HB 1565 — Educational Choice

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hb1565-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1565 2025 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.

Specialized services by approved providers or by a Pagehospital 3in ofthis 23state CODING:which are selected by the parent.

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hb1565-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1565 2025 hospital in this state which are selected by the parent.

Tuition and fees associated with full-time or part-time enrollment in a home education instructional program;

a home education instructional program as defined in s.

1002.395(2);

a customized instructional program as defined in s.

1002.395(2);

an eligible postsecondary educational institution or a program offered by the postsecondary educationalPage institution,2 unlessof the14 programCODING: is subject to s.

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hb1565-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1565 2025 educational institution, unless the program is subject to s.

Page1002.45(2)(a); 4 of 23 CODING:

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hb1565-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1565 2025 1002.45(2)(a);

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hb1565-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1565 2025 8.

Page1012.56(5), 5or ofa 23person CODING:certified by a nationally or internationally recognized research-based training program as approved by the department.

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hb1565-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1565 2025 1012.56(5), or a person certified by a nationally or internationally recognized research-based training program as approved by the department.

Tuition and fees associated with programs offered by VoluntaryPage Prekindergarten4 Educationof Program14 providersCODING: approved pursuant to s.

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hb1565-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1565 2025 Voluntary Prekindergarten Education Program providers approved pursuant to s.

Fees for services provided by a therapist who is Pagecertified 6by ofthe 23Certification CODING:Board for Music Therapists or credentialed by the Art Therapy Credentials Board, Inc.

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wordsParagraphs underlined(c) through (i) and (j) through (p) of subsection (2) of section 1002.395, Florida Statutes, are additions.redesignated as paragraphs (d) through (j) and (l) through (r), respectively, paragraphs (b), (c), (d), and (i) of subsection (6) and paragraphs (a) and (b) of subsection (9) are amended, and new paragraphs (c) and (k) are added to subsection (2) of that section, to read:

hb1565-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1565 2025 certified by the Certification Board for Music Therapists or credentialed by the Art Therapy Credentials Board, Inc.

(7) SCHOOL DISTRICT OBLIGATIONS.— (b)1.

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 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 school district shall 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 shall 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 shall is authorized to use the 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 shall must provide the student's Page 7 of 23 CODING:

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hb1565-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1565 2025 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.

Section 3.

Present paragraphs (j) through (p) of subsection (2) of section 1002.395, Florida Statutes, are redesignated as paragraphs (k) through (q), respectively, a new paragraph (j) is added to that subsection, paragraphs (c) and (d) are added to subsection (10), and subsection (4), paragraphs (b), (c), (d), (e), and (i) of subsection (6), paragraph (a) of subsection (7), and paragraph (d) of subsection (11) that section are amended, to read:

(j)(c) "Home"Customized education instructional program" means a businessprogram entitythat registered with the Division of Corporations of the Department of State which offers classes and activitiescourses atin aan nonresidentialinstructor-directed location for parents to supplement and enhance their child's home education program.program that:

(4)1. SCHOLARSHIP PROHIBITIONS.—A student is not eligible Page 8 of 23 CODING:

Students participate in more than 3 days each week.

2.

Parents may participate in, including collaborating with instructors responsible for customizing the instructional Page 5 of 14 CODING:

hb1565-00hb1565-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1565 2025 forprogram. a scholarship while he or she is:

(a)3. Enrolled full time in a public school, including, but not limited to, the Florida School for the Deaf and the Blind, the College-Preparatory Boarding Academy, the Florida School for Competitive Academics, the Florida Virtual School, the Florida Scholars Academy, a developmental research school authorized under s.

1002.32,Have orpublicly available and reviewable program descriptions of its classes and courses, including costs, in a charterformat schoolthat authorizedis undereasy thisto chapter.read and understand.

For(k) purposes"Home ofeducation thisinstructional paragraph,program" means a 3-program orthat 4-year-oldoffers childinstruction whoand receivesactivities servicesthat fundedaugment throughand enhance the Floridainstruction Educationprovided Financeby Programa isparent consideredand ahas studentpublicly enrolledavailable fulland timereviewable program descriptions of its instruction and activities, including costs, in a publicformat school;that is easy to read and understand.

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

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

However, an eligible public school student receiving a scholarship under s.

1002.411 may receive a scholarship for transportation pursuant to subparagraph (6)(d)4.;

(d) Not having regular and direct contact with his or her private school teachers pursuant to s.

1002.421(1)(i) unless he or she is enrolled in a personalized education program;

(e) Participating in a home education program as defined in s.

1002.01(1);

(f) Participating in a private tutoring program pursuant Page 9 of 23 CODING:

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hb1565-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1565 2025 to s.

1002.43 unless he or she is enrolled in a personalized education program;

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

1002.455 that receives state funding pursuant to the student's participation;

or (h) Exhibiting a pattern of nonattendance.

This prohibition only applies if the student is enrolled in a personalized education program under paragraph (7)(b).

