CS/SB 318 full text · Session Watch

CS for SB 318 First Engrossed 2026318e1

1 A bill to be entitled

2 An act relating to educational scholarship programs;

3 creating s. 1011.687, F.S.; creating a categorical

4 fund for implementing the Family Empowerment

5 Scholarship Program; providing requirements for the

6 use and disbursement of funds; defining the term

7 “full-time equivalent student”; requiring the

8 Department of Education to release funds if certain

9 criteria are met; providing requirements for the

10 release of each payment; providing requirements for

11 excess funds; providing that the department has access

12 to certain records; creating s. 1011.689, F.S.;

13 creating the educational enrollment stabilization

14 program to provide supplemental state funds to address

15 changes in full-time equivalent student enrollment;

16 authorizing the department to distribute funds to

17 school districts under specified conditions;

18 authorizing the department to provide supplemental

19 payments to school districts; requiring the department

20 to ensure funding is available for certain scholarship

21 programs; requiring the department to appropriate

22 funds from the General Appropriations Act to keep the

23 educational enrollment stabilization program at a

24 minimum balance; amending s. 1002.40, F.S.; renaming

25 the Hope Scholarship Program as the Hope Program;

26 amending s. 1002.421, F.S.; defining terms; requiring

27 an eligible nonprofit scholarship-funding organization

28 to provide a parent with certain information on

29 scholarship programs; requiring an eligible nonprofit

30 scholarship-funding organization to create a single

31 application for all educational scholarship programs;

32 providing requirements for such application;

33 prohibiting an eligible nonprofit scholarship-funding

34 organization from charging a fee for the application;

35 requiring an eligible nonprofit scholarship-funding

36 organization to establish two application approval

37 windows; providing an exception; providing deadlines

38 for such application approval windows; requiring an

39 eligible nonprofit scholarship-funding organization to

40 review applications and award scholarships in a

41 specified order of priority; requiring an eligible

42 nonprofit scholarship-funding organization to award

43 scholarships to newly eligible students on a first

44 come, first-served basis; requiring a parent to notify

45 the eligible nonprofit scholarship-funding

46 organization within a specified timeframe if a

47 scholarship offer is accepted or declined; specifying

48 fund distribution for the scholarship terms;

49 prohibiting a parent from applying for multiple

50 scholarships for an individual student at the same

51 time; authorizing specified students to apply for a

52 scholarship at any time but only receive payments

53 prospectively; prohibiting an eligible nonprofit

54 scholarship-funding organization from restricting or

55 reserving scholarships for use at a particular school;

56 requiring such organization to notify each parent of a

57 scholarship applicant that participation in the

58 program does not guarantee enrollment at a private

59 school; providing that a parent who submitted an

60 application by a specified date need not submit a new

61 application; authorizing a parent to withdraw his or

62 her application and reapply; prohibiting an eligible

63 nonprofit scholarship-funding organization from

64 requiring documentation beyond the requirements of the

65 scholarship program; requiring an eligible nonprofit

66 scholarship-funding organization to verify a student’s

67 eligibility upon receipt of an application; requiring

68 an eligible nonprofit scholarship-funding organization

69 to send a list of verified eligible students to the

70 department by specified dates; requiring the

71 department to assign each verified eligible student a

72 Florida student identification number; requiring the

73 organization to use such number for tracking and

74 reporting scholarship data; requiring the department

75 to cross-check each list of verified eligible students

76 with certain other lists; requiring the department to

77 send the cross-checked list to the applicable school

78 district; requiring the department to require the

79 organization to suspend payments for any period of

80 time the student is found to be ineligible; requiring

81 the department to notify an eligible nonprofit

82 scholarship-funding organization of specified

83 information; requiring the department to provide

84 certain lists of students to certain parties;

85 requiring an eligible nonprofit scholarship-funding

86 organization to verify a student’s continued

87 eligibility before disbursing each payment; providing

88 criteria for verifying continued eligibility;

89 requiring parents of students receiving scholarship

90 payments to verify specified information; providing

91 criteria for verifying continued eligibility;

92 requiring parents of students receiving scholarship

93 payments to verify specified information; providing

94 that the scholarship program award amounts are the

95 amounts provided in the General Appropriations Act;

96 providing parameters for the calculation of the

97 scholarship amounts for certain students; requiring an

98 eligible nonprofit scholarship-funding organization to

99 establish and maintain a scholarship account for each

100 student; providing requirements for such accounts;

101 providing that accrued interest is in addition to and

102 not part of a student’s account; providing that

103 program funds include awarded funds and accrued

104 interest and are available only for authorized

105 expenditures; requiring eligible nonprofit

106 scholarship-funding organizations to make payments by

107 funds transfer; providing requirements for such funds

108 transfer; prohibiting a student’s scholarship award

109 from being reduced to cover certain fees; requiring

110 that commodities or services related to the funds

111 transfer system be procured by a specified method;

112 providing an exception; prohibiting an eligible

113 nonprofit scholarship-funding organization from

114 transferring funds to an account that has a balance in

115 excess of a specified amount; specifying certain

116 qualifications for educational expenditures; providing

117 that a parent who fails to comply with such

118 qualifications forfeits the scholarship; authorizing

119 certain students in a scholarship program to take

120 specified tests and certain assessments; providing an

121 exception; requiring a participating private school to

122 administer or provide for students to take specified

123 tests and assessments; requiring a participating

124 private school to submit a certain written request to

125 the department by a specified date; requiring a school

126 district to administer tests and assessments at a

127 participating private school; requiring an owner or

128 operator or individual providing services to undergo a

129 background screening; providing requirements for the

130 submission of fingerprints; requiring the Department

131 of Law Enforcement to retain such fingerprints in a

132 specified manner; providing screening requirements for

133 specified individuals; prohibiting such owner or

134 operator from transferring ownership or management

135 authority to a relative; defining the term “relative”;

136 requiring an eligible nonprofit scholarship-funding

137 organization to report the annual audit of background

138 screening results to the Department of Education;

139 providing that a participating private school may be

140 sectarian or nonsectarian; revising information

141 required to be provided to the department by a private

142 school; deleting obsolete language; providing

143 construction; requiring the department to publish and

144 update information on its website relating to

145 scholarship programs; requiring the department to

146 investigate complaints; requiring the department to

147 maintain and annually publish a list of tests that

148 satisfy a specified requirement; requiring the

149 department to develop a standard withdrawal form for

150 parents withdrawing a student from public school;

151 providing requirements for such form; requiring the

152 department to produce a specified annual report;

153 authorizing the department to suspend or revoke

154 program participation or the use of program funds for

155 specified entities; requiring the department to

156 develop a uniform reimbursement process; requiring an

157 organization, by a specified date, to approve, deny,

158 or request more information relating to a

159 reimbursement request; requiring the department to

160 annually report to the state its accountability

161 actions; deleting the definition of the term “owner or

162 operator”; requiring a school district, by a specified

163 date, to inform certain households of eligibility to

164 apply for a scholarship program; requiring the school

165 district to coordinate with the department to provide

166 a participating private school with statewide

167 assessments; requiring a school district to publish

168 information about a scholarship program on its

169 website; requiring a school district to provide a

170 parent with the withdrawal form upon request; deleting

171 obsolete language; amending s. 1002.394, F.S.;

172 deleting obsolete language; providing a title for a

173 scholarship granted to a student who meets specified

174 eligibility requirements; providing that authorized

175 uses of program funds include digital devices;

176 providing that authorized uses of program funds

177 include membership dues and activity fees for career

178 and technical student organizations; providing that

179 tuition and fees that meet certain requirements are

180 eligible for program funds; revising conditions under

181 which a student is no longer eligible for scholarship

182 funding; requiring an eligible nonprofit scholarship

183 funding organization to notify a parent before closing

184 a student’s account; requiring an eligible nonprofit

185 scholarship-funding organization to report certain

186 information to the Department of Education regarding

187 scholarship accounts closed under certain

188 circumstances; requiring an eligible nonprofit

189 scholarship-funding organization to notify a parent

190 if, upon a student reaching a specified age, a balance

191 exists in the student’s account, the amount of the

192 balance, and how the funds may be used; requiring an

193 organization to annually report to the department the

194 number of scholarship accounts closed under specified

195 circumstances; requiring an organization to notify the

196 department when a student withdraws from a scholarship

197 program; deleting a provision allowing a public school

198 student to receive a scholarship for transportation;

199 revising the time frame for a school district to

200 notify a parent of certain information; revising the

201 percentage of funds that can be used for certain

202 purposes; deleting obsolete language; amending s.

203 1002.395, F.S.; deleting obsolete language; deleting

204 provisions related to scholarship priority; deleting a

205 provision allowing a public school student to receive

206 a scholarship for transportation; revising a provision

207 requiring eligible nonprofit scholarship-funding

208 organizations to verify that scholarship funds are

209 used for specified purposes; requiring an eligible

210 nonprofit scholarship-funding organization to report

211 to the department the total number of scholarship

212 accounts closed due to certain reasons; amending s.

213 1003.485, F.S.; conforming a cross-reference; amending

214 s. 1008.25, F.S.; making a conforming change; amending

215 s. 1010.305, F.S.; requiring the Auditor General to

216 annually, rather than periodically, examine the

217 records of eligible nonprofit scholarship-funding

218 organizations; providing for appropriate adjustments

219 to be made and excess funds to be deducted if criteria

220 and procedures have not been followed by an eligible

221 nonprofit scholarship-funding organization; amending

222 s. 1011.61, F.S.; conforming a cross-reference;

223 amending s. 1011.62, F.S.; deleting a requirement with

224 respect to full-time equivalent student survey data;

225 deleting obsolete language relating to the state

226 funded discretionary supplement; amending s. 11.45,

227 F.S.; conforming a cross-reference; requiring the

228 Auditor General to annually conduct an audit of

229 specified records; amending ss. 212.099, 402.22,

230 1002.45, 1003.4935, and 1010.20, F.S.; conforming

231 cross-references; providing legislative findings;

232 requiring the Department of Education to provide a

233 specified report regarding recommendations for

234 implementing the educational scholarship programs;

235 providing requirements for the recommendations;

236 authorizing the department to make recommendations to

237 specified entities; requiring certain contracts to be

238 awarded through a competitive procurement process;

239 requiring the department to include an outline of

240 requirements for each program component; providing

241 requirements for the outline; requiring the department

242 to include recommendations for eligibility

243 requirements of scholarship-funding organizations

244 under specified circumstances; requiring the

245 department to include a specified plan in its report;

246 requiring the department to provide, by a specified

247 date, the report to the Governor and the Legislature;

248 providing for expiration; providing an effective date.

250 Be It Enacted by the Legislature of the State of Florida:

252 Section 1. Section 1011.687, Florida Statutes, is created

253 to read:

254 1011.687 Educational scholarship programs; categorical

255 fund.—

256 (1) There is created a categorical fund for implementing

257 the Family Empowerment Scholarship Program pursuant to s.

258 1002.394. These funds shall be in the amount provided in the

259 General Appropriations Act and any additional funds transferred

260 from the educational enrollment stabilization program pursuant

261 to s. 1011.689.

262 (2) Educational scholarship funding categorical funds shall

263 be used to award scholarships as required in s. 1002.394 and in

264 accordance with s. 1002.421. Funds shall be disbursed from this

265 fund based on the full-time equivalent scholarship students

266 forecasted or reported as participating in the program.

267 (3) A “full-time equivalent student” for a student

268 participating in a scholarship program under s. 1002.394 or s.

269 1002.395 means a student who receives all 10 scholarship

270 payments that are distributed on a monthly basis. A student who

271 receives fewer than 10 payments shall generate a fraction of

272 full-time equivalent student membership proportional to the

273 number of payments received.

274 (4) For the purposes of calculating a scholarship award

275 amount, a full-time equivalent student shall be based upon the

276 student’s county of residence and equal to the calculation

277 provided under s. 1002.421(5)(a).

278 (5) Contingent upon verification that the organization is

279 in compliance with this section and ss. 1002.421, 1002.394, and

280 1002.395, the department shall release funds from the

281 categorical fund on a quarterly basis to the organization. The

282 funds shall be held by the organization for deposit into the

283 students’ accounts in accordance with the payment schedules and

284 may not include any funding for scholarship awards for any time

285 preceding a student’s verified eligibility for or acceptance of

286 a scholarship.

287 (a) The first quarter release payment to the organization

288 shall be based upon the amount of full-time equivalent students

289 forecasted as provided in the General Appropriations Act and in

290 an amount sufficient to make scholarship payments through the

291 third payment installment. The first quarter release payment

292 must be released no later than July 30.

293 (b) The second quarter release payment to the organization

294 shall be based upon the amount of full-time equivalent students

295 cross-checked by the department pursuant to s. 1002.421(3) and

296 in an amount sufficient to make scholarship payments through the

297 fifth payment installment. The second quarter release payment

298 must be released no later than November 1.

299 (c) The third quarter release payment to the organization

300 shall be based upon the amount of full-time equivalent students

301 cross-checked by the department pursuant to s. 1002.421(3) and

302 in an amount sufficient to make scholarship payments through the

303 eighth payment installment. The third quarter release payment

304 must be released no later than January 1.

305 (d) The fourth quarter release payment to the organization

306 shall be based upon the amount of full-time equivalent students

307 cross-checked by the department pursuant to s. 1002.421(3) and

308 in an amount sufficient to make scholarship payments through the

309 tenth payment installment. The fourth quarter release payment

310 must be released no later than April 1.

311 (6) If the funds released to the organization are in excess

312 of the funds certified to the department by the organization as

313 the amount distributed for student scholarships in accordance

314 with scholarship program requirements, the organization must

315 send back to the department any overpayment within 30 days of

316 certification to the department. The department may not adjust

317 the amount of any overpayment in the second, third, or fourth

318 quarter payment release and must account for each payment back

319 from the organization separately.

320 (7) The department shall have access to the organization’s

321 data and records as necessary to conduct a reconciliation of

322 releases and overpayments to the organization.

323 Section 2. Section 1011.689, Florida Statutes, is created

324 to read:

325 1011.689 Educational enrollment stabilization program.—The

326 educational enrollment stabilization program is created to

327 provide supplemental state funds as needed to address changes in

328 full-time equivalent student enrollment throughout the school

329 year in both the Florida Education Finance Program and the

330 educational scholarship programs created pursuant to chapter

331 1002.

332 (1) SCHOOL DISTRICT STABILIZATION.—To maintain the

333 stability of the operations of public schools, including charter

334 schools, in each school district, the department may use funds

335 in either of the following ways:

336 (a) To distribute to school districts if the state funds

337 appropriated for the current operation of school districts in

338 the Florida Education Finance Program are not sufficient to pay

339 the state requirement in full pursuant to s. 1011.62(15).

340 (b) To provide supplemental payments to school districts as

341 needed. Any supplemental funds provided pursuant to this

342 paragraph may not be added to the district’s total Florida

343 Education Finance Program funds for any future calculation.

344 (2) FAMILY EMPOWERMENT SCHOLARSHIP PROGRAM.—To maintain

345 scholarship award amounts, the department shall use funds as

346 appropriated to ensure that funding is available if the number

347 of full-time equivalent students enrolled in the scholarship

348 program is greater than the amount appropriated in the General

349 Appropriations Act in the educational scholarship categorical

350 fund established under s. 1011.687.

351 (3) FLORIDA TAX CREDIT SCHOLARSHIP PROGRAM.—If available

352 funds in the Florida Tax Credit Scholarship Program are

353 insufficient to cover eligible applicants who are personalized

354 education program students, the department may use funds to

355 award scholarships to such eligible applicants up to the number

356 authorized in s. 1002.395.

357 (4) RELEASE OF FUNDS.—As part of the recalculation pursuant

358 to s. 1011.65, the department may request the release of funds

359 from the educational enrollment stabilization program subject to

360 the notice, review, and objection procedures set forth in s.

361 216.177.

362 (5) MINIMUM BALANCE.—The Legislature shall annually

363 appropriate funds in the General Appropriations Act to the

364 department for the educational enrollment stabilization program

365 in an amount necessary to maintain a projected minimum balance

366 of $250 million at the beginning of the upcoming fiscal year.

367 Notwithstanding s. 216.301 and pursuant to s. 216.351, the

368 unexpended balance of funds appropriated pursuant to this

369 subsection which is not disbursed by June 30 of the fiscal year

370 in which the funds are appropriated may be carried forward for

371 up to 10 years after the effective date of the original

372 appropriation.

373 Section 3. Section 1002.40, Florida Statutes, is amended to

374 read:

375 1002.40 The Hope ~~Scholarship~~ Program.—

376 (1) PURPOSE.—The Hope ~~Scholarship~~ Program is established to

377 provide the parent of a public school student who was subjected

378 to an incident listed in subsection (3) an opportunity to

379 transfer the student to another public school or to request a

380 scholarship for the student to enroll in and attend an eligible

381 private school.

382 (2) DEFINITIONS.—As used in this section, the term:

383 (a) “Parent” means a resident of this state who is a

384 parent, as defined in s. 1000.21, and whose student reported an

385 incident in accordance with subsection (4).

386 (b) “Program” means the Hope ~~Scholarship~~ Program.

387 (c) “School” means any educational program or activity

388 conducted by a public K-12 educational institution, any school

389 related or school-sponsored program or activity, and riding on a

390 school bus, as defined in s. 1006.25(1), including waiting at a

391 school bus stop.

392 (3) PROGRAM ELIGIBILITY.—A student enrolled in a Florida

393 public school in kindergarten through grade 12 is eligible for

394 the educational options described in subsection (4) if the

395 student reported an incident in accordance with that subsection.

396 For purposes of this section, the term “incident” means battery;

397 harassment; hazing; bullying; kidnapping; physical attack;

398 robbery; sexual offenses, harassment, assault, or battery;

399 threat or intimidation; or fighting at school, as defined by the

400 department in accordance with s. 1006.09(6).

401 (4) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—Upon

402 receipt of a report of an incident, the school principal, or his

403 or her designee, shall provide a copy of the report to the

404 parent and investigate the incident to determine if the incident

405 must be reported as required by s. 1006.09(6). Within 24 hours

406 after receipt of the report, the principal or his or her

407 designee shall provide a copy of the report to the parent of the

408 alleged offender and to the superintendent. Upon conclusion of

409 the investigation or within 15 days after the incident was

410 reported, whichever occurs first, the school district shall

411 notify the parent of the program, offer the parent an

412 opportunity to enroll his or her student in another public

413 school that has capacity, and notify the parent of their

414 eligibility to apply for a scholarship to attend an eligible

415 private school under ss. 1002.394 and 1002.395.

416 (5) RULES.—The State Board of Education shall adopt rules

417 to administer this section.

418 Section 4. Section 1002.421, Florida Statutes, is amended

419 to read:

420 1002.421 State school choice scholarship programs ~~program~~

421 ~~accountability and oversight~~ .—

422 (1) DEFINITIONS.—As used in this section, s. 1002.394, and

423 s. 1002.395, the term:

424 (a) “Approved provider” means a provider approved by the

425 Agency for Persons with Disabilities, a health care practitioner

426 as defined in s. 456.001, or a provider approved by the

427 department pursuant to s. 1002.66.

428 (b) “Choice navigator” means an individual who meets the

429 requirements of s. 1002.395(6)(d)8. and who provides

430 consultations, at a mutually agreed upon location, on the

431 selection of, application for, and enrollment in educational

432 options addressing the academic needs of a student; curriculum

433 selection; and advice on career and postsecondary education

434 opportunities. However, this section does not authorize a choice

435 navigator to oversee or exercise control over the curricula or

436 academic programs of a personalized education program.

437 (c) “Curriculum” means a complete course of study for a

438 particular content area or grade level, including any required

439 supplemental materials and associated online instruction.

440 (d) “Disability” means, for a 3- or 4-year-old child or for

441 a student in kindergarten to grade 12, autism spectrum disorder

442 as defined in the Diagnostic and Statistical Manual of Mental

443 Disorders, Fifth Edition, published by the American Psychiatric

444 Association; cerebral palsy as defined in s. 393.063; Down

445 syndrome as defined in s. 393.063; an intellectual disability as

446 defined in s. 393.063; a speech impairment; a language

447 impairment; an orthopedic impairment; any other health

448 impairment; an emotional or a behavioral disability; a specific

449 learning disability, including, but not limited to, dyslexia,

450 dyscalculia, or developmental aphasia; Phelan-McDermid syndrome

451 as defined in s. 393.063; Prader-Willi syndrome as defined in s.

452 393.063; spina bifida as defined in s. 393.063; being a high

453 risk child as defined in s. 393.063(23)(a); muscular dystrophy;

454 Williams syndrome; rare diseases that affect patient populations

455 of fewer than 200,000 individuals in the United States, as

456 defined by the National Organization for Rare Disorders;

457 anaphylaxis; a hearing impairment, including deafness; a visual

458 impairment, including blindness; a traumatic brain injury; being

459 hospital-bound or homebound; or identification as dual sensory

460 impaired, as defined by rules of the State Board of Education

461 and evidenced by reports from local school districts. The term

462 “hospital-bound or homebound” includes a student who has a

463 medically diagnosed physical or psychiatric condition or

464 illness, as defined by the state board in rule, and who is

465 confined to the home or hospital for more than 6 months.

466 (e) “Eligible nonprofit scholarship-funding organization”

467 or “organization” means a state university or an independent

468 college or university that is eligible to participate in the

469 William L. Boyd, IV, Effective Access to Student Education Grant

470 Program; is located and chartered in this state; is not for

471 profit; is accredited by the Commission on Colleges of the

472 Southern Association of Colleges and Schools; or is a charitable

473 organization that:

474 1. Is exempt from federal income tax pursuant to s.

475 501(c)(3) of the Internal Revenue Code;

476 2. Is a Florida entity formed under chapter 605, chapter

477 607, or chapter 617 and whose principal office is located in

478 this state; and

479 3. Complies with s. 1002.395(6) and (13).

480 (f) “Eligible postsecondary educational institution” means

481 a Florida College System institution; a state university; a

482 school district technical center; a school district adult

483 general education center; an independent college or university

484 that is eligible to participate in the William L. Boyd, IV,

485 Effective Access to Student Education Grant Program under s.

486 1009.89; or an accredited independent postsecondary educational

487 institution as defined in s. 1005.02 which is licensed to

488 operate in this state under part III of chapter 1005 or is

489 approved to participate in a reciprocity agreement as defined in

490 s. 1000.35(2).

491 (g) “Eligible private school” means a private school as

492 defined in s. 1002.01 which is located in Florida and which

493 offers an education to students in any grades K-12 and meets the

494 requirements in this section.

495 (h) “Fraud” means an intentional deception, omission, or

496 misrepresentation made by a person with knowledge that the

497 deception, omission, or misrepresentation may result in an

498 unauthorized benefit to that person or another person, or any

499 aiding and abetting of the commission of such an act.

500 (i) “Household income” has the same meaning as the term

501 “income” as defined in the Income Eligibility Guidelines for

502 free and reduced price meals under the National School Lunch

503 Program in 7 C.F.R. part 210 as published in the Federal

504 Register by the United States Department of Agriculture.

505 (j) “IEP” means an individual education plan, regardless of

506 whether the plan has been reviewed or revised within the last 12

507 months.

508 (k) “Inactive” means that no eligible expenditures have

509 been made from an account.

510 (l) “Job coach” means an individual employed to help people

511 with disabilities learn, accommodate to, and perform their work

512 duties.

513 (m) “Law enforcement officer” has the same meaning as

514 provided in s. 943.10(1).

515 (n) “Owner or operator” includes:

516 1. An owner, a president, an officer, or a director of an

517 eligible nonprofit scholarship-funding organization or a person

518 with equivalent decisionmaking authority over an eligible

519 nonprofit scholarship-funding organization; or

520 2. An owner, an operator, a superintendent, or a principal

521 of an eligible private school or a person with equivalent

522 decisionmaking authority over an eligible private school.

523 (o) “Parent” means a resident of this state who is a parent

524 as defined in s. 1000.21.

525 (p) “Personalized education program” has the same meaning

526 as in s. 1002.01.

527 (q) “Personalized education student” means a student whose

528 parent applies to an eligible nonprofit scholarship-funding

529 organization for participation in a personalized education

530 program.

531 (r) “Renewal student” means a student who was eligible to

532 receive and received a payment for the last installment in the

533 school year immediately preceding the school year for which the

534 student is applying for a scholarship pursuant to this chapter.

535 (s) “Student learning plan” means a customized learning

536 plan developed by a parent at least annually to guide

537 instruction for his or her student and to identify the goods and

538 services needed to address the academic needs of his or her

539 student.

540 (2) SCHOLARSHIP APPLICATION PROCESS.—

541 (a) An eligible nonprofit scholarship-funding organization

542 must provide the parent with information on each scholarship

543 program established pursuant to this chapter which clearly

544 outlines the eligibility requirements and authorized uses of

545 funds for each program to enable the parent of a student to

546 determine which program best fits the needs of each student.

547 Specifically, for a student applying based on eligibility

548 pursuant to s. 1002.394(3)(b) or s. 1002.395, except for

549 students eligible pursuant to a personalized education program,

550 a participating private school must discuss the school’s

551 academic programs and policies, specialized services, code of

552 conduct, and attendance policies before enrollment with the

553 parent to determine which programs and services may meet the

554 student’s individual needs. Each parent of a student with an

555 individualized education plan, education plan, English language

556 learner plan, or 504 plan must be informed specifically of what

557 modifications, accommodations, and therapies included in the

558 student’s plan will be honored by the participating private

559 school.

560 (b) The organization must create a single application for

561 all educational scholarship programs established pursuant to

562 this chapter in a manner that creates an electronic record of

563 the application, which must include the date the application was

564 submitted, the date the application was approved or denied, and

565 the date the scholarship was accepted or declined. The

566 organization may not charge a fee for the application.

567 (c) For the 2026-2027 school year and each school year

568 thereafter, the organization must establish two application

569 approval windows each school year during which a parent of an

570 eligible student, including renewal students, may apply for and

571 accept an educational scholarship program pursuant to this

572 chapter, except for personalized education students, who may

573 only apply during the fall application approval window.

574 1. The application approval window for the fall scholarship

575 term must close no later than July 15. The fall scholarship term

576 covers the period between August 15 and December 31 of each

577 year. The fall application window may not begin any earlier than

578 February 1 of the preceding school year. A parent initially

579 applying for the fall term must affirmatively accept the

580 scholarship between June 15 and July 15.

581 2. The application approval window for the spring

582 scholarship term must close no later than November 15. The

583 spring scholarship term covers the period between January 1 and

584 May 31 of each year. A parent initially applying for the spring

585 term must affirmatively accept the scholarship between October

586 15 and November 15.

587 3. A failure to accept the scholarship between the

588 applicable approval window results in an automatic declination

589 of the scholarship.

590 4. A parent of a student who is provided funds during the

591 fall scholarship term does not need to reapply for the spring

592 scholarship term.

593 (d) An organization must review applications and award

594 scholarships using the following priorities:

595 1. An application for a student who is eligible pursuant to

596 s. 1002.394(3)(a) or s. 1002.395 and:

597 a. Whose household income level does not exceed 185 percent

598 of the federal poverty level or who is in foster care or out-of

599 home care; and then

600 b. Whose household income level exceeds 185 percent of the

601 federal poverty level but does not exceed 400 percent of the

602 federal poverty level.

603 2. An application for a student who is eligible and

604 received a scholarship during the previous school year.

605 3. An application for a student who was affected by the

606 disapproval of an organization’s participation by the department

607 pursuant to s. 1002.395 during the previous school year.

609 The organization must provide scholarships to newly eligible

610 students on a first-come, first-served basis unless the student

611 is seeking priority pursuant to this paragraph.

