6A-6.0960: Corporate Tax Credit Scholarship Program
PURPOSE AND EFFECT: The purpose of the rule development is to establish provisions for private school on-site inspections in conjunction with a formal complaint and to allow the Department to refer an inquiry to the Office of Inspector General at any point. In addition, the title of the program will be amended to reflect statutory changes. The effect will be a rule that will further strengthen the Departments administration and implementation of the program.
SUBJECT AREA TO BE ADDRESSED: Administration and implementation of the Florida Tax Credit Scholarship Program.
SPECIFIC AUTHORITY: 220.187 FS.
LAW IMPLEMENTED: 220.187 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Mike Kooi, Executive Director, Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, FL 32399; mike.kooi@fldoe.org
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
6A-6.0960 Florida Corporate Tax Credit Scholarship Program.
The Florida Corporate Tax Credit Scholarship Program will be implemented as required by Section 220.187, F.S., to allow nonprofit scholarship-funding organizations to provide scholarships from eligible contributions to qualified students attending eligible private schools or public schools outside the school district in which the student resides or in a laboratory school.
(1)(a) through (d) No change.
(e) No later than March 15 of each year, the Department shall submit to the Florida Department of Revenue a list of organizations that it has determined to be eligible to be listed as a nonprofit scholarship-funding organization for participation in the Florida Corporate Tax Credit Scholarship Program.
(f) through (h) No change.
(2) through (3) No change.
(5) Private school participation. To participate in the Florida Corporate Tax Credit Scholarship Program, a school must meet the definition of an eligible private school as defined in Section 220.187(2)(e)(d), F.S., and:
(a) through (d) No change.
(6) No change.
(a) Pursuant to Section 220.187(9)(i), F.S., relating to the identification and selection of nationally norm-referenced tests for the measurement of student achievement, participating private schools must annually administer a nationally norm-referenced test that has been approved by the Department and listed on the Departments website to students receiving Florida Corporate Income Tax Credit Scholarships. The list may be accessed at http://www.floridaschoolchoice.org/information/CTC/norm_referenced_assessment.asp.
(b)1. through 4. No change.
(7) Commissioners duties. The Commissioner may deny, suspend, or revoke a private schools participation in the scholarship program pursuant to Section 220.187(11)(10), F.S.
(a) through (c) No change.
(8)(a) through (e) No change.
(f) The Department shall notify the complainant of the final result of all legally sufficient formal complaints.
(9)(a)(b)1. No change.
2. A private school, then the Department shall proceed with the noncompliance procedures related to the Commissioners authority established pursuant to Section 220.187(11)(10), F.S., and this rule.
3. A school district, then the Department shall take any actions allowable under law to compel school district compliance with program requirements and to ameliorate the effect of the violation on the parent, the student, or private school as appropriate a formal notice will be sent from the Commissioner to the districts Superintendent stating that failure to respond within five (5) working days shall be deemed to be an admission of the stated violation or allegation.
(c) The Department shall review the response to the letter of inquiry and:
1. If satisfied that no violation of laws or rules related to scholarship program participation occurred, notify the parent, private school, or school district and complainant that the inquiry will be closed.
2. If more information is needed, request additional information related to the inquiry from the complainant, parent, private school, or school district or conduct a site audit/inspection as appropriate.
3. If a violation of laws or rules related to scholarship program participation has been committed by:
a. A parent, then the Department shall notify the appropriate nonprofit scholarship-funding organization of the violation which it may use to reconsider its determination of student eligibility.
b. A private school, then the Department shall proceed with the noncompliance procedures related to the Commissioners authority established pursuant to Section 220.187(11)(10), F.S., and this rule.
c. A school district, then the Department shall take any actions allowable under law to compel school district compliance with program requirements and to ameliorate the effect of the violation on the parent, student, or private school as appropriate.
(d) The Department may at any point in the process set forth in this rule refer an inquiry to the Departments Office of Inspector General or another appropriate agency for investigation.
(e) Notwithstanding any other provisions of this rule, the Commissioner may at any point during the inquiry process exercise the authority given under Section 220.187(11)(10), F.S., and this rule to immediately suspend payments to a private school if there is probable cause to believe that there is an imminent threat to the health, safety, and welfare of students or suspected fraudulent activity on the part of the private school.
Rulemaking Specific Authority 220.187(9)(i), 220.187(12)(c) FS. Law Implemented 220.187 FS. HistoryNew 2-5-07, Amended 11-26-08,________.