All owners and operators as defined in subparagraph (2)(l)1.(2)(m)1.

However, the complete set of fingerprints of an owner or operator may not be taken by the ownerPage or6 operator.of 14 CODING:

The results of the state and national criminal history check shall be provided to the Department of Page 10 of 23 CODING:

hb1565-00hb1565-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1565 2025 Educationowner foror screeningoperator. under chapter 435.

The results of the state and national criminal history check shall be provided to the Department of Education for screening under chapter 435.

Fingerprints submitted to the Department of Law Enforcement as required by this paragraph must be retained by the Department of Law Enforcement in a manner approved by rule andPage entered7 inof the14 statewideCODING: automated biometric identification system authorized by s.

943.05(2)(b).

The fingerprints must Page 11 of 23 CODING:

hb1565-00hb1565-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1565 2025 thereafter be available for all purposes and uses authorized for arrest fingerprints entered in the statewide automated biometric identification system pursuantauthorized toby s.

943.05(2)(b).

The fingerprints must thereafter be available for all purposes and uses authorized for arrest fingerprints entered in the statewide automated biometric identification system pursuant to s.

A nonprofit scholarship-funding organization whose owner or operator fails the level 2 background screening is not eligiblePage to8 provideof scholarships14 underCODING: this section.

6.

A nonprofit scholarship-funding organization whose Page 12 of 23 CODING:

hb1565-00hb1565-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1565 2025 owner or operator in the last 7 years has filed for personal bankruptcy or corporate bankruptcy in a corporation of which he or she owned more than 20 percent shall not be eligible to provide scholarships under this section.

6.

A nonprofit scholarship-funding organization whose owner or operator in the last 7 years has filed for personal bankruptcy or corporate bankruptcy in a corporation of which he or she owned more than 20 percent shall not be eligible to provide scholarships under this section.

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Section 817.505, relating to patient brokering.

i.

Section 817.568, relating to criminal use of personal Page 13 of 23 CODING:

hb1565-00hb1565-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1565 2025 identificationh. information.

Section 817.505, relating to patient brokering.

i.

Section 817.568, relating to criminal use of personal identification information.

(c) Must not have an owner or operator, as defined in subparagraph (2)(l)1.(2)(m)1.

For the 2023-2024 school year, may fund no more than 20,000 scholarships for students who are enrolled pursuant to paragraphPage (7)(b).10 of 14 CODING:

The number of scholarships funded for such students may increase by 40,000 in each subsequent school year.

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hb1565-00hb1565-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1565 2025 Thisparagraph subparagraph(7)(b). is repealed July 1, 2027.

The number of scholarships funded for such students may increase by 40,000 in each subsequent school year.

This subparagraph is repealed July 1, 2027.

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Tuition and fees for full-time or part-time enrollment in an eligible private school.

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hb1565-00hb1565-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1565 2025 b.a.

InstructionalTuition materials,and includingfees digitalfor materials,full-time digitalor devices,part-time peripheralenrollment devicesin neededan toeligible accessprivate materials,school. and Internet resources.

b.

Instructional materials, including digital materials, digital devices, and Internet resources.

Tuition and fees associated with full-time or part-time enrollment in a home education instructional programprogram; that meets the following requirements:

(I) Is a programcustomized selectedinstructional byprogram; parents as a part of their student's parent-directed instruction.

Programsan doeligible notpostsecondary includeeducational privateinstitution schools,or virtuala schools,program andoffered publicby orthe charterpostsecondary schools.educational institution, unless the program is subject to s.

(II) Provides courses and activities that enhance or enrich the student's home education program or personalized education program.

(III) Has publicly available and reviewable program descriptions of courses and activities.

(IV) Has a published tuition and fee schedule.

(V) Makes tuition and fees payable to the registered business entity, not to an individual.;

e.

An eligible postsecondary educational institution or a program offered by the postsecondary educational institution, unless the program is subject to s.

a private tutoring program Pageauthorized 16under ofs. 23 CODING:

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hb1565-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1565 2025 authorized under s.

1002.43 or an eligible national tutoring organization;

f.e.e.

g.f.f.

Contracted services provided by a public school or schoolPage district,12 includingof classes.14 CODING:

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hb1565-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1565 2025 school district, including classes.

h.g.g.

1012.56(5), or a person certified by a nationally or Pageinternationally 17recognized ofresearch-based 23training CODING:program as approved by the Department of Education.

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hb1565-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1565 2025 internationally recognized research-based training program as approved by the Department of Education or an eligible national tutoring organization.

(e)(i) ForMay studentsnot determinedrestrict or reserve scholarships for use at a particular eligible pursuantprivate school or provide scholarships to paragrapha (7)(b),child shallof must:an owner or operator as defined in subparagraph (2)(m)1.

1.

Establish a process for parents who are in compliance with subparagraph (7)(b)1.

to apply for a new scholarship.

New scholarship applications for the 2025-2026 school year and thereafter must provide for an application timeline beginning February 1 of the prior school year and ending April 30 of the prior school year.

