Florida Senate - 2025 SB 1440 By Senator McClain 9-01742-25 20251440__ 1 A bill to be entitled 2 An act relating to educational choice; amending s. 3 1002.394, F.S.; requiring, rather than authorizing, a 4 school district to use specified reports and plans of 5 care to complete a matrix of services for a nonpublic 6 school student without an individual education plan; 7 amending s. 1002.395, F.S.; defining the term home 8 education instructional program; revising the 9 instructional materials for which Florida Tax Credit 10 Scholarship Program funds may be used; providing 11 requirements for a home education instructional 12 program; revising the tutoring programs for which such 13 scholarship program funds may be used; revising a date 14 by which parents may apply to renew their students 15 scholarships; providing that a parent is responsible 16 for customizing the home education instructional 17 program for his or her student; revising dates by 18 which an eligible nonprofit scholarship-funding 19 organization must make certain payments; providing an 20 effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1.Paragraph (b) of subsection (7) of section 25 1002.394, Florida Statutes, is amended to read: 26 1002.394The Family Empowerment Scholarship Program. 27 (7)SCHOOL DISTRICT OBLIGATIONS. 28 (b)1.The parent of a student with a disability who does 29 not have an IEP in accordance with subparagraph (3)(b)4. or who 30 seeks a reevaluation of an existing IEP may request an IEP 31 meeting and evaluation from the school district in order to 32 obtain or revise a matrix of services. The school district shall 33 notify a parent who has made a request for an IEP that the 34 district is required to complete the IEP and matrix of services 35 within 30 days after receiving notice of the parents request. 36 The school district shall conduct a meeting and develop an IEP 37 and a matrix of services within 30 days after receipt of the 38 parents request in accordance with State Board of Education 39 rules. The school district shall must accept the diagnosis and 40 consider the service plan of the licensed professional providing 41 the diagnosis pursuant to subparagraph (3)(b)4. The school 42 district shall must complete a matrix that assigns the student 43 to one of the levels of service as they existed before the 2000 44 2001 school year. For a nonpublic school student without an IEP, 45 the school district shall is authorized to use the evaluation 46 reports and plans of care developed by the licensed 47 professionals under subparagraph (4)(b)3. to complete the matrix 48 of services. 49 2.a.The school district shall must provide the students 50 parent and the department with the students matrix level within 51 10 calendar days after its completion. 52 b.The department shall notify the parent and the 53 organization of the amount of the funds awarded within 10 days 54 after receiving the school districts notification of the 55 students matrix level. 56 c.A school district may change a matrix of services only 57 if the change is a result of an IEP reevaluation or to correct a 58 technical, typographical, or calculation error. 59 Section 2.Present paragraphs (j) through (p) of subsection 60 (2) of section 1002.395, Florida Statutes, are redesignated as 61 paragraphs (k) through (q), respectively, a new paragraph (j) is 62 added to that subsection, and paragraphs (d) and (e) of 63 subsection (6), paragraph (a) of subsection (7), and paragraph 64 (d) of subsection (11) of that section are amended, to read: 65 1002.395Florida Tax Credit Scholarship Program. 66 (2)DEFINITIONS.As used in this section, the term: 67 (j)Home education instructional program means a business 68 entity registered with the Division of Corporations of the 69 Department of State which offers classes and activities at a 70 nonresidential location for parents to supplement and enhance 71 their childs home education program. 72 (6)OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING 73 ORGANIZATIONS.An eligible nonprofit scholarship-funding 74 organization: 75 (d)1.For the 2023-2024 school year, may fund no more than 76 20,000 scholarships for students who are enrolled pursuant to 77 paragraph (7)(b). The number of scholarships funded for such 78 students may increase by 40,000 in each subsequent school year. 79 This subparagraph is repealed July 1, 2027. 80 2.Shall establish a process for parents who are in 81 compliance with paragraph (7)(a) to renew their students 82 scholarships. Renewal applications for the 2025-2026 school year 83 and thereafter must provide for a renewal timeline beginning 84 February 1 of the prior school year and ending April 30 of the 85 prior school year. A students renewal is contingent upon an 86 eligible private school providing confirmation of admission 87 pursuant to subsection (8). The process must require that 88 parents confirm that the scholarship is being renewed or 89 declined by May 31. 