The purpose of this rule amendment is to include the new provisions of HB 653 which extends scholarship eligibility to a student who is currently placed or during the previous state fiscal year was placed, in foster care. Additionally the rule is ...

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 amendment is to include the new provisions of HB 653 which extends scholarship eligibility to a student who is currently placed or during the previous state fiscal year was placed, in foster care. Additionally the rule is amended to remove the list of assessments to be administered to students receiving the Corporate Income Tax Credit Scholarship and provide that the assessments be listed on the Department’s website. The effect is a rule which reflects current governing law and practices.
SUMMARY: The rule is amended to include the new provisions of HB 653 which extends scholarship eligibility to a student who is currently placed or during the previous state fiscal year was placed, in foster care and to update access to the list of approved assessments to be administered by the private schools to students receiving Corporate Income Tax Credit Scholarships.
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: October 21, 2008, 8:30 a.m.
PLACE: Tampa Airport Marriott, Tampa, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jean Miller, Acting Executive Director, Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Room 522, Tallahassee, Florida 32399-0400, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.0960 Corporate Tax Credit Scholarship Program.

The 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) No change.

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

(a) Beginning with the 2007-2008 school year, upon each first-time scholarship student’s entry to 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) Four (4) times a year, no later than August 15, October 15, January 15, and March 15 of each year, submit in a format to be specified by the Department an electronic list of all participating scholarship students. The list shall include the following information:

1. Demographic information for each student, including name, date of birth, social security number, grade level, gender, race, parent’s name, and address;

2. Information on the student’s school of attendance, including tuition, fees, and transportation amounts; and

3. The amount of each student’s scholarship.

(c) No later than thirty (30) days after the last payment date of the school year, provide a summary to the Department detailing the amount paid for each scholarship student during the school year and the school attended. If a student attended more than one school during the year, the summary shall detail the amount of the scholarship payments that the student generated by each school.

(3) through (5) No change.

(6) Measurement of student achievement. Private schools participating in the program are responsible for ensuring that all students 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 220.187(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) 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 one of the following approved by the Department and listed on the Department’s website assessments in grades K-12 to students receiving Corporate Income Tax Credit Scholarships.: The listed may be accessed at: http://www.floridaschoolchoice.org/information/CTC/norm_referenced_assessment.asp.

1. Basic Achievement Skills Inventory (BASI) – Comprehensive Version.

2. Florida Comprehensive Assessment Test (FCAT) – NRT Reading and Mathematics.

3. Iowa Tests of Basic Skills® (ITBS®) Forms A and B – Core Battery.

4. Metropolitan Achievement Tests®, Eighth Edition (METROPOLITAN8) – Short Form.

5. Stanford Achievement Test, Tenth Edition (Stanford 10) – Basic Battery.

6. TerraNova (CTBS/5) – Basic Battery.

7. TerraNova, Second Edition (CAT/6) – Basic Battery.

(b) The Department of Education may approve the use of another assessment if it meets the following criteria:

1. Internal consistency reliability coefficients of at least 0.8;

2. High validity evidenced by the alignment of the test with nationally recognized content standards, as well as specific evidence of content, concurrent, or criterion validity;

3. Norming studies within the last five (5) to ten (10) years, with norming within five (5) years being preferable; and

4. Serves as a measure of K-12 student achievement in core academic areas.

(7) through (9) No change.

Specific Authority 220.187(9)(i), 220.187(12)(c) FS. Law Implemented 220.187 FS. History–New 2-5-07, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jean Miller, Acting Executive Director, Office of Independent Education and Parental Choice
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric Smith, Commissioner, Department of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 9, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 1, 2008