SB 48 — Educational Scholarship Programs

requiring the state board to provide written notice to affected students and parents if the state board disapproves an organization’s renewal application;

allowing students affected by such disapproval to remain eligible for the program for a specified timeframe;

requiring such students to apply to and be accepted by a different organization for upcoming school years;

requiring remaining funds held by a disapproved organization to be transferred to other eligible organizations;

providing obligationsnonprofit forscholarship-funding organizationsorganization obligations relating to establishing program scholarships;

providing eligibility and obligations for transitiontransition-to-work to-work programs;

providing requirements for such programs and for private schools and job coaches participating in such programs;

providing student obligations relating to participating in such programs;

providing business obligations relating to participating in such programs;

specifying the initial maximum number of studenteligible FTE;

providing for the annual increase of the maximum number of studenteligible FTE;

requiring nonprofit scholarship-funding organizations to report specified information to the department at the time of each Florida Education Finance Program student membership survey;

specifyingproviding obligationscriteria relatedfor tosuch approvedaudits; providers;

requiring the Auditor General to provide the commissioner with a copy of such audits within a specified timeframe;

requiring the Auditor General to notify the department of any organization that fails to comply with a request for information;

requiring certain departments and agencies to work with organizations to provide access to specified lists;

providingclarifying construction;that the act does not expand regulatory authority of the state over specified entities;

revising the Family Empowerment Scholarship Program;

conforming provisions to changes made by the act;

revisingdeleting a provision requiring the prioritydepartment orderto fornotify awardingthe scholarships;school district of the parent’s intent upon receipt of the parent’s request;

providingrevising andthe revisingpriority termsorder for scholarshipawarding paymentsthe scholarships to organizations;eligible students;

providing circumstancesand underrevising whichterms afor student’sstate accountFamily mustEmpowerment beScholarship closedpayments and remaining funds revert to theorganizations; state;

providing circumstances under which a student’s account must be closed and remaining funds reverted to the state;

requiring the commissioner to notify parents when an account is closed and funds revert to the state;

requiring funds to be used to meet individual educational needs of eligible students;

providingprohibiting anda revisingprovider schoolreceiving districtsuch obligations;funds from sharing, refunding, or rebating the funds with a participating parent or student;

providing eligibility for a scholarship to transport a student;

requiring a principal or his or her designee to provide copies of certain reports to a parent;

requiring a principal or his or her designee to investigate incidents in a specified manner;

requiring the department to issue a project grant award to a state university, to which certain private schools must report student scores on certain tests;

requiring the department to issue a project grant award to a state university for a certain purpose;

specifying the duration of the grant and the maximum dollar amount;

requiring the university to annually report data on student performance to the department;

requiring the department to publish the report on its website;

specifying other department requirements pertaining to approved providers, verification of certain expenditures, reports from eligible nonprofit scholarship-funding organizations, and contracting with an independent entity to evaluate the program annually;

requiring the department to investigate certain complaints;

requiring the department to establish and coordinate an FTE reporting process;

providing and revising nonprofit scholarship-fundingscholarship funding organization obligations relating to participating in the program;

specifying Auditor General obligations;

clarifying that certainsuch scholarships do not count toward the maximum number of eligible students;

providingrequiring nonprofit scholarship funding organizations to report specified information to the mannerdepartment inat whichthe fundstime willof beeach allocated;Florida Education Finance Program student membership survey;

requiringproviding the departmentmanner toin verifywhich thatfunds awill studentbe isallocated notby prohibitedcertain fromdates; receiving a scholarship upon notification from an organization that an application has been approved;

requiring the organizationdepartment to providerelease thescholarship departmentfunds withonce thean documentationapplication necessaryhas tobeen verifyapproved for the student’sprogram; participation;

requiring the department to release the student’s scholarship funds to the organization to be deposited into the student’s account upon verification;

providing ancriteria application approval and renewal process for charitablesuch organizationsaudits; seeking to participate or remain in the program;

establishingrequiring the Auditor General to provide the commissioner with a procedurecopy forof whensuch anaudits organizationwithin isa disapproved;specified timeframe;

providingrequiring thatthe anAuditor organizationGeneral isto anotify renewingthe organizationdepartment ifof itany wasorganization approvedthat byfails theto statecomply boardwith for a certainrequest fiscalfor yearinformation; or after and maintains continuous approval and participation in the program;

providing application requirements for charitable organizations seeking to participate in the Family Empowerment Scholarship program;

requiring the office to review applications in consultation with the Department of Revenue and the Chief Financial Officer;

requiring the commissioner to recommend approval or disapproval of applications to the State Board of Education within a certain timeframe;

requiring the state board to consider applications and recommendations at its next scheduled meeting;

requiring the state board to provide a written explanation to organizations whose applications are disapproved;

requiring the state board to provide written notice to affected students and parents if the state board disapproves an organization’s renewal application;

allowing students affected by such disapproval to remain eligible for the program for a specified timeframe;

requiring such students to apply to and be accepted by a different organization for upcoming school years;

requiring remaining funds held by a disapproved organization to be transferred to the student’s account established at the eligible organization accepting the student;

providing that an organization is a renewing organization if it maintains continuous approval and participation in the program;

providing certain authority and obligations of the Commissioner of Education;

repealingrenaming the Florida Tax Credit Scholarship Program the Florida K-12 Education Funding Tax Credit Program;

revising legislativethe findings;purpose of the program;

retainingauthorizing thea taxtaxpayer creditsto availableelect underto make eligible contributions to the formerDepartment scholarshipof program;Revenue or Division of Alcoholic Beverages and Tobacco;

amending s.

1002.40, F.S.;

renaming the Hope Scholarship Program the K-12 Education Funding Tax Credit Program;

deleting provisions made obsolete by the act;

revising and deleting terms;

authorizing eligible contributions to be used for K-12 education funding;

requiring an eligible contribution to be accompanied by a contribution election form provided by the Department of Revenue;

requiring the Department of Revenue to develop the form in collaboration with the Department of Education;

providing the information to be included in the form;

requiring the Department of Revenue to deposit all receipts of eligible contributions into a specified fund;

authorizing the Division of Alcoholic Beverages and Tobacco to adopt rules;

repealing s.

1002.40, F.S., relating to the Hope Scholarship Program;

requiringamending thes. schools to provide parents and students with specified information;

1009.971, F.S.;

conforming provisions to changes made by the act;

1009.971, 1009.98, 1009.981, and 1011.61, F.S.;

creatingproviding s.an effective date.

1011.687,269 F.S.;Be It Enacted by the Legislature of the State of Florida:

establishing271 anSection allocation1. Paragraph within(l) theof Floridasubsection Education(2) Financeand Programsubsection for(8) certainof scholarshipsection programs;11.45, Florida Statutes, are amended to read:

providing requirements for certain allocations of tax credits;

clarifying that certain requirements apply to allocations of credit received before a certain date;

authorizing the Department of Revenue to contract with a qualified vendor without using a competitive solicitation process;

providing an appropriation;

providing the department with emergency rulemaking authority;

providing effective dates.

