These proposed rule amendments will make changes to the interrelated scholarship rules to account for statutory revisions made from the passage of House Bill 1403. The rule on Private School Scholarship Compliance, 6A-6.03315, ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NOS.:RULE TITLES:

6A-6.03315Private School Scholarship Compliance

6A-6.0952Family Empowerment Scholarship Program

6A-6.0960Florida Tax Credit Scholarship Program

PURPOSE AND EFFECT: These proposed rule amendments will make changes to the interrelated scholarship rules to account for statutory revisions made from the passage of House Bill 1403. The rule on Private School Scholarship Compliance, 6A-6.03315, will also further define certain actions that constitute operating a private school in a manner contrary to the health, safety, and welfare of the public and create an imminent threat to the health, safety, or welfare of the school’s students.

SUMMARY: These amendments would make changes to the private school scholarship rules as a result of the passage of House Bill 1403.

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: Based upon the nature of the changes, this proposed rule amendment is not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and will not require legislative ratification. This determination is based upon the nature of the changes.

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: 1001.02(1), (2)(n), 1002.394, 1002.395, 1002.421, F.S.

LAW IMPLEMENTED: 1002.394, 1002.395, 1002.40, 1002.42, 1002.421, F.S.

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

DATE AND TIME: August 21, 2024, 9:00 a.m.

PLACE: Okaloosa County School District, 202A Highway 85 N., Niceville, Florida 32084

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Adam Emerson; Executive Director, Independent Education and Parental Choice, Florida Department of Education, 325 W. Gaines St., Suite 1044, Tallahassee, FL 32399 [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.03315 Private School Scholarship Compliance.

Form IEPC SCF-1, Scholarship Program Compliance Form for Private School Participants in State Scholarship Programs (http://www.flrules.org/Gateway/reference.asp?No=Ref-15718), hereinafter Scholarship Compliance Form, is hereby incorporated by reference to become a part of this rule effective September 2024 August 2023.

(1) Definitions related to this rule and the Scholarship Compliance Form:

(a) through (c) No change.

(d) Regular and direct contact – A program of instruction that provides for a minimum of one hundred seventy (170) actual school instruction days with the required instructional hours (determined by grade level per state board Rule 6A-1.09512, F.A.C.) under the direct instruction of the private school teacher at the school’s approved physical location. This may include occasional off-site activities including the Family Empowerment Scholarship Program transition-to-work plan under the supervision of the private school teacher. For students enrolled in a personalized education program, regular and direct contact is satisfied by direct instruction by the private school teacher at least two (2) days a week at the school’s approved physical location. The remaining required instructional hours must be addressed in a student learning plan. 

(e) No change.

(2) Renewing schools must comply with the following process to renew eligibility for the upcoming school year.

(a) Complete and submit a signed and notarized annual survey, pursuant to Section 1002.42, F.S., by April May 1.

(b) through (c) No change.

(d) Establish a school calendar outlining a program of instruction which allows students to meet regular and direct contact requirements.

(e)(d) Every third consecutive year of participation, a renewing private school must also submit the following:

1. through 2. No change.

3. School policies establishing standards of ethical conduct from instructional personnel, educational support employees, and school administrators.

4. through 5. No change.

(3) New schools.

(a) New schools, as defined in this rule, must submit the following documentation to the Department to establish eligibility for participation in the scholarship programs.

1. through 9. No change.

10. School calendar fee schedule, as if applicable.

(b) Upon review and approval of the documentation identified in paragraph (3)(a) of this rule, the Department will schedule and conduct a site visit at the school’s physical location. Beginning in the 2019-2020 school year, A a private school is ineligible to receive scholarship payments until a satisfactory site visit has been conducted by the Department.

(c) The following deadlines are established for schools entering a scholarship program in the 2019-2020 school year and each year thereafter. To be eligible to participate in a scholarship program a school must submit a signed and notarized Scholarship Compliance Form no later than October 1 and all outstanding compliance issues pertaining to documentation identified in paragraph (3)(a) of this rule, are to be resolved by December 1. A school that fails to meet either of these deadlines may not participate in the scholarship program until the subsequent school year.

(4) through (7) No change.