612 (e) A parent of a student who applies for and receives

613 scholarship funds initially for the spring scholarship term may

614 only receive 5 of the 10 payment installments for the school

615 year.

616 (f) A parent may not apply for multiple scholarships under

617 s. 1002.394 or s. 1002.395 for an individual student at the same

618 time. However, the organization may switch a student between

619 scholarships under s. 1002.394 or s. 1002.395 upon notification

620 and approval by the department.

621 (g) Notwithstanding the application deadlines, a student in

622 foster care or out-of-home care or who is a dependent child of a

623 member of the United States Armed Forces or who reported an

624 incident pursuant to s. 1002.40 may apply for a scholarship at

625 any time. Additionally, the Commissioner of Education may extend

626 an application window for any eligible group of students due to

627 extenuating circumstances that affect one or more regions of

628 this state. However, any student receiving a scholarship who

629 applies outside the application deadlines may only receive

630 payments prospectively.

631 (h) An organization may not restrict or reserve

632 scholarships for use at a particular eligible private school or

633 provide scholarships to a child of an owner or operator as

634 defined in subparagraph (1)(n)1. Additionally, the organization

635 must notify each parent of a scholarship applicant that

636 participation in the scholarship program does not guarantee

637 enrollment at an eligible private school.

638 (i) For the 2026-2027 school year, a parent who applies for

639 a scholarship by April 30, 2026, does not need to submit a new

640 application pursuant to the requirements of this section but

641 must, by the time the organization is required to send its

642 verified list to the department, provide the documentation

643 required for eligibility. However, a parent may withdraw his or

644 her application and reapply pursuant to the requirements of this

645 section. This paragraph expires January 1, 2027.

647 An eligible nonprofit scholarship-funding organization may not

648 further regulate, exercise control over, or require

649 documentation beyond the requirements of the scholarship

650 programs unless the regulation, control, or documentation is

651 necessary for participation in the program.

652 (3) ENROLLMENT VERIFICATION.—Upon receipt of an

653 application, the eligible nonprofit scholarship-funding

654 organization must verify each student’s eligibility. Each

655 student, including renewal students, must apply for a

656 scholarship each school year. An organization may not grant

657 multiyear scholarships in one approval process.

658 (a) To verify eligibility, the organization must request

659 all of the following information for each student, to be

660 included in the student’s file:

661 1. More than one form of proof of residency or proof that

662 the student is the dependent of an active duty member of the

663 United States Armed Forces who has received permanent change of

664 station orders to this state.

665 2. A copy of the student’s birth certificate or other

666 documentation as specified in s. 1003.21(4), the name on which

667 must be identical to the name provided on the student’s

668 application.

669 3. If known, the student’s Florida student identification

670 number if one has been assigned.

671 (b) In addition, if the student:

672 1. Is a renewal student, the organization must:

673 a. Request for each student the assessment results

674 necessary to verify compliance with subsection (7). The deadline

675 for a parent to submit the results is July 15.

676 b. Receive documentation from the parent attesting that the

677 student will continue to meet all eligibility requirements for

678 the scholarship.

679 c. Verify that all documents required for eligibility have

680 been received and are on file.

681 d. If the student lives out of state and is a dependent of

682 an active duty member of the United States Armed Forces, receive

683 documentation that the home of record or state of legal

684 residence is Florida.

685 2. Is seeking priority eligibility based upon household

686 income, the parent of the student must authorize the

687 organization to access information needed for income eligibility

688 determination and verification held by other state or federal

689 agencies, including the Department of Revenue, the Department of

690 Children and Families, the Department of Education, the

691 Department of Commerce, and the Agency for Health Care

692 Administration.

693 (c) An organization must send to the department a list of

694 eligible students and any information necessary for the

695 department to conduct the following cross-check reviews by:

696 1. August 1 for the fall scholarship term.

697 2. October 1 for the fall scholarship mid-term.

698 3. December 1 for the spring scholarship term.

699 4. March 1 for the spring scholarship mid-term.

701 For the spring scholarship term, the organization must submit

702 students initially applying for the scholarship during the

703 spring term, as well as all students who received a scholarship

704 payment within the fall term. Additionally, the organization

705 must update each list with any eligible student who applies

706 outside of the application deadlines pursuant to paragraph

707 (2)(g).

708 (d) The department must verify each student’s Florida

709 student identification number or, if a student has not been

710 assigned a Florida student identification number, assign each

711 eligible student a Florida student identification number. Once a

712 student is assigned a Florida student identification number, the

713 organization must use that number for the reporting and tracking

714 of all scholarship data.

715 (e) The department must cross-check each list of eligible

716 students submitted by the organization with the most recent

717 student attendance records maintained by the school districts

718 pursuant to s. 1003.23 to resolve student reporting duplication.

719 1. As part of each cross-check process, the department must

720 send a list of the eligible students submitted by the

721 organization to the applicable school district. The school

722 district must cross-check each student by identification number

723 with its most recent student attendance records and send the

724 results, including any duplicates, to the department. Pursuant

725 to s. 1002.44, a student receiving a scholarship under this

726 chapter who attends a public school on a part-time basis through

727 contracted services provided by the public school or school

728 district may not be reported by the school district for funding

729 purposes under the Florida Education Finance Program, and,

730 therefore, such students are not considered duplicates.

731 2. For any student reported as a duplicate by a school

732 district, the department must determine whether the student is

733 prohibited from receiving a scholarship award pursuant to s.

734 1002.394(6) or s. 1002.395(4). As part of the department’s

735 determination process, the department must require the

736 organization to suspend payments to the student’s account and

737 the use of funds in the student’s account related to any period

738 of time the student is ineligible.

739 3. The department, after making its determination, shall

740 notify the district if there is any student reported by the

741 district as a duplicate whom the district should not report for

742 funding in the student membership survey pursuant to s. 1011.62.

743 For the students the district does report, the district shall

744 receive the full funding generated in accordance with the

745 Florida Education Finance Program, regardless of whether the

746 student received a scholarship payment, subject to the audit

747 required under s. 1010.305.

748 (f) The department, after the list of eligible students has

749 been cross-checked and each student has been assigned a Florida

750 student identification number, shall send the list of verified

751 eligible students to the organization, which may then fund

752 students only based upon the department’s list of verified

753 eligible students. The department must notify an organization of

754 any of the organization’s identified students who were submitted

755 for a scholarship from another organization and which

756 organization the student shall receive funding from.

757 (g) After each cross-check, the department must provide the

758 list of verified eligible students submitted to the organization

759 and any information on duplicate students requested to the chair

760 of the Senate Appropriations Committee, the chair of the House

761 Budget Committee, and the Office of Policy and Budget within the

762 Executive Office of the Governor.

763 (4) PREPAYMENT VERIFICATION.—Prior to the disbursement of

764 each scholarship payment, the organization must verify the

765 student’s continued eligibility based upon the requirements of

766 the applicable student’s scholarship program.

767 (a) For scholarship programs that require private school

768 enrollment, the organization must verify that the student is

769 enrolled in and in attendance at a participating eligible

770 private school.

771 (b) Prior to the receipt of each scholarship payment, a

772 parent of the student must attest that the student is not

773 enrolled full time in a public school and is enrolled and in

774 attendance, unless excused for illness or other good cause, in

775 one of the following:

776 1. A home education program;

777 2. A personalized education program; or

778 3. A private school.

779 (c) The parent of a student enrolled at a private school

780 may authorize the private school to satisfy the requirement in

781 paragraph (b) on behalf of the parent by attesting that the

782 student is enrolled in and in attendance at the private school.

783 The private school and the organization must maintain records of

784 the parental authorization, which must be renewed each school

785 year and may be included as part of the parent’s approval of the

786 funds transfer authorized pursuant to subparagraph (6)(b)1. An

787 improper attestation may be investigated as fraud pursuant to

788 subparagraph (10)(a)6., and the private school may be liable to

789 the state for payments made in violation of this subsection and,

790 if found liable, must reimburse the state for funds improperly

791 paid to the private school.

792 (d) The organization may not make any payment into a

793 student’s account prior to a parent’s acceptance of a

794 scholarship award, upon notification that the student is

795 enrolled in a public school unless the organization can verify

796 the student’s eligibility, or for any period of time prior to

797 the department’s verification of the student’s eligibility. An

798 organization is liable to the state for payments made in

799 violation of this subsection and must reimburse the state for

800 funds that were improperly awarded which cannot be recovered.

801 (e) For a student who was enrolled in a public school prior

802 to participation in the scholarship program as determined by the

803 department, the organization must receive proof that the parent

804 submitted the standard withdrawal form to the public school

805 where the student was previously enrolled or, if the withdrawal

806 occurred prior to the creation of the standard withdrawal form,

807 another form of proof of withdrawal from the public school.

808 (5) SCHOLARSHIP AWARD AMOUNTS AND PAYMENT SCHEDULE.—

809 (a) Beginning in the 2026-2027 school year, the calculated

810 scholarship program award amounts shall be the amounts provided

811 in the General Appropriations Act which are based upon the

812 amounts by basic program and program for exceptional students

813 under the Florida Education Finance Program. These amounts shall

814 be adjusted annually based upon the value of the percentage

815 change increase in per student funding at the state level for

816 public school districts as provided in the General

817 Appropriations Act.

818 1. The calculated scholarship amount for a student

819 determined eligible pursuant to s. 1002.394(3)(a) or s. 1002.395

820 shall be based upon the student’s current grade level and county

821 of residence.

822 2. The calculated scholarship amount for a student

823 determined eligible pursuant to s. 1002.394(3)(b) must be based

824 upon the student’s current grade level, exceptional student

825 program, and county of residence.

826 a. The calculated scholarship amount for a student who

827 received a Gardiner Scholarship pursuant to former s. 1002.385

828 in the 2020-2021 school year shall be the greater of the amount

829 calculated pursuant to this subsection or the amount the student

830 received for the 2020-2021 school year.

831 b. The calculated scholarship amount for a student who

832 received a John M. McKay Scholarship pursuant to former s.

833 1002.39 in the 2020-2021 school year shall be the greater of the

834 amount calculated pursuant to this subsection or the amount the

835 student received for the 2020-2021 school year.

836 (b) Beginning with the 2026-2027 school year, the

837 scholarship award shall be divided into 10 equal installments

838 and made in accordance with the prepayment verification process.

839 1. For a renewal student receiving a scholarship award

840 pursuant to s. 1002.394(3)(a) or s. 1002.395, and whose funds

841 are applied to tuition at an eligible private school that has

842 agreed to attest to the student’s attendance pursuant to

843 paragraph (4)(c), the organization may make the first payment no

844 earlier than August 15 and the second payment no earlier than

845 September 15.

846 2. For all other students receiving scholarship awards, the

847 organization may make the first payment no earlier than

848 September 15. The first payment pursuant to this subparagraph is

849 for two installments.

850 3. Each subsequent payment must be made no later than

851 October 15, November 15, December 15, January 15, February 15,

852 March 15, April 15, and May 15 of each school year in which the

853 scholarship is in force.

854 (6) SCHOLARSHIP ACCOUNTS.—The organization must establish

855 and maintain a separate scholarship account for each student

856 enrolled in a scholarship program. For each account, the

857 organization must maintain a record of accrued interest which is

858 retained in the student’s account. Accrued interest in the

859 student’s account is in addition to, and not part of, the

860 awarded funds. Program funds include both the awarded funds and

861 accrued interest and are available only for authorized program

862 expenditures.

863 (a) Payment of the scholarship by the organization shall be

864 by funds transfer, including, but not limited to, debit cards,

865 electronic payment cards, or any means of payment the department

866 deems commercially viable or cost-effective. A student’s

867 scholarship award may not be reduced to cover debit card or

868 electronic payment fees. Commodities or services related to the

869 development of such transfer system must be procured by

870 competitive solicitation unless purchased from a state term

871 contract pursuant to s. 287.056.

872 (b) For students eligible pursuant to s. 1002.394(3)(a) or

873 s. 1002.395, except for those students enrolled in a

874 personalized education program:

875 1. The organization must commit scholarship funds on behalf

876 of the student for tuition and fees that the parent must pay at

877 a participating private school before scholarship account funds

878 may be used for additional authorized uses under s.

879 1002.394(4)(a) or s. 1002.395(4)(d). A parent is responsible for

880 all eligible expenses in excess of the scholarship amount. An

881 organization shall ensure that the parent has approved a funds

882 transfer before any scholarship funds are deposited. The parent

883 may not designate any entity or individual associated with a

884 participating private school as the parent’s attorney in fact to

885 approve a funds transfer.

886 2. After funds have been committed pursuant to subparagraph

887 1., funds may be used as authorized in s. 1002.394(4)(a) and as

888 authorized in the organization’s purchasing handbook by paying

889 for the authorized use directly and then submitting a

890 reimbursement request to the organization. An organization may

891 require the use of an online platform for direct purchases of

892 products if such use does not limit a parent’s choice of

893 curriculum or academic programs. If a parent purchases a product

894 identical to one offered by an organization’s online platform

895 for a lower price, the organization must reimburse the parent

896 the cost of the product.

897 3. The initial payment shall be made after the

898 organization’s verification of admission acceptance, and

899 subsequent payments shall be made upon verification of continued

900 enrollment and attendance at a participating private school.

901 Payments for tuition and fees for full-time enrollment shall be

902 made within 7 business days after approval by the parent and the

903 private school.

904 4. If a student unenrolls from a participating private

905 school within 10 business days after enrolling in the private

906 school, the private school must return a proportional share of

907 the student’s scholarship payment to the organization.

908 5. An organization may not transfer any funds to an account

909 of a student which has a balance in excess of $24,000.

910 (c) For students eligible pursuant to s. 1002.394(3)(b):

911 1. The organization must verify qualifying educational

912 expenditures pursuant to the requirements of s. 1002.394(4)(b).

913 The organization must verify any expenditures made pursuant to

914 s. 1002.394(4)(b)1. and 2. before the distribution of funds.

915 Review of expenditures made for services specified in s.

916 1002.394(4)(b)3.-16. may be completed after the purchase is

917 made.

918 2. The organization must develop a process, for

919 implementation beginning in the 2026-2027 school year, that

920 provides the commitment of scholarship funds on behalf of the

921 student for tuition and fees that a parent must pay at the

922 Florida Virtual School as a private-pay student before

923 scholarship account funds may be used for additional authorized

924 uses under s. 1002.394(4)(b) or s. 1002.395(6)(d).

925 3. An organization may not transfer any funds to an account

926 of a student which has a balance in excess of $50,000.

927 (d) A parent of a student attending a public school on a

928 part-time basis through contracted services provided by a public

929 school or school district pursuant to s. 1002.44 must notify the

930 public school or school district in writing at the time of

931 application or at any subsequent time if the student is

932 receiving a scholarship. For such contracted services, the

933 public school may require the parent to pay for the contracted

934 services as authorized in ss. 1002.395(4)(a)6.,

935 1002.395(4)(b)8., and 1002.395(6)(d)4.f.

936 (e) A parent of a 3- or 4-year-old child receiving a

937 scholarship pursuant to s. 1002.394(3)(b) and receiving services

938 at a public school or school district must notify the public

939 school or school district in writing at the time of application

940 or at any subsequent time if the student is receiving a

941 scholarship.

942 (f) The parent of a student who fails to comply with this

943 subsection forfeits the scholarship. An organization must notify

944 the parent when a scholarship account is closed and when program

945 funds revert to the state or organization, as applicable.

946 (7) TESTING REQUIREMENTS.—A student participating in a

947 scholarship program in grades 3 through 10 may take the

948 nationally norm-referenced tests that are identified by the

949 department or take the statewide assessments pursuant to s.

950 1008.22. Students with disabilities for whom standardized

951 testing is not appropriate and who are granted an extraordinary

952 exemption from the administration of the assessment pursuant to

953 s. 1008.212 are exempt from this requirement.

954 (a) A participating private school must annually administer

955 or make provision for students participating in the program in

956 grades 3 through 10 to take one of the nationally norm

957 referenced tests or cooperate with a student whose parent

958 chooses to participate in the statewide assessments pursuant to

959 s. 1008.22. A parent must require his or her student

960 participating in the program to take the norm-referenced tests

961 offered by the participating private school. The parent may also

962 choose to have the student participate in the statewide

963 assessments pursuant to s. 1008.22.

964 (b)1. If the participating private school chooses to offer

965 and administer the statewide assessments pursuant to s. 1008.22

966 to all students who attend the private school in grades 3

967 through 10, it must submit a request in writing to the

968 department by March 1 of each year in order to administer the

969 statewide assessments in the subsequent school year. In turn,

970 upon the request of the department, a school district shall

971 coordinate with the department to provide to a participating

972 private school the statewide assessments and any related

973 materials for administering the assessments.

974 2. A school district is responsible for administering tests

975 at a participating private school, including:

976 a. Providing training for private school staff on test

977 security and assessment administration procedures;

978 b. Distributing testing materials to a private school;

979 c. Retrieving testing materials from a private school;

980 d. Providing the required format for a private school to

981 submit information to the district for test administration and

982 enrollment purposes; and

983 e. Providing any required assistance, monitoring, or

984 investigation related to administering tests and assessments at

985 a private school.

986 3. A participating private school shall report a student’s

987 scores to his or her parent. By August 15 of each year, a

988 participating private school must report the scores of all

989 participating students to a state university as described in s.

990 1002.395(9)(b)3.

991 4. If a parent requests that the student participating in

992 the program take statewide assessments pursuant to s. 1008.22

993 and the participating private school has not chosen to offer and

994 administer the statewide assessments, the district in which the

995 participating private school is located must provide locations

996 and times for the student to take the assessments. The parent is

997 responsible for transporting the student to the assessment site

998 designated by the school district.

999 5. For students determined eligible pursuant to s.

1000 1002.395(7)(b), an organization must receive eligible student

1001 test scores, and beginning with the 2027-2028 school year, by

1002 August 15, annually report test scores for such students to a

1003 state university pursuant to s. 1002.395(9)(b)3.

1004 (8) BACKGROUND SCREENING REQUIREMENTS.—

1005 (a) Each owner or operator or an individual providing

1006 services under s. 1002.394(4)(b)4. or s. 1002.395(6)(d)4.

1007 through an organization’s online platform for direct purchase

1008 pursuant to subparagraph (6)(b)2., prior to employment or

1009 engagement to provide services, must undergo a background

1010 screening and meet the screening standards in s. 1012.315. All

1011 fingerprints submitted to the Department of Law Enforcement as

1012 required by this section must be retained in the Care Provider

1013 Background Screening Clearinghouse as provided in s. 435.12. The

1014 cost of the background screening may be borne by the owner or

1015 operator or service provider.

1016 1. Employees, contracted personnel, owners, and operators

1017 must be rescreened as required by s. 435.12.

1018 2. Employees, contracted personnel, owners, and operators

1019 who apply for employment are governed by the laws and rules in

1020 effect at the time of the application for employment, provided

1021 that the person is continually employed by the same school or

1022 provider. An owner or operator who fails the level 2 background

1023 screening is not eligible to participate in a scholarship

1024 program under this chapter.

1025 3. Service providers who have been screened under licensure

1026 requirements in chapter 402, or who are exempt from licensure,

1027 are not required to be rescreened under this section. The

1028 Department of Education and the Department of Children and

1029 Families must implement a process to electronically share

1030 background screening results for such service providers.

1031 4. In addition to the offenses listed in s. 435.04, a

1032 person required to undergo background screening pursuant to this

1033 section or authorizing statutes may not have an arrest awaiting

1034 final disposition for, must not have been found guilty of, or

1035 entered a plea of nolo contendere to, regardless of

1036 adjudication, and must not have been adjudicated delinquent for,

1037 and the record must not have been sealed or expunged for, any of

1038 the following offenses or any similar offense of another

1039 jurisdiction:

1040 a. Any authorizing statutes, if the offense was a felony.

1041 b. This chapter, if the offense was a felony.

1042 c. Section 409.920, relating to Medicaid provider fraud.

1043 d. Section 409.9201, relating to Medicaid fraud.

1044 e. Section 741.28, relating to domestic violence.

1045 f. Section 817.034, relating to fraudulent acts through

1046 mail, wire, radio, electromagnetic, photoelectronic, or

1047 photooptical systems.

1048 g. Section 817.234, relating to false and fraudulent

1049 insurance claims.

1050 h. Section 817.505, relating to patient brokering.

1051 i. Section 817.568, relating to criminal use of personal

1052 identification information.

1053 j. Section 817.60, relating to obtaining a credit card

1054 through fraudulent means.

1055 k. Section 817.61, relating to fraudulent use of credit

1056 cards, if the offense was a felony.

1057 l. Section 831.01, relating to forgery.

1058 m. Section 831.02, relating to uttering forged instruments.

1059 n. Section 831.07, relating to forging bank bills, checks,

1060 drafts, or promissory notes.

1061 o. Section 831.09, relating to uttering forged bank bills,

1062 checks, drafts, or promissory notes.

1063 p. Section 831.30, relating to fraud in obtaining medicinal

1064 drugs.

1065 q. Section 831.31, relating to the sale, manufacture,

1066 delivery, or possession with the intent to sell, manufacture, or

1067 deliver any counterfeit controlled substance, if the offense was

1068 a felony.

1069 5. At least 30 calendar days before a transfer of ownership

1070 of a private school, the owner or operator shall notify the

1071 parent of each scholarship student.

1072 6. The owner or operator of a private school that has been

1073 deemed ineligible to participate in a scholarship program

1074 pursuant to this chapter may not transfer ownership or

1075 management authority of the school to a relative in order to

1076 participate in a scholarship program as the same school or a new

1077 school. For purposes of this subparagraph, the term “relative”

1078 means father, mother, son, daughter, grandfather, grandmother,

1079 brother, sister, uncle, aunt, cousin, nephew, niece, husband,

1080 wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,

1081 brother-in-law, sister-in-law, stepfather, stepmother, stepson,

1082 stepdaughter, stepbrother, stepsister, half brother, or half

1083 sister.

1084 (b) An organization must report the annual audit of

1085 background screening results required under this subsection to

1086 the department.

1087 (9) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private

1088 school participating in an educational scholarship program

1089 established pursuant to this chapter may be sectarian or

1090 nonsectarian and must be a private school as defined in s.

1091 1002.01 in this state, be registered, and be in compliance with

1092 all requirements of this section in addition to private school

1093 requirements outlined in s. 1002.42, specific requirements

1094 identified within respective scholarship program laws, and other

1095 provisions of Florida law that apply to private schools .

1096 Additionally, a private school participating in an educational

1097 scholarship program pursuant to this chapter ~~, and~~ must:

1098 (a) Comply with the antidiscrimination provisions of 42

1099 U.S.C. s. 2000d.

1100 (b) Notify the department of its intent to participate in a

1101 scholarship program.

1102 (c) Notify the department of any change in the school’s

1103 name, school director, mailing address, or physical location

1104 within 15 days after the change.

1105 (d) Provide to the department or ~~scholarship-funding~~

1106 organization all documentation required for a student’s

1107 participation or required by the organization to process a

1108 scholarship payment , including the private school’s and

1109 student’s individual fee schedule, and attendance verification

1110 as required by the department or ~~scholarship-funding~~

1111 organization, prior to scholarship payment. Such information

1112 must be provided by the deadlines established by the

1113 organization and in accordance with the requirements of this

1114 section and ss. 1002.394 and 1002.395. A student is not eligible

1115 to receive a scholarship payment if the private school fails to

1116 meet the deadlines.

1117 (e) Annually complete and submit to the department a

1118 notarized scholarship compliance statement certifying that all

1119 school employees and contracted personnel with direct student

1120 contact have undergone background screening and have met the

1121 screening standards as provided in s. 1012.315.

1122 (f) Demonstrate fiscal soundness and accountability by:

1123 1. Being in operation for at least 3 school years or

1124 obtaining a surety bond or letter of credit for the amount equal

1125 to the scholarship funds for any quarter and filing the surety

1126 bond or letter of credit with the department.

1127 2. Requiring the parent of each scholarship student to

1128 personally restrictively endorse the scholarship warrant to the

1129 school or to approve a funds transfer before any funds are

1130 deposited for a student. The school may not act as attorney in

1131 fact for the parent of a scholarship student under the authority

1132 of a power of attorney executed by such parent, or under any

1133 other authority, to endorse a scholarship warrant or approve a

1134 funds transfer on behalf of such parent.

1135 (g) Meet applicable state and local health, safety, and

1136 welfare laws, codes, and rules, including:

1137 1. Firesafety.

1138 2. Building safety.

1139 (h) Employ or contract with teachers who hold baccalaureate

1140 or higher degrees, have at least 3 years of teaching experience

1141 in public or private schools, or have special skills, knowledge,

1142 or expertise that qualifies them to provide instruction in

1143 subjects taught.

1144 (i) Maintain a physical location in the state at which each

1145 student has regular and direct contact with teachers. Regular

1146 and direct contact with teachers may be satisfied for students

1147 enrolled pursuant to s. 1002.394(4)(b) or in a personalized

1148 education program if students have regular and direct contact

1149 with teachers at the physical location at least 2 school days

1150 per week and the student learning plan addresses the remaining

1151 instructional time.

1152 (j) Publish on the school’s website, or provide in a

1153 written format, information for parents regarding the school,

1154 including, but not limited to, programs, services, the

1155 qualifications of classroom teachers, and a statement that a

1156 parentally placed private school student with a disability does

1157 not have an individual right to receive some or all of the

1158 special education and related services that the student would

1159 receive if enrolled in a public school under the Individuals

1160 with Disabilities Education Act (IDEA), as amended.

1161 (k) At a minimum, provide the parent of each scholarship

1162 student with a written explanation of the student’s progress on

1163 a quarterly basis.

1164 (l) Cooperate with a student whose parent chooses to

1165 participate in the statewide assessments pursuant to s. 1008.22.

1166 (m) Require each employee and contracted personnel with

1167 direct student contact, upon employment or engagement to provide

1168 services, to undergo background screening under s. 1012.315 and

1169 deny employment to or terminate an employee if he or she fails

1170 to meet the screening standards under s. 1012.315. For purposes

1171 of this paragraph:

1172 1. An “employee or contracted personnel with direct student

1173 contact” means any employee or contracted personnel who has

1174 unsupervised access to a scholarship student for whom the

1175 private school is responsible.

1176 2. The costs of fingerprinting and the background check

1177 shall not be borne by the state.

1178 3. Continued employment of an employee or contracted

1179 personnel after notification that he or she has failed the

1180 background screening under this paragraph shall cause a private

1181 school to be ineligible for participation in a scholarship

1182 program.

1183 4. An employee or contracted personnel holding a valid

1184 Florida teaching certificate who has been fingerprinted pursuant

1185 to s. 1012.32 is not required to comply with the provisions of

1186 this paragraph.

1187 5. All fingerprints submitted to the Department of Law

1188 Enforcement as required by this section must be retained in the

1189 Care Provider Background Screening Clearinghouse as provided in

1190 s. 435.12.

1191 ~~6. Employees, contracted personnel, owners, and operators~~

1192 ~~must be rescreened as required by s. 435.12.~~

1193 ~~7. Persons who apply for employment are governed by the~~

1194 ~~laws and rules in effect at the time of application for~~

1195 ~~employment, provided that the person is continually employed by~~

1196 ~~the same school.~~

1197 (n) Adopt policies establishing standards of ethical

1198 conduct for educational support employees, instructional

1199 personnel, and school administrators. The policies must require

1200 all educational support employees, instructional personnel, and

1201 school administrators, as defined in s. 1012.01, to complete

1202 training on the standards; establish the duty of educational

1203 support employees, instructional personnel, and school

1204 administrators to report, and procedures for reporting, alleged

1205 misconduct by other educational support employees, instructional

1206 personnel, and school administrators which affects the health,

1207 safety, or welfare of a student; and include an explanation of

1208 the liability protections provided under ss. 39.203 and 768.095.

