Bill Text: FL S1220 | 2020 | Regular Session | Comm Sub
Bill Title: K-12 Scholarship Programs
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2020-03-10 - Laid on Table, refer to CS/HB 7067 [S1220 Detail]
Download: Florida-2020-S1220-Comm_Sub.html
Florida Senate - 2020 CS for CS for SB 1220 By the Committees on Appropriations; and Education; and Senator Diaz 576-04555-20 20201220c2 1 A bill to be entitled 2 An act relating to K-12 scholarship programs; amending 3 s. 1002.394, F.S.; revising initial scholarship 4 eligibility criteria for the Family Empowerment 5 Scholarship Program; establishing a priority order for 6 award of a scholarship that includes an adjusted 7 maximum eligible household income level that is 8 increased in specified circumstances; requiring the 9 Department of Education to maintain and publish a list 10 of nationally norm-referenced tests and to establish 11 deadlines for lists of eligible students, 12 applications, and notifications; requiring a private 13 school to report scores to a state university by a 14 specified date; requiring parents to annually renew 15 participation in the program; requiring an eligible 16 nonprofit scholarship-funding organization to award 17 scholarships in priority order and implement 18 deadlines; requiring, rather than authorizing, an 19 annual specified increase in the maximum number of 20 students participating in the scholarship program; 21 amending s. 1002.395, F.S.; revising eligibility 22 criteria for the Florida Tax Credit Scholarship 23 Program and applying the criteria only to initial 24 eligibility; requiring that priority be given to 25 students whose household income levels do not exceed a 26 specified amount or who are in foster care or out-of 27 home care; requiring scholarship-funding organizations 28 to prioritize renewal scholarships over initial 29 scholarships; requiring a scholarship-funding 30 organization to refer students who did not receive a 31 scholarship because of lack of funds to another 32 scholarship-funding organization; amending s. 1002.40, 33 F.S.; requiring scholarship-funding organizations to 34 use excess contributions to fund scholarships for 35 specified students under certain conditions; providing 36 an effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Present paragraphs (b), (c), and (d) of 41 subsection (10) of section 1002.394, Florida Statutes, are 42 redesignated as paragraphs (c), (d), and (e), respectively, 43 paragraph (i) of subsection (9) and a new paragraph (b) of 44 subsection (10) are added to that section, and subsections (3) 45 and (7), paragraph (c) of subsection (8), and paragraph (a) of 46 subsection (11) of that section are amended, to read: 47 1002.394 The Family Empowerment Scholarship Program.— 48 (3) INITIAL SCHOLARSHIP ELIGIBILITY.—A student is eligible 49 for a Family Empowerment Scholarship under this section if the 50 student meets the following criteria: 51 (a)1. The student is on the direct certification list 52 pursuant to s. 1002.395(2)(c) or the student’s household income 53 level does not exceed 185300percent of the federal poverty 54 level;or55 2. The student is currently placed, or during the previous 56 state fiscal year was placed, in foster care or in out-of-home 57 care as defined in s. 39.01; or 58 3. The student’s household income level does not exceed 300 59 percent of the federal poverty level or an adjusted maximum 60 percent of the federal poverty level as established pursuant to 61 paragraph (e). 62 63Priority shall be given to students whose household income64levels do not exceed 185 percent of the federal poverty level or65who are in foster care or out-of-home care.A student who 66 initially receives a scholarship based on eligibility under 67 subparagraph 2. remains eligible to participate until the 68 student graduates from high school or attains the age of 21 69 years, whichever occurs first, regardless of the student’s 70 household income level. A sibling of a student who is 71 participating in the scholarship program under this subsection 72 is eligible for a scholarship if the student resides in the same 73 household as the sibling. 74 (b)1. The student is eligible to enroll in kindergarten; 75 2. The studentorhas spent the prior school year in 76 attendance at a Florida public school; or 77 3. Beginning with the 2020-2021 school year, the student 78 received a scholarship pursuant to s. 1002.395 during the 79 previous school year but did not receive a renewal scholarship 80 based solely on the eligible nonprofit scholarship-funding 81 organization’s lack of available funds after the organization 82 fully exhausts its efforts to use funds available for awards 83 under ss. 1002.395 and 1002.40(11)(i). Eligible nonprofit 84 scholarship-funding organizations with students who meet the 85 eligibility criterion of this subparagraph must annually notify 86 the department in a format and by a date established by the 87 department. 88 89 For purposes of this paragraph, the term “prior school year in 90 attendance” means that the student was enrolled full time and 91 reported by a school district for funding during the preceding 92 October and February Florida Education Finance Program surveys 93 in kindergarten through grade 12, which includes time spent in a 94 Department of Juvenile Justice commitment program if funded 95 under the Florida Education Finance Program. However, a 96 dependent child of a member of the United States Armed Forces 97 who transfers to a school in this state from out of state or 98 from a foreign country due to a parent’s permanent change of 99 station orders or a foster child is exempt from the prior public 100 school attendance requirement under this paragraph, but must 101 meet the other eligibility requirements specified under this 102 section to participate in the program. 