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

213 Section 1. Paragraph (l) of subsection (2) and subsection (8) of section 11.45, Florida Statutes, are amended to read:

1002.395, including any contracts for services with related entities, to determine compliance with the provisions of those sections that section.

Such audits must shall include, but need not be limited to, a determination of the eligible nonprofit scholarshipscholarship-funding funding organization’s compliance with ss.

233291 The Auditor General shall perform his or her duties independently but under the general policies established by the Legislative Auditing Committee.

211.0251 Credit for contributions forto K-12 education tofunding eligible nonprofit scholarship-funding organizations.—There is allowed a credit of 100 percent of an eligible contribution directed made to K-12 education funding an eligible nonprofit scholarship-funding organization under s.

212.099 Credit for contributions forto K-12 education tofunding eligible nonprofit scholarship-funding organizations.— (1) As used in this section, the term:

(b) “Eligible contribution” or “contribution” means the amount of tax, or portion thereof, designated for K-12 education by an eligible business and paid by a monetary contribution from an eligible business to,to fora thecollecting perioddealer ofand Julydesignated 1,for 2021,K-12 througheducation Decemberfunding 31, 2021, the department or as otherwise directed by the department,eligible andbusiness thereafter, to a collecting dealer to an eligible nonprofit scholarship-funding organization to be used pursuant to s.

(2) An eligible business shall be granted a credit against the state portion of the tax imposed under s.

The dealer shall also remit to the department any contributions of designated amounts it receives from an eligible business.

212.031 from the eligible business and who will,will during the period of July 1, 2021, through December 31, 2021, reduce collection of taxes from the eligible business if the eligible business provides the dealer with a receipt of contribution as described in paragraph (b) pursuant to this section.

The department shall approve allocations of tax credits on a first-come, first-servedfirst served basis and shall provide to the eligible business a separate approval or denial letter for each dealer for which the eligible business applied for an allocation of tax credits.

(b) For(b) Upon the period of July 1, 2021, through December 31, 2021, upon receipt of an eligible contributioncontribution, from an eligible business, the department organization shall provide the eligible business that made the contribution with a receipt separate certificate of contribution for each dealer from whom a credit can be taken as approved under paragraph (a).

A receipt certificate of contribution must include the contributor’s name and, if available, federal employer identification number, the amount contributed, the date of contribution, the name of the organization, and the name and federal employer identification number of the dealer.

(5) Each dealer that receives from an eligible business a copy of the department’s approval letter,letter and until December 31, 2021, the receipt and a certificate of contribution, both of which identify the dealer as the dealer who collects the tax imposed under s.

The dealer shall also remit to the department any contributions of designated amounts for K 12 education it receives from an eligible business on the dealer’s return However, payments by an eligible business to a dealer may not be reduced before October 1, 2018.

(e) Within any state fiscal year, an eligible business may rescind all or part of a tax credit allocation approved under this section.

Any amount rescinded under this subsection shall become available to an eligible business on a first-come, firstfirst-served served basis based on tax credit applications received after the date the rescindment is accepted by the department.

(8) The(7)(8) The sum of tax credits that may be approved by the department in any state fiscal year is $57.5 million.

(7)(9) The(8)(9) The department shall ensure that receipts designated by a remitting dealer as eligible contributions under this section and eligible contributions transferred to the state by an organization are deposited into thea Floridadesignated K-12student Educationfund. Tax Credit Program Trust Fund and used in accordance with s.

1010.88.

(8)(10) The(9)(10) The department may adopt rules to administer this section.

212.1831 Credit for contributions forto K-12 education tofunding eligible nonprofit scholarship-funding organizations.—There is allowed a credit of 100 percent of an eligible contribution made to an eligible nonprofit scholarship-funding organization under s.

1002.395 against the state portion of the tax any tax imposed by the state and due under this chapter from a direct pay permit holder as a result of the direct pay permit held pursuant to s.

212.1832 Credit for contributions forto K-12 education tofunding eligible nonprofit scholarship-funding organizations.— (1) As(1) The usedpurchaser inof thisa section,motor thevehicle term:shall be granted a credit of 100 percent of an eligible contribution made to an eligible nonprofit scholarship-funding organization under s.

(a) “Dealer” has the same meaning as provided in s.

212.06.

(b) “Designated agent” has the same meaning as provided in s.

212.06(10).

(c) “Eligible contribution” or “contribution” means the amount of tax paid by a person purchasing a motor vehicle, subject to the restrictions provided in this section and s.

1002.395, and designated by the purchaser to be used for K-12 education.

(d) “Motor vehicle” has the same meaning as provided in s.

320.01(1)(a), but does not include a heavy truck, truck tractor, trailer, or motorcycle.

(2) The purchaser of a motor vehicle shall be granted a credit of 100 percent of an eligible contribution made to an eligible nonprofit scholarship-funding organization under s.

1002.395 s.

(3)(2) A(2) A dealer shall take a credit against any tax imposed by the state under this chapter on the purchase of a motor vehicle in an amount equal to the credit granted to the purchaser under subsection (2) (1).

A(3) For dealerpurposes thatof claimsthe adistributions of tax creditrevenue must file returns and pay taxes by electronic means under s.

213.755.

(4)(3) For purposes of the distributions of tax revenue under s.

1002.395 s.

(5)(a) A dealer, designated agent, or private tag agent shall report to the department on each return filed pursuant to s.

212.11 the total amount of credits granted under s.

212.1832 for the preceding reporting period.

(b) For eligible contributions made between July 1, 2021, and December 31, 2021, a dealer, designated agent, or private tag agent shall remit eligible contributions to the department as a payment separate from the tax due with the return filed pursuant to s.

212.11, or as otherwise directed by the department.

This paragraph expires July 1, 2022.

(6) The department shall adopt rules to administer this section.

503519 Disclosure of information under this subsection shall be pursuant to a written agreement between the executive director and the agency.

220.1875 Credit for contributions forto K-12 education tofunding eligible nonprofit scholarship-funding organizations.— (1) There is allowed a credit of 100 percent of an eligible contribution made to an eligible nonprofit scholarship-funding organization under s.

561.1211 Credit for contributions forto K-12 education tofunding eligible nonprofit scholarship-funding organizations.—There is allowed a credit of 100 percent of an eligible contribution made to an eligible nonprofit scholarship-funding organization under s.

624.51055 Credit for contributions forto K-12 education tofunding eligible nonprofit scholarship-funding organizations.— (1) There is allowed a credit of 100 percent of an eligible contribution made to an eligible nonprofit scholarship-funding organization under s.

1. Dependent children of active duty military personnel whose move resulted from military orders.orders;.

2. Children who have been relocated due to a foster care placement in a different school zone.zone;.

3. Children who move due to a court-ordered change in custody due to separation or divorce, or the serious illness or death of a custodial parent.parent;.

1002.381.1002.381;

and 5. Students residing in the school district.

