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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Early Child Care Universal 2
Voucher Program; creating s. 1002.396, F.S.; 3
establishing the Early Child Care Universal Voucher 4
Program; providing the purpose of the program; 5
defining terms; providing eligibility requirements for 6
the program; providing for certain students to be 7
placed on a wait list under certain circumstances; 8
providing authorized uses for program funds; providin g 9
requirements for terms of a scholarship; providing 10
ineligibility requirements; providing early learning 11
coalition, Department of Education, and program 12
provider obligations; providing program provider 13
eligibility criteria; providing parent and student 14
responsibilities for program participation; providing 15
requirements for the funding and payment of 16
scholarships; providing construction; requiring the 17
State Board of Education to adopt rules; providing an 18
effective date. 19
20
Be It Enacted by the Legislature of the State of Florida: 21
22
Section 1. Section 1002.396, Florida Statutes, is created 23
to read: 24
1002.396 The Early Child Care Universal Voucher Program. — 25
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(1) PURPOSE.—The Early Child Care Universal Voucher 26
Program is established to provide children of families in this 27
state which have limited financial resources with early 28
education options to achieve success in their education. 29
(2) DEFINITIONS.—As used in this section, the term: 30
(a) "Department" means the Department of Education. 31
(b) "Disability" means, for a student 6 years of age or 32
younger, autism spectrum disorder, as defined in the Diagnostic 33
and Statistical Manual of Mental Disorders, Fifth Edition, 34
published by the American Psychiatric Association; cerebral 35
palsy, as defined in s. 393.063; Down syndrome, as defined in s. 36
393.063; an intellectual disability, as defined in s. 393.063; a 37
speech impairment; a language impairment; an orthopedic 38
impairment; any other health impairment; an emotional or a 39
behavioral disability; a specific learning disability, 40
including, but not limited to, dyslexia, dyscalculia, or 41
developmental aphasia; Phelan -McDermid syndrome, as defined in 42
s. 393.063; Prader-Willi syndrome, as defined in s. 393.063; 43
spina bifida, as defined in s. 393.063; being a high -risk child, 44
as defined in s. 393.063(22)(a); muscular dystrophy; Williams 45
syndrome; rare diseases which affect patient populations of 46
fewer than 200,000 individuals in the United States, as defined 47
by the National Organization for Rare Disorders; anaphylaxis; a 48
hearing impairment, including deafness; a visual impairment, 49
including blindness; traumatic brain injury; being hospital or 50
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homebound; or identification as dual sensory impaired, as 51
defined by rules of the State Board of Education and evidenced 52
by reports from local school districts. The term "hospital or 53
homebound" includes a student who has a medically diagnosed 54
physical or psychiatric condition or illness, as defined by the 55
state board in rule, and who is confined to the home or hospital 56
for more than 6 mont hs. A disability under this paragraph must 57
be diagnosed by a physician who is licensed under chapter 458 or 58
chapter 459, a psychologist who is licensed under chapter 490, 59
or a physician who holds an active license issued by another 60
state or territory of th e United States, the District of 61
Columbia, or the Commonwealth of Puerto Rico. 62
(c) "Early learning coalition" has the same meaning as in 63
s. 1002.51(4). 64
(d) "Parent" means a resident of this state who is a 65
parent, as defined in s. 1000.21. 66
(e) "Program" means the Early Child Care Universal Voucher 67
Program. 68
(f) "Program provider" means a: 69
1. Provider eligible for the Voluntary Prekindergarten 70
Education Program or the school readiness program. 71
2. An informal provider, including a grandparent, an au nt, 72
an uncle, a sibling, or any other person, who provides care to 73
the student and meets the requirements established by the 74
department. 75
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(3) SCHOLARSHIP ELIGIBILITY. — 76
(a) A parent of a student may request and receive from the 77
state a scholarship for the purposes specified in paragraph 78
(4)(a) if the student is a resident of this state and is 6 years 79
of age or younger. A student who receives a Family Empowerment 80
Scholarship or a Florida Tax Credit Scholarship is ineligible 81
for an award under the program. 82
(b) A parent of a student with a disability may request 83
and receive from the state a scholarship for the purposes 84
specified in paragraph (4)(b) if the student has a disability, 85
is a resident of this state, and is 13 years of ag e or younger. 86
A student who receives a Family Empowerment Scholarship or a 87