103 (c) The parent has obtained acceptance for admission of the 104 student to a private school that is eligible for the program 105 under subsection (8), and the parent has requested a scholarship 106 from the Department of Education by a date established by the 107 department pursuant to paragraph (7)(e), but no later than at 108 least 60 days before the date of the first scholarship payment. 109 The request must be communicated directly to the department in a 110 manner that creates a written or electronic record of the 111 request and the date of receipt of the request. The department 112 must notify the school district of the parent’s intent upon 113 receipt of the parent’s request. 114 (d) The student is awarded a scholarship in accordance with 115 the following priority order: 116 1. An eligible student who received a Family Empowerment 117 Scholarship during the previous school year and requested a 118 renewal scholarship award. 119 2. An eligible student who meets the criteria for an 120 initial award under both paragraph (a) and subparagraph (b)3. 121 3. An eligible student who meets the criteria for an 122 initial award under subparagraph (b)2. and either subparagraph 123 (a)1. or subparagraph (a)2. 124 4. An eligible student who meets the criteria for an 125 initial award under subparagraph (b)1. and either subparagraph 126 (a)1. or subparagraph (a)2. 127 5. An eligible student who meets the criteria for an 128 initial award under subparagraph (a)3. and, in priority order, 129 either subparagraph (b)2. or subparagraph (b)1. 130 (e) The student’s household income level does not exceed an 131 adjusted maximum percent of the federal poverty level that is 132 increased by 25 percent in the fiscal year following any fiscal 133 year in which more than 5 percent of the available scholarships 134 authorized under subsection (11) have not been awarded. 135 (7) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department 136 shall: 137 (a) Publish and update, as necessary, information on the 138 department website about the Family Empowerment Scholarship 139 Program, including, but not limited to, student eligibility 140 criteria, parental responsibilities, and relevant data. 141 (b) Cross-check the list of participating scholarship 142 students with the public school enrollment lists before each 143 scholarship payment to avoid duplication. 144 (c) Maintain and publish a list of nationally norm 145 referenced tests identified for purposes of satisfying the 146 testing requirement in subparagraph (8)(c)1. The tests must meet 147 industry standards of quality in accordance with state board 148 rule. 149 (d) Notify eligible nonprofit scholarship-funding 150 organizations of the deadlines for submitting the verified list 151 of students determined to be eligible for an initial or renewal 152 scholarship. 153 (e) Establish deadlines for the receipt of initial 154 applications and renewal notifications in order to implement the 155 priority order for scholarship awards pursuant to paragraph 156 (3)(d). 157 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be 158 eligible to participate in the Family Empowerment Scholarship 159 Program, a private school may be sectarian or nonsectarian and 160 must: 161 (c)1. Annually administer or make provision for students 162 participating in the program in grades 3 through 10 to take one 163 of the nationally norm-referenced tests that are identified by 164 the department pursuant to paragraph (7)(c) or to take the 165 statewide assessments pursuant to s. 1008.22. Students with 166 disabilities for whom standardized testing is not appropriate 167 are exempt from this requirement. A participating private school 168 shall report a student’s scores to his or her parent. By August 169 15 of each year, a participating private school must report the 170 scores of all participating students to a state university as 171 described in s. 1002.395(9)(f). 172 2. Administer the statewide assessments pursuant to s. 173 1008.22 if the private school chooses to offer the statewide 174 assessments. A participating private school may choose to offer 175 and administer the statewide assessments to all students who 176 attend the private school in grades 3 through 10 and must submit 177 a request in writing to the department by March 1 of each year 178 in order to administer the statewide assessments in the 179 subsequent school year. 180 181 If a private school fails to meet the requirements of this 182 subsection or s. 1002.421, the commissioner may determine that 183 the private school is ineligible to participate in the 184 scholarship program. 185 (9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 186 PARTICIPATION.—A parent who applies for a Family Empowerment 187 Scholarship is exercising his or her parental option to place 188 his or her child in a private school. 189 (i) The parent must annually renew participation in the 190 program by the date established by the department pursuant to 191 paragraph (7)(e). 192 (10) OBLIGATIONS OF ELIGIBLE SCHOLARSHIP-FUNDING 193 ORGANIZATIONS.—An eligible nonprofit scholarship-funding 194 organization: 195 (b) Shall award initial and renewal scholarships in 196 priority order pursuant to paragraph (3)(d). The eligible 197 nonprofit scholarship-funding organization shall implement the 198 deadlines established by the department pursuant to paragraphs 199 (7)(d) and (e). 200 (11) SCHOLARSHIP FUNDING AND PAYMENT.— 201 (a) The scholarship is established for up to 18,000 202 students annuallyon afirst-come, first-servedbasis beginning 203 inwiththe 2019-2020 school year. Beginning in the 2020-2021 204 school year, the maximum number of students participating in the 205 scholarship program under this section shallmayannually 206 increase by 1.00.25percent of the state’s total public school 207 student enrollment. 