1002.381 The McKay-Gardiner ScholarshipScholarship.— Program.— (1) ESTABLISHMENT OF PROGRAM.—Beginning with the 2021-2022 school year, the McKay-Gardiner Scholarship Program is established to provide the option for a parent to better meet the individual educational needs of his or her eligible child.

456.001,456.001(4), or a provider approved by the department pursuant to s.

1002.394.1002.394(2)(b).

or an independent college or university that is eligible to participate in the William L.

or is a charitable organization that:

(f) “Eligible postsecondary educational institution” has the same meaning as provided in s.

1002.394.1002.394(2)(f).

(g) “Eligible private school” has the same meaning as provided in s.

1002.394.1002.394(2)(g).

(j) “Job coach” means an individual employed to help people with disabilities learn, accommodateaccommodate, to, and perform their work duties.

2. Is 3 or 4 years of age on or before September 1 of the year in which the student applies for program participationparticipation, or is eligible to enroll in kindergarten through grade 12 in a public school in this state;

963979 A student with a disability who meets the requirements of subparagraph 1.

(a) Instructional materials, including school equipment and supplies, and digital devices, digital periphery devices, and assistive technology devices that allow a student to access instruction or instructional content;

(b) Curriculum.(b) Curriculum as defined in paragraph (2)(b).

1. Aa home education program, an eligible private school, or an eligible postsecondary educational institution, or a program offered by the postsecondary institution;

2. Aa program offered by the postsecondary institution, a private tutoring program authorized under s.

or 3. Anan approved online course offered pursuant to s.

1004.09611004.0961. or a private virtual school that meets the requirements of s.

1002.421.

1012.56(5)1012.56(5). or approved by the department.

3. Hold a baccalaureate degree or higher from a postsecondary educational institution with a major in music, art, theater, or drama or a related field;

(r) Transportation expensesexpenses, thatwhich may not exceed $750 annuallyannually, necessaryin toconnection meetwith meeting the student’s educational needs under this section.

11021116 A service provider who receives payments pursuant to this subsection may not share or refund any moneys from the McKay Gardiner Scholarship with the parent or participating student and may not issue rebates to such persons.

a. A program student’s parent does not renew program eligibility;

b. The organization determines that a program student is not eligible for program renewal;

c. The Commissioner of Education suspends or revokes program participation or use of funds pursuant to subparagraph (b)1.;(b)(1);

d. A program student’s parent has forfeited participation in the program for failure to comply with subsection (11);

e. A program student enrolls in a public school,school; except that a student who enters a Department of Juvenile Justice detention center for a period of no more than 21 days is not considered to have returned to a public school for that purpose;

or f. A program student graduates from high school or attains 22 years of age, whichever occurs first.

504 of the Rehabilitation Act of 1973, a school district shall notify the parent of the student of all options available pursuant to this sectionsection, and shall inform the parent of the availability of the department’s website for additional information on McKay-Gardiner Scholarships.

The district must accept the diagnosis, and consider the service plan of the licensed professional providing the diagnosis pursuant to sub-subparagraph (3)(a)3.a., during the development of the IEP or provide in writing reasons for any changes or disagreement with the licensed professional’s diagnosis and service plan.

(c) Provide1221 toIf thea organizationprivate allschool documentationfails forto ameet student’sthe participationrequirements byof athis datesubsection establishedor bys. the organization.

1217 If a private school fails to meet the requirements of this subsection or s.

(g) Distribute each student’s scholarship funds on a quarterly basis to the eligible nonprofit scholarship-funding organization, to be deposited into the student’s account.

(h) Establish and coordinate with the eligible nonprofit scholarship-funding organizations an FTE reporting process to provide FTE by county by FEFP program and by matrix level of services to be used to revise and update the K-12 Education Scholarship Program allocation pursuant to s.

1011.687, for inclusion in the FEFP calculations beginning with the FEFP calculation following the October student membership survey.

imposition of a civil fine or administrative fine, license revocation or suspension, or program eligibility suspension, termination, or revocation related to a person’s or an entity’s management or operation;

(d) The parent must annually renew participation in the program by a date set and format determined by the nonprofit scholarship-funding organization in order for a student to be eligible to receive funding.

However, for a high-risk child to continue to participate in the program in the school year after he or she reaches 6 years of age, the child’s application for renewal of program participation must contain documentation that the child has a disability,disability as defined in paragraph (2)(d), other than high-risk status.

13751369 A participant who fails to comply with this subsection forfeits the McKay-Gardiner Scholarship.

APPLICATION.—In order to participate in the scholarship program created under this section, a charitable organization that seeks to be ana eligible nonprofit scholarship-funding organization must submit an application for initial approval or renewal to the Office of Independent Education and Parental Choice no later than September 1 of each year before the school year for which the organization intends to offer scholarships.

(a) An application for initial approval must includeinclude: all of the following:

(b) In addition to the information required under paragraph (a), an application for renewal must includeinclude: all of the following:

1. A single surety bond or letter of credit to secure the faithful performance of the obligations of the eligible nonprofit scholarship-funding organization in accordance with this chaptersection equal to the amount of undisbursed funds held by the organization based on the annual report submitted pursuant to paragraph (13)(a).(13)(l).

3. A copy of any statutorily required audit thatwhich the organization must provide to the Department of Education and Auditor General.

4. An annual report that includesincludes: all of the following:

(c) In consultation with the Department of Revenue and the Chief Financial Officer, the Office of Independent Education and Parental Choice shall review the application.

The student must apply to and be accepted by another eligible nonprofit scholarship-funding organization for the upcoming school year.

All transferred amounts received by any eligible nonprofit scholarship-funding organization must be separately disclosed in the annual financial audit required under subsection (16).(13).

(g) A nonprofit scholarship-funding organization is a renewing organization if it was approved by the State Board of Education for the 2021-2022 fiscal year or after and maintains continuous approval and participation in the program.

The rules must include a process for compiling input and recommendations from the Chief Financial OfficerOfficer, the Department of Revenue, and the Department of Education.

(13) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING ORGANIZATIONS.—An organization may establish McKay-Gardiner Scholarships for eligible students by:

1002.394(11)(a) (h),(h). including, but not limited to, the annual report on the results of the annual financial audit.

2. Students retained on the previous school year’s waitwaiting list.

15601550 An approved student who does not receive a scholarship must be placed on the waitwaiting list in the order in which his or her application is approved.

An eligible student who does not receive a scholarship within the fiscal year shall be retained on the waitwaiting list for the subsequent year.

(f) Using an amount not to exceed 2.5 percent of the total calculated amount of all scholarships awarded under this section for administrative expenses associated with performing functions authorized under this section,section. if the organization has operated as an eligible nonprofit scholarship-funding organization for at least the preceding 3 fiscal years and did not have any material weakness or material noncompliance in its most recent audit performed pursuant to s.

1002.394(11)(f).

(j) Documenting each scholarship student’s eligibility for a fiscal year before granting a scholarship for that fiscal year pursuant to paragraph (3)(b).

