December 02, 2020
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Senate Bill 2882

Senate Bill sb2882e1

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    CS for CS for SB 2882                          First Engrossed



  1                      A bill to be entitled

  2         An act relating to scholarship programs;

  3         amending s. 1002.39, F.S., relating to the John

  4         M. McKay Scholarships for Students with

  5         Disabilities Program; revising the definition

  6         of an eligible student; revising the

  7         eligibility requirements of the program to

  8         extend the term of the scholarship; prohibiting

  9         certain students from receiving a scholarship;

10         revising the parental notification

11         requirements; authorizing certain scholarship

12         students to participate in a distance learning

13         or correspondence course under certain

14         circumstances; providing a definition of timely

15         parental notification; providing requirements

16         for district school boards with respect to

17         completing and making changes to the matrix of

18         services for scholarship students; requiring

19         school districts to provide parental

20         notification related to reassessments; revising

21         requirements that a participating private

22         school demonstrate fiscal soundness; requiring

23         a surety bond; providing an exception;

24         requiring annual registration of private

25         schools; providing requirements for

26         documentation and notice; providing additional

27         requirements for participating private schools;

28         requiring annual sworn and notarized compliance

29         statements to be filed with the department;

30         requiring specific documentation for

31         participating scholarship students; requiring


                                  1

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    CS for CS for SB 2882                          First Engrossed



 1         that the private school maintain a physical

 2         location in this state; requiring that

 3         information be made available to potential

 4         scholarship students and the department;

 5         requiring scholarship students to participate

 6         in assessments; requiring notification to

 7         parents regarding student skill levels;

 8         requiring notification to the department

 9         regarding changes in information; requiring

10         notification to local health departments;

11         requiring certain individuals to undergo level

12         2 background screening requirements pursuant to

13         s. 435.04, F.S.; providing for the Department

14         of Law Enforcement to retain and search

15         fingerprint records; providing for an annual

16         fee as provided by rule of the Department of

17         Law Enforcement; requiring that costs of

18         background checks be borne by certain parties;

19         prohibiting a private school from acting as an

20         attorney in fact for the parent of a

21         scholarship student or endorsing scholarship

22         warrants on behalf of a parent; prohibiting

23         participating private schools from sending or

24         directing scholarship funds to parents of a

25         scholarship student who receives instruction at

26         home; prohibiting a participating school from

27         being a correspondence or distance learning

28         school; prohibiting a participating school from

29         accepting students pending verification of

30         information; authorizing a participating

31         private school to request, and the department


                                  2

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    CS for CS for SB 2882                          First Engrossed



 1         to grant, closed-enrollment status for a

 2         school; prohibiting the parent of a scholarship

 3         student from designating a participating

 4         private school as the parent's attorney in fact

 5         to sign a scholarship warrant; clarifying that

 6         the school district must report to the

 7         department the students who are attending a

 8         private school under the program; establishing

 9         additional obligations of the Department of

10         Education; requiring the department to review,

11         approve, and verify information and review

12         background checks; requiring the department to

13         determine the eligibility of a private school

14         to participate in the program; requiring the

15         department to publish an on-line list of

16         current eligible private schools; requiring the

17         department to deny or refuse to allow the

18         participation of a private school for failing

19         to meet certain requirements; requiring the

20         department to issue a notice of noncompliance

21         for minor violations; providing for an

22         emergency order revoking the registration of a

23         private school for failing to satisfy the

24         requirements in the notice; requiring the

25         Department of Education to immediately revoke

26         the registration of a private school for

27         certain other violations; requiring the

28         department to revoke the scholarship for a

29         participant for failing to comply with

30         statutory requirements or for engaging in

31         specified practices; requiring the department


                                  3

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    CS for CS for SB 2882                          First Engrossed



 1         to conduct investigations of legally sufficient

 2         complaints of violations; authorizing the

 3         department to require supporting information or

 4         documentation; authorizing the Department of

 5         Education to change the matrix of services

 6         under certain circumstances; providing for

 7         audits by the Auditor General; providing

 8         requirements for the audits; requiring the

 9         State Board of Education to adopt rules;

10         specifying the required rules; requiring the

11         State Board of Education to initiate the

12         adoption of rules by a time certain and report

13         to the Legislature; providing exceptions for

14         certain participating private schools subject

15         to specific conditions; amending s. 220.187,

16         F.S., relating to the Corporate Tax Credit

17         Scholarship Program; providing definitions;

18         prohibiting certain private schools and other

19         entities from participating in the scholarship

20         program; prohibiting certain students from

21         participating in the scholarship program;

22         revising limitations on the allocation of

23         annual credits granted under the program;

24         providing limitations on eligible

25         contributions; requiring the Auditor General to

26         review certain audits, request certain

27         information, and report to the Legislative

28         Auditing Committee any findings of

29         noncompliance; authorizing the Legislative

30         Auditing Committee to conduct hearings and

31         compel the Department of Education to revoke


                                  4

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    CS for CS for SB 2882                          First Engrossed



 1         eligibility of certain nonprofit

 2         scholarship-funding organizations; providing

 3         for audit reports to be submitted to the

 4         Department of Education; requiring audits be

 5         conducted within 180 days after completion of

 6         the nonprofit scholarship-funding

 7         organization's fiscal year; requiring a

 8         nonprofit scholarship-funding organization to

 9         make scholarship payments at least on a

10         quarterly basis; prohibiting commingling of

11         certain scholarship funds; requiring a

12         nonprofit scholarship-funding organization to

13         maintain a separate account for scholarship

14         funds; requiring a nonprofit

15         scholarship-funding organization to verify

16         student attendance at a private school prior to

17         submission of scholarship funds; requiring a

18         nonprofit scholarship-funding organization to

19         verify income eligibility of qualified students

20         at least once a year in accordance with State

21         Board of Education rules; requiring a nonprofit

22         scholarship-funding organization to submit

23         certain reports to the Department of Education;

24         requiring certain individuals to undergo level

25         2 background screening requirements pursuant to

26         s. 435.04, F.S.; providing for the Department

27         of Law Enforcement to retain and search

28         fingerprint records; providing for an annual

29         fee as provided by rule of the Department of

30         Law Enforcement; requiring costs of background

31         checks be borne by certain parties; requiring a


                                  5

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    CS for CS for SB 2882                          First Engrossed



 1         nonprofit scholarship-funding organization

 2         comply with antidiscrimination provisions of 42

 3         U.S.C. s. 2000d; prohibiting an owner or a

 4         nonprofit scholarship-funding organization from

 5         owning, operating, or administering an eligible

 6         private school under the scholarship program;

 7         requiring a nonprofit scholarship-funding

 8         organization to report any private school not

 9         in compliance with scholarship program

10         requirements to the Department of Education;

11         prohibiting provision of scholarship funds to a

12         student to attend a private school not in

13         compliance; authorizing a parent to transfer

14         the scholarship; requiring award of

15         scholarships on a first-come, first-served

16         basis; prohibiting a nonprofit

17         scholarship-funding organization from targeting

18         certain students for scholarships; prohibiting

19         the award of scholarships to a child of an

20         owner of a nonprofit scholarship-funding

21         organization; prohibiting the transfer of an

22         eligible contribution between nonprofit

23         scholarship-funding organizations; prohibiting

24         a nonprofit scholarship-funding organization

25         from securing financing in anticipation of

26         eligible contributions; prohibiting a nonprofit

27         scholarship-funding organization from

28         participating in the program if the

29         organization fails to meet statutory

30         obligations; requiring students to meet certain

31         attendance policies; requiring parents to meet


                                  6

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    CS for CS for SB 2882                          First Engrossed



 1         certain parental involvement requirements

 2         unless excused; prohibiting a parent from

 3         authorizing a power of attorney for endorsement

 4         of scholarship warrant; requiring a parent to

 5         ensure that a scholarship student participates

 6         in testing requirements; prohibiting a student

 7         or parent of a student from participating in

 8         the scholarship program if the student or

 9         parent fails to meet statutory obligations;

10         revising provisions with respect to private

11         schools; revising requirements that a

12         participating private school demonstrate fiscal

13         soundness; requiring a surety bond; providing

14         an exception; requiring a private school to

15         employ or contract with teachers who have

16         regular and direct contact with students at the

17         school's physical location; requiring the

18         private schools to employ or contract with

19         teachers who have at least a baccalaureate

20         degree, 3 years of teaching experience at a

21         public or private school, or other skills that

22         qualify the teacher to provide appropriate

23         instruction; requiring a private school to

24         report to the Department of Education the

25         qualifications of teachers; requiring a private

26         school to annually register with the Department

27         of Education and provide certain information

28         concerning the private school organization,

29         student list, and notice of intent to

30         participate in the scholarship program;

31         requiring certain individuals to undergo level


                                  7

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    CS for CS for SB 2882                          First Engrossed



 1         2 background screening requirements pursuant to

 2         s. 435.04, F.S.; providing for the Department

 3         of Law Enforcement to retain and search

 4         fingerprint records; providing for an annual

 5         fee as provided by rule of the Department of

 6         Law Enforcement; requiring costs of background

 7         checks be borne by certain parties; requiring a

 8         private school to administer or to make

 9         provision for administering certain tests to

10         scholarship students; requiring reporting of

11         scores to the student's parent and to the

12         independent private research organization

13         selected by the Department of Education;

