Bill Text: FL S1512 | 2014 | Regular Session | Comm Sub
Bill Title: Education
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Introduced - Dead) 2014-05-02 - Died on Calendar, companion bill(s) passed, see CS/CS/SB 850 (Ch. 2014-184), CS/SB 1642 (Ch. 2014-23) [S1512 Detail]
Download: Florida-2014-S1512-Comm_Sub.html
Florida Senate - 2014 CS for CS for SB 1512 By the Committees on Appropriations; and Education; and Senators Stargel, Thrasher, Gardiner, and Galvano 576-04499-14 20141512c2 1 A bill to be entitled 2 An act relating to education; amending s. 11.45, F.S.; 3 authorizing the Auditor General to conduct audits of 4 the accounts and records of nonprofit scholarship 5 funding organizations; creating s. 1002.385, F.S.; 6 establishing the Florida Personal Learning Scholarship 7 Accounts; defining terms; specifying criteria for 8 students who are eligible to participate in the 9 program; identifying certain students who are not 10 eligible to participate in the program; authorizing 11 the use of awarded funds for specific purposes; 12 prohibiting specific providers, schools, institutions, 13 school districts, and other entities from sharing, 14 refunding, or rebating program funds; specifying the 15 terms of the program; providing that the school 16 district retains all duties, authority, and 17 responsibilities specified in the Florida K-20 18 Education Code; specifying the duties of the 19 Department of Education relating to the program; 20 providing that the Commissioner of Education retains 21 all current duties, authority, and responsibilities as 22 specified in the Florida K-20 Education Code; 23 requiring the Agency for Persons with Disabilities to 24 deny, suspend, or revoke participation in the program 25 or use of program funds under certain circumstances; 26 providing additional factors under which the agency 27 may deny, suspend, or revoke a participation in the 28 program or program funds; requiring a parent to sign 29 an agreement with the Agency for Persons with 30 Disabilities to enroll his or her child in the program 31 which specifies the responsibilities of a parent or 32 student for using funds in a personal learning 33 scholarship account and for submitting a compliance 34 statement to the agency; providing that a parent who 35 fails to comply with the responsibilities of the 36 agreement forfeits the personal learning scholarship 37 account; providing eligibility requirements and 38 obligations for private schools under the program; 39 specifying agency obligations under the program; 40 authorizing the agency to contract for services; 41 providing for funding and payment; providing the 42 Auditor General’s obligations under the program; 43 providing that the state is not liable for the use of 44 awarded funds; providing for the scope of authority; 45 requiring the agency to adopt rules; providing for 46 implementation of the program in a specified school 47 year; providing an appropriation; amending s. 48 1002.395, F.S.; revising purpose; revising 49 definitions; revising eligibility requirements for the 50 Florida Tax Credit Scholarship Program; requiring the 51 Department of Education and Department of Revenue to 52 publish the tax credit cap on their websites when it 53 is increased; requiring the Department of Revenue to 54 provide a copy of a letter approving a taxpayer for a 55 specified tax credit to the eligible nonprofit 56 scholarship-funding organization; authorizing certain 57 entities to convey, transfer, or assign certain tax 58 credits; providing for the calculation of underpayment 59 of estimated corporate income taxes and tax 60 installation payments for taxes on insurance premiums 61 and assessments and the determination of whether 62 penalties or interest shall be imposed on the 63 underpayment; revising the disqualifying offenses for 64 nonprofit scholarship-funding organization owners and 65 operators; revising priority for new applicants; 66 allowing a student in foster care or out-of-home care 67 to apply for a scholarship at any time; prohibiting 68 use of eligible contributions from being used for 69 lobbying or political activity or related expenses; 70 requiring application fees to be expended for student 71 scholarships in any year a nonprofit scholarship 72 funding organization uses eligible contributions for 73 administrative expenses; requiring amounts carried 74 forward to be specifically reserved for particular 75 students and schools for audit purposes; revising 76 audit and report requirements for nonprofit 77 scholarship-funding organizations and Auditor General 78 review of all reports; requiring nonprofit 79 scholarship-funding organizations to maintain a surety 80 bond or letter of credit and to adjust the bond or 81 letter of credit quarterly based upon a statement from 82 a certified public accountant; providing exceptions; 83 requiring the nonprofit scholarship-funding 84 organization to provide the Auditor General any 85 information or documentation requested in connection 86 with an operational audit; requiring a private school 87 to provide agreed upon transportation and make 88 arrangements for taking statewide assessments at the 89 school district testing site and in accordance with 90 the district’s testing schedule if the student chooses 91 to take the statewide assessment; requiring parental 92 authorization for access to income eligibility 93 information; specifying that the independent research 94 organization is the Learning System Institute at the 95 Florida State University; identifying grant terms and 96 payments; revising statewide and individual school 97 report requirements; revising limitations on annual 98 scholarship amounts; providing initial and renewal 99 application requirements and an approval process for a 100 charitable organization that seeks to be a nonprofit 101 scholarship-funding organization; requiring the State 102 Board of Education to adopt rules; providing a 103 registration notice requirement for public and private 104 universities to be nonprofit scholarship-funding 105 organizations; requiring the State Board of Education 106 to adopt rules; allowing existing nonprofit 107 scholarship-funding organizations to provide the 108 required bond at a specified date; amending s. 109 1003.4282, F.S.; providing standard high school 110 diploma requirements for certain students with 111 disabilities; requiring the State Board of Education 112 to adopt rules; authorizing a student with a 113 disability to defer the receipt of a standard high 114 school diploma if certain conditions are met; 115 authorizing certain students with disabilities to 116 continue to receive certain instructions and services; 117 requiring an independent review and a parent’s 118 approval to waive statewide, standardized assessment 119 requirements by the individual education plan (IEP) 120 team; repealing s. 1003.438, F.S., relating to special 121 high school graduation requirements for certain 122 exceptional students; creating s. 1003.5716, F.S.; 123 providing that certain students with disabilities have 124 a right to free, appropriate public education; 125 requiring an IEP team to begin the process of, and to 126 develop an IEP for, identifying transition services 127 needs for a student with a disability before the 128 student attains a specified age; providing 129 requirements for the process; requiring certain 130 statements to be included and annually updated in the 131 IEP; providing that changes in the goals specified in 132 an IEP are subject to independent review and parental 133 approval; requiring the school district to reconvene 134 the IEP team to identify alternative strategies to 135 meet transition objectives if a participating agency 136 fails to provide transition services specified in the 137 IEP; providing that the agency’s failure does not 138 relieve the agency of the responsibility to provide or 139 pay for the transition services that the agency 140 otherwise would have provided; amending s. 1003.572, 141 F.S.; prohibiting a school district from imposing 142 additional requirements on private instructional 143 personnel or charging fees; creating s. 1008.2121, 144 F.S.; requiring the Commissioner of Education to 145 permanently exempt certain students with disabilities 146 from taking statewide, standardized assessments; 147 requiring the State Board of Education to adopt rules; 148 amending s. 1008.25, F.S.; requiring written 149 notification relating to portfolios to a parent of a 150 student with a substantial reading deficiency; 151 requiring a student promoted to a certain grade with a 152 good cause exemption to receive intensive reading 153 instruction and intervention; requiring a school 154 district to assist schools and teachers with the 155 implementation of reading strategies; revising good 156 cause exemptions; amending ss. 120.81, 409.1451, and 157 1007.263, F.S.; conforming cross-references; providing 158 effective dates. 159 160 Be It Enacted by the Legislature of the State of Florida: 161 162 Section 1. Paragraph (k) is added to subsection (2) and 163 paragraph (y) is added to subsection (3) of section 11.45, 164 Florida Statutes, and subsection (8) of that section is amended, 165 to read: 166 11.45 Definitions; duties; authorities; reports; rules.— 167 (2) DUTIES.—The Auditor General shall: 168 (k) Annually conduct operational audits of the accounts and 169 records of eligible non-profit scholarship-funding organizations 170 receiving eligible contributions under s. 1002.395, including 171 any contracts for services with related entities, to determine 172 compliance with the provisions of that section. Such audits 173 shall include, but not be limited to, a determination of the 174 eligible non-profit scholarship funding organization’s 175 compliance with s. 1002.395(6)(j). The Auditor General shall 176 provide its report on the results of the audits to the Governor, 177 the President of the Senate, the Speaker of the House of 178 Representatives, the Chief Financial Officer, and the 179 Legislative Auditing Committee, within 30 days of completion of 180 the audit. 181 182 The Auditor General shall perform his or her duties 183 independently but under the general policies established by the 184 Legislative Auditing Committee. This subsection does not limit 185 the Auditor General’s discretionary authority to conduct other 186 audits or engagements of governmental entities as authorized in 187 subsection (3). 188 (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor 189 General may, pursuant to his or her own authority, or at the 190 direction of the Legislative Auditing Committee, conduct audits 191 or other engagements as determined appropriate by the Auditor 192 General of: 193 (y) The accounts and records of a nonprofit scholarship 194 funding organization participating in a state sponsored 195 scholarship program authorized by chapter 1002. 196 (8) RULES OF THE AUDITOR GENERAL.—The Auditor General, in 197 consultation with the Board of Accountancy, shall adopt rules 198 for the form and conduct of all financial audits performed by 199 independent certified public accountants pursuant to ss. 200 215.981, 218.39, 1001.453, 1002.395, 1004.28, and 1004.70. The 201 rules for audits of local governmental entities, charter 202 schools, charter technical career centers, and district school 203 boards must include, but are not limited to, requirements for 204 the reporting of information necessary to carry out the purposes 205 of the Local Governmental Entity, Charter School, Charter 206 Technical Career Center, and District School Board Financial 207 Emergencies Act as stated in s. 218.501. 208 Section 2. Section 1002.385, Florida Statutes, is created 209 to read: 210 1002.385 Florida Personal Learning Scholarship Accounts.— 211 (1) ESTABLISHMENT OF PROGRAM.—The Florida Personal Learning 212 Scholarship Accounts is established to provide the option for a 213 parent to better meet the individual educational needs of his or 214 her eligible child. 215 (2) DEFINITIONS.—As used in this section, the term: 216 (a) “Agency” means the Agency for Persons with 217 Disabilities. 218 (b) “Approved provider” means a provider approved by the 219 Agency for Persons with Disabilities, including an educational 220 consultant, a health care practitioner as defined in s. 221 456.001(4), or a provider approved by the Department of 222 Education pursuant to s. 1002.66. An educational consultant is a 223 provider who is approved by the agency, has a bachelor’s degree 224 from an accredited college or university, holds a Florida 225 professional educator certificate pursuant to s. 1012.56 in 226 exceptional student education, and has 3 years of supervised 227 experience in working with individuals with disabilities. The 228 educational consultant assists in the development of an 229 individual learning services plan, monitors a student’s 230 progress, and reports to the agency. 