Florida Senate - 2025 SB 1462 By Senator Burgess 23-00521C-25 20251462__ 1 A bill to be entitled 2 An act relating to virtual instruction; amending ss. 3 1002.394 and 1002.395, F.S.; authorizing students to 4 enroll in virtual programs through private schools 5 using Family Empowerment Scholarship and Florida Tax 6 Credit Scholarship awards, respectively; amending s. 7 1002.421, F.S.; conforming a provision to changes made 8 by the act; amending s. 1002.45, F.S.; authorizing 9 public schools to operate hybrid models of education 10 while maintaining student enrollment; amending s. 11 1003.01, F.S.; revising the definition of the term 12 regular school attendance to conform to changes made 13 by the act; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1.Subsection (4) of section 1002.394, Florida 18 Statutes, is amended to read: 19 1002.394The Family Empowerment Scholarship Program. 20 (4)AUTHORIZED USES OF PROGRAM FUNDS. 21 (a)Program funds awarded to a student determined eligible 22 pursuant to paragraph (3)(a) may be used for: 23 1.Tuition and fees at an eligible private school. 24 2.Instructional materials, including digital materials and 25 Internet resources. 26 3.Curriculum as defined in subsection (2). 27 4.Tuition and fees associated with full-time or part-time 28 enrollment in an eligible postsecondary educational institution 29 or a program offered by the postsecondary educational 30 institution, unless the program is subject to s. 1009.25 or 31 reimbursed pursuant to s. 1009.30; an approved preapprenticeship 32 program as defined in s. 446.021(5) which is not subject to s. 33 1009.25 and complies with all applicable requirements of the 34 department pursuant to chapter 1005; a private tutoring program 35 authorized under s. 1002.43; a virtual program offered by a 36 department-approved private online provider that meets the 37 private school eligibility requirements specified in s. 38 1002.421(1)(a)-(s), with the exception of s. 1002.421(1)(i) and 39 any other provisions of law that conflict with a virtual 40 education; a full-time virtual program offered by a private 41 online provider that meets the private school eligibility 42 requirements specified in s. 1002.395(8), with the exception of 43 s. 1002.421(1)(i) and any other provisions of law that conflict 44 with a full-time virtual education provider qualifications 45 specified in s. 1002.45(2)(a); the Florida Virtual School as a 46 private paying student; or an approved online course offered 47 pursuant to s. 1003.499 or s. 1004.0961. 48 5.Fees for nationally standardized, norm-referenced 49 achievement tests, Advanced Placement Examinations, industry 50 certification examinations, assessments related to postsecondary 51 education, or other assessments. 52 6.Contracted services provided by a public school or 53 school district, including classes. A student who receives 54 contracted services under this subparagraph is not considered 55 enrolled in a public school for eligibility purposes as 56 specified in subsection (6) but rather attending a public school 57 on a part-time basis as authorized under s. 1002.44. 58 7.Tuition and fees for part-time tutoring services or fees 59 for services provided by a choice navigator. Such services must 60 be provided by a person who holds a valid Florida educators 61 certificate pursuant to s. 1012.56, a person who holds an 62 adjunct teaching certificate pursuant to s. 1012.57, a person 63 who has a bachelors degree or a graduate degree in the subject 64 area in which instruction is given, a person who has 65 demonstrated a mastery of subject area knowledge pursuant to s. 66 1012.56(5), or a person certified by a nationally or 67 internationally recognized research-based training program as 68 approved by the department. As used in this subparagraph, the 69 term part-time tutoring services does not qualify as regular 70 school attendance as defined in s. 1003.01(16)(e). 71 (b)Program funds awarded to a student with a disability 72 determined eligible pursuant to paragraph (3)(b) may be used for 73 the following purposes: 74 1.Instructional materials, including digital devices, 75 digital periphery devices, and assistive technology devices that 76 allow a student to access instruction or instructional content 77 and training on the use of and maintenance agreements for these 78 devices. 79 2.Curriculum as defined in subsection (2). 80 3.Specialized services by approved providers or by a 81 hospital in this state which are selected by the parent. These 82 specialized services may include, but are not limited to: 83 a.Applied behavior analysis services as provided in ss. 84 627.6686 and 641.31098. 85 b.Services provided by speech-language pathologists as 86 defined in s. 468.1125(8). 87 c.Occupational therapy as defined in s. 468.203. 88 d.Services provided by physical therapists as defined in 89 s. 486.021(8). 90 e.Services provided by listening and spoken language 91 specialists and an appropriate acoustical environment for a 92 child who has a hearing impairment, including deafness, and who 93 has received an implant or assistive hearing device. 94 4.Tuition and fees associated with full-time or part-time 95 enrollment in a home education program; an eligible private 96 school; an eligible postsecondary educational institution or a 97 program offered by the postsecondary educational institution, 98 unless the program is subject to s. 1009.25 or reimbursed 99 pursuant to s. 1009.30; an approved preapprenticeship program as 100 defined in s. 446.021(5) which is not subject to s. 1009.25 and 101 complies with all applicable requirements of the department 102 pursuant to chapter 1005; a private tutoring program authorized 103 under s. 1002.43; a virtual program offered by a department 104 approved private online provider that meets the private school 105 eligibility requirements provider qualifications specified in s. 106 1002.421(1)(a)-(s), with the exception of s. 1002.421(1)(i) and 107 any other provisions of law that conflict with a virtual 108 education; a full-time virtual program offered by a private 109 online provider that meets the private school eligibility 110 requirements specified in s. 1002.395(8), with the exception of 111 s. 1002.421(1)(i) and any other provisions of law that conflict 112 with a full-time virtual education s. 1002.45(2)(a); the Florida 113 Virtual School as a private paying student; or an approved 114 online course offered pursuant to s. 1003.499 or s. 1004.0961. 