1209 A private school, or any of its employees, may not enter into a

1210 confidentiality agreement regarding terminated or dismissed

1211 educational support employees, instructional personnel, or

1212 school administrators, or employees, personnel, or

1213 administrators who resign in lieu of termination, based in whole

1214 or in part on misconduct that affects the health, safety, or

1215 welfare of a student, and may not provide the employees,

1216 personnel, or administrators with employment references or

1217 discuss the employees’, personnel’s, or administrators’

1218 performance with prospective employers in another educational

1219 setting, without disclosing the employees’, personnel’s, or

1220 administrators’ misconduct. Any part of an agreement or contract

1221 that has the purpose or effect of concealing misconduct by

1222 educational support employees, instructional personnel, or

1223 school administrators which affects the health, safety, or

1224 welfare of a student is void, is contrary to public policy, and

1225 may not be enforced.

1226 (o) Before employing a person in any position that requires

1227 direct contact with students, conduct employment history checks

1228 of previous employers, screen the person through use of the

1229 screening tools described in s. 1001.10(5), and document the

1230 findings. If unable to contact a previous employer, the private

1231 school must document efforts to contact the employer. The

1232 private school may not employ a person whose educator

1233 certificate is revoked, who is barred from reapplying for an

1234 educator certificate, or who is on the disqualification list

1235 maintained by the department pursuant to s. 1001.10(4)(b).

1236 ~~(p) Require each owner or operator of the private school,~~

1237 ~~prior to employment or engagement to provide services, to~~

1238 ~~undergo background screening as provided in s. 1012.315. For~~

1239 ~~purposes of this paragraph, the term “owner or operator” means~~

1240 ~~an owner, an operator, a superintendent, or a principal of, or a~~

1241 ~~person with equivalent decisionmaking authority over, a private~~

1242 ~~school participating in a scholarship program established~~

1243 ~~pursuant to this chapter. The fingerprints for the background~~

1244 ~~screening must be electronically submitted to the Department of~~

1245 ~~Law Enforcement and may be taken by an authorized law~~

1246 ~~enforcement agency or a private company who is trained to take~~

1247 ~~fingerprints. However, the complete set of fingerprints of an~~

1248 ~~owner or operator may not be taken by the owner or operator. The~~

1249 ~~cost of the background screening may be borne by the owner or~~

1250 ~~operator.~~

1251 ~~1. In addition to the offenses listed in s. 435.04, a~~

1252 ~~person required to undergo background screening pursuant to this~~

1253 ~~part or authorizing statutes may not have an arrest awaiting~~

1254 ~~final disposition for, must not have been found guilty of, or~~

1255 ~~entered a plea of nolo contendere to, regardless of~~

1256 ~~adjudication, and must not have been adjudicated delinquent for,~~

1257 ~~and the record must not have been sealed or expunged for, any of~~

1258 ~~the following offenses or any similar offense of another~~

1259 ~~jurisdiction:~~

1260 ~~a. Any authorizing statutes, if the offense was a felony.~~

1261 ~~b. This chapter, if the offense was a felony.~~

1262 ~~c. Section 409.920, relating to Medicaid provider fraud.~~

1263 ~~d. Section 409.9201, relating to Medicaid fraud.~~

1264 ~~e. Section 741.28, relating to domestic violence.~~

1265 ~~f. Section 817.034, relating to fraudulent acts through~~

1266 ~~mail, wire, radio, electromagnetic, photoelectronic, or~~

1267 ~~photooptical systems.~~

1268 ~~g. Section 817.234, relating to false and fraudulent~~

1269 ~~insurance claims.~~

1270 ~~h. Section 817.505, relating to patient brokering.~~

1271 ~~i. Section 817.568, relating to criminal use of personal~~

1272 ~~identification information.~~

1273 ~~j. Section 817.60, relating to obtaining a credit card~~

1274 ~~through fraudulent means.~~

1275 ~~k. Section 817.61, relating to fraudulent use of credit~~

1276 ~~cards, if the offense was a felony.~~

1277 ~~l. Section 831.01, relating to forgery.~~

1278 ~~m. Section 831.02, relating to uttering forged instruments.~~

1279 ~~n. Section 831.07, relating to forging bank bills, checks,~~

1280 ~~drafts, or promissory notes.~~

1281 ~~o. Section 831.09, relating to uttering forged bank bills,~~

1282 ~~checks, drafts, or promissory notes.~~

1283 ~~p. Section 831.30, relating to fraud in obtaining medicinal~~

1284 ~~drugs.~~

1285 ~~q. Section 831.31, relating to the sale, manufacture,~~

1286 ~~delivery, or possession with the intent to sell, manufacture, or~~

1287 ~~deliver any counterfeit controlled substance, if the offense was~~

1288 ~~a felony.~~

1289 ~~2. At least 30 calendar days before a transfer of ownership~~

1290 ~~of a private school, the owner or operator shall notify the~~

1291 ~~parent of each scholarship student.~~

1292 ~~3. The owner or operator of a private school that has been~~

1293 ~~deemed ineligible to participate in a scholarship program~~

1294 ~~pursuant to this chapter may not transfer ownership or~~

1295 ~~management authority of the school to a relative in order to~~

1296 ~~participate in a scholarship program as the same school or a new~~

1297 ~~school. For purposes of this subparagraph, the term “relative”~~

1298 ~~means father, mother, son, daughter, grandfather, grandmother,~~

1299 ~~brother, sister, uncle, aunt, cousin, nephew, niece, husband,~~

1300 ~~wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,~~

1301 ~~brother-in-law, sister-in-law, stepfather, stepmother, stepson,~~

1302 ~~stepdaughter, stepbrother, stepsister, half brother, or half~~

1303 ~~sister.~~

1304 (p) ~~(q)~~ Provide a report from an independent certified

1305 public accountant who performs the agreed-upon procedures

1306 developed pursuant to s. 1002.395(6)(l) ~~s. 1002.395(6)(q)~~ if the

1307 private school receives more than $250,000 in funds from

1308 scholarships awarded under this chapter in a state fiscal year.

1309 A private school subject to this subsection must annually submit

1310 the report by September 15 to the scholarship-funding

1311 organization that awarded the majority of the school’s

1312 scholarship funds. The agreed-upon procedures must be conducted

1313 in accordance with attestation standards established by the

1314 American Institute of Certified Public Accountants.

1315 (q) ~~(r)~~ Prohibit education support employees, instructional

1316 personnel, and school administrators from employment in any

1317 position that requires direct contact with students if the

1318 personnel or administrators are ineligible for such employment

1319 pursuant to this section or s. 1012.315, or have been terminated

1320 or have resigned in lieu of termination for sexual misconduct

1321 with a student. If the prohibited conduct occurs subsequent to

1322 employment, the private school must report the person and the

1323 disqualifying circumstances to the department for inclusion on

1324 the disqualification list maintained pursuant to s.

1325 1001.10(4)(b).

1326 (r) ~~(s)~~ Not be owned or operated by a person or an entity

1327 domiciled in, owned by, or in any way controlled by a foreign

1328 country of concern or foreign principal as defined in s.

1329 288.860. A violation of this paragraph constitutes an imminent

1330 threat to the health, safety, and welfare of the school’s

1331 students and to the public, sufficient to justify immediate

1332 suspension of payment of scholarship funds under paragraph

1333 (11)(e) ~~paragraph (3)(e)~~ , as well as denial, suspension, or

1334 revocation of a school’s participation in a scholarship program

1335 under paragraph (11)(b) ~~paragraph (3)(b)~~ .

1336 (s) The inclusion of eligible private schools within

1337 options available to Florida public school students does not

1338 expand the regulatory authority of the state, its officers, or

1339 any school district to impose any additional regulation of

1340 private schools beyond that reasonably necessary to enforce

1341 requirements expressly set forth in this section.

1343 The department shall suspend the payment of funds to a private

1344 school that knowingly fails to comply with this subsection or

1345 subsection (8) , and shall prohibit the school from enrolling new

1346 scholarship students, for 1 fiscal year and until the school

1347 complies. If a private school fails to meet the requirements of

1348 this subsection or subsection (8) or has consecutive years of

1349 material exceptions listed in the report required under

1350 paragraph (p) ~~(q)~~ , the commissioner may determine that the

1351 private school is ineligible to participate in a scholarship

1352 program.

1353 (10) ~~(2)~~ DEPARTMENT OF EDUCATION OBLIGATIONS.—

1354 (a) The Department of Education shall:

1355 1. Annually verify the eligibility of private schools that

1356 meet the requirements of this section, specific requirements

1357 identified within respective scholarship program laws, and other

1358 provisions of state law that apply to private schools.

1359 2. Establish a toll-free hotline that provides parents and

1360 private schools with information on participation in the

1361 scholarship programs.

1362 3. Publish and update, as necessary, information on the

1363 department website about the educational scholarship programs

1364 established under this chapter, including, but not limited to,

1365 student eligibility criteria, parental responsibilities, and

1366 relevant data. The information must include a list of approved

1367 providers as required by s. 1002.66, eligible postsecondary

1368 educational institutions, eligible private schools, and eligible

1369 organizations and may identify or provide links to lists of

1370 other approved providers.

1371 4. Establish a process by which individuals may notify the

1372 department of any violation by a parent, private school, or

1373 school district of state laws relating to program participation.

1374 If the department has reasonable cause to believe that a

1375 violation of this section or any rule adopted by the State Board

1376 of Education has occurred, it shall conduct an inquiry or make a

1377 referral to the appropriate agency for an investigation. A

1378 department inquiry is not subject to the requirements of chapter

1379 120.

1380 5. Investigate any written complaint of a violation of this

1381 section by a parent, a student, a participating private school,

1382 a public school, a school district, an organization, a provider,

1383 or another appropriate party in accordance with the process

1384 established under s. 1002.421.

1385 6. Investigate fraudulent activity on behalf of

1386 organizations, participating eligible private schools, or

1387 scholarship recipients to determine possible fraud or

1388 overpayment. If, by the department’s own inquiries or as a

1389 result of a complaint, the commissioner has reason to believe

1390 that an organization, a private school, or a recipient has

1391 engaged in, or is engaging in, a fraudulent act, he or she shall

1392 investigate and determine whether any fraud or overpayment has

1393 occurred. During the investigation, the department may examine

1394 all records and make inquiry of all persons who may have

1395 knowledge as to any irregularity incidental to the disbursement

1396 of state funds or other items or benefit authorizations to

1397 scholarship recipients. Based on the results of the

1398 investigation, the department may, in its discretion, refer the

1399 investigation to the Department of Financial Services for

1400 criminal investigation. Any suspected criminal violation

1401 identified by the department must be referred to the Department

1402 of Financial Services for criminal investigation. A person who

1403 commits an act of fraud is subject to the penalties provided in

1404 s. 414.39(5).

1405 7. 4. Require an annual, notarized, sworn compliance

1406 statement from participating private schools certifying

1407 compliance with state laws, and retain such records.

1408 8. 5. Coordinate with the entities conducting the health

1409 inspection for a private school to obtain copies of the

1410 inspection reports.

1411 9. 6. Conduct site visits to private schools entering a

1412 scholarship program for the first time. Beginning with the 2019

1413 2020 school year, a private school is not eligible to receive

1414 scholarship payments until a satisfactory site visit has been

1415 conducted and the school is in compliance with all other

1416 requirements of this section.

1417 10. 7. Coordinate with the State Fire Marshal to obtain

1418 access to fire inspection reports for private schools. The

1419 authority conducting the fire safety inspection shall certify to

1420 the State Fire Marshal that the annual inspection has been

1421 completed and that the school is in full compliance. The

1422 certification shall be made electronically or by such other

1423 means as directed by the State Fire Marshal.

1424 11. 8. Upon the request of a participating private school

1425 authorized to administer statewide assessments, provide at no

1426 cost to the school the statewide assessments administered under

1427 s. 1008.22 and any related materials for administering the

1428 assessments. Students at a private school may be assessed using

1429 the statewide assessments if the addition of those students and

1430 the school does not cause the state to exceed its contractual

1431 caps for the number of students tested and the number of testing

1432 sites. The state shall provide the same materials and support to

1433 a private school that it provides to a public school. A private

1434 school that chooses to administer statewide assessments under s.

1435 1008.22 shall follow the requirements set forth in ss. 1008.22

1436 and 1008.24, rules adopted by the State Board of Education to

1437 implement those sections, and district-level testing policies

1438 established by the district school board.

1439 12. Maintain and annually publish a list of nationally

1440 norm-referenced tests identified for purposes of satisfying the

1441 testing requirements in subsection (7). The tests must meet

1442 industry standards of quality in accordance with state board

1443 rule.

1444 13. Develop a standard withdrawal form for parents who are

1445 withdrawing their students from public school to enroll in a

1446 scholarship program under this chapter. The form must include

1447 the student’s Florida student identification number, full name,

1448 date of birth, school or program from which the student is

1449 withdrawing, and date of withdrawal.

1450 14. Annually report on the number of students withdrawing

1451 from each scholarship program and enrolling in a public school,

1452 and the number of students withdrawing from a public school and

1453 enrolling in a scholarship program, by scholarship type.

1454 (b) The department may conduct site visits to any private

1455 school participating in a scholarship program pursuant to this

1456 chapter that has received a complaint about a violation of state

1457 law or state board rule pursuant to subparagraph (a)3. or has

1458 received a notice of noncompliance or a notice of proposed

1459 action within the previous 2 years.

1460 (c) At the direction of the Commissioner of Education, the

1461 department may:

1462 1. Suspend or revoke program participation or use of

1463 program funds by the student or participation or eligibility of

1464 an organization, eligible postsecondary educational institution,

1465 approved provider, or other party for a violation of this

1466 section.

1467 2. Determine the length of, and conditions for lifting, a

1468 suspension or revocation specified in this paragraph.

1469 3. Recover unexpended program funds or withhold payment of

1470 an equal amount of program funds to recover program funds that

1471 were not authorized for use.

1473 In determining whether to suspend or revoke participation or

1474 lift a suspension or revocation in accordance with this

1475 paragraph, the department may consider factors that include, but

1476 are not limited to, acts or omissions that led to a previous

1477 suspension or revocation of participation in a state or federal

1478 program or an education scholarship program; failure to

1479 reimburse the organization for funds improperly received or

1480 retained; failure to reimburse government funds improperly

1481 received or retained; imposition of a prior criminal sanction

1482 related to the person or entity or its officers or employees;

1483 imposition of a civil fine or administrative fine, license

1484 revocation or suspension, or program eligibility suspension,

1485 termination, or revocation related to a person’s or entity’s

1486 management or operation; or other types of criminal proceedings

1487 in which the person or entity or its officers or employees were

1488 found guilty of, regardless of adjudication, or entered a plea

1489 of nolo contendere or guilty to, any offense involving fraud,

1490 deceit, dishonesty, or moral turpitude.

1491 (d) The department, in consultation with the organization,

1492 shall develop a uniform reimbursement process that organizations

1493 must use, beginning with the 2026-2027 school year, when

1494 processing reimbursement requests, including invoices, pursuant

1495 to s. 1002.394(11)(b) or s. 1002.395(6)(p). An organization must

1496 approve, deny, or request more information relating to a

1497 reimbursement request within 30 days after receipt of such

1498 request. The department shall coordinate with each organization

1499 to develop a process to collect input and feedback from parents,

1500 private schools, and providers before an organization may

1501 implement substantial modifications or enhancements to the

1502 reimbursement process.

1503 (e) Annually, by December 15, the department shall report

1504 to the Governor, the President of the Senate, and the Speaker of

1505 the House of Representatives its actions in implementing

1506 accountability in the scholarship programs under this section,

1507 both Florida Empowerment Scholarships and Florida Tax Credit

1508 Scholarships, any substantiated allegations or violations of law

1509 or rule by an eligible private school or organization under this

1510 section, and the corrective action taken.

1511 (11) ~~(3)~~ COMMISSIONER OF EDUCATION AUTHORITY AND

1512 OBLIGATIONS.—The Commissioner of Education:

1513 (a) Shall deny, suspend, or revoke a private school’s

1514 participation in a scholarship program if it is determined that

1515 the private school has failed to comply with this section or

1516 exhibits a previous pattern of failure to comply. However, if

1517 the noncompliance is correctable within a reasonable amount of

1518 time, not to exceed 45 days, and if the health, safety, or

1519 welfare of the students is not threatened, the commissioner may

1520 issue a notice of noncompliance which provides the private

1521 school with a timeframe within which to provide evidence of

1522 compliance before taking action to suspend or revoke the private

1523 school’s participation in the scholarship program.

1524 (b) May deny, suspend, or revoke a private school’s

1525 participation in a scholarship program if the commissioner

1526 determines that an owner or operator of the private school is

1527 operating or has operated an educational institution in this

1528 state or in another state or jurisdiction in a manner contrary

1529 to the health, safety, or welfare of the public or if the owner

1530 or operator has exhibited a previous pattern of failure to

1531 comply with this section or specific requirements identified

1532 within respective scholarship program laws. ~~For purposes of this~~

1533 ~~subsection, the term “owner or operator” has the same meaning as~~

1534 ~~provided in paragraph (1)(p).~~

1535 (c) May permanently deny or revoke the authority of an

1536 owner, officer, or director to establish or operate a private

1537 school in the state and include such individual on the

1538 disqualification list maintained by the department pursuant to

1539 s. 1001.10(4)(b) if the commissioner decides that the owner,

1540 officer, or director:

1541 1. Is operating or has operated an educational institution

1542 in the state or another state or jurisdiction in a manner

1543 contrary to the health, safety, or welfare of the public; or

1544 2. Has operated an educational institution that closed

1545 during the school year. An individual may be removed from the

1546 disqualification list if the individual reimburses the

1547 department or eligible nonprofit scholarship-funding

1548 organization the amount of scholarship funds received by the

1549 educational institution during the school year in which it

1550 closed.

1551 (d)1. In making such a determination, may consider factors

1552 that include, but are not limited to, acts or omissions by an

1553 owner or operator which led to a previous denial, suspension, or

1554 revocation of participation in a state or federal education

1555 scholarship program; an owner’s or operator’s failure to

1556 reimburse the department or scholarship-funding organization for

1557 scholarship funds improperly received or retained by a school;

1558 the imposition of a prior criminal sanction related to an

1559 owner’s or operator’s management or operation of an educational

1560 institution; the imposition of a civil fine or administrative

1561 fine, license revocation or suspension, or program eligibility

1562 suspension, termination, or revocation related to an owner’s or

1563 operator’s management or operation of an educational

1564 institution; or other types of criminal proceedings in which an

1565 owner or operator was found guilty of, regardless of

1566 adjudication, or entered a plea of nolo contendere or guilty to,

1567 any offense involving fraud, deceit, dishonesty, or moral

1568 turpitude.

1569 2. The commissioner’s determination is subject to the

1570 following:

1571 a. If the commissioner intends to deny, suspend, or revoke

1572 a private school’s participation in the scholarship program, the

1573 department shall notify the private school of such proposed

1574 action in writing by certified mail and regular mail to the

1575 private school’s address of record with the department. The

1576 notification shall include the reasons for the proposed action

1577 and notice of the timelines and procedures set forth in this

1578 paragraph.

1579 b. The private school that is adversely affected by the

1580 proposed action shall have 15 days after receipt of the notice

1581 of proposed action to file with the department’s agency clerk a

1582 request for a proceeding pursuant to ss. 120.569 and 120.57. If

1583 the private school is entitled to a hearing under s. 120.57(1),

1584 the department shall forward the request to the Division of

1585 Administrative Hearings.

1586 c. Upon receipt of a request referred pursuant to this

1587 subparagraph, the director of the Division of Administrative

1588 Hearings shall expedite the hearing and assign an administrative

1589 law judge who shall commence a hearing within 30 days after the

1590 receipt of the formal written request by the division and enter

1591 a recommended order within 30 days after the hearing or within

1592 30 days after receipt of the hearing transcript, whichever is

1593 later. Each party shall be allowed 10 days in which to submit

1594 written exceptions to the recommended order. A final order shall

1595 be entered by the agency within 30 days after the entry of a

1596 recommended order. The provisions of this sub-subparagraph may

1597 be waived upon stipulation by all parties.

1598 (e) May immediately suspend payment of scholarship funds if

1599 it is determined that there is probable cause to believe that

1600 there is:

1601 1. An imminent threat to the health, safety, or welfare of

1602 the students;

1603 2. A previous pattern of failure to comply with this

1604 section; or

1605 3. Fraudulent activity on the part of the private school ;

1606 4. Fraudulent activity or failure to comply with this

1607 section on the part of an organization; or

1608 5. Fraudulent activity or failure to comply with this

1609 section on the part of a scholarship recipient . Notwithstanding

1610 s. 1002.22, in incidents of alleged fraudulent activity pursuant

1611 to this section, the department’s Office of Inspector General is

1612 authorized to release personally identifiable records or reports

1613 of students to the following persons or organizations:

1614 a. A court of competent jurisdiction in compliance with an

1615 order of that court or the attorney of record in accordance with

1616 a lawfully issued subpoena, consistent with the Family

1617 Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.

1618 b. A person or entity authorized by a court of competent

1619 jurisdiction in compliance with an order of that court or the

1620 attorney of record pursuant to a lawfully issued subpoena,

1621 consistent with the Family Educational Rights and Privacy Act,

1622 20 U.S.C. s. 1232g.

1623 c. Any person, entity, or authority issuing a subpoena for

1624 law enforcement purposes when the court or other issuing agency

1625 has ordered that the existence or the contents of the subpoena

1626 or the information furnished in response to the subpoena not be

1627 disclosed, consistent with the Family Educational Rights and

1628 Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.

1630 The commissioner’s order suspending payment pursuant to this

1631 paragraph may be appealed pursuant to the same procedures and

1632 timelines as the notice of proposed action set forth in

1633 subparagraph (d)2.

1634 (12) SCHOOL DISTRICT OBLIGATIONS.—

1635 (a) By January 1 of each year, a school district shall

1636 inform all households within the district receiving free or

1637 reduced-priced meals under the National School Lunch Act of

1638 their eligibility to apply for a scholarship program established

1639 under this chapter. The form of such notice shall be provided by

1640 the department, and the school district shall include the

1641 provided form in any normal correspondence with eligible

1642 households. If an organization requests a special communication

1643 to be issued to households within the district receiving free or

1644 reduced-price meals under the National School Lunch Act, the

1645 organization shall reimburse the district for the cost of

1646 postage. Such notice is limited to once a year.

1647 (b) Upon the request of the department, a school district

1648 shall coordinate with the department to provide to a

1649 participating private school the statewide assessments

1650 administered under s. 1008.22 and any related materials for

1651 administering the assessments. For a student participating in a

1652 scholarship program established under this chapter whose parent

1653 requests that the student take the statewide assessments under

1654 s. 1008.22, the district in which the student attends a

1655 participating private school shall provide locations and times

1656 to take all statewide assessments. A school district is

1657 responsible for implementing test administrations at a

1658 participating private school, including:

1659 1. Providing training for private school staff on test

1660 security and assessment administration procedures;

1661 2. Distributing testing materials to a private school;

1662 3. Retrieving testing materials from a private school;

1663 4. Providing the required format for a private school to

1664 submit information to the district for test administration and

1665 enrollment purposes; and

1666 5. Providing any required assistance, monitoring, or

1667 investigation at a private school.

1668 (c) Each school district must publish information about a

1669 scholarship program established under this chapter on the

1670 district’s website homepage. At a minimum, the published

1671 information must include a website link to the scholarship

1672 programs published on the department’s website as well as a

1673 telephone number and e-mail address that students and parents

1674 may use to contact relevant personnel in the school district to

1675 obtain information about the scholarship.

1676 (d) A school district, upon the request of a parent, must

1677 provide the parent of a student enrolled in a school in the

1678 school district the standard withdrawal form developed by the

1679 department. The school district must sign a completed form

1680 within 10 days after receipt. The school district must also

1681 publish the withdrawal form on its website in a downloadable

1682 format no later than 10 days after adoption by the department.

1683 ~~(4) The inclusion of eligible private schools within~~

1684 ~~options available to Florida public school students does not~~

1685 ~~expand the regulatory authority of the state, its officers, or~~

1686 ~~any school district to impose any additional regulation of~~

1687 ~~private schools beyond those reasonably necessary to enforce~~

1688 ~~requirements expressly set forth in this section.~~

1689 (13) ~~(5)~~ RULEMAKING.— The State Board of Education shall

1690 adopt rules pursuant to ss. 120.536(1) and 120.54 to administer

1691 this section, including rules to establish a deadline for

1692 private school applications for participation and timelines for

1693 the department to conduct site visits.

1694 Section 5. Subsections (2) through (12) of section

1695 1002.394, Florida Statutes, are amended to read:

1696 1002.394 The Family Empowerment Scholarship Program.—

1697 (2) DEFINITIONS.—As used in this section, the term:

1698 (a) ~~“Approved provider” means a provider approved by the~~

1699 ~~Agency for Persons with Disabilities, a health care practitioner~~

1700 ~~as defined in s. 456.001, or a provider approved by the~~

1701 ~~department pursuant to s. 1002.66.~~

1702 ~~(b) “Choice navigator” has the same meaning as in s.~~

1703 ~~1002.395(2).~~

1704 ~~(c) “Curriculum” means a complete course of study for a~~

1705 ~~particular content area or grade level, including any required~~

1706 ~~supplemental materials and associated online instruction.~~

1707 ~~(d)~~ “Department” means the Department of Education.

1708 ~~(e) “Disability” means, for a 3- or 4-year-old child or for~~

1709 ~~a student in kindergarten to grade 12, autism spectrum disorder,~~

1710 ~~as defined in the Diagnostic and Statistical Manual of Mental~~

1711 ~~Disorders, Fifth Edition, published by the American Psychiatric~~

1712 ~~Association; cerebral palsy, as defined in s. 393.063; Down~~

1713 ~~syndrome, as defined in s. 393.063; an intellectual disability,~~

1714 ~~as defined in s. 393.063; a speech impairment; a language~~

1715 ~~impairment; an orthopedic impairment; any other health~~

1716 ~~impairment; an emotional or a behavioral disability; a specific~~

1717 ~~learning disability, including, but not limited to, dyslexia,~~

1718 ~~dyscalculia, or developmental aphasia; Phelan-McDermid syndrome,~~

1719 ~~as defined in s. 393.063; Prader-Willi syndrome, as defined in~~

1720 ~~s. 393.063; spina bifida, as defined in s. 393.063; being a~~

1721 ~~high-risk child, as defined in s. 393.063(23)(a); muscular~~

1722 ~~dystrophy; Williams syndrome; rare diseases which affect patient~~

1723 ~~populations of fewer than 200,000 individuals in the United~~

1724 ~~States, as defined by the National Organization for Rare~~

1725 ~~Disorders; anaphylaxis; a hearing impairment, including~~

1726 ~~deafness; a visual impairment, including blindness; traumatic~~

1727 ~~brain injury; hospital or homebound; or identification as dual~~

1728 ~~sensory impaired, as defined by rules of the State Board of~~

1729 ~~Education and evidenced by reports from local school districts.~~

1730 ~~The term “hospital or homebound” includes a student who has a~~

1731 ~~medically diagnosed physical or psychiatric condition or~~

1732 ~~illness, as defined by the state board in rule, and who is~~

1733 ~~confined to the home or hospital for more than 6 months.~~

1734 ~~(f) “Eligible nonprofit scholarship-funding organization”~~

1735 ~~or “organization” has the same meaning as in s. 1002.395(2).~~

1736 ~~(g) “Eligible postsecondary educational institution” means~~

1737 ~~a Florida College System institution; a state university; a~~

1738 ~~school district technical center; a school district adult~~

1739 ~~general education center; an independent college or university~~

1740 ~~that is eligible to participate in the William L. Boyd, IV,~~

1741 ~~Effective Access to Student Education Grant Program under s.~~

1742 ~~1009.89; or an accredited independent postsecondary educational~~

1743 ~~institution, as defined in s. 1005.02, which is licensed to~~

1744 ~~operate in this state under part III of chapter 1005 or is~~

1745 ~~approved to participate in a reciprocity agreement as defined in~~

1746 ~~s. 1000.35(2).~~

1747 ~~(h) “Eligible private school” has the same meaning as in s.~~

1748 ~~1002.395(2).~~

1749 ~~(i) “IEP” means an individual education plan, regardless of~~

1750 ~~whether the plan has been reviewed or revised within the last 12~~

1751 ~~months.~~

1752 ~~(j) “Inactive” means that no eligible expenditures have~~

1753 ~~been made from an account funded pursuant to paragraph (12)(b).~~

1754 ~~(k) “Job coach” means an individual employed to help people~~

1755 ~~with disabilities learn, accommodate to, and perform their work~~

1756 ~~duties.~~

1757 ~~(l) “Law enforcement officer” has the same meaning as~~

1758 ~~provided in s. 943.10(1).~~

1759 ~~(m) “Parent” means a resident of this state who is a~~

1760 ~~parent, as defined in s. 1000.21.~~

1761 (b) ~~(n)~~ “Program” means the Family Empowerment Scholarship

1762 Program.

1763 (3) SCHOLARSHIP ELIGIBILITY.—

1764 (a) 1. A parent of a student may apply pursuant to s.