(15) FUNDING AND PAYMENT.—ForPAYMENT.— the(a) The purposesscholarship ofis thisestablished subsection,for theup term “student FTE” refers to how50,000 participatingstudent studentsFTE areannually calculatedbeginning forwith the purposes2021-2022 ofschool theyear. scholarship program allocation, which is equal to four quarterly scholarship payments.

(a) TheFor McKay-Gardinerthe 2022-2023 school year and each year thereafter, the maximum number of student FTE in the scholarship isprogram establishedunder forthis upsection tomust 50,000increase by 7 percent of the total student FTE for the 2021-2022prior school year.

For1. For a student who has a Level I to Level III matrix of services or a doctor’s diagnosis, the 2022calculated 2023scholarship schoolamount year,for anda eachstudent yearparticipating thereafter,in the maximumprogram numbermust ofbe based upon the grade level and district school to which the student FTEwould shallhave increasebeen byassigned 1.0as 97.5 percent of the state’sfunds totalper publicunweighted schoolfull-time exceptionalequivalent in the Florida Education Finance Program for a student educationin the basic exceptional student enrollment,education notprogram includingpursuant giftedto students.s.

1. For a student who has a Level I to Level III matrix of services or a doctor’s diagnosis, the calculated scholarship amount for a student participating in the program must be based upon the grade level and school district in which the student would have been enrolled as 97.5 percent of the funds per unweighted full-time equivalent in the Florida Education Finance Program for a student in the basic exceptional student education program pursuant to s.

and 2., the funds must be allocated based on the school district’s average exceptional student education guaranteed allocation funds per exceptionalExceptional studentStudent educationEducation full-time equivalent student.

2. For a student with a Level IV or Level V matrix of services, the calculated scholarship amount must be based upon the school district school to which the student would have been assigned as 97.5 percent of the funds per full-time equivalent for the Level IV or Level V exceptionalExceptional studentStudent educationEducation program pursuant to s.

3. For a student with a 504 plan, the calculated scholarship amount must be based upon the grade level and school district school to which the student would have been assigned as 97.5 percent of the funds per unweighted full-time equivalent in the Florida Education Finance Program for a student in the basic education program established pursuant to s.

(b) At the time of each Florida Education Finance Program student membership survey, the scholarship-fundingscholarship funding organization shall report to the departmentDepartment studentof enrollment,Education student enrollment, FTE, and total award amounts by county, delineated by FEFP program, and grade and matrix level for all students who are participating in the McKay-Gardiner Scholarship Program.

(c) UponFor notificationthe frompurpose anof organizationthis onparagraph, July 1, September 1, December 1, and February 1 that an applicationFTE has been approved for the program, the department shall verifybe thatequal theto studentfour isquarterly not prohibited from receiving a scholarship pursuantpayments. to subsection (4).

The(c) Following organizationnotification muston provideJuly 1, September 1, December 1, and February 1 of the number of program participants, the department withshall transfer the documentationamount necessarycalculated pursuant to verifyparagraph the(a) student’sto participation.organizations for quarterly disbursement to accounts maintained by organizations pursuant to paragraph (13)(a) for parents of participating students.

(d) UponWhen verification,a thestudent departmententers shall release the student’s scholarship fundsprogram, to the organization,department tomust bereceive depositedfrom intoan theorganization student’sall accountdocumentation inrequired fourfor equalthe amountsstudent’s noparticipation laterat thanleast September30 1,days Novemberbefore 1,the Februaryfirst 1,quarterly andscholarship Aprilpayment 1is ofmade eachfor school year in which the scholarshipstudent. is in force.

(d) Upon notification from the organization that an application has been approved for the program, the department shall release the student’s scholarship funds to the organization, to be deposited into the student’s account in four equal amounts no later than September 1, November 1, February 1, and April 1 of each school year in which the scholarship is in force.

1002.394 The Family Empowerment Scholarship Program.— (1) PURPOSE.—The Family Empowerment Scholarship Program is established to provide children of families in this state,state including those with which have limited financial resources,resources with educational options to achieve success in their education.

1002.01 located in this state which offers an education to students in any grade from kindergartenKindergarten through grade 12 and:

(a)1. The student is on the direct certification list as defined in paragraph (2)(d) pursuant to s.

c. Aor siblingc. Enrolled ofin a studentFlorida whopublic isschool participatingin kindergarten through grade 12 and reported an incident in accordance with paragraph (7)(b) 3. The student’s household income level does not exceed 300 percent of the scholarshipfederal programpoverty underlevel s.or an adjusted maximum percent of the federal poverty level as established pursuant to paragraph (e).

1002.381,1853 ifA the student resideswho ininitially thereceives samea householdscholarship asbased theon siblingeligibility andunder attendsthis thesubsection samesubparagraph school;2.

or d. Enrolled in a Florida public school in kindergarten through grade 12 and reported an incident in accordance with paragraph (7)(b) 3. The student’s household income level does not exceed 300 percent of the federal poverty level or an adjusted maximum percent of the federal poverty level as established pursuant to paragraph (e).

1868 A student who initially receives a scholarship based on eligibility under this paragraph subparagraph 2.

18921877 For purposes of this paragraph, the term “prior school year in attendance” means that the student was enrolled full time and reported by a school district for funding during the preceding October and February Florida Education Finance Program surveys in kindergarten through grade 12, which includes time spent in a Department of Juvenile Justice commitment program if funded under the Florida Education Finance Program.

1. An eligible student who received a Family Empowerment Scholarship during the previous school year school year, or a Florida Tax Credit Scholarship or Hope Scholarship during the 2020-2021 school year, and requested a renewal scholarship award.

3. An eligible student who meets the criteria for an initial award under sub-subparagraph (a)2.a., or sub subparagraph (a)2.b.,(a)2. or sub-subparagraph (a)2.d., and paragraph (b) subparagraph (b)2.

and paragraph (b) (b)2.

6. An1929 eligibleAn approved student who meetsdoes not receive a scholarship must be placed on the criteriawait forlist anin initialthe awardorder underin sub-subparagraphwhich (a)2.c.his or her application is approved.

and paragraph (b).

1947 An approved student who does not receive a scholarship must be placed on the wait list in the order in which his or her application is approved.

(e) The student’s household income level does not exceed an adjusted maximum percent of the federal poverty level that is increased by 25 percent in the fiscal year following any fiscal year in which more than 5 percent of the available scholarships authorized under subsection (12)(12)(11) (11) have not been awarded.

c. The Commissioner of Education suspends or revokes program participation or use of funds pursuant to subparagraph (b)1.;(b)(1);

e. The student enrolls in a public school,school; except that a student who enters a Department of Juvenile Justice detention center for a period of no more than 21 days is not considered to have returned to a public school for that purpose;

However, if a student enters a Department of Juvenile Justice detention center for a period of no more than 21 days, the student is not considered to have returned to a public school for that purpose.

or c. The account has been inactive for 2 consecutive fiscal years prior to high school completion or graduation Upon reasonable notice to the department and the school district, the student’s parent may remove the student from the private school and place the student in a public school in accordance with this section.