(8) As used in s. 1002.421(1)(s), F.S., the terms “control” and “own” have the following meaning: For purposes of determining whether to deny, suspend, or revoke a private school’s participation in a scholarship program under Section 1002.421(3)(b), F.S., or immediately suspend payment of scholarship funds under Section 1002.421(3)(e), F.S., an owner or operator is operating the school in a manner that creates an imminent threat to the health, safety, and welfare of the school’s students or the public if that owner is domiciled in, owned by, or in any way controlled by an entity domiciled in a foreign country of concern as defined in Section 288.860, F.S.

(a) “Control” means having the ability to direct or cause the direction of the management, policies, or practices of a person or entity.

(b) “Own” means the direct or indirect possession of a legally cognizable interest.

Rulemaking Authority 1001.02, 1002.385, 1002.39, 1002.395, 1002.40, 1002.411, 1002.42, 1002.421 FS. Law Implemented 1002.39, 1002.395, 1002.40, 1002.421, 1002.42, 1002.421, 1003.22, 1003.23 FS. History–New 10-13-04, Amended 9-20-05, 1-18-07, 1-5-09, 10-25-10, 2-9-16, 8-21-18, 11-23-21, 6-27-23, 8-22-23,

 

6A-6.0952 Family Empowerment Scholarship Program.

(1) No change.

(2) Definitions. As used in this rule:

(a) Disability” is defined as stated in Section 1002.394(2)(e)(d), F.S.

(b) through (d) No change.

(e) “Family Empowerment Scholarship for Students with Unique Abilities” is the scholarship option for eligible students with the disabilities described in Section 1002.394(2)(e)(d), F.S., and paragraph (2)(a) and subsection (4) of this rule. The scholarship funds may be used for a variety of purposes, such as certain instructional materials, therapy services, and tuition and fees as described in Section 1002.394(4)(b), F.S.

(f) through (g) No change.

(3) Family Empowerment Scholarship for Educational Options.

(a) through (c) No change.

(d) Transportation Scholarship. For a student initially eligible pursuant to Section 1002.394(3)(a), F.S., in lieu of accepting the scholarship to attend a private school, a seven-hundred fifty dollar ($750) scholarship may be awarded to assist with transportation costs to a public school that is different from the school the student is assigned to attend.

(4) No change.

(5) Scholarship Funding Process.

(a) After determining student eligibility, the SFO shall notify the Department of the parent’s request for a scholarship. In a manner to be specified by the Department, the SFO must:

1. Confirm that the student has met the eligibility criteria and, beginning in the 2025-2026 school year, that the parent has accepted the scholarship;

2. Submit information on each student, which must include the following:

a. Student name, date of birth, social security number, sex gender, race, grade level, and address including county of residence;

b. through e. No change.

(b) The Department shall assign scholarships on a first-come first-served basis, based upon the date and time the scholarship-funding organization confirmed eligibility pursuant to Sections 1002.394(3) and 1002.394(11)(a) and (b), F.S.

1. Scholarship payments will be made to the SFO for renewing students eligible pursuant to Section 1002.394(3)(a), F.S., on or before August 1, November 1, February 1, and April 1 of each year. Scholarship payments will be made to the SFO for new students eligible pursuant to Section 1002.394(3)(a), F.S., on or before September 1, November 1, February 1, and April 1 of each year. Following receipt of scholarship payment from the Department, the SFO shall have fourteen (14) business days to initiate a scholarship payment to a participating private school.

2. Scholarship payments will be made to the SFO for renewing students eligible pursuant to Section 1002.394(3)(b), F.S., on or before August September 1, November 1, February 1, and April 1 of each year. Scholarship payments will be made to the SFO for new students eligible pursuant to Section 1002.394(3)(b), F.S., on or before September 1, November 1, February 1, and April 1 of each year.

3. No change.

(d) No change.

(6) SFO Requirements. Eligible SFOs shall:

(a) through (b) No change.

(c) Four (4) times a year, no later than October 30, January 30, April 30, and July 30 of each year, the SFO shall submit, in a manner to be specified by the Department, electronic lists of all scholarship students, providers of services, and participating private schools. The lists shall include the following information:

1. through 2. No change.