115 5.Fees for nationally standardized, norm-referenced 116 achievement tests, Advanced Placement Examinations, industry 117 certification examinations, assessments related to postsecondary 118 education, or other assessments. 119 6.Contributions to the Stanley G. Tate Florida Prepaid 120 College Program pursuant to s. 1009.98 or the Florida College 121 Savings Program pursuant to s. 1009.981 for the benefit of the 122 eligible student. 123 7.Contracted services provided by a public school or 124 school district, including classes. A student who receives 125 services under a contract under this paragraph is not considered 126 enrolled in a public school for eligibility purposes as 127 specified in subsection (6) but rather attending a public school 128 on a part-time basis as authorized under s. 1002.44. 129 8.Tuition and fees for part-time tutoring services or fees 130 for services provided by a choice navigator. Such services must 131 be provided by a person who holds a valid Florida educators 132 certificate pursuant to s. 1012.56, a person who holds an 133 adjunct teaching certificate pursuant to s. 1012.57, a person 134 who has a bachelors degree or a graduate degree in the subject 135 area in which instruction is given, a person who has 136 demonstrated a mastery of subject area knowledge pursuant to s. 137 1012.56(5), or a person certified by a nationally or 138 internationally recognized research-based training program as 139 approved by the department. As used in this subparagraph, the 140 term part-time tutoring services does not qualify as regular 141 school attendance as defined in s. 1003.01(16)(e). 142 9.Fees for specialized summer education programs. 143 10.Fees for specialized after-school education programs. 144 11.Transition services provided by job coaches. Transition 145 services are a coordinated set of activities which are focused 146 on improving the academic and functional achievement of a 147 student with a disability to facilitate the students movement 148 from school to postschool activities and are based on the 149 students needs. 150 12.Fees for an annual evaluation of educational progress 151 by a state-certified teacher under s. 1002.41(1)(f), if this 152 option is chosen for a home education student. 153 13.Tuition and fees associated with programs offered by 154 Voluntary Prekindergarten Education Program providers approved 155 pursuant to s. 1002.55, school readiness providers approved 156 pursuant to s. 1002.88, and prekindergarten programs offered by 157 an eligible private school. 158 14.Fees for services provided at a center that is a member 159 of the Professional Association of Therapeutic Horsemanship 160 International. 161 15.Fees for services provided by a therapist who is 162 certified by the Certification Board for Music Therapists or 163 credentialed by the Art Therapy Credentials Board, Inc. 164 Section 2.Paragraph (d) of subsection (6) of section 165 1002.395, Florida Statutes, is amended to read: 166 1002.395Florida Tax Credit Scholarship Program. 167 (6)OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING 168 ORGANIZATIONS.An eligible nonprofit scholarship-funding 169 organization: 170 (d)1.For the 2023-2024 school year, may fund no more than 171 20,000 scholarships for students who are enrolled pursuant to 172 paragraph (7)(b). The number of scholarships funded for such 173 students may increase by 40,000 in each subsequent school year. 174 This subparagraph is repealed July 1, 2027. 175 2.Shall establish a process for parents who are in 176 compliance with paragraph (7)(a) to renew their students 177 scholarships. Renewal applications for the 2025-2026 school year 178 and thereafter must provide for a renewal timeline beginning 179 February 1 of the prior school year and ending April 30 of the 180 prior school year. A students renewal is contingent upon an 181 eligible private school providing confirmation of admission 182 pursuant to subsection (8). The process must require that 183 parents confirm that the scholarship is being renewed or 184 declined by May 31. 185 3.Shall establish a process that allows a parent to apply 186 for a new scholarship. The process must be in a manner that 187 creates a written or electronic record of the application 188 request and the date of receipt of the application request. The 189 process must require that parents confirm that the scholarship 190 is being accepted or declined by a date set by the organization. 191 4.Must establish and maintain separate scholarship 192 accounts from eligible contributions for each eligible student. 193 For each account, the organization must maintain a record of 194 accrued interest retained in the students account. The 195 organization must verify that scholarship funds are used for: 196 a.Tuition and fees for full-time or part-time enrollment 197 in an eligible private school. 198 b.Instructional materials, including digital materials and 199 Internet resources. 200 c.Curriculum as defined in s. 1002.394(2). 