14         requiring a private school to file an

15         affidavit; requiring a private school to notify

16         the Department of Education in writing within 7

17         days if a student is ineligible to participate

18         in the scholarship program; requiring a private

19         school to report to the Department of Education

20         and distribute to scholarship applicants

21         information concerning accreditation and years

22         in existence; requiring the Department of

23         Education to make certain information

24         concerning private school accreditation

25         available to the public; prohibiting a private

26         school from participating in the scholarship

27         program if the private school fails to meet its

28         statutory obligations; requiring the Department

29         of Education to determine the eligibility of

30         certain nonprofit scholarship-funding

31         organizations within 90 days after application;


                                  8

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    CS for CS for SB 2882                          First Engrossed



 1         requiring a written notice with specific

 2         reasons for approval or denial; requiring the

 3         Department of Education to annually determine

 4         the eligibility of nonprofit

 5         scholarship-funding organizations and private

 6         schools; requiring the Department of Education

 7         to make accessible to the public a list of

 8         eligible private schools; requiring the

 9         Department of Education to annually verify the

10         eligibility of students; requiring the

11         Department of Education to maintain a student

12         database of program participants and to update

13         the database at least quarterly; requiring the

14         Department of Education to notify a nonprofit

15         scholarship-funding organization of any

16         ineligible student; requiring the Department of

17         Education to annually account for and verify

18         the eligibility of program expenditures;

19         requiring the Department of Education to review

20         audits; requiring the Department of Education

21         to select an independent private research

22         organization for reporting of student scores;

23         providing limitations on reporting; requiring

24         the Department of Education to revoke the

25         eligibility of program participants for failure

26         to comply with statutory obligations; requiring

27         the Department of Education to annually report

28         on accountability activities; requiring the

29         State Board of Education to adopt rules

30         regarding identification of documentation to

31         establish eligibility of nonprofit


                                  9

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    CS for CS for SB 2882                          First Engrossed



 1         scholarship-funding organizations, requiring an

 2         affidavit, and identification of independent

 3         income verification for determining the

 4         eligibility of students; authorizing the State

 5         Board of Education to delegate its authority to

 6         the Commissioner of Education with the

 7         exception of rulemaking authority; providing an

 8         effective date.

 9  

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

11  

12         Section 1.  Subsections (1), (2), (3), (4), and (5) and

13  paragraphs (d) and (e) of subsection (6) of section 1002.39,

14  Florida Statutes, are amended, present subsections (7) and (8)

15  of that section are redesignated as subsections (9) and (10),

16  respectively, and amended, and new subsections (7) and (8) are

17  added to that section, to read:

18         1002.39  The John M. McKay Scholarships for Students

19  with Disabilities Program.--There is established a program

20  that is separate and distinct from the Opportunity Scholarship

21  Program and is named the John M. McKay Scholarships for

22  Students with Disabilities Program, pursuant to this section.

23         (1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH

24  DISABILITIES PROGRAM.--The John M. McKay Scholarships for

25  Students with Disabilities Program is established to provide

26  the option to attend a public school other than the one to

27  which assigned, or to provide a scholarship to a private

28  school of choice, for students with disabilities for whom an

29  individual education plan has been written in accordance with

30  rules of the State Board of Education. Students with

31  disabilities include K-12 students who are documented as


                                  10

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    CS for CS for SB 2882                          First Engrossed



 1  having mental retardation, a mentally handicapped, speech or

 2  and language impairment, a impaired, deaf or hard of hearing

 3  impairment, including deafness, a visual impairment, including

 4  blindness, a, visually impaired, dual sensory impairment, a

 5  physical impairment, a serious emotional disturbance,

 6  including an emotional handicap, a impaired, physically

 7  impaired, emotionally handicapped, specific learning

 8  disability, including, but not limited to, dyslexia,

 9  dyscalculia, or developmental aphasia, a traumatic brain

10  injury disabled, hospitalized or homebound, or autism

11  autistic.

12         (2)  SCHOLARSHIP ELIGIBILITY; PROHIBITIONS.--

13         (a)  The parent of a public school student with a

14  disability who is dissatisfied with the student's progress may

15  request and receive from the state a John M. McKay Scholarship

16  for the child to enroll in and attend a private school in

17  accordance with this section if:

18         1.(a)  By assigned school attendance area or by special

19  assignment, the student has spent the prior school year in

20  attendance at a Florida public school. Prior school year in

21  attendance means that the student was enrolled and reported by

22  a school district for funding during the preceding October and

23  February Florida Education Finance Program surveys in

24  kindergarten through grade 12.

25         2.(b)  The parent has obtained acceptance for admission

26  of the student to a private school that is eligible for the

27  program under subsection (4) and has notified the Department

28  of Education school district of the request for a scholarship

29  at least 60 days prior to the date of the first scholarship

30  payment. The parental notification must be through a

31  communication directly to the district or through the


                                  11

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    CS for CS for SB 2882                          First Engrossed



 1  Department of Education to the district in a manner that

 2  creates a written or electronic record of the notification and

 3  the date of receipt of the notification. The Department of

 4  Education must notify the district of the parent's intent,

 5  upon receipt of the parent's notification.

 6  

 7  This section does not apply to a student who is enrolled in a

 8  school operating for the purpose of providing educational

 9  services to youth in Department of Juvenile Justice commitment

10  programs. For purposes of continuity of educational choice,

11  the scholarship shall remain in force until the student

12  returns to a public school or graduates from high school or

13  reaches the age of 22, whichever occurs first. However, at any

14  time, the student's parent may remove the student from the

15  private school and place the student in another private school

16  that is eligible for the program under subsection (4) or in a

17  public school as provided in subsection (3).

18         (b)  A student is not eligible to receive a scholarship

19  under this section if he or she:

20         1.  Receives a scholarship from an eligible scholarship

21  funding organization under s. 220.187.

22         2.  Receives an opportunity scholarship under s.

23  1002.38.

24         3.  Participates in a home education program as defined

25  in s. 1002.01(1).

26         4.  Receives instruction from a correspondence school

27  or participates in distance learning courses.

28         5.  Does not have regular and direct contact with his

29  or her private school teachers at the school's physical

30  location.

31  


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    CS for CS for SB 2882                          First Engrossed



 1         6.  Is enrolled in a school operating for the purpose

 2  of providing educational services to youth in commitment

 3  programs of the Department of Juvenile Justice.

 4  

 5  Notwithstanding the prohibition set forth in subparagraph 4.,

 6  a student who receives a John M. McKay Scholarship may

 7  participate in a distance learning course or a course offered

 8  by a correspondence school, the tuition and other costs of

 9  which are not paid by scholarship funds provided under this

10  section.

11         (3)  SCHOOL DISTRICT AND DEPARTMENT OF EDUCATION

12  OBLIGATIONS.--

13         (a)  The Department of Education A school district

14  shall timely notify the parent of each public school the

15  student of all options available pursuant to this section and

16  offer that student's parent an opportunity to enroll the

17  student in another public school within the district. The

18  parent is not required to accept this offer in lieu of

19  requesting a John M. McKay Scholarship to a private school.

20  However, if the parent chooses the public school option, the

21  student may continue attending a public school chosen by the

22  parent until the student graduates from high school. If the

23  parent chooses a public school consistent with the district

24  school board's choice plan under s. 1002.31, the school

25  district shall provide transportation to the public school

26  selected by the parent. The parent is responsible to provide

27  transportation to a public school chosen that is not

28  consistent with the district school board's choice plan under

29  s. 1002.31. For purposes of this paragraph, timely

30  notification means notification no later than April 1 of each

31  school year.


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    CS for CS for SB 2882                          First Engrossed



 1         (b)1.  For a student with disabilities who does not

 2  have a matrix of services under s. 1011.62(1)(e), the school

 3  district must complete a matrix that assigns the student to

 4  one of the levels of service as they existed prior to the

 5  2000-2001 school year.

 6         2.a.  The school district must complete the matrix of

 7  services for any student who is participating in the John M.

 8  McKay Scholarships for Students with Disabilities Program and

 9  must notify the Department of Education of the student's

10  matrix level within 30 days after receiving notification by

11  the Department of Education of the parent's student's parent

12  of intent to participate in the scholarship program. The

13  nature and intensity of the services indicated in the matrix

14  must be consistent with the services described in the

15  student's individual education plan.

16         b.  A school district may change a matrix of services

17  only if the change is to:

18         (I)  Correct a technical, typographical, or calculation

19  error; or

20         (II)  Align the matrix of services with the student's

21  individual education plan completed by the public school

22  district for use in the public school prior to the student

23  enrolling in or attending a private school.

24         3.  The Department of Education shall notify the

25  private school of the amount of the scholarship within 10 days

26  after receiving the school district's notification of the

27  student's matrix level.

28         4.  Within 10 school days after it receives

29  notification of a parent's intent to apply for a McKay

30  Scholarship, a district school board must notify the student's

31  parent if the matrix has not been completed and provide the


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    CS for CS for SB 2882                          First Engrossed



 1  parent with the date for completion of the matrix required in

 2  this paragraph.

 3         (c)  If the parent chooses the private school option

 4  and the student is accepted by the private school pending the

 5  availability of a space for the student, the parent of the

 6  student must notify the Department of Education school

 7  district 60 days prior to the first scholarship payment and

 8  before entering the private school in order to be eligible for

 9  the scholarship when a space becomes available for the student

10  in the private school.

