The amendment updates the rule that governs the administration of the Hope Scholarship Program. House Bill 1403 (2024) streamlined many of the provisions to the Hope Scholarship Program, including its original funding source ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0951The Hope Scholarship Program

PURPOSE AND EFFECT: The amendment updates the rule that governs the administration of the Hope Scholarship Program. House Bill 1403 (2024) streamlined many of the provisions to the Hope Scholarship Program, including its original funding source (sales tax contributions from motor vehicle sales) and merged it with the Florida Tax Credit Scholarship, but its requirements for parental notification for the incidents in s. 1002.40(3), F.S., remain.

SUMMARY: This amendment makes changes primarily due to the passage of HB 1403 (2024).

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based upon the nature of the changes, this proposed rule amendment is not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and will not require legislative ratification. This determination is based upon the nature of the changes.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1001.02(1), (2)(n), 1002.40(5), F.S.

LAW IMPLEMENTED: 1002.40, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: November 20, 2024, 10:00 a.m.

PLACE: Caribe Royale Orlando, 8101 World Center Drive, Caribbean 1 and 2, Orlando, Florida 32821.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Adam Emerson, Executive Director, Independent Education and Parental Choice, 325 W. Gaines St., Suite 1044, Tallahassee, FL 32399 [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0951 The Hope Scholarship Program.

(1) Eligibility of nonprofit scholarship-funding organizations. A nonprofit scholarship-funding organization (SFO) that is approved pursuant to Section 1002.395, F.S., may provide a scholarship for students subjected to a qualifying incident to attend an eligible private school pursuant to Section 1002.40(4), F.S. establish Hope Scholarships for eligible students.

(2) Eligibility of private schools. A private school is eligible to participate in the Hope Scholarship Program if it complies with all requirements for private schools participating in state school choice scholarship programs pursuant to Sections 1002.40, and 1002.421, F.S., and State Board of Education Rule 6A-6.03315, F.A.C.

(2)(3) Parent notification requirements.

(a) Pursuant to the requirements of Section 1002.40(4)(6), F.S., a school district must timely notify a parent of the Hope Scholarship program and provide the parent a completed Hope Scholarship Notification Form (Form IEPC-HS1), available on the Department’s website, www.floridaschoolchoice.org. Form IEPC-HS1 (http://www.flrules.org/Gateway/reference.asp?No=Ref-15153) is hereby incorporated by reference, effective December 2024 February 2023.

(b) through (c) No change.

(3)(4) Hope Scholarship application procedure. To receive a scholarship to attend a private school under Section 1002.394 or Section 1002.395, F.S.,Hope Scholarship a parent must apply to an eligible and participating SFO according to the SFO’s application procedures and deadlines. The application submitted by a parent must include, at a minimum, the following information:

(a) Student’s name, student’s Florida Education Identifier (FLEID), date of birth, gender, race, current public school district, current public school attended, grade level, parent’s name, telephone number, mailing address and email address.

(b) A completed Form IEPC-HS1 may must be included with the application and submitted to the SFO scholarship funding organization to which the application is made.

(5) The nonprofit scholarship-funding organization shall confirm eligibility for each student and award all scholarships consistent with the requirements of Section 1002.40, F.S. The process used to confirm the eligibility of students and award scholarships is subject to the annual financial and compliance audit required by law.

(4)(6) Public school Hope Scholarship option. Pursuant to Section 1002.40(4)(6), F.S., a student meeting the Hope Scholarship eligibility requirements may choose to attend another public school in the student’s school district or in another school district. Public school options are subject to the receiving school’s capacity.

(7) Quarterly and annual reports. Participating eligible SFOs shall provide quarterly reports no later than August 10, October 10, January 10, and March 10, and an annual report no later than July 15 of each fiscal year the SFO received any contributions, as defined in Section 1002.40(2), F.S. The quarterly and annual reports must be submitted in a format to be specified by the Department and must include an electronic list of all participating scholarship students. The list shall include the following information:

(a) Demographic information for each student, including name, date of birth, Florida Education Identifier, grade level, gender, race, parent’s name, mailing address, email address, and telephone number;

(b) The name and Master School ID of the public school and district in which the student was enrolled when the incident was reported;

(c) Information on the student’s school of attendance, including tuition, fees, and transportation amounts;

(d) The amount and type of each student’s scholarship;

(e) The incident type as reported on Form IEPC-HS1; and,

(f) Year-to-date information on the amount paid for each scholarship student during the school year and the school attended, including the first data of attendance and withdraw date. If a student attended more than one school, the summary shall detail the amount of the scholarship payments that the student generated by each school.

(5)(8) Renumbered No change.

(6)(9) Renumbered No change.

Rulemaking Authority 1001.02(1), (2)(n), 1002.40(5)(16) FS. Law Implemented 1002.395, 1002.40, 1008.385 F.S. History–New 8-21-18, Amended 8-18-20, 11-23-21, 2-21-23,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Adam Emerson, Executive Director, Independent Education and Parental Choice

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 11, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 6, 2024