2. The commissioner must notify the parent and the organization when a Family Empowerment Scholarship account is closed and program funds revert to the statestate. (c) Upon reasonable notice to the department, the student’s parent may move the student from one participating private school to another participating private school.

(c) Upon reasonable notice to the department, the student’s parent may move the student from one participating private school to another participating private school.

(d) Notor having(d) Participating regularin anda directhome contacteducation withprogram hisas ordefined herin private school teachers pursuant to s.

1002.421(1)(i), unless he or she is enrolled in a home education program pursuant to s.

1002.41 Participating in a home education program as defined in s.

or (e)(f) Participating(f) Participating in a virtual school, correspondence school, or distance learning program that receives state funding pursuant to the student’s participation.

(a) Instructional materials, including school equipment and supplies, and digital devices and Internet access to access digital instructional materials.

(b) Curriculum.(b) Curriculum as defined in paragraph (2)(b).

(c) Tuition or fees associated with full-time or part-time enrollment in anya ofhome education program, an eligible private school, an eligible postsecondary educational institution or a program offered by the following:postsecondary institution, a private tutoring program authorized under s.

1. A home education program, an eligible private school, an eligible postsecondary educational institution, or a program offered by the postsecondary institution;

2. A private tutoring program authorized under s.

1002.45(2)(a), or a program offered by the Florida Virtual School toas a private paying student;student, or an approved online course offered pursuant to s.

or 3. An approved online course offered pursuant to s.

1004.09611004.0961. or a private virtual school that meets the requirements of s.

1002.421.

1012.56(5)1012.56(5). or as approved by the department.

(k) Transportation expenses that may not exceed $750 annually necessary to meet the student’s educational needs under this section.subsection.

20912066 A provider of any services receiving payments pursuant to this subsection may not share, refund, or rebate any moneys from the Family Empowerment Scholarship with the parent or participating student in any manner.

A parent who chooses to enroll his or her eligible student in a public school that is different from the school in which the student was assigned pursuant to s.

1002.31 or enrolls his or her eligible student in a lab school as defined in s.

1002.32 is eligible for a scholarship to transport the student as provided in paragraph (12)(c).

(g) Notify an eligible nonprofit scholarship-funding organization of any of the organization’s or other eligible nonprofit scholarship-funding organization’s identified students who are receiving educational scholarships underpursuant thisto chapter.chapter 1002.

(o) Establish and coordinate with the eligible nonprofit scholarship-funding organizations an FTE reporting process to provide FTE by county by FEFP program and by matrix level of services to be used to revise and update the K-12 Education Scholarship Program Allocation pursuant to s.

1011.687, for inclusion in the FEFP calculations beginning with the FEFP calculation following the October student membership survey.

(b) Provide to the organization department all documentation required for a student’s participationparticipation, by a date established by the organization, including the private school’s and student’s fee schedules, at least 30 days before any quarterly scholarship payment is made for the student pursuant to paragraph (12)(f) (11)(f).

23392312 If a private school fails to meet the requirements of this subsection or s.

(10)(9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM PARTICIPATION.—A parent who applies for a Family Empowerment Scholarship is exercising his or her parental option to determine the appropriate placement or the services that best meetmeets the needs of his or her child place his or her child in a private school.

(d)(f) The parent shall ensure that a the student participating in the scholarship program and who is enrolled in a private school takes the norm-referenced assessment offered by the private school.

(f)(i) The parent must annually renew participation in the program by the date established and in a format determined by the organization department pursuant to paragraph (7)(e).

24232395 A participant who fails to comply with this subsection forfeits the Family Empowerment Scholarship.

(11)(10) OBLIGATIONS OF ELIGIBLE NONPROFITSCHOLARSHIP-FUNDING SCHOLARSHIP FUNDING ORGANIZATIONS.—An eligible nonprofit scholarship-funding organization:

The fingerprints for the background screening must be electronically submitted to the Department of Law Enforcement and maycan be taken by an authorized law enforcement agency or by an employee of the eligible nonprofit scholarship-funding organization or a private company who is trained to take fingerprints.

(e) May not restrict or reserve scholarships for use at a particular private school.school or provide scholarships to a child of an owner or operator.

The Auditor General shall review all audit reports submitted pursuant to this paragraph.

The Auditor General shall request any significant items that were omitted in violation of a rule adopted by the Auditor General.

The items must be provided within 45 days after the date of the request.

If the scholarship-funding organization does not comply with the Auditor General’s request, the Auditor General shall notify the Legislative Auditing Committee.

1002.395(6)(j)1., use an amount not to exceed 2.5 1 percent of the total amount of all scholarships awarded under this section for administrative expenses associated with performing functions under this section,section. if the organization has operated as an eligible nonprofit scholarship-funding organization for at least the preceding 3 fiscal years and did not have any findings of material weakness or material noncompliance in its most recent audit performed pursuant to paragraph (f).

(12)(11) SCHOLARSHIP FUNDING AND PAYMENT.—ForPAYMENT.— the(a) The purposesscholarship ofis thisestablished subsection,for theup term “student FTE” refers to how18,000 participating students areannually calculatedbeginning forin the purposes2019-2020 ofschool theyear. scholarship program allocation, which is equal to four quarterly scholarship payments.

(a) TheBeginning scholarshipin isthe established2020-2021 forschool upyear, tothe 175,000maximum 18,000number of student FTE for students participating in the scholarship program under this section shall annually beginningincrease inby 1.0 percent of the 2021-2022state’s 2019-2020total public school year.student FTE student enrollment.

A student who received a Florida Tax Credit Scholarship or a Hope Scholarship in the 2020-2021 school year and who meets the eligibility requirements in subsection (3) forin the 2021-2022 school year is eligible for a Family Empowerment Scholarship in the 2021-2022 school year.

BeginningThe inscholarship themay 2022-2023not 2020-2021be schoolincluded year,in and each year thereafter, the maximum number of student FTE studentsauthorized participatingto participate in the scholarship program under this sectionparagraph. shall annually increase by 1.0 percent of the state’s total public school student enrollment.

(c) As(c) A an alternative, a student who is eligible for a Family Empowerment Scholarship is eligible for a transportation award limited to $750$750, annually necessary to meet the student’s educational needs under this section, if the student enrollsis enrolled in a Florida public school that is outsidedifferent from the school districtto in which the student resideswas orassigned ispursuant enrolledto in a lab school as defined in s.

1002.32.1002.31 or is enrolled in a lab school as defined in s.

These1002.32 students do not count against the 175,000 student FTE cap established in paragraph (a) The amount of the Family Empowerment Scholarship shall be the calculated amount or the amount of the private school’s tuition and fees, whichever is less.

(d) At the time of each Florida Education Finance Program student membership survey, the scholarship-funding organization shall report to the departmentDepartment studentof enrollment,Education student enrollment, FTE, and total award amounts by county, delineated by the FEFP program, and grade for The school district shall report all students who are participating in attending a private school under this program.