11         (d)  The parent of a student may choose, as an

12  alternative, to enroll the student in and transport the

13  student to a public school in an adjacent school district

14  which has available space and has a program with the services

15  agreed to in the student's individual education plan already

16  in place, and that school district shall accept the student

17  and report the student to the Department of Education for

18  purposes of the district's funding pursuant to the Florida

19  Education Finance Program.

20         (e)  For a student in the district who participates in

21  the John M. McKay Scholarships for Students with Disabilities

22  Program whose parent requests that the student take the

23  statewide assessments under s. 1008.22, the district shall

24  provide locations and times to take all statewide assessments.

25         (f)  A school district must notify The Department of

26  Education must notify the school district upon receipt of the

27  within 10 days after it receives notification of a parent's

28  intent to apply for a scholarship for a student with a

29  disability. A school district must provide the student's

30  parent with the student's matrix level within 10 school days

31  after its completion.


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    CS for CS for SB 2882                          First Engrossed



 1         (g)  A school district shall provide notification to

 2  parents of the availability of a reassessment of each student

 3  who receives a McKay Scholarship at least every 3 years.

 4         (4)  PRIVATE SCHOOL ELIGIBILITY; REGISTRATION;

 5  PROHIBITIONS.--

 6         (a)  To be eligible to participate in the John M. McKay

 7  Scholarships for Students with Disabilities Program, a private

 8  school must be a Florida private school as defined in s.

 9  1002.01(2), may be sectarian or nonsectarian, and must:

10         1.(a)  Demonstrate fiscal soundness by filing with

11  being in operation for 1 school year or provide the Department

12  of Education with a surety bond for the amount equal to the

13  scholarship amount for each quarter of the school year. The

14  surety bond must be filed at the time of the private school's

15  initial registration and at each renewal period thereafter for

16  a total of 2 years. This requirement does not apply to an

17  eligible private school that:

18         a.  Participates in the program for a total of 2 years

19  or longer; and

20         b.  Has had no action taken by the Department of

21  Education against the private school for any violation of this

22  section during the 2-year period.

23  

24  However, any private school that was subject to an action

25  taken by the department for any violation of this section

26  shall, following the date on which the action was taken

27  against the private school for a violation of this section,

28  but prior to receiving the next quarterly payment and for 2

29  years thereafter, file a surety bond with the department.

30  

31  


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    CS for CS for SB 2882                          First Engrossed



 1         2.  Annually register with the Department of Education.

 2  Each owner or administrator of a private school must provide

 3  the following information:

 4         a.  The legal business and trade name, mailing address,

 5  and business location of the private school;

 6         b.  The full name, address, and telephone number of

 7  each owner or administrator of the private school;

 8         c.  A notification of the private school's intent to

 9  participate in the program under this section. The notice must

10  specify the grade levels and services that the private school

11  has available for students with disabilities who are

12  participating in the scholarship program. statement by a

13  certified public accountant confirming that the private school

14  desiring to participate is insured and the owner or owners

15  have sufficient capital or credit to operate the school for

16  the upcoming year serving the number of students anticipated

17  with expected revenues from tuition and other sources that may

18  be reasonably expected. In lieu of such a statement, a surety

19  bond or letter of credit for the amount equal to the

20  scholarship funds for any quarter may be filed with the

21  department.

22         (b)  Notify the Department of Education of its intent

23  to participate in the program under this section. The notice

24  must specify the grade levels and services that the private

25  school has available for students with disabilities who are

26  participating in the scholarship program.

27         3.(c)  Comply with the antidiscrimination provisions of

28  42 U.S.C. s. 2000d.

29         4.(d)  Meet state and local health and safety laws and

30  codes.

31  


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    CS for CS for SB 2882                          First Engrossed



 1         5.(e)  Be academically accountable to the parent for

 2  meeting the educational needs of the student.

 3         6.(f)  Employ or contract with teachers who hold

 4  baccalaureate or higher degrees, or have at least 3 years of

 5  teaching experience in public or private schools, or have

 6  special skills, knowledge, or expertise that qualifies them to

 7  provide instruction in subjects taught.

 8         7.(g)  Comply with all state laws relating to general

 9  regulation of private schools, including, but not limited to,

10  s. 1002.42.

11         8.(h)  Publish and adhere to the tenets of its adopted

12  published disciplinary procedures prior to the expulsion of a

13  scholarship student.

14         9.  Provide the Department of Education with all

15  documentation required for each scholarship student's

16  participation in the scholarship program, including, but not

17  limited to:

18         a.  The private school's fee schedule, including, but

19  not limited to, fees for services, tuition, and instructional

20  materials, and each individual scholarship student's schedule

21  of fees and charges, at least 30 days before the first

22  quarterly scholarship payment is made for the student; and

23         b.  The enrollment and attendance information,

24  including an on-line attendance verification form, for each

25  scholarship student at the private school, prior to each

26  scholarship payment.

27  

28  The on-line attendance form must be documented each quarter by

29  a notarized statement that is signed by the private school and

30  the parents of each McKay scholarship student in attendance at

31  the private school. The private school must maintain the


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    CS for CS for SB 2882                          First Engrossed



 1  completed notarized statements at the private school for each

 2  academic year. The completed notarized statements shall be

 3  open to the Department of Education upon request.

 4         10.  Maintain a physical location in this state where a

 5  scholarship student regularly attends classes.

 6         11.a.  Advertise or notify potential McKay Scholarship

 7  students and parents of the specific types of disabilities

 8  served by the school, and provide this information to the

 9  Department of Education.

10         b.  Review with the parent the student's individual

11  education plan.

12         12.  Require each McKay Scholarship student to

13  participate at least annually in a student assessment which as

14  determined by the private school, in consultation with the

15  student's parent or guardian, will demonstrate the student's

16  skill level to the student's parents.

17         13.  Notify the student's parent at least annually

18  about the student's skill level on a student assessment that

19  is determined by the private school.

20         14.  Notify the Department of Education of any change

21  in the school's registered name or location prior to any such

22  change and notify the Department of Education within 15 days

23  after any other change in the registration information

24  submitted to the department.

25         15.  Notify each local health department within 15 days

26  after establishing operations at a physical location or

27  address and within 3 days after discovering any ongoing health

28  code violation that has not yet been remedied in full.

29         16.  Annually complete and file with the Department of

30  Education a sworn and notarized compliance statement in a form

31  


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    CS for CS for SB 2882                          First Engrossed



 1  and timeline specified in rules adopted by the State Board of

 2  Education.

 3         (b)  A private school participating in the John M.

 4  McKay Scholarships for Students with Disabilities Program must

 5  ensure that all personnel who are hired, contracted, or

 6  engaged to provide services to fill positions requiring direct

 7  contact with students in the private school, and all owners of

 8  a private school shall, upon employment, entry into the

 9  contract, engagement to provide services, or assumption of a

10  position of ownership, a position of decisionmaking authority,

11  or a position having access to scholarship funds, undergo

12  background screening pursuant to s. 435.04 by filing with the

13  Department of Education a complete set of fingerprints taken

14  by an authorized law enforcement agency or an employee of the

15  private school who is trained to take fingerprints. These

16  fingerprints shall be submitted to the Department of Law

17  Enforcement for state processing, which shall in turn submit

18  the fingerprints to the Federal Bureau of Investigation for

19  federal processing. The Department of Education shall screen

20  the background results and report to the private school any

21  person described in this paragraph who fails to meet level 2

22  screening standards pursuant to s. 435.04 or any person

23  described in this paragraph who has been convicted of a crime

24  involving moral turpitude. Employees, contractors, personnel

25  engaged to provide services, or owners found through

26  fingerprint processing to have been convicted of a crime

27  involving moral turpitude or failing to meet level 2 screening

28  standards pursuant to s. 435.04 may not be employed,

29  contracted with, or engaged to provide services in any

30  position in the private school requiring direct contact with

31  students, and may not assume a position of ownership, a


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    CS for CS for SB 2882                          First Engrossed



 1  position of decisionmaking authority, or a position having

 2  access to scholarship funds. The cost of the background

 3  screening may be borne by the private school, the employee,

 4  the contractor, the person engaged to provide services, or the

 5  owner.

 6         1.  Every 5 years each person described in this

 7  paragraph must meet level 2 screening requirements as

 8  described in s. 435.04, at which time the Department of

 9  Education shall request the Department of Law Enforcement to

10  forward the fingerprints to the Federal Bureau of

11  Investigation for level 2 screening. If the fingerprints of a

12  person described in this paragraph are not retained by the

13  Department of Law Enforcement under subparagraph 2., the

14  person must file a complete set of fingerprints with the

15  Department of Education. Upon submission of fingerprints for

16  this purpose, the Department of Education shall request the

17  Department of Law Enforcement to forward the fingerprints to

18  the Federal Bureau of Investigation for level 2 screening, and

19  the fingerprints shall be retained by the Department of Law

20  Enforcement under subparagraph 2. The cost of the state and

21  federal criminal history check required by level 2 screening

22  may be borne by the private school, the employee, the

23  contractor, the person engaged to provide services, or the

24  owner. Under penalty of perjury, each person described in this

25  paragraph must agree to inform the private school immediately

26  if convicted of any disqualifying offense while in a capacity

27  with the private school as described in this paragraph. If it

28  is found that a person described in this paragraph does not

29  meet the level 2 requirements, the person shall be immediately

30  suspended from working in that capacity and shall remain

31  suspended until final resolution of any appeals.