231 (c) “Curriculum” means a complete course of study for a 232 particular content area or grade level, including any required 233 supplemental materials. 234 (d) “Disability” means, for a student in kindergarten to 235 grade 12, autism, as defined in s. 393.063(3); cerebral palsy, 236 as defined in s. 393.063(4); Down syndrome, as defined in s. 237 393.063(13); an intellectual disability, as defined in s. 238 393.063(21); Prader-Willi syndrome, as defined in s. 239 393.063(25); Spina bifida, as defined in s. 393.063(36); for a 240 student in kindergarten, being a high-risk child, as defined in 241 s. 393.063(20)(a); or Williams syndrome, which is a 242 developmental disorder that is characterized by mild to moderate 243 intellectual disability or learning problems, unique personality 244 characteristics, distinctive facial features, and cardiovascular 245 problems. 246 (e) “Eligible postsecondary educational institution” means 247 a Florida College System institution, a state university, a 248 school district technical center, a school district adult 249 general education center, or an accredited nonpublic 250 postsecondary educational institution, as defined in s. 1005.02, 251 which is licensed to operate in the state pursuant to 252 requirements specified in part III of chapter 1005. 253 (f) “Eligible private school” means a private school, as 254 defined in s. 1002.01, which is located in this state, which 255 offers an education to students in any grade from kindergarten 256 to grade 12, and which meets the requirements of: 257 1. Sections 1002.42 and 1002.421; and 258 2. A scholarship program under s. 1002.39 or s. 1002.395, 259 as applicable, if the private school participates in a 260 scholarship program under s. 1002.39 or s. 1002.395. 261 (g) “ILSP” means an individual learning services plan that 262 is developed for a student who participates in the program. The 263 ILSP must include funding categories that are specified in 264 accordance with rules of the Agency for Persons with 265 Disabilities. 266 (h) “Parent” means a resident of this state who is a 267 parent, as defined in s. 1000.21. 268 (i) “Program” means the Florida Personal Learning 269 Scholarship Accounts established in this section. 270 (3) PROGRAM ELIGIBILITY.—A parent of a student with a 271 disability may request and receive from the state a Florida 272 personal learning scholarship account for the purposes specified 273 in subsection (5) if: 274 (a) The student: 275 1. Is a resident of this state; 276 2. Is eligible to enroll in kindergarten through grade 12 277 in a public school in this state; 278 3. Has a disability as defined in paragraph (2)(d); 279 4. Has an ILSP developed by the agency in consultation with 280 the parent and written in accordance with rules of the Agency 281 for Persons with Disabilities; and 282 5. Complies with regular school attendance pursuant to s. 283 1003.01(13); and 284 (b) The parent has applied to the agency to participate in 285 the program by February 1 before the school year in which the 286 student will participate or an alternate date adopted by the 287 agency in rule for any vacant, funded slots. The request must be 288 communicated directly to the agency in a manner that creates a 289 written or electronic record of the request and the date of 290 receipt of the request. The agency must notify the school 291 district and the Department of Education of the parent’s intent 292 upon receipt of the parent’s request. 293 (4) PROGRAM PROHIBITIONS.—A student is not eligible for the 294 program if: 295 (a) The student or student’s parent has accepted any 296 payment, refund, or rebate, in any manner, from a provider of 297 any services received pursuant to subsection (5); 298 (b) The student’s participation in the program has been 299 denied or revoked by the Agency for Persons with Disabilities 300 pursuant to subsection (10); or 301 (c) The student’s parent has forfeited participation in the 302 program for failure to comply with requirements pursuant to 303 subsection (11). 304 (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds may be 305 spent for the following purposes, according to the goals and 306 objectives identified in the student’s ILSP: 307 (a) Instructional materials, including digital devices, 308 digital periphery devices, and assistive technology devices that 309 allow a student to access instruction or instructional content. 310 (b) Curriculum as defined in paragraph (2)(c). 311 (c) Specialized services by approved providers that are 312 selected by the parent and specified in the student’s ILSP. 313 These specialized services may include, but are not limited to: 314 1. Applied behavior analysis services as provided in ss. 315 627.6686 and 641.31098. 316 2. Services provided by speech-language pathologists as 317 defined in s. 468.1125. 318 3. Occupational therapy services as defined in s. 468.203. 319 4. Services provided by physical therapists as defined in 320 s. 486.021. 321 5. Services provided by listening and spoken language 322 specialists and an appropriate acoustical environment for a 323 child who is deaf or hard of hearing and who has received an 324 implant or assistive hearing device. 325 (d) Enrollment in, or tuition or fees associated with 326 enrollment in, an eligible private school, an eligible 327 postsecondary educational institution, a private tutoring 328 program authorized under s. 1002.43, a virtual program offered 329 by a department-approved private online provider that meets the 330 provider qualifications specified in s. 1002.45(2)(a), or an 331 approved online course offered pursuant to s. 1003.499 or s. 332 1004.0961. 333 (e) Fees for nationally standardized, norm-referenced 334 achievement tests, Advanced Placement examinations, industry 335 certification examinations, assessments related to postsecondary 336 education, or other assessments specified in the student’s ILSP. 337 (f) Contributions to the Stanley G. Tate Florida Prepaid 338 College Program pursuant to s. 1009.98, for the benefit of the 339 eligible student. 340 (g) Contracted services provided by a public school or 341 school district, including classes for the services specified in 342 the ILSP or additional services. A student who receives services 343 under a contract under this paragraph may not be considered to 344 be enrolled in a public school. 345 346 A specialized service provider, eligible private school, 347 eligible postsecondary educational institution, private tutoring 348 program provider, online or virtual program provider, public 349 school, school district, or other entity receiving payments 350 pursuant to this subsection may not share, refund, or rebate any 351 moneys from a Florida personal learning scholarship account with 352 the parent or participating student in any manner. 353 (6) TERM OF THE PROGRAM.—For purposes of continuity of 354 educational choice, the program payments made under this section 355 shall remain in force until a student participating in the 356 program participates in any of the prohibited activities 357 specified in subsection (4), has funds revoked by the agency 358 pursuant to subsection (10), graduates from high school, or 359 reaches 22 years of age, whichever occurs first. 360 (7) SCHOOL DISTRICT OBLIGATIONS.—The school district 361 retains all current duties, authority, and responsibilities as 362 specified in the Florida K-20 Education Code. 363 (8) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department 364 shall: 365 (a) Maintain a list of eligible private schools as defined 366 in paragraph (2)(f) and private tutoring programs pursuant to s. 367 1002.43. 368 (b) Compare the list of students participating in the 369 program with the public school enrollment lists before each 370 program payment to avoid duplicate payments. 371 372 The department retains all current duties, authority, and 373 responsibilities as specified in the Florida K-20 Education 374 Code. 375 (9) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS. 376 The Commissioner of Education retains all current duties, 377 authority, and responsibilities as specified in the Florida K-20 378 Education Code. 379 (10) AUTHORITY AND OBLIGATIONS OF THE AGENCY FOR PERSONS 380 WITH DISABILITIES; ENFORCEMENT.— 381 (a) The agency: 382 1. Shall deny, suspend, or revoke a student’s participation 383 in the program if the health, safety, or welfare of the student 384 is threatened or fraud is suspected. 385 2. Shall deny, suspend, or revoke an authorized use of 386 program funds if the health, safety, or welfare of the student 387 is threatened or fraud is suspected. 388 3. May deny, suspend, or revoke an authorized use of 389 program funds for material failure to comply with this section 390 and applicable agency rules if the noncompliance is correctable 391 within a reasonable period of time. Otherwise, the agency shall 392 deny, suspend, or revoke an authorized use for failure to 393 materially comply with the law and rules adopted under this 394 section. 395 4. Shall require compliance by the appropriate party by a 396 date certain for all nonmaterial failures to comply with this 397 section and applicable agency rules. The agency may deny, 398 suspend, or revoke program participation under this section 399 thereafter. 400 (b) In determining whether to deny, suspend, or revoke an 401 approved provider in accordance with this subsection, the agency 402 may consider factors that include, but are not limited to, acts 403 or omissions by a participating entity which led to a previous 404 denial or revocation of participation in an education 405 scholarship program under this chapter; failure to reimburse the 406 agency for program funds improperly received or retained by the 407 entity; imposition of a prior criminal sanction related to the 408 entity or its officers or employees; imposition of a civil fine 409 or administrative fine, license revocation or suspension, or 410 program eligibility suspension, termination, or revocation 411 related to an entity’s management or operation; or other types 412 of criminal proceedings in which the entity or its officers or 413 employees were found guilty of, regardless of adjudication, or 414 entered a plea of nolo contendere or guilty to, any offense 415 involving fraud, deceit, dishonesty, or moral turpitude. 416 (11) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 417 PARTICIPATION.—A parent who applies for program participation 418 under this section is exercising his or her parental option to 419 determine the appropriate placement or services that best meet 420 the needs of his or her student. To enroll an eligible student 421 in the program, the parent must sign an agreement with the 422 agency and annually submit a notarized, sworn compliance 423 statement to the agency to: 424 (a) Affirm that the student is enrolled in a school or 425 program that meets minimum student attendance requirements as 426 provided in s. 1003.21. 427 (b) Comply with the ILSP and use the program funds only for 428 authorized purposes to meet the student’s goals and objectives 429 in the ILSP as described in subsection (2). 430 (c) Provide for an appropriate assessment that documents 431 the student’s demonstration of educational progress at a level 432 commensurate with her or his ability, in accordance with the 433 requirements for the academic program selected by the parent who 434 enrolls the student in a private school pursuant to paragraph 435 (2)(f), a home education program pursuant to s. 1002.41, or a 436 scholarship program pursuant to s. 1002.39 or s. 1002.395. 437 (d) Affirm that the student takes all appropriate 438 assessments as specified in the student’s ILSP. The parent is 439 responsible for transporting the student to the assessment site 440 designated by the school district if the parent selects a 441 statewide, standardized assessment pursuant to s. 1008.22. 442 (e) Notify the school district that the student is 443 participating in the program if the parent chooses to enroll the 444 student in an eligible private school pursuant to paragraph 445 (2)(f), a home education program pursuant to s. 1002.41, a 446 scholarship program pursuant to this chapter, or a private 447 tutoring program authorized under s. 1002.43. 448 (f) Request participation in the program pursuant to 449 paragraph (3)(b). 450 (g) Affirm that the student remains in good standing with 451 the provider or school if those options are selected by the 452 parent. 453 (h) Apply for admission of his or her child if the private 454 school option is selected by the parent. 455 (i) Annually renew participation in the program. 456 (j) Be responsible for the payment of all eligible expenses 457 in excess of the amount of the personal learning scholarship 458 account. 