| 15 | | - | An act relating to virtual instruction; amending s. 2 |
|---|
| 16 | | - | 1002.331, F.S.; providing that certain students are 3 |
|---|
| 17 | | - | excluded from specified calculations relating to a 4 |
|---|
| 18 | | - | high-performing charter school's facility capacity; 5 |
|---|
| 19 | | - | authorizing high-performing charter schools to provide 6 |
|---|
| 20 | | - | virtual courses to certain students; providing funding 7 |
|---|
| 21 | | - | requirements for such courses; amending s. 1002.395, 8 |
|---|
| 22 | | - | F.S.; revising the authorized uses of Flo rida Tax 9 |
|---|
| 23 | | - | Credit Scholarship funds; providing an effective date. 10 |
|---|
| 24 | | - | 11 |
|---|
| 25 | | - | Be It Enacted by the Legislature of the State of Florida: 12 |
|---|
| 26 | | - | 13 |
|---|
| 27 | | - | Section 1. Paragraph (a) of subsection (2) of section 14 |
|---|
| 28 | | - | 1002.331, Florida Statutes, is amended, and paragraph (f) is 15 |
|---|
| 29 | | - | added to that subsection, to read: 16 |
|---|
| 30 | | - | 1002.331 High-performing charter schools. — 17 |
|---|
| 31 | | - | (2) A high-performing charter school is authorized to: 18 |
|---|
| 32 | | - | (a) Increase its student enrollment once per school year 19 |
|---|
| 33 | | - | to more than the capacity identified in the charter, but student 20 |
|---|
| 34 | | - | enrollment may not exceed the capacity of the facility at the 21 |
|---|
| 35 | | - | time the enrollment increase will take effect. Students enrolled 22 |
|---|
| 36 | | - | in virtual courses may not be counted as enrolled students for 23 |
|---|
| 37 | | - | purposes of determining the facility's capacity. Facility 24 |
|---|
| 38 | | - | capacity for purposes of expansion shall include any 25 |
|---|
| 15 | + | An act relating to virtual instruction; amending ss. 2 |
|---|
| 16 | + | 1002.394 and 1002.395, F.S.; authorizing students to 3 |
|---|
| 17 | + | enroll in virtual programs through private schools 4 |
|---|
| 18 | + | using Family Empowerment Scholarship and Florida Tax 5 |
|---|
| 19 | + | Credit Scholarship awards; amending s. 1002.421, F.S.; 6 |
|---|
| 20 | + | conforming a provision to changes made by the act; 7 |
|---|
| 21 | + | amending s. 1002.45, F.S.; authorizing public schools 8 |
|---|
| 22 | + | to operate hybrid models of education while 9 |
|---|
| 23 | + | maintaining student enrollment; amending s. 1003.01, 10 |
|---|
| 24 | + | F.S.; revising the definition of the term "regular 11 |
|---|
| 25 | + | school attendance" to conform to changes made by the 12 |
|---|
| 26 | + | act; providing an effective date. 13 |
|---|
| 27 | + | 14 |
|---|
| 28 | + | Be It Enacted by the Legislature of the State of Florida: 15 |
|---|
| 29 | + | 16 |
|---|
| 30 | + | Section 1. Subsection (4) of section 1002.394, Florida 17 |
|---|
| 31 | + | Statutes, is amended to read: 18 |
|---|
| 32 | + | 1002.394 The Family Empowerment Scholarship Program. — 19 |
|---|
| 33 | + | (4) AUTHORIZED USES OF PROGRAM FUNDS. — 20 |
|---|
| 34 | + | (a) Program funds awarded to a student determined eligible 21 |
|---|
| 35 | + | pursuant to paragraph (3)(a) may be used for: 22 |
|---|
| 36 | + | 1. Tuition and fees at an eligible private school. 23 |
|---|
| 37 | + | 2. Instructional materials, including digital materials 24 |
|---|
| 38 | + | and Internet resources. 25 |
|---|
| 51 | | - | improvements to an existing facility or any new facility in 26 |
|---|
| 52 | | - | which the students of the high -performing charter school will 27 |
|---|
| 53 | | - | enroll. 28 |
|---|
| 54 | | - | (f) Provide virtual courses, approved pursuant to s. 29 |
|---|
| 55 | | - | 1003.499, to students in grade s 9 through 12. Funding for 30 |
|---|
| 56 | | - | virtual courses shall be as provided in s. 1002.45(6). 31 |
|---|
| 57 | | - | 32 |
|---|
| 58 | | - | A high-performing charter school shall notify its sponsor in 33 |
|---|
| 59 | | - | writing by March 1 if it intends to increase enrollment or 34 |
|---|
| 60 | | - | expand grade levels the following school year. The w ritten 35 |
|---|
| 61 | | - | notice shall specify the amount of the enrollment increase and 36 |
|---|
| 62 | | - | the grade levels that will be added, as applicable. If a charter 37 |
|---|
| 63 | | - | school notifies the sponsor of its intent to expand, the sponsor 38 |
|---|
| 64 | | - | shall modify the charter within 90 days to include the n ew 39 |
|---|
| 65 | | - | enrollment maximum and may not make any other changes. The 40 |
|---|
| 66 | | - | sponsor may deny a request to increase the enrollment of a high -41 |
|---|
| 67 | | - | performing charter school if the commissioner has declassified 42 |
|---|
| 68 | | - | the charter school as high -performing. If a high -performing 43 |
|---|
| 69 | | - | charter school requests to consolidate multiple charters, the 44 |
|---|
| 70 | | - | sponsor shall have 40 days after receipt of that request to 45 |
|---|
| 71 | | - | provide an initial draft charter to the charter school. The 46 |
|---|
| 72 | | - | sponsor and charter school shall have 50 days thereafter to 47 |
|---|
| 73 | | - | negotiate and notice the charter contract for final approval by 48 |
|---|
| 74 | | - | the sponsor. 49 |
|---|
| 75 | | - | Section 2. Paragraph (b) of subsection (2) and paragraph 50 |
|---|
| 51 | + | 3. Curriculum as defined in subsection (2). 26 |
|---|
| 52 | + | 4. Tuition and fees associated wit h full-time or part-time 27 |
|---|
| 53 | + | enrollment in an eligible postsecondary educational institution 28 |
|---|