3. Expenditures by purpose type as specified in Section 1002.394(4), F.S.; and,

4. No change.

(7) Return of Funds.

(a) SFOs 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 1002.394(5)(a)2., F.S. or Section 1002.394(5)(b)3., F.S. or identified as ineligible pursuant to Section 1002.394(8)(b)(a)2., F.S. If the Department identifies scholarship funds that must be returned or if an SFO certifies an overpayment pursuant to Section 1002.394(12)(d), F.S., the Department may adjust a subsequent quarterly payment release accordingly. Otherwise, the Department, it shall send a letter via both regular and certified mail requesting the return of the funds. The letter shall state the reason the funds are being requested, the student or students involved, instructions on returning the funds, and the procedure to be followed if the SFO believes that return of the funds is being requested in error or wishes to provide additional information related to the requested funds. The Department’s letter may also require the SFO to provide an explanation for how the funds were erroneously obtained.

(b) through (d) No change.

(8) No change.

Rulemaking Authority 1001.02, 1002.394(17)(14) FS. Law Implemented 1002.394 FS. History–New 10-27-20, Amended 9-21-21., 8-22-23,

 

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; or students participating in personalized education programs as defined in Section 1002.01(2), F.S.

(1) Eligibility of nonprofit scholarship-funding organizations.

(a) A nonprofit organization may apply or register to be a 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, Nonprofit Scholarship-Funding Organization Participation Application for New Scholarship-Funding Organization (http://www.flrules.org/Gateway/reference.asp?No=Ref-15719), effective September 2024 August2023, Form IEPC SFO-2, Nonprofit Scholarship-Funding Organization Participation Renewal for Scholarship-Funding Organization (http://www.flrules.org/Gateway/reference.asp?No=Ref-04662), effective September 2024 November 2014, or Form IEPC SFO-3, Nonprofit Scholarship-Funding Organization Participation Application for State Universities and Independent Colleges or Universities (http://www.flrules.org/Gateway/reference.asp?No=Ref-13502), effective September 2021, which are hereby incorporated by reference to become a part of this rule. The appropriate Nonprofit Scholarship-Funding Organization Renewal Form must be signed by the owner or operator, submitted annually, and be postmarked no later than September 1 for participation in the following school year. The Nonprofit Scholarship Funding Organization Participation Application for New Scholarship Funding Organizations may be submitted at any time.by November 1, and Uupon receipt by the Department of Education, applications will be evaluated pursuant to Section 1002.395(c), F.S. and requirements in this rule. 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 https://www.fldoe.org/schools/school-choice/k-12-scholarship-programs/sfo/applications.stml.

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

(b)(c) No change.

(c)(d) No change.

(d)(e) No change.

(e)(f) No change.

(f)(g) 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 for the upcoming fiscal year.

(g)(h) No change.

(h)(i) No change.

(i)(j) No change.

(j)(k) No change.

(2) Nonprofit scholarship-funding organization requirements.

(a) Eligible nonprofit scholarship-funding organizations shall ten (10) times a year, no later than July 10, August 10, September 10, October 10, November 10, January 10, February 10, March 10, April 10 and no later than fifteen (15) days after the last payment date of the school year, submit in a format to be specified by the Department an electronic list of all participating Florida Tax Credit 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, sex gender, race, parent’s name, mailing address, email address, telephone number, and student’s household income level;

2. through 4. No change.

(b) No change.

(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 Sections 1002.395 and 212.099, 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 Tax Credit Scholarship Program, a school must meet the definition of an “eligible private school” as defined in Section 1002.395(2)(i)(g), F.S., and:

(a) through (b) 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 are receiving scholarships are assessed annually and the results reported as required by Section 1002.395(8)(c)(b), 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 (b) No change.

Rulemaking Authority 1001.02, 1002.395(9)(i), (12)(d), (15)(h)-(i) FS. Law Implemented 1002.395 FS. History–New 2-5-07, Amended 11-26-08, 6-22-10, 10-25-10, 11-4-14, 3-22-17, 8-21-18, 9-21-21, 8-22-23,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Adam Emerson; Executive Director, Independent Education and Parental Choice

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 26, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 14, 2024