459 (k) Affirm that the parent will not transfer any college 460 savings funds to another beneficiary. 461 (l) Affirm that the parent will not take possession of any 462 funding provided by the state for the Florida Personal Learning 463 Scholarship Accounts. 464 (m) Maintain a portfolio of records and materials which 465 must be preserved by the parent for 2 years and be made 466 available for inspection by the district school superintendent 467 or the superintendent’s designee upon 15 days’ written notice. 468 This paragraph does not require the superintendent to inspect 469 the portfolio. The portfolio of records and materials consists 470 of: 471 1. A log of educational instruction and services which is 472 made contemporaneously with delivery of the instruction and 473 services and which designates by title any reading materials 474 used; and 475 2. Samples of any writings, worksheets, workbooks, or 476 creative materials used or developed by the student. 477 478 A parent who fails to comply with this subsection forfeits the 479 personal learning scholarship account. 480 (12) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An 481 eligible private school as defined in paragraph (2)(f) must: 482 (a) Comply with all requirements for private schools in ss. 483 1002.42 and 1002.421. A private school participating in a 484 scholarship program under s. 1002.39 or s. 1002.395 must also 485 comply with the requirements of that scholarship program. 486 (b) Provide to the agency, upon request, all documentation 487 required for the student’s participation, including the private 488 school’s and student’s fee schedules. 489 (c) Be academically accountable to the parent for meeting 490 the educational needs of the student. 491 (d) Employ or contract with teachers who have regular and 492 direct contact with each student receiving a scholarship under 493 this section at the school’s physical location. 494 495 The inability of a private school to meet the requirements of 496 this subsection shall constitute a basis for the ineligibility 497 of the private school to participate in the scholarship program 498 as determined by the Department of Education. 499 (13) AGENCY FOR PERSONS WITH DISABILITIES OBLIGATIONS.— 500 (a) The agency shall: 501 1. Monitor and provide oversight for the program. 502 2. Receive applications and determine student eligibility 503 in accordance with the requirements of this section. The agency 504 shall notify the Department of Education of the applicants for 505 the program by February 15 before the school year in which the 506 student intends to participate and indicate how the student will 507 comply with regular school attendance pursuant to ss. 508 1003.01(13) and 1003.23. 509 3. Notify parents of their receipt of a scholarship on a 510 first-come, first-served basis based upon the funds provided for 511 this program in the General Appropriations Act. 512 4. Establish a date by which a parent must confirm initial 513 or continuing participation in the program and confirm the 514 establishment or continuance of a personal learning scholarship 515 account. 516 5. Establish a date and process by which students on the 517 wait list or late-filing applicants may be allowed to 518 participate in the program during the school year, within the 519 amount of funds provided for this program in the General 520 Appropriations Act. 521 6. Develop an ILSP, in consultation with the parent and the 522 educational consultant, which documents the following: 523 a. That the student has an eligible disability as defined 524 in paragraph (2)(d). 525 b. Learning goals and objectives for the student which are 526 linked directly to how program funds will be spent for 527 authorized services. 528 c. How attendance requirements in s. 1003.21 will be met. 529 d. How progress toward meeting the individual learning 530 goals and objectives will be assessed and documented for 531 purposes of continued participation in the program. 532 7. Assign a funding category for each student that 533 documents the nature and intensity of services that the student 534 will need to meet the learning outcomes specified in his or her 535 ILSP. The funding category determines the amount of the award 536 for the student. 537 8. Receive an administrative fee of up to 10 percent from 538 the appropriation to operate the Florida Personal Learning 539 Scholarship Accounts. 540 9. Establish and maintain a separate account for each 541 eligible student. 542 10. Establish and maintain a list of approved providers 543 pursuant to paragraph (2)(b). 544 11. Verify eligible expenditures prior to the distribution 545 of funds for any expenditures made pursuant to paragraphs (5)(a) 546 and (b). The review of expenditures for services in paragraphs 547 (5)(c) through (g) may be completed after the payment has been 548 made. 549 12. Develop a system for payment of benefits by electronic 550 funds transfer, including, but not limited to, debit cards, 551 electronic payment cards, or any other means of electronic 552 payment that the agency deems to be commercially viable or cost 553 effective. Commodities or services related to the development of 554 such a system shall be procured by competitive solicitation 555 unless they are purchased from a state term contract pursuant to 556 s. 287.056. 557 (b) The agency may contract for services. 558 (14) FUNDING AND PAYMENT.— 559 (a) Funding for the Florida Personal Learning Scholarship 560 Accounts shall be provided in the General Appropriations Act, 561 which shall specify the annual amount per funding category for 562 public school students, private school students, home education 563 students, students receiving a scholarship pursuant to s. 564 1002.39 or s. 1002.395, and students participating in a private 565 tutoring program. 566 (b) Upon an eligible student’s graduation from an eligible 567 postsecondary educational institution or after any period of 4 568 consecutive years after high school graduation in which the 569 student is not enrolled in an eligible postsecondary educational 570 institution, the student’s personal learning scholarship account 571 shall be closed, and any remaining funds shall revert to the 572 state. 573 (c) Moneys received pursuant to this section do not 574 constitute taxable income to the eligible student or the parent 575 of an eligible student. 576 (15) OBLIGATIONS OF THE AUDITOR GENERAL.—The Auditor 577 General shall conduct an annual financial and operational audit 578 of accounts and records of the Florida Personal Learning 579 Scholarship Accounts. As a part of this audit, the Auditor 580 General shall verify, at a minimum, the total amount of students 581 served and eligibility of reimbursement made by the agency and 582 transmit that information to the agency. 583 (16) LIABILITY.—The state is not liable for the award or 584 any use of awarded funds under this section. 585 (17) SCOPE OF AUTHORITY.—This section does not expand the 586 regulatory authority of this state, its officers, or any school 587 district to impose additional regulation on participating 588 private schools, nonpublic postsecondary educational 589 institutions, and private providers beyond those reasonably 590 necessary to enforce requirements expressly set forth in this 591 section. 592 (18) RULES.—The Agency for Persons with Disabilities shall 593 adopt rules pursuant to ss. 120.536(1) and 120.54 to administer 594 this section. 595 (19) IMPLEMENTATION SCHEDULE FOR THE 2014-2015 SCHOOL 596 YEAR.— 597 (a) The Agency for Persons with Disabilities shall, in 598 consultation with an advisory work group, develop an ILSP and an 599 ILSP process, funding category requirements, a system for 600 payment of claims and providers, and a system to document and 601 assess progress toward meeting the individual learning goals and 602 objectives in the ILSP. The advisory work group shall make 603 specific recommendations to the agency by October 1, 2014. The 604 agency shall adopt rules to implement the recommendations of the 605 advisory group by December 31, 2014. The Commissioner of 606 Education, the executive director of the agency, the Chancellor 607 of the State University System, and the director of the Division 608 of Vocational Rehabilitation shall appoint staff to work on the 609 advisory group with stakeholders. 610 (b) Notwithstanding the provisions of this section related 611 to notification and eligibility timelines, the agency may enroll 612 parents in a statewide pilot program on a rolling schedule on a 613 first-come, first-served basis, no later than February 1, 2015, 614 within the amount of funds provided in the General 615 Appropriations Act. 616 (c) There is hereby appropriated for the 2014-2015 fiscal 617 year to the Agency for Persons with Disabilities a sum of $18.4 618 million from the Operations and Maintenance Trust Fund for the 619 implementation of the Personal Learning Scholarship Accounts 620 Program. From these funds, $1.5 million shall be allocated to 621 the Agency for Persons with Disabilities for startup costs for 622 planning and implementation of the pilot program. For the pilot 623 program in the 2014-2015 fiscal year, the agency shall provide 624 awards for eligible students which range from $5,000 to $19,000 625 per recipient and shall be based on funding categories 626 established by the agency. Public school students and students 627 who receive a scholarship pursuant to ss. 1002.39 and 1002.395 628 shall receive 50 percent of the designated amount for the 629 student’s funding category. 630 Section 3. Paragraph (c) is added to subsection (1), 631 paragraph (f) of subsection (2), subsection (3), subsection (5), 632 subsection (6), paragraph (e) of subsection (7), paragraphs (c) 633 and (e) of subsection (8), paragraphs (d), (j) and (o) of 634 subsection (9), and paragraph (a) of subsection (12) of section 635 1002.395, Florida Statutes, are amended, paragraphs (h) through 636 (j) of subsection (2) are redesignated as paragraphs (i) through 637 (k), respectively, and a new paragraph (h) is added to that 638 subsection, paragraph (g) is added to subsection (7), and 639 subsection (16) is added to that section, to read: 640 1002.395 Florida Tax Credit Scholarship Program.— 641 (1) FINDINGS AND PURPOSE.— 642 (c) The purpose of this section is not to prescribe the 643 standards or curriculum for private schools. A private school 644 retains the authority to determine its own standards and 645 curriculum. 646 (2) DEFINITIONS.—As used in this section, the term: 647 (f) “Eligible nonprofit scholarship-funding organization” 648 means a state university; or an independent college or 649 university that is eligible to participate in the William L. 650 Boyd, IV, Florida Resident Access Grant Program, located and 651 chartered in this state, is not for profit, and is accredited by 652 the Commission on Colleges of the Southern Association of 653 Colleges and Schools; or is a charitable organization that: 654 1. Is exempt from federal income tax pursuant to s. 655 501(c)(3) of the Internal Revenue Code; 656 2. Is a Florida entity formed under chapter 607, chapter 657 608, or chapter 617 and whose principal office is located in the 658 state; and 659 3. Complies with subsectionsthe provisions of subsection660 (6) and (16). 661 (h) “Household income” has the same meaning as the term 662 “income” is defined in the Income Eligibility Guidelines for 663 free and reduced price meals under the National School Lunch 664 Program in 7 C.F.R. part 210 as published in the Federal 665 Register by the United States Department of Agriculture. 666 (3) PROGRAM; SCHOLARSHIP ELIGIBILITY.— 667 (a) The Florida Tax Credit Scholarship Program is 668 established. 669 (b) For the 2014-2015 and 2015-2016 school years, 670 contingent upon available funds, a student is eligible for a 671 Florida tax credit scholarship under this section if the student 672 meets one or more of the following criteria: 673 1. The student qualifies for free or reduced-price school 674 lunches under the National School Lunch Act or is on the direct 675 certification list;and:676a. Was counted as a full-time equivalent student during the677previous state fiscal year for purposes of state per-student678funding;679b. Received a scholarship from an eligible nonprofit680scholarship-funding organization or from the State of Florida681during the previous school year; or682c. Is eligible to enter kindergarten through fifth grade.683 2. The student is currently placed, or during the previous 684 state fiscal year was placed, in foster care or in out-of-home 685 care as defined in s. 39.01; or.686 3. The student continues in the scholarship program as long 687 as the student’s household income level does not exceed 230 688 percent of the federal poverty level. 