SB 202 — Education

providing that certain scholarships awarded through the program remain in force until certain criteria are met;

requiring the closureclosing of a scholarship account and the reversion Pageof 2funds ofto 98the CODING:state under certain circumstances;

Wordsproviding strickenobligations areof deletions;choice navigators beginning on a specified date;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 202 576-02635-23 2023202c2 of funds to the state under certain circumstances;

requiring the Office of Independent Education and Parental Choice to provide a specified number of application periods for specified purposes;

deleting obsolete language;

amending s.Page 2 of 75 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for SB 202 602-02378-23 2023202c1 s.

revising the eligibilityCommissioner criteriaof Education’s authority and obligations ofrelating privateto schoolsthe participatingstate inschool certainchoice educational scholarship programs;program;

revising the criteria for the Commissioner of Education to permanently deny or revoke the authority of certain individuals to establish or operate a private school in this state;

authorizing the commissioner to include specified individuals on a specified disqualification list;

authorizing that such individuals be removed from such list if they provide specified reimbursements;

making technical changes;

conforming cross-references;

authorizing public schools, including charter schools, to enroll certain students on a part-timepart- time basis;

providing that such students generate full-time equivalent student membership;

prohibiting certain students from being reported for funding;

1003.01, F.S.;

conforming provisions and cross- references to changes made by the act;

requiring the State Board of Education to develop and recommend to the Governor and the Legislature for adoption during Page 3 of 98 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 202 576-02635-23 2023202c2 the 2024 legislative session repeals and revisions to the Florida Early Learning-20 Education Code by a specified date;

providing requirements for the state board relating to such recommendations;

amending s.

1001.10, F.S.;

requiring the Commissioner of Education to develop an online portal for specified purpose;

providing requirements for such portal;

amending s.

1002.20, F.S.;

conforming a cross-reference;

amending s.

1003.25, F.S.;

revising the timeframe in which student records must be transferred;

amending s.

requiring the State Board of Education to provide recommendations by a specified date to the Governor and the Legislature for repeals and revisions of the Florida Early Learning-20 Education Code to be considered in the 2024 legislative session;

authorizingdeleting a districtrequirement schoolfor boardthe superintendent to useshare othertransportation vehiclesrecommendations towith transportthe students;State Board of Education;

deleting a requirement for transportation provisions to comply with board rules;

authorizing vehicles other than buses to transport students;

deleting a requirement to transport students whose homes are more than a reasonable walking distance, as defined by board rules;

deleting a requirement that district school boards use school buses for all regular transportation;

deleting provisions relating to circumstances in which students may be transported in privately owned motor vehicles;

deleting a requirement for district school boards to use school buses for all regular transportation;

deleting provisions relating to circumstances in which Page 3 of 75 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for SB 202 602-02378-23 2023202c1 students may be transported in privately owned motor vehicles;

conformingdeleting arequirements cross-for reference;school buses and certain leased vehicles to comply with board rules;

1006.261, F.S.;

deleting types of agreements a district school board may enter into with certain governing bodies relating to transportation;

amending s.

1011.71,1011.62, F.S.;

authorizingproviding thatrequirements afor specifiedhow districtadditional schoolfunding boardappropriated levyfor bethe usedTeacher toSalary payIncrease salariesAllocation andmay benefitsbe forused; specified employees;

1012.22, F.S.;

authorizing district school boards to use advanced degrees in setting salary schedules for instructional personnel or school administrators;

deleting a requirement for the annual increase of personnel salaries;

amending s.

exemptingrevising specifiedthe individualsacceptable frommeans certainof demonstrating mastery of general knowledgeknowledge; requirements;

revising the acceptable means of demonstrating mastery of subject Pagearea 4knowledge; of 98 CODING:

Wordsrevising strickenacceptable aremeans deletions;of demonstrating mastery of professional preparation and education competence;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 202 576-02635-23 2023202c2 area knowledge and mastery of professional preparation and education competence, respectively;

revising thehow validitylong perioda fortemporary certaincertificate temporaryis certificates;valid;

1002.321, 1003.5716, 1003.499,1002.20, 1003.27,1003.01, 1003.485, and 1009.30,1003.499, F.S.;

conforming cross-references and provisions to changes made by the act;Page 4 of 75 CODING:

providing effective dates.

