Florida Senate - 2023                                     SB 4-C
       
       
        
       By Senator Collins
       
       
       
       
       
       14-00005-23C                                            20234C__
    1                        A bill to be entitled                      
    2         An act relating to the Family Empowerment Scholarship
    3         Program; amending s. 1002.394, F.S.; revising the
    4         number of certain students eligible to participate in
    5         the Family Empowerment Scholarship Program; providing
    6         an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraph (b) of subsection (12) of section
   11  1002.394, Florida Statutes, is amended to read:
   12         1002.394 The Family Empowerment Scholarship Program.—
   13         (12) SCHOLARSHIP FUNDING AND PAYMENT.—
   14         (b)1. For the 2023-2024 school year, the maximum number of
   15  students participating in the scholarship program under
   16  paragraph (3)(b) shall be the number of Scholarships for
   17  students the organization and the department determined eligible
   18  pursuant to this section paragraph (3)(b) are established for up
   19  to 26,500 students annually beginning in the 2022-2023 school
   20  year. Beginning in the 2024-2025 2023-2024 school year, the
   21  maximum number of students participating in the scholarship
   22  program under paragraph (3)(b) this section shall annually
   23  increase by 3.0 percent of the state’s total exceptional student
   24  education full-time equivalent student membership, not including
   25  gifted students. An eligible student who meets any of the
   26  following requirements shall be excluded from the maximum number
   27  of students if the student:
   28         a. Received specialized instructional services under the
   29  Voluntary Prekindergarten Education Program pursuant to s.
   30  1002.66 during the previous school year and the student has a
   31  current IEP developed by the district school board in accordance
   32  with rules of the State Board of Education;
   33         b. Is a dependent child of a law enforcement officer or a
   34  member of the United States Armed Forces, a foster child, or an
   35  adopted child; or
   36         c. Spent the prior school year in attendance at a Florida
   37  public school or the Florida School for the Deaf and the Blind.
   38  For purposes of this subparagraph, the term “prior school year
   39  in attendance” means that the student was enrolled and reported
   40  by:
   41         (I) A school district for funding during either the
   42  preceding October or February full-time equivalent student
   43  membership surveys in kindergarten through grade 12, which
   44  includes time spent in a Department of Juvenile Justice
   45  commitment program if funded under the Florida Education Finance
   46  Program;
   47         (II) The Florida School for the Deaf and the Blind during
   48  the preceding October or February full-time equivalent student
   49  membership surveys in kindergarten through grade 12;
   50         (III) A school district for funding during the preceding
   51  October or February full-time equivalent student membership
   52  surveys, was at least 4 years of age when enrolled and reported,
   53  and was eligible for services under s. 1003.21(1)(e); or
   54         (IV) Received a John M. McKay Scholarship for Students with
   55  Disabilities in the 2021-2022 school year.
   56         2. For a student who has a Level I to Level III matrix of
   57  services or a diagnosis by a physician or psychologist, the
   58  calculated scholarship amount for a student participating in the
   59  program must be based upon the grade level and school district
   60  in which the student would have been enrolled as the total funds
   61  per unweighted full-time equivalent in the Florida Education
   62  Finance Program for a student in the basic exceptional student
   63  education program pursuant to s. 1011.62(1)(c) and (d), plus a
   64  per full-time equivalent share of funds for the categorical
   65  programs established in s. 1011.62(5), (7)(a), (8), and (16), as
   66  funded in the General Appropriations Act. For the categorical
   67  program established in s. 1011.62(8), the funds must be
   68  allocated based on the school district’s average exceptional
   69  student education guaranteed allocation funds per exceptional
   70  student education full-time equivalent student.
   71         3. For a student with a Level IV or Level V matrix of
   72  services, the calculated scholarship amount must be based upon
   73  the school district to which the student would have been
   74  assigned as the total funds per full-time equivalent for the
   75  Level IV or Level V exceptional student education program
   76  pursuant to s. 1011.62(1)(c)2.a. or b., plus a per-full time
   77  equivalent share of funds for the categorical programs
   78  established in s. 1011.62(5), (7)(a), and (16), as funded in the
   79  General Appropriations Act.
   80         4. For a student who received a Gardiner Scholarship
   81  pursuant to former s. 1002.385 in the 2020-2021 school year, the
   82  amount shall be the greater of the amount calculated pursuant to
   83  subparagraph 2. or the amount the student received for the 2020
   84  2021 school year.
   85         5. For a student who received a John M. McKay Scholarship
   86  pursuant to former s. 1002.39 in the 2020-2021 school year, the
   87  amount shall be the greater of the amount calculated pursuant to
   88  subparagraph 2. or the amount the student received for the 2020
   89  2021 school year.
   90         6. The organization must provide the department with the
   91  documentation necessary to verify the student’s participation.
   92         7. Upon receiving the documentation, the department shall
   93  release, from state funds only, the student’s scholarship funds
   94  to the organization, to be deposited into the student’s account
   95  in four equal amounts no later than September 1, November 1,
   96  February 1, and April 1 of each school year in which the
   97  scholarship is in force.
   98         8. Accrued interest in the student’s account is in addition
   99  to, and not part of, the awarded funds. Program funds include
  100  both the awarded funds and accrued interest.
  101         9. The organization may develop a system for payment of
  102  benefits by funds transfer, including, but not limited to, debit
  103  cards, electronic payment cards, or any other means of payment
  104  which the department deems to be commercially viable or cost
  105  effective. A student’s scholarship award may not be reduced for
  106  debit card or electronic payment fees. Commodities or services
  107  related to the development of such a system must be procured by
  108  competitive solicitation unless they are purchased from a state
  109  term contract pursuant to s. 287.056.
  110         10. An organization may not transfer any funds to an
  111  account of a student determined to be eligible pursuant to
  112  paragraph (3)(b) which has a balance in excess of $50,000.
  113         11. Moneys received pursuant to this section do not
  114  constitute taxable income to the qualified student or the parent
  115  of the qualified student.
  116         Section 2. This act shall take effect upon becoming a law.