1765 1002.421 for and receive from the state a scholarship for the

1766 purposes specified in paragraph (4)(a) if the student:

1767 1. a. Is a resident of this state or the dependent child of

1768 an active duty member of the United States Armed Forces who has

1769 received permanent change of station orders to this state; and

1770 2. b. Is eligible to enroll in kindergarten through grade 12

1771 in a public school in this state or received a scholarship under

1772 the former Hope Scholarship Program in the 2023-2024 school

1773 year.

1774 ~~2. Priority must be given in the following order:~~

1775 ~~a. A student whose household income level does not exceed~~

1776 ~~185 percent of the federal poverty level or who is in foster~~

1777 ~~care or out-of-home care.~~

1778 ~~b. A student whose household income level exceeds 185~~

1779 ~~percent of the federal poverty level, but does not exceed 400~~

1780 ~~percent of the federal poverty level.~~

1781 (b) A parent of a student with a disability may apply

1782 pursuant to s. 1002.421 for and receive from the state a

1783 scholarship , which shall be referred to as the McKay-Gardiner

1784 Scholarship, for the purposes specified in paragraph (4)(b) if

1785 the student:

1786 1. Is a resident of this state or the dependent child of an

1787 active duty member of the United States Armed Forces who has

1788 received permanent change of station orders to this state or, at

1789 the time of renewal, whose home of record or state of legal

1790 residence is Florida;

1791 2. Is 3 or 4 years of age during the year in which the

1792 student applies for program participation or is eligible to

1793 enroll in kindergarten through grade 12 in a public school in

1794 this state;

1795 3. Has a disability ~~as defined in subsection (2)~~ ; and

1796 4. Is the subject of an IEP written in accordance with

1797 rules of the State Board of Education or with the applicable

1798 rules of another state or has received a diagnosis of a

1799 disability from a physician who is licensed under chapter 458 or

1800 chapter 459, a psychologist who is licensed under chapter 490,

1801 or a physician who holds an active license issued by another

1802 state or territory of the United States, the District of

1803 Columbia, or the Commonwealth of Puerto Rico.

1804 (4) AUTHORIZED USES OF PROGRAM FUNDS.—

1805 (a) Program funds awarded to a student determined eligible

1806 pursuant to paragraph (3)(a) may be used for:

1807 1. Tuition and fees at an eligible private school.

1808 2. Instructional materials, including digital materials ,

1809 digital devices, and Internet resources.

1810 3. Curriculum ~~as defined in subsection (2)~~ .

1811 4. Tuition and fees associated with full-time or part-time

1812 enrollment in an eligible postsecondary educational institution

1813 or a program offered by the postsecondary educational

1814 institution, unless the program is subject to s. 1009.25 or

1815 reimbursed pursuant to s. 1009.30; an approved preapprenticeship

1816 program as defined in s. 446.021(5) which is not subject to s.

1817 1009.25 and complies with all applicable requirements of the

1818 department pursuant to chapter 1005; a private tutoring program

1819 authorized under s. 1002.43; a virtual program offered by a

1820 department-approved private online provider that meets the

1821 provider qualifications specified in s. 1002.45(2)(a); the

1822 Florida Virtual School as a private paying student; or an

1823 approved online course offered pursuant to s. 1003.499 or s.

1824 1004.0961.

1825 5. Fees for nationally standardized, norm-referenced

1826 achievement tests, Advanced Placement Examinations, industry

1827 certification examinations, assessments related to postsecondary

1828 education, or other assessments.

1829 6. Contracted services provided by a public school or

1830 school district, including classes. A student who receives

1831 contracted services under this subparagraph is not considered

1832 enrolled in a public school for eligibility purposes as

1833 specified in subsection (6) but rather attending a public school

1834 on a part-time basis as authorized under s. 1002.44.

1835 7. Tuition and fees for part-time tutoring services or fees

1836 for services provided by a choice navigator. Such services must

1837 be provided by a person who holds a valid Florida educator’s

1838 certificate pursuant to s. 1012.56, a person who holds an

1839 adjunct teaching certificate pursuant to s. 1012.57, a person

1840 who has a bachelor’s degree or a graduate degree in the subject

1841 area or related subject area in which instruction is given, a

1842 person who has demonstrated a mastery of subject area knowledge

1843 pursuant to s. 1012.56(5), or a person certified by a nationally

1844 or internationally recognized research-based training program as

1845 approved by the department. As used in this subparagraph, the

1846 term “part-time tutoring services” does not qualify as regular

1847 school attendance as defined in s. 1003.01(16)(e).

1848 8. Membership dues and related activity fees for

1849 participation in career and technical student organizations.

1850 (b) Program funds awarded to a student with a disability

1851 determined eligible pursuant to paragraph (3)(b) may be used for

1852 the following purposes:

1853 1. Instructional materials, including digital devices,

1854 digital periphery devices, and assistive technology devices that

1855 allow a student to access instruction or instructional content

1856 and training on the use of and maintenance agreements for these

1857 devices.

1858 2. Curriculum ~~as defined in subsection (2)~~ .

1859 3. Specialized services by approved providers or by a

1860 hospital in this state which are selected by the parent. These

1861 specialized services may include, but are not limited to:

1862 a. Applied behavior analysis services as provided in ss.

1863 627.6686 and 641.31098.

1864 b. Services provided by speech-language pathologists as

1865 defined in s. 468.1125(8).

1866 c. Occupational therapy as defined in s. 468.203.

1867 d. Services provided by physical therapists as defined in

1868 s. 486.021(8).

1869 e. Services provided by listening and spoken language

1870 specialists and an appropriate acoustical environment for a

1871 child who has a hearing impairment, including deafness, and who

1872 has received an implant or assistive hearing device.

1873 4. Tuition and fees associated with full-time or part-time

1874 enrollment in a home education program that meets all of the

1875 following requirements:

1876 a. Provides educational courses or activities.

1877 b. Has a publicly available description of courses and

1878 activities.

1879 c. Has a tuition and fee schedule.

1880 d. Makes the tuition and fees payable to a registered

1881 business entity.

1882 5. Tuition and fees associated with full-time or part-time

1883 enrollment in ; an eligible private school; an eligible

1884 postsecondary educational institution or a program offered by

1885 the postsecondary educational institution, unless the program is

1886 subject to s. 1009.25 or reimbursed pursuant to s. 1009.30; an

1887 approved preapprenticeship program as defined in s. 446.021(5)

1888 which is not subject to s. 1009.25 and complies with all

1889 applicable requirements of the department pursuant to chapter

1890 1005; a private tutoring program authorized under s. 1002.43; a

1891 virtual program offered by a department-approved private online

1892 provider that meets the provider qualifications specified in s.

1893 1002.45(2)(a); the Florida Virtual School as a private paying

1894 student; or an approved online course offered pursuant to s.

1895 1003.499 or s. 1004.0961.

1896 6. 5. Fees for nationally standardized, norm-referenced

1897 achievement tests, Advanced Placement Examinations, industry

1898 certification examinations, assessments related to postsecondary

1899 education, or other assessments.

1900 7. 6. Contributions to the Stanley G. Tate Florida Prepaid

1901 College Program pursuant to s. 1009.98 or the Florida College

1902 Savings Program pursuant to s. 1009.981 for the benefit of the

1903 eligible student.

1904 8. 7. Contracted services provided by a public school or

1905 school district, including classes. A student who receives

1906 services under a contract under this paragraph is not considered

1907 enrolled in a public school for eligibility purposes as

1908 specified in subsection (6) but rather attending a public school

1909 on a part-time basis as authorized under s. 1002.44.

1910 9. 8. Tuition and fees for part-time tutoring services or

1911 fees for services provided by a choice navigator. Such services

1912 must be provided by a person who holds a valid Florida

1913 educator’s certificate pursuant to s. 1012.56, a person who

1914 holds an adjunct teaching certificate pursuant to s. 1012.57, a

1915 person who has a bachelor’s degree or a graduate degree in the

1916 subject area or related subject area in which instruction is

1917 given, a person who has demonstrated a mastery of subject area

1918 knowledge pursuant to s. 1012.56(5), or a person certified by a

1919 nationally or internationally recognized research-based training

1920 program as approved by the department. As used in this

1921 subparagraph, the term “part-time tutoring services” does not

1922 qualify as regular school attendance as defined in s.

1923 1003.01(16)(e).

1924 10. 9. Fees for specialized summer education programs.

1925 11. ~~10.~~ Fees for specialized after-school education

1926 programs.

1927 12. ~~11.~~ Transition services provided by job coaches.

1928 Transition services are a coordinated set of activities which

1929 are focused on improving the academic and functional achievement

1930 of a student with a disability to facilitate the student’s

1931 movement from school to postschool activities and are based on

1932 the student’s needs.

1933 13. ~~12.~~ Fees for an annual evaluation of educational

1934 progress by a state-certified teacher under s. 1002.41(1)(f), if

1935 this option is chosen for a home education student.

1936 14. ~~13.~~ Tuition and fees associated with programs offered by

1937 Voluntary Prekindergarten Education Program providers approved

1938 pursuant to s. 1002.55, school readiness providers approved

1939 pursuant to s. 1002.88, and prekindergarten programs offered by

1940 an eligible private school.

1941 15. ~~14.~~ Fees for services provided at a center that is a

1942 member of the Professional Association of Therapeutic

1943 Horsemanship International.

1944 16. ~~15.~~ Fees for services provided by a therapist who is

1945 certified by the Certification Board for Music Therapists or

1946 credentialed by the Art Therapy Credentials Board, Inc.

1947 17. Membership dues and related activity fees for

1948 participation in career and technical student organizations.

1949 (5) TERM OF SCHOLARSHIP.—For purposes of continuity of

1950 educational choice:

1951 (a)1. A scholarship funded to an eligible student pursuant

1952 to paragraph (3)(a) shall remain in force until:

1953 a. The organization determines that the student is not

1954 eligible for program renewal;

1955 b. The Commissioner of Education suspends or revokes

1956 program participation or use of funds;

1957 c. The student’s parent has forfeited participation in the

1958 program for failure to comply with the scholarship program

1959 requirements ~~subsection (10)~~ ;

1960 d. The student, who uses the scholarship for tuition and

1961 fees pursuant to subparagraph (4)(a)1., enrolls in a public

1962 school. However, if a student enters a Department of Juvenile

1963 Justice detention center for a period of no more than 21 days,

1964 the student is not considered to have returned to a public

1965 school on a full-time basis for that purpose; or

1966 e. The student graduates from high school or attains 21

1967 years of age, whichever occurs first.

1968 2. a. The student’s scholarship account must be closed and

1969 any remaining funds shall revert to the state after:

1970 a. ~~(I)~~ Denial or revocation of program eligibility by the

1971 commissioner for fraud or abuse, including, but not limited to,

1972 the student or student’s parent accepting any payment, refund,

1973 or rebate, in any manner, from a provider of any services

1974 received pursuant to paragraph (4)(a);

1975 b. ~~(II)~~ One fiscal year ~~Two consecutive fiscal years~~ in

1976 which an account has been inactive; or

1977 c. ~~(III)~~ A student remains unenrolled in an eligible private

1978 school for 30 days while receiving a scholarship that requires

1979 full-time enrollment ; or

1980 d. A student’s scholarship no longer remains in force due

1981 to any of the reasons provided in subparagraph 1 .

1982 3. An organization must notify the parent prior to closing

1983 a student’s account regarding the reason the account will be

1984 closed and that the balance of funds will revert upon closure.

1985 4. An organization must annually report to the department

1986 the total number of scholarship accounts that were closed

1987 pursuant to subparagraph 2. and the amount of funds, by account,

1988 which

1989 ~~b. Reimbursements for program expenditures may continue~~

1990 ~~until the account balance is expended or remaining funds have~~

1991 reverted to the state.

1992 (b)1. A scholarship funded to an eligible student pursuant

1993 to paragraph (3)(b) shall remain in force until:

1994 a. The parent does not renew program eligibility;

1995 b. The organization determines that the student is not

1996 eligible for program renewal;

1997 c. The Commissioner of Education suspends or revokes

1998 program participation or use of funds;

1999 d. The student’s parent has forfeited participation in the

2000 program for failure to comply with the scholarship requirements

2001 ~~subsection (10)~~ ;

2002 e. The student enrolls full time in a public school; or

2003 f. The student graduates from high school or attains 22

2004 years of age, whichever occurs first.

2005 2. Reimbursements for program expenditures may continue

2006 until the account balance is expended or the account is closed.

2007 3. A student’s scholarship account must be closed and any

2008 remaining funds, including, but not limited to, contributions

2009 made to the Stanley G. Tate Florida Prepaid College Program or

2010 earnings from or contributions made to the Florida College

2011 Savings Program using program funds pursuant to subparagraph

2012 (4)(b)7. ~~(4)(b)6.~~ , shall revert to the state after:

2013 a. Denial or revocation of program eligibility by the

2014 commissioner for fraud or abuse, including, but not limited to,

2015 the student or student’s parent accepting any payment, refund,

2016 or rebate, in any manner, from a provider of any services

2017 received pursuant to subsection (4); or

2018 b. Any period of 3 consecutive years after high school

2019 completion or graduation during which the student has not been

2020 enrolled in an eligible postsecondary educational institution or

2021 a program offered by the institution ~~; or~~

2022 ~~c. Two consecutive fiscal years in which an account has~~

2023 ~~been inactive~~ .

2024 4. An organization must notify the parent prior to closing

2025 a student’s account regarding the reason the account will be

2026 closed and that the balance of funds will revert upon closure.

2027 5. Upon a student reaching the age of 16, the organization

2028 must notify the parent if there is a balance in the student’s

2029 account and provide the amount of the balance and information

2030 regarding how the funds may be used.

2031 6. An organization must annually report to the department

2032 the total number of scholarship accounts that were closed

2033 pursuant to subparagraph 3. and the amount of funds by account

2034 that reverted to the state.

2035 (c) Upon reasonable notice to the organization and the

2036 school district, the student’s parent may remove the student

2037 from the participating private school and place the student in a

2038 public school in accordance with this section. Upon receipt of

2039 notification from the parent, the organization must notify the

2040 department of the student’s withdrawal from the scholarship

2041 program and may not provide payments into the student’s account.

2042 A violation of this paragraph by the organization results in

2043 liability on behalf of the organization pursuant to s.

2044 1002.421(4)(d).

2045 (d) Upon reasonable notice to the organization, the

2046 student’s parent may move the student from one participating

2047 private school to another participating private school.

2048 (6) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for

2049 a Family Empowerment Scholarship while he or she is:

2050 (a) Enrolled full time in a public school, including, but

2051 not limited to, the Florida School for the Deaf and the Blind,

2052 the College-Preparatory Boarding Academy, the Florida Virtual

2053 School, the Florida Scholars Academy, a developmental research

2054 school authorized under s. 1002.32, or a charter school

2055 authorized under this chapter. For purposes of this paragraph, a

2056 3- or 4-year-old child who receives services funded through the

2057 Florida Education Finance Program is considered to be a student

2058 enrolled in a public school;

2059 (b) Enrolled in a school operating for the purpose of

2060 providing educational services to youth in a Department of

2061 Juvenile Justice commitment program;

2062 (c) Receiving any other educational scholarship pursuant to

2063 this chapter ~~. However, an eligible public school student~~

2064 ~~receiving a scholarship under s. 1002.411 may receive a stipend~~

2065 ~~for transportation pursuant to s. 1002.31(7)~~ ;

2066 (d) Not having regular and direct contact with his or her

2067 private school teachers pursuant to s. 1002.421(9)(i) s.

2068 ~~1002.421(1)(i)~~ , unless he or she is eligible pursuant to

2069 paragraph (3)(b) ~~and enrolled in the participating private~~

2070 ~~school’s transition-to-work program pursuant to subsection (16)~~

2071 ~~or a home education program pursuant to s. 1002.41~~ ;

2072 (e) Participating in a private tutoring program pursuant to

2073 s. 1002.43 unless he or she is determined eligible pursuant to

2074 paragraph (3)(b); or

2075 (f) Participating in virtual instruction pursuant to s.

2076 1002.455 that receives state funding pursuant to the student’s

2077 participation.

2078 (7) SCHOOL DISTRICT OBLIGATIONS.—

2079 (a) ~~By January 1 of each year, a school district shall~~

2080 ~~inform all households within the district receiving free or~~

2081 ~~reduced-priced meals under the National School Lunch Act of~~

2082 ~~their eligibility to apply to the department for a Family~~

2083 ~~Empowerment Scholarship. The form of such notice shall be~~

2084 ~~provided by the department, and the school district shall~~

2085 ~~include the provided form in any normal correspondence with~~

2086 ~~eligible households. Such notice is limited to once a year.~~

2087 ~~(b)~~ 1. The parent of a student with a disability who does

2088 not have an IEP in accordance with subparagraph (3)(b)4. or who

2089 seeks a reevaluation of an existing IEP may request an IEP

2090 meeting and evaluation from the school district in order to

2091 obtain or revise a matrix of services. The school district shall

2092 notify a parent who has made a request for an IEP that the

2093 district is required to complete the IEP and matrix of services

2094 within 60 30 days after receiving notice of the parent’s

2095 request. The school district shall conduct a meeting and develop

2096 an IEP and a matrix of services within 60 30 days after receipt

2097 of the parent’s request in accordance with State Board of

2098 Education rules. The district must accept the diagnosis and

2099 consider the service plan of the licensed professional providing

2100 the diagnosis pursuant to subparagraph (3)(b)4. The school

2101 district must complete a matrix that assigns the student to one

2102 of the levels of service as they existed before the 2000-2001

2103 school year. For a nonpublic school student without an IEP, the

2104 school district is authorized to use evaluation reports and

2105 plans of care developed by the licensed professionals under

2106 subparagraph (4)(b)3. to complete the matrix of services.

2107 2.a. The school district must provide the student’s parent

2108 and the department with the student’s matrix level within 10

2109 calendar days after its completion.

2110 b. ~~The department shall notify the parent and the~~

2111 ~~organization of the amount of the funds awarded within 10 days~~

2112 ~~after receiving the school district’s notification of the~~

2113 ~~student’s matrix level.~~

2114 c. A school district may change a matrix of services only

2115 if the change is a result of an IEP reevaluation or to correct a

2116 technical, typographical, or calculation error.

2117 (b)1. ~~(c)1.~~ Within 10 days after an IEP meeting is held, a

2118 school district shall notify the parent of a student of all

2119 options available pursuant to this section and offer that

2120 student’s parent an opportunity to enroll the student in another

2121 public school in the school district.

2122 2. The parent is not required to accept the offer of

2123 enrolling the student in another public school in lieu of

2124 requesting a scholarship. However, if the parent chooses the

2125 public school option, the student may continue attending the

2126 public school chosen by the parent until the student graduates

2127 from high school.

2128 3. The parent may choose another public school in the

2129 school district, and the school district shall provide

2130 transportation to the public school selected by the parent.

2131 4. The parent may choose, as an alternative, to enroll the

2132 student in and transport the student to a public school in an

2133 adjacent school district that has available space and has a

2134 program with the services agreed to in the student’s IEP already

2135 in place, and that school district shall accept the student and

2136 report the student for purposes of the school district’s funding

2137 pursuant to the Florida Education Finance Program.

2138 ~~(d) Upon the request of the department, a school district~~

2139 ~~shall coordinate with the department to provide to a~~

2140 ~~participating private school the statewide assessments~~

2141 ~~administered under s. 1008.22 and any related materials for~~

2142 ~~administering the assessments. For a student who participates in~~

2143 ~~the Family Empowerment Scholarship Program whose parent requests~~

2144 ~~that the student take the statewide assessments under s.~~

2145 ~~1008.22, the district in which the student attends a~~

2146 ~~participating private school shall provide locations and times~~

2147 ~~to take all statewide assessments. A school district is~~

2148 ~~responsible for implementing test administrations at a~~

2149 ~~participating private school, including the:~~

2150 ~~1. Provision of training for private school staff on test~~

2151 ~~security and assessment administration procedures;~~

2152 ~~2. Distribution of testing materials to a private school;~~

2153 ~~3. Retrieval of testing materials from a private school;~~

2154 ~~4. Provision of the required format for a private school to~~

2155 ~~submit information to the district for test administration and~~

2156 ~~enrollment purposes; and~~

2157 ~~5. Provision of any required assistance, monitoring, or~~

2158 ~~investigation at a private school.~~

2159 ~~(e) Each school district must publish information about the~~

2160 ~~Family Empowerment Scholarship Program on the district’s website~~

2161 ~~homepage. At a minimum, the published information must include a~~

2162 ~~website link to the Family Empowerment Scholarship Program~~

2163 ~~published on the Department of Education website as well as a~~

2164 ~~telephone number and e-mail that students and parents may use to~~

2165 ~~contact relevant personnel in the school district to obtain~~

2166 ~~information about the scholarship.~~

2167 (8) DEPARTMENT OF EDUCATION OBLIGATIONS.—

2168 ~~(a)~~ The department shall:

2169 ~~1. Publish and update, as necessary, information on the~~

2170 ~~department website about the Family Empowerment Scholarship~~

2171 ~~Program, including, but not limited to, student eligibility~~

2172 ~~criteria, parental responsibilities, and relevant data.~~

2173 ~~2. Report, as part of the determination of full-time~~

2174 ~~equivalent membership pursuant to s. 1011.62(1)(a), all~~

2175 ~~scholarship students funded through the Florida Education~~

2176 ~~Finance Program, and cross-check the list of scholarship~~

2177 ~~students submitted by the eligible nonprofit scholarship-funding~~

2178 ~~organization with the full-time equivalent student membership~~

2179 ~~survey data to avoid duplication.~~

2180 ~~3. Maintain and annually publish a list of nationally norm~~

2181 ~~referenced tests identified for purposes of satisfying the~~

2182 ~~testing requirement in subparagraph (9)(c)1. The tests must meet~~

2183 ~~industry standards of quality in accordance with state board~~

2184 ~~rule.~~

2185 ~~4. Notify eligible nonprofit scholarship-funding~~

2186 ~~organizations of the deadlines for submitting the verified list~~

2187 ~~of eligible scholarship students.~~

2188 (a) 5. Deny or terminate program participation upon a

2189 parent’s failure to comply with the scholarship program

2190 requirements ~~subsection (10)~~ .

2191 ~~6. Notify the parent and the organization when a~~

2192 ~~scholarship account is closed and program funds revert to the~~

2193 ~~state.~~

2194 ~~7. Notify an eligible nonprofit scholarship-funding~~

2195 ~~organization of any of the organization’s or other~~

2196 ~~organization’s identified students who are receiving~~

2197 ~~scholarships under this chapter.~~

2198 (b) 8. Maintain on its website a list of approved providers

2199 as required by s. 1002.66, eligible postsecondary educational

2200 institutions, eligible private schools, and eligible

2201 organizations and may identify or provide links to lists of

2202 other approved providers.

2203 ~~9. Require each organization to verify eligible~~

2204 ~~expenditures before the distribution of funds for any~~

2205 ~~expenditures made pursuant to subparagraphs (4)(b)1. and 2.~~

2206 ~~Review of expenditures made for services specified in~~

2207 ~~subparagraphs (4)(b)3.-15. may be completed after the purchase~~

2208 ~~is made.~~

2209 (c) ~~10.~~ Investigate any written complaint of a violation of

2210 this section by a parent, a student, a participating private

2211 school, a public school, a school district, an organization, a

2212 provider, or another appropriate party in accordance with the

2213 process established under s. 1002.421.

2214 (d) ~~11.~~ Require quarterly reports by an organization, which

2215 must include, at a minimum, the number of students participating

2216 in the program; the demographics of program participants; the

2217 disability category of program participants; the matrix level of

2218 services, if known; the program award amount per student; the

2219 total expenditures for the purposes specified in paragraph

2220 (4)(b); the types of providers of services to students; the

2221 number of scholarship applications received, the number of

2222 applications processed within 30 days after receipt, and the

2223 number of incomplete applications received; data related to

2224 reimbursement submissions, including the average number of days

2225 for a reimbursement to be reviewed and the average number of

2226 days for a reimbursement to be approved; any parent input and

2227 feedback collected regarding the program; and any other

2228 information deemed necessary by the department.

2229 ~~12. Notify eligible nonprofit scholarship-funding~~

2230 ~~organizations that scholarships may not be awarded in a school~~

2231 ~~district in which the award will exceed 99 percent of the school~~

2232 ~~district’s share of state funding through the Florida Education~~

2233 ~~Finance Program as calculated by the department.~~

2234 ~~13. Adjust payments to eligible nonprofit scholarship~~

2235 ~~funding organizations and, when the Florida Education Finance~~

2236 ~~Program is recalculated, adjust the amount of state funds~~

2237 ~~allocated to school districts through the Florida Education~~

2238 ~~Finance Program based upon the results of the cross-check~~

2239 ~~completed pursuant to subparagraph 2.~~

2240 ~~(b) At the direction of the Commissioner of Education, the~~

2241 ~~department may:~~

2242 ~~1. Suspend or revoke program participation or use of~~

2243 ~~program funds by the student or participation or eligibility of~~

2244 ~~an organization, eligible postsecondary educational institution,~~

2245 ~~approved provider, or other party for a violation of this~~

2246 ~~section.~~

2247 ~~2. Determine the length of, and conditions for lifting, a~~

2248 ~~suspension or revocation specified in this paragraph.~~

2249 ~~3. Recover unexpended program funds or withhold payment of~~

2250 ~~an equal amount of program funds to recover program funds that~~

2251 ~~were not authorized for use.~~

2253 ~~In determining whether to suspend or revoke participation or~~

2254 ~~lift a suspension or revocation in accordance with this~~

2255 ~~paragraph, the department may consider factors that include, but~~

2256 ~~are not limited to, acts or omissions that led to a previous~~

2257 ~~suspension or revocation of participation in a state or federal~~

2258 ~~program or an education scholarship program; failure to~~

2259 ~~reimburse the organization for funds improperly received or~~

2260 ~~retained; failure to reimburse government funds improperly~~

2261 ~~received or retained; imposition of a prior criminal sanction~~

2262 ~~related to the person or entity or its officers or employees;~~

2263 ~~imposition of a civil fine or administrative fine, license~~

2264 ~~revocation or suspension, or program eligibility suspension,~~

2265 ~~termination, or revocation related to a person’s or entity’s~~

2266 ~~management or operation; or other types of criminal proceedings~~

2267 ~~in which the person or entity or its officers or employees were~~

2268 ~~found guilty of, regardless of adjudication, or entered a plea~~

2269 ~~of nolo contendere or guilty to, any offense involving fraud,~~

2270 ~~deceit, dishonesty, or moral turpitude.~~

2271 (e) ~~(c)~~ ~~The department shall~~ Notify each school district of

2272 the full-time equivalent student consensus estimate of students

2273 participating in the program developed pursuant to s.