The students attending private schools on Family Empowerment Scholarships shall be reported separately from other students reported forFor the purposes of this paragraph, an FTE shall be equal to four quarterly scholarship payments the Florida Education Finance Program.

(e) Upon(e) Following Following notification from the organization on July 1, September 1, December 1, and or February 1 that an application has been approved for the program of the number of program participants, the department shall verifytransfer, thatfrom general revenue funds only, the studentamount iscalculated notpursuant prohibitedto fromparagraph receiving(b) to a separate account for the scholarship pursuantprogram for quarterly disbursement to subsectionparents (5).of participating students.

The organization must provide the department with the documentation necessary to verify the student’s participation transfer, from general revenue funds only, the amount calculated pursuant to paragraph (b) to a separate account for the scholarship program for quarterly disbursement to parents of participating students.

(f) Upon verification,notification from the organization that an application has been approved for the program, the department shall release the student’s scholarship funds to the organization, to be deposited into the student’s account notification by the department that it has received the documentation required under paragraph (e), the Chief Financial Officer shall make scholarship payments in four equal amounts no later than September 1, November 1, February 1, and April 1 of each school year in which the scholarship is in force.

(13) OBLIGATIONS OF THE AUDITOR GENERAL.— (a) The(a) At least once every 3 years, the Auditor General shall reviewconduct allan operational audit reportsof submittedaccounts pursuantand torecords subsectionof (11).each organization that participates in the program.

TheAs part of this audit, the Auditor General shall requestverify, anyat significanta itemsminimum, thatthe weretotal omittednumber inof violationstudents ofserved aand rulethe adoptedeligibility of reimbursements made by the Auditororganization General.and transmit that information to the department.

The organizationAuditor General shall provide suchthe itemscommissioner with a copy of each annual operational audit performed pursuant to this subsection within 4510 days after the dateaudit ofis thefinalized. request.

If(b) The theAuditor organizationGeneral doesshall notnotify comply with the Auditordepartment General’sof request,any theorganization Auditorthat Generalfails shallto notifycomply thewith Legislativea Auditingrequest Committee.for information.

(b) At least once every 3 years, the Auditor General shall conduct an operational audit of accounts and records of each organization that participates in the program.

As part of this audit, the Auditor General, at a minimum, must verify the total number of students served and the eligibility of reimbursements made by the organization and transmit that information to the department.

The Auditor General must provide the commissioner with a copy of each annual operational audit performed pursuant to this subsection within 10 days after the audit is finalized.

(c) The Auditor General shall notify the department of any organization that fails to comply with a request for information.

1. A single surety bond or letter of credit to secure the faithful performance of the obligations of the eligible nonprofit scholarship-funding organization in accordance with this chaptersection equal to the amount of undisbursed fundsdonations held by the organization based on the annual report submitted pursuant to paragraph (11)(f).(11)(r).

(c) In consultation with the Department of Revenue and the Chief Financial Officer, the Office of Independent Education and Parental Choice shall review the application.

(g) A nonprofit scholarship-funding organization is a renewing organization if it was approved by the State Board of Education for the 2021-2022 fiscal year or after and maintains continuous approval and participation in the program.

The rules must include a process for compiling input and recommendations from the Chief Financial OfficerOfficer, the Department of Revenue, and the Department of Education.

(15) COMMISSIONER(15)(12) LIABILITY.—No OFliability EDUCATIONshall AUTHORITYarise ANDon OBLIGATIONS.—the (a) Thepart Commissionerof the state based on the award or use of Education:a Family Empowerment Scholarship.

1. May(16)(13) SCOPE suspendOF orAUTHORITY.—The revokeinclusion programof participationeligible orprivate useschools ofand programprivate fundsproviders bywithin the studentoptions oravailable participationto orFlorida eligibilitypublic ofschool anstudents organization,does eligiblenot postsecondaryexpand educationalthe institution,regulatory approvedauthority provider,of the state, its officers, or otherany partyschool fordistrict ato violationimpose any additional regulation of private schools beyond those reasonably necessary to enforce requirements expressly set forth in this section.

2. May(17)(14) RULES.—The determineState theBoard lengthof of,Education andshall conditionsadopt forrules lifting,pursuant ato suspensionss. or revocation specified in this subsection.

3. May recover unexpended program funds or withhold payment of an equal amount of program funds to recover program funds that were not authorized for use.

4. Shall deny or terminate program participation upon a parent’s forfeiture of a Family Empowerment Scholarship pursuant to subsection (10).

(b) In determining whether to suspend or revoke participation or lift a suspension or revocation in accordance with this subsection, the commissioner may consider factors that include, but are not limited to, acts or omissions that led to a previous suspension or revocation of participation in a state or federal program or an education scholarship program;

failure to reimburse the organization for funds improperly received or retained;

failure to reimburse government funds improperly received or retained;

imposition of a prior criminal sanction related to the person or entity or its officers or employees;

imposition of a civil fine or administrative fine, license revocation or suspension, or program eligibility suspension, termination, or revocation related to a person’s or entity’s management or operation;

or other types of criminal proceedings in which the person or entity or its officers or employees were found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense involving fraud, deceit, dishonesty, or moral turpitude.

(16)(12) LIABILITY.—No liability shall arise on the part of the state based on the award or use of a Family Empowerment Scholarship.

(17)(13) SCOPE OF AUTHORITY.—The inclusion of eligible private schools and private providers within the options available to Florida public school students does not expand the regulatory authority of the state, its officers, or any school district to impose any additional regulation of private schools beyond those reasonably necessary to enforce requirements expressly set forth in this section.

(18)(14) RULES.—The State Board of Education shall adopt rules pursuant to ss.

29992923 This subsection shall expire June 30, 2020.

1002.395 Florida K-12 Education Funding Tax Credit Scholarship Program.— (1) FINDINGS AND PURPOSE.— (a) The Legislature finds that:

1. Enable taxpayers to designate portions of certain tax payments as make private, voluntary contributions forto K-12 education funding to nonprofit scholarship-funding organizations in order to promote the general welfare.

3.5. Improve5. Improve the quality of education in this state, both by expanding educational opportunities for children and by creating incentives for schools to achieve excellence.

(c)(e) “Eligible contribution” means the taxes, or a portion thereof, remitted by the taxpayer to the department or the division which the taxpayer elects to designate for K-12 education funding a monetary contribution from a taxpayer, subject to the restrictions provided in this section, to an eligible nonprofit scholarship-funding organization.

Once made, such election is irrevocable.

31203043 Priority must be given to a student whose household income level does not exceed 185 percent of the federal poverty level or who is in foster care or out-of-home care.

212.1832, s.

For elections related to taxes imposed under chapter 220200 or chapter 624, the taxpayer shall make the election when making the estimated payment.

