The proposed amendment to this rule updates its name by removing the word “Reading,” as mathematics scholarships are available, as passed in HB 7039 (2023). The new name will be New Worlds Scholarship Accounts. Other technical ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0962New Worlds Reading Scholarship Accounts

PURPOSE AND EFFECT: The proposed amendment to this rule updates its name by removing the word “Reading,” as mathematics scholarships are available, as passed in HB 7039 (2023). The new name will be New Worlds Scholarship Accounts. Other technical changes are being proposed, including updates and quarterly reporting requirements.

SUMMARY: This amendment makes changes primarily due to the passage of HB 7039 (2023).

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), 1002.411(5), 1003.485(7)(d), F.S.

LAW IMPLEMENTED: 1002.411, 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, Florida Department of Education, 325 W. Gaines St., Suite 1044, Tallahassee, FL 32399 [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0962 New Worlds Reading Scholarship Accounts.

(1) Eligibility of nonprofit scholarship-funding organizations. An eligible nonprofit scholarship-funding organization (SFO) that is approved pursuant to Section 1002.395, F.S., may establish New Worlds Reading Scholarship accounts for eligible students.

(2) Nonprofit SFO scholarship-funding organization requirements. Eligible nonprofit SFOs must scholarship-funding organizations shall:

(a) No change.

(b) Verify eligible expenditures before direct purchases or the distribution of funds for any expenditures made pursuant to Section 1002.411(3)(a)2., F.S.

(3) Eligible students. Applications for a New Worlds Reading Scholarship Account shall be made by parents directly through an eligible nonprofit SFO scholarship-funding organization. The nonprofit scholarship-funding organization shall verify the eligibility of students pursuant to the criteria established in Section 1002.411, F.S., and award scholarships consistent with the requirements of Section 1002.411, F.S.

(4) Scholarship payments. The following provisions relate to the distribution of funds from the Department of Education to an eligible nonprofit SFO scholarship-funding organization.

(a) An eligible nonprofit SFO scholarship funding organization may request a payment from the Department of Education for an eligible student after it has confirmed that the student has met the eligibility criteria in Section 1002.411(2), F.S. Using the Department’s web-based system (https://www.floridaschoolchoice.org/login/login_sfo.asp), tThe nonprofit SFO scholarship-funding organization must:

1. Confirm the eligibility of each scholarship student and include:;

a. Student name, date of birth, Florida Education Identification number (FLEID), English Language Learner status (if known), sex gender, race, grade level, and address including county of residence public school district attended; and,

b. Date and time the nonprofit SFO scholarship-funding organization confirmed eligibility.

2. No change.

(b) Eligible nonprofit SFOs scholarship-funding organizations must set an annual deadline for scholarship participation.

(c) The Department shall distribute funds on a first-come first-served basis, in the following order of priority for each invoice period:

1. Students confirmed by the SFO as English Language Learners who are enrolled in a program or receiving services that are specifically designed to meet the instructional needs of English Language Learner students.;

2. Date and time the SFO scholarship-funding organization confirmed eligibility.

(d) Requests for payments by a nonprofit SFO scholarship-funding organization must be submitted no later than June 30 May 1 for the fiscal year in which the student is eligible to receive a scholarship.

(e) No change.

(f) Eligible nonprofit SFOs scholarship-funding organizations are responsible for the return of all scholarship funds to the Department that were received in error or associated with a scholarship account that has been closed pursuant to Section 1002.411(7)(g)(i), F.S. Funds returned must include the administrative fee if no reimbursements were made for expenditures that occurred in the fiscal year in which the scholarship was awarded.

(5) Quarterly Reports: Four (4) times a year, no later than October 30, January 30, April 30, and July 30 of each year, an eligible nonprofit SFO scholarship-funding organization must shall submit in a format to be specified by the Department an electronic list of all participating scholarship students and eligible expenditures. For purposes of the quarterly report, a participating scholarship student is one whose scholarship account has been funded in the current fiscal year.

(a) The list must shall include the following information:

(a)1. Demographic information for each student, including name, date of birth, FLEID, English Language Learner status, grade level, sex gender, race, and county of residence public school district attended;

(b)2. Program award amount for each student; and

3. Information on providers of services; and,

(c)4. Total year-to-date expenditures for each student on behalf of participating students by purpose type.

(b) No later than October 30 of each year, an eligible nonprofit scholarship-funding organization shall provide the department a report that indicates the status of participants who did not renew participation for the current fiscal year.

(6)(c) Renumbered no change.

Rulemaking Authority 1001.02(1)(2)(n), 1002.395(12)(13)(d), 1002.39(18), 1002.411(5), 1003.485(7)(d), FS. Law Implemented 1002.411 FS. History–New 8-21-18,

 

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 14, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 11, 2024