;
requires the DOE to evaluate the Early Learning-20 Education Code and make recommendations
related to potential repeal and revision of provisions to lessen regulatory burden on school districts;
provides an exemption to statutory limits on cost per student station in new school construction;
provides school districts additional flexibility related to the transportation of students;
authorizes additional uses for district school taxes;
provides educators additional methods of demonstrating masteries required for certification;
extends the duration of nonrenewable temporary certificates from 3 to 5 years;
removes the mandatory online course from the standard high school diploma requirements; and
provides additional time for school districts to transfer school records after a student transfers
between school districts.
The bill analysis is drafted to the committee substitute adopted by the Education Quality Subcommittee.