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

Section 1.

Paragraph (l) of subsection (2) of section 11.45, Florida Statutes, is amended to read:

11.45 Definitions;

duties;

authorities;

reports;

rules.— (2) DUTIES.—The Auditor General shall:

(l) At least once every 3 years, conduct operational audits of the accounts and records of eligible nonprofit scholarship- funding organizations receiving eligible contributions under s.

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

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

1002.395(6)(l) s.

1002.395(6)(j).

The Auditor General shall provide its report on the results of the audits to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Chief Page 5 of 98 CODING:

Florida Senate - 2023 CS for CS for SB 202 576-02635-23602-02378-23 2023202c22023202c1 Financialact; Officer, and the Legislative Auditing Committee, within 30 days of completion of the audit.

Theproviding Auditoran Generaleffective shalldate. perform his or her duties independently but under the general policies established by the Legislative Auditing Committee.

ThisBe subsectionIt doesEnacted notby limit the AuditorLegislature General’sof discretionarythe authorityState to conduct other audits or engagements of governmentalFlorida: entities as authorized in subsection (3).

Section 2.1.

Paragraph (c) of subsection (1) and paragraph (c) of subsection (7) of section 212.099, Florida Statutes, areis amended to read:

(7)Section (c)2. The organization may, subject to the limitations of s.

1002.395(6)(l)1.Present paragraphs (b), (c), (d) and (e) through (m) of subsection (2) of section 1002.394, Florida Statutes, are redesignated as paragraphs (c), (d), (e), and (g) through (o), respectively, present subsection (17) is redesignated as subsection (18), new paragraphs (b) and (f) are added to subsection (2), paragraph (c) is added to subsection (8), and a new subsection (17) is added to that section, and present paragraphs (e) and (g) of subsection (2), paragraph (a) of subsection (3), paragraph (a) of subsection (4), paragraph (a) of subsection (5), paragraphs (d), (e), and (f) of subsection (6), paragraphs (a) and (b) of subsection (10), subsection (11), and paragraphs (a) and (b) of subsection (12) are amended, to read:

s.

1002.395(6)(j)1., use eligible contributions received during the state fiscal year in which such contributions are collected for administrative expenses.

Section 3.

Paragraph (c) of subsection (1) of section 327.371, Florida Statutes, is amended to read:

327.371 Human-powered vessels regulated.— (1) A person may operate a human-powered vessel within the boundaries of the marked channel of the Florida Intracoastal Waterway as defined in s.

327.02:

Page 6 of 98 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 202 576-02635-23 2023202c2 (c) When participating in practices or competitions for interscholastic, intercollegiate, intramural, or club rowing teams affiliated with an educational institution identified in s.

1000.21, s.

1002.01(3) s.

1002.01(2), s.

1003.01(2), s.

1005.02(4), or s.

1005.03(1)(d), if the adjacent area outside of the marked channel is not suitable for such practice or competition.

The teams must use their best efforts to make use of the adjacent area outside of the marked channel.

The commission must be notified in writing of the details of any such competition, and the notification must include, but need not be limited to, the date, time, and location of the competition.

Section 4.

Section 1002.01, Florida Statutes, is amended to read:

1002.01 Definitions.— (1) A “home education program” means the sequentially progressive instruction of a student directed by his or her parent in order to satisfy the attendance requirements of ss.

1002.41, 1003.01(13), and 1003.21(1).

(2) A “personalized education program” means the sequentially progressive instruction of a student directed by his or her parent to satisfy the attendance requirements of ss.

1003.01(13) and 1003.21(1) while registered with an eligible nonprofit scholarship-funding organization pursuant to s.

1002.395.

A personalized education student shall be provided the same flexibility and opportunities as provided in s.

1002.41(3)- (12).