6894. The student, who is a first-time tax credit scholarship690recipient, is a sibling of a student who is continuing in the691scholarship program and who resides in the same household as the692student if the sibling meets one or more of the criteria693specified in subparagraphs 1. and 2. and as long as the694student’s and sibling’s household income level does not exceed695230 percent of the federal poverty level.696 (c) For the 2016-2017 school year and thereafter, 697 contingent upon available funds, a student is eligible for a 698 Florida tax credit scholarship under this section if the student 699 meets one or more of the following criteria: 700 1. The student is on the direct certification list or the 701 student’s household income level does not exceed 185 percent of 702 the federal poverty level; or 703 2. The student is currently placed, or during the previous 704 state fiscal year was placed, in foster care or in out-of-home 705 care as defined in s. 39.01. 706 707 A student who initially receives a scholarship based on 708 eligibility under subparagraph (b)2. or subparagraph (c)2. 709 remains eligible until the student graduates from high school or 710 attains the age of 21 years, whichever occurs first, regardless 711 of the student’s household income level. A sibling of a student 712 who is participating in the scholarship program under this 713 subsection is eligible for a scholarship if the student resides 714 in the same household as the sibling. 715 (5) SCHOLARSHIP FUNDING TAX CREDITS; LIMITATIONS.— 716 (a)1. The tax credit cap amount is $229 million in the 717 2012-2013 state fiscal year. 718 2. In the 2013-2014 state fiscal year and each state fiscal 719 year thereafter, the tax credit cap amount is the tax credit cap 720 amount in the prior state fiscal year. However, in any state 721 fiscal year when the annual tax credit amount for the prior 722 state fiscal year is equal to or greater than 90 percent of the 723 tax credit cap amount applicable to that state fiscal year, the 724 tax credit cap amount shall increase by 25 percent. The 725 Department of Education and Department of Revenuedepartment726 shall publish on their websitesits websiteinformation 727 identifying the tax credit cap amount when it is increased 728 pursuant to this subparagraph. 729 (b) A taxpayer may submit an application to the department 730 for a tax credit or credits under one or more of s. 211.0251, s. 731 212.1831, s. 220.1875, s. 561.1211, or s. 624.51055. 732 1. The taxpayer shall specify in the application each tax 733 for which the taxpayer requests a credit and the applicable 734 taxable year for a credit under s. 220.1875 or s. 624.51055 or 735 the applicable state fiscal year for a credit under s. 211.0251, 736 s. 212.1831, or s. 561.1211. The department shall approve tax 737 credits on a first-come, first-served basis and must obtain the 738 division’s approval beforeprior toapproving a tax credit under 739 s. 561.1211. 740 2. Within 10 days after approving an application, the 741 department shall provide a copy of its approval letter to the 742 eligible nonprofit scholarship-funding organization specified by 743 the taxpayer in the application. 744 (c) If a tax credit approved under paragraph (b) is not 745 fully used within the specified state fiscal year for credits 746 under s. 211.0251, s. 212.1831, or s. 561.1211 or against taxes 747 due for the specified taxable year for credits under s. 220.1875 748 or s. 624.51055 because of insufficient tax liability on the 749 part of the taxpayer, the unused amount may be carried forward 750 for a period not to exceed 5 years. However, any taxpayer that 751 seeks to carry forward an unused amount of tax credit must 752 submit an application to the department for approval of the 753 carryforward tax credit in the year that the taxpayer intends to 754 use the carryforward. The department must obtain the division’s 755 approval prior to approving the carryforward of a tax credit 756 under s. 561.1211. 757 (d) A taxpayer may not convey, assign, or transfer an 758 approved tax credit or a carryforward tax credit to another 759 entity unless all of the assets of the taxpayer are conveyed, 760 assigned, or transferred in the same transaction. However, a tax 761 credit under s. 211.0251, s. 212.1831, s. 220.1875, s. 561.1211, 762 or s. 624.51055 may be conveyed, transferred, or assigned 763 between members of an affiliated group of corporations if the 764 type of tax credit under s. 211.0251, s. 212.1831, s. 220.1875, 765 s. 561.1211, or s. 624.51055 remains the same. A taxpayer shall 766 notify the department of its intent to convey, transfer, or 767 assign a tax credit to another member within an affiliated group 768 of corporations. The amount conveyed, transferred, or assigned 769 is available to another member of the affiliated group of 770 corporations upon approval by the department. The department 771 shall obtain the division’s approval before approving a 772 conveyance, transfer, or assignment of a tax credit under s. 773 561.1211. 774 (e) Within any state fiscal year, a taxpayer may rescind 775 all or part of a tax credit approved under paragraph (b). The 776 amount rescinded shall become available for that state fiscal 777 year to another eligible taxpayer as approved by the department 778 if the taxpayer receives notice from the department that the 779 rescindment has been accepted by the department. The department 780 must obtain the division’s approval prior to accepting the 781 rescindment of a tax credit under s. 561.1211. Any amount 782 rescinded under this paragraph shall become available to an 783 eligible taxpayer on a first-come, first-served basis based on 784 tax credit applications received after the date the rescindment 785 is accepted by the department. 786 (f) For purposes of calculating the underpayment of 787 estimated corporate income taxes pursuant to s. 220.34 and tax 788 installment payments for taxes on insurance premiums or 789 assessments under s. 624.5092, the final amount due is the 790 amount after credits earned under s. 220.1875 or s. 624.51055 791 for contributions to eligible nonprofit scholarship-funding 792 organizations are deducted. 793 1. For purposes of determining if a penalty or interest 794 shall be imposed for underpayment of estimated corporate income 795 tax pursuant to s. 220.34(2)(d)1., a taxpayer may, after earning 796 a credit under s. 220.1875, reduce the following estimated 797 payment in that taxable year by the amount of the credit. This 798 subparagraph applies to contributions made on or after July 1, 799 2014. 800 2. For purposes of determining if a penalty under s. 801 624.5092 shall be imposed, an insurer may, after earning a 802 credit under s. 624.51055, reduce the following installment 803 payment of 27 percent of the amount of the net tax due as 804 reported on the return for the preceding year under s. 805 624.5092(2)(b) by the amount of the credit. This subparagraph 806 applies to contributions made on or after July 1, 2014. 807 (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING 808 ORGANIZATIONS.—An eligible nonprofit scholarship-funding 809 organization: 810 (a) Must comply with the antidiscrimination provisions of 811 42 U.S.C. s. 2000d. 812 (b) Must comply with the following background check 813 requirements: 814 1. All owners and operators as defined in subparagraph 815 (2)(i)1.(2)(h)1.are, beforeuponemployment or engagement to 816 provide services, subject to level 2 background screening as 817 provided under chapter 435. The fingerprints for the background 818 screening must be electronically submitted to the Department of 819 Law Enforcement and can be taken by an authorized law 820 enforcement agency or by an employee of the eligible nonprofit 821 scholarship-funding organization or a private company who is 822 trained to take fingerprints. However, the complete set of 823 fingerprints of an owner or operator may not be taken by the 824 owner or operator. The results of the state and national 825 criminal history check shall be provided to the Department of 826 Education for screening under chapter 435. The cost of the 827 background screening may be borne by the eligible nonprofit 828 scholarship-funding organization or the owner or operator. 829 2. Every 5 years following employment or engagement to 830 provide services or association with an eligible nonprofit 831 scholarship-funding organization, each owner or operator must 832 meet level 2 screening standards as described in s. 435.04, at 833 which time the nonprofit scholarship-funding organization shall 834 request the Department of Law Enforcement to forward the 835 fingerprints to the Federal Bureau of Investigation for level 2 836 screening. If the fingerprints of an owner or operator are not 837 retained by the Department of Law Enforcement under subparagraph 838 3., the owner or operator must electronically file a complete 839 set of fingerprints with the Department of Law Enforcement. Upon 840 submission of fingerprints for this purpose, the eligible 841 nonprofit scholarship-funding organization shall request that 842 the Department of Law Enforcement forward the fingerprints to 843 the Federal Bureau of Investigation for level 2 screening, and 844 the fingerprints shall be retained by the Department of Law 845 Enforcement under subparagraph 3. 846 3.AllFingerprints submitted to the Department of Law 847 Enforcement as required by this paragraph must be retained by 848 the Department of Law Enforcement in a manner approved by rule 849 and entered in the statewide automated biometric identification 850 system authorized by s. 943.05(2)(b). The fingerprints must 851 thereafter be available for all purposes and uses authorized for 852 arrest fingerprints entered in the statewide automated biometric 853 identification system pursuant to s. 943.051. 854 4. The Department of Law Enforcement shall search all 855 arrest fingerprints received under s. 943.051 against the 856 fingerprints retained in the statewide automated biometric 857 identification system under subparagraph 3. Any arrest record 858 that is identified with an owner’s or operator’s fingerprints 859 must be reported to the Department of Education. The Department 860 of Education shall participate in this search process by paying 861 an annual fee to the Department of Law Enforcement and by 862 informing the Department of Law Enforcement of any change in the 863 employment, engagement, or association status of the owners or 864 operators whose fingerprints are retained under subparagraph 3. 865 The Department of Law Enforcement shall adopt a rule setting the 866 amount of the annual fee to be imposed upon the Department of 867 Education for performing these services and establishing the 868 procedures for the retention of owner and operator fingerprints 869 and the dissemination of search results. The fee may be borne by 870 the owner or operator of the nonprofit scholarship-funding 871 organization. 872 5. A nonprofit scholarship-funding organization whose owner 873 or operator fails the level 2 background screening is notshall874not beeligible to provide scholarships under this section. 875 6. A nonprofit scholarship-funding organization whose owner 876 or operator in the last 7 years has filed for personal 877 bankruptcy or corporate bankruptcy in a corporation of which he 878 or she owned more than 20 percent shall not be eligible to 879 provide scholarships under this section. 880 7. In addition to the offenses listed in s. 435.04, a 881 person required to undergo background screening pursuant to this 882 part or authorizing statutes must not have an arrest awaiting 883 final disposition for, must not have been found guilty of, or 884 entered a plea of nolo contendere to, regardless of 885 adjudication, and must not have been adjudicated delinquent, and 886 the record must not have been sealed or expunged for, any of the 887 following offenses or any similar offense of another 888 jurisdiction: 889 a. Any authorizing statutes, if the offense was a felony. 890 b. This chapter, if the offense was a felony. 891 c. Section 409.920, relating to Medicaid provider fraud. 892 d. Section 409.9201, relating to Medicaid fraud. 893 e. Section 741.28, relating to domestic violence. 894 f. Section 817.034, relating to fraudulent acts through 895 mail, wire, radio, electromagnetic, photoelectronic, or 896 photooptical systems. 897 g. Section 817.234, relating to false and fraudulent 898 insurance claims. 899 h. Section 817.505, relating to patient brokering. 900 i. Section 817.568, relating to criminal use of personal 901 identification information. 902 j. Section 817.60, relating to obtaining a credit card 903 through fraudulent means. 