90 3.Shall establish a process that allows a parent to apply 91 for a new scholarship. The process must be in a manner that 92 creates a written or electronic record of the application 93 request and the date of receipt of the application request. The 94 process must require that parents confirm that the scholarship 95 is being accepted or declined by a date set by the organization. 96 4.Shall Must establish and maintain separate scholarship 97 accounts from eligible contributions for each eligible student. 98 For each account, the organization shall must maintain a record 99 of accrued interest retained in the students account. The 100 organization shall must verify that scholarship funds are used 101 for: 102 a.Tuition and fees for full-time or part-time enrollment 103 in an eligible private school. 104 b.Instructional materials, including digital materials, 105 digital devices, peripheral devices needed to access materials, 106 and Internet resources. 107 c.Curriculum as defined in s. 1002.394(2). 108 d.Tuition and fees associated with full-time or part-time 109 enrollment in a home education instructional program that meets 110 the following requirements: 111 (I)Is a program selected by parents as a part of their 112 students parent-directed instruction. Programs do not include 113 private schools, virtual schools, and public or charter schools. 114 (II)Provides courses and activities that enhance or enrich 115 the students home education program or personalized education 116 program. 117 (III)Has publicly available and reviewable program 118 descriptions of courses and activities. 119 (IV)Has a published tuition and fee schedule. 120 (V)Makes tuition and fees payable to the registered 121 business entity, not to an individual.; 122 e.An eligible postsecondary educational institution or a 123 program offered by the postsecondary educational institution, 124 unless the program is subject to s. 1009.25 or reimbursed 125 pursuant to s. 1009.30; an approved preapprenticeship program as 126 defined in s. 446.021(5) which is not subject to s. 1009.25 and 127 complies with all applicable requirements of the Department of 128 Education pursuant to chapter 1005; a private tutoring program 129 authorized under s. 1002.43 or an eligible national tutoring 130 organization; a virtual program offered by a department-approved 131 private online provider that meets the provider qualifications 132 specified in s. 1002.45(2)(a); the Florida Virtual School as a 133 private paying student; or an approved online course offered 134 pursuant to s. 1003.499 or s. 1004.0961. 135 f.e.Fees for nationally standardized, norm-referenced 136 achievement tests, Advanced Placement Examinations, industry 137 certification examinations, assessments related to postsecondary 138 education, or other assessments. 139 g.f.Contracted services provided by a public school or 140 school district, including classes. A student who receives 141 contracted services under this sub-subparagraph is not 142 considered enrolled in a public school for eligibility purposes 143 as specified in subsection (11) but rather attending a public 144 school on a part-time basis as authorized under s. 1002.44. 145 h.g.Tuition and fees for part-time tutoring services or 146 fees for services provided by a choice navigator. Such services 147 must be provided by a person who holds a valid Florida 148 educators certificate pursuant to s. 1012.56, a person who 149 holds an adjunct teaching certificate pursuant to s. 1012.57, a 150 person who has a bachelors degree or a graduate degree in the 151 subject area in which instruction is given, a person who has 152 demonstrated a mastery of subject area knowledge pursuant to s. 153 1012.56(5), or a person certified by a nationally or 154 internationally recognized research-based training program as 155 approved by the Department of Education or an eligible national 156 tutoring organization. As used in this paragraph, the term 157 part-time tutoring services does not qualify as regular school 158 attendance as defined in s. 1003.01(16)(e). 159 (e)For students determined eligible pursuant to paragraph 160 (7)(b), shall must: 161 1.Establish a process for parents who are in compliance 162 with subparagraph (7)(b)1. to apply for a new scholarship. New 163 scholarship applications for the 2025-2026 school year and 164 thereafter must provide for an application timeline beginning 165 February 1 of the prior school year and ending April 30 of the 166 prior school year. The process must require that parents confirm 167 that the scholarship is being accepted or declined by May 31. 168 2.Establish a process for parents who are in compliance 169 with paragraph (7)(b) to renew their students scholarships. 170 Renewal scholarship applications for the 2025-2026 school year 171 and thereafter must provide for a renewal timeline beginning 172 February 1 of the prior school year and ending June April 30 of 173 the prior school year, unless scholarships are still available. 174 The process must require that parents confirm that the 175 scholarship is being renewed or declined by May 31. 176 3.Maintain a signed agreement from the parent which 177 constitutes compliance with the attendance requirements under 178 ss. 1003.01(16) and 1003.21(1). 