2274 216.136(4)(a).

2275 (f) ~~(d)~~ ~~The department may~~ Provide guidance to a

2276 participating private school that submits a transition-to-work

2277 program plan pursuant to subsection (15) ~~(16)~~ .

2278 (g) Develop guidance for students eligible pursuant to

2279 paragraph (3)(b) which details the available transition

2280 services, including postsecondary education, employment, and

2281 independent living, for which scholarship funds may be used.

2282 ~~(9) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be~~

2283 ~~eligible to participate in the Family Empowerment Scholarship~~

2284 ~~Program, a private school may be sectarian or nonsectarian and~~

2285 ~~must:~~

2286 ~~(a) Comply with all requirements for private schools~~

2287 ~~participating in state school choice scholarship programs~~

2288 ~~pursuant to s. 1002.421.~~

2289 ~~(b) Provide to the organization all documentation required~~

2290 ~~for a student’s participation, including confirmation of the~~

2291 ~~student’s admission to the private school, the private school’s~~

2292 ~~and student’s fee schedules, and any other information required~~

2293 ~~by the organization to process scholarship payment under~~

2294 ~~subparagraph (12)(a)3. Such information must be provided by the~~

2295 ~~deadlines established by the organization and in accordance with~~

2296 ~~the requirements of this section. A student is not eligible to~~

2297 ~~receive a quarterly scholarship payment if the private school~~

2298 ~~fails to meet the deadline.~~

2299 ~~(c)1. Annually administer or make provision for students~~

2300 ~~participating in the program in grades 3 through 10 to take one~~

2301 ~~of the nationally norm-referenced tests that are identified by~~

2302 ~~the department pursuant to paragraph (8)(a) or to take the~~

2303 ~~statewide assessments pursuant to s. 1008.22. Students with~~

2304 ~~disabilities for whom the physician or psychologist who issued~~

2305 ~~the diagnosis or the IEP team determines that standardized~~

2306 ~~testing is not appropriate are exempt from this requirement. A~~

2307 ~~participating private school shall report a student’s scores to~~

2308 ~~his or her parent. By August 15 of each year, a participating~~

2309 ~~private school must report the scores of all participating~~

2310 ~~students to a state university as described in s.~~

2311 ~~1002.395(9)(f).~~

2312 ~~2. Administer the statewide assessments pursuant to s.~~

2313 ~~1008.22 if the private school chooses to offer the statewide~~

2314 ~~assessments. A participating private school may choose to offer~~

2315 ~~and administer the statewide assessments to all students who~~

2316 ~~attend the private school in grades 3 through 10 and must submit~~

2317 ~~a request in writing to the department by March 1 of each year~~

2318 ~~in order to administer the statewide assessments in the~~

2319 ~~subsequent school year.~~

2320 ~~(d) For a student determined eligible pursuant to paragraph~~

2321 ~~(3)(b), discuss the school’s academic programs and policies,~~

2322 ~~specialized services, code of conduct, and attendance policies~~

2323 ~~before enrollment with the parent to determine which programs~~

2324 ~~and services may meet the student’s individual needs.~~

2326 ~~If a private school fails to meet the requirements of this~~

2327 ~~subsection or s. 1002.421, the commissioner may determine that~~

2328 ~~the private school is ineligible to participate in the~~

2329 ~~scholarship program.~~

2330 (9) ~~(10)~~ PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM

2331 PARTICIPATION.—

2332 (a) A parent who applies for a scholarship under paragraph

2333 (3)(a) whose student will be enrolled full time in an eligible

2334 private school must:

2335 1. Select an eligible private school and apply for the

2336 admission of his or her student.

2337 2. ~~Request the scholarship by the date established by the~~

2338 ~~organization in a manner that creates a written or electronic~~

2339 ~~record of the request and the date of receipt of the request.~~

2340 ~~3.a. Beginning with new applications for the 2025-2026~~

2341 ~~school year and thereafter, notify the organization by December~~

2342 ~~15 that the scholarship is being accepted or declined.~~

2343 ~~b. Beginning with renewal applications for the 2025-2026~~

2344 ~~school year and thereafter, notify the organization by May 31~~

2345 ~~that the scholarship is being renewed or declined.~~

2346 4. Inform the applicable school district when the parent

2347 withdraws his or her student from a public school to attend an

2348 eligible private school using the standard withdrawal form

2349 developed by the department pursuant to s. 1002.421 .

2350 3. 5. Require his or her student participating in the

2351 program to remain in attendance at the eligible private school

2352 throughout the school year unless excused by the school for

2353 illness or other good cause.

2354 4. 6. Meet with the eligible private school’s principal or

2355 the principal’s designee to review the school’s academic

2356 programs and policies, specialized services, code of student

2357 conduct, and attendance policies before enrollment.

2358 ~~7. Require his or her student participating in the program~~

2359 ~~to take the norm-referenced assessment offered by the eligible~~

2360 ~~private school. The parent may also choose to have the student~~

2361 ~~participate in the statewide assessments pursuant to paragraph~~

2362 ~~(7)(d). If the parent requests that the student participating in~~

2363 ~~the program take all statewide assessments required pursuant to~~

2364 ~~s. 1008.22, the parent is responsible for transporting the~~

2365 ~~student to the assessment site designated by the school~~

2366 ~~district.~~

2367 ~~8. Approve each payment before the scholarship funds may be~~

2368 ~~deposited by funds transfer pursuant to subparagraph (12)(a)3.~~

2369 ~~The parent may not designate any entity or individual associated~~

2370 ~~with the participating private school as the parent’s attorney~~

2371 ~~in fact to approve a funds transfer. A participant who fails to~~

2372 ~~comply with this paragraph forfeits the scholarship.~~

2373 ~~9. Agree to have the organization commit scholarship funds~~

2374 ~~on behalf of his or her student for tuition and fees for which~~

2375 ~~the parent is responsible for payment at the eligible private~~

2376 ~~school before using scholarship account funds for additional~~

2377 ~~authorized uses under paragraph (4)(a). A parent is responsible~~

2378 ~~for all eligible expenses in excess of the amount of the~~

2379 ~~scholarship.~~

2380 ~~10. Comply with the scholarship application and renewal~~

2381 ~~processes and requirements established by the organization.~~

2382 (b) A parent who applies for a scholarship under paragraph

2383 (3)(b) is exercising his or her parental option to determine the

2384 appropriate placement or the services that best meet the needs

2385 of his or her child and must :

2386 ~~1. Apply to an eligible nonprofit scholarship-funding~~

2387 ~~organization to participate in the program by a date set by the~~

2388 ~~organization. The request must be communicated directly to the~~

2389 ~~organization in a manner that creates a written or electronic~~

2390 ~~record of the request and the date of receipt of the request.~~

2391 ~~2.a. Beginning with new applications for the 2025-2026~~

2392 ~~school year and thereafter, notify the organization by December~~

2393 ~~15 that the scholarship is being accepted or declined.~~

2394 ~~b. Beginning with renewal applications for the 2025-2026~~

2395 ~~school year and thereafter, notify the organization by May 31~~

2396 ~~that the scholarship is being renewed or declined.~~

2397 3. sign an agreement with the organization and annually

2398 submit a sworn compliance statement to the organization to

2399 satisfy or maintain program eligibility, including eligibility

2400 to receive and spend program payments by:

2401 1. a. Affirming that the student is enrolled in a program

2402 that meets regular school attendance requirements as provided in

2403 s. 1003.01(16)(b), (c), or (d).

2404 2. b. Affirming that the program funds are used only for

2405 authorized purposes serving the student’s educational needs, as

2406 described in paragraph (4)(b); that any prepaid college plan or

2407 college savings plan funds contributed pursuant to subparagraph

2408 (4)(b)7. ~~subparagraph (4)(b)6.~~ will not be transferred to

2409 another beneficiary while the plan contains funds contributed

2410 pursuant to this section; and that they will not receive a

2411 payment, refund, or rebate of any funds provided under this

2412 section.

2413 3. c. Affirming that the parent is responsible for all

2414 eligible expenses in excess of the amount of the scholarship and

2415 for the education of his or her student by, as applicable:

2416 a. ~~(I)~~ Requiring the student to take an assessment in

2417 accordance with s. 1002.421(7) ~~paragraph (9)(c)~~ ;

2418 b. ~~(II)~~ Providing an annual evaluation in accordance with s.

2419 1002.41(1)(f); or

2420 c. ~~(III)~~ Requiring the child to take any preassessments and

2421 postassessments selected by the provider if the child is 4 years

2422 of age and is enrolled in a program provided by an eligible

2423 Voluntary Prekindergarten Education Program provider. A student

2424 with disabilities for whom the physician or psychologist who

2425 issued the diagnosis or the IEP team determines that a

2426 preassessment and postassessment is not appropriate is exempt

2427 from this requirement. A participating provider shall report a

2428 student’s scores to the parent.

2429 4. d. Affirming that the student remains in good standing

2430 with the provider or school if those options are selected by the

2431 parent.

2432 5. e. Enrolling his or her child in a program from a

2433 Voluntary Prekindergarten Education Program provider authorized

2434 under s. 1002.55, a school readiness provider authorized under

2435 s. 1002.88, a prekindergarten program offered by an eligible

2436 private school, or an eligible private school if selected by the

2437 parent.

2438 6. f. Comply with the scholarship application and renewal

2439 processes and requirements established by the organization. A

2440 student whose participation in the program is not renewed may

2441 continue to spend scholarship funds that are in his or her

2442 account from prior years unless the account must be closed

2443 pursuant to subparagraph (5)(b)3. Notwithstanding any changes to

2444 the student’s IEP, a student who was previously eligible for

2445 participation in the program shall remain eligible to apply for

2446 renewal. However, for a high-risk child to continue to

2447 participate in the program in the school year after he or she

2448 reaches 6 years of age, the child’s application for renewal of

2449 program participation must contain documentation that the child

2450 has a disability ~~defined in paragraph (2)(e)~~ other than high

2451 risk status.

2452 7. g. Procuring the services necessary to educate the

2453 student.

2454 a. If such services include enrollment in an eligible

2455 private school, the parent must meet with the private school’s

2456 principal or the principal’s designee to review the school’s

2457 academic programs and policies, specialized services, code of

2458 student conduct, and attendance policies before his or her

2459 student is enrolled. ~~The parent must also approve each payment~~

2460 ~~to the eligible private school before the scholarship funds may~~

2461 ~~be deposited by funds transfer pursuant to subparagraph~~

2462 ~~(12)(a)3. The parent may not designate any entity or individual~~

2463 ~~associated with the eligible private school as the parent’s~~

2464 ~~attorney in fact to approve a funds transfer.~~ When the student

2465 receives a scholarship, the district school board is not

2466 obligated to provide the student with a free appropriate public

2467 education. For purposes of s. 1003.57 and the Individuals with

2468 Disabilities in Education Act, a participating student has only

2469 those rights that apply to all other unilaterally parentally

2470 placed students, except that, when requested by the parent,

2471 school district personnel must develop an IEP or matrix level of

2472 services.

2473 b. If such services include enrollment in Florida Virtual

2474 School as a private paying student, the parent must agree to

2475 have the organization commit scholarship funds on behalf of his

2476 or her student for tuition and fees for which the parent is

2477 responsible for payment to the Florida Virtual School before

2478 using scholarship account funds for additional uses under

2479 paragraph (4)(b).

2480 (c) ~~A parent may not apply for multiple scholarships under~~

2481 ~~this section and s. 1002.395 for an individual student at the~~

2482 ~~same time.~~

2483 ~~(d)~~ A participant who fails to comply with this subsection

2484 forfeits the scholarship.

2485 (10) ~~(11)~~ OBLIGATIONS OF ELIGIBLE SCHOLARSHIP-FUNDING

2486 ORGANIZATIONS.—

2487 ~~(a)~~ An eligible nonprofit scholarship-funding organization

2488 awarding scholarships to eligible students pursuant to this

2489 section ~~paragraph (3)(a)~~ shall:

2490 ~~1. Establish a process for parents who are in compliance~~

2491 ~~with paragraph (10)(a) to renew their students’ scholarships.~~

2492 ~~Renewal applications for the 2025-2026 school year and~~

2493 ~~thereafter must provide for a renewal timeline beginning~~

2494 ~~February 1 of the prior school year and ending April 30 of the~~

2495 ~~prior school year. A student’s renewal is contingent upon an~~

2496 ~~eligible private school providing confirmation of student~~

2497 ~~admission pursuant to subsection (9). The process must require~~

2498 ~~that parents confirm that the scholarship is being renewed or~~

2499 ~~declined by May 31.~~

2500 ~~2. Establish a process that allows a parent to apply for a~~

2501 ~~new scholarship. The process may begin no earlier than February~~

2502 ~~1 of the prior school year and must authorize submission of~~

2503 ~~applications until November 15. The process must be in a manner~~

2504 ~~that creates a written or electronic record of the application~~

2505 ~~request and the date of receipt of the application request.~~

2506 ~~Applications received after the deadline may be considered for~~

2507 ~~scholarship award in the subsequent fiscal year. The process~~

2508 ~~must require that parents confirm that the scholarship is being~~

2509 ~~accepted or declined by December 15.~~

2510 (a) 3. Verify the household income level of students seeking

2511 priority eligibility and submit the verified list of students to

2512 the department.

2513 ~~4. Award scholarships in priority order pursuant to~~

2514 ~~paragraph (3)(a).~~

2515 ~~5. Establish and maintain separate scholarship accounts for~~

2516 ~~each eligible student. For each account, the organization must~~

2517 ~~maintain a record of accrued interest that is retained in the~~

2518 ~~student’s account and available only for authorized program~~

2519 ~~expenditures.~~

2520 ~~6. Permit eligible students to use program funds for the~~

2521 ~~purposes specified in paragraph (4)(a), as authorized in the~~

2522 ~~organization’s purchasing handbook, by paying for the authorized~~

2523 ~~use directly, then submitting a reimbursement request to the~~

2524 ~~eligible nonprofit scholarship-funding organization. However, an~~

2525 ~~eligible nonprofit scholarship-funding organization may require~~

2526 ~~the use of an online platform for direct purchases of products~~

2527 ~~so long as such use does not limit a parent’s choice of~~

2528 ~~curriculum or academic programs. If a parent purchases a product~~

2529 ~~identical to one offered by an organization’s online platform~~

2530 ~~for a lower price, the organization must reimburse the parent~~

2531 ~~the cost of the product.~~

2532 ~~7. In a timely manner, submit the verified list of students~~

2533 ~~and any information requested by the department relating to the~~

2534 ~~scholarship under this section.~~

2535 ~~8. Notify the department about any violation of this~~

2536 ~~section.~~

2537 ~~9. Document each student’s eligibility for a fiscal year~~

2538 ~~before granting a scholarship for that fiscal year. A student is~~

2539 ~~ineligible for a scholarship if the student’s account has been~~

2540 ~~inactive for 2 consecutive fiscal years.~~

2541 ~~10. Notify each parent that participation in the~~

2542 ~~scholarship program does not guarantee enrollment.~~

2543 ~~11. Commit scholarship funds on behalf of the student for~~

2544 ~~tuition and fees for which the parent is responsible for payment~~

2545 ~~at the participating private school before using scholarship~~

2546 ~~account funds for additional authorized uses under paragraph~~

2547 ~~(4)(a).~~

2548 (b) For students ~~An eligible nonprofit scholarship-funding~~

2549 ~~organization awarding scholarships to~~ eligible ~~students~~ pursuant

2550 to paragraph (3)(b) ~~shall~~ :

2551 1. ~~Establish a process for parents who are in compliance~~

2552 ~~with paragraph (10)(b) to renew their students’ scholarships.~~

2553 ~~Renewal applications for the 2025-2026 school year and~~

2554 ~~thereafter must provide for a renewal timeline beginning~~

2555 ~~February 1 of the prior school year and ending April 30 of the~~

2556 ~~prior school year. A student’s renewal is contingent upon an~~

2557 ~~eligible private school providing confirmation of student~~

2558 ~~admission pursuant to subsection (9), if applicable. The process~~

2559 ~~must require that parents confirm that the scholarship is being~~

2560 ~~renewed or declined by May 31.~~

2561 ~~2. Establish a process that allows a parent to apply for a~~

2562 ~~new scholarship. The process may begin no earlier than February~~

2563 ~~1 of the prior school year and must authorize the submission of~~

2564 ~~applications until November 15. The process must be in a manner~~

2565 ~~that creates a written or electronic record of the application~~

2566 ~~request and the date of receipt of the application request.~~

2567 ~~Applications received after the deadline may be considered for~~

2568 ~~scholarship award in the subsequent fiscal year. The process~~

2569 ~~must require that parents confirm that the scholarship is being~~

2570 ~~accepted or declined by December 15.~~

2571 ~~3. Review applications and award scholarships using the~~

2572 ~~following priorities:~~

2573 ~~a. Renewing students from the previous school year.~~

2574 ~~b. An eligible student who meets the criteria for an~~

2575 ~~initial award pursuant to paragraph (3)(b) on a first-come,~~

2576 ~~first-served basis.~~

2577 ~~4. Establish and maintain separate accounts for each~~

2578 ~~eligible student. For each account, the organization must~~

2579 ~~maintain a record of accrued interest that is retained in the~~

2580 ~~student’s account and available only for authorized program~~

2581 ~~expenditures.~~

2582 ~~5. Verify qualifying educational expenditures pursuant to~~

2583 ~~the requirements of paragraph (4)(b).~~

2584 ~~6. Return any remaining program funds to the department~~

2585 ~~pursuant to paragraph (6)(b).~~

2586 7. Notify the parent about the availability of, and the

2587 requirements associated with requesting, an initial IEP or IEP

2588 reevaluation every 3 years for each student participating in the

2589 program.

2590 2. 8. Notify the parent of available state and local

2591 services, including, but not limited to, services under chapter

2592 413.

2593 ~~9. In a timely manner, submit to the department the~~

2594 ~~verified list of eligible scholarship students and any~~

2595 ~~information requested by the department relating to the~~

2596 ~~scholarship under this section.~~

2597 (c) ~~10.~~ Notify the department of any violation of this

2598 section.

2599 ~~11. Document each scholarship student’s eligibility for a~~

2600 ~~fiscal year before granting a scholarship for that fiscal year~~

2601 ~~pursuant to paragraph (3)(b). A student is ineligible for a~~

2602 ~~scholarship if the student’s account has been inactive for 2~~

2603 ~~consecutive fiscal years.~~

2604 (d) ~~(c)~~ ~~An eligible nonprofit scholarship-funding~~

2605 ~~organization may, from eligible contributions received pursuant~~

2606 ~~to s. 1002.395(6)(l)1.,~~ Use an amount , from eligible

2607 contributions received pursuant to s. 1002.395(6)(l)1., not to

2608 exceed 1.5 ~~2.5~~ percent of the total amount of all verified

2609 eligible scholarships funded under this section for

2610 administrative expenses associated with performing functions

2611 under this section. An organization that, for the prior fiscal

2612 year, has complied with the expenditure requirements of s.

2613 1002.395(6)(i)3. ~~s. 1002.395(6)(l)3.~~ may use an amount not to

2614 exceed 2 3 percent. Such administrative expense amount is

2615 considered within the 2-percent ~~3-percent~~ limit on the total

2616 amount an organization may use to administer scholarships under

2617 this chapter.

2618 ~~(d) An eligible nonprofit scholarship-funding organization~~

2619 ~~shall establish a process to collect input and feedback from~~

2620 ~~parents, private schools, and providers before implementing~~

2621 ~~substantial modifications or enhancements to the reimbursement~~

2622 ~~process.~~

2623 (11) ~~(12)~~ SCHOLARSHIP FUNDING ~~AND PAYMENT~~ .—

2624 ~~(a)1. The calculated scholarship amount for a participating~~

2625 ~~student determined eligible pursuant to paragraph (3)(a) shall~~

2626 ~~be based upon the grade level and school district in which the~~

2627 ~~student was assigned as 100 percent of the funds per unweighted~~

2628 ~~full-time equivalent in the Florida Education Finance Program~~

2629 ~~for a student in the basic program established pursuant to s.~~

2630 ~~1011.62(1)(c)1., plus a per-full-time equivalent share of funds~~

2631 ~~for the categorical programs established in s. 1011.62(5),~~

2632 ~~(7)(a), and (16), as funded in the General Appropriations Act.~~

2633 ~~2.a. For renewing scholarship students, the organization~~

2634 ~~must verify the student’s continued eligibility to participate~~

2635 ~~in the scholarship program at least 30 days before each payment.~~

2636 ~~Upon receiving the verified list of eligible scholarship~~

2637 ~~students, the department shall release, from state funds only,~~

2638 ~~the amount calculated pursuant to subparagraph 1. to the~~

2639 ~~organization for deposit into the student’s account in quarterly~~

2640 ~~payments no later than August 1, November 1, February 1, and~~

2641 ~~April 1 of each school year in which the scholarship is in~~

2642 ~~force.~~

2643 ~~b. For new scholarship students, the organization must~~

2644 ~~verify the student’s eligibility to participate in the~~

2645 ~~scholarship program at least 30 days before each payment. Upon~~

2646 ~~receiving the verified list of eligible scholarship students,~~

2647 ~~the department shall release, from state funds only, the amount~~

2648 ~~calculated pursuant to subparagraph 1. to the organization for~~

2649 ~~deposit into the student’s account in quarterly payments no~~

2650 ~~later than September 1, November 1, February 1, and April 1 of~~

2651 ~~each school year in which the scholarship is in force. For a~~

2652 ~~student exiting a Department of Juvenile Justice commitment~~

2653 ~~program who chooses to participate in the scholarship program,~~

2654 ~~the amount calculated pursuant to subparagraph 1. must be~~

2655 ~~transferred from the school district in which the student last~~

2656 ~~attended a public school before commitment to the Department of~~

2657 ~~Juvenile Justice.~~

2658 ~~c. The department is authorized to release the state funds~~

2659 ~~contingent upon verification that the organization will comply~~

2660 ~~with s. 1002.395(6)(l) based upon the organization’s submitted~~

2661 ~~verified list of eligible scholarship students pursuant to s.~~

2662 ~~1002.395.~~

2663 ~~3. The initial payment shall be made after the~~

2664 ~~organization’s verification of admission acceptance, and~~

2665 ~~subsequent payments shall be made upon verification of continued~~

2666 ~~enrollment and attendance at the participating private school.~~

2667 ~~Payments for tuition and fees for full-time enrollment shall be~~

2668 ~~made within 7 business days after approval by the parent~~

2669 ~~pursuant to paragraph (10)(a) and the private school pursuant to~~

2670 ~~paragraph (9)(b). Payment must be by funds transfer or any other~~

2671 ~~means of payment that the department deems to be commercially~~

2672 ~~viable or cost-effective. An organization shall ensure that the~~

2673 ~~parent has approved a funds transfer before any scholarship~~

2674 ~~funds are deposited.~~

2675 ~~4. An organization may not transfer any funds to an account~~

2676 ~~of a student determined eligible pursuant to paragraph (3)(a)~~

2677 ~~which has a balance in excess of $24,000.~~

2678 ~~(b)1.~~ For the 2024-2025 school year, the maximum number of

2679 scholarships funded under paragraph (3)(b) shall be 72,615.

2680 Beginning in the 2025-2026 school year, the maximum number of

2681 scholarships funded under paragraph (3)(b) shall annually

2682 increase by 5 percent of the state’s total exceptional student

2683 education full-time equivalent student membership, not including

2684 gifted students. The maximum number of scholarships funded shall

2685 increase by 1 percent of the state’s total exceptional student

2686 education full-time equivalent student membership, not including

2687 gifted students, in the school year following any school year in

2688 which the number of scholarships funded exceeds 95 percent of

2689 the number of available scholarships for that school year. An

2690 eligible student who meets any of the following requirements

2691 shall be excluded from the maximum number of students if the

2692 student:

2693 (a) a. Received specialized instructional services under the

2694 Voluntary Prekindergarten Education Program pursuant to s.

2695 1002.66 during the previous school year and the student has a

2696 current IEP developed by the district school board in accordance

2697 with rules of the State Board of Education;

2698 (b) b. Is a dependent child of a law enforcement officer or

2699 a member of the United States Armed Forces, a foster child, or

2700 an adopted child; or

2701 (c) c. Spent the prior school year in attendance at a

2702 Florida public school or the Florida School for the Deaf and the

2703 Blind. For purposes of this paragraph ~~subparagraph~~ , the term

2704 “prior school year in attendance” means that the student was

2705 enrolled and reported by:

2706 1. ~~(I)~~ A school district for funding during either the

2707 preceding October or February full-time equivalent student

2708 membership surveys in kindergarten through grade 12, which

2709 includes time spent in a Department of Juvenile Justice

2710 commitment program if funded under the Florida Education Finance

2711 Program;

2712 2. ~~(II)~~ The Florida School for the Deaf and the Blind during

2713 the preceding October or February full-time equivalent student

2714 membership surveys in kindergarten through grade 12;

2715 3. ~~(III)~~ A school district for funding during the preceding

2716 October or February full-time equivalent student membership

2717 surveys, was at least 4 years of age when enrolled and reported,

2718 and was eligible for services under s. 1003.21(1)(e); or

2719 4. ~~(IV)~~ Received a John M. McKay Scholarship for Students

2720 with Disabilities in the 2021-2022 school year.