904 k. Section 817.61, relating to fraudulent use of credit 905 cards, if the offense was a felony. 906 l. Section 831.01, relating to forgery. 907 m. Section 831.02, relating to uttering forged instruments. 908 n. Section 831.07, relating to forging bank bills, checks, 909 drafts, or promissory notes. 910 o. Section 831.09, relating to uttering forged bank bills, 911 checks, drafts, or promissory notes. 912 p. Section 831.30, relating to fraud in obtaining medicinal 913 drugs. 914 q. Section 831.31, relating to the sale, manufacture, 915 delivery, or possession with the intent to sell, manufacture, or 916 deliver any counterfeit controlled substance, if the offense was 917 a felony. 918 (c) Must not have an owner or operator who owns or operates 919 an eligible private school that is participating in the 920 scholarship program. 921 (d) Must provide scholarships, from eligible contributions, 922 to eligible students for the cost of: 923 1. Tuition and fees for an eligible private school; or 924 2. Transportation to a Florida public school that is 925 located outside the district in which the student resides or to 926 a lab school as defined in s. 1002.32. 927 (e) Must give first priority to eligible students who 928 received a scholarship from an eligible nonprofit scholarship 929 funding organization or from the State of Florida during the 930 previous school year. Beginning in the 2016-2017 school year, an 931 eligible nonprofit scholarship-funding organization shall give 932 priority to new applicants whose household income levels do not 933 exceed 185 percent of the federal poverty level or who are in 934 foster care or out-of-home care. 935 (f) Must provide a scholarship to an eligible student on a 936 first-come, first-served basis unless the student qualifies for 937 priority pursuant to paragraph (e). 938 (g) May not restrict or reserve scholarships for use at a 939 particular private school or provide scholarships to a child of 940 an owner or operator. 941 (h) Must allow a student in foster care or out-of-home care 942 to apply for a scholarship at any time. 943 (i)(h)Must allow an eligible student to attend any 944 eligible private school and must allow a parent to transfer a 945 scholarship during a school year to any other eligible private 946 school of the parent’s choice. 947 (j)(i)1. May use up to 3 percent of eligible contributions 948 received during the state fiscal year in which such 949 contributions are collected for administrative expenses if the 950 organization has operated under this section for at least 3 951 state fiscal years and did not have any negative financial 952 findings in its most recent audit under paragraph (m)(l). Such 953 administrative expenses must be reasonable and necessary for the 954 organization’s management and distribution of eligible 955 contributions under this section. No funds authorized under this 956 subparagraph shall be used for lobbying or political activity or 957 expenses related to lobbying or political activity. Up toNo958more thanone-third of the funds authorized for administrative 959 expenses under this subparagraph may be used for expenses 960 related to the recruitment of contributions from taxpayers. In 961 any year an eligible nonprofit scholarship funding organization 962 is permitted under this subparagraph to use eligible 963 contributions for administrative expenses, any application fee 964 charged by the organization for an application for scholarship 965 shall be expended for scholarships to students. 966 2. Must expend for annual or partial-year scholarships an 967 amount equal to or greater than 75 percent of the net eligible 968 contributions remaining after administrative expenses during the 969 state fiscal year in which such contributions are collected. No 970 more than 25 percent of such net eligible contributions may be 971 carried forward to the following state fiscal year. All amounts 972 carried forward, for audit purposes, must be specifically 973 identified for particular students, by student name and the name 974 of the school to which the student is admitted, subject to the 975 requirements of s. 1002.22, s. 1002.221, 20 U.S.C. s. 1232g, and 976 the applicable rules and regulations issued pursuant thereto. 977 Any amounts carried forward shall be expended for annual or 978 partial-year scholarships in the following state fiscal year. 979 Net eligible contributions remaining on June 30 of each year 980 that are in excess of the 25 percent that may be carried forward 981 shall be returned to the State Treasury for deposit in the 982 General Revenue Fund. 983 3. Must, before granting a scholarship for an academic 984 year, document each scholarship student’s eligibility for that 985 academic year. A scholarship-funding organization may not grant 986 multiyear scholarships in one approval process. 987 (k)(j)Must maintain separate accounts for scholarship 988 funds and operating funds. 989 (l)(k)With the prior approval of the Department of 990 Education, may transfer funds to another eligible nonprofit 991 scholarship-funding organization if additional funds are 992 required to meet scholarship demand at the receiving nonprofit 993 scholarship-funding organization. A transfer isshall belimited 994 to the greater of $500,000 or 20 percent of the total 995 contributions received by the nonprofit scholarship-funding 996 organization making the transfer. All transferred funds must be 997 deposited by the receiving nonprofit scholarship-funding 998 organization into its scholarship accounts. All transferred 999 amounts received by any nonprofit scholarship-funding 1000 organization must be separately disclosed in the annual 1001 financial and compliance audit required in this section. 1002 (m)(l)Must provide to the Auditor General and the 1003 Department of Education a report on the results of an annual 1004 financialand complianceaudit of its accounts and records 1005 conducted by an independent certified public accountantandin 1006 accordance with auditing standards generally accepted in the 1007 United States, government auditing standards, and rules 1008 promulgatedadoptedby the Auditor General. The audit report 1009must be conducted in compliance with generally accepted auditing1010standards andmust include a report on financial statements 1011 presented in accordance with generally accepted accounting 1012 principlesset forth by the American Institute of Certified1013Public Accountants for not-for-profit organizations and a1014determination of compliance with the statutory eligibility and1015expenditure requirements set forth in this section. Audit 1016 reportsAuditsmust be provided to the Auditor General and the 1017 Department of Education within 180 days after completion of the 1018 eligible nonprofit scholarship-funding organization’s fiscal 1019 year. The Auditor General shall review all audit reports 1020 submitted pursuant to this paragraph. The Auditor General shall 1021 request any significant items that were omitted in violation of 1022 a rule adopted by the Auditor General. The items must be 1023 provided within 45 days after the date of the request. If the 1024 scholarship-funding organization does not comply with the 1025 Auditor General’s request, the Auditor General shall notify the 1026 Legislative Auditing Committee. 1027 (n)(m)Must prepare and submit quarterly reports to the 1028 Department of Education pursuant to paragraph (9)(m). In 1029 addition, an eligible nonprofit scholarship-funding organization 1030 must submit in a timely manner any information requested by the 1031 Department of Education relating to the scholarship program. 1032 (o)(n)1.a. Must participate in the joint development of 1033 agreed-upon procedures to be performed by an independent 1034 certified public accountant as required under paragraph (8)(e) 1035 if the scholarship-funding organization provided more than 1036 $250,000 in scholarship funds to an eligible private school 1037 under this section during the 2009-2010 state fiscal year. The 1038 agreed-upon procedures must uniformly apply to all private 1039 schools and must determine, at a minimum, whether the private 1040 school has been verified as eligible by the Department of 1041 Education under paragraph (9)(c); has an adequate accounting 1042 system, system of financial controls, and process for deposit 1043 and classification of scholarship funds; and has properly 1044 expended scholarship funds for education-related expenses. 1045 During the development of the procedures, the participating 1046 scholarship-funding organizations shall specify guidelines 1047 governing the materiality of exceptions that may be found during 1048 the accountant’s performance of the procedures. The procedures 1049 and guidelines shall be provided to private schools and the 1050 Commissioner of Education by March 15, 2011. 1051 b. Must participate in a joint review of the agreed-upon 1052 procedures and guidelines developed under sub-subparagraph a., 1053 by February 2013 and biennially thereafter, if the scholarship 1054 funding organization provided more than $250,000 in scholarship 1055 funds to an eligible private school under this section during 1056 the state fiscal year preceding the biennial review. If the 1057 procedures and guidelines are revised, the revisions must be 1058 provided to private schools and the Commissioner of Education by 1059 March 15, 2013, and biennially thereafter. 1060 c. Must monitor the compliance of a private school with 1061 paragraph (8)(e) if the scholarship-funding organization 1062 provided the majority of the scholarship funding to the school. 1063 For each private school subject to paragraph (8)(e), the 1064 appropriate scholarship-funding organization shall notify the 1065 Commissioner of Education by October 30, 2011, and annually 1066 thereafter of: 1067 (I) A private school’s failure to submit a report required 1068 under paragraph (8)(e); or 1069 (II) Any material exceptions set forth in the report 1070 required under paragraph (8)(e). 1071 2. Must seek input from the accrediting associations that 1072 are members of the Florida Association of Academic Nonpublic 1073 Schools when jointly developing the agreed-upon procedures and 1074 guidelines under sub-subparagraph 1.a. and conducting a review 1075 of those procedures and guidelines under sub-subparagraph 1.b. 1076 (p) Must maintain the surety bond or letter of credit 1077 required by subsection (16). The amount of the surety bond or 1078 letter of credit may be adjusted quarterly to equal the actual 1079 amount of undisbursed funds based upon submission by the 1080 organization of a statement from a certified public accountant 1081 verifying the amount of undisbursed funds. The requirements of 1082 this paragraph are waived if the cost of acquiring a surety bond 1083 or letter of credit exceeds the average 10-year cost of 1084 acquiring a surety bond or letter of credit by 200 percent. The 1085 requirements of this paragraph are waived for a state 1086 university; or an independent college or university which is 1087 eligible to participate in the William L. Boyd, IV, Florida 1088 Resident Access Grant Program, located and chartered in this 1089 state, is not for profit, and is accredited by the Commission on 1090 Colleges of the Southern Association of Colleges and Schools. 1091 (q) Must provide to the Auditor General any information or 1092 documentation requested in connection with an operational audit 1093 of a scholarship funding organization conducted pursuant to s. 1094 11.45. 1095 1096Any and allInformation and documentation provided to the 1097 Department of Education and the Auditor General relating to the 1098 identity of a taxpayer that provides an eligible contribution 1099 under this section shall remain confidential at all times in 1100 accordance with s. 213.053. 1101 (7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 1102 PARTICIPATION.— 1103 (e) The parent shall ensure that the student participating 1104 in the scholarship program takes the norm-referenced assessment 1105 offered by the private school. The parent may also choose to 1106 have the student participate in the statewide assessments 1107 pursuant to s. 1008.22. If the parent requests that the student 1108 participating in the scholarship program take statewide 1109 assessments pursuant to s. 1008.22 and the private school has 1110 not chosen to offer and administer the statewide assessments, 1111 the private schoolparentis responsible for transporting the 1112 student in a manner as agreed upon by the parent, which may 1113 include but not be limited to transportation by the parent, to 1114 the assessment site designated by the school district, and for 1115 making arrangements for the student to take the assessments at 1116 an assessment site designated by the school district in 1117 accordance with the district’s assessment schedule. 