| 54 | + | or a program offered by the postsecondary educational 29 |
|---|
| 55 | + | institution, unless the program is subject to s. 1009.25 or 30 |
|---|
| 56 | + | reimbursed pursuant to s. 1009.30; an approved preapp renticeship 31 |
|---|
| 57 | + | program as defined in s. 446.021(5) which is not subject to s. 32 |
|---|
| 58 | + | 1009.25 and complies with all applicable requirements of the 33 |
|---|
| 59 | + | department pursuant to chapter 1005; a private tutoring program 34 |
|---|
| 60 | + | authorized under s. 1002.43; a virtual program offered b y a 35 |
|---|
| 61 | + | department-approved private online provider that meets the 36 |
|---|
| 62 | + | private school eligibility requirements specified in s. 37 |
|---|
| 63 | + | 1002.421(1)(a)-(s), with the exception of s. 1002.421(1)(i) and 38 |
|---|
| 64 | + | any other provisions of law that conflict with a virtual 39 |
|---|
| 65 | + | education; a full-time virtual program offered by a private 40 |
|---|
| 66 | + | online provider that meets the private school eligibility 41 |
|---|
| 67 | + | requirements specified in s. 1002.395(8), with the exception of 42 |
|---|
| 68 | + | s. 1002.421(1)(i) and any other provisions of law that conflict 43 |
|---|
| 69 | + | with a full-time virtual education provider qualifications 44 |
|---|
| 70 | + | specified in s. 1002.45(2)(a) ; the Florida Virtual School as a 45 |
|---|
| 71 | + | private paying student; or an approved online course offered 46 |
|---|
| 72 | + | pursuant to s. 1003.499 or s. 1004.0961. 47 |
|---|
| 73 | + | 5. Fees for nationally standardized, norm -referenced 48 |
|---|
| 74 | + | achievement tests, Advanced Placement Examinations, industry 49 |
|---|
| 75 | + | certification examinations, assessments related to postsecondary 50 |
|---|
| 88 | | - | (d) of subsection (6) of section 1002.395, Florida Statutes, are 51 |
|---|
| 89 | | - | amended to read: 52 |
|---|
| 90 | | - | 1002.395 Florida Tax Credit Scholarship Program. — 53 |
|---|
| 91 | | - | (2) DEFINITIONS.—As used in this section, the term: 54 |
|---|
| 92 | | - | (b) "Choice navigator" means an individual who meets the 55 |
|---|
| 93 | | - | requirements of sub-subparagraph (6)(d)4.j. (6)(d)4.g. and who 56 |
|---|
| 94 | | - | provides consultations, at a mutually agreed upon location, on 57 |
|---|
| 95 | | - | the selection of, appl ication for, and enrollment in educational 58 |
|---|
| 96 | | - | options addressing the academic needs of a student; curriculum 59 |
|---|
| 97 | | - | selection; and advice on career and postsecondary education 60 |
|---|
| 98 | | - | opportunities. However, nothing in this section authorizes a 61 |
|---|
| 99 | | - | choice navigator to oversee o r exercise control over the 62 |
|---|
| 100 | | - | curricula or academic programs of a personalized education 63 |
|---|
| 101 | | - | program. 64 |
|---|
| 102 | | - | (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP -FUNDING 65 |
|---|
| 103 | | - | ORGANIZATIONS.—An eligible nonprofit scholarship -funding 66 |
|---|
| 104 | | - | organization: 67 |
|---|
| 105 | | - | (d)1. For the 2023-2024 school year, may fund no more than 68 |
|---|
| 106 | | - | 20,000 scholarships for students who are enrolled pursuant to 69 |
|---|
| 107 | | - | paragraph (7)(b). The number of scholarships funded for such 70 |
|---|
| 108 | | - | students may increase by 40,000 in each subsequent school year. 71 |
|---|
| 109 | | - | This subparagraph is repealed July 1, 2027. 72 |
|---|
| 110 | | - | 2. Shall establish a process for parents who are in 73 |
|---|
| 111 | | - | compliance with paragraph (7)(a) to renew their students' 74 |
|---|
| 112 | | - | scholarships. Renewal applications for the 2025 -2026 school year 75 |
|---|
| 88 | + | education, or other assessments. 51 |
|---|
| 89 | + | 6. Contracted services provided by a public school or 52 |
|---|
| 90 | + | school district, including classes. A studen t who receives 53 |
|---|
| 91 | + | contracted services under this subparagraph is not considered 54 |
|---|
| 92 | + | enrolled in a public school for eligibility purposes as 55 |
|---|
| 93 | + | specified in subsection (6) but rather attending a public school 56 |
|---|
| 94 | + | on a part-time basis as authorized under s. 1002.44. 57 |
|---|
| 95 | + | 7. Tuition and fees for part -time tutoring services or 58 |
|---|
| 96 | + | fees for services provided by a choice navigator. Such services 59 |
|---|
| 97 | + | must be provided by a person who holds a valid Florida 60 |
|---|
| 98 | + | educator's certificate pursuant to s. 1012.56, a person who 61 |
|---|
| 99 | + | holds an adjunct teaching certificate pursuant to s. 1012.57, a 62 |
|---|
| 100 | + | person who has a bachelor's degree or a graduate degree in the 63 |
|---|
| 101 | + | subject area in which instruction is given, a person who has 64 |
|---|
| 102 | + | demonstrated a mastery of subject area knowledge pursuant to s. 65 |
|---|
| 103 | + | 1012.56(5), or a person certi fied by a nationally or 66 |
|---|
| 104 | + | internationally recognized research -based training program as 67 |
|---|
| 105 | + | approved by the department. As used in this subparagraph, the 68 |
|---|
| 106 | + | term "part-time tutoring services" does not qualify as regular 69 |
|---|
| 107 | + | school attendance as defined in s. 1003.01(16 )(e). 70 |
|---|
| 108 | + | (b) Program funds awarded to a student with a disability 71 |
|---|
| 109 | + | determined eligible pursuant to paragraph (3)(b) may be used for 72 |
|---|
| 110 | + | the following purposes: 73 |
|---|
| 111 | + | 1. Instructional materials, including digital devices, 74 |