(3)(2) A “private school” is a nonpublic school defined as an individual, association, copartnership, or corporation, or Page 7 of 98 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 202 576-02635-23 2023202c2 department, division, or section of such organizations, that designates itself as an educational center that includes kindergarten or a higher grade or as an elementary, secondary, business, technical, or trade school below college level or any organization that provides instructional services that meet the intent of s.

1003.01(13) or that gives preemployment or supplementary training in technology or in fields of trade or industry or that offers academic, literary, or career training below college level, or any combination of the above, including an institution that performs the functions of the above schools through correspondence or extension, except those licensed under the provisions of chapter 1005.

A private school may be a parochial, religious, denominational, for-profit, or nonprofit school.

This definition does not include home education programs conducted in accordance with s.

1002.41.

Section 5.

Present paragraphs (b) through (m) of subsection (2) of section 1002.394, Florida Statutes, are redesignated as paragraphs (c) through (n), respectively, a new paragraph (b) is added to subsection (2), paragraph (c) is added to subsection (8), and paragraph (d) is added to subsection (9) of that section, and present paragraphs (e), (f), and (g) of subsection (2), paragraph (a) of subsection (3), subsection (4), paragraph (a) of subsection (5), paragraph (f) of subsection (6), paragraphs (b), (d), (f), and (g) of subsection (7), paragraph (a) of subsection (8), paragraphs (a) and (b) of subsection (10), paragraph (a) of subsection (11), and subsection (12) are amended, to read:

(b) “Choice navigator” means an individual who assists parents with the selection of, application for, and enrollment Page 85 of 9875 CODING:

Florida Senate - 2023 CS for CS for SB 202 576-02635-23602-02378-23 2023202c22023202c1 (b)in “Choiceeducational navigator”options hasthat address the sameacademic meaningneeds asof intheir s.student.

1002.395(2).(f) “Eligible contribution” means a monetary contribution from a taxpayer, subject to the restrictions provided in s.

(f)(e)1002.395, “Eligibleto an eligible nonprofit scholarship-funding organization”organization orpursuant “organization”to hasss. the same meaning as provided in s.

212.099, 212.1832, 1002.395, and 1002.40.

The taxpayer making the contribution may not designate a specific child as the beneficiary of the contribution.

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

(g)(f)(i)(g) “Eligible postsecondaryprivate educationalschool” institution”has meansthe asame Floridameaning Collegeas Systemprovided institution;in s.

a state university;

a school district technical center;

a school district adult general education center;

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

Boyd, IV, Effective Access to Student Education Grant Program under s.

1009.89;

or an accredited independent postsecondary educational institution, as defined in s.

1005.02, which is licensed to operate in this state under part III of chapter 1005 or is approved to participate in a reciprocity agreement as defined in s.

1000.35(2).

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

(k)(i) “Inactive” means that no eligible expenditures have been made from an account funded pursuant to paragraph (12)(b).

A parent of a student may request and receive from the state a scholarship for the purposes specified in paragraphparagraph(4)(a) (4)(a) if the student is a resident of this state and is eligible to enroll in kindergarten through grade 12 in a public school in this state.:state:

The student is currently placed, or during the previous state fiscal year was placed, in foster care or in out-of-home Pagecare 9as ofdefined 98in CODING:s.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 202 576-02635-23 2023202c2 care as defined in s.

The student’s household income level does not exceed 375 percent of the federal poverty level or an adjusted maximum percentPage of6 the federal poverty level that is increased by 25 percentage points in the fiscal year following any fiscal year in which more than 5 percent of the75 availableCODING: scholarships authorized under paragraph (12)(a) have not been funded;

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for SB 202 602-02378-23 2023202c1 percent of the federal poverty level that is increased by 25 percentage points in the fiscal year following any fiscal year in which more than 5 percent of the available scholarships authorized under paragraph (12)(a) have not been funded;

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

to a.

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.

b.

A student whose household income level exceeds 185 percent of the federal poverty level, but does not exceed 400 percent of the federal poverty level.

Page3. 10 of 98 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 202 576-02635-23 2023202c2 3.

Tuition and fees associated with full-time or part-time enrollment in a home education program, an eligible private school, an eligible postsecondary educational institution or a program offered by the postsecondary educational institution, unlessa thePage program7 isof subject75 toCODING: s.