2721 ~~2. For a student who has a Level I to Level III matrix of~~

2722 ~~services or a diagnosis by a physician or psychologist, the~~

2723 ~~calculated scholarship amount for a student participating in the~~

2724 ~~program must be based upon the grade level and school district~~

2725 ~~in which the student would have been enrolled as the total funds~~

2726 ~~per unweighted full-time equivalent in the Florida Education~~

2727 ~~Finance Program for a student in the basic exceptional student~~

2728 ~~education program pursuant to s. 1011.62(1)(c) and (d), plus a~~

2729 ~~per full-time equivalent share of funds for the categorical~~

2730 ~~programs established in s. 1011.62(5), (7)(a), (8), and (16), as~~

2731 ~~funded in the General Appropriations Act. For the categorical~~

2732 ~~program established in s. 1011.62(8), the funds must be~~

2733 ~~allocated based on the school district’s average exceptional~~

2734 ~~student education guaranteed allocation funds per exceptional~~

2735 ~~student education full-time equivalent student.~~

2736 ~~3. For a student with a Level IV or Level V matrix of~~

2737 ~~services, the calculated scholarship amount must be based upon~~

2738 ~~the school district to which the student would have been~~

2739 ~~assigned as the total funds per full-time equivalent for the~~

2740 ~~Level IV or Level V exceptional student education program~~

2741 ~~pursuant to s. 1011.62(1)(c)2.a. or b., plus a per-full time~~

2742 ~~equivalent share of funds for the categorical programs~~

2743 ~~established in s. 1011.62(5), (7)(a), and (16), as funded in the~~

2744 ~~General Appropriations Act.~~

2745 ~~4. For a student who received a Gardiner Scholarship~~

2746 ~~pursuant to former s. 1002.385 in the 2020-2021 school year, the~~

2747 ~~amount shall be the greater of the amount calculated pursuant to~~

2748 ~~subparagraph 2. or the amount the student received for the 2020~~

2749 ~~2021 school year.~~

2750 ~~5. For a student who received a John M. McKay Scholarship~~

2751 ~~pursuant to former s. 1002.39 in the 2020-2021 school year, the~~

2752 ~~amount shall be the greater of the amount calculated pursuant to~~

2753 ~~subparagraph 2. or the amount the student received for the 2020~~

2754 ~~2021 school year.~~

2755 ~~6. The organization must verify the student’s eligibility~~

2756 ~~to participate in the scholarship program at least 30 days~~

2757 ~~before each payment.~~

2758 ~~7.a. For renewing scholarship students, upon receiving the~~

2759 ~~verified list of eligible scholarship students, the department~~

2760 ~~shall release, from state funds only, the amount calculated~~

2761 ~~pursuant to subparagraph 1. to the organization for deposit into~~

2762 ~~the student’s account in quarterly payments no later than August~~

2763 ~~1, November 1, February 1, and April 1 of each school year in~~

2764 ~~which the scholarship is in force.~~

2765 ~~b. For new scholarship students, upon receiving the~~

2766 ~~verified list of eligible scholarship students, the department~~

2767 ~~shall release, from state funds only, the amount calculated~~

2768 ~~pursuant to subparagraph 1. to the organization for deposit into~~

2769 ~~the student’s account in quarterly payments no later than~~

2770 ~~September 1, November 1, February 1, and April 1 of each school~~

2771 ~~year in which the scholarship is in force.~~

2772 ~~8. If a scholarship student is attending an eligible~~

2773 ~~private school full time, the initial payment shall be made~~

2774 ~~after the organization’s verification of admission acceptance,~~

2775 ~~and subsequent payments shall be made upon verification of~~

2776 ~~continued enrollment and attendance at the eligible private~~

2777 ~~school. Payments for tuition and fees for full-time enrollment~~

2778 ~~shall be made within 7 business days after approval by the~~

2779 ~~parent pursuant to paragraph (10)(b) and the private school~~

2780 ~~pursuant to paragraph (9)(b).~~

2781 ~~9. Accrued interest in the student’s account is in addition~~

2782 ~~to, and not part of, the awarded funds. Program funds include~~

2783 ~~both the awarded funds and accrued interest.~~

2784 ~~10. The organization may develop a system for payment of~~

2785 ~~benefits by funds transfer, including, but not limited to, debit~~

2786 ~~cards, electronic payment cards, or any other means of payment~~

2787 ~~which the department deems to be commercially viable or cost~~

2788 ~~effective. A student’s scholarship award may not be reduced for~~

2789 ~~debit card or electronic payment fees. Commodities or services~~

2790 ~~related to the development of such a system must be procured by~~

2791 ~~competitive solicitation unless they are purchased from a state~~

2792 ~~term contract pursuant to s. 287.056.~~

2793 ~~11. An organization may not transfer any funds to an~~

2794 ~~account of a student determined to be eligible pursuant to~~

2795 ~~paragraph (3)(b) which has a balance in excess of $50,000.~~

2796 ~~12. Moneys received pursuant to this section do not~~

2797 ~~constitute taxable income to the qualified student or the parent~~

2798 ~~of the qualified student.~~

2799 ~~(c) An organization may not submit a new scholarship~~

2800 ~~student for funding after February 1.~~

2801 ~~(d) Within 30 days after the release of state funds~~

2802 ~~pursuant to paragraphs (a) and (b), the eligible scholarship~~

2803 ~~funding organization shall certify to the department the amount~~

2804 ~~of funds distributed for student scholarships. If the amount of~~

2805 ~~funds released by the department is more than the amount~~

2806 ~~distributed by the organization, the department is authorized to~~

2807 ~~adjust the amount of the overpayment in the subsequent quarterly~~

2808 ~~payment release.~~

2809 Section 6. Subsections (2), (3), (4), and (6) through (11)

2810 and paragraph (e) of subsection (15) of section 1002.395,

2811 Florida Statutes, are amended to read:

2812 1002.395 Florida Tax Credit Scholarship Program.—

2813 (2) DEFINITIONS.—As used in this section, the term:

2814 (a) “Annual tax credit amount” means, for any state fiscal

2815 year, the sum of the amount of tax credits approved under

2816 paragraph (5)(b), including tax credits to be taken under s.

2817 220.1875 or s. 624.51055, which are approved for a taxpayer

2818 whose taxable year begins on or after January 1 of the calendar

2819 year preceding the start of the applicable state fiscal year.

2820 (b) ~~“Choice navigator” means an individual who meets the~~

2821 ~~requirements of sub-subparagraph (6)(d)4.g. and who provides~~

2822 ~~consultations, at a mutually agreed upon location, on the~~

2823 ~~selection of, application for, and enrollment in educational~~

2824 ~~options addressing the academic needs of a student; curriculum~~

2825 ~~selection; and advice on career and postsecondary education~~

2826 ~~opportunities. However, nothing in this section authorizes a~~

2827 ~~choice navigator to oversee or exercise control over the~~

2828 ~~curricula or academic programs of a personalized education~~

2829 ~~program.~~

2830 ~~(c)~~ “Department” means the Department of Revenue.

2831 (c) ~~(d)~~ “Direct certification list” means the certified list

2832 of children who qualify for the food assistance program, the

2833 Temporary Assistance to Needy Families Program, or the Food

2834 Distribution Program on Indian Reservations provided to the

2835 Department of Education by the Department of Children and

2836 Families.

2837 (d) ~~(e)~~ “Division” means the Division of Alcoholic Beverages

2838 and Tobacco of the Department of Business and Professional

2839 Regulation.

2840 (e) ~~(f)~~ “Eligible contribution” means a monetary

2841 contribution from a taxpayer, subject to the restrictions

2842 provided in this section, to an eligible nonprofit scholarship

2843 funding organization pursuant to this section and ss. 212.099,

2844 212.1831, and 212.1832. The taxpayer making the contribution may

2845 not designate a specific child as the beneficiary of the

2846 contribution.

2847 (f) ~~(g)~~ “Eligible nonprofit scholarship-funding

2848 organization” means a state university; or an independent

2849 college or university that is eligible to participate in the

2850 William L. Boyd, IV, Effective Access to Student Education Grant

2851 Program, located and chartered in this state, is not for profit,

2852 and is accredited by the Commission on Colleges of the Southern

2853 Association of Colleges and Schools; or is a charitable

2854 organization that:

2855 1. Is exempt from federal income tax pursuant to s.

2856 501(c)(3) of the Internal Revenue Code;

2857 2. Is a Florida entity formed under chapter 605, chapter

2858 607, or chapter 617 and whose principal office is located in the

2859 state; and

2860 3. Complies with subsections (6) and (13) ~~(15)~~ .

2861 ~~(h) “Eligible postsecondary educational institution” means~~

2862 ~~a Florida College System institution; a state university; a~~

2863 ~~school district technical center; a school district adult~~

2864 ~~general education center; an independent college or university~~

2865 ~~eligible to participate in the William L. Boyd, IV, Effective~~

2866 ~~Access to Student Education Grant Program under s. 1009.89; or~~

2867 ~~an accredited independent postsecondary educational institution,~~

2868 ~~as defined in s. 1005.02, which is licensed to operate in this~~

2869 ~~state under part III of chapter 1005 or is approved to~~

2870 ~~participate in a reciprocity agreement as defined in s.~~

2871 ~~1000.35(2).~~

2872 ~~(i) “Eligible private school” means a private school, as~~

2873 ~~defined in s. 1002.01, located in Florida which offers an~~

2874 ~~education to students in any grades K-12 and that meets the~~

2875 ~~requirements in subsection (8).~~

2876 ~~(j) “Household income” has the same meaning as the term~~

2877 ~~“income” as defined in the Income Eligibility Guidelines for~~

2878 ~~free and reduced price meals under the National School Lunch~~

2879 ~~Program in 7 C.F.R. part 210 as published in the Federal~~

2880 ~~Register by the United States Department of Agriculture.~~

2881 ~~(k) “Owner or operator” includes:~~

2882 ~~1. An owner, president, officer, or director of an eligible~~

2883 ~~nonprofit scholarship-funding organization or a person with~~

2884 ~~equivalent decisionmaking authority over an eligible nonprofit~~

2885 ~~scholarship-funding organization.~~

2886 ~~2. An owner, operator, superintendent, or principal of an~~

2887 ~~eligible private school or a person with equivalent~~

2888 ~~decisionmaking authority over an eligible private school.~~

2889 ~~(l) “Personalized education program” has the same meaning~~

2890 ~~as in s. 1002.01.~~

2891 ~~(m) “Personalized education student” means a student whose~~

2892 ~~parent applies to an eligible nonprofit scholarship-funding~~

2893 ~~organization for participation in a personalized education~~

2894 ~~program.~~

2895 ~~(n) “Student learning plan” means a customized learning~~

2896 ~~plan developed by a parent, at least annually, to guide~~

2897 ~~instruction for his or her student and to identify the goods and~~

2898 ~~services needed to address the academic needs of his or her~~

2899 ~~student.~~

2900 (g) ~~(o)~~ “Tax credit cap amount” means the maximum annual tax

2901 credit amount that the department may approve for a state fiscal

2902 year.

2903 (h) ~~(p)~~ “Unweighted FTE funding amount” means the statewide

2904 average total funds per unweighted full-time equivalent funding

2905 amount that is incorporated by reference in the General

2906 Appropriations Act, or any subsequent special appropriations

2907 act, for the applicable state fiscal year.

2908 (3) PROGRAM; INITIAL SCHOLARSHIP ELIGIBILITY.—

2909 ~~(a)~~ The Florida Tax Credit Scholarship Program is

2910 established.

2911 ~~(b)1.~~ A student is eligible for a Florida tax credit

2912 scholarship under this section if the student:

2913 (a) a. Is a resident of this state or the dependent child of

2914 an active duty member of the United States Armed Forces who has

2915 received permanent change of station orders to this state or, at

2916 the time of renewal, whose home of record or state of legal

2917 residence is Florida; and

2918 (b) b. Is eligible to enroll in kindergarten through grade

2919 12 in a public school in this state or received a scholarship

2920 under the former Hope Scholarship Program in the 2023-2024

2921 school year.

2922 ~~2. Priority must be given in the following order:~~

2923 ~~a. A student whose household income level does not exceed~~

2924 ~~185 percent of the federal poverty level or who is in foster~~

2925 ~~care or out-of-home care.~~

2926 ~~b. A student whose household income level exceeds 185~~

2927 ~~percent of the federal poverty level, but does not exceed 400~~

2928 ~~percent of the federal poverty level.~~

2929 (4) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for

2930 a scholarship while he or she is:

2931 (a) Enrolled full time in a public school, including, but

2932 not limited to, the Florida School for the Deaf and the Blind,

2933 the College-Preparatory Boarding Academy, the Florida Virtual

2934 School, the Florida Scholars Academy, a developmental research

2935 school authorized under s. 1002.32, or a charter school

2936 authorized under this chapter. For purposes of this paragraph, a

2937 3- or 4-year-old child who receives services funded through the

2938 Florida Education Finance Program is considered a student

2939 enrolled full time in a public school;

2940 (b) Enrolled in a school operating for the purpose of

2941 providing educational services to youth in a Department of

2942 Juvenile Justice commitment program;

2943 (c) Receiving any other educational scholarship pursuant to

2944 this chapter ~~. However, an eligible public school student~~

2945 ~~receiving a scholarship under s. 1002.411 may receive a stipend~~

2946 ~~for transportation pursuant to s. 1002.31(7)~~ ;

2947 (d) Not having regular and direct contact with his or her

2948 private school teachers pursuant to s. 1002.421(9)(i) s.

2949 ~~1002.421(1)(i)~~ unless he or she is enrolled in a personalized

2950 education program;

2951 (e) Participating in a home education program as defined in

2952 s. 1002.01(1);

2953 (f) Participating in a private tutoring program pursuant to

2954 s. 1002.43 unless he or she is enrolled in a personalized

2955 education program; or

2956 (g) Participating in virtual instruction pursuant to s.

2957 1002.455 that receives state funding pursuant to the student’s

2958 participation.

2959 (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING

2960 ORGANIZATIONS.—An eligible nonprofit scholarship-funding

2961 organization:

2962 (a) Must comply with the antidiscrimination provisions of

2963 42 U.S.C. s. 2000d.

2964 ~~(b) Must comply with the following background check~~

2965 ~~requirements:~~

2966 ~~1. All owners and operators as defined in subparagraph~~

2967 ~~(2)(k)1. are, before employment or engagement to provide~~

2968 ~~services, subject to level 2 background screening as provided~~

2969 ~~under chapter 435. The fingerprints for the background screening~~

2970 ~~must be electronically submitted to the Department of Law~~

2971 ~~Enforcement and can be taken by an authorized law enforcement~~

2972 ~~agency or by an employee of the eligible nonprofit scholarship~~

2973 ~~funding organization or a private company who is trained to take~~

2974 ~~fingerprints. However, the complete set of fingerprints of an~~

2975 ~~owner or operator may not be taken by the owner or operator. The~~

2976 ~~results of the state and national criminal history check shall~~

2977 ~~be provided to the Department of Education for screening under~~

2978 ~~chapter 435. The cost of the background screening may be borne~~

2979 ~~by the eligible nonprofit scholarship-funding organization or~~

2980 ~~the owner or operator.~~

2981 ~~2. Every 5 years following employment or engagement to~~

2982 ~~provide services or association with an eligible nonprofit~~

2983 ~~scholarship-funding organization, each owner or operator must~~

2984 ~~meet level 2 screening standards as described in s. 435.04, at~~

2985 ~~which time the nonprofit scholarship-funding organization shall~~

2986 ~~request the Department of Law Enforcement to forward the~~

2987 ~~fingerprints to the Federal Bureau of Investigation for level 2~~

2988 ~~screening. If the fingerprints of an owner or operator are not~~

2989 ~~retained by the Department of Law Enforcement under subparagraph~~

2990 ~~3., the owner or operator must electronically file a complete~~

2991 ~~set of fingerprints with the Department of Law Enforcement. Upon~~

2992 ~~submission of fingerprints for this purpose, the eligible~~

2993 ~~nonprofit scholarship-funding organization shall request that~~

2994 ~~the Department of Law Enforcement forward the fingerprints to~~

2995 ~~the Federal Bureau of Investigation for level 2 screening, and~~

2996 ~~the fingerprints shall be retained by the Department of Law~~

2997 ~~Enforcement under subparagraph 3.~~

2998 ~~3. Fingerprints submitted to the Department of Law~~

2999 ~~Enforcement as required by this paragraph must be retained by~~

3000 ~~the Department of Law Enforcement in a manner approved by rule~~

3001 ~~and entered in the statewide automated biometric identification~~

3002 ~~system authorized by s. 943.05(2)(b). The fingerprints must~~

3003 ~~thereafter be available for all purposes and uses authorized for~~

3004 ~~arrest fingerprints entered in the statewide automated biometric~~

3005 ~~identification system pursuant to s. 943.051.~~

3006 ~~4. The Department of Law Enforcement shall search all~~

3007 ~~arrest fingerprints received under s. 943.051 against the~~

3008 ~~fingerprints retained in the statewide automated biometric~~

3009 ~~identification system under subparagraph 3. Any arrest record~~

3010 ~~that is identified with an owner’s or operator’s fingerprints~~

3011 ~~must be reported to the Department of Education. The Department~~

3012 ~~of Education shall participate in this search process by paying~~

3013 ~~an annual fee to the Department of Law Enforcement and by~~

3014 ~~informing the Department of Law Enforcement of any change in the~~

3015 ~~employment, engagement, or association status of the owners or~~

3016 ~~operators whose fingerprints are retained under subparagraph 3.~~

3017 ~~The Department of Law Enforcement shall adopt a rule setting the~~

3018 ~~amount of the annual fee to be imposed upon the Department of~~

3019 ~~Education for performing these services and establishing the~~

3020 ~~procedures for the retention of owner and operator fingerprints~~

3021 ~~and the dissemination of search results. The fee may be borne by~~

3022 ~~the owner or operator of the nonprofit scholarship-funding~~

3023 ~~organization.~~

3024 ~~5. A nonprofit scholarship-funding organization whose owner~~

3025 ~~or operator fails the level 2 background screening is not~~

3026 ~~eligible to provide scholarships under this section.~~

3027 ~~6. A nonprofit scholarship-funding organization whose owner~~

3028 ~~or operator in the last 7 years has filed for personal~~

3029 ~~bankruptcy or corporate bankruptcy in a corporation of which he~~

3030 ~~or she owned more than 20 percent shall not be eligible to~~

3031 ~~provide scholarships under this section.~~

3032 ~~7. In addition to the offenses listed in s. 435.04, a~~

3033 ~~person required to undergo background screening pursuant to this~~

3034 ~~part or authorizing statutes must not have an arrest awaiting~~

3035 ~~final disposition for, must not have been found guilty of, or~~

3036 ~~entered a plea of nolo contendere to, regardless of~~

3037 ~~adjudication, and must not have been adjudicated delinquent, and~~

3038 ~~the record must not have been sealed or expunged for, any of the~~

3039 ~~following offenses or any similar offense of another~~

3040 ~~jurisdiction:~~

3041 ~~a. Any authorizing statutes, if the offense was a felony.~~

3042 ~~b. This chapter, if the offense was a felony.~~

3043 ~~c. Section 409.920, relating to Medicaid provider fraud.~~

3044 ~~d. Section 409.9201, relating to Medicaid fraud.~~

3045 ~~e. Section 741.28, relating to domestic violence.~~

3046 ~~f. Section 817.034, relating to fraudulent acts through~~

3047 ~~mail, wire, radio, electromagnetic, photoelectronic, or~~

3048 ~~photooptical systems.~~

3049 ~~g. Section 817.234, relating to false and fraudulent~~

3050 ~~insurance claims.~~

3051 ~~h. Section 817.505, relating to patient brokering.~~

3052 ~~i. Section 817.568, relating to criminal use of personal~~

3053 ~~identification information.~~

3054 ~~j. Section 817.60, relating to obtaining a credit card~~

3055 ~~through fraudulent means.~~

3056 ~~k. Section 817.61, relating to fraudulent use of credit~~

3057 ~~cards, if the offense was a felony.~~

3058 ~~l. Section 831.01, relating to forgery.~~

3059 ~~m. Section 831.02, relating to uttering forged instruments.~~

3060 ~~n. Section 831.07, relating to forging bank bills, checks,~~

3061 ~~drafts, or promissory notes.~~

3062 ~~o. Section 831.09, relating to uttering forged bank bills,~~

3063 ~~checks, drafts, or promissory notes.~~

3064 ~~p. Section 831.30, relating to fraud in obtaining medicinal~~

3065 ~~drugs.~~

3066 ~~q. Section 831.31, relating to the sale, manufacture,~~

3067 ~~delivery, or possession with the intent to sell, manufacture, or~~

3068 ~~deliver any counterfeit controlled substance, if the offense was~~

3069 ~~a felony.~~

3070 (b) ~~(c)~~ Must not have an owner or operator ~~, as defined in~~

3071 ~~subparagraph (2)(k)1.,~~ who owns or operates an eligible private

3072 school that is participating in the scholarship program.

3073 (c) ~~(d)1.~~ For the 2023-2024 school year, may fund no more

3074 than 20,000 scholarships for students who are enrolled pursuant

3075 to subsection (7) ~~paragraph (7)(b)~~ . The number of scholarships

3076 funded for such students may increase by 40,000 in each

3077 subsequent school year. This paragraph ~~subparagraph~~ is repealed

3078 July 1, 2027.

3079 ~~2. Shall establish a process for parents who are in~~

3080 ~~compliance with paragraph (7)(a) to renew their students’~~

3081 ~~scholarships. Renewal applications for the 2025-2026 school year~~

3082 ~~and thereafter must provide for a renewal timeline beginning~~

3083 ~~February 1 of the prior school year and ending April 30 of the~~

3084 ~~prior school year. A student’s renewal is contingent upon an~~

3085 ~~eligible private school providing confirmation of admission~~

3086 ~~pursuant to subsection (8). The process must require that~~

3087 ~~parents confirm that the scholarship is being renewed or~~

3088 ~~declined by May 31.~~

3089 ~~3. Shall establish a process that allows a parent to apply~~

3090 ~~for a new scholarship. The process must be in a manner that~~

3091 ~~creates a written or electronic record of the application~~

3092 ~~request and the date of receipt of the application request. The~~

3093 ~~process must require that parents confirm that the scholarship~~

3094 ~~is being accepted or declined by a date set by the organization.~~

3095 ~~4. Must establish and maintain separate scholarship~~

3096 ~~accounts from eligible contributions for each eligible student.~~

3097 ~~For each account, the organization must maintain a record of~~

3098 ~~accrued interest retained in the student’s account. The~~

3099 ~~organization~~

3100 (d) Must verify that scholarship funds are used for:

3101 1. a. Tuition and fees for full-time or part-time enrollment

3102 in an eligible private school.

3103 2. b. Instructional materials, including digital materials ,

3104 digital devices, and Internet resources.

3105 3. c. Curriculum ~~as defined in s. 1002.394(2)~~ .

3106 4. d. Tuition and fees associated with full-time or part

3107 time enrollment in a home education instructional program that

3108 meets all of the following requirements:

3109 a. Provides educational courses or activities.

3110 b. Has a publicly available description of courses and

3111 activities.

3112 c. Has a tuition and fee schedule.

3113 d. Makes the tuition and fees payable to a registered

3114 business entity.

3115 5. Tuition and fees associated with full-time or part-time

3116 enrollment in ; an eligible postsecondary educational institution

3117 or a program offered by the postsecondary educational

3118 institution, unless the program is subject to s. 1009.25 or

3119 reimbursed pursuant to s. 1009.30; an approved preapprenticeship

3120 program as defined in s. 446.021(5) which is not subject to s.

3121 1009.25 and complies with all applicable requirements of the

3122 Department of Education pursuant to chapter 1005; a private

3123 tutoring program authorized under s. 1002.43; a virtual program

3124 offered by a department-approved private online provider that

3125 meets the provider qualifications specified in s. 1002.45(2)(a);

3126 the Florida Virtual School as a private paying student; or an

3127 approved online course offered pursuant to s. 1003.499 or s.

3128 1004.0961.

3129 6. e. Fees for nationally standardized, norm-referenced

3130 achievement tests, Advanced Placement Examinations, industry

3131 certification examinations, assessments related to postsecondary

3132 education, or other assessments.

3133 7. f. Contracted services provided by a public school or

3134 school district, including classes. A student who receives

3135 contracted services under this subparagraph ~~sub-subparagraph~~ is

3136 not considered enrolled in a public school for eligibility

3137 purposes as specified in subsection (9) ~~(11)~~ but rather

3138 attending a public school on a part-time basis as authorized

3139 under s. 1002.44.

3140 8. g. Tuition and fees for part-time tutoring services or

3141 fees for services provided by a choice navigator. Such services

3142 must be provided by a person who holds a valid Florida

3143 educator’s certificate pursuant to s. 1012.56, a person who

3144 holds an adjunct teaching certificate pursuant to s. 1012.57, a

3145 person who has a bachelor’s degree or a graduate degree in the

3146 subject area or related subject area in which instruction is

3147 given, a person who has demonstrated a mastery of subject area

3148 knowledge pursuant to s. 1012.56(5), or a person certified by a

3149 nationally or internationally recognized research-based training

3150 program as approved by the Department of Education. As used in

3151 this paragraph, the term “part-time tutoring services” does not

3152 qualify as regular school attendance as defined in s.

3153 1003.01(16)(e).

3154 9. Membership dues and related activity fees for

3155 participation in career and technical student organizations.

3156 (e) For students determined eligible pursuant to subsection

3157 (7) ~~paragraph (7)(b)~~ , must:

3158 ~~1. Establish a process for parents who are in compliance~~

3159 ~~with subparagraph (7)(b)1. to apply for a new scholarship. New~~

3160 ~~scholarship applications for the 2025-2026 school year and~~

3161 ~~thereafter must provide for an application timeline beginning~~

3162 ~~February 1 of the prior school year and ending April 30 of the~~

3163 ~~prior school year. The process must require that parents confirm~~

3164 ~~that the scholarship is being accepted or declined by May 31.~~

3165 ~~2. Establish a process for parents who are in compliance~~

3166 ~~with paragraph (7)(b) to renew their students’ scholarships.~~

3167 ~~Renewal scholarship applications for the 2025-2026 school year~~

3168 ~~and thereafter must provide for a renewal timeline beginning~~

3169 ~~February 1 of the prior school year and ending April 30 of the~~

3170 ~~prior school year. The process must require that parents confirm~~

3171 ~~that the scholarship is being renewed or declined by May 31.~~

3172 1. 3. Maintain a signed agreement from the parent which

3173 constitutes compliance with the attendance requirements under

3174 ss. 1003.01(16) and 1003.21(1).

3175 2. 4. Receive eligible student test scores and, beginning

3176 with the 2027-2028 school year, by August 15, annually report

3177 test scores for students pursuant to subsection (7) ~~paragraph~~

3178 ~~(7)(b)~~ to a state university pursuant to paragraph (8)(d)

3179 ~~(9)(f)~~ .

3180 3. 5. Provide parents with information, guidance, and

3181 support to create and annually update a student learning plan

3182 for their student. The organization must maintain the plan and

3183 allow parents to electronically submit, access, and revise the

3184 plan continuously.

3185 4. 6. Upon submission by the parent of an annual student

3186 learning plan, fund a scholarship for a student determined

3187 eligible.

3188 (f) Must ~~give first priority to eligible renewal students~~

3189 ~~who received a scholarship from an eligible nonprofit~~

3190 ~~scholarship-funding organization during the previous school~~

3191 ~~year. The eligible nonprofit scholarship-funding organization~~

3192 ~~must~~ fully apply and exhaust all funds available under this

3193 section for renewal scholarship awards before awarding any

3194 initial scholarships.

3195 ~~(g) Must provide a new scholarship to an eligible student~~

3196 ~~on a first-come, first-served basis unless the student is~~

3197 ~~seeking priority eligibility pursuant to subsection (3).~~

3198 (g) ~~(h)~~ Must refer any student eligible for a scholarship

3199 pursuant to this section who did not receive a renewal or

3200 initial scholarship based solely on the lack of available funds

3201 under this section to another eligible nonprofit scholarship

3202 funding organization that may have funds available.

3203 ~~(i) May not restrict or reserve scholarships for use at a~~

3204 ~~particular eligible private school or provide scholarships to a~~

3205 ~~child of an owner or operator as defined in subparagraph~~

3206 ~~(2)(k)1.~~

3207 ~~(j) Must allow a student in foster care or out-of-home care~~

3208 ~~or a dependent child of a parent who is a member of the United~~

3209 ~~States Armed Forces to apply for a scholarship at any time.~~

3210 (h) ~~(k)~~ Must allow an eligible student to attend any

3211 eligible private school and must allow a parent to transfer a

3212 scholarship during a school year to any other eligible private

3213 school of the parent’s choice.

3214 (i)1. ~~(l)1.~~ May use eligible contributions received pursuant

3215 to this section and ss. 212.099, 212.1831, and 212.1832 during

3216 the state fiscal year in which such contributions are collected

3217 for administrative expenses if the organization has operated as

3218 an eligible nonprofit scholarship-funding organization for at

3219 least the preceding 3 fiscal years and did not have any findings

3220 of material weakness or material noncompliance in its most

3221 recent audit under paragraph (k) ~~(o)~~ or is in good standing in

3222 each state in which it administers a scholarship program and the

3223 audited financial statements for the preceding 3 fiscal years

3224 are free of material misstatements and going concern issues.