208 Section 2. Subsection (3) and paragraphs (e) and (f) of 209 subsection (6) of section 1002.395, Florida Statutes, are 210 amended to read: 211 1002.395 Florida Tax Credit Scholarship Program.— 212 (3) PROGRAM; INITIAL SCHOLARSHIP ELIGIBILITY.— 213 (a) The Florida Tax Credit Scholarship Program is 214 established. 215 (b) A student is eligible for a Florida tax credit 216 scholarship under this section if the student meets one or more 217 of the following criteria: 218 1. The student is on the direct certification list or the 219 student’s household income level does not exceed 260185percent 220 of the federal poverty level; or 221 2. The student is currently placed, or during the previous 222 state fiscal year was placed, in foster care or in out-of-home 223 care as defined in s. 39.01. 2243. The student’s household income level is greater than 185225percent of the federal poverty level but does not exceed 260226percent of the federal poverty level.227 228 Priority must be given to a student whose household income level 229 does not exceed 185 percent of the federal poverty level or who 230 is in foster care or out-of-home care. A student who initially 231 receives a scholarship based on eligibility under this paragraph 232subparagraph (b)2.remains eligible to participate until he or 233 shethe studentgraduates from high school or attains the age of 234 21 years, whichever occurs first, regardless of the student’s 235 household income level.A student who initially received a236scholarship based on income eligibility before the 2019-2020237school year remains eligible to participate until he or she238graduates from high school, attains the age of 21 years, or the239student’s household income level exceeds 260 percent of the240federal poverty level, whichever occurs first.A sibling of a 241 student who is participating in the scholarship program under 242 this subsection is eligible for a scholarship if the student 243 resides in the same household as the sibling. 244 (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING 245 ORGANIZATIONS.—An eligible nonprofit scholarship-funding 246 organization: 247 (e) Must give first priority to eligible renewal students 248 who received a full-time scholarship from an eligible nonprofit 249 scholarship-funding organization or from the State of Florida 250 during the previous school year. The eligible nonprofit 251 scholarship-funding organization must fully apply and exhaust 252 all funds available under this section and s. 1002.40(11)(i) for 253 renewal scholarship awards before awarding any initial 254 scholarshipsBeginning in the 2016-2017 school year, an eligible255nonprofit scholarship-funding organization shall give priority256to new applicants whose household income levels do not exceed257185 percent of the federal poverty level or who are in foster258care or out-of-home care. 259 (f) Must provide a renewal or initial scholarship to an 260 eligible student on a first-come, first-served basis unless the 261 student qualifies for priority pursuant to paragraph (e). Each 262 eligible nonprofit scholarship-funding organization must refer 263 any student eligible for a scholarship pursuant to this section 264 who did not receive a renewal or initial scholarship based 265 solely on the lack of available funds under this section and s. 266 1002.40(11)(i) to another eligible nonprofit scholarship-funding 267 organization that may have funds available. 268 269 Information and documentation provided to the Department of 270 Education and the Auditor General relating to the identity of a 271 taxpayer that provides an eligible contribution under this 272 section shall remain confidential at all times in accordance 273 with s. 213.053. 274 Section 3. Paragraph (i) of subsection (11) of section 275 1002.40, Florida Statutes, is amended to read: 276 1002.40 The Hope Scholarship Program.— 277 (11) FUNDING AND PAYMENT.— 278 (i) Notwithstanding s. 1002.395(6)(j)2., no more than 5 279 percent of net eligible contributions may be carried forward to 280 the following state fiscal year by an eligible scholarship 281 funding organization. For audit purposes, all amounts carried 282 forward must be specifically identified for individual students 283 by student name and by the name of the school to which the 284 student is admitted, subject to the requirements of ss. 1002.21 285 and 1002.22 and 20 U.S.C. s. 1232g, and the applicable rules and 286 regulations issued pursuant to such requirements. Any amounts 287 carried forward shall be expended for annual scholarships or 288 partial-year scholarships in the following state fiscal year. 289 Net eligible contributions remaining on June 30 of each year 290 which are in excess of the 5 percent that may be carried forward 291 shall be transferred to other eligible nonprofit scholarship 292 funding organizations participating in the Hope Scholarship 293 Program to provide scholarships for eligible students. All 294 transferred funds must be deposited by each eligible nonprofit 295 scholarship-funding organization receiving such funds into the 296 scholarship account of eligible students. All transferred 297 amounts received by an eligible nonprofit scholarship-funding 298 organization must be separately disclosed in the annual 299 financial audit requirement under s. 1002.395(6)(m). If no other 300 eligible nonprofit scholarship-funding organization participates 301 in the Hope Scholarship Program, net eligible contributions in 302 excess of the 5 percent may be used to fund scholarships for 303 students eligible under s. 1002.395 only after fully exhausting 304 all contributions made in support of scholarships under that 305 section in accordance with the priority established in s. 306 1002.395(6)(e) prior to awarding any initial scholarshipss.3071002.395(3). 308 Section 4. This act shall take effect July 1, 2020.