1009.25Words orstricken reimbursedare pursuantdeletions; to s.

1009.30;words underlined are additions.

anFlorida approvedSenate preapprenticeship- program2023 asCS definedfor inSB 202 602-02378-23 2023202c1 private tutoring program authorized under s.

446.021(5)1002.43, whicha isvirtual notprogram subjectoffered toby a department-approved private online provider that meets the provider qualifications specified in s.

1009.251002.45(2)(a), andthe compliesFlorida withVirtual allSchool applicableas requirementsa ofprivate thepaying departmentstudent, or an approved online course offered pursuant to chapters. 1005;

a private tutoring program authorized under s.

1002.43;

a virtual program offered by a department-approved private online provider that meets the provider qualifications specified in s.

1002.45(2)(a);

the Florida Virtual School as a private paying student;

or an approved online course offered pursuant to s.

A student who receives contracted services under this subparagraph is not considered enrolled in a public school for eligibility purposes as specified in subsection (6)(6). but rather attending a public school on a part-time basis as authorized under s.

1002.44.

Tuition and fees for part-time tutoring services orprovided feesby fora servicesperson providedwho byholds a choicevalid navigator.Florida educator’s certificate pursuant to s.

Such services must Page 11 of 98 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 202 576-02635-23 2023202c2 be provided by a person who holds a valid Florida educator’s certificate pursuant to s.

As used in this subparagraph,paragraph, the term “part-time tutoring services” does not qualify as regular school attendance as defined in s.

(b)Page Program8 fundsof awarded75 toCODING: a student with a disability determined eligible pursuant to paragraph (3)(b) may be used for the following purposes:

1.

Instructional materials, including digital devices, digital periphery devices, and assistive technology devices that allow a student to access instruction or instructional content and training on the use of and maintenance agreements for these devices.

2.

Curriculum as defined in subsection (2).

3.

Specialized services by approved providers or by a hospital in this state which are selected by the parent.

These specialized services may include, but are not limited to:

a.

Applied behavior analysis services as provided in ss.

627.6686 and 641.31098.

b.

Services provided by speech-language pathologists as defined in s.

468.1125(8).

Page 12 of 98 CODING:

Florida Senate - 2023 CS for CS for SB 202 576-02635-23602-02378-23 2023202c22023202c1 c.(5) TERM OF SCHOLARSHIP.—For purposes of continuity of educational choice:

Occupational therapy as defined in s.

468.203.

d.

Services provided by physical therapists as defined in s.

486.021(8).

e.

Services provided by listening and spoken language specialists and an appropriate acoustical environment for a child who has a hearing impairment, including deafness, and who has received an implant or assistive hearing device.

4.

Tuition and or fees associated with full-time or part- time enrollment in a home education program;, an eligible private school;, an eligible postsecondary educational institution or a program offered by the postsecondary educational institution, unless the program is subject to s.

1009.25 or reimbursed pursuant to s.

1009.30;

an approved preapprenticeship program as defined in s.

446.021(5) which is not subject to s.

1009.25 and complies with all applicable requirements of the department pursuant to chapter 1005;

a private tutoring program authorized under s.

1002.43;, a virtual program offered by a department-approved private online provider that meets the provider qualifications specified in s.

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

1003.499 or s.

1004.0961.

5.

Fees for nationally standardized, norm-referenced achievement tests, Advanced Placement Examinations, industry certification examinations, assessments related to postsecondary education, or other assessments.

6.

Contributions to the Stanley G.

Tate Florida Prepaid College Program pursuant to s.

1009.98 or the Florida College Savings Program pursuant to s.

1009.981 for the benefit of the Page 13 of 98 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 202 576-02635-23 2023202c2 eligible student.

7.

Contracted services provided by a public school or school district, including classes.

A student who receives services under a contract under this paragraph is not considered enrolled in a public school for eligibility purposes as specified in subsection (6) but rather attending a public school on a part-time basis as authorized under s.

1002.44.

8.

Tuition and fees for part-time tutoring services or fees for services provided by a choice navigator.