Florida Tax Credit Scholarship is ineligible for an award under 88
the program. 89
(c) An approved student who does not receive a scholarship 90
must be placed on the wait list in the orde r in which the 91
student is approved. An eligible student who does not receive a 92
scholarship within the fiscal year must be retained on the wait 93
list for the subsequent fiscal year. 94
(4) AUTHORIZED USES OF PROGRAM FUNDS. — 95
(a) Program funds awarded to a st udent determined eligible 96
pursuant to paragraph (3)(a) may be used for: 97
1. Tuition and fees at a child care provider, a family 98
child care provider, or an informal provider. 99
2. Transportation to an approved form of care under 100
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subparagraph 1. 101
3. Instructional materials, including digital materials 102
and Internet resources. 103
4. Fees for state and national assessments. 104
5. Tuition and fees for part -time tutoring services or 105
fees for qualified early educators. For part -time tutoring 106
services, such services must be provided by a person who holds a 107
valid Florida educator's certificate pursuant to s. 1012.56, a 108
person who holds an adjunct teaching certificate pursuant to s. 109
1012.57, a person who has a bachelor's degree or a graduate 110
degree in the subject area in which instruction is given, a 111
person who has demonstrated a mastery of subject area knowledge 112
pursuant to s. 1012.56(5), or a person certified by a nationally 113
or internationally recognized research -based training program as 114
approved by the department. A s used in this subparagraph, the 115
term "part-time tutoring services" does not qualify as regular 116
school attendance as defined in s. 1003.01(16)(e). 117
6. Contributions to the Stanley G. Tate Florida Prepaid 118
College Program pursuant to s. 1009.98 or the Flori da College 119
Savings Program pursuant to s. 1009.981 for the benefit of the 120
eligible student. 121
(b) Program funds awarded to a student with a disability 122
determined eligible pursuant to paragraph (3)(b) may be used for 123
the following purposes based on the stud ent's matrix level of 124
services or an evaluation from a licensed physician: 125
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1. Instructional materials, including digital devices, 126
digital periphery devices, and assistive technology devices that 127
allow a student to access instruction or instructional cont ent. 128
2. Specialized services by approved providers or by a 129
hospital in this state which are selected by the parent. These 130
specialized services may include, but are not limited to: 131
a. Applied behavior analysis services as provided in ss. 132
627.6686 and 641.31098. 133
b. Services provided by speech -language pathologists as 134
defined in s. 468.1125(8). 135
c. Occupational therapy as defined in s. 468.203. 136
d. Physical therapy as defined in s. 486.021(8). 137
e. Services provided by listening and spoken language 138
specialists and an appropriate acoustical environment for a 139
student who has a hearing impairment, including deafness, and 140
who has received an implant or assistive hearing device. 141
3. Fees for specialized summer education programs. 142
4. Fees for specialized a fter-school education programs. 143
5. Fees for other approved therapeutic services provided 144
by qualified providers and consistent with student's treatment 145
plan, individualized education plan, individualized family 146
support plan, or 504 plan. 147
(5) TERM OF SCHOLARSHIP.—For purposes of continuity of 148
educational choice under the program: 149
(a)1. A scholarship awarded to an eligible student 150
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pursuant to paragraph (3)(a) shall remain in force until: 151
a. The early learning coalition determines that the 152
student is ineligible for program renewal; 153
b. The Commissioner of Education suspends or revokes 154
program participation or use of funds; 155
c. The student's parent forfeits participation in the 156
program for failure to comply with subsection (10); or 157
d. The student is eligible to attend kindergarten. 158
2.a. The student's scholarship account must be closed and 159
any remaining funds shall revert to the state after: 160
(I) Suspension or revocation of program participation or 161
use of funds by the commissioner for fraud or abuse, including, 162
but not limited to, the student or student's parent accepting 163
any payment, refund, or rebate, in any manner, from a provider 164
of any services received pursuant to paragraph (4)(a); 165
(II) Two consecutive fiscal years in which an account has 166
been inactive; or 167
(III) The student is eligible to attend kindergarten. 168
b. Reimbursements for program expenditures may continue 169
until the account balance is expended or remaining funds have 170
reverted to the state. 171
(b)1. A scholarship awarded to an eligible student 172
pursuant to paragraph (3)(b) shall remain in force until: 173
a. The parent does not renew program eligibility; 174
