The purpose of this rule development is to rename the program in accordance with Section 220.187, Florida Statutes, and to allow the Department the authority to conduct private school on-site inspections, as appropriate, in conjunction with a formal ...

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO: RULE TITLE
6A-6.0960: Corporate Tax Credit Scholarship Program
PURPOSE AND EFFECT: The purpose of this rule development is to rename the program in accordance with Section 220.187, Florida Statutes, and to allow the Department the authority to conduct private school on-site inspections, as appropriate, in conjunction with a formal complaint and refer an inquiry to the Office of Inspector General with the Department at any point. The effect will be a rule which will further strengthen the Department’s administration and implementation of the program.
SUBJECT AREA TO BE ADDRESSED: Corporate 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: Laura Harrison, Director of Scholarship Programs, [phone] or [e-mail]. To request a rule development workshop, please contact: Lynn Abbott, Agency Clerk, Department of Education, [phone] or e-mail [e-mail] or go to https://app1.fldoe.org/rules/default.aspx

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

6A-6.0960 Florida Corporate Tax Credit Scholarship Program.

(1) through (9)(b) No change.

(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(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 full investigation.

(e) No change.

Rulemaking Specific Authority 220.187(9)(i), 220.187(12)(c) FS. Law Implemented 220.187 FS. History–New 2-5-07, Amended 11-26-08,________.