|---|
| 112 | + | digital periphery devices, and assistive technology devices that 75 |
|---|
| 125 | | - | and thereafter must provide for a renewal timeline beginning 76 |
|---|
| 126 | | - | February 1 of the prior school year and ending April 30 of the 77 |
|---|
| 127 | | - | prior school year. A student's renewal is contingent upon an 78 |
|---|
| 128 | | - | eligible private school providing confirmation of admission 79 |
|---|
| 129 | | - | pursuant to subsection (8). The process must require that 80 |
|---|
| 130 | | - | parents confirm that t he scholarship is being renewed or 81 |
|---|
| 131 | | - | declined by May 31. 82 |
|---|
| 132 | | - | 3. Shall establish a process that allows a parent to apply 83 |
|---|
| 133 | | - | for a new scholarship. The process must be in a manner that 84 |
|---|
| 134 | | - | creates a written or electronic record of the application 85 |
|---|
| 135 | | - | request and the date o f receipt of the application request. The 86 |
|---|
| 136 | | - | process must require that parents confirm that the scholarship 87 |
|---|
| 137 | | - | is being accepted or declined by a date set by the organization. 88 |
|---|
| 138 | | - | 4. Must establish and maintain separate scholarship 89 |
|---|
| 139 | | - | accounts from eligible contribut ions for each eligible student. 90 |
|---|
| 140 | | - | For each account, the organization must maintain a record of 91 |
|---|
| 141 | | - | accrued interest retained in the student's account. The 92 |
|---|
| 142 | | - | organization must verify that scholarship funds are used for: 93 |
|---|
| 143 | | - | a. Tuition and fees for full -time or part-time enrollment 94 |
|---|
| 144 | | - | in an eligible private school. 95 |
|---|
| 145 | | - | b. Instructional materials, including digital materials 96 |
|---|
| 146 | | - | and Internet resources. 97 |
|---|
| 147 | | - | c. Curriculum as defined in s. 1002.394(2). 98 |
|---|
| 148 | | - | d. Tuition and fees associated with full -time or part-time 99 |
|---|
| 149 | | - | enrollment in a home education instructional program .; 100 |
|---|
| 125 | + | allow a student to access instruction or instructional content 76 |
|---|
| 126 | + | and training on the use of and maintenance agreements for these 77 |
|---|
| 127 | + | devices. 78 |
|---|
| 128 | + | 2. Curriculum as defined in subsection (2). 79 |
|---|
| 129 | + | 3. Specialized services by approved providers or by a 80 |
|---|
| 130 | + | hospital in this state which are selected by the parent. These 81 |
|---|
| 131 | + | specialized services may include, but are not limited to: 82 |
|---|
| 132 | + | a. Applied behavior analysis s ervices as provided in ss. 83 |
|---|
| 133 | + | 627.6686 and 641.31098. 84 |
|---|
| 134 | + | b. Services provided by speech -language pathologists as 85 |
|---|
| 135 | + | defined in s. 468.1125(8). 86 |
|---|
| 136 | + | c. Occupational therapy as defined in s. 468.203. 87 |
|---|
| 137 | + | d. Services provided by physical therapists as defined in 88 |
|---|
| 138 | + | s. 486.021(8). 89 |
|---|
| 139 | + | e. Services provided by listening and spoken language 90 |
|---|
| 140 | + | specialists and an appropriate acoustical environment for a 91 |
|---|
| 141 | + | child who has a hearing impairment, including deafness, and who 92 |
|---|
| 142 | + | has received an implant or assistive hearing device. 93 |
|---|
| 143 | + | 4. Tuition and fees associated with full -time or part-time 94 |
|---|
| 144 | + | enrollment in a home education program; an eligible private 95 |
|---|
| 145 | + | school; an eligible postsecondary educational institution or a 96 |
|---|
| 146 | + | program offered by the postsecondary educational institution, 97 |
|---|
| 147 | + | unless the program is subj ect to s. 1009.25 or reimbursed 98 |
|---|
| 148 | + | pursuant to s. 1009.30; an approved preapprenticeship program as 99 |
|---|
| 149 | + | defined in s. 446.021(5) which is not subject to s. 1009.25 and 100 |
|---|
| 162 | | - | e. Tuition and fees for courses from an eligible 101 |
|---|
| 163 | | - | postsecondary educational institution or a program offered by 102 |
|---|
| 164 | | - | the postsecondary educational institution, unless the program is 103 |
|---|
| 165 | | - | subject to s. 1009.25 or reimbursed pursuan t to s. 1009.30, or; 104 |
|---|
| 166 | | - | an approved preapprenticeship program as defined in s. 105 |
|---|
| 167 | | - | 446.021(5) which is not subject to s. 1009.25 and complies with 106 |
|---|
| 168 | | - | all applicable requirements of the Department of Education 107 |
|---|
| 169 | | - | pursuant to chapter 1005 .; 108 |
|---|
| 170 | | - | f. Tuition and fees for a private tutoring program 109 |
|---|
| 171 | | - | authorized under s. 1002.43 .; 110 |
|---|
| 172 | | - | g. Tuition and fees for asynchronous or synchronous 111 |
|---|
| 173 | | - | courses from a virtual program offered by a department -approved 112 |
|---|
| 174 | | - | private online provider that meets the provider qualifications 113 |
|---|
| 175 | | - | specified in s. 1002. 45(2)(a); the Florida Virtual School as a 114 |
|---|
| 176 | | - | private paying student; or an approved online course offered 115 |
|---|
| 177 | | - | pursuant to s. 1003.499 or s. 1004.0961. 116 |
|---|
| 178 | | - | h.e. Fees for nationally standardized, norm -referenced 117 |
|---|
| 179 | | - | achievement tests, Advanced Placement Examinations, ind ustry 118 |
|---|
| 180 | | - | certification examinations, assessments related to postsecondary 119 |
|---|
| 181 | | - | education, or other assessments. 120 |