201 d.Tuition and fees associated with full-time or part-time 202 enrollment in a home education instructional program; an 203 eligible postsecondary educational institution or a program 204 offered by the postsecondary educational institution, unless the 205 program is subject to s. 1009.25 or reimbursed pursuant to s. 206 1009.30; an approved preapprenticeship program as defined in s. 207 446.021(5) which is not subject to s. 1009.25 and complies with 208 all applicable requirements of the Department of Education 209 pursuant to chapter 1005; a private tutoring program authorized 210 under s. 1002.43; a virtual program offered by a department 211 approved private online provider that meets the private school 212 eligibility requirements provider qualifications specified in s. 213 1002.421(1)(a)-(s), with the exception of s. 1002.421(1)(i) and 214 any other provisions of law that conflict with a virtual 215 education; a full-time virtual program offered by a private 216 online provider that meets the private school eligibility 217 requirements specified in s. 1002.395(8), with the exception of 218 s. 1002.421(1)(i) and any other provisions of law that conflict 219 with a full-time virtual education s. 1002.45(2)(a); the Florida 220 Virtual School as a private paying student; or an approved 221 online course offered pursuant to s. 1003.499 or s. 1004.0961. 222 e.Fees for nationally standardized, norm-referenced 223 achievement tests, Advanced Placement Examinations, industry 224 certification examinations, assessments related to postsecondary 225 education, or other assessments. 226 f.Contracted services provided by a public school or 227 school district, including classes. A student who receives 228 contracted services under this sub-subparagraph is not 229 considered enrolled in a public school for eligibility purposes 230 as specified in subsection (11) but rather attending a public 231 school on a part-time basis as authorized under s. 1002.44. 232 g.Tuition and fees for part-time tutoring services or fees 233 for services provided by a choice navigator. Such services must 234 be provided by a person who holds a valid Florida educators 235 certificate pursuant to s. 1012.56, a person who holds an 236 adjunct teaching certificate pursuant to s. 1012.57, a person 237 who has a bachelors degree or a graduate degree in the subject 238 area in which instruction is given, a person who has 239 demonstrated a mastery of subject area knowledge pursuant to s. 240 1012.56(5), or a person certified by a nationally or 241 internationally recognized research-based training program as 242 approved by the Department of Education. As used in this 243 paragraph, the term part-time tutoring services does not 244 qualify as regular school attendance as defined in s. 245 1003.01(16)(e). 246 247 Information and documentation provided to the Department of 248 Education and the Auditor General relating to the identity of a 249 taxpayer that provides an eligible contribution under this 250 section shall remain confidential at all times in accordance 251 with s. 213.053. 252 Section 3.Paragraph (i) of subsection (1) of section 253 1002.421, Florida Statutes, is amended to read: 254 1002.421State school choice scholarship program 255 accountability and oversight. 256 (1)PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.A private 257 school participating in an educational scholarship program 258 established pursuant to this chapter must be a private school as 259 defined in s. 1002.01 in this state, be registered, and be in 260 compliance with all requirements of this section in addition to 261 private school requirements outlined in s. 1002.42, specific 262 requirements identified within respective scholarship program 263 laws, and other provisions of Florida law that apply to private 264 schools, and must: 265 (i)Maintain a physical location in this the state at which 266 each student enrolled in a traditional classroom setting has 267 regular and direct contact with teachers. Regular and direct 268 contact with teachers may be satisfied for students enrolled in 269 a personalized education program if students have regular and 270 direct contact with teachers at the physical location at least 2 271 school days per week and the student learning plan addresses the 272 remaining instructional time. 273 274 The department shall suspend the payment of funds to a private 275 school that knowingly fails to comply with this subsection, and 276 shall prohibit the school from enrolling new scholarship 277 students, for 1 fiscal year and until the school complies. If a 278 private school fails to meet the requirements of this subsection 279 or has consecutive years of material exceptions listed in the 280 report required under paragraph (q), the commissioner may 281 determine that the private school is ineligible to participate 282 in a scholarship program. 283 Section 4.Paragraph (e) is added to subsection (1) of 284 section 1002.45, Florida Statutes, to read: 285 1002.45Virtual instruction programs. 286 (1)PROGRAM. 287 (e)Notwithstanding any other provision of law to the 288 contrary, brick-and-mortar public schools, including charter 289 schools, may operate a hybrid model with virtual and on-premises 290 classes while maintaining the student as enrolled in the school. 291 Section 5.Subsection (16) of section 1003.01, Florida 292 Statutes, is amended to read: 293 1003.01Definitions.As used in this chapter, the term: 294 (16)Regular school attendance means the actual 295 attendance of a student, including a student participating 296 remotely or through virtual instruction, during the school day 297 as defined by law and rules of the State Board of Education. 298 Regular attendance within the intent of s. 1003.21 may be 299 achieved by attendance in: 300 (a)A public school supported by public funds; 301 (b)A parochial, religious, or denominational school; 302 (c)A private school supported in whole or in part by 303 tuition charges or by endowments or gifts; 304 (d)A home education program that meets the requirements of 305 chapter 1002; 306 (e)A private tutoring program that meets the requirements 307 of chapter 1002; or 308 (f)A personalized education program that meets the 309 requirements of s. 1002.395. 310 Section 6.This act shall take effect July 1, 2025.