Such services must be provided by a person who holds a valid Florida educator’s certificate pursuant to s.

1012.56, a person who holds an adjunct teaching certificate pursuant to s.

1012.57, a person who has a bachelor’s degree or a graduate degree in the subject area in which instruction is given, a person who has demonstrated a mastery of subject area knowledge pursuant to s.

1012.56(5), or a person certified by a nationally or internationally recognized research-based training program as approved by the department.

As used in this subparagraph paragraph, the term “part-time tutoring services” does not qualify as regular school attendance as defined in s.

1003.01(13)(e).

9.

Fees for specialized summer education programs.

10.

Fees for specialized after-school education programs.

11.

Transition services provided by job coaches.

12.

Fees for an annual evaluation of educational progress by a state-certified teacher under s.

1002.41(1)(f), if this option is chosen for a home education student.

13.

Tuition and fees associated with programs offered by Voluntary Prekindergarten Education Program providers approved Page 14 of 98 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 202 576-02635-23 2023202c2 pursuant to s.

1002.55 and school readiness providers approved pursuant to s.

1002.88.

14.

Fees for services provided at a center that is a member of the Professional Association of Therapeutic Horsemanship International.

15.

Fees for services provided by a therapist who is certified by the Certification Board for Music Therapists or credentialed by the Art Therapy Credentials Board, Inc.

(5) TERM OF SCHOLARSHIP.—For purposes of continuity of educational choice:

(I) Denial or revocation of program eligibility by the commissioner for fraud or abuse, including, but not limited to, Pagethe 15student or student’s parent accepting any payment, refund, or rebate, in any manner, from a provider of 98any CODING:services received pursuant to paragraph (4)(a);

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 202 576-02635-23 2023202c2 the student or student’s parent accepting any payment, refund, or rebate, in any manner, from a provider of any services received pursuant to paragraph (4)(a);

Reimbursements for program expenditures may continue until the account balance is expended or remaining funds have reverted to the state student returns to a public school, graduatesPage from9 high school, or reaches the age of 21,75 whicheverCODING: occurs first.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for SB 202 602-02378-23 2023202c1 graduates from high school, or reaches the age of 21, whichever occurs first.

(f)(d) ParticipatingNot inhaving virtualregular instructionand direct contact with his or her private school teachers pursuant to s.

1002.421(1)(i), unless he or she is eligible pursuant to paragraph (3)(b) and enrolled in the private school’s transition-to-work program pursuant to subsection (16) or a home education program pursuant to s.

1002.41;

(e) Participating in a private tutoring program pursuant to s.

1002.43 unless he or she is enrolled in a home education program pursuant to s.

1002.41 or determined eligible pursuant to paragraph (3)(b);

or (f) Participating in virtual instruction pursuant to s.

(7)(8) SCHOOLDEPARTMENT DISTRICTOF EDUCATION OBLIGATIONS.— (b)1.(c) The department shall notify each school district of the official information relating to the number of full-time equivalent students in the Family Empowerment Scholarship Program which is developed pursuant to s.

The parent of a student with a disability who does not have an IEP in accordance with subparagraph (3)(b)4.

or who seeks a reevaluation of an existing IEP may request an IEP meeting and evaluation from the school district in order to obtain or revise a matrix of services.

The school district shall notify a parent who has made a request for an IEP that the district is required to complete the IEP and matrix of services Page 16 of 98 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 202 576-02635-23 2023202c2 within 30 days after receiving notice of the parent’s request.

The school district shall conduct a meeting and develop an IEP and a matrix of services within 30 days after receipt of the parent’s request in accordance with State Board of Education rules.

The district must accept the diagnosis and consider the service plan of the licensed professional providing the diagnosis pursuant to subparagraph (3)(b)4.

The school district must complete a matrix that assigns the student to one of the levels of service as they existed before the 2000-2001 school year.

For a nonpublic school student without an IEP, the school district is authorized to use evaluation reports and plans of care developed by the licensed professionals under subparagraph (4)(b)3.

to complete the matrix of services.

2.a.