b. The early learning coalition determines that the 175
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student is ineligible for prog ram renewal; 176
c. The Commissioner of Education suspends or revokes 177
program participation or use of funds; 178
d. The student's parent forfeits participation in the 179
program for failure to comply with subsection (10); or 180
e. The student is eligible to enroll in kindergarten. 181
2. Reimbursements for program expenditures may continue 182
until the account balance is expended or the account is closed. 183
3. A student's scholarship account must be closed and any 184
remaining funds, including, but not limited to, contribu tions 185
made to the Stanley G. Tate Florida Prepaid College Program 186
using program funds or earnings from or contributions made to 187
the Florida College Savings Program using program funds, shall 188
revert to the state after: 189
a. Suspension or revocation of progr am participation or 190
use of funds by the commissioner for fraud or abuse, including, 191
but not limited to, the student or student's parent accepting 192
any payment, refund, or rebate, in any manner, from a provider 193
of any services received pursuant to paragraph (4)(b); or 194
b. Two consecutive fiscal years in which an account has 195
been inactive. 196
(6) SCHOLARSHIP PROHIBITIONS. —A student is ineligible for 197
a scholarship through the program while he or she is receiving 198
any other educational scholarship pursuant to thi s chapter. 199
(7) EARLY LEARNING COALITION OBLIGATIONS. —An early 200
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learning coalition awarding scholarships to eligible students: 201
(a) If a student with a disability who is enrolled in the 202
program does not have an individual education plan (IEP) or 203
other authorized assessment, shall request an IEP evaluation or 204
reevaluation from the school district in which the student 205
resides. For private school students, the early learning 206
coalition may accept evaluation reports and plans developed by 207
licensed professionals to develop matrix scores. 208
(b) Shall provide for the administration of the 209
coordinated screening and progress monitoring system under s. 210
1008.25(9). 211
(c) Must publish information about the program on the 212
coalition's website homepage. At a minimum, the p ublished 213
information must include a website link to the program published 214
on the department's website as well as a telephone number and e -215
mail address that students and parents may use to contact 216
relevant personnel at the early learning coalition to obtain 217
information about the program. 218
(d) Must receive applications, determine student 219
eligibility, notify parents in accordance with the requirements 220
of this section, and provide the department with information on 221
the student to enable the department to deter mine student 222
funding. 223
(e) Shall verify the household income level of students 224
and submit the verified list of students determined to be 225
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eligible for a scholarship and related documentation to the 226
department when necessary. 227
(f) Shall establish and maint ain separate accounts for 228
each eligible student. For each account, the early learning 229
coalition must maintain a record of accrued interest that is 230
retained in the student's account and available only for 231
authorized program expenditures. 232
(g) May permit eligible students to use program funds by 233
paying for the authorized use directly, then submitting a 234
reimbursement request to the early learning coalition. However, 235
an early learning coalition may require the use of an online 236
platform for direct purchases of products so long as such use 237
does not limit a parent's choice of curriculum or academic 238
programs. If a parent purchases a product identical to one 239
offered by an early learning coalition's online platform for a 240
lower price, the early learning coalition shal l reimburse the 241
parent for the cost of the product. 242
(h) May use an amount not to exceed 2.5 percent of the 243
total amount of all scholarships funded under this section for 244
administrative expenses associated with performing functions 245
under this section. An early learning coalition that has, for 246
the prior fiscal year, complied with expenditure requirements 247
may use an amount not to exceed 3 percent. Such administrative 248
expense amount is considered within the 3 -percent limit on the 249
total amount an early learnin g coalition may use to administer 250
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scholarships under this section. 251
(i) Must, in a timely manner, submit any information 252
requested by the department relating to the scholarship under 253
this section. 254
(j) Must notify the department about any violation of th is 255
section. 256
(k) Must document each student's eligibility for a fiscal 257