3225 Administrative expenses from eligible contributions may not

3226 exceed 2 3 percent of the total amount of all scholarships and

3227 stipends funded by an eligible scholarship-funding organization

3228 under this chapter. Such administrative expenses must be

3229 reasonable and necessary for the organization’s management and

3230 distribution of scholarships funded under this chapter.

3231 Administrative expenses may include developing or contracting

3232 with rideshare programs or facilitating carpool strategies for

3233 recipients of a transportation stipend under s. 1002.31(7). No

3234 funds authorized under this subparagraph shall be used for

3235 lobbying or political activity or expenses related to lobbying

3236 or political activity. Up to one-third of the funds authorized

3237 for administrative expenses under this subparagraph may be used

3238 for expenses related to the recruitment of contributions from

3239 taxpayers. ~~An eligible nonprofit scholarship-funding~~

3240 ~~organization may not charge an application fee.~~

3241 2. Must expend for annual or partial-year scholarships 100

3242 percent of any eligible contributions from the prior fiscal

3243 year.

3244 3. Must expend for annual or partial-year scholarships an

3245 amount equal to or greater than 75 percent of all net eligible

3246 contributions ~~, as defined in subsection (2),~~ remaining after

3247 administrative expenses during the state fiscal year in which

3248 such eligible contributions are collected. No more than 25

3249 percent of such net eligible contributions may be carried

3250 forward to the following state fiscal year. All amounts carried

3251 forward, for audit purposes, must be specifically identified for

3252 particular students, by student name and the name of the school

3253 to which the student is admitted, subject to the requirements of

3254 ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, and the

3255 applicable rules and regulations issued pursuant thereto. Any

3256 amounts carried forward shall be expended for annual or partial

3257 year scholarships in the following state fiscal year. Eligible

3258 contributions remaining on June 30 of each year that are in

3259 excess of the 25 percent that may be carried forward shall be

3260 used to provide scholarships to eligible students or transferred

3261 to other eligible nonprofit scholarship-funding organizations to

3262 provide scholarships for eligible students. All transferred

3263 funds must be deposited by each eligible nonprofit scholarship

3264 funding organization receiving such funds into its scholarship

3265 account. All transferred amounts received by any eligible

3266 nonprofit scholarship-funding organization must be separately

3267 disclosed in the annual financial audit required under paragraph

3268 (k) ~~(o)~~ .

3269 ~~4. Must, before granting a scholarship for an academic~~

3270 ~~year, document each scholarship student’s eligibility for that~~

3271 ~~academic year. A scholarship-funding organization may not grant~~

3272 ~~multiyear scholarships in one approval process.~~

3273 ~~(m) Must maintain separate accounts for scholarship funds~~

3274 ~~and operating funds.~~

3275 (j) ~~(n)~~ With the prior approval of the Department of

3276 Education, may transfer funds to another eligible nonprofit

3277 scholarship-funding organization if additional funds are

3278 required to meet scholarship demand at the receiving nonprofit

3279 scholarship-funding organization. A transfer is limited to the

3280 greater of $500,000 or 20 percent of the total contributions

3281 received by the nonprofit scholarship-funding organization

3282 making the transfer. All transferred funds must be deposited by

3283 the receiving nonprofit scholarship-funding organization into

3284 its scholarship accounts. All transferred amounts received by

3285 any nonprofit scholarship-funding organization must be

3286 separately disclosed in the annual financial and compliance

3287 audit required in this section.

3288 (k) ~~(o)~~ Must provide to the Auditor General and the

3289 Department of Education access to its accounts and records and a

3290 report on the results of an annual financial audit of its

3291 accounts and records conducted by an independent certified

3292 public accountant in accordance with auditing standards

3293 generally accepted in the United States, government auditing

3294 standards, and rules promulgated by the Auditor General. The

3295 audit report must include a report on financial statements

3296 presented in accordance with generally accepted accounting

3297 principles. Audit reports must be provided to the Auditor

3298 General and the Department of Education within 180 days after

3299 completion of the eligible nonprofit scholarship-funding

3300 organization’s fiscal year. The Auditor General shall review all

3301 audit reports submitted pursuant to this paragraph. The Auditor

3302 General shall request any significant items that were omitted in

3303 violation of a rule adopted by the Auditor General. The items

3304 must be provided within 45 days after the date of the request.

3305 If the scholarship-funding organization does not comply with the

3306 Auditor General’s request, the Auditor General shall notify the

3307 Legislative Auditing Committee.

3308 ~~(p) Must prepare and submit quarterly reports to the~~

3309 ~~Department of Education pursuant to paragraph (9)(i). In~~

3310 ~~addition, an eligible nonprofit scholarship-funding organization~~

3311 ~~must submit in a timely manner the verified list of eligible~~

3312 ~~scholarship students and any information requested by the~~

3313 ~~Department of Education relating to the scholarship program.~~

3314 (l)1.a. ~~(q)1.a.~~ Must participate in the joint development of

3315 agreed-upon procedures during the 2009-2010 state fiscal year.

3316 The agreed-upon procedures must uniformly apply to all private

3317 schools and must determine, at a minimum, whether the private

3318 school has been verified as eligible by the Department of

3319 Education under s. 1002.421; has an adequate accounting system,

3320 system of financial controls, and process for deposit and

3321 classification of scholarship funds; and has properly expended

3322 scholarship funds for education-related expenses. During the

3323 development of the procedures, the participating scholarship

3324 funding organizations shall specify guidelines governing the

3325 materiality of exceptions that may be found during the

3326 accountant’s performance of the procedures. The procedures and

3327 guidelines shall be provided to private schools and the

3328 Commissioner of Education by March 15, 2011.

3329 b. Must participate in a joint review of the agreed-upon

3330 procedures and guidelines developed under sub-subparagraph a.,

3331 by February of each biennium, if the scholarship-funding

3332 organization provided more than $250,000 in scholarship funds

3333 under this chapter during the state fiscal year preceding the

3334 biennial review. If the procedures and guidelines are revised,

3335 the revisions must be provided to private schools and the

3336 Commissioner of Education by March 15 of the year in which the

3337 revisions were completed. The revised agreed-upon procedures and

3338 guidelines shall take effect the subsequent school year.

3339 c. Must monitor the compliance of a participating private

3340 school with s. 1002.421(9)(p) ~~s. 1002.421(1)(q)~~ if the

3341 scholarship-funding organization provided the majority of the

3342 scholarship funding to the school. For each participating

3343 private school subject to s. 1002.421(9)(p) ~~s. 1002.421(1)(q)~~ ,

3344 the appropriate scholarship-funding organization shall annually

3345 notify the Commissioner of Education by October 30 of:

3346 (I) A private school’s failure to submit a report required

3347 under s. 1002.421(9)(p) ~~s. 1002.421(1)(q)~~ ; or

3348 (II) Any material exceptions set forth in the report

3349 required under s. 1002.421(9)(p) ~~s. 1002.421(1)(q)~~ .

3350 2. Must seek input from the accrediting associations that

3351 are members of the Florida Association of Academic Nonpublic

3352 Schools and the Department of Education when jointly developing

3353 the agreed-upon procedures and guidelines under sub-subparagraph

3354 1.a. and conducting a review of those procedures and guidelines

3355 under sub-subparagraph 1.b.

3356 (m) ~~(r)~~ Must maintain the surety bond or letter of credit

3357 required by subsection (13) ~~(15)~~ . The amount of the surety bond

3358 or letter of credit may be adjusted quarterly to equal the

3359 actual amount of undisbursed funds based upon submission by the

3360 organization of a statement from a certified public accountant

3361 verifying the amount of undisbursed funds. The requirements of

3362 this paragraph are waived if the cost of acquiring a surety bond

3363 or letter of credit exceeds the average 10-year cost of

3364 acquiring a surety bond or letter of credit by 200 percent. The

3365 requirements of this paragraph are waived for a state

3366 university; or an independent college or university which is

3367 eligible to participate in the William L. Boyd, IV, Effective

3368 Access to Student Education Grant Program, located and chartered

3369 in this state, is not for profit, and is accredited by the

3370 Commission on Colleges of the Southern Association of Colleges

3371 and Schools.

3372 (n) ~~(s)~~ Must provide to the Auditor General any information

3373 or documentation requested in connection with an operational

3374 audit of a scholarship-funding organization conducted pursuant

3375 to s. 11.45.

3376 (o)1. ~~(t)1.~~ Must develop a purchasing handbook that includes

3377 policies for authorized uses of scholarship funds under

3378 paragraph (d) and s. 1002.394(4)(a). The handbook must include,

3379 at a minimum, a routinely updated list of prohibited items and

3380 services, and items or services that require preauthorization or

3381 additional documentation. Annually, ~~by August 1, 2024, and~~ by

3382 ~~each~~ July 1 ~~thereafter~~ , the purchasing handbook must be provided

3383 to the Commissioner of Education and published on the eligible

3384 nonprofit scholarship-funding organization’s website. Any

3385 revisions must be provided to the commissioner and published on

3386 the organization’s website within 30 days after such revisions.

3387 2. The organization shall assist the Florida Center for

3388 Students with Unique Abilities established under s. 1004.6495

3389 with the development of purchasing guidelines, which must

3390 include a routinely updated list of prohibited items and

3391 services, and items or services for which preauthorization or

3392 additional documentation is required, for authorized uses of

3393 scholarship funds under s. 1002.394(4)(b) and publish the

3394 guidelines on the organization’s website. Any approval or denial

3395 of items and services must be consistent with the purchasing

3396 guidelines developed by the center.

3397 3. If the organization fails to submit the purchasing

3398 handbook required by subparagraph 1., the Department of

3399 Education may assess a financial penalty, not to exceed $10,000,

3400 as prescribed by State Board of Education rule. This

3401 subparagraph expires July 1, 2026.

3402 (p) ~~(u)~~ May permit eligible students to use program funds

3403 for the purposes specified in paragraph (d), as authorized in

3404 the organization’s purchasing handbook, by paying for the

3405 authorized use directly, then submitting a reimbursement request

3406 to the eligible nonprofit scholarship-funding organization.

3407 However, an eligible nonprofit scholarship-funding organization

3408 may require the use of an online platform for direct purchases

3409 of products so long as such use does not limit a parent’s choice

3410 of curriculum or academic programs. If a parent purchases a

3411 product identical to one offered by an organization’s online

3412 platform for a lower price, the organization shall reimburse the

3413 parent the cost of the product.

3414 ~~(v) Must notify each parent that participation in the~~

3415 ~~scholarship program does not guarantee enrollment.~~

3416 ~~(w) Shall commit scholarship funds on behalf of the student~~

3417 ~~for tuition and fees for which the parent is responsible for~~

3418 ~~payment at the participating private school before using~~

3419 ~~scholarship account funds for additional authorized uses under~~

3420 ~~paragraph (d).~~

3421 (q) ~~(x)~~ ~~Beginning September 30, 2023,~~ Must submit to the

3422 department quarterly reports that provide the estimated and

3423 actual amounts of the net eligible contributions ~~, as defined in~~

3424 ~~subsection (2),~~ and all funds carried forward from the prior

3425 state fiscal year.

3426 (r) ~~(y)~~ Must establish a process to collect input and

3427 feedback from parents, private schools, and providers before

3428 implementing substantial modifications or enhancements to the

3429 reimbursement process.

3431 Information and documentation provided to the Department of

3432 Education and the Auditor General relating to the identity of a

3433 taxpayer that provides an eligible contribution under this

3434 section shall remain confidential at all times in accordance

3435 with s. 213.053.

3436 (7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM

3437 PARTICIPATION.—

3438 ~~(a) A parent who applies for a scholarship whose student~~

3439 ~~will be enrolled full time in an eligible private school must:~~

3440 ~~1. Select an eligible private school and apply for the~~

3441 ~~admission of his or her child.~~

3442 ~~2. Request the scholarship by the date established by the~~

3443 ~~organization in a manner that creates a written or electronic~~

3444 ~~record of the request and the date of receipt of the request.~~

3445 ~~3.a. Beginning with new applications for the 2025-2026~~

3446 ~~school year and thereafter, notify the organization by a date~~

3447 ~~set by the organization that the scholarship is being accepted~~

3448 ~~or declined.~~

3449 ~~b. Beginning with renewal applications for the 2025-2026~~

3450 ~~school year and thereafter, notify the organization by May 31~~

3451 ~~that the scholarship is being renewed or declined.~~

3452 ~~4. Inform the applicable school district when the parent~~

3453 ~~withdraws his or her student from a public school to attend an~~

3454 ~~eligible private school.~~

3455 ~~5. Require his or her student participating in the program~~

3456 ~~to remain in attendance at the eligible private school~~

3457 ~~throughout the school year unless excused by the school for~~

3458 ~~illness or other good cause and comply with the private school’s~~

3459 ~~published policies.~~

3460 ~~6. Meet with the eligible private school’s principal or the~~

3461 ~~principal’s designee to review the school’s academic programs~~

3462 ~~and policies, specialized services, code of student conduct, and~~

3463 ~~attendance policies before enrollment.~~

3464 ~~7. Require his or her student participating in the program~~

3465 ~~to take the norm-referenced assessment offered by the~~

3466 ~~participating private school. The parent may also choose to have~~

3467 ~~the student participate in the statewide assessments pursuant to~~

3468 ~~s. 1008.22. If the parent requests that the student~~

3469 ~~participating in the program take statewide assessments pursuant~~

3470 ~~to s. 1008.22 and the participating private school has not~~

3471 ~~chosen to offer and administer the statewide assessments, the~~

3472 ~~parent is responsible for transporting the student to the~~

3473 ~~assessment site designated by the school district.~~

3474 ~~8. Approve each payment before the scholarship funds may be~~

3475 ~~deposited by funds transfer. The parent may not designate any~~

3476 ~~entity or individual associated with the participating private~~

3477 ~~school as the parent’s attorney in fact to approve a funds~~

3478 ~~transfer. A participant who fails to comply with this paragraph~~

3479 ~~forfeits the scholarship.~~

3480 ~~9. Authorize the nonprofit scholarship-funding organization~~

3481 ~~to access information needed for income eligibility~~

3482 ~~determination and verification held by other state or federal~~

3483 ~~agencies, including the Department of Revenue, the Department of~~

3484 ~~Children and Families, the Department of Education, the~~

3485 ~~Department of Commerce, and the Agency for Health Care~~

3486 ~~Administration, for students seeking priority eligibility.~~

3487 ~~10. Agree to have the organization commit scholarship funds~~

3488 ~~on behalf of his or her student for tuition and fees for which~~

3489 ~~the parent is responsible for payment at the participating~~

3490 ~~private school before using scholarship account funds for~~

3491 ~~additional authorized uses under paragraph (6)(d). A parent is~~

3492 ~~responsible for all eligible expenses in excess of the amount of~~

3493 ~~the scholarship.~~

3494 ~~11. Comply with the scholarship application and renewal~~

3495 ~~processes and requirements established by the organization.~~

3496 ~~(b)~~ A parent whose student is participating in the

3497 personalized education program and will not be enrolled full

3498 time in a public or private school must :

3499 ~~1. Apply to an eligible nonprofit scholarship-funding~~

3500 ~~organization to participate in the program as a personalized~~

3501 ~~education student by a date set by the organization. The request~~

3502 ~~must be communicated directly to the organization in a manner~~

3503 ~~that creates a written or electronic record of the request and~~

3504 ~~the date of receipt of the request. Beginning with new and~~

3505 ~~renewal applications for the 2025-2026 school year and~~

3506 ~~thereafter, a parent must notify the organization by May 31 that~~

3507 ~~the scholarship is being accepted, renewed, or declined.~~

3508 2. sign an agreement with the organization and annually

3509 submit a sworn compliance statement to the organization to

3510 satisfy or maintain program eligibility, including eligibility

3511 to receive and spend program payments, by:

3512 (a) a. Affirming that the program funds are used only for

3513 authorized purposes serving the student’s educational needs, as

3514 described in paragraph (6)(d), and that they will not receive a

3515 payment, refund, or rebate of any funds provided under this

3516 section.

3517 (b) If the student is enrolled in Florida Virtual School as

3518 a private paying student, agreeing to have the organization

3519 commit scholarship funds on behalf of his or her student for

3520 tuition and fees for which the parent is responsible for payment

3521 to the Florida Virtual School before using scholarship account

3522 funds for additional uses under paragraph (6)(d).

3523 (c) b. Affirming that the parent is responsible for all

3524 eligible expenses in excess of the amount of the scholarship and

3525 for the education of his or her student.

3526 (d) c. Submitting a student learning plan to the

3527 organization and revising the plan at least annually before

3528 program renewal.

3529 (e) d. Requiring his or her student to take a nationally

3530 norm-referenced test identified by the Department of Education,

3531 or a statewide assessment under s. 1008.22, and provide

3532 assessment results to the organization before the student’s

3533 program renewal.

3534 ~~e. Complying with the scholarship application and renewal~~

3535 ~~processes and requirements established by the organization. A~~

3536 ~~student whose participation in the program is not renewed may~~

3537 ~~continue to spend scholarship funds that are in his or her~~

3538 ~~account from prior years unless the account must be closed~~

3539 ~~pursuant to s. 1002.394(5)(a)2.~~

3540 (f) f. Procuring the services necessary to educate the

3541 student. When the student receives a scholarship, the district

3542 school board is not obligated to provide the student with a free

3543 appropriate public education.

3545 For purposes of this subsection ~~paragraph~~ , full-time enrollment

3546 does not include enrollment at a private school that addresses

3547 regular and direct contact with teachers through the student

3548 learning plan in accordance with s. 1002.421(9)(i) s.

3549 ~~1002.421(1)(i)~~ .

3550 ~~(c) A parent may not apply for multiple scholarships under~~

3551 ~~this section and s. 1002.394 for an individual student at the~~

3552 ~~same time.~~

3554 ~~An eligible nonprofit scholarship-funding organization may not~~

3555 ~~further regulate, exercise control over, or require~~

3556 ~~documentation beyond the requirements of this subsection unless~~

3557 ~~the regulation, control, or documentation is necessary for~~

3558 ~~participation in the program.~~

3559 (8) ~~PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible~~

3560 ~~private school may be sectarian or nonsectarian and must:~~

3561 ~~(a) Comply with all requirements for private schools~~

3562 ~~participating in state school choice scholarship programs~~

3563 ~~pursuant to s. 1002.421.~~

3564 ~~(b) Provide to the organization all documentation required~~

3565 ~~for a student’s participation, including confirmation of the~~

3566 ~~student’s admission to the private school, the private school’s~~

3567 ~~and student’s fee schedules, and any other information required~~

3568 ~~by the organization to process scholarship payment pursuant to~~

3569 ~~paragraph (11)(c). Such information must be provided by the~~

3570 ~~deadlines established by the organization and in accordance with~~

3571 ~~the requirements of this section. A student is not eligible to~~

3572 ~~receive a quarterly scholarship payment if the private school~~

3573 ~~fails to meet the deadline.~~

3574 ~~(c)1. Annually administer or make provision for students~~

3575 ~~participating in the scholarship program in grades 3 through 10~~

3576 ~~to take one of the nationally norm-referenced tests identified~~

3577 ~~by the department or the statewide assessments pursuant to s.~~

3578 ~~1008.22. Students with disabilities for whom standardized~~

3579 ~~testing is not appropriate are exempt from this requirement. A~~

3580 ~~participating private school must report a student’s scores to~~

3581 ~~the parent. A participating private school must annually report~~

3582 ~~by August 15 the scores of all participating students to a state~~

3583 ~~university described in paragraph (9)(f).~~

3584 ~~2. Administer the statewide assessments pursuant to s.~~

3585 ~~1008.22 if a participating private school chooses to offer the~~

3586 ~~statewide assessments. A participating private school may choose~~

3587 ~~to offer and administer the statewide assessments to all~~

3588 ~~students who attend the participating private school in grades 3~~

3589 ~~through 10 and must submit a request in writing to the~~

3590 ~~Department of Education by March 1 of each year in order to~~

3591 ~~administer the statewide assessments in the subsequent school~~

3592 ~~year.~~

3594 ~~If a participating private school fails to meet the requirements~~

3595 ~~of this subsection or s. 1002.421, the commissioner may~~

3596 ~~determine that the participating private school is ineligible to~~

3597 ~~participate in the scholarship program.~~

3598 ~~(9)~~ DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of

3599 Education shall:

3600 (a) Annually submit to the department and division, by

3601 March 15, a list of eligible nonprofit scholarship-funding

3602 organizations that meet the requirements of paragraph (2)(f)

3603 ~~(2)(g)~~ .

3604 (b) Annually verify the eligibility of nonprofit

3605 scholarship-funding organizations that meet the requirements of

3606 paragraph (2)(f) ~~(2)(g)~~ .

3607 (c) Annually verify the eligibility of expenditures as

3608 provided in paragraph (6)(d) or paragraph (6)(i) using the audit

3609 required by paragraph (6)(k) ~~(6)(o)~~ .

3610 (d) ~~Notify eligible nonprofit scholarship-funding~~

3611 ~~organizations of the deadlines for submitting the verified list~~

3612 ~~of eligible scholarship students; cross-check the verified list~~

3613 ~~with the public school enrollment lists to avoid duplication;~~

3614 ~~and, when the Florida Education Finance Program is recalculated,~~

3615 ~~adjust the amount of state funds allocated to school districts~~

3616 ~~through the Florida Education Finance Program based upon the~~

3617 ~~results of the cross-check.~~

3618 ~~(e) Maintain and annually publish a list of nationally~~

3619 ~~norm-referenced tests identified for purposes of satisfying the~~

3620 ~~testing requirement in subparagraph (8)(c)1. The tests must meet~~

3621 ~~industry standards of quality in accordance with State Board of~~

3622 ~~Education rule.~~

3623 ~~(f)~~ Issue a project grant award to a state university, to

3624 which participating private schools and eligible nonprofit

3625 scholarship-funding organizations must report the scores of

3626 participating students on the nationally norm-referenced tests

3627 or the statewide assessments administered in grades 3 through

3628 10. The project term is 2 years, and the amount of the project

3629 is up to $250,000 per year. The project grant award must be

3630 reissued in 2-year intervals in accordance with this paragraph.

3631 1. The state university must annually report to the

3632 Department of Education on the student performance of

3633 participating students and, beginning with the 2027-2028 school

3634 year, on the performance of personalized education students:

3635 a. On a statewide basis. The report shall also include, to

3636 the extent possible, a comparison of scholarship students’

3637 performance to the statewide student performance of public

3638 school students with socioeconomic backgrounds similar to those

3639 of students participating in the scholarship program. To

3640 minimize costs and reduce time required for the state

3641 university’s analysis and evaluation, the Department of

3642 Education shall coordinate with the state university to provide

3643 data to the state university in order to conduct analyses of

3644 matched students from public school assessment data and

3645 calculate control group student performance using an agreed-upon

3646 methodology with the state university; and

3647 b. On an individual school basis for students enrolled full

3648 time in a private school. The annual report must include student

3649 performance for each participating private school in which

3650 enrolled students in the private school participated in a

3651 scholarship program under this section ~~or s. 1002.394(12)(a)~~ in

3652 the prior school year. The report shall be according to each

3653 participating private school, and for participating students, in

3654 which there are at least 30 participating students who have

3655 scores for tests administered. If the state university

3656 determines that the 30-participating-student cell size may be

3657 reduced without disclosing personally identifiable information,

3658 as described in 34 C.F.R. s. 99.12, of a participating student,

3659 the state university may reduce the participating-student cell

3660 size, but the cell size must not be reduced to less than 10

3661 participating students. The department shall provide each

3662 participating private school’s prior school year’s student

3663 enrollment information to the state university no later than

3664 June 15 of each year, or as requested by the state university.

3665 2. The sharing and reporting of student performance data

3666 under this paragraph must be in accordance with requirements of

3667 ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, the Family

3668 Educational Rights and Privacy Act, and the applicable rules and

3669 regulations issued pursuant thereto, and shall be for the sole

3670 purpose of creating the annual report required by subparagraph

3671 1. All parties must preserve the confidentiality of such

3672 information as required by law. The annual report must not

3673 disaggregate data to a level that will identify individual

3674 participating schools, except as required under sub-subparagraph

3675 1.b., or disclose the academic level of individual students.

3676 3. The annual report required by subparagraph 1. shall be

3677 published by the Department of Education on its website.

3678 ~~(g) Notify an eligible nonprofit scholarship-funding~~

3679 ~~organization of any of the organization’s identified students~~

3680 ~~who are receiving educational scholarships pursuant to this~~

3681 ~~chapter.~~

3682 ~~(h) Notify an eligible nonprofit scholarship-funding~~

3683 ~~organization of any of the organization’s identified students~~

3684 ~~who are receiving tax credit scholarships from other eligible~~

3685 ~~nonprofit scholarship-funding organizations.~~

3686 ~~(i) Require quarterly reports by an eligible nonprofit~~

3687 ~~scholarship-funding organization regarding the number of~~

3688 ~~students participating in the program; the private schools at~~

3689 ~~which the students are enrolled; the number of scholarship~~

3690 ~~applications received, the number of applications processed~~

3691 ~~within 30 days after receipt, and the number of incomplete~~

3692 ~~applications received; data related to reimbursement~~

3693 ~~submissions, including the average number of days for a~~

3694 ~~reimbursement to be reviewed and the average number of days for~~

3695 ~~a reimbursement to be approved; any parent input and feedback~~

3696 ~~collected regarding the program; and any other information~~

3697 ~~deemed necessary by the Department of Education.~~

3698 (e) ~~(j)~~ Provide a process to match the direct certification

3699 list with the scholarship application data submitted by any

3700 nonprofit scholarship-funding organization eligible to receive

3701 the 3 percent ~~3-percent~~ administrative allowance under paragraph

3702 (6)(i) ~~(6)(l)~~ .

3703 (f) ~~(k)~~ Notify each school district of the full-time

3704 equivalent student consensus estimate of scholarship students

3705 developed pursuant to s. 216.136(4)(a).