The school district must provide the student’s parent and the department with the student’s matrix level within 10 calendar days after its completion.

b.

The department shall notify the parent and the organization of the amount of the funds awarded within 10 days after receiving the school district’s notification of the student’s matrix level.

c.

A school district may change a matrix of services only if the change is a result of an IEP reevaluation or to correct a technical, typographical, or calculation error.

(d) The school district in which a participating student resides must notify the student and his or her parent about the locations and times to take all statewide assessments under s.

1008.22 if the student chooses to participate in such assessments.

Upon the request of the department, a school district shall coordinate with the department to provide to a Page 17 of 98 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 202 576-02635-23 2023202c2 participating private school the statewide assessments administered under s.

1008.22 and any related materials for administering the assessments.

For a student who participates in the Family Empowerment Scholarship Program whose parent requests that the student take the statewide assessments under s.

1008.22, the district in which the student attends a private school shall provide locations and times to take all statewide assessments.

A school district is responsible for implementing test administrations at a participating private school, including the:

1.

Provision of training for private school staff on test security and assessment administration procedures;

2.

Distribution of testing materials to a private school;

3.

Retrieval of testing materials from a private school;

4.

Provision of the required format for a private school to submit information to the district for test administration and enrollment purposes;

and 5.

Provision of any required assistance, monitoring, or investigation at a private school.

(f) A school district shall report all students who are receiving a scholarship under this program.

Students receiving a scholarship shall be reported separately from other students reported for purposes of the Florida Education Finance Program.

(g) A school district shall be held harmless for students who are receiving a scholarship under this program from the weighted enrollment ceiling for group 2 programs in s.

1011.62(1)(d)3.b.

during the first school year in which the students are reported.

(8) DEPARTMENT OF EDUCATION OBLIGATIONS.— Page 18 of 98 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 202 576-02635-23 2023202c2 (a) The department shall:

1.

Publish and update, as necessary, information on the department website about the Family Empowerment Scholarship Program, including, but not limited to, student eligibility criteria, parental responsibilities, and relevant data.

2.

Report, as part of the determination of full-time equivalent membership pursuant to s.

1011.62(1)(a), all students who are receiving a scholarship under the program and are funded through the Florida Education Finance Program, and cross-check the list of participating scholarship students with the public school enrollment lists to avoid duplication.

3.

Maintain and annually publish a list of nationally norm- referenced tests identified for purposes of satisfying the testing requirement in subparagraph (9)(c)1.

The tests must meet industry standards of quality in accordance with state board rule.

4.

Notify eligible nonprofit scholarship-funding organizations of the deadlines for submitting the verified list of students determined to be eligible for a scholarship.

An eligible nonprofit scholarship-funding organization may not submit a student for funding after February 1.

5.

Notify each school district of a parent’s participation in the scholarship program for purposes of paragraph (7)(f).

5.6.

Deny or terminate program participation upon a parent’s failure to comply with subsection (10).

6.7.

Notify the parent and the organization when a scholarship account is closed and program funds revert to the state.

7.8.

Notify an eligible nonprofit scholarship-funding Page 19 of 98 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 202 576-02635-23 2023202c2 organization of any of the organization’s or other organization’s identified students who are receiving scholarships under this chapter.

8.9.

Maintain on its website a list of approved providers as required by s.

1002.66, eligible postsecondary educational institutions, eligible private schools, and eligible organizations and may identify or provide links to lists of other approved providers.

9.10.

Require each organization to verify eligible expenditures before the distribution of funds for any expenditures made pursuant to subparagraphs (4)(b)1.

and 2.

Review of expenditures made for services specified in subparagraphs (4)(b)3.-15.

may be completed after the purchase is made.

10.11.

Investigate any written complaint of a violation of this section by a parent, a student, a private school, a public school, a school district, an organization, a provider, or another appropriate party in accordance with the process established under s.

1002.421.

11.12.

Require quarterly reports by an organization, which must include, at a minimum, the number of students participating in the program;

the demographics of program participants;

the disability category of program participants;

the matrix level of services, if known;

the program award amount per student;

the total expenditures for the purposes specified in paragraph (4)(b);

the types of providers of services to students;

and any other information deemed necessary by the department.