The process must require that parents confirm that the scholarship is being accepted or declined by May 31.

2.

Establish a process for parents who are in compliance with paragraph (7)(b) to renew their students' scholarships.

Renewal scholarship applications for the 2025-2026 school year and thereafter must provide for a renewal timeline beginning February 1 of the prior school year and ending June April 30 of the prior school year, unless scholarships are still available.

The process must require that parents confirm that the scholarship is being renewed or declined by May 31.

3.

Maintain a signed agreement from the parent which constitutes compliance with the attendance requirements under ss.

1003.01(16) and 1003.21(1).

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hb1565-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1565 2025 4.

Receive eligible student test scores and, beginning with the 2027-2028 school year, by August 15, annually report test scores for students pursuant to paragraph (7)(b) to a state university pursuant to paragraph (9)(f).

5.

Provide parents with information, guidance, and support to create and annually update a student learning plan for their student.

The organization must maintain the plan and allow parents to electronically submit, access, and revise the plan continuously.

6.

Upon submission by the parent of an annual student learning plan, fund a scholarship for a student determined eligible.

(i) May not restrict or reserve scholarships for use at a particular eligible private school or provide scholarships to a child of an owner or operator as defined in subparagraph (2)(l)1.

Information and documentation provided to the Department of EducationPage and13 the Auditor General relating to the identity of a14 taxpayerCODING: that provides an eligible contribution under this section shall remain confidential at all times in accordance with s.

213.053.

(7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM PARTICIPATION.— (a) A parent who applies for a scholarship whose student Page 19 of 23 CODING:

hb1565-00hb1565-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 1565 2025 willEducation beand enrolledthe fullAuditor timeGeneral inrelating to the identity of a taxpayer that provides an eligible privatecontribution schoolunder must:this section shall remain confidential at all times in accordance with s.

1.213.053.

Select(9) anDEPARTMENT eligibleOF privateEDUCATION schoolOBLIGATIONS.—The andDepartment apply for the admission of hisEducation orshall: her child.

2.(a) Annually submit to the department and division, by March 15, a list of eligible nonprofit scholarship-funding organizations that meet the requirements of paragraph (2)(h) (2)(g).

Request(b) theAnnually scholarshipverify by the dateeligibility establishedof bynonprofit thescholarship-funding organizationorganizations in a manner that createsmeet a written or electronic record of the requestrequirements and the date of receiptparagraph of(2)(h) the(2)(g). request.

3.a.Section 3.

Beginning with new applications for the 2025-2026 school year and thereafter, notify the organization by a date set by the organization that the scholarship is being accepted or declined.

b.

Beginning with renewal applications for the 2025-2026 school year and thereafter, notify the organization by May 31 that the scholarship is being renewed or declined.

4.

Inform the applicable school district when the parent withdraws his or her student from a public school to attend an eligible private school.

5.

Require his or her student participating in the program to remain in attendance at the eligible private school throughout the school year unless excused by the school for illness or other good cause and comply with the private school's published policies.

6.

Meet with the eligible 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 enrollment.

The parent Page 20 of 23 CODING:

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hb1565-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1565 2025 is responsible for customizing the home education instructional program for his or her student.

7.

Require his or her student participating in the program to take the norm-referenced assessment offered by the participating 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 participating in the program take statewide assessments pursuant to s.

1008.22 and the participating 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.

8.

Approve each payment before the scholarship funds may be deposited by funds transfer.

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

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

9.

Authorize the nonprofit scholarship-funding organization to access information needed for income eligibility determination and verification held by other state or federal agencies, including the Department of Revenue, the Department of Children and Families, the Department of Education, the Department of Commerce, and the Agency for Health Care Administration, for students seeking priority eligibility.

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hb1565-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1565 2025 10.

Agree to have the organization commit scholarship funds on behalf of his or her student for tuition and fees for which the parent is responsible for payment at the participating private school before using scholarship account funds for additional authorized uses under paragraph (6)(d).

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

11.

Comply with the scholarship application and renewal processes and requirements established by the organization.

An eligible nonprofit scholarship-funding organization may not further regulate, exercise control over, or require documentation beyond the requirements of this subsection unless the regulation, control, or documentation is necessary for participation in the program.

(10) SCHOOL DISTRICT OBLIGATIONS;

PARENTAL OPTIONS.— (c) Upon the enrollment of a student in a personalized education program, the school district shall continue to record the student's volunteer service hours for the Florida Bright Futures Scholarship Program.

(d) To fulfill the obligation of offering contracted services and classes by a public school or district under subsection (6), each school district shall contract with the relevant eligible nonprofit scholarship-funding organizations to become a registered provider.

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hb1565-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1565 2025 (11) SCHOLARSHIP AMOUNT AND PAYMENT.— (d) Payment of the scholarship shall be made by the eligible nonprofit scholarship-funding organization no less frequently than on a quarterly basis, as follows:

August 1, November 1, February 1, and April 1 of each school year in which the scholarship is in force.

Section 4.

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