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    CS for CS for SB 2882                          First Engrossed



 1         2.  Beginning July 1, 2004, all fingerprints submitted

 2  to the Department of Law Enforcement as required by this

 3  paragraph shall be retained by the Department of Law

 4  Enforcement in a manner provided by rule and entered in the

 5  statewide automated fingerprint identification system

 6  authorized by s. 943.05(2)(b). Such fingerprints shall

 7  thereafter be available for all purposes and uses authorized

 8  for arrest fingerprint cards entered in the statewide

 9  automated fingerprint identification system pursuant to s.

10  943.051.

11         3.  Beginning December 15, 2004, the Department of Law

12  Enforcement shall search all arrest fingerprint cards received

13  under s. 943.051 against the fingerprints retained in the

14  statewide automated fingerprint identification system under

15  subparagraph 2. Any arrest record that is identified with the

16  fingerprints of a person described in this paragraph shall be

17  reported to the Department of Education. Each eligible private

18  school shall participate in this search process by paying an

19  annual fee to the Department of Law Enforcement and by

20  informing the Department of Law Enforcement of any change in

21  the status or place of employment, contracting, or engagement

22  of services of its personnel as described in this paragraph

23  whose fingerprints are retained under subparagraph 2. The

24  Department of Law Enforcement shall adopt a rule setting the

25  amount of the annual fee to be imposed upon each private

26  school for performing these searches and establishing the

27  procedures for the retention of private school personnel

28  fingerprints and the dissemination of search results. The fee

29  may be borne by the private school, the employee, the

30  contracted person, the person engaged to provide services, or

31  the owner.


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    CS for CS for SB 2882                          First Engrossed



 1         (c)  A private school participating in the John M.

 2  McKay Scholarships for Students with Disabilities Program may

 3  not:

 4         1.  Act as attorney in fact for parents of a

 5  scholarship student under the authority of a power of attorney

 6  executed by such parents, or under any other authority, to

 7  endorse scholarship warrants on behalf of parents.

 8         2.  Send or direct McKay Scholarship funds to parents

 9  of a scholarship student who receives instruction at home.

10         3.  Be a correspondence school or distance learning

11  school.

12         4.  Accept a McKay scholarship student until the sworn

13  and notarized compliance statement has been completed,

14  submitted to, and independently verified by the Department of

15  Education.

16         (d)  A participating private school may request that

17  the school be listed by the Department of Education with a

18  closed-enrollment status in the McKay Scholarship program if

19  the school is no longer accepting new students with McKay

20  Scholarships. As used in this paragraph, the term

21  "closed-enrollment status" means that the private school is no

22  longer accepting any new student with a McKay Scholarship.

23  However, the private school is subject to all the requirements

24  under this section and all applicable rules adopted by the

25  State Board of Education if the private school is serving a

26  student with a McKay Scholarship. The private school must

27  provide a written request for closed-enrollment status to the

28  Department of Education. The Department of Education may grant

29  closed-enrollment status to a participating private school.

30  However, closed-enrollment status may not be granted for

31  longer than 1 school year.


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    CS for CS for SB 2882                          First Engrossed



 1         (5)  OBLIGATION OF PROGRAM PARTICIPANTS.--

 2         (a)  A parent who applies for a John M. McKay

 3  Scholarship is exercising his or her parental option to place

 4  his or her child in a private school. The parent must select

 5  the private school and apply for the admission of his or her

 6  child.

 7         (b)  The parent must have requested the scholarship at

 8  least 60 days prior to the date of the first scholarship

 9  payment.

10         (c)  Any student participating in the scholarship

11  program must remain in attendance throughout the school year,

12  unless excused by the school for illness or other good cause,

13  and must comply fully with the school's code of conduct.

14         (d)  The parent of each student participating in the

15  scholarship program must comply fully with the private

16  school's parental involvement requirements, unless excused by

17  the school for illness or other good cause.

18         (e)  If the parent requests that the student

19  participating in the scholarship program take all statewide

20  assessments required pursuant to s. 1008.22, the parent is

21  responsible for transporting the student to the assessment

22  site designated by the school district.

23         (f)  Upon receipt of a scholarship warrant, the parent

24  to whom the warrant is made must restrictively endorse the

25  warrant to the private school for deposit into the account of

26  the private school.

27         (g)  The parent of a student participating in the

28  scholarship program may not designate any participating

29  private school as the parent's attorney in fact to sign a

30  scholarship warrant.

31  


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    CS for CS for SB 2882                          First Engrossed



 1         (h)(g)  A participant who fails to comply with this

 2  subsection forfeits the scholarship.

 3         (6)  SCHOLARSHIP FUNDING AND PAYMENT.--

 4         (d)  The school district shall report to the Department

 5  of Education all students who are attending a private school

 6  under this program. The students with disabilities attending

 7  private schools on John M. McKay Scholarships shall be

 8  reported separately from other students reported for purposes

 9  of the Florida Education Finance Program.

10         (e)  Following notification on July 1, September 1,

11  December 1, or February 1 of the number of program

12  participants, the Department of Education shall transfer, from

13  General Revenue funds only, the amount calculated under

14  paragraph (b) from the school district's total funding

15  entitlement under the Florida Education Finance Program and

16  from authorized categorical accounts to a separate account for

17  the scholarship program for quarterly disbursement to the

18  parents of participating students. When a student enters the

19  scholarship program, the Department of Education must receive

20  all documentation required for the student's participation,

21  including, but not limited to, the private school's and

22  student's fee schedules, at least 30 days before the first

23  quarterly scholarship payment is made for the student. The

24  Department of Education may not make any retroactive payments.

25         (7)  OBLIGATIONS OF THE DEPARTMENT OF EDUCATION.--

26         (a)  The Department of Education shall perform the

27  following duties:

28         1.  Review for compliance all documentation required

29  for each scholarship student's participation, including,

30  without limitation, the private school's schedule and the

31  student's fee schedule.


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    CS for CS for SB 2882                          First Engrossed



 1         2.  Verify the admission acceptance of each scholarship

 2  student to an eligible private school prior to the initial

 3  scholarship payment.

 4         3.  Verify, prior to each scholarship payment, the

 5  enrollment and attendance of each scholarship student at the

 6  private school and that the scholarship student is not:

 7         a.  Receiving a scholarship under s. 220.187 or s.

 8  1002.38.

 9         b.  Participating in a home education program as

10  defined in s. 1002.01(1).

11         c.  Participating in instruction delivered by a

12  correspondence school or distance learning courses, except as

13  specifically permitted in paragraph (2)(b).

14         d.  Enrolled in a school operating for the purpose of

15  providing education services to youth in commitment programs

16  of the Department of Juvenile Justice.

17         e.  Currently enrolled in a public school in the state,

18  if the student has a scholarship to attend a private school.

19         4.  Administer and prescribe an annual sworn and

20  notarized compliance statement for each participating private

21  school and independently verify the information provided by

22  each participating private school.

23         5.  Review all results of the background checks

24  performed pursuant to subsection (4).

25         6.  Determine the eligibility of a private school to

26  accept McKay scholarship students, based upon independent

27  verification that the private school meets all the

28  requirements in this section and all applicable rules adopted

29  by the State Board of Education.

30         7.  Publish a current, on-line list of eligible private

31  schools.


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    CS for CS for SB 2882                          First Engrossed



 1         8.  Include each eligible private school on the on-line

 2  list of eligible private schools within 10 days after the

 3  private school is determined as eligible to participate in the

 4  McKay scholarship program.

 5         9.  Remove immediately from the on-line list of

 6  eligible private schools any school that is determined by the

 7  Department of Education to be an ineligible private school, as

 8  provided for in paragraph (b).

 9         10.  Remove immediately from the on-line list of

10  eligible private schools any school that is determined by the

11  Department of Education to be an ineligible school, as

12  provided for in paragraphs (b) and (c).

13         (b)  The Department of Education shall deny or refuse

14  to allow the participation of any private school if it

15  determines that the private school or any of its owners or

16  administrators has failed to meet the requirements for initial

17  application or renewal as provided in this section.

18         (c)  The Department of Education shall issue a notice

19  of noncompliance pursuant to s. 120.695 to any participating

20  private school that violates any of the provisions of this

21  section or the rules of the State Board of Education, if the

22  violation is a minor violation as defined in s. 120.695. If a

23  private school fails to satisfy the requirements specified in

24  the notice of noncompliance within 30 days after its receipt

25  by the school, the Department of Education shall issue an

26  emergency order revoking the registration of the participating

27  private school. The Department of Education shall issue an

28  emergency order to immediately revoke the registration of a

29  participating private school for a violation that is not a

30  minor violation as defined in s. 120.695.

31  


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    CS for CS for SB 2882                          First Engrossed



 1         (d)  The Department of Education shall revoke the

 2  scholarship for a participant who fails to comply with the

 3  requirements in subsection (5) or who:

 4         1.  Receives a scholarship under s. 220.187 or s.

 5  1002.38.

 6         2.  Participates in a home education program as defined

 7  in s. 1002.01(1).

 8         3.  Participates in instruction delivered by a

 9  correspondence school or distance learning courses, except as

10  specifically permitted in paragraph (2)(b).

11         4.  Does not have regular and direct contact with the

12  student's private school teachers at the school's physical

13  location.

14         5.  Enrolls in a school operating for the purpose of

15  providing educational services to youth in commitment programs

16  of the Department of Juvenile Justice.

17         (e)  The Department of Education shall conduct an

18  investigation of any written complaint of a violation of this

19  section if the complaint is signed by the complainant and is

20  legally sufficient. A complaint is legally sufficient if it

21  contains ultimate facts that show that a violation of this

22  section or any rule adopted by the State Board of Education

23  has occurred. In order to determine legal sufficiency, the

24  Department of Education may require supporting information or

25  documentation.