|---|
| 182 | | - | i.f. Contracted services provided by a public school or 121 |
|---|
| 183 | | - | school district, including classes. Such classes may include 122 |
|---|
| 184 | | - | school district operated virtual courses and courses provided 123 |
|---|
| 185 | | - | through a contract with an approved virtual instruction program 124 |
|---|
| 186 | | - | provider under s. 1002.45. A student who receives contracted 125 |
|---|
| 162 | + | complies with all applicable requirements of the department 101 |
|---|
| 163 | + | pursuant to chapter 1005; a private tutoring program authorized 102 |
|---|
| 164 | + | under s. 1002.43; a virtual program offered by a department-103 |
|---|
| 165 | + | approved private online provider that meets the private school 104 |
|---|
| 166 | + | eligibility requirements provider qualifications specified in s. 105 |
|---|
| 167 | + | 1002.421(1)(a)-(s), with the exception of s. 1002.421(1)(i) and 106 |
|---|
| 168 | + | any other provisions of law that conflict with a virtual 107 |
|---|
| 169 | + | education; a full-time virtual program offered by a private 108 |
|---|
| 170 | + | online provider that meets the private school eligibility 109 |
|---|
| 171 | + | requirements specified in s. 1002.395(8), with the excep tion of 110 |
|---|
| 172 | + | s. 1002.421(1)(i) and any other provisions of law that conflict 111 |
|---|
| 173 | + | with a full-time virtual education s. 1002.45(2)(a); the Florida 112 |
|---|
| 174 | + | Virtual School as a private paying student; or an approved 113 |
|---|
| 175 | + | online course offered pursuant to s. 1003.499 or s. 1004.096 1. 114 |
|---|
| 176 | + | 5. Fees for nationally standardized, norm -referenced 115 |
|---|
| 177 | + | achievement tests, Advanced Placement Examinations, industry 116 |
|---|
| 178 | + | certification examinations, assessments related to postsecondary 117 |
|---|
| 179 | + | education, or other assessments. 118 |
|---|
| 180 | + | 6. Contributions to the Stanley G. Ta te Florida Prepaid 119 |
|---|
| 181 | + | College Program pursuant to s. 1009.98 or the Florida College 120 |
|---|
| 182 | + | Savings Program pursuant to s. 1009.981 for the benefit of the 121 |
|---|
| 183 | + | eligible student. 122 |
|---|
| 184 | + | 7. Contracted services provided by a public school or 123 |
|---|
| 185 | + | school district, including classes. A student who receives 124 |
|---|
| 186 | + | services under a contract under this paragraph is not considered 125 |
|---|
| 199 | | - | services under this sub -subparagraph is not considered enrolled 126 |
|---|
| 200 | | - | in a public school for eligibility pur poses as specified in 127 |
|---|
| 201 | | - | subsection (11) but rather attending a public school on a part -128 |
|---|
| 202 | | - | time basis as authorized under s. 1002.44. 129 |
|---|
| 203 | | - | j.g. Tuition and fees for part -time tutoring services or 130 |
|---|
| 204 | | - | fees for services provided by a choice navigator. Such services 131 |
|---|
| 205 | | - | must be provided by a person who holds a valid Florida 132 |
|---|
| 206 | | - | educator's certificate pursuant to s. 1012.56, a person who 133 |
|---|
| 207 | | - | holds an adjunct teaching certificate pursuant to s. 1012.57, a 134 |
|---|
| 208 | | - | person who has a bachelor's degree or a graduate degree in the 135 |
|---|
| 209 | | - | subject area in which instruction is given, a person who has 136 |
|---|
| 210 | | - | demonstrated a mastery of subject area knowledge pursuant to s. 137 |
|---|
| 211 | | - | 1012.56(5), or a person certified by a nationally or 138 |
|---|
| 212 | | - | internationally recognized research -based training program as 139 |
|---|
| 213 | | - | approved by the Department of Educa tion. As used in this 140 |
|---|
| 214 | | - | paragraph, the term "part -time tutoring services" does not 141 |
|---|
| 215 | | - | qualify as regular school attendance as defined in s. 142 |
|---|
| 216 | | - | 1003.01(16)(e). 143 |
|---|
| 217 | | - | 144 |
|---|
| 218 | | - | Information and documentation provided to the Department of 145 |
|---|
| 219 | | - | Education and the Auditor General relating t o the identity of a 146 |
|---|
| 220 | | - | taxpayer that provides an eligible contribution under this 147 |
|---|
| 221 | | - | section shall remain confidential at all times in accordance 148 |
|---|
| 222 | | - | with s. 213.053. 149 |
|---|
| 223 | | - | Section 3. This act shall take effect July 1, 2025. 150 |
|---|
| 199 | + | enrolled in a public school for eligibility purposes as 126 |
|---|
| 200 | + | specified in subsection (6) but rather attending a public school 127 |
|---|
| 201 | + | on a part-time basis as authorized under s. 1002. 44. 128 |
|---|
| 202 | + | 8. Tuition and fees for part -time tutoring services or 129 |
|---|
| 203 | + | fees for services provided by a choice navigator. Such services 130 |
|---|
| 204 | + | must be provided by a person who holds a valid Florida 131 |
|---|
| 205 | + | educator's certificate pursuant to s. 1012.56, a person who 132 |
|---|
| 206 | + | holds an adjunct teaching certificate pursuant to s. 1012.57, a 133 |
|---|
| 207 | + | person who has a bachelor's degree or a graduate degree in the 134 |
|---|
| 208 | + | subject area in which instruction is given, a person who has 135 |
|---|
| 209 | + | demonstrated a mastery of subject area knowledge pursuant to s. 136 |
|---|
| 210 | + | 1012.56(5), or a per son certified by a nationally or 137 |
|---|
| 211 | + | internationally recognized research -based training program as 138 |
