The purpose of this amendment is to reflect legislative revisions related to accountability for approved nonprofit scholarship-funding through a more thorough application, review and approval process. The effect will be a rule that is consistent ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.0960Florida Tax Credit Scholarship Program

PURPOSE AND EFFECT: The purpose of this amendment is to reflect legislative revisions related to accountability for approved nonprofit scholarship-funding through a more thorough application, review and approval process. The effect will be a rule that is consistent with the governing statute.

SUMMARY: The proposed rule revises the application and review process administered by the Department to approve scholarship funding organizations to participate in the Florida Tax Credit Scholarship program. The rule incorporates, by reference, revised application forms that reflect changes made during the 2014 Legislative session.

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: The rule is limited to prescribing processes and procedures to implement requirements contained in Section 1002.395, 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: 1002.395(13) FS.

LAW IMPLEMENTED: 1002.395 FS.

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

DATE AND TIME: September 29, 2014, 8:30 a.m.

PLACE: Tampa Airport Marriott, 4200 George J. Bean Parkway, Duval Conference Room, Tampa, Florida 33607

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

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.0960 Florida Tax Credit Scholarship Program.

The Florida Tax Credit Scholarship Program will be implemented as required by Section 1002.395, 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) Eligibility of nonprofit scholarship-funding organizations.

(a) A nonprofit charitable organization may apply or register to be a an eligible scholarship-funding organization by having its principal officer or legal representative submit documentation to the Department of Education as specified in Form IEPC SFO-1, 2010 Nonprofit Scholarship-Funding Organization Participation Application for New Scholarship Funding Organization (insert link) Renewal Florida Tax Credit Scholarship Program, or Form IEPC SFO-2, 2010 Nonprofit Scholarship-Funding Organization Participation Renewal for Scholarship Funding Organization (insert link) Application Florida Tax Credit Scholarship Program, or Form IEPC SFO-3, Nonprofit Scholarship-Funding Organization Participation Application for State Universities and Independent Colleges or Universities (insert link), which are hereby incorporated by reference to become a part of this rule to become effective November 2014 October 25, 2010. The appropriate Nonprofit Scholarship-Funding Organization Form must be signed by the owner or operator, submitted annually, and be postmarked no later than September February 1. Forms may be obtained through Florida Department of Education, Office of Independent Education and Parental Choice, 325 West Gaines Street, Suite 1044, Tallahassee, Florida 32399 or http://www.floridaschoolchoice.org/information/CTC/SFO_Renewal.asp.

(b) By July December 1 of each year, beginning in 2006, the Department of Education shall make available the forms for organizations to use pursuant to paragraph (1)(a) of this rule.

(c) Each application submitted to be listed shall be reviewed by the Department in consultation with the Department of Revenue, and the Chief Financial Officer, to determine compliance with Section 1002.395, F.S., and requirements in this rule.

(d) Within thirty (30) days of receipt of an application, the Department shall send to each nonprofit scholarship-funding organization applicant, at the address listed on the Nonprofit Scholarship-Funding Organization Form, a written notice of any deficiencies in the application. By March 1, the Department shall send to each nonprofit scholarship-funding organization applicant, at the address listed on the Nonprofit Scholarship-Funding Organization Form, a notice of its eligibility to participate in the program for the next school year.

(e) Upon notification by the Department, each nonprofit scholarship-funding organization applicant will have thirty (30) days to correct any deficiencies and resubmit the final application.

(f) Within thirty (30) days of receipt of the finalized application, the Commissioner of Education shall recommend approval or disapproval of the application to the State Board of Education.

1. The State Board of Education shall consider the application and recommendation at the next scheduled meeting.

2. In order to assist the State Board of Education in its decision, a Nonprofit Scholarship-Funding Organization must make a brief presentation to the State Board of Education.

3. If the State Board of Education disapproves an organization’s application, it shall provide the organization with a written explanation of that determination.

4. The action of the State Board of Education is not subject to proceedings under Chapter 120, F.S.

(g)(e) No later than March 15 of each year, the Department shall submit to the Florida Department of Revenue and the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation 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 Tax Credit Scholarship Program.

(h) A state university; or an independent college which is eligible to participate in the William L. Boyd, IV, Florida Resident Access Grant Program, located and chartered in Florida, and is not for profit and accredited by the Commission on Colleges of the Southern Association of Colleges and Schools, is exempt from the initial or renewal application process, but must file a registration notice with the Department of Education in order to be an eligible nonprofit scholarship-funding organization.

(i)(f) If, at any point during the school year, a nonprofit scholarship-funding organization no longer meets the eligibility requirements for nonprofit scholarship-funding organizations, the Commissioner shall:

1. through 2. No change.

(j)(g) Nonprofit scholarship-funding organizations suspended or removed pursuant to paragraph (1)(i)(f) of this rule shall have fifteen (15) days from receipt of the notice of proposed action to file with the Department’s agency clerk a request for a proceeding pursuant to Sections 120.569 and 120.57, F.S. All resulting proceedings shall be conducted in accordance with Chapter 120, F.S.

(k)(h) Upon removal of an approved nonprofit scholarship-funding organization, the Department shall notify the Department of Revenue and the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation that the organization is no longer approved to participate in the program.

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

(a) Beginning with the 2014-2015 2007-2008 school year, upon each first-time scholarship student’s entry to the scholarship program, if the student was enrolled in a Florida public school in the year prior to entering the scholarship program, obtain a written statement that the parent has informed the student’s school district that the child will be attending an eligible private school. The written statement shall be maintained on file by each nonprofit scholarship-funding organization for no less than three (3) years or until such time as the student graduates or otherwise exits the program. This requirement shall not apply to a kindergarten or first grade student, or a student placed in foster care, who was not enrolled in a Florida public school prior to entering the scholarship program.

(b) through (3) No change.

(4) Qualified students. Applications for a Florida 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 1002.395 220.395, 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) No change.

(6) Measurement of student achievement. Private schools participating in the program are responsible for ensuring that all students in grades three through ten who if in the public school system would otherwise be assessed under Section 1008.22(3)(c), F.S., and who are receiving scholarships are assessed annually and the results reported as required by Section 1002.395(8)(c)2., F.S. Achievement data for scholarship students shall not be used to rate publicly the performance of private schools that participate in the program.

(a) through (9) No change.

Rulemaking Authority 1002.395(9)(i), (13)(d) FS. Law Implemented 1002.395 FS. History–New 2-5-07, Amended 11-26-08, 6-22-10, 10-25-10,__________.

 

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: August 26, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 9, 2014