1118 (g) The parent shall authorize the nonprofit scholarship 1119 funding organization to access information needed for income 1120 eligibility determination and verification held by other state 1121 or federal agencies, including the Department of Revenue, the 1122 Department of Children and Families, the Department of 1123 Education, the Department of Economic Opportunity, and the 1124 Agency for Health Care Administration. 1125 (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible 1126 private school may be sectarian or nonsectarian and must: 1127 (c) Be academically accountable to the parent for meeting 1128 the educational needs of the student by: 1129 1. At a minimum, annually providing to the parent a written 1130 explanation of the student’s progress. 1131 2. Annually administering or making provision for students 1132 participating in the scholarship program in grades 3 through 10 1133 to take one of the nationally norm-referenced tests identified 1134 by the Department of Education or the statewide assessments 1135 pursuant to s. 1008.22. Students with disabilities for whom 1136 standardized testing is not appropriate are exempt from this 1137 requirement. A participating private school must report a 1138 student’s scores to the parent. A participating private school 1139 must annually report by August 15 the scores of all 1140 participating students to the Learning System Institute 1141independent research organizationdescribed in paragraph (9)(j). 1142 3. ProvidingCooperating withthe scholarship student whose 1143 parent chooses to have the student participate in the statewide 1144 assessments pursuant to s. 1008.22, transportation in a manner 1145 as agreed upon by the parent, which may include but not limited 1146 to transportation by the parent, to the assessment site 1147 designated by the school district, and making arrangements for 1148 the student to take the assessments at an assessment site 1149 designated by the school district in accordance with the 1150 district’s assessment schedule or, if a private school chooses 1151 to offer the statewide assessments, administering the 1152 assessments at the school. 1153 a. A participating private school may choose to offer and 1154 administer the statewide assessments to all students who attend 1155 the private school in grades 3 through 10. 1156 b. A participating private school must submit a request in 1157 writing to the Department of Education by March 1 of each year 1158 in order to administer the statewide assessments in the 1159 subsequent school year. 1160 (e) Annually contract with an independent certified public 1161 accountant to perform the agreed-upon procedures developed under 1162 paragraph (6)(o)(6)(n)and produce a report of the results if 1163 the private school receives more than $250,000 in funds from 1164 scholarships awarded under this section in the 2010-2011 state 1165 fiscal year or a state fiscal year thereafter. A private school 1166 subject to this paragraph must submit the report by September 1167 15, 2011, and annually thereafter to the scholarship-funding 1168 organization that awarded the majority of the school’s 1169 scholarship funds. The agreed-upon procedures must be conducted 1170 in accordance with attestation standards established by the 1171 American Institute of Certified Public Accountants. 1172 1173 The inability of a private school to meet the requirements of 1174 this subsection shall constitute a basis for the ineligibility 1175 of the private school to participate in the scholarship program 1176 as determined by the Department of Education. 1177 (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of 1178 Education shall: 1179 (d) Annually verify the eligibility of expenditures as 1180 provided in paragraph (6)(d) using the audit required by 1181 paragraph (6)(m) and s. 11.45(2)(k)(6)(l). 1182 (j) Issue a project grant award to the Learning System 1183 Institute at the Florida State UniversitySelect an independent1184research organization, which may be a public or private entity1185or university, to which participating private schools must 1186 report the scores of participating students on the nationally 1187 norm-referenced tests or the statewide assessments administered 1188 by the private school in grades 3 through 10. The project term 1189 is 2 years, and the amount of the project is up to $500,000 per 1190 year. The project grant award must be reissued in 2 year 1191 intervals in accordance with this paragraph. 1192 1. The Learning System Instituteindependent research1193organizationmust annually report to the Department of Education 1194 on the student performanceyear-to-year learning gainsof 1195 participating students: 1196 a. On a statewide basis. The report shall also include, to 1197 the extent possible, a comparison of scholarship students’ 1198 performancetheselearning gainsto the statewide student 1199 performancelearning gainsof public school students with 1200 socioeconomic backgrounds similar to those of students 1201 participating in the scholarship program. To minimize costs and 1202 reduce time required for the Learning System Institute’s 1203independent research organization’sanalysis and evaluation, the 1204 Department of Education shall coordinate with the Learning 1205 System Institute to provide data to the Learning System 1206 Institute in order to conduct analyses of matched students from 1207 public school assessment data and calculate control group 1208 student performancelearning gainsusing an agreed-upon 1209 methodologyoutlined in the contractwith the Learning System 1210 Instituteindependent research organization; and 1211 b. On an individual school basis. The annual report must 1212 include student performance for each participating private 1213 school in which at least 51 percent of the total enrolled 1214 students in the private school participated in the Florida Tax 1215 Credit Scholarship Program in the prior school year. The report 1216 shall be according to each participating private school, and for 1217 participating students, in which there are at least 30 1218 participating students who have scores for tests administered 1219during or after the 2009-2010 school year for 2 consecutive1220years at that private school. If the Learning System Institute 1221 determines that the 30 participating student cell size may be 1222 reduced without disclosing personally identifiable information, 1223 as described in 34 C.F.R. 99.12, of a participating student, the 1224 Learning System Institute may reduce the participating student 1225 cell size, but the cell size must not be reduced to less than 10 1226 participating students. The department shall provide each 1227 private school’s prior school year’s student enrollment 1228 information to the Learning System Institute no later than June 1229 15 of each year, or as requested by the Learning System 1230 Institute. 1231 2. The sharing and reporting of student performance 1232learning gaindata under this paragraph must be in accordance 1233 with requirements of s. 1002.22, s. 1002.221, 20 U.S.C. s. 1234 1232g, the Family Educational Rights and Privacy Act, and the 1235 applicable rules and regulations issued pursuant thereto, and 1236 shall be for the sole purpose of creating the annual report 1237 required by subparagraph 1. All parties must preserve the 1238 confidentiality of such information as required by law. The 1239 annual report must not disaggregate data to a level that will 1240 identify individual participating schools, except as required 1241 under sub-subparagraph 1.b., or disclose the academic level of 1242 individual students. 1243 3. The annual report required by subparagraph 1. shall be 1244 published by the Department of Education on its website. 1245 (o) Provide a process to match the direct certification 1246 list with the scholarship application data submitted by any 1247 nonprofit scholarship-funding organization eligible to receive 1248 the 3-percent administrative allowance under paragraph (6)(j) 1249(6)(i). 1250 (12) SCHOLARSHIP AMOUNT AND PAYMENT.— 1251 (a)1.Except as provided in subparagraph 2., the amount of 1252 a scholarship provided to any student for any single school year 1253 by an eligible nonprofit scholarship-funding organization from 1254 eligible contributions shall be for total costs authorized under 1255 paragraph (6)(d), not to exceed annual limits, which shall be 1256 determined as follows: 1257 1.a. For a scholarship awarded to a student enrolled in an 1258 eligible private school:1259(I) For the 2009-2010 state fiscal year, the limit shall be1260$3,950.1261(II) For the 2010-2011 state fiscal year, the limit shall1262be 60 percent of the unweighted FTE funding amount for that1263year.1264(III) For the 2011-2012 state fiscal year and thereafter, 1265 the limit shall be determined by multiplying the unweighted FTE 1266 funding amount in that state fiscal year by the percentage used 1267 to determine the limit in the prior state fiscal year. However, 1268 in each state fiscal year that the tax credit cap amount 1269 increases pursuant to paragraph (5)(a)subparagraph (5)(a)2., 1270 the prior year percentage shall be increased by 4 percentage 1271 points and the increased percentage shall be used to determine 1272 the limit for that state fiscal year. If the percentage so 1273 calculated reaches 80 percent in a state fiscal year, no further 1274 increase in the percentage is allowed and the limit shall be 80 1275 percent of the unweighted FTE funding amount for that state 1276 fiscal year and thereafter. Beginning in the 2016-2017 state 1277 fiscal year, the amount of a scholarship awarded to a student 1278 enrolled in an eligible private school shall be equal to 82 1279 percent of the unweighted FTE funding amount for that state 1280 fiscal year and thereafter. 1281 b. For a scholarship awarded to a student enrolled in a 1282 Florida public school that is located outside the district in 1283 which the student resides or in a lab school as defined in s. 1284 1002.32, the limit shall be $500. 1285 2. The annual limit for a scholarship under sub 1286 subparagraph 1.a. shall be reduced by: 1287 a. Twenty-five percent if the student’s household income 1288 level is equal to or greater than 200 percent, but less than 215 1289 percent, of the federal poverty level. 1290 b. Fifty percent if the student’s household income level is 1291 equal to or greater than 215 percent, but equal to or less than 1292 230 percent, of the federal poverty level. 1293 (16) NONPROFIT SCHOLARSHIP-FUNDING ORGANIZATIONS; 1294 APPLICATION.—In order to participate in the scholarship program 1295 created under this section, a charitable organization that seeks 1296 to be a nonprofit scholarship-funding organization must submit 1297 an application for initial approval or renewal to the Office of 1298 Independent Education and Parental Choice no later than 1299 September 1 of each year before the school year for which the 1300 organization intends to offer scholarships. 1301 (a) An application for initial approval must include: 1302 1. A copy of the organization’s incorporation documents and 1303 registration with the Division of Corporations of the Department 1304 of State. 1305 2. A copy of the organization’s Internal Revenue Service 1306 determination letter as a s. 501(c)(3) not-for-profit 1307 organization. 1308 3. A description of the organization’s financial plan that 1309 demonstrates sufficient funds to operate throughout the school 1310 year. 1311 4. A description of the geographic region that the 1312 organization intends to serve and an analysis of the demand and 1313 unmet need for eligible students in that area. 1314 5. The organization’s organizational chart. 1315 6. A description of the criteria and methodology that the 1316 organization will use to evaluate scholarship eligibility. 1317 7. A description of the application process, including 1318 deadlines and any associated fees. 1319 8. A description of the deadlines for attendance 1320 verification and scholarship payments. 1321 9. A copy of the organization’s policies on conflict of 1322 interest and whistleblowers. 1323 10. A copy of a surety bond or letter of credit in an 1324 amount equal to 25 percent of the scholarship funds anticipated 1325 for each school year or $100,000, whichever is greater. 1326 (b) In addition to the information required by 1327 subparagraphs (a)1.-9., an application for renewal must include: 1328 1. A surety bond or letter of credit equal to the amount of 1329 undisbursed donations held by the organization based on the 1330 annual report submitted pursuant to paragraph (6)(m). The amount 1331 of the surety bond or letter of credit must be at least 1332 $100,000, but not more than $25 million. 