|---|
| 212 | + | approved by the department. As used in this subparagraph, the 139 |
|---|
| 213 | + | term "part-time tutoring services" does not qualify as regular 140 |
|---|
| 214 | + | school attendance as defined in s. 1 003.01(16)(e). 141 |
|---|
| 215 | + | 9. Fees for specialized summer education programs. 142 |
|---|
| 216 | + | 10. Fees for specialized after -school education programs. 143 |
|---|
| 217 | + | 11. Transition services provided by job coaches. 144 |
|---|
| 218 | + | Transition services are a coordinated set of activities which 145 |
|---|
| 219 | + | are focused on improving the academic and functional achievement 146 |
|---|
| 220 | + | of a student with a disability to facilitate the student's 147 |
|---|
| 221 | + | movement from school to postschool activities and are based on 148 |
|---|
| 222 | + | the student's needs. 149 |
|---|
| 223 | + | 12. Fees for an annual evaluation of educational progress 150 |
|---|
| 224 | + | |
|---|
| 225 | + | HB 871 2025 |
|---|
| 226 | + | |
|---|
| 227 | + | |
|---|
| 228 | + | |
|---|
| 229 | + | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 230 | + | hb871-00 |
|---|
| 231 | + | Page 7 of 13 |
|---|
| 232 | + | 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 |
|---|
| 233 | + | |
|---|
| 234 | + | |
|---|
| 235 | + | |
|---|
| 236 | + | by a state-certified teacher under s. 1002.41(1)(f), if this 151 |
|---|
| 237 | + | option is chosen for a home education student. 152 |
|---|
| 238 | + | 13. Tuition and fees associated with programs offered by 153 |
|---|
| 239 | + | Voluntary Prekindergarten Education Program providers approved 154 |
|---|
| 240 | + | pursuant to s. 1002.55, schoo l readiness providers approved 155 |
|---|
| 241 | + | pursuant to s. 1002.88, and prekindergarten programs offered by 156 |
|---|
| 242 | + | an eligible private school. 157 |
|---|
| 243 | + | 14. Fees for services provided at a center that is a 158 |
|---|
| 244 | + | member of the Professional Association of Therapeutic 159 |
|---|
| 245 | + | Horsemanship Internation al. 160 |
|---|
| 246 | + | 15. Fees for services provided by a therapist who is 161 |
|---|
| 247 | + | certified by the Certification Board for Music Therapists or 162 |
|---|
| 248 | + | credentialed by the Art Therapy Credentials Board, Inc. 163 |
|---|
| 249 | + | Section 2. Paragraph (d) of subsection (6) of section 164 |
|---|
| 250 | + | 1002.395, Florida Stat utes, is amended to read: 165 |
|---|
| 251 | + | 1002.395 Florida Tax Credit Scholarship Program. — 166 |
|---|
| 252 | + | (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP -FUNDING 167 |
|---|
| 253 | + | ORGANIZATIONS.—An eligible nonprofit scholarship -funding 168 |
|---|
| 254 | + | organization: 169 |
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| 255 | + | (d)1. For the 2023-2024 school year, may fund no more than 170 |
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| 256 | + | 20,000 scholarships for students who are enrolled pursuant to 171 |
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| 257 | + | paragraph (7)(b). The number of scholarships funded for such 172 |
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| 258 | + | students may increase by 40,000 in each subsequent school year. 173 |
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| 259 | + | This subparagraph is repealed July 1, 2027. 174 |
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| 260 | + | 2. Shall establish a process for parents who are in 175 |
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| 261 | + | |
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| 262 | + | HB 871 2025 |
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| 263 | + | |
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| 269 | + | 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 |
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| 270 | + | |
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| 271 | + | |
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| 272 | + | |
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| 273 | + | compliance with paragraph (7)(a) to renew their students' 176 |
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| 274 | + | scholarships. Renewal applications for the 2025 -2026 school year 177 |
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| 275 | + | and thereafter must provide for a renewal timeline beginning 178 |
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| 276 | + | February 1 of the prior schoo l year and ending April 30 of the 179 |
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| 277 | + | prior school year. A student's renewal is contingent upon an 180 |
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| 278 | + | eligible private school providing confirmation of admission 181 |
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| 279 | + | pursuant to subsection (8). The process must require that 182 |
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| 280 | + | parents confirm that the scholarship is bei ng renewed or 183 |
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| 281 | + | declined by May 31. 184 |
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| 282 | + | 3. Shall establish a process that allows a parent to apply 185 |
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| 283 | + | for a new scholarship. The process must be in a manner that 186 |
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| 284 | + | creates a written or electronic record of the application 187 |