26         (f)  The Department of Education may not change a

27  matrix of services completed by a school district. However,

28  the department may make the following changes for a matrix for

29  a student if the school district has identified the error but

30  has failed to make a correction in a timely manner:

31  


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    CS for CS for SB 2882                          First Engrossed



 1         1.  A correction to a technical, typographical, or

 2  calculation error; or

 3         2.  A change to align the matrix of services with the

 4  student's individual education plan completed by the school

 5  district for use in the public school prior to the student

 6  enrolling in or attending a private school.

 7  

 8  The department must report any change made under this

 9  paragraph to the school district and the parent of the

10  student.

11         (8)  OBLIGATIONS OF THE AUDITOR

12  GENERAL.--Notwithstanding any other law to the contrary, the

13  Auditor General must include in the operational audit of the

14  Department of Education the John M. McKay Scholarships for

15  Students with Disabilities Program. The Auditor General must

16  include in the audit a review of a sample of the warrants used

17  to pay for the scholarships, as well as random site visits to

18  private schools participating in the John M. McKay

19  Scholarships for Students with Disabilities Program, in order

20  to verify student enrollment and other information reported by

21  the private schools as required by rules of the State Board of

22  Education.

23         (9)(7)  LIABILITY.--No liability shall arise on the

24  part of the state based on the award or use of a John M. McKay

25  Scholarship.

26         (10)(8)  RULES.--The State Board of Education shall may

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

28  administer this section, including rules for:.

29         (a)  Administering the annual sworn and notarized

30  compliance statement to all participating private schools;

31  


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    CS for CS for SB 2882                          First Engrossed



 1         (b)  Establishing procedures for schools to request

 2  closed-enrollment and active status;

 3         (c)  Establishing forms for changes to a matrix by a

 4  school district and the department;

 5         (d)  Implementing the requirement that a private school

 6  timely notify the Department of Education of material changes

 7  to the school's registration information;

 8         (e)  Establishing attendance-verification procedures

 9  and forms; and

10         (f)  Establishing procedures for determining student

11  eligibility and approving scholarships.

12  

13  The rules related to the annual sworn and notarized compliance

14  statement shall establish a deadline for the receipt of the

15  initial sworn and notarized compliance statement from the

16  private school and shall enumerate the items to be included in

17  the statement. The rules shall enumerate the items to be

18  included in a subsequent annual sworn and notarized compliance

19  statement that is required in January of each year from the

20  private school. However, the inclusion of eligible private

21  schools within options available to Florida public school

22  students does not expand the regulatory authority of the

23  state, its officers, or any school district to impose any

24  additional regulation of private schools beyond those

25  reasonably necessary to enforce requirements expressly set

26  forth in this section.

27         Section 2.  The State Board of Education shall initiate

28  the adoption of rules required by this act 10 days after the

29  effective date of this act. The State Board of Education shall

30  report to the presiding officers of the Legislature by

31  


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    CS for CS for SB 2882                          First Engrossed



 1  December 1, 2004, on the status of the rulemaking required by

 2  this act.

 3         Section 3.  (1)  A private school that meets the

 4  following requirements on June 1, 2004, is not required to

 5  file the surety bond as required in section 1002.39(4)(a)1.,

 6  Florida Statutes:

 7         (a)  The private school is participating in the Mckay

 8  Scholarship Program under section 1002.39, Florida Statutes;

 9  and

10         (b)  The private school is determined by the Department

11  of Education to be in compliance with section 1002.39, Florida

12  Statutes.

13         (2)  Notwithstanding section 1002.39(4)(b)4., Florida

14  Statutes, a private school that meets the requirements in

15  paragraphs (1)(a) and (b) may accept a McKay scholarship

16  student.

17         (3)  Notwithstanding subsections (1) and (2), if the

18  private school becomes, after June 1, 2004, subject to an

19  action taken by the Department of Education for any violation

20  of section 1002.39, Florida Statutes, the private school:

21         (a)  Shall file a surety bond with the Department of

22  Education following the date on which the action was taken

23  against the private school for a violation of section 1002.39,

24  Florida Statutes, but prior to receiving the next quarterly

25  payment;

26         (b)  Shall file a surety bond with the Department of

27  Education for 2 additional consecutive years thereafter; and

28         (c)  May not accept new McKay scholarship students

29  until the private school complies with all the requirements in

30  section 1002.39, Florida Statutes, and all applicable rules of

31  


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    CS for CS for SB 2882                          First Engrossed



 1  the State Board of Education, as determined by the Department

 2  of Education.

 3         Section 4.  Section 220.187, Florida Statutes, is

 4  amended to read:

 5         220.187  Credits for contributions to nonprofit

 6  scholarship-funding organizations.--

 7         (1)  PURPOSE.--The purpose of this section is to:

 8         (a)  Encourage private, voluntary contributions to

 9  nonprofit scholarship-funding organizations.

10         (b)  Expand educational opportunities for children of

11  families that have limited financial resources.

12         (c)  Enable children in this state to achieve a greater

13  level of excellence in their education.

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

15         (a)  "Department" means the Department of Revenue.

16         (a)(b)  "Eligible contribution" means a monetary

17  contribution from a taxpayer, subject to the restrictions

18  provided in this section, to an eligible nonprofit

19  scholarship-funding organization. The taxpayer making the

20  contribution may not designate a specific child as the

21  beneficiary of the contribution. The taxpayer may not

22  contribute more than $5 million to any single eligible

23  nonprofit scholarship-funding organization.

24         (b)(c)  "Eligible private nonpublic school" means a

25  private nonpublic school, as defined in s. 1002.01(2), located

26  in Florida which that offers an education to students in any

27  grades K-12 and that meets the requirements in subsection (6)

28  (5). An eligible private school:

29         1.  Must maintain a physical location in this state

30  where each scholarship student regularly attends classes.

31  


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    CS for CS for SB 2882                          First Engrossed



 1         2.  May not be a correspondence school or distance

 2  learning school.

 3         3.  May not direct or provide scholarship funds to a

 4  parent of a scholarship student who receives instruction under

 5  the program at home.

 6         4.  May not be a home education program as defined in

 7  s. 1002.01(1).

 8         (c)(d)  "Eligible nonprofit scholarship-funding

 9  organization" means a charitable organization that is exempt

10  from federal income tax pursuant to s. 501(c)(3) of the

11  Internal Revenue Code, incorporated under laws of this state,

12  and that complies with the provisions of subsection (4).

13         (d)  "Owner" means the owner, president, chairperson of

14  the board of directors, superintendent, principal, or person

15  with equivalent decisionmaking authority who owns, operates,

16  or administers an eligible nonprofit scholarship-funding

17  organization or eligible private school. In addition, the term

18  "owner" means an individual who has access to or processes

19  scholarship funds or eligible contributions at an eligible

20  nonprofit scholarship-funding organization or eligible private

21  school.

22         (e)  "Qualified student" means a student who qualifies

23  for free or reduced-price school lunches under the National

24  School Lunch Act and who:

25         1.  Was counted as a full-time equivalent student

26  during the previous state fiscal year for purposes of state

27  per-student funding;

28         2.  Received a scholarship from an eligible nonprofit

29  scholarship-funding organization during the previous school

30  year; or

31         3.  Is eligible to enter kindergarten or first grade.


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    CS for CS for SB 2882                          First Engrossed



 1  

 2  A student is not eligible to receive a scholarship under this

 3  section if the student is participating in the Opportunity

 4  Scholarship Program under s. 1002.38, the John M. McKay

 5  Scholarships for Students with Disabilities Program under s.

 6  1002.39, or a home education program as defined in s.

 7  1002.01(1). A student is not eligible to receive a scholarship

 8  from more than one eligible nonprofit scholarship-funding

 9  organization at the same time.

10         (3)  AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX

11  CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--

12         (a)  There is allowed a credit of 100 percent of an

13  eligible contribution against any tax due for a taxable year

14  under this chapter. However, such a credit may not exceed 75

15  percent of the tax due under this chapter for the taxable

16  year, after the application of any other allowable credits by

17  the taxpayer. However, at least 5 percent of the total

18  statewide amount authorized for the tax credit shall be

19  reserved for taxpayers who meet the definition of a small

20  business provided in s. 288.703(1) at the time of application.

21  The credit granted by this section shall be reduced by the

22  difference between the amount of federal corporate income tax

23  taking into account the credit granted by this section and the

24  amount of federal corporate income tax without application of

25  the credit granted by this section.

26         (b)  The total amount of tax credits and carryforward

27  of tax credits that which may be granted each state fiscal

28  year under this section is $88 million. One percent of the

29  total statewide amount authorized for the tax credit must be

30  reserved for taxpayers who are small businesses as defined in

31  s. 288.703(1) at the time of application.


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    CS for CS for SB 2882                          First Engrossed



 1         (c)  A taxpayer who files a Florida consolidated return

 2  as a member of an affiliated group pursuant to s. 220.131(1)

 3  may be allowed the credit on a consolidated return basis;

 4  however, the total credit taken by the affiliated group is

 5  subject to the limitation established under paragraph (a).