12.13.

Notify eligible nonprofit scholarship-funding organizations that scholarships may not be awarded in a school Page 20 of 98 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 202 576-02635-23 2023202c2 district in which the award will exceed 99 percent of the school district’s share of state funding through the Florida Education Finance Program as calculated by the department.

13.14.

Adjust payments to eligible nonprofit scholarship- funding organizations and, when the Florida Education Finance Program is recalculated, adjust the amount of state funds allocated to school districts through the Florida Education Finance Program based upon the results of the cross-check completed pursuant to subparagraph 2.

(c) The department shall notify each school district of the full-time equivalent student consensus estimate of students participating in the program developed pursuant to s.

(9)(10) PRIVATEPARENT SCHOOL ELIGIBILITY AND OBLIGATIONS.—ToSTUDENT beRESPONSIBILITIES eligibleFOR toPROGRAM participatePage in10 theof Family75 EmpowermentCODING: Scholarship Program, a private school may be sectarian or nonsectarian and must:

(d) For a student determined eligible pursuant to paragraph (3)(b), discuss the school’s academic programs and policies, specialized services, code of conduct, and attendance policies before enrollment with the parent to determine which programs and services may meet the student’s individual needs.

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 scholarship program.

(10) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM PARTICIPATION.— Page 21 of 98 CODING:

Florida Senate - 2023 CS for CS for SB 202 576-02635-23602-02378-23 2023202c22023202c1 (a)PARTICIPATION.— A(a)1. parent who applies for program participation under paragraph (3)(a) whose student will be enrolled full time is exercising his or her parental option to place his or her child in a private school and must:

1.A parent who applies for program participation under paragraph (3)(a) whose student will be enrolled full time is exercising his or her parental option to place his or her child in a private school and must:

a.1.

2.b.2.

3.c.3.

4.d.4.

5.e.5.

Meet with the private school’s principal or the principal’s designee to review the school’s academic programs and policies, specialized services customized educational programs, code of student conduct, and attendance policies before prior to enrollment.

6.f.6.

Page 2211 of 9875 CODING:

Florida Senate - 2023 CS for CS for SB 202 576-02635-23602-02378-23 2023202c22023202c1 7.g.7.

Approve each payment before the scholarship funds may be deposited by funds transfer Restrictively endorse the warrant, issued in the name of the parent pursuant to subparagraph (12)(a)4.(12)(a)5.

A participant who fails to comply with this paragraph forfeits the endorse a scholarship warrant.

8.2.

AgreeA toparent havewho theapplies organizationfor commitprogram scholarshipparticipation fundsunder onparagraph behalf(3)(a) ofwhose his or her student forwill tuitionbe andenrolled feesin fora whichhome theeducation parentprogram iswith responsible for payment at the private school beforedistrict usingin empowermentwhich accountthe fundsstudent forresides additionalmust: authorized uses under paragraph (4)(a).

Aa. parent is responsible for all eligible expenses in excess of the amount of the scholarship.

(b)Apply Ato parentan whoeligible appliesnonprofit forscholarship-funding programorganization participation under paragraph (3)(b) is exercising his or her parental option to determineparticipate in the appropriateprogram placementby ora thedate servicesset thatby best meet the needsorganization. of his or her child and must:

The request must be communicated directly to the organization in a manner that creates a written or electronic record of the request and the date of receipt of the request.

b.

Sign an agreement with the organization and annually submit a sworn compliance statement to the organization to satisfy or maintain program eligibility, including eligibility to receive and spend program payments, by:

(I) Affirming that the parent has established and maintains a home education program in accordance with s.

1002.41.

(II) Affirming that the program funds are used only for authorized purposes serving the student’s educational needs, as described in paragraph (4)(a), and that the parent will not receive a payment, refund, or rebate of any funds provided under this section.

Page 12 of 75 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for SB 202 602-02378-23 2023202c1 (III) Affirming that the parent is responsible for all eligible expenses in excess of the amount of the scholarship and for the education of his or her student.

c.