1333 2. The organization’s completed Internal Revenue Service 1334 Form 990 submitted no later than November 30 of the year before 1335 the school year that the organization intends to offer the 1336 scholarships, notwithstanding the September 1 application 1337 deadline. 1338 3. A copy of the statutorily required audit to the 1339 Department of Education and Auditor General. 1340 4. An annual report that includes: 1341 a. The number of students who completed applications, by 1342 county and by grade. 1343 b. The number of students who were approved for 1344 scholarships, by county and by grade. 1345 c. The number of students who received funding for 1346 scholarships within each funding category, by county and by 1347 grade. 1348 d. The amount of funds received, the amount of funds 1349 distributed in scholarships, and an accounting of remaining 1350 funds and the obligation of those funds. 1351 e. A detailed accounting of how the organization spent the 1352 administrative funds allowable under paragraph (6)(j). 1353 (c) In consultation with the Department of Revenue and the 1354 Chief Financial Officer, the Office of Independent Education and 1355 Parental Choice shall review the application. The Department of 1356 Education shall notify the organization in writing of any 1357 deficiencies within 30 days after receipt of the application and 1358 allow the organization 30 days to correct any deficiencies. 1359 (d) Within 30 days after receipt of the finalized 1360 application by the Office of Independent Education and Parental 1361 Choice, the Commissioner of Education shall recommend approval 1362 or disapproval of the application to the State Board of 1363 Education. The State Board of Education shall consider the 1364 application and recommendation at the next scheduled meeting, 1365 adhering to appropriate meeting notice requirements. If the 1366 State Board of Education disapproves the organization’s 1367 application, it shall provide the organization with a written 1368 explanation of that determination. The State Board of 1369 Education’s action is not subject to chapter 120. 1370 (e) If the State Board of Education disapproves the renewal 1371 of a nonprofit scholarship-funding organization, the 1372 organization must notify the affected eligible students and 1373 parents of the decision within 15 days after disapproval. An 1374 eligible student affected by the disapproval of an 1375 organization’s participation remains eligible under this section 1376 until the end of the school year in which the organization was 1377 disapproved. The student must apply and be accepted by another 1378 eligible nonprofit scholarship-funding organization for the 1379 upcoming school year. The student shall be given priority in 1380 accordance with paragraph (6)(f). 1381 (f) All remaining funds held by a nonprofit scholarship 1382 funding organization that is disapproved for participation must 1383 revert to the Department of Revenue for redistribution to other 1384 eligible nonprofit scholarship-funding organizations. 1385 (g) A nonprofit scholarship-funding organization is a 1386 renewing organization if it maintains continuous approval and 1387 participation in the program. An organization that chooses not 1388 to participate for 1 year or more or is disapproved to 1389 participate for 1 year or more must submit an application for 1390 initial approval in order to participate in the program again. 1391 (h) The State Board of Education shall adopt rules 1392 providing guidelines for receiving, reviewing, and approving 1393 applications for new and renewing nonprofit scholarship-funding 1394 organizations. The rules must include a process for compiling 1395 input and recommendations from the Chief Financial Officer, the 1396 Department of Revenue, and the Department of Education. The 1397 rules must also require that the nonprofit scholarship-funding 1398 organization make a brief presentation to assist the State Board 1399 of Education in its decision. 1400 (i) A state university; or an independent college or 1401 university which is eligible to participate in the William L. 1402 Boyd, IV, Florida Resident Access Grant Program, located and 1403 chartered in this state, is not for profit, and is accredited by 1404 the Commission on Colleges of the Southern Association of 1405 Colleges and Schools, is exempt from the initial or renewal 1406 application process, but must file a registration notice with 1407 the Department of Education to be an eligible nonprofit 1408 scholarship-funding organization. The State Board of Education 1409 shall adopt rules that identify the procedure for filing the 1410 registration notice with the department. The rules must identify 1411 appropriate reporting requirements for fiscal, programmatic, and 1412 performance accountability purposes consistent with this 1413 section, but shall not exceed the requirements for eligible 1414 nonprofit scholarship-funding organizations for charitable 1415 organizations. An nonprofit scholarship-funding organization 1416 that becomes eligible pursuant to this paragraph may begin 1417 providing scholarships to participating students in the 2015 1418 2016 school year. 1419 Section 4. A nonprofit scholarship-funding organization 1420 whose application for participation in the program established 1421 by s. 1002.395, Florida Statutes, was approved before July 1, 1422 2014, must, by August 1, 2014, provide a copy of a surety bond 1423 or letter of credit meeting the requirements of s. 1002.395(16), 1424 Florida Statutes, to the Office of Independent Education and 1425 Parental Choice. 1426 Section 5. Present subsection (10) of section 1003.4282, 1427 Florida Statutes, is renumbered as subsection (11), and a new 1428 subsection (10) is added to that section, to read: 1429 1003.4282 Requirements for a standard high school diploma.— 1430 (10) STUDENTS WITH DISABILITIES.—Beginning with students 1431 entering grade 9 in the 2014-2015 school year, this subsection 1432 applies to a student with a disability. 1433 (a) A parent of the student with a disability shall, in 1434 collaboration with the individual education plan (IEP) team 1435 during the transition planning process pursuant to s. 1003.5716, 1436 declare an intent for the student to graduate from high school 1437 with either a standard high school diploma or a certificate of 1438 completion. A student with a disability who does not satisfy the 1439 standard high school diploma requirements pursuant to this 1440 section shall be awarded a certificate of completion. 1441 (b) The following options, in addition to the other options 1442 specified in this section, may be used to satisfy the standard 1443 high school diploma requirements, as specified in the student’s 1444 individual education plan: 1445 1. For a student with a disability for whom the IEP team 1446 has determined that the Florida Alternate Assessment is the most 1447 appropriate measure of the student’s skills: 1448 a. A combination of course substitutions, assessments, 1449 industry certifications, and other acceleration options 1450 appropriate to the student’s unique skills and abilities that 1451 meet the criteria established by State Board of Education rule. 1452 b. A portfolio of quantifiable evidence that documents a 1453 student’s mastery of academic standards through rigorous metrics 1454 established by State Board of Education rule. A portfolio may 1455 include, but is not limited to, documentation of work 1456 experience, internships, community service, and postsecondary 1457 credit. 1458 2. For a student with a disability for whom the IEP team 1459 has determined that mastery of academic and employment 1460 competencies is the most appropriate way for a student to 1461 demonstrate his or her skills: 1462 a. Documented completion of the number of course credits 1463 prescribed by the district school board in the district student 1464 progression plan pursuant to s. 1008.25. 1465 b. Documented achievement of all annual goals and short 1466 term objectives for academic and employment competencies and 1467 industry certifications specified in the student’s transition 1468 plan. The documentation must be verified by the IEP team. 1469 c. Documented successful employment for the number of hours 1470 per week specified in the student’s transition plan, for the 1471 equivalent of 1 semester, and payment of a minimum wage in 1472 compliance with the requirements of the federal Fair Labor 1473 Standards Act. 1474 d. Documented mastery of the academic and employment 1475 competencies and industry certifications specified in the 1476 student’s transition plan. The documentation must be verified by 1477 the IEP team, the employer, and the teacher. The transition plan 1478 must be developed and signed by the student, parent, teacher, 1479 and employer before placement in employment and must identify 1480 the following: 1481 (I) The expected academic and employment competencies and 1482 industry certifications; 1483 (II) The criteria for determining and certifying mastery of 1484 the competencies; 1485 (III) The work schedule and the minimum number of hours to 1486 be worked per week; and 1487 (IV) A description of the supervision to be provided by the 1488 school district. 1489 1490 The State Board of Education shall adopt rules under ss. 1491 120.536(1) and 120.54 to implement this subparagraph, including 1492 rules that establish the minimum requirements for students 1493 described in this subparagraph to earn a standard high school 1494 diploma. 1495 (c) A student with a disability who meets the standard high 1496 school diploma requirements in this section may defer the 1497 receipt of a standard high school diploma if the student: 1498 1. Has an individual education plan that prescribes special 1499 education, transition planning, transition services, or related 1500 services through age 21; and 1501 2. Is enrolled in accelerated college credit instruction 1502 pursuant to s. 1007.27, industry certification courses that lead 1503 to college credit, a collegiate high school program, courses 1504 necessary to satisfy the Scholar designation requirements, or a 1505 structured work-study, internship, or preapprenticeship program. 1506 (d) A student with a disability who receives a certificate 1507 of completion and has an individual education plan that 1508 prescribes special education, transition planning, transition 1509 services, or related services through 21 years of age may 1510 continue to receive the specified instruction and services. 1511 (e) Any waiver of the statewide, standardized assessment 1512 requirements by the individual education plan team, pursuant to 1513 s. 1008.22(3)(c), must be approved by the parent and is subject 1514 to verification for appropriateness by an independent reviewer 1515 selected by the parent as provided for in s. 1003.572. 1516 Section 6. Effective July 1, 2015, section 1003.438, 1517 Florida Statutes, is repealed. 1518 Section 7. Section 1003.5716, Florida Statutes, is created 1519 to read: 1520 1003.5716 Transition to postsecondary education and career 1521 opportunities.—All students with disabilities who are 3 years of 1522 age to 21 years of age have the right to a free, appropriate 1523 public education. As used in this section, the term “IEP” means 1524 individual education plan. 1525 (1) To ensure quality planning for a successful transition 1526 of a student with a disability to postsecondary education and 1527 career opportunities, an IEP team shall begin the process of, 1528 and develop an IEP for, identifying the need for transition 1529 services before the student with a disability attains the age of 1530 14 years in order for his or her postsecondary goals and career 1531 goals to be identified and in place when he or she attains the 1532 age of 16 years. This process must include, but is not limited, 1533 to: 1534 (a) Consideration of the student’s need for instruction in 1535 the area of self-determination and self-advocacy to assist the 1536 student’s active and effective participation in an IEP meeting; 1537 and 1538 (b) Preparation for the student to graduate from high 1539 school with a standard high school diploma pursuant to s. 1540 1003.4282 with a Scholar designation unless the parent chooses a 1541 Merit designation. 1542 (2) Beginning not later than the first IEP to be in effect 1543 when the student turns 16, or younger, if determined appropriate 1544 by the parent and the IEP team, the IEP must include the 1545 following statements that must be updated annually: 1546 (a) A statement of intent to pursue a standard high school 1547 diploma and a Scholar or Merit designation, pursuant to s. 1548 1003.4285, as determined by the parent. 