 6         (d)  A taxpayer may rescind its application for tax

 7  credit under this section, and the amount approved in the

 8  application for tax credit shall become available for purposes

 9  of the cap for that state fiscal year under this section to an

10  eligible taxpayer as approved by the Department of Revenue, if

11  the taxpayer receives notice from the Department of Revenue

12  that the rescindment application has been accepted by the

13  Department of Revenue, the taxpayer has not previously

14  rescinded its application for tax credit under this section

15  more than once in the previous 3 tax years, and the taxpayer

16  has not made a contribution pursuant to its approved

17  application for tax credit under this section. Any amount

18  rescinded under this paragraph shall become available to an

19  eligible taxpayer on a first-come, first-served basis based on

20  tax credit applications received after the date the

21  rescindment is accepted by the Department of Revenue.

22         (4)  OBLIGATIONS OF ELIGIBLE NONPROFIT

23  SCHOLARSHIP-FUNDING ORGANIZATIONS.--

24         (a)  An eligible nonprofit scholarship-funding

25  organization shall provide scholarships, from eligible

26  contributions, to qualified students for:

27         1.  Tuition or textbook expenses for, or transportation

28  to, an eligible private nonpublic school. At least 75 percent

29  of each the scholarship funding must be used to pay tuition

30  expenses; or

31  


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    CS for CS for SB 2882                          First Engrossed



 1         2.  Transportation expenses to a Florida public school

 2  that is located outside the district in which the student

 3  resides.

 4         (b)  An eligible nonprofit scholarship-funding

 5  organization shall give priority to qualified students who

 6  received a scholarship from an eligible nonprofit

 7  scholarship-funding organization during the previous school

 8  year.

 9         (c)  The amount of a scholarship provided to any child

10  for any single school year by all eligible nonprofit

11  scholarship-funding organizations from eligible contributions

12  shall not exceed the following annual limits:

13         1.  Three thousand five hundred dollars for a

14  scholarship awarded to a student enrolled in an eligible

15  private nonpublic school.

16         2.  Five hundred dollars for a scholarship awarded to a

17  student enrolled in a Florida public school that is located

18  outside the district in which the student resides.

19         (d)  The amount of an eligible contribution that which

20  may be accepted by an eligible nonprofit scholarship-funding

21  organization is limited to the amount needed to provide

22  scholarships for qualified students that which the

23  organization has identified and for which vacancies in

24  eligible private nonpublic schools have been identified.

25         (e)  An eligible nonprofit scholarship-funding

26  organization that receives an eligible contribution must spend

27  100 percent of the eligible contribution to provide

28  scholarships in the same state fiscal year in which the

29  contribution was received. No portion of eligible

30  contributions may be used for administrative expenses. All

31  


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    CS for CS for SB 2882                          First Engrossed



 1  interest accrued from contributions must be used for

 2  scholarships.

 3         (f)  An eligible nonprofit scholarship-funding

 4  organization that receives eligible contributions must provide

 5  to the Auditor General and the Department of Education, within

 6  180 days after completion of the organization's fiscal year,

 7  an annual financial and compliance audit of its accounts and

 8  records conducted by an independent certified public

 9  accountant and in accordance with rules adopted by the Auditor

10  General. The Auditor General shall review all audit reports

11  submitted pursuant to this section. The Auditor General shall

12  request any significant items that were omitted in violation

13  of a rule adopted by the Auditor General. The items must be

14  provided within 45 days after the date of the request. If the

15  nonprofit scholarship-funding organization does not comply

16  with the Auditor General's request, the Auditor General shall

17  notify the Legislative Auditing Committee. The Legislative

18  Auditing Committee may schedule a hearing. If a hearing is

19  scheduled, the committee shall determine if the nonprofit

20  scholarship-funding organization should be subject to further

21  state action. If the committee determines that the nonprofit

22  scholarship-funding organization should be subject to further

23  state action, the committee shall notify the Department of

24  Education, which shall terminate the eligibility of the

25  nonprofit scholarship-funding organization to participate in

26  the program under this section.

27         (g)  An eligible nonprofit scholarship-funding

28  organization shall make payment of the scholarship, at a

29  minimum, on a quarterly basis. Payment of the scholarship by

30  the eligible nonprofit scholarship-funding organization shall

31  be by individual warrant or check made payable to the


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    CS for CS for SB 2882                          First Engrossed



 1  student's parent. If the parent chooses for his or her child

 2  to attend an eligible private nonpublic school, the warrant or

 3  check must be mailed by the eligible nonprofit

 4  scholarship-funding organization to the private nonpublic

 5  school of the parent's choice, and the parent shall

 6  restrictively endorse the warrant or check to the private

 7  nonpublic school. An eligible nonprofit scholarship-funding

 8  organization shall ensure that, upon receipt of a scholarship

 9  warrant or check, the parent to whom the warrant or check is

10  made restrictively endorses the warrant or check to the

11  private nonpublic school of the parent's choice for deposit

12  into the account of the private nonpublic school.

13         (h)  An eligible nonprofit scholarship-funding

14  organization may not commingle scholarship funds with any

15  other funds and must maintain a separate account for

16  scholarship funds.

17         (i)  An eligible nonprofit scholarship-funding

18  organization shall obtain verification from a private school

19  of each student's continued attendance at the private school

20  prior to each scholarship payment.

21         (j)  An eligible nonprofit scholarship-funding

22  organization must verify the income of all scholarship

23  applicants participating in the program at least once each

24  school year through independent income documentation as

25  provided in rules of the State Board of Education.

26         (k)  An eligible nonprofit scholarship-funding

27  organization must prepare and submit quarterly reports to the

28  Department of Education pursuant to subsection (8). In

29  addition, an eligible nonprofit scholarship-funding

30  organization must immediately submit to the Department of

31  


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    CS for CS for SB 2882                          First Engrossed



 1  Education any information requested by the Department of

 2  Education relating to the scholarship program.

 3         (l)  All owners of a nonprofit scholarship-funding

 4  organization shall, upon employment, entry into the contract,

 5  or engagement to provide services, undergo background

 6  screening pursuant to s. 435.04 by filing with the Department

 7  of Education a complete set of fingerprints taken by an

 8  authorized law enforcement agency or an employee of the

 9  scholarship-funding organization who is trained to take

10  fingerprints. These fingerprints shall be submitted to the

11  Department of Law Enforcement for state processing, which

12  shall in turn submit the fingerprints to the Federal Bureau of

13  Investigation for federal processing. The Department of

14  Education shall screen the background results and report to

15  the scholarship-funding organization any owner who fails to

16  meet level 2 screening standards pursuant to s. 435.04 or any

17  owner who has been convicted of a crime involving moral

18  turpitude. Owners found through fingerprint processing to have

19  been convicted of a crime involving moral turpitude or failing

20  to meet level 2 screening standards pursuant to s. 435.04 may

21  not be employed, contracted with, or engaged to provide

22  services in any position with the scholarship-funding

23  organization. The cost of the background screening may be

24  borne by the scholarship-funding organization or the owner.

25         1.  Every 5 years following employment, entry into a

26  contract, or engagement to provide services with a

27  scholarship-funding organization, each owner must meet level 2

28  screening requirements as described in s. 435.04, at which

29  time the Department of Education shall request the Department

30  of Law Enforcement to forward the fingerprints to the Federal

31  Bureau of Investigation for level 2 screening. If the


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    CS for CS for SB 2882                          First Engrossed



 1  fingerprints of an owner are not retained by the Department of

 2  Law Enforcement under subparagraph 2., the owner must file a

 3  complete set of fingerprints with the Department of Education.

 4  Upon submission of fingerprints for this purpose, the

 5  Department of Education shall request the Department of Law

 6  Enforcement to forward the fingerprints to the Federal Bureau

 7  of Investigation for level 2 screening, and the fingerprints

 8  shall be retained by the Department of Law Enforcement under

 9  subparagraph 2. The cost of the state and federal criminal

10  history check required by level 2 screening may be borne by

11  the scholarship-funding organization or the owner. Under

12  penalty of perjury, each owner must agree to inform the

13  scholarship-funding organization immediately if convicted of

14  any disqualifying offense while he or she is employed, under

15  contract, or engaged to provide services with the

16  scholarship-funding organization. If it is found that an owner

17  does not meet the level 2 requirements, the owner shall be

18  immediately suspended from working in that capacity and shall

19  remain suspended until final resolution of any appeals.

20         2.  Beginning July 1, 2004, all fingerprints submitted

21  to the Department of Law Enforcement as required by paragraph

22  (l), shall be retained by the Department of Law Enforcement in

23  a manner provided by rule and entered in the statewide

24  automated fingerprint identification system authorized by s.

25  943.05(2)(b). Such fingerprints shall thereafter be available

26  for all purposes and uses authorized for arrest fingerprint

27  cards entered in the statewide automated fingerprint

28  identification system pursuant to s. 943.051.

29         3.  Beginning December 15, 2004, the Department of Law

30  Enforcement shall search all arrest fingerprint cards received

31  under s. 943.051 against the fingerprints retained in the


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    CS for CS for SB 2882                          First Engrossed



 1  statewide automated fingerprint identification system under

 2  subparagraph 2. Any arrest record that is identified with an

 3  owner's fingerprints shall be reported to the Department of

 4  Education. Each scholarship-funding organization shall

 5  participate in this search process by paying an annual fee to

 6  the Department of Law Enforcement and by informing the

 7  Department of Law Enforcement of any change in the employment,

 8  contractual status, or engagement status or place of

 9  employment, contracting, or engagement of its owners whose

10  fingerprints are retained under subparagraph 2. The Department

11  of Law Enforcement shall adopt a rule setting the amount of

12  the annual fee to be imposed upon each scholarship-funding

13  organization for performing these searches and establishing

14  the procedures for the retention of owner fingerprints and the

15  dissemination of search results. The fee may be borne by the

16  scholarship-funding organization or by the owner.

