To implement the Reading Scholarship Account program pursuant to section 1002.411, Florida Statutes.

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0962Reading Scholarship Accounts

PURPOSE AND EFFECT: To implement the Reading Scholarship Account program pursuant to section 1002.411, Florida Statutes.

SUMMARY: The proposed rule addresses eligible Scholarship Funding Organizations (SFOs) and their process for determining eligibility and awarding funding, the Commissioner’s authority to revoke a student’s participation, SFOs obligation to return funds received in error or associated with a closed account and quarterly reports and data expected from SFOs.

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: No requirement for SERC was triggered pursuant to section 120.541(1), Florida Statutes and this new rule is not expected to require legislative ratification. There would be no economic impact from this amendment and the adverse impact or regulatory costs, if any, does not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in section 120.541(2)(a), Florida Statutes.

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: 1002.411, FS.

LAW IMPLEMENTED: 1002.411, FS.

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

DATE AND TIME: July 18, 2018, 9:00 a.m.

PLACE: Omni Orlando Resort at ChampionsGate, Congressional Room, 1500 Masters Blvd., ChampionsGate, FL 33896.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Adam Miller, Executive Director, Office of Independent Education and Parental Choice, 325 W. Gaines Street, Suite 1044, Tallahassee, Florida 32399-0400; 850-245-0502; [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0962 Reading Scholarship Accounts.

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

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

(a) Receive applications and determine eligibility of students in accordance with the requirements of section 1002.411(2), F.S.;

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

(3) Eligible students. Applications for a Reading Scholarship Account shall be made by parents directly through an eligible nonprofit 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 scholarship-funding organization.

(a) An eligible 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), the nonprofit 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, gender, race, grade level, and address including public school district attended; and,

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

2. Submit a signed invoice requesting payment which must include the amount requested for each individual student as well as the total amount requested.

(b) Eligible nonprofit 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 scholarship-funding organization confirmed eligibility.

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

(e) The Commissioner may revoke a student’s participation in the program and withhold or request the return of a scholarship payment if it is determined that the parent is in violation of section 1002.411(3), F.S.

(f) Eligible nonprofit 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)(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 scholarship-funding organization 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 shall include the following information:

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

2. Program award amount for each student;

3. Information on providers of services; and,

4. Total year-to-date expenditures 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.

(c) Nothing in this rule shall limit the Department’s authority to request any other information related to the scholarship program.

Rulemaking Authority 1001.02, 1002.395(13)(d), 1002.39(18), 1002.411 FS. Law Implemented 1002.411 FS. History–New

 

NAME OF PERSON ORIGINATING PROPOSED RULE: : Adam Miller, Executive Director, Office of Independent Education and Parental Choice.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 13, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 18, 2018.