1549 (b) A statement of intent to receive a standard high school 1550 diploma before the student reaches the age of 22 and a 1551 description of how the student will fully meet the requirements 1552 in s. 1003.428 or s. 1003.4282, as applicable, including, but 1553 not limited to, a portfolio pursuant to s. 1003.4282(10)(b) that 1554 meets the criteria specified in State Board of Education rule. 1555 The IEP must also specify the outcomes and additional benefits 1556 expected by the parent and the IEP team at the time of the 1557 student’s graduation. 1558 (c) A statement of appropriate measurable long-term 1559 postsecondary education and career goals based upon age 1560 appropriate transition assessments related to training, 1561 education, employment, and, if appropriate, independent living 1562 skills and the transition services, including courses of study 1563 needed to assist the student in reaching those goals. 1564 (3) Any change in the IEP for the goals specified in 1565 subsection (2) must be approved by the parent and is subject to 1566 verification for appropriateness by an independent reviewer 1567 selected by the parent as provided in s. 1003.572. 1568 (4) If a participating agency responsible for transition 1569 services, other than the school district, fails to provide the 1570 transition services described in the IEP, the school district 1571 shall reconvene the IEP team to identify alternative strategies 1572 to meet the transition objectives for the student that are 1573 specified in the IEP. However, this does not relieve any 1574 participating agency of the responsibility to provide or pay for 1575 any transition service that the agency would otherwise provide 1576 to students with disabilities who meet the eligibility criteria 1577 of that agency. 1578 Section 8. Subsection (3) of section 1003.572, Florida 1579 Statutes, is amended to read: 1580 1003.572 Collaboration of public and private instructional 1581 personnel.— 1582 (3) Private instructional personnel who are hired or 1583 contracted by parents to collaborate with public instructional 1584 personnel must be permitted to observe the student in the 1585 educational setting, collaborate with instructional personnel in 1586 the educational setting, and provide services in the educational 1587 setting according to the following requirements: 1588 (a) The student’s public instructional personnel and 1589 principal consent to the time and place. 1590 (b) The private instructional personnel satisfy the 1591 requirements of s. 1012.32 or s. 1012.321. 1592 1593 For the purpose of implementing this subsection, a school 1594 district may not impose any requirements beyond those 1595 requirements specified in this subsection or charge any fees. 1596 Section 9. Section 1008.2121, Florida Statutes, is created 1597 to read: 1598 1008.2121 Students with severe cognitive or physical 1599 disabilities; permanent exemption.—Based on information that a 1600 reasonably prudent person would rely upon, including, but not 1601 limited to, facts contained within an individual education plan 1602 under s. 1008.212, documentation from an appropriate health care 1603 provider, or certification from the district school board 1604 superintendent, the Commissioner of Education shall 1605 perfunctorily grant a permanent exemption to a student who 1606 suffers from such a severe cognitive disability or physical 1607 disability that the student permanently lacks the capacity to 1608 take statewide, standardized assessments. The State Board of 1609 Education shall adopt rules to administer this section, 1610 including, but not limited to, expediting the exemption process 1611 to demonstrate the utmost compassion and consideration for 1612 meeting the parent’s and student’s needs. 1613 Section 10. Paragraph (c) of subsection (5) and paragraph 1614 (b) of subsection (6) of section 1008.25, Florida Statutes, are 1615 amended to read: 1616 1008.25 Public school student progression; remedial 1617 instruction; reporting requirements.— 1618 (5) READING DEFICIENCY AND PARENTAL NOTIFICATION.— 1619 (c) The parent of any student who exhibits a substantial 1620 deficiency in reading, as described in paragraph (a), must be 1621 notified in writing of the following: 1622 1. That his or her child has been identified as having a 1623 substantial deficiency in reading. 1624 2. A description of the current services that are provided 1625 to the child. 1626 3. A description of the proposed supplemental instructional 1627 services and supports that will be provided to the child that 1628 are designed to remediate the identified area of reading 1629 deficiency. 1630 4. That if the child’s reading deficiency is not remediated 1631 by the end of grade 3, the child must be retained unless he or 1632 she is exempt from mandatory retention for good cause. 1633 5. Strategies for parents to use in helping their child 1634 succeed in reading proficiency. 1635 6. That the Florida Comprehensive Assessment Test (FCAT) is 1636 not the sole determiner of promotion and that additional 1637 evaluations, portfolio reviews, and assessments are available to 1638 the child to assist parents and the school district in knowing 1639 when a child is reading at or above grade level and ready for 1640 grade promotion. 1641 7. The district’s specific criteria and policies for a 1642 portfolio as provided in subparagraph (6)(b)4. and the evidence 1643 required for a student to demonstrate mastery of Florida’s 1644 academic standards for English Language Arts. A parent of a 1645 student in grade 3 who is identified anytime during the year as 1646 being at risk of retention may request that the school 1647 immediately begin collecting evidence for a portfolio. 1648 8.7.The district’s specific criteria and policies for 1649 midyear promotion. Midyear promotion means promotion of a 1650 retained student at any time during the year of retention once 1651 the student has demonstrated ability to read at grade level. 1652 (6) ELIMINATION OF SOCIAL PROMOTION.— 1653 (b) The district school board may only exempt students from 1654 mandatory retention, as provided in paragraph (5)(b), for good 1655 cause. A student who is promoted to grade 4 with a good cause 1656 exemption shall be provided intensive reading instruction and 1657 intervention that include specialized diagnostic information and 1658 specific reading strategies to meet the needs of each student so 1659 promoted. The school district shall assist schools and teachers 1660 with the implementation of reading strategies for students 1661 promoted with a good cause exemption which research has shown to 1662 be successful in improving reading among students that have 1663 reading difficulties. Good cause exemptions shall be limited to 1664 the following: 1665 1. Limited English proficient students who have had less 1666 than 2 years of instruction in an English for Speakers of Other 1667 Languages program. 1668 2. Students with disabilities whose individual education 1669 plan indicates that participation in the statewide assessment 1670 program is not appropriate, consistent with the requirements of 1671 State Board of Education rule. 1672 3. Students who demonstrate an acceptable level of 1673 performance on an alternative standardized reading or English 1674 Language Arts assessment approved by the State Board of 1675 Education. 1676 4. A student who demonstrates through a student portfolio 1677 that he or she is performing at least at Level 2 on FCAT Reading 1678 or the common core English Language Arts assessment, as 1679 applicable under s. 1008.22. 1680 5. Students with disabilities who participate in FCAT 1681 Reading or the common core English Language Arts assessment, as 1682 applicable under s. 1008.22, and who have an individual 1683 education plan or a Section 504 plan that reflects that the 1684 student has received intensive remediation in reading and 1685 English Language Arts for more than 2 years but still 1686 demonstrates a deficiency and was previously retained in 1687 kindergarten, grade 1, grade 2, or grade 3. 1688 6. Students who have received intensive reading 1689 intervention for 2 or more years but still demonstrate a 1690 deficiency in reading and who were previously retained in 1691 kindergarten, grade 1, grade 2, or grade 3 for a total of 2 1692 years. A student may not be retained more than once in grade 3. 1693 7.6.Students who have received intensive remediation in 1694 reading and English Language Arts, as applicable under s. 1695 1008.22, for 2 or more years but still demonstrate a deficiency 1696 and who were previously retained in kindergarten, grade 1, grade 1697 2, or grade 3 for a total of 2 years. Intensive instruction for 1698 students so promoted must include an altered instructional day 1699 that includes specialized diagnostic information and specific 1700 reading strategies for each student. The district school board 1701 shall assist schools and teachers to implement reading 1702 strategies that research has shown to be successful in improving 1703 reading among low-performing readers. 1704 Section 11. Effective July 1, 2015, paragraph (c) of 1705 subsection (1) of section 120.81, Florida Statutes, is amended 1706 to read: 1707 120.81 Exceptions and special requirements; general areas.— 1708 (1) EDUCATIONAL UNITS.— 1709 (c) Notwithstanding s. 120.52(16), any tests, test scoring 1710 criteria, or testing procedures relating to student assessment 1711 which are developed or administered by the Department of 1712 Education pursuant to s. 1003.428, s. 1003.429,s. 1003.438,s. 1713 1008.22, or s. 1008.25, or any other statewide educational tests 1714 required by law, are not rules. 1715 Section 12. Effective July 1, 2015, paragraph (a) of 1716 subsection (2) of section 409.1451, Florida Statutes, is amended 1717 to read: 1718 409.1451 The Road-to-Independence Program.— 1719 (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.— 1720 (a) A young adult is eligible for services and support 1721 under this subsection if he or she: 1722 1. Was living in licensed care on his or her 18th birthday 1723 or is currently living in licensed care; or was at least 16 1724 years of age and was adopted from foster care or placed with a 1725 court-approved dependency guardian after spending at least 6 1726 months in licensed care within the 12 months immediately 1727 preceding such placement or adoption; 1728 2. Spent at least 6 months in licensed care before reaching 1729 his or her 18th birthday; 1730 3. Earned a standard high school diploma or its equivalent 1731 pursuant to s. 1003.428, s. 1003.4281, s. 1003.429, or s. 1732 1003.435, or s. 1003.438; 1733 4. Has been admitted for enrollment as a full-time student 1734 or its equivalent in an eligible postsecondary educational 1735 institution as provided in s. 1009.533. For purposes of this 1736 section, the term “full-time” means 9 credit hours or the 1737 vocational school equivalent. A student may enroll part-time if 1738 he or she has a recognized disability or is faced with another 1739 challenge or circumstance that would prevent full-time 1740 attendance. A student needing to enroll part-time for any reason 1741 other than having a recognized disability must get approval from 1742 his or her academic advisor; 1743 5. Has reached 18 years of age but is not yet 23 years of 1744 age; 1745 6. Has applied, with assistance from the young adult’s 1746 caregiver and the community-based lead agency, for any other 1747 grants and scholarships for which he or she may qualify; 1748 7. Submitted a Free Application for Federal Student Aid 1749 which is complete and error free; and 1750 8. Signed an agreement to allow the department and the 1751 community-based care lead agency access to school records. 1752 Section 13. Effective July 1, 2015, subsection (4) of 1753 section 1007.263, Florida Statutes, is amended to read: 1754 1007.263 Florida College System institutions; admissions of 1755 students.—Each Florida College System institution board of 1756 trustees is authorized to adopt rules governing admissions of 1757 students subject to this section and rules of the State Board of 1758 Education. These rules shall include the following: 1759 (4) A student who has been awardeda special diploma as1760defined in s. 1003.438 ora certificate of completion as defined 1761 in s. 1003.428(7)(b) is eligible to enroll in certificate career 1762 education programs. 1763 1764 Each board of trustees shall establish policies that notify 1765 students about developmental education options for improving 1766 their communication or computation skills that are essential to 1767 performing college-level work, including tutoring, extended time 1768 in gateway courses, free online courses, adult basic education, 1769 adult secondary education, or private provider instruction. 1770 Section 14. Except as otherwise expressly provided in this 1771 act, this act shall take effect upon becoming a law. 1772