212.1832,220.1875, each25 eligiblepercent contribution is limited to a single designation of $105 per motor vehicle made at the timefinal oftax purchaseliability ofshown aon motor vehicle or a single designation of $105 per motor vehicle made at the timetaxpayer’s registrationFlorida ofCorporate aIncome motorTax vehicleReturn thatfor was not purchased from a dealer, except that a contribution may not exceed the stateprior taxtaxable imposedyear. under chapter 212 which would otherwise be collected from the purchaser by a dealer, designated agent, or private tag agent.

220.1875, 25 percent of the final tax liability shown on the taxpayer’s Florida Corporate Income/Franchise Tax Return for the taxable year immediately preceding the most recent completed taxable year.

This limitation applies to each estimated payment made.

However, a taxpayer may not designate an eligible contribution on more than 4 estimated payments in any taxable year.

5. For elections under s.

6. For5. For elections under s.

This limitation applies to each installment payment made.

However, a taxpayer may not designate an eligible contribution on more than 3 installment payments in any taxable year.

561.1211,561.1211 or against taxes due for the specified taxable year for credits under s.

220.1875,220.1875 or s.

624.51055 is not fully used because of insufficient tax liability on the part of the taxpayer, the unused amount shall be carried forward for a period not to exceed 10 years.

(d) Subsequent(d) A taxpayer may not convey, assign, or transfer an approved tax credit or a carryforward tax credit to another entity unless all of the limitationsassets of the taxpayer are conveyed, assigned, or transferred in s.the same transaction.

215.26(2),However, the unused amount of a tax credit,credit orunder anys. portion thereof, which is carried forward as provided in paragraph (c) may be refunded to the taxpayer upon written request, or as otherwise directed by the department.

Refunded amounts are no longer designations for K-12 funding A taxpayer may not convey, assign, or transfer an approved tax credit or a carryforward tax credit to another entity unless all of the assets of the taxpayer are conveyed, assigned, or transferred in the same transaction.

The department may offset incoming contributions designated for K-12 education with requests for refunds.

Funds from the Florida K-12 Education Tax Credit Program Trust Fund may be used to pay refunds However, a tax credit under s.

(e) For(e) Within electionsany madestate betweenfiscal Julyyear, 1,a 2021,taxpayer andmay Decemberrescind 31,all 2021,or forpart of a tax creditscredit approved under ss.paragraph (b).

211.0251, 212.1831, 220.1875, and 624.51055, an eligible contribution must be remitted by electronically submitting a separate designation or contribution payment to the department.

The department shall provide the taxpayer with a receipt for the contribution.

This paragraph expires July 1, 2022 Within any state fiscal year, a taxpayer may rescind all or part of a tax credit approved under paragraph (b).

36143506 Information and documentation provided to the Department of Education and the Auditor General relating to the identity of a taxpayer that provides an eligible contribution under this section shall remain confidential at all times in accordance with s.

36853577 If a private school fails to meet the requirements of this subsection or s.

(4)(13) DEPOSITS OF ELIGIBLE CONTRIBUTIONS.—All eligible contributions received by the department orand the division ormust transferred by an eligible nonprofit scholarship-funding organization shall be deposited into thea Floridadesignated K-12student Educationfund Taxand Creditused Programfor TrustK-12 Fundeducation asfunding created in a manner consistent with s.

1010.88 in a manner consistent with s.

By August 1, 2021, an eligible nonprofit scholarship-funding organization must transfer any funds, including eligible contributions, which were received pursuant to the former Florida Tax Credit Scholarship Program or the former Hope Scholarship Program to the department for deposit into the Florida K-12 Education Tax Credit Program Trust Fund.

(5) RULES.— (a) The department shall adopt rules necessary to administer this section and ss.

211.0251, 212.1831, 220.1875, and 624.51055.

(b) The division may adopt rules necessary to administer this section and s.

561.1211.

Section 21. Section 1002.40, Florida Statutes, is repealed.amended to read:

1002.40 The Hope Scholarship Florida K-12 Education Funding Tax Credit Program.— (1) PURPOSE.—The Hope Scholarship Program is established to provide the parent of a public school student who was subjected to an incident listed in subsection (3) an opportunity to transfer the student to another public school or to request a scholarship for the student to enroll in and attend an eligible private school.

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

(a) “Dealer” has the same meaning as provided in s.

212.06.

(b) “Department” means the Department of Education.

(c) “Designated agent” has the same meaning as provided in s.

212.06(10).

(c)(d) “Eligible contribution” or “contribution” means the amount of tax paid by a monetary contribution from a person purchasing a motor vehicle, subject to the restrictions provided in this section, and designated by the purchaser to be used for K-12 education funding an eligible nonprofit scholarship-funding organization.

The person making the contribution may not designate a specific student as the beneficiary of the contribution.

(e) “Eligible nonprofit scholarship-funding organization” or “organization” has the same meaning as provided in s.

1002.395(2)(f).

(f) “Eligible private school” has the same meaning as provided in s.

1002.395(2)(g).

(d)(g) “Motor vehicle” has the same meaning as provided in s.

320.01(1)(a), but does not include a heavy truck, truck tractor, trailer, or motorcycle.

(h) “Parent” means a resident of this state who is a parent, as defined in s.

1000.21, and whose student reported an incident in accordance with subsection (6).

(i) “Program” means the Hope Scholarship Program.

(j) “School” means any educational program or activity conducted by a public K-12 educational institution, any school related or school-sponsored program or activity, and riding on a school bus, as defined in s.

1006.25(1), including waiting at a school bus stop.

(k) “Unweighted FTE funding amount” means the statewide average total funds per unweighted full-time equivalent funding amount that is incorporated by reference in the General Appropriations Act, or by a subsequent special appropriations act, for the applicable state fiscal year.

(3) PROGRAM ELIGIBILITY.—Beginning with the 2018-2019 school year, contingent upon available funds, and on a first come, first-served basis, a student enrolled in a Florida public school in kindergarten through grade 12 is eligible for a scholarship under this program if the student reported an incident in accordance with subsection (6).

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

harassment;

hazing;

bullying;

kidnapping;

physical attack;

robbery;

sexual offenses, harassment, assault, or battery;

threat or intimidation;

or fighting at school, as defined by the department in accordance with s.

1006.09(6).

(4) PROGRAM PROHIBITIONS.—Payment of a scholarship to a student enrolled in a private school may not be made if a student is:

(a) Enrolled in a public school, including, but not limited to, the Florida School for the Deaf and the Blind;

the College Preparatory Boarding Academy;

a developmental research school authorized under s.

1002.32;

or a charter school authorized under s.

1002.33, s.

1002.331, or s.

1002.332;

(b) Enrolled in a school operating for the purpose of providing educational services to youth in the Department of Juvenile Justice commitment programs;

(c) Participating in a virtual school, correspondence school, or distance learning program that receives state funding pursuant to the student’s participation unless the participation is limited to no more than two courses per school year;

or (d) Receiving any other educational scholarship pursuant to this chapter.

(5) TERM OF HOPE SCHOLARSHIP.—For purposes of continuity of educational choice, a Hope scholarship shall remain in force until the student returns to public school or graduates from high school, whichever occurs first.

