The purpose of this rule amendment is to provide that private schools participating in the Florida Tax Credit Scholarship Program may be subject to on-site inspections in conjunction with a formal complaint and to allow the Department to refer an ...  


  • RULE NO: RULE TITLE
    6A-6.0960: Corporate Tax Credit Scholarship Program
    PURPOSE AND EFFECT: The purpose of this rule amendment is to provide that private schools participating in the Florida Tax Credit Scholarship Program may be subject to 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. The effect is a rule which will further strengthen the Department’s administration and implementation of the program.
    SUMMARY: The proposed rule amendment aligns the rule with governing statutes and provides for private school on-site inspections in conjunction with a formal complaint and allows the Department to refer an inquiry to the Office of Inspector General at any point in the process.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
    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.
    SPECIFIC AUTHORITY: 220.187 FS.
    LAW IMPLEMENTED: 220.187 FS.
    A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
    DATE AND TIME: May 18, 2010, 10:00 a.m.
    PLACE: Tampa Airport Marriott, Duval Room, Tampa, Florida
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mike Kooi, Executive Director, Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, FL 32399-0400; (850)245-0502

    THE FULL TEXT OF THE PROPOSED RULE 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.

    (4) Qualified students. Applications for a Florida Corporate Tax Credit Scholarship shall be made by parents directly through an eligible nonprofit scholarship-funding organization. The nonprofit scholarship-funding organization shall identify qualified students and award all scholarships consistent with the requirements of Section 220.187, F.S. The process used to identify qualified students and award scholarships is subject to the annual financial and compliance audit required by law.

    (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 Department’s 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) Commissioner’s duties. The Commissioner may deny, suspend, or revoke a private school’s 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) No change.

    (b) Failure to respond to a letter of inquiry, in a timely manner by:

    1. A parent, then the Department shall notify the appropriate nonprofit scholarship-funding organization of the nature of the inquiry and the parent’s deemed admission of alleged violation due to a failure to respond to the letter of inquiry. The nonprofit scholarship-funding organization can use that information to reconsider its determination of student eligibility.

    2. A private school, then the Department shall proceed with the noncompliance procedures related to the Commissioner’s 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 district’s 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 Commissioner’s 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 Department’s 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 Authority 220.187(9)(i), 220.187(12)(c) FS. Law Implemented 220.187 FS. History–New 2-5-07, Amended 11-26-08,__________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Michael Kooi, Executive Director, Office of Independent Education and Parental Choice
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric J. Smith, Commissioner of Education
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 2, 2010
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 19, 2010

Document Information

Comments Open:
4/16/2010
Summary:
The proposed rule amendment aligns the rule with governing statutes and provides for private school on-site inspections in conjunction with a formal complaint and allows the Department to refer an inquiry to the Office of Inspector General at any point in the process.
Purpose:
The purpose of this rule amendment is to provide that private schools participating in the Florida Tax Credit Scholarship Program may be subject to 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. The effect is a rule which will further strengthen the Department’s administration and implementation of the program.
Rulemaking Authority:
220.187 FS.
Law:
220.187 FS.
Contact:
Mike Kooi, Executive Director, Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, FL 32399-0400; (850)245-0502
Related Rules: (1)
6A-6.0960. Corporate Tax Credit Scholarship Program