year before granting a scholarship for that fiscal year. A 258
student is ineligible for a scholarship if the student's account 259
has been inactive for 2 consecutive fiscal years. 260
(l) Must notify each parent that participation in the 261
scholarship program does not guarantee enrollment. 262
(m) Shall commit scholarship funds on behalf of the 263
student for tuition and fees for which the parent is responsible 264
for payment to the program provider before using scholarship 265
funds for additional authorized uses. 266
(8) DEPARTMENT OF EDUCATION OBLIGATIONS. — 267
(a) The department shall: 268
1. Publish and update, as necessary, information on the 269
department website about th e program, including, but not limited 270
to, student eligibility criteria, parental responsibilities, and 271
relevant data. 272
2. Maintain and annually publish a list of state and 273
nationally norm-referenced tests identified for purposes of 274
satisfying quality and achievement standards. 275
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3. Notify early learning coalitions of the deadlines for 276
submitting the verified list of students determined to be 277
eligible for a scholarship. An early learning coalition may not 278
submit a student for funding after February 1 if suc h student is 279
1 year of age or older. 280
4. Deny or terminate program participation due to 281
attendance or programmatic requirements. 282
5. Notify the parent and the early learning coalition when 283
a scholarship account is closed and program funds revert to the 284
state. 285
6. Maintain on its website a list of approved providers, 286
eligible schools, and early learning coalitions and activities. 287
7. Require each early learning coalition to verify 288
eligible expenditures before the distribution of funds for any 289
expenditures. Review of expenditures may be completed after the 290
purchase is made. 291
8. Investigate any written complaint of a violation of 292
this section by a parent, a program provider, a school district, 293
an early learning coalition, or another appropriate party. 294
9. Require quarterly reports by an early learning 295
coalition, which must include, at a minimum, the number of 296
students participating in the program; the demographics of 297
program participants; the disability category of program 298
participants; the matrix level of services, if known; the 299
program award amount per student; the total expenditures for the 300
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program; the types of program providers; and any other 301
information deemed necessary by the department. 302
(b) At the direction of the Commissioner of Education, the 303
department may: 304
1. Suspend or revoke program participation or use of 305
program funds by the student or participation or eligibility of 306
an another party for a violation of this section. 307
2. Determine the length of, and conditions for lifting, a 308
suspension or revocation specified in this paragraph. 309
3. Recover unexpended program funds or withhold payment of 310
an equal amount of program funds to recover program funds that 311
were not authorized for use. 312
313
In determining whether to suspend or revoke program 314
participation or lift a suspension or revocation in accordance 315
with this paragraph, the department may consider factors that 316
include, but are not limited to, acts or omissions that led to a 317
previous suspension or revocation of participation in a state or 318
federal program; failure to reimburse the early learning 319
coalition for funds improperly received or retained; failure to 320
reimburse government funds improperly received or retained; 321
imposition of a prior criminal sanction related to the person or 322
entity or its office rs or employees; imposition of a civil fine 323
or administrative fine, license revocation or suspension, or 324
program eligibility suspension, termination, or revocation 325
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related to a person's or entity's management or operation; or 326
other types of criminal procee dings in which the person or 327
entity or its officers or employees were found guilty of, 328
regardless of adjudication, or entered a plea of nolo contendere 329
or guilty to, any offense involving fraud, deceit, dishonesty, 330
or moral turpitude. 331
(9) PROVIDER ELIGIB ILITY AND OBLIGATIONS. —To be eligible 332
to participate in the program, a provider: 333
(a) May be sectarian or nonsectarian. 334
(b) May be a private or public provider. 335
(c) Must meet with parents to discuss the program's 336
academic programs and policies, specialized services, code of 337
conduct, and attendance policies before enrolling a student who 338
is participating in the program to determine which programs and 339
services meet the student's needs. 340
(d) Must provide to the early learning coalition all 341
documentation required for a student's participation, including 342
the provider's and student's fee schedules, at least 30 days 343