Require the student to take a nationally norm-referenced test identified by the department, or a statewide assessment under s.

1008.22, and provide educational records and assessment results to a choice navigator before the student’s program renewal.

d.

Meet with a choice navigator at least annually before the student’s program renewal to:

(I) Discuss the academic needs and progress of the student based on educational records submitted by the parent and annual assessment results.

(II) Select educational options based on the academic needs of the student.

e.

Affirm that the student remains in good standing with the provider or school if those options are selected by the parent.

f.

Renew participation in the program each year.

A student whose participation in the program is not renewed may continue to spend scholarship funds that are in his or her account from prior years unless the account must be closed pursuant to subparagraph (5)(a)2.

g.

Procure the services necessary to educate the student.

When the student receives a scholarship, the district school board is not obligated to provide the student with a free appropriate public education.

(b) A parent who applies for program participation under paragraph (3)(b) is exercising his or her parental option to Page 13 of 75 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for SB 202 602-02378-23 2023202c1 determine the appropriate placement or the services that best meet the needs of his or her child and must:

Affirming that the student is enrolled in a program that Pagemeets 23regular ofschool 98attendance CODING:requirements as provided in s.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 202 576-02635-23 2023202c2 meets regular school attendance requirements as provided in s.

or (III)Page Requiring14 the child to take any preassessments and postassessments selected by the provider if the child is 4 years of age75 andCODING: is enrolled in a program provided by an eligible Voluntary Prekindergarten Education Program provider.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for SB 202 602-02378-23 2023202c1 (III) Requiring the child to take any preassessments and postassessments selected by the provider if the child is 4 years of age and is enrolled in a program provided by an eligible Voluntary Prekindergarten Education Program provider.

Pagee. 24 of 98 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 202 576-02635-23 2023202c2 e.

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 defined in paragraph (2)(e) paragraph (2)(d) other than high-riskPage status.15 of 75 CODING:

g.

Procuring the services necessary to educate the student.

If such services include enrollment in an eligible private school, the parent must meet with the private school’s principal or the principal’s designee to review the school’s academic programs and policies, specialized services, code of student conduct, and attendance policies before his or her student is enrolled If a parent does not procure the necessary educational services for the student and the student’s account has been inactive for 2 consecutive fiscal years, the student is ineligible for additional scholarship payments until the scholarship-funding organization verifies that expenditures from Page 25 of 98 CODING:

Florida Senate - 2023 CS for CS for SB 202 576-02635-23602-02378-23 2023202c22023202c1 thehigh-risk accountstatus. have occurred.

g.

Procuring the services necessary to educate the student.

If a parent does not procure the necessary educational services for the student and the student’s account has been inactive for 2 consecutive fiscal years, the student is ineligible for additional scholarship payments until the scholarship-funding organization verifies that expenditures from the account have occurred.

3.Page 16 of 75 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for SB 202 602-02378-23 2023202c1 3.

Page5. 26 of 98 CODING:

WordsMay strickenpermit areeligible deletions;students to use program funds for the purposes listed in paragraph (4)(a) by paying for the authorized use directly, then submitting a reimbursement request to the eligible nonprofit scholarship-funding organization.

wordsHowever, underlinedan areeligible additions.nonprofit scholarship-funding organization may elect not to provide reimbursements and only allow direct purchases using program funds.

Florida Senate - 2023 CS for CS for SB 202 576-02635-23 2023202c2 5.

May permit eligible students to use program funds for the purposes specified in paragraph (4)(a) by paying for the authorized use directly, then submitting a reimbursement request to the eligible nonprofit scholarship-funding organization.

However, an eligible nonprofit scholarship-funding organization may require the use of an online platform for direct purchases of products so long as such use does not limit a parent’s choice of curriculum or academic programs.

If a parent purchases a product identical to one offered by an organization’s online platform for a lower price, the organization shall reimburse the parent the cost of the product.

1002.395(6)(l)1.

s.

An eligible nonprofit scholarship-funding organization that has, for the prior fiscal year, complied with the expenditure requirements of s.

1002.395(6)(l)2., may use an amount not to exceed 3 percent.