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| 285 | + | request and the date of receipt of the appl ication request. The 188 |
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| 286 | + | process must require that parents confirm that the scholarship 189 |
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| 287 | + | is being accepted or declined by a date set by the organization. 190 |
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| 288 | + | 4. Must establish and maintain separate scholarship 191 |
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| 289 | + | accounts from eligible contributions for each eligibl e student. 192 |
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| 290 | + | For each account, the organization must maintain a record of 193 |
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| 291 | + | accrued interest retained in the student's account. The 194 |
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| 292 | + | organization must verify that scholarship funds are used for: 195 |
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| 293 | + | a. Tuition and fees for full -time or part-time enrollment 196 |
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| 294 | + | in an eligible private school. 197 |
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| 295 | + | b. Instructional materials, including digital materials 198 |
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| 296 | + | and Internet resources. 199 |
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| 297 | + | c. Curriculum as defined in s. 1002.394(2). 200 |
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| 298 | + | |
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| 307 | + | |
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| 308 | + | |
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| 309 | + | |
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| 310 | + | d. Tuition and fees associated with full -time or part-time 201 |
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| 311 | + | enrollment in a home education instructional program; an 202 |
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| 312 | + | eligible postsecondary educational institution or a program 203 |
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| 313 | + | offered by the postsecondary educational institution, unless the 204 |
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| 314 | + | program is subject to s. 1009.25 or reimbursed pursuant to s. 205 |
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| 315 | + | 1009.30; an approved preapprenticeship program as defined in s. 206 |
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| 316 | + | 446.021(5) which is not subject to s. 1009.25 and complies with 207 |
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| 317 | + | all applicable requirements of the Department of Education 208 |
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| 318 | + | pursuant to chapter 1 005; a private tutoring program authorized 209 |
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| 319 | + | under s. 1002.43; a virtual program offered by a department-210 |
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| 320 | + | approved private online provider that meets the private school 211 |
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| 321 | + | eligibility requirements provider qualifications specified in s. 212 |
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| 322 | + | 1002.421(1)(a)-(s), with the exception of s. 1002.421(1)(i) and 213 |
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| 323 | + | any other provisions of law that conflict with a virtual 214 |
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| 324 | + | education; a full-time virtual program offered by a private 215 |
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| 325 | + | online provider that meets the private school eligibility 216 |
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| 326 | + | requirements specified in s. 1002.395(8), with the exception of 217 |
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| 327 | + | s. 1002.421(1)(i) and any other provisions of law that conflict 218 |
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| 328 | + | with a full-time virtual education s. 1002.45(2)(a); the Florida 219 |
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| 329 | + | Virtual School as a private paying student; or an approved 220 |
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| 330 | + | online course offered pursuant to s. 1003.499 or s. 1004.0961. 221 |
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| 331 | + | e. Fees for nationally standardized, norm -referenced 222 |
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| 332 | + | achievement tests, Advanced Placement Examinations, industry 223 |
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| 333 | + | certification examinations, assessments related to postsecondary 224 |
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| 334 | + | education, or other assessments. 225 |
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| 335 | + | |
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| 344 | + | |
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| 345 | + | |
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| 346 | + | |
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| 347 | + | f. Contracted services provided by a public school or 226 |