before any quarterly scholarship payment is made for the 344
student. A student is ineligible to receive a quar terly 345
scholarship payment if the provider fails to meet this deadline. 346
(e) Must ensure that at least 70 percent of program funds 347
are used for the following: 348
1. Personnel costs, including wages, bonuses, or other 349
staff benefits, including, but not limit ed to, health insurance, 350
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paid leave, and retirement contributions. 351
2. Hiring staff, including conducting background checks 352
and lowering the staff -to-student ratio. 353
3. Payment of mortgage or rent for the provider 354
facilities. 355
4. The purchase of supplie s, services, and training 356
necessary to ensure compliance with health, safety, educational, 357
and quality requirements. 358
5. Providing comprehensive services, including access to 359
health resources, to students and their families. 360
6. Improving the quality of child care services in a way 361
that is appropriate for student development by provider type and 362
for the student population being served. 363
7. Providing inclusive and developmentally appropriate 364
care for student with disabilities. 365
(f) Must use a sliding copayment fee scale that gradually 366
increases, providing that a family with an income of: 367
1. No more than 85 percent of the state median income for 368
a family of the same size may to be required to pay a copayment 369
under the scale. 370
2. Between 86 to 100 percent of the state median income 371
for a family of the same size shall pay a copayment between 0 to 372
2 percent of the family's income. 373
3. Between 101 to 125 percent of the state median income 374
for a family of the same size shall pay a copayment between 2 to 375
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4 percent of the family's income. 376
4. Between 126 to 150 percent of the state median income 377
for a family of the same size shall pay a copayment between 4 to 378
7 percent of the family's income. 379
5. More than 151 percent of the state median income for a 380
family of the same size shall pay a copayment of no more than 7 381
percent of the family's income. 382
(10) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 383
PARTICIPATION.— 384
(a) A parent who applies for program participation is 385
exercising his or her parental option to determine the 386
appropriate placement or the services that best meet the needs 387
of his or her student and must: 388
1. Apply to an early learning coalition to participate in 389
the program by a date set by the early learning coalition and 390
apply to a program provider and be accepted. The request must be 391
communicated directly to the early learning coalition in a 392
manner that creates a written or electronic record of the 393
request and the date of receipt of the request. 394
2. Require the stude nt to meet all of the program 395
requirements throughout the year unless excused for illness or 396
good cause. 397
3. Meet with the program director or staff of the program 398
provider to discuss the program's academic programs and 399
policies, specialized services, cod e of conduct, and attendance 400
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policies before enrolling his or her student to determine which 401
programs and services may meet his or her student's needs. 402
4. Participate in any required state and national 403
assessments. 404
5. Sign an agreement with the early l earning coalition and 405
annually submit a sworn compliance statement to the early 406
learning coalition to satisfy or maintain program eligibility, 407
including eligibility to receive and spend program payments by: 408
a. Affirming that the student is enrolled in a program 409
that meets any applicable attendance requirements. 410
b. Affirming that the program funds are used only for 411
authorized purposes serving the student's educational needs; 412
that any prepaid college plan or college savings plan funds 413
contributed will not be transferred to another beneficiary while 414
the plan contains funds contributed pursuant to this section; 415
and that the parent will not receive a payment, refund, or 416
rebate of any funds provided under this section. 417
c. Affirming that the parent is respons ible for all 418
eligible expenses in excess of the amount of the scholarship and 419
for the education of his or her student by, as applicable: 420
(I) Requiring the student to take an assessment; or 421
(II) Providing an annual evaluation. 422
d. Affirming that the st udent remains in good standing 423
with the program provider if those options are selected by the 424
parent. 425
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e. Renewing participation in the program each year. A 426
student whose participation in the program is not renewed may 427
continue to spend scholarship funds that are in his or her 428
account from prior years unless the account must be closed. 429