A scholarship student who enrolls in a public school or public school program is considered to have returned to a public school for the purpose of determining the end of the scholarship’s term.

(6) SCHOOL DISTRICT OBLIGATIONS;

PARENTAL OPTIONS.— (a) Upon receipt of a report of an incident, the school principal, or his or her designee, shall provide a copy of the report to the parent and investigate the incident to determine if the incident must be reported as required by s.

1006.09(6).

Within 24 hours after receipt of the report, the principal or his or her designee shall provide a copy of the report to the parent of the alleged offender and to the superintendent.

Upon conclusion of the investigation or within 15 days after the incident was reported, whichever occurs first, the school district shall notify the parent of the program and offer the parent an opportunity to enroll his or her student in another public school that has capacity or to request and receive a scholarship to attend an eligible private school, subject to available funding.

A parent who chooses to enroll his or her student in a public school located outside the district in which the student resides pursuant to s.

1002.31 shall be eligible for a scholarship to transport the student as provided in paragraph (11)(b).

(b) For each student participating in the program in an eligible private school who chooses to participate in the statewide assessments under s.

1008.22 or the Florida Alternate Assessment, the school district in which the student resides must notify the student and his or her parent about the locations and times to take all statewide assessments.

(7) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible private school may be sectarian or nonsectarian and shall:

(a) Comply with all requirements for private schools participating in state school choice scholarship programs pursuant to this section and s.

1002.421.

(b)1. Annually administer or make provision for students participating in the program in grades 3 through 10 to take one of the nationally norm-referenced tests identified by the department or the statewide assessments pursuant to s.

1008.22.

Students with disabilities for whom standardized testing is not appropriate are exempt from this requirement.

A participating private school shall report a student’s scores to his or her parent.

2. Administer the statewide assessments pursuant to s.

1008.22 if a private school chooses to offer the statewide assessments.

A participating private school may choose to offer and administer the statewide assessments to all students who attend the private school in grades 3 through 10 and must submit a request in writing to the department by March 1 of each year in order to administer the statewide assessments in the subsequent school year.

4065 If a private school fails to meet the requirements of this subsection or s.

1002.421, the commissioner may determine that the private school is ineligible to participate in the program.

(8) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department shall:

(a) Cross-check the list of participating scholarship students with the public school enrollment lists to avoid duplication.

(b) Maintain a list of nationally norm-referenced tests identified for purposes of satisfying the testing requirement in paragraph (9)(f).

The tests must meet industry standards of quality in accordance with State Board of Education rule.

(c) Require quarterly reports by an eligible nonprofit scholarship-funding organization regarding the number of students participating in the program, the private schools in which the students are enrolled, and other information deemed necessary by the department.

(d) Contract with an independent entity to provide an annual evaluation of the program by:

1. Reviewing the school bullying prevention education program, climate, and code of student conduct of each public school from which 10 or more students transferred to another public school or private school using the Hope scholarship to determine areas in the school or school district procedures involving reporting, investigating, and communicating a parent’s and student’s rights that are in need of improvement.

At a minimum, the review must include:

a. An assessment of the investigation time and quality of the response of the school and the school district.

b. An assessment of the effectiveness of communication procedures with the students involved in an incident, the students’ parents, and the school and school district personnel.

c. An analysis of school incident and discipline data.

d. The challenges and obstacles relating to implementing recommendations from the review.

2. Reviewing the school bullying prevention education program, climate, and code of student conduct of each public school to which a student transferred if the student was from a school identified in subparagraph 1.

in order to identify best practices and make recommendations to a public school at which the incidents occurred.

3. Reviewing the performance of participating students enrolled in a private school in which at least 51 percent of the total enrolled students in the prior school year participated in the program and in which there are at least 10 participating students who have scores for tests administered.

4. Surveying the parents of participating students to determine academic, safety, and school climate satisfaction and to identify any challenges to or obstacles in addressing the incident or relating to the use of the scholarship.

(9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM PARTICIPATION.—A parent who applies for a Hope scholarship is exercising his or her parental option to place his or her student in an eligible private school.

(a) The parent must select an eligible private school and apply for the admission of his or her student.

(b) The parent must inform the student’s school district when the parent withdraws his or her student to attend an eligible private school.

(c) Any student participating in the program must remain in attendance throughout the school year unless excused by the school for illness or other good cause.

(d) Each parent and each student has an obligation to the private school to comply with such school’s published policies.

(e) Upon reasonable notice to the department and the school district, the parent may remove the student from the private school and place the student in a public school in accordance with this section.

(f) The parent must ensure that the student participating in the program takes the norm-referenced assessment offered by the private school.

The parent may also choose to have the student participate in the statewide assessments pursuant to s.

1008.22.

If the parent requests that the student take the statewide assessments pursuant to s.

1008.22 and the private school has not chosen to offer and administer the statewide assessments, the parent is responsible for transporting the student to the assessment site designated by the school district.

(g) Upon receipt of a scholarship warrant, the parent to whom the warrant is made must restrictively endorse the warrant to the private school for deposit into the account of such school.

If payment is made by funds transfer in accordance with paragraph (11)(d), the parent must approve each payment before the scholarship funds may be deposited.

The parent may not designate any entity or individual associated with the participating private school as the parent’s attorney in fact to endorse a scholarship warrant or approve a funds transfer.

A parent who fails to comply with this paragraph forfeits the scholarship.

(10) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING ORGANIZATIONS.—An eligible nonprofit scholarship-funding organization may establish scholarships for eligible students by:

(a) Receiving applications and determining student eligibility in accordance with the requirements of this section.

(b) Notifying parents of their receipt of a scholarship on a first-come, first-served basis, based upon available funds.

(c) Establishing a date by which the parent of a participating student must confirm continuing participation in the program.

(d) Awarding scholarship funds to eligible students, giving priority to renewing students from the previous year.

(e) Preparing and submitting quarterly reports to the department pursuant to paragraph (8)(c).

In addition, an eligible nonprofit scholarship-funding organization must submit in a timely manner any information requested by the department relating to the program.

(f) Notifying the department of any violation of this section.

(11) FUNDING AND PAYMENT.— (a) For students initially eligible in the 2019-2020 school year or thereafter, the calculated amount for a student to attend an eligible private school shall be based upon the grade level and school district in which the student was assigned as 95 percent of the funds per unweighted full-time equivalent in the Florida Education Finance Program for a student in the basic program established pursuant to s.

1011.62(1)(c)1., plus a per full-time equivalent share of funds for all categorical programs, except for the Exceptional Student Education Guaranteed Allocation.

(b) The maximum amount awarded to a student enrolled in a public school located outside of the district in which the student resides shall be $750.

(c) When a student enters the program, the eligible nonprofit scholarship-funding organization must receive all documentation required for the student’s participation, including a copy of the report of the incident received pursuant to subsection (6) and the private school’s and student’s fee schedules.

The initial payment shall be made after verification of admission acceptance, and subsequent payments shall be made upon verification of continued enrollment and attendance at the private school.