17         (m)  An eligible nonprofit scholarship-funding

18  organization must comply with the antidiscrimination

19  provisions of 42 U.S.C. s. 2000d.

20         (n)  An eligible nonprofit scholarship-funding

21  organization or an owner of an eligible nonprofit

22  scholarship-funding organization may not own, operate, or

23  administer an eligible private school participating in the

24  program.

25         (o)  An eligible nonprofit scholarship-funding

26  organization must report to the Department of Education any

27  private school participating in the scholarship program under

28  this section which does not comply with the requirements of

29  the scholarship program. The eligible nonprofit

30  scholarship-funding organization may not provide additional

31  scholarship funds to a parent for a student to attend a


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    CS for CS for SB 2882                          First Engrossed



 1  private school until the State Board of Education determines

 2  that the school is in compliance with this section.

 3         (p)  An eligible nonprofit scholarship-funding

 4  organization must allow a qualified student to attend any

 5  eligible private school and must allow the parent to transfer

 6  the scholarship during the school year to another eligible

 7  private school of the parent's choice.

 8         (q)  An eligible nonprofit scholarship-funding

 9  organization must provide a scholarship to a qualified student

10  on a first-come, first-served basis unless the student

11  qualifies for priority pursuant to paragraph (4)(b). An

12  eligible nonprofit scholarship-funding organization may not

13  target scholarships to a particular private school or provide

14  scholarships to a child of an owner.

15         (r)  An eligible nonprofit scholarship-funding

16  organization may not transfer scholarship funds to another

17  eligible nonprofit scholarship-funding organization.

18         (s)  An eligible nonprofit scholarship-funding

19  organization may not secure a promissory note, a line of

20  credit, or other financing to fund a scholarship in

21  anticipation of an eligible contribution. An eligible

22  scholarship-funding organization may only fund scholarships

23  through eligible contributions received under the scholarship

24  program.

25         (t)  A nonprofit scholarship-funding organization that

26  fails to comply with this section may not participate in the

27  scholarship program.

28         (5)  PARENT OBLIGATIONS.--

29         (a)  As a condition for scholarship payment pursuant to

30  paragraph (4)(g), if the parent chooses for his or her child

31  to attend an eligible private nonpublic school, the parent


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    CS for CS for SB 2882                          First Engrossed



 1  must inform the child's school district within 15 days after

 2  such decision.

 3         (b)  Any student participating in the scholarship

 4  program must remain in attendance throughout the school year,

 5  unless excused by the school for illness or other good cause,

 6  and must comply fully with the school's code of conduct.

 7         (c)  The parent of each student participating in the

 8  scholarship program must comply fully with the eligible

 9  private school's parental-involvement requirements unless

10  excused by the school for good cause.

11         (d)  Upon receipt of scholarship funds from the

12  eligible nonprofit scholarship-funding organization, the

13  parent to whom the warrant is made must restrictively endorse

14  the warrant to the private school for deposit into the account

15  of the private school. The parent may not authorize the

16  eligible private school, its owners, or employees to act as an

17  attorney in fact for purposes of endorsing scholarship

18  warrants.

19         (e)  The parent of each qualified student participating

20  in the scholarship program must ensure that the student

21  participates in the required testing pursuant to this section.

22         (f)  A student or parent who fails to comply with this

23  subsection forfeits the scholarship.

24         (6)  ELIGIBLE PRIVATE NONPUBLIC SCHOOL OBLIGATIONS.--An

25  eligible private nonpublic school must:

26         (a)  Demonstrate fiscal soundness by filing with being

27  in operation for one school year or provide the Department of

28  Education with a surety bond for the amount equal to the

29  scholarship amount for each quarter of the school year. The

30  surety bond must be filed at the time of the private school's

31  initial registration to participate in the program under this


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    CS for CS for SB 2882                          First Engrossed



 1  section with the Department of Education and at each annual

 2  registration period thereafter for a total of 3 consecutive

 3  years. This requirement does not apply to an eligible private

 4  school that:

 5         1.  Has participated in the program for 3 consecutive

 6  years or longer; and

 7         2.  Has had no action taken by the Department of

 8  Education against the private school for any violation of this

 9  section for 3 consecutive years or longer.

10  

11  However, any private school that was subject to an action

12  taken by the Department of Education for any violation of this

13  section shall, following the date on which action was taken

14  against the private school for a violation of this section,

15  but prior to receiving the next quarterly payment, and for 2

16  additional consecutive years thereafter, file a surety bond

17  with the Department of Education. statement by a certified

18  public accountant confirming that the nonpublic school

19  desiring to participate is insured and the owner or owners

20  have sufficient capital or credit to operate the school for

21  the upcoming year serving the number of students anticipated

22  with expected revenues from tuition and other sources that may

23  be reasonably expected. In lieu of such a statement, a surety

24  bond or letter of credit for the amount equal to the

25  scholarship funds for any quarter may be filed with the

26  department.

27         (b)  Comply with the antidiscrimination provisions of

28  42 U.S.C. s. 2000d.

29         (c)  Meet state and local health and safety laws and

30  codes.

31  


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    CS for CS for SB 2882                          First Engrossed



 1         (d)  Comply with all state laws relating to general

 2  regulation of private nonpublic schools.

 3         (e)  Employ or contract with teachers who have regular

 4  and direct contact with each student receiving a scholarship

 5  under this section at the school's physical location. All

 6  teachers must hold at least a baccalaureate degree or have at

 7  least 3 years' teaching experience in public or private

 8  schools and have special skills, knowledge, or expertise that

 9  qualifies them to provide instruction in subjects taught. As

10  part of the sworn-compliance form authorized under subsection

11  (7), an eligible private school must report to the Department

12  of Education the number of teachers employed or under contract

13  with the private school, along with the manner in which the

14  teacher meets the requirements of this paragraph.

15         (f)  Annually register with the Department of

16  Education. Each private school must annually provide the

17  following information to the Department of Education:

18         1.  The legal business and trade names, mailing

19  address, and business location of the private school;

20         2.  The legal name, mailing address, and telephone

21  numbers of an owner of the private school;

22         3.  A list of students at the private school receiving

23  a scholarship under this section; and

24         4.  A notification of the private school's intent to

25  participate in the program under this section.

26         (g)  Ensure that all personnel who are hired,

27  contracted, or engaged to provide services to fill positions

28  requiring direct contact with students in the private school,

29  and all owners of a private school shall, upon employment,

30  entry into the contract, engagement to provide services, or

31  assumption of a position of ownership, a position of


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    CS for CS for SB 2882                          First Engrossed



 1  decisionmaking authority, or a position having access to

 2  scholarship funds, undergo background screening pursuant to s.

 3  435.04 by filing with the Department of Education a complete

 4  set of fingerprints taken by an authorized law enforcement

 5  agency or an employee of the private school who is trained to

 6  take fingerprints. These fingerprints shall be submitted to

 7  the Department of Law Enforcement for state processing, which

 8  shall in turn submit the fingerprints to the Federal Bureau of

 9  Investigation for federal processing. The Department of

10  Education shall screen the background results and report to

11  the private school any person described in this paragraph who

12  fails to meet level 2 screening standards pursuant to s.

13  435.04 or any person described in this paragraph who has been

14  convicted of a crime involving moral turpitude. Employees,

15  contractors, personnel engaged to provide services, or owners

16  found through fingerprint processing to have been convicted of

17  a crime involving moral turpitude or failing to meet level 2

18  screening standards pursuant to s. 435.04 may not be employed,

19  contracted with, or engaged to provide services in any

20  position in the private school requiring direct contact with

21  students, and may not assume a position of ownership, a

22  position of decisionmaking authority, or a position having

23  access to scholarship funds. The cost of the background

24  screening may be borne by the private school, the employee,

25  the contractor, the person engaged to provide services, or the

26  owner.

27         1.  Every 5 years each person described in this

28  paragraph must meet level 2 screening requirements as

29  described in s. 435.04, at which time the Department of

30  Education shall request the Department of Law Enforcement to

31  forward the fingerprints to the Federal Bureau of


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    CS for CS for SB 2882                          First Engrossed



 1  Investigation for level 2 screening. If the fingerprints of a

 2  person described in this paragraph are not retained by the

 3  Department of Law Enforcement under subparagraph 2., the

 4  person must file a complete set of fingerprints with the

 5  Department of Education. Upon submission of fingerprints for

 6  this purpose, the Department of Education shall request the

 7  Department of Law Enforcement to forward the fingerprints to

 8  the Federal Bureau of Investigation for level 2 screening, and

 9  the fingerprints shall be retained by the Department of Law

10  Enforcement under subparagraph 2. The cost of the state and

11  federal criminal history check required by level 2 screening

12  may be borne by the private school, the employee, the

13  contractor, the person engaged to provide services, or the

14  owner. Under penalty of perjury, each person described in this

15  paragraph must agree to inform the private school immediately

16  if convicted of any disqualifying offense while in a capacity

17  with the private school as described in this paragraph. If it

18  is found that a person described in this paragraph does not

19  meet the level 2 requirements, the person shall be immediately

20  suspended from working in that capacity and shall remain

21  suspended until final resolution of any appeals.