f. Procuring the services necessary to educate the 430
student. If such services include enrollment in an eligible 431
private school, the parent must meet with the private schoo l's 432
principal or the principal's designee to review the school's 433
academic programs and policies, specialized services, code of 434
student conduct, and attendance policies before his or her 435
student is enrolled. 436
(b) A participant who fails to comply with thi s subsection 437
forfeits the scholarship. 438
(11) SCHOLARSHIP FUNDING AND PAYMENT. — 439
(a) Each student's scholarship amount shall be calculated 440
as the base student allocation, as established by the 441
Legislature, multiplied by the number of students in the schoo l 442
district. The following funds, in amounts established by the 443
Legislature, shall be added to the product: 444
1. An additional amount of funding shall be provided to 445
each student based on the poverty level of the county in which 446
he or she resides, the cost of living for such county, and the 447
size of the county. 448
2. An additional amount of funding shall be provided to 449
each student based on each student's disability or matrix score. 450
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3. An additional amount of funding shall be provided to 451
each student based o n the staffing levels required for the care 452
of such student, including funding to ensure that individuals 453
providing care for such students receive livable wages and wages 454
that are equivalent to wages for elementary educators with 455
similar credentials and ex perience in the state, adjusted on an 456
annual basis for cost -of-living increases. 457
(b)1. The calculated scholarship amount for a 458
participating student shall be based upon the age of the 459
student, the county in which the student resides, the student's 460
disability status or matrix score, and the opportunity weight to 461
address childhood poverty, as specified in the General 462
Appropriations Act. 463
2. The early learning coalition must provide the 464
department with the documentation necessary to verify the 465
student's participation. Upon receiving the documentation, the 466
department shall transfer, beginning August 1, from state funds, 467
the amount calculated pursuant to subparagraph 1. to the early 468
learning coalition for quarterly disbursement to parents of 469
participating students each school year in which the scholarship 470
is in force. Such funds must be deposited to students' accounts 471
in four equal amounts no later than September 1, November 1, 472
February 1, and April 1 of each school year in which the 473
scholarship is in for ce. When a student enters the program, the 474
early learning coalition must receive all documentation required 475
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for the student's participation, including the program 476
provider's and the student's fee schedules at least 30 days 477
before the first quarterly schola rship payment is made for the 478
student. 479
3. The initial payment shall be made after the early 480
learning coalition's verification of admission acceptance, and 481
subsequent payments shall be made upon verification of continued 482
enrollment and attendance at the p rogram provider. Payment must 483
be made by funds transfer or any other means of payment that the 484
department deems to be commercially viable or cost -effective. An 485
early learning coalition shall ensure that the parent has 486
approved a funds transfer before any s cholarship funds are 487
deposited in the student's account. An early learning coalition 488
may develop a system for payment of benefits by funds transfer, 489
including, but not limited to, debit cards, electronic payment 490
cards, or any other means of payment which t he department deems 491
to be commercially viable or cost -effective. A student's 492
scholarship may not be reduced for debit card or electronic 493
payment fees. Commodities or services related to the development 494
of such a system must be procured by competitive solic itation 495
unless they are purchased from a state term contract pursuant to 496
s. 287.056. 497
4. Accrued interest in the student's account is in 498
addition to, and not part of, the awarded funds. Program funds 499
include both the awarded funds and the accrued interest . 500
HB 1197 2024
CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
5. Moneys received pursuant to this section do not 501
constitute taxable income to the student or his or her parent. 502
6. An early learning coalition may not transfer any funds 503
to an account of a student which has a balance in excess of 504
$24,000. 505
(12) LIABILITY.—No liability shall arise on the part of 506
the state based on the award or use of a scholarship. 507
(13) RULES.—The State Board of Education shall adopt rules 508
pursuant to ss. 120.536(1) and 120.54 to administer this 509
section. 510
Section 2. This act shall take effect July 1, 2024. 511