3706 ~~(10) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—~~

3707 ~~(a) Upon the request of any eligible nonprofit scholarship~~

3708 ~~funding organization, a school district shall inform all~~

3709 ~~households within the district receiving free or reduced-priced~~

3710 ~~meals under the National School Lunch Act of their eligibility~~

3711 ~~to apply for a tax credit scholarship. The form of such notice~~

3712 ~~shall be provided by the eligible nonprofit scholarship-funding~~

3713 ~~organization, and the district shall include the provided form,~~

3714 ~~if requested by the organization, in any normal correspondence~~

3715 ~~with eligible households. If an eligible nonprofit scholarship~~

3716 ~~funding organization requests a special communication to be~~

3717 ~~issued to households within the district receiving free or~~

3718 ~~reduced-price meals under the National School Lunch Act, the~~

3719 ~~organization shall reimburse the district for the cost of~~

3720 ~~postage. Such notice is limited to once a year.~~

3721 ~~(b) Upon the request of the Department of Education, a~~

3722 ~~school district shall coordinate with the department to provide~~

3723 ~~to a participating private school the statewide assessments~~

3724 ~~administered under s. 1008.22 and any related materials for~~

3725 ~~administering the assessments. A school district is responsible~~

3726 ~~for implementing test administrations at a participating private~~

3727 ~~school, including the:~~

3728 ~~1. Provision of training for participating private school~~

3729 ~~staff on test security and assessment administration procedures;~~

3730 ~~2. Distribution of testing materials to a participating~~

3731 ~~private school;~~

3732 ~~3. Retrieval of testing materials from a participating~~

3733 ~~private school;~~

3734 ~~4. Provision of the required format for a participating~~

3735 ~~private school to submit information to the district for test~~

3736 ~~administration and enrollment purposes; and~~

3737 ~~5. Provision of any required assistance, monitoring, or~~

3738 ~~investigation at a participating private school.~~

3739 (9) ~~(11)~~ SCHOLARSHIP AMOUNT AND PAYMENT.—

3740 (a) The scholarship amount provided to any student for any

3741 single school year by an eligible nonprofit scholarship-funding

3742 organization from eligible contributions shall be for total

3743 costs authorized under paragraph (6)(c) ~~(6)(d)~~ , not to exceed

3744 annual limits . ~~, which shall be determined as follows:~~

3745 ~~1. For a student who received a scholarship in the 2018~~

3746 ~~2019 school year, who remains eligible, and who is enrolled in~~

3747 ~~an eligible private school, the amount shall be the greater~~

3748 ~~amount calculated pursuant to subparagraph 2. or a percentage of~~

3749 ~~the unweighted FTE funding amount for the 2018-2019 state fiscal~~

3750 ~~year and thereafter as follows:~~

3751 ~~a. Eighty-eight percent for a student enrolled in~~

3752 ~~kindergarten through grade 5.~~

3753 ~~b. Ninety-two percent for a student enrolled in grade 6~~

3754 ~~through grade 8.~~

3755 ~~c. Ninety-six percent for a student enrolled in grade 9~~

3756 ~~through grade 12.~~

3757 ~~2. For students initially eligible in the 2019-2020 school~~

3758 ~~year or thereafter, the calculated amount for a student to~~

3759 ~~attend an eligible private school shall be calculated in~~

3760 ~~accordance with s. 1002.394(12)(a).~~

3761 ~~(b) Payment of the scholarship by the eligible nonprofit~~

3762 ~~scholarship-funding organization shall be by funds transfer,~~

3763 ~~including, but not limited to, debit cards, electronic payment~~

3764 ~~cards, or any other means of payment that the department deems~~

3765 ~~to be commercially viable or cost-effective. An eligible~~

3766 ~~nonprofit scholarship-funding organization shall ensure that the~~

3767 ~~parent has approved a funds transfer before any scholarship~~

3768 ~~funds are deposited.~~

3769 ~~(c) If a scholarship student is attending an eligible~~

3770 ~~private school full time, the initial payment shall be made~~

3771 ~~after the organization’s verification of admission acceptance,~~

3772 ~~and subsequent payments shall be made upon verification of~~

3773 ~~continued enrollment and attendance at the eligible private~~

3774 ~~school. Payments shall be made within 7 business days after~~

3775 ~~approval by the parent pursuant to paragraph (7)(a) and the~~

3776 ~~private school pursuant to paragraph (8)(b).~~

3777 ~~(d) Payment of the scholarship shall be made by the~~

3778 ~~eligible nonprofit scholarship-funding organization no less~~

3779 ~~frequently than on a quarterly basis.~~

3780 ~~(e) An eligible nonprofit scholarship-funding organization~~

3781 ~~may not transfer any funds to an account of a student determined~~

3782 ~~eligible under this section which has a balance in excess of~~

3783 ~~$24,000.~~

3784 (b) ~~(f)~~ A scholarship awarded to an eligible student shall

3785 remain in force until:

3786 1. The organization determines that the student is not

3787 eligible for program renewal;

3788 2. The Commissioner of Education suspends or revokes

3789 program participation or use of funds;

3790 3. The student’s parent has forfeited participation in the

3791 program for failure to comply with subsection (7);

3792 4. The student who uses the scholarship for full-time

3793 tuition and fees at an eligible private school ~~pursuant to~~

3794 ~~paragraph (7)(a)~~ enrolls full time in a public school. However,

3795 if a student enters a Department of Juvenile Justice detention

3796 center for a period of no more than 21 days, the student is not

3797 considered to have returned to a public school on a full-time

3798 basis for that purpose; or

3799 5. The student graduates from high school , completes a home

3800 education program as defined in the student’s personalized

3801 education plan, or attains 21 years of age, whichever occurs

3802 first.

3803 ~~(g) Reimbursements for program expenditures may continue~~

3804 ~~until the account balance is expended or remaining funds have~~

3805 ~~reverted to the state.~~

3806 (c) ~~(h)~~ A student’s scholarship account must be closed and

3807 any remaining funds shall revert to the state or organization,

3808 as applicable, after:

3809 1. Denial or revocation of program eligibility by the

3810 commissioner for fraud or abuse, including, but not limited to,

3811 the student or student’s parent accepting any payment, refund,

3812 or rebate, in any manner, from a provider of any services

3813 received pursuant to paragraph (6)(d);

3814 2. One fiscal year ~~Two consecutive fiscal years~~ in which an

3815 account has been inactive; or

3816 3. The student remains unenrolled in an eligible private

3817 school for 30 days while receiving a scholarship that requires

3818 full-time enrollment ; or

3819 4. A student’s scholarship no longer remains in force due

3820 to any of the reasons provided in paragraph (b) .

3822 An organization must report to the Department of Education the

3823 total number of scholarship accounts that were closed pursuant

3824 to this paragraph and the amount of funds by account that

3825 reverted to the organization.

3826 (d) ~~(i)~~ Moneys received pursuant to this section do not

3827 constitute taxable income to the qualified student or the parent

3828 of the qualified student.

3829 (13) ~~(15)~~ NONPROFIT SCHOLARSHIP-FUNDING ORGANIZATIONS;

3830 APPLICATION.—In order to participate in the scholarship program

3831 created under this section, a charitable organization that seeks

3832 to be a nonprofit scholarship-funding organization must submit

3833 an application for initial approval or renewal to the Office of

3834 Independent Education and Parental Choice. Charitable

3835 organizations may apply at any time to participate in the

3836 program.

3837 (e) If the State Board of Education disapproves the renewal

3838 of a nonprofit scholarship-funding organization, the

3839 organization must notify the affected eligible students and

3840 parents of the decision within 15 days after disapproval. An

3841 eligible student affected by the disapproval of an

3842 organization’s participation remains eligible under this section

3843 until the end of the school year in which the organization was

3844 disapproved. The student must apply and be accepted by another

3845 eligible nonprofit scholarship-funding organization for the

3846 upcoming school year. The student shall be given priority in

3847 accordance with s. 1002.421(2)(d)3. ~~paragraph (6)(g).~~

3848 Section 7. Paragraph (l) of subsection (4) of section

3849 1003.485, Florida Statutes, is amended to read:

3850 1003.485 The New Worlds Reading Initiative.—

3851 (4) ADMINISTRATOR RESPONSIBILITIES.—The administrator

3852 shall:

3853 (l) Expend eligible contributions received only for the

3854 purchase and delivery of books and to implement the requirements

3855 of this section, as well as for administrative expenses not to

3856 exceed 2 percent of total eligible contributions.

3857 Notwithstanding s. 1002.395(6)(i)3. ~~s. 1002.395(6)(l)3.~~ , the

3858 administrator may carry forward up to 25 percent of eligible

3859 contributions made before January 1 of each state fiscal year

3860 and 100 percent of eligible contributions made on or after

3861 January 1 of each state fiscal year to the following state

3862 fiscal year for purposes authorized by this subsection. Any

3863 eligible contributions in excess of the allowable carry forward

3864 not used to provide additional books throughout the year to

3865 eligible students shall revert to the state treasury.

3866 Section 8. Paragraph (d) of subsection (5) of section

3867 1008.25, Florida Statutes, is amended to read:

3868 1008.25 Public school student progression; student support;

3869 coordinated screening and progress monitoring; reporting

3870 requirements.—

3871 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.—

3872 (d) The parent of any student who exhibits a substantial

3873 deficiency in reading, as described in paragraph (a), must be

3874 immediately notified in writing of the following:

3875 1. That his or her child has been identified as having a

3876 substantial deficiency in reading, including a description and

3877 explanation, in terms understandable to the parent, of the exact

3878 nature of the student’s difficulty in learning and lack of

3879 achievement in reading.

3880 2. A description of the current services that are provided

3881 to the child.

3882 3. A description of the proposed intensive interventions

3883 and supports that will be provided to the child that are

3884 designed to remediate the identified area of reading deficiency.

3885 4. The student progression requirements under paragraph

3886 (2)(h) and that if the child’s reading deficiency is not

3887 remediated by the end of grade 3, the child must be retained

3888 unless he or she is exempt from mandatory retention for good

3889 cause.

3890 5. Strategies, including multisensory strategies and

3891 programming, through a read-at-home plan the parent can use in

3892 helping his or her child succeed in reading. The read-at-home

3893 plan must provide access to the resources identified in

3894 paragraph (e).

3895 6. That the statewide, standardized English Language Arts

3896 assessment is not the sole determiner of promotion and that

3897 additional evaluations, portfolio reviews, and assessments are

3898 available to the child to assist parents and the school district

3899 in knowing when a child is reading at or above grade level and

3900 ready for grade promotion.

3901 7. The district’s specific criteria and policies for a

3902 portfolio as provided in subparagraph (7)(b)4. and the evidence

3903 required for a student to demonstrate mastery of Florida’s

3904 academic standards for English Language Arts. A school must

3905 immediately begin collecting evidence for a portfolio when a

3906 student in grade 3 is identified as being at risk of retention

3907 or upon the request of the parent, whichever occurs first.

3908 8. The district’s specific criteria and policies for

3909 midyear promotion. Midyear promotion means promotion of a

3910 retained student at any time during the year of retention once

3911 the student has demonstrated ability to read at grade level.

3912 9. Information about the student’s eligibility for the New

3913 Worlds Reading Initiative under s. 1003.485 ~~and the New Worlds~~

3914 ~~Scholarship Accounts under s. 1002.411~~ and information on parent

3915 training modules and other reading engagement resources

3916 available through the initiative.

3918 After initial notification, the school shall apprise the parent

3919 at least monthly of the student’s progress in response to the

3920 intensive interventions and supports. Such communications must

3921 be in writing and must explain any additional interventions or

3922 supports that will be implemented to accelerate the student’s

3923 progress if the interventions and supports already being

3924 implemented have not resulted in improvement. Upon the request

3925 of the parent, the teacher or school administrator shall meet to

3926 discuss the student’s progress. The parent may request more

3927 frequent notification of the student’s progress, more frequent

3928 interventions or supports, and earlier implementation of the

3929 additional interventions or supports described in the initial

3930 notification.

3931 Section 9. Section 1010.305, Florida Statutes, is amended

3932 to read:

3933 1010.305 Audit of student enrollment.—

3934 (1) The Auditor General shall annually ~~periodically~~ examine

3935 the records of school districts, eligible nonprofit scholarship

3936 funding organizations as defined in s. 1002.421, and other

3937 agencies as appropriate, to determine compliance with law and

3938 State Board of Education rules relating to the classification,

3939 assignment, and verification of full-time equivalent student

3940 enrollment and student transportation reported under the Florida

3941 Education Finance Program.

3942 (2) If it is determined that the approved criteria and

3943 procedures for the placement of students and the conduct of

3944 programs have not been followed by the district or eligible

3945 nonprofit scholarship-funding organization , appropriate

3946 adjustments in the full-time equivalent student count for that

3947 district or eligible nonprofit scholarship-funding organization

3948 must be made, and any excess funds must be deducted from

3949 subsequent allocations of state funds to that district or

3950 eligible nonprofit scholarship-funding organization . As provided

3951 for by rule, if errors in a specific program of a district or

3952 eligible nonprofit scholarship-funding organization recur in

3953 consecutive years due to lack of corrective action by the

3954 district or eligible nonprofit scholarship-funding organization ,

3955 adjustments may be made based upon statistical estimates of

3956 error projected to the overall district or scholarship program.

3957 Section 10. Subsection (4) of section 1011.61, Florida

3958 Statutes, is amended to read:

3959 1011.61 Definitions.—Notwithstanding the provisions of s.

3960 1000.21, the following terms are defined as follows for the

3961 purposes of the Florida Education Finance Program:

3962 (4) The “Florida Education Finance Program” includes all

3963 programs and costs as provided in ss. 1003.03, 1011.62, 1011.68,

3964 ~~and~~ 1011.685 , 1011.687, and 1011.689, as applicable .

3965 Section 11. Paragraph (a) of subsection (1), paragraph (a)

3966 of subsection (15), and subsections (16) and (19) of section

3967 1011.62, Florida Statutes, are amended to read:

3968 1011.62 Funds for operation of schools.—If the annual

3969 allocation from the Florida Education Finance Program to each

3970 district for operation of schools is not determined in the

3971 annual appropriations act or the substantive bill implementing

3972 the annual appropriations act, it shall be determined as

3973 follows:

3974 (1) COMPUTATION OF THE BASE FLORIDA EDUCATION FINANCE

3975 PROGRAM.—The following procedure shall be followed in

3976 determining the base Florida Education Finance Program funds for

3977 each district:

3978 (a) Determination of full-time equivalent membership.—

3979 1. During the fiscal year, including scheduled

3980 intersessions of a year-round school program during the fiscal

3981 year, each district shall complete full-time equivalent surveys

3982 by aggregating the full-time equivalent student membership of

3983 each program by school. The department shall establish the

3984 number and interval of membership calculations. The district’s

3985 full-time equivalent membership shall be computed and currently

3986 maintained in accordance with regulations of the commissioner.

3987 ~~2. All final reported full-time equivalent survey data must~~

3988 ~~include the unduplicated count of both school district full-time~~

3989 ~~equivalent students and full-time equivalent Family Empowerment~~

3990 ~~Scholarship students.~~

3991 (15) TOTAL ALLOCATION OF STATE FUNDS TO EACH DISTRICT.—The

3992 total annual state allocation to each district for current

3993 operation for the Florida Education Finance Program shall be

3994 distributed to districts pursuant to s. 1011.66 and based on the

3995 results of the full-time equivalent membership surveys

3996 established in paragraph (1)(a).

3997 (a) When the Florida Education Finance Program allocation

3998 is recalculated, if the gross state Florida Education Finance

3999 Program funds are not sufficient to pay the state requirement in

4000 full, the department shall prorate the available state funds to

4001 each district in the following manner:

4002 1. To calculate the gross state and local Florida Education

4003 Finance Program funding, add the base Florida Education Finance

4004 Program and the categorical funds, except for the categorical

4005 funding provided in ~~subsection (16) and~~ s. 1011.685.

4006 2. To calculate the gross state Florida Education Finance

4007 Program funding, subtract the required local effort in

4008 subsection (4) from the gross and local Florida Education

4009 Finance Program funding.

4010 3. To determine the amount that must be prorated among all

4011 school districts, subtract the gross state Florida Education

4012 Finance Program and any prior year adjustments pursuant to

4013 paragraph (b) from the corresponding amount of state funds

4014 appropriated in the General Appropriations Act.

4015 4. Each school district’s amount of the proration is

4016 calculated based on its proportionate share of the gross state

4017 and local Florida Education Finance Program funding.

4018 ~~(16) STATE-FUNDED DISCRETIONARY SUPPLEMENT.—~~

4019 ~~(a) The state-funded discretionary supplement is created to~~

4020 ~~fund the nonvoted discretionary millage for operations pursuant~~

4021 ~~to s. 1011.71(1) and (3) for students awarded a Family~~

4022 ~~Empowerment Scholarship in accordance with s. 1002.394. To~~

4023 ~~calculate the state-funded discretionary supplement for~~

4024 ~~inclusion in the amount of the scholarship funding:~~

4025 ~~1. For fiscal year 2023-2024, multiply the maximum~~

4026 ~~allowable nonvoted discretionary millage for operations pursuant~~

4027 ~~to s. 1011.71(1) and (3) by the value of 96 percent of the~~

4028 ~~current year’s taxable value for school purposes for the school~~

4029 ~~district where the student is reported for purposes of the~~

4030 ~~Florida Education Finance Program as appropriated in the General~~

4031 ~~Appropriations Act; divide the result by the school district’s~~

4032 ~~total unweighted full-time equivalent membership as appropriated~~

4033 ~~in the General Appropriations Act; and multiply the result by~~

4034 ~~the total unweighted full-time equivalent membership associated~~

4035 ~~with the number of Family Empowerment Scholarship students~~

4036 ~~included in the school district’s total unweighted full-time~~

4037 ~~equivalent membership. A base amount as specified in the General~~

4038 ~~Appropriations Act shall be added to this amount for purposes of~~

4039 ~~calculating the total amount of the supplement.~~

4040 ~~2. Beginning in fiscal year 2024-2025 and thereafter,~~

4041 ~~multiply the maximum allowable nonvoted discretionary millage~~

4042 ~~for operations pursuant to s. 1011.71(1) and (3) by the value of~~

4043 ~~96 percent of the current year’s taxable value for school~~

4044 ~~purposes for the school district where the student is reported~~

4045 ~~for purposes of the Florida Education Finance Program as~~

4046 ~~appropriated in the General Appropriations Act; divide the~~

4047 ~~result by the school district’s total unweighted full-time~~

4048 ~~equivalent membership as appropriated in the General~~

4049 ~~Appropriations Act; and multiply the result by the total~~

4050 ~~unweighted full-time equivalent membership associated with the~~

4051 ~~number of Family Empowerment Scholarship students. The prior~~

4052 ~~year’s base amount shall be adjusted based on changes in the~~

4053 ~~eligible number of unweighted full-time equivalent membership~~

4054 ~~associated with the number of Family Empowerment Scholarship~~

4055 ~~students.~~

4056 ~~(b) The state-funded discretionary supplement shall be~~

4057 ~~recalculated during the fiscal year based on actual full-time~~

4058 ~~equivalent student membership.~~

4059 ~~(19) EDUCATIONAL ENROLLMENT STABILIZATION PROGRAM.—~~

4060 ~~(a) The educational enrollment stabilization program is~~

4061 ~~created to provide supplemental state funds as needed to~~

4062 ~~maintain the stability of the operations of public schools in~~

4063 ~~each school district and to protect districts, including charter~~

4064 ~~schools, from financial instability as a result of changes in~~

4065 ~~full-time equivalent student enrollment throughout the school~~

4066 ~~year.~~

4067 ~~(b) The Legislature shall annually appropriate funds in the~~

4068 ~~General Appropriations Act to the Department of Education for~~

4069 ~~this program in an amount necessary to maintain a projected~~

4070 ~~minimum balance of $250 million at the beginning of the upcoming~~

4071 ~~fiscal year. The Department of Education shall use funds as~~

4072 ~~appropriated to ensure that based on each recalculation of the~~

4073 ~~Florida Education Finance Program pursuant to paragraph (1)(a),~~

4074 ~~a school district’s funds per unweighted full-time equivalent~~

4075 ~~student are not less than the greater of either the school~~

4076 ~~district’s funds per unweighted full-time equivalent student as~~

4077 ~~appropriated in the General Appropriations Act or the school~~

4078 ~~district’s funds per unweighted full-time equivalent student as~~

4079 ~~recalculated based upon the receipt of the certified taxable~~

4080 ~~value for school purposes pursuant to s. 1011.62(4).~~

4081 ~~(c) Notwithstanding s. 216.301 and pursuant to s. 216.351,~~

4082 ~~the unexpended balance of funds appropriated pursuant to this~~

4083 ~~subsection which is not disbursed by June 30 of the fiscal year~~

4084 ~~in which the funds are appropriated may be carried forward for~~

4085 ~~up to 10 years after the effective date of the original~~

4086 ~~appropriation.~~

4087 Section 12. Paragraph (l) of subsection (2) of section

4088 11.45, Florida Statutes, is amended, and paragraph (o) is added

4089 to that subsection, to read:

4090 11.45 Definitions; duties; authorities; reports; rules.—

4091 (2) DUTIES.—The Auditor General shall:

4092 (l) At least once every 3 years, conduct operational audits

4093 of the accounts and records of eligible nonprofit scholarship

4094 funding organizations receiving eligible contributions under s.

4095 1002.395, including any contracts for services with related

4096 entities, to determine compliance with the provisions of that

4097 section. Such audits shall include, but not be limited to, a

4098 determination of the eligible nonprofit scholarship-funding

4099 organization’s compliance with s. 1002.395(6)(i), including

4100 whether the organization’s expenditures are reasonable and

4101 necessary ~~s. 1002.395(6)(l)~~ . The Auditor General shall provide

4102 its report on the results of the audits to the Governor, the

4103 President of the Senate, the Speaker of the House of

4104 Representatives, the Chief Financial Officer, and the

4105 Legislative Auditing Committee, within 30 days of completion of

4106 the audit.

4107 (o) Beginning July 1, 2027, annually conduct an audit of

4108 records of eligible nonprofit scholarship-funding organizations

4109 regarding the background screening results in s. 1002.421(8)(a).

4111 The Auditor General shall perform his or her duties

4112 independently but under the general policies established by the

4113 Legislative Auditing Committee. This subsection does not limit

4114 the Auditor General’s discretionary authority to conduct other

4115 audits or engagements of governmental entities as authorized in

4116 subsection (3).

4117 Section 13. Paragraph (c) of subsection (7) of section

4118 212.099, Florida Statutes, is amended to read:

4119 212.099 Credit for contributions to eligible nonprofit

4120 scholarship-funding organizations.—

4121 (7)

4122 (c) The organization may, subject to the limitations of s.

4123 1002.395(6)(i)1. ~~s. 1002.395(6)(l)1.~~ , use eligible contributions

4124 received during the state fiscal year in which such

4125 contributions are collected for administrative expenses.

4126 Section 14. Subsection (6) of section 402.22, Florida

4127 Statutes, is amended to read:

4128 402.22 Education program for students who reside in

4129 residential care facilities operated by the Department of

4130 Children and Families or the Agency for Persons with

4131 Disabilities.—

4132 (6) Notwithstanding the provisions of s. 1001.42(4)(m), the

4133 educational program at the Marianna Sunland Center in Jackson

4134 County shall be operated by the Department of Education, either

4135 directly or through grants or contractual agreements with other

4136 public educational agencies. The annual state allocation to any

4137 such agency shall be computed pursuant to s. 1011.62(1), (2),

4138 and (17) ~~(18)~~ and allocated in the amount that would have been

4139 provided the local school district in which the residential

4140 facility is located.

4141 Section 15. Paragraph (b) of subsection (6) of section

4142 1002.45, Florida Statutes, is amended to read:

4143 1002.45 Virtual instruction programs.—

4144 (6) VIRTUAL INSTRUCTION PROGRAM AND VIRTUAL CHARTER SCHOOL

4145 FUNDING.—

4146 (b) Students enrolled in a virtual instruction program

4147 shall be funded in the Florida Education Finance Program as

4148 provided in the General Appropriations Act. The calculation to

4149 determine the amount of funds for each student through the

4150 Florida Education Finance Program shall include the sum of the

4151 basic amount for current operations established in s.

4152 1011.62(1)(n) and all categorical programs except for the

4153 categorical programs established in ss. 1011.62(7) and , (12),

4154 ~~and (16),~~ 1011.68, ~~and~~ 1011.685 , and 1011.687 . Students residing

4155 outside of the school district reporting the full-time

4156 equivalent virtual student shall be funded from state funds

4157 only.

4158 Section 16. Subsection (3) of section 1003.4935, Florida

4159 Statutes, is amended to read:

4160 1003.4935 Middle grades career and professional academy

4161 courses and career-themed courses.—

4162 (3) CAPE industry certifications offered in the middle

4163 grades that are included on the CAPE Industry Certification

4164 Funding List, if earned by students, are eligible for additional

4165 funding pursuant to s. 1011.62(16) ~~s. 1011.62(17)~~ .

4166 Section 17. Paragraph (a) of subsection (2) and paragraph

4167 (b) of subsection (3) of section 1010.20, Florida Statutes, are

4168 amended to read:

4169 1010.20 Cost accounting and reporting for school

4170 districts.—

4171 (2) COST REPORTING.—

4172 (a) Each district shall report on a district-aggregate

4173 basis expenditures for inservice training pursuant to s.

4174 1011.62(3) and for categorical programs as provided in s.

4175 1011.62(18).

4176 (3) PROGRAM EXPENDITURE REQUIREMENTS.—

4177 (b) Funds for inservice training established in s.

4178 1011.62(3) and for categorical programs established in s.

4179 1011.62(17) ~~s. 1011.62(18)~~ shall be expended for the costs of

4180 the identified programs as provided by law and in accordance

4181 with the rules of the State Board of Education.

4182 Section 18. (1) The Legislature finds that the educational

4183 scholarship programs created pursuant to chapter 1002, Florida

4184 Statutes, provide unprecedented school choice in this state and

4185 are central to parent empowerment.

4186 (a) The Legislature further finds that to protect universal

4187 school choice within this state, it is critical to remain good

4188 stewards of taxpayer funds, including eligible contributions

4189 made to scholarship programs. This state is implementing the

4190 nation’s largest school choice program, and it must be

4191 safeguarded.

4192 (b) To improve the efficiency, accountability, and

4193 transparency of the scholarship programs, a single entity that

4194 can be held directly accountable to the state must be

4195 responsible for the implementation of the programs.

4196 (c) Therefore, the Legislature determines that it is in the

4197 best interest of this state for the Department of Education to

4198 implement the scholarship programs.

4199 (2) The Department of Education must provide a report

4200 outlining its recommendations for the implementation of the

4201 educational scholarship programs, with such implementation set

4202 to begin in the 2028-2029 school year.

4203 (3) The department’s recommendations must address each of

4204 the following program components:

4205 (a) The application process.

4206 (b) The enrollment and verification process.

4207 (c) Student account management and requirements.

4208 (d) The payment or reimbursement process.

4209 (e) Communication with parents regarding the different

4210 scholarship programs and how to apply to a scholarship program.

4211 (f) Assistance for parents with scholarship-related

4212 questions and issues.

4213 (g) Administration of the contributions received pursuant

4214 to s. 1002.395(5), Florida Statutes.

4215 (4) The department may, for any or all of the program

4216 components, recommend itself or any other state agency or public

4217 entity, such as school districts or educational consortiums, for

4218 implementation of the component. Any contract to implement a

4219 component must be awarded pursuant to chapter 287, Florida

4220 Statutes, through a competitive procurement process. At a

4221 minimum, the department must include an outline of the

4222 requirements for each program component which includes all of

4223 the following information, as applicable:

4224 (a) An estimate of recurring and nonrecurring costs,

4225 including an estimate of any administrative costs the department

4226 deems reasonable and necessary, and for what purposes the

4227 administrative funds may be used.

4228 (b) A description, justification, and detailed cost

4229 breakdown of any additional resources that the department

4230 requires to fully implement the program component.

4231 (c) The business, functional, and technical requirements

4232 for the program component.

4233 (d) A list of roles and responsibilities for the program

4234 component which delineates the functionality that will be

4235 provided by the department or other entity, as applicable.

4236 (e) A proposed implementation timeline that identifies

4237 major milestones, dependencies, and the estimated completion

4238 dates for the program component.

4239 (f) A framework establishing a communication structure and

4240 accountability measures which will ensure coordinated,

4241 efficient, and transparent interaction among each project

4242 component.

4243 (g) An outcome-based contracting framework that will be

4244 used to measure each contract’s success against specific,

4245 objective performance metrics and desired outcomes. This

4246 framework may incorporate a system of rewards for exceeding

4247 performance goals, and penalties for failing to meet them.

4248 (5) If the department recommends administration of any

4249 project component by a scholarship-funding organization, the

4250 department must include recommendations for eligibility

4251 requirements of the scholarship-funding organizations and any

4252 other changes to the application process or other procedural

4253 requirements it recommends.

4254 (6) The department shall also include in its report a plan

4255 to ensure that the results from required background screening

4256 for education providers who are licensed or who are exempt from

4257 licensure through the Department of Children and Families are

4258 shared with the Department of Education.

4259 (7) The department must submit the report to the Governor,

4260 the President of the Senate, and the Speaker of the House of

4261 Representatives no later than December 1, 2026, and must include

4262 any statutory changes that may be necessary to implement the

4263 department’s recommendations.

4264 (8) This section expires July 1, 2027.

4265 Section 19. This act shall take effect July 1, 2026.