22         2.  Beginning July 1, 2004, all fingerprints submitted

23  to the Department of Law Enforcement as required by this

24  paragraph shall be retained by the Department of Law

25  Enforcement in a manner provided by rule and entered in the

26  statewide automated fingerprint identification system

27  authorized by s. 943.05(2)(b). Such fingerprints shall

28  thereafter be available for all purposes and uses authorized

29  for arrest fingerprint cards entered in the statewide

30  automated fingerprint identification system pursuant to s.

31  943.051.


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    CS for CS for SB 2882                          First Engrossed



 1         3.  Beginning December 15, 2004, the Department of Law

 2  Enforcement shall search all arrest fingerprint cards received

 3  under s. 943.051 against the fingerprints retained in the

 4  statewide automated fingerprint identification system under

 5  subparagraph 2. Any arrest record that is identified with the

 6  fingerprints of a person described in this paragraph shall be

 7  reported to the Department of Education. Each eligible private

 8  school shall participate in this search process by paying an

 9  annual fee to the Department of Law Enforcement and by

10  informing the Department of Law Enforcement of any change in

11  the status or place of employment, contracting, or engagement

12  of services of its personnel as described in this paragraph

13  whose fingerprints are retained under subparagraph 2. The

14  Department of Law Enforcement shall adopt a rule setting the

15  amount of the annual fee to be imposed upon each private

16  school for performing these searches and establishing the

17  procedures for the retention of private school personnel

18  fingerprints and the dissemination of search results. The fee

19  may be borne by the private school, the employee, the

20  contracted person, the person engaged to provide services, or

21  the owner.

22         (h)  Annually administer or make provisions for

23  scholarship students to take the Iowa Test of Basic Skills,

24  the Stanford-9, or the Florida Comprehensive Assessment Test,

25  or subsequent versions of these tests. A participating private

26  school must report a student's scores to the parent and to the

27  independent private research organization selected by the

28  Department of Education pursuant to subsection (7).

29         (i)  Annually comply with the Department of Education's

30  affidavit requirements as provided in subsection (8).

31  


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    CS for CS for SB 2882                          First Engrossed



 1         (j)  Notify in writing the Department of Education and

 2  the nonprofit scholarship-funding organization within 7 days

 3  if a student is ineligible to participate in the scholarship

 4  program.

 5         (k)  Publish and report annually to the Department of

 6  Education and distribute to the scholarship applicants if the

 7  school has been in existence for 3 years or less.

 8         (l)  Publish and report annually to the Department of

 9  Education and distribute to the scholarship applicants:

10         1.  Whether the private school is accredited by an in

11  state or regional accrediting association that is validated by

12  a third-party accreditor at the state or national level which

13  has been in existence at least 3 years;

14         2.  The name of the accrediting association that

15  accredits the private school; and

16         3.  Whether the private school is in the process of

17  receiving candidate status.

18  

19  The Department of Education shall make the annual list of

20  accredited and nonaccredited private schools available to the

21  public and shall make that list available by county.

22         (m)  Comply with this section's requirements. A private

23  school that fails to comply with this section is ineligible to

24  participate in the scholarship program under this section.

25         (7)  DEPARTMENT OF EDUCATION; RESPONSIBILITIES.--The

26  Department of Education must:

27         (a)  Annually submit, by March 15, to the Department of

28  Revenue a list of eligible nonprofit scholarship-funding

29  organizations that meet the requirements of this section.

30         (b)  Annually determine the eligibility of nonprofit

31  scholarship-funding organizations that meet the requirements


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    CS for CS for SB 2882                          First Engrossed



 1  of this section. The Department of Education must determine

 2  the eligibility of the nonprofit scholarship-funding

 3  organization within 90 days after the nonprofit

 4  scholarship-funding organization's application for approval to

 5  participate in the program. The Department of Education must

 6  provide written notice of approval or denial to participate in

 7  the program to the nonprofit scholarship-funding organization.

 8  The notice must contain the specific reasons for approval or

 9  denial.

10         (c)  Annually determine the eligibility of private

11  schools that meet the requirements of this section. The

12  Department of Education must maintain a list of eligible

13  private schools, and that list must be made accessible to the

14  public.

15         (d)  Annually verify the eligibility of students that

16  meet the requirements of this section. The Department of

17  Education must maintain a database of students participating

18  in the program. The Department of Education must, at least

19  quarterly, update its database to ensure that a student

20  continues to meet the requirements of this section. The

21  Department of Education must immediately notify an eligible

22  nonprofit scholarship-funding organization of any student that

23  fails to meet the requirements of this section.

24         (e)  Annually account for and verify the eligibility of

25  expenditures under this section.

26         (f)  Annually review all audit reports of nonprofit

27  scholarship-funding organizations for compliance with this

28  section.

29         (g)  Annually submit, administer, and retain records of

30  affidavits from private schools certifying compliance with

31  this section.


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    CS for CS for SB 2882                          First Engrossed



 1         (h)  Select an independent private research

 2  organization to which participating private schools must

 3  report the scores of participating students on the Iowa Test

 4  of Basic Skills, the Stanford-9, or the Florida Comprehensive

 5  Assessment Test, or subsequent versions of these tests

 6  administered by the private school. The independent private

 7  research organization must annually report to the Department

 8  of Education on the year-to-year improvements of the

 9  participating students. The independent research organization

10  must analyze and report student performance data, including

11  student scores by grade level, in a manner that protects the

12  rights of students and parents as mandated in 20 U.S.C. s.

13  1232g and must not disaggregate data to a level that will

14  disclose the identity of students or of private schools. To

15  the extent possible, the independent private research

16  organization must accumulate historical performance data on

17  students from the Department of Education and private schools

18  to describe baseline performance and to conduct longitudinal

19  studies.

20         (i)  Revoke the eligibility of a nonprofit

21  scholarship-funding organization, private school, or student

22  to participate in the program for noncompliance with this

23  section.

24         (j)  Annually report, by December 15, to the Governor,

25  the President of the Senate, and the Speaker of the House of

26  Representatives of the Department of Education's actions with

27  respect to implementing accountability in the scholarship

28  program under this section including, but not limited to, any

29  substantiated allegations or violations of law or rule by a

30  nonprofit scholarship-funding organization or private school

31  


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    CS for CS for SB 2882                          First Engrossed



 1  under this program and the corrective action taken by the

 2  Department of Education.

 3         (8)(7)  ADMINISTRATION; RULES.--

 4         (a)  If the credit granted pursuant to this section is

 5  not fully used in any one year because of insufficient tax

 6  liability on the part of the corporation, the unused amount

 7  may be carried forward for a period not to exceed 3 years;

 8  however, any taxpayer that seeks to carry forward an unused

 9  amount of tax credit must submit an application for allocation

10  of tax credits or carryforward credits as required in

11  paragraph (d) in the year that the taxpayer intends to use the

12  carryforward. The total amount of tax credits and carryforward

13  of tax credits granted each state fiscal year under this

14  section is $88 million. This carryforward applies to all

15  approved contributions made after January 1, 2002. A taxpayer

16  may not convey, assign, or transfer the credit authorized by

17  this section to another entity unless all of the assets of the

18  taxpayer are conveyed, assigned, or transferred in the same

19  transaction.

20         (b)  An application for a tax credit pursuant to this

21  section shall be submitted to the Department of Revenue on

22  forms established by rule of the Department of Revenue.

23         (c)  The Department of Revenue and the Department of

24  Education shall develop a cooperative agreement to assist in

25  the administration of this section. The Department of

26  Education shall be responsible for annually submitting, by

27  March 15, to the department a list of eligible nonprofit

28  scholarship-funding organizations that meet the requirements

29  of paragraph (2)(d) and for monitoring eligibility of

30  nonprofit scholarship-funding organizations that meet the

31  requirements of paragraph (2)(d), eligibility of nonpublic


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    CS for CS for SB 2882                          First Engrossed



 1  schools that meet the requirements of paragraph (2)(c), and

 2  eligibility of expenditures under this section as provided in

 3  subsection (4).

 4         (d)  The Department of Revenue shall adopt rules

 5  necessary to administer this section, including rules

 6  establishing application forms and procedures and governing

 7  the allocation of tax credits and carryforward credits under

 8  this section on a first-come, first-served basis.

 9         (e)  The State Board of Education Department of

10  Education shall adopt rules pursuant to ss. 120.536(1) and

11  120.54 to administer this section, including, but not limited

12  to, rules: necessary to

13         1.  Determining determine eligibility of nonprofit

14  scholarship-funding organizations and private schools; as

15  defined in paragraph (2)(d) and according to the provisions of

16  subsection (4) and

17         2.  Identifying identify qualified students; as defined

18  in paragraph (2)(e).

19         3.  Identifying the documentation required to establish

20  eligibility for nonprofit scholarship-funding organizations;

21         4.  Requiring an affidavit, which comports with this

22  section's requirements for private schools that participate in

23  the scholarship program; and

24         5.  Identifying the independent income-verification

25  documentation required to establish student eligibility under

26  this section.

27         (f)  The State Board of Education may delegate its

28  authority under this section to the Commissioner of Education

29  with the exception of rulemaking authority.

30         (9)(8)  DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All

31  eligible contributions received by an eligible nonprofit


                                  53

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    CS for CS for SB 2882                          First Engrossed



 1  scholarship-funding organization shall be deposited in a

 2  manner consistent with s. 17.57(2).

 3         Section 5.  This act shall take effect upon becoming a

 4  law.

 5  

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  54

CODING: Words stricken are deletions; words underlined are additions.

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