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| 348 | + | school district, including classes. A student who receives 227 |
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| 349 | + | contracted services under this sub -subparagraph is not 228 |
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| 350 | + | considered enrolled in a public school for eligibility purposes 229 |
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| 351 | + | as specified in subsection (11) but rather atte nding a public 230 |
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| 352 | + | school on a part-time basis as authorized under s. 1002.44. 231 |
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| 353 | + | g. Tuition and fees for part -time tutoring services or 232 |
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| 354 | + | fees for services provided by a choice navigator. Such services 233 |
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| 355 | + | must be provided by a person who holds a valid Florida 234 |
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| 356 | + | educator's certificate pursuant to s. 1012.56, a person who 235 |
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| 357 | + | holds an adjunct teaching certificate pursuant to s. 1012.57, a 236 |
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| 358 | + | person who has a bachelor's degree or a graduate degree in the 237 |
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| 359 | + | subject area in which instruction is given, a person who has 238 |
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| 360 | + | demonstrated a mastery of subject area knowledge pursuant to s. 239 |
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| 361 | + | 1012.56(5), or a person certified by a nationally or 240 |
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| 362 | + | internationally recognized research -based training program as 241 |
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| 363 | + | approved by the Department of Education. As used in this 242 |
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| 364 | + | paragraph, the term "part -time tutoring services" does not 243 |
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| 365 | + | qualify as regular school attendance as defined in s. 244 |
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| 366 | + | 1003.01(16)(e). 245 |
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| 367 | + | 246 |
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| 368 | + | Information and documentation provided to the Department of 247 |
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| 369 | + | Education and the Auditor General relating to the identity of a 248 |
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| 370 | + | taxpayer that provides an eligible contribution under this 249 |
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| 371 | + | section shall remain confidential at all times in accordance 250 |
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| 372 | + | |
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| 381 | + | |
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| 382 | + | |
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| 383 | + | |
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| 384 | + | with s. 213.053. 251 |
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| 385 | + | Section 3. Paragraph (i) of subsection (1) of section 252 |
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| 386 | + | 1002.421, Florida Statutes, is amended to read: 253 |
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| 387 | + | 1002.421 State school choice scholarship progr am 254 |
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| 388 | + | accountability and oversight. — 255 |
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| 389 | + | (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS. —A private 256 |
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| 390 | + | school participating in an educational scholarship program 257 |
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| 391 | + | established pursuant to this chapter must be a private school as 258 |
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| 392 | + | defined in s. 1002.01 in this state, b e registered, and be in 259 |
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| 393 | + | compliance with all requirements of this section in addition to 260 |
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| 394 | + | private school requirements outlined in s. 1002.42, specific 261 |
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| 395 | + | requirements identified within respective scholarship program 262 |
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| 396 | + | laws, and other provisions of Florida law tha t apply to private 263 |
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| 397 | + | schools, and must: 264 |
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| 398 | + | (i) Maintain a physical location in this the state at 265 |
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| 399 | + | which each student enrolled in a traditional classroom setting 266 |
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| 400 | + | has regular and direct contact with teachers. Regular and direct 267 |
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| 401 | + | contact with teachers may be satis fied for students enrolled in 268 |