179 4.Receive eligible student test scores and, beginning with 180 the 2027-2028 school year, by August 15, annually report test 181 scores for students pursuant to paragraph (7)(b) to a state 182 university pursuant to paragraph (9)(f). 183 5.Provide parents with information, guidance, and support 184 to create and annually update a student learning plan for their 185 student. The organization must maintain the plan and allow 186 parents to electronically submit, access, and revise the plan 187 continuously. 188 6.Upon submission by the parent of an annual student 189 learning plan, fund a scholarship for a student determined 190 eligible. 191 192 Information and documentation provided to the Department of 193 Education and the Auditor General relating to the identity of a 194 taxpayer that provides an eligible contribution under this 195 section shall remain confidential at all times in accordance 196 with s. 213.053. 197 (7)PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 198 PARTICIPATION. 199 (a)A parent who applies for a scholarship whose student 200 will be enrolled full time in an eligible private school must: 201 1.Select an eligible private school and apply for the 202 admission of his or her child. 203 2.Request the scholarship by the date established by the 204 organization in a manner that creates a written or electronic 205 record of the request and the date of receipt of the request. 206 3.a.Beginning with new applications for the 2025-2026 207 school year and thereafter, notify the organization by a date 208 set by the organization that the scholarship is being accepted 209 or declined. 210 b.Beginning with renewal applications for the 2025-2026 211 school year and thereafter, notify the organization by May 31 212 that the scholarship is being renewed or declined. 213 4.Inform the applicable school district when the parent 214 withdraws his or her student from a public school to attend an 215 eligible private school. 216 5.Require his or her student participating in the program 217 to remain in attendance at the eligible private school 218 throughout the school year unless excused by the school for 219 illness or other good cause and comply with the private schools 220 published policies. 221 6.Meet with the eligible private schools principal or the 222 principals designee to review the schools academic programs 223 and policies, specialized services, code of student conduct, and 224 attendance policies before enrollment. The parent is responsible 225 for customizing the home education instructional program for his 226 or her student. 227 7.Require his or her student participating in the program 228 to take the norm-referenced assessment offered by the 229 participating private school. The parent may also choose to have 230 the student participate in the statewide assessments pursuant to 231 s. 1008.22. If the parent requests that the student 232 participating in the program take statewide assessments pursuant 233 to s. 1008.22 and the participating private school has not 234 chosen to offer and administer the statewide assessments, the 235 parent is responsible for transporting the student to the 236 assessment site designated by the school district. 237 8.Approve each payment before the scholarship funds may be 238 deposited by funds transfer. The parent may not designate any 239 entity or individual associated with the participating private 240 school as the parents attorney in fact to approve a funds 241 transfer. A participant who fails to comply with this paragraph 242 forfeits the scholarship. 243 9.Authorize the nonprofit scholarship-funding organization 244 to access information needed for income eligibility 245 determination and verification held by other state or federal 246 agencies, including the Department of Revenue, the Department of 247 Children and Families, the Department of Education, the 248 Department of Commerce, and the Agency for Health Care 249 Administration, for students seeking priority eligibility. 250 10.Agree to have the organization commit scholarship funds 251 on behalf of his or her student for tuition and fees for which 252 the parent is responsible for payment at the participating 253 private school before using scholarship account funds for 254 additional authorized uses under paragraph (6)(d). A parent is 255 responsible for all eligible expenses in excess of the amount of 256 the scholarship. 257 11.Comply with the scholarship application and renewal 258 processes and requirements established by the organization. 259 260 An eligible nonprofit scholarship-funding organization may not 261 further regulate, exercise control over, or require 262 documentation beyond the requirements of this subsection unless 263 the regulation, control, or documentation is necessary for 264 participation in the program. 265 (11)SCHOLARSHIP AMOUNT AND PAYMENT. 266 (d)Payment of the scholarship shall be made by the 267 eligible nonprofit scholarship-funding organization no less 268 frequently than on a quarterly basis, as follows: August 1, 269 November 1, February 1, and April 1 of each school year in which 270 the scholarship is in force. 271 Section 3.This act shall take effect July 1, 2025.