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| 402 | + | a personalized education program if students have regular and 269 |
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| 403 | + | direct contact with teachers at the physical location at least 2 270 |
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| 404 | + | school days per week and the student learning plan addresses the 271 |
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| 405 | + | remaining instructional time. 272 |
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| 406 | + | 273 |
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| 407 | + | The department shall suspend the payment of funds to a private 274 |
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| 408 | + | school that knowingly fails to comply with this subsection, and 275 |
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| 409 | + | |
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| 418 | + | |
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| 419 | + | |
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| 420 | + | |
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| 421 | + | shall prohibit the school from enrolling new scholarship 276 |
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| 422 | + | students, for 1 fiscal year and until the school complies. If a 277 |
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| 423 | + | private school fails to meet the requirements of this subsection 278 |
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| 424 | + | or has consecutive years of material exceptions listed in the 279 |
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| 425 | + | report required under paragraph (q), the commissioner may 280 |
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| 426 | + | determine that the private school is ineligible to participate 281 |
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| 427 | + | in a scholarship program. 282 |
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| 428 | + | Section 4. Paragraph (e) is added to subsection (1) of 283 |
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| 429 | + | section 1002.45, Florida Statutes, to read: 284 |
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| 430 | + | 1002.45 Virtual instruction programs. — 285 |
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| 431 | + | (1) PROGRAM.— 286 |
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| 432 | + | (e) Notwithstanding any other provision of law to the 287 |
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| 433 | + | contrary, brick-and-mortar public schools, including charter 288 |
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| 434 | + | schools, may operate a hybrid model with virtual and on -premises 289 |
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| 435 | + | classes while maintaining the student as enrolled in the school. 290 |
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| 436 | + | Section 5. Subsection (16) of section 1003.01, Florida 291 |
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| 437 | + | Statutes, is amended to read: 292 |
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| 438 | + | 1003.01 Definitions.—As used in this chapter, the term: 293 |
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| 439 | + | (16) "Regular school attendance" means the actual 294 |
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| 440 | + | attendance of a student , including a student participating 295 |
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| 441 | + | remotely or through virtual instruction, during the school day 296 |
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| 442 | + | as defined by law and rules of th e State Board of Education. 297 |
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| 443 | + | Regular attendance within the intent of s. 1003.21 may be 298 |
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| 444 | + | achieved by attendance in: 299 |
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| 445 | + | (a) A public school supported by public funds; 300 |
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| 446 | + | |
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| 455 | + | |
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| 456 | + | |
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| 457 | + | |
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| 458 | + | (b) A parochial, religious, or denominational school; 301 |
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| 459 | + | (c) A private school supported in wh ole or in part by 302 |
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| 460 | + | tuition charges or by endowments or gifts; 303 |
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| 461 | + | (d) A home education program that meets the requirements 304 |
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| 462 | + | of chapter 1002; 305 |
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| 463 | + | (e) A private tutoring program that meets the requirements 306 |
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| 464 | + | of chapter 1002; or 307 |
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| 465 | + | (f) A personalized education program that meets the 308 |
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| 466 | + | requirements of s. 1002.395. 309 |
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| 467 | + | Section 6. This act shall take effect July 1, 2025. 310 |
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