Bill Text: FL S1572 | 2017 | Regular Session | Introduced
Bill Title: Education Savings Account Program
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-05-05 - Died in Education [S1572 Detail]
Download: Florida-2017-S1572-Introduced.html
Florida Senate - 2017 SB 1572
By Senator Bean
4-01781-17 20171572__
1 A bill to be entitled
2 An act relating to the Education Savings Account
3 Program; creating s. 1002.387, F.S.; defining terms;
4 specifying criteria for student eligibility and
5 student ineligibility for the program; authorizing a
6 parent to direct a financial institution trustee of
7 his or her child’s account to use funds for specified
8 costs of attending specified private schools or
9 programs, for participating in a dual enrollment
10 program, or to make a contribution to the child’s
11 college savings plan or to a contract under the
12 Stanley G. Tate Florida Prepaid College Program;
13 requiring a financial institution to transfer an
14 account to another participating financial institution
15 upon the request of a parent as provided by the Chief
16 Financial Officer by rule; providing for the
17 distribution of unspent program funds; requiring a
18 parent to apply for the program to the Department of
19 Education; specifying responsibilities of a parent or
20 student for using funds in an account to attend a
21 private school or private virtual school; requiring
22 certain students to take norm-referenced tests
23 required by the department; specifying
24 responsibilities of a parent or student for using
25 funds in an account to hire a private tutor or private
26 tutoring program and for participating in a dual
27 enrollment program; specifying eligibility criteria
28 for private schools, private tutors, private tutoring
29 programs, and private postsecondary institutions to
30 participate in the program; providing that all public
31 postsecondary institutions are eligible to participate
32 in the program; providing duties of the department;
33 requiring the department to process student
34 applications, submit a list of eligible institutions
35 to participating financial institutions, notify the
36 financial institutions of students approved to
37 participate in the program, and submit a report to the
38 Governor and the Legislature by specified dates;
39 providing duties of the Chief Financial Officer;
40 requiring the Chief Financial Officer to provide a
41 list of participating financial institutions to the
42 department by a specified date each year and to make
43 payments to the accounts of participating students in
44 specified situations; providing obligations of
45 financial institutions; limiting the fees that may be
46 charged by a financial institution for its services
47 under the program; requiring a financial institution
48 to make timely quarterly payments directly to a
49 private school, private tutor, private tutoring
50 program, or postsecondary institution or to a selected
51 college savings plan or the Stanley G. Tate Florida
52 Prepaid College Program; requiring a financial
53 institution to notify the department of the identity
54 of certain students at specified dates; requiring a
55 financial institution to annually notify the Chief
56 Financial Officer of its intent to continue to
57 participate in, or intent to withdraw from, the
58 program; requiring a financial institution to provide
59 advance notice to the Chief Financial Officer and
60 parents of students participating in the program
61 before withdrawing from the program; specifying
62 criteria and procedures by which the Commissioner of
63 Education may deny, suspend, or revoke a private
64 school’s participation in the program; specifying
65 procedures by which a private school may challenge the
66 decision of the commissioner to deny, suspend, or
67 revoke the school’s participation in the program;
68 requiring the director of the Division of
69 Administrative Hearings to expedite a hearing in
70 certain situations; authorizing the commissioner to
71 order participating financial institutions to
72 immediately suspend payments from a student’s account
73 to a participating private school under certain
74 circumstances; providing for appeal against a payment
75 suspension; authorizing the Office of Inspector
76 General of the department to release otherwise
77 confidential student information under certain
78 circumstances involving allegations of fraudulent
79 activity under the program; specifying a formula to be
80 used in determining the amount of annual payments made
81 to a student’s account under the program; providing
82 for the random selection of applicants to the program
83 who are attending a home education program or a
84 private school; providing a calculation to determine
85 the number of such students who may participate in the
86 program; authorizing the Legislative Budget Commission
87 to transfer funds in excess of amounts required to
88 fully fund the accounts of all participating students
89 to the Florida Education Finance Program; requiring
90 the department and the Department of Financial
91 Services to develop an agreement to assist in the
92 administration of the program; requiring the State
93 Board of Education to adopt rules for the Department
94 of Education and the commissioner to administer the
95 program; requiring the Chief Financial Officer to
96 adopt rules to administer its responsibilities under
97 the program; providing for the enrollment period and
98 for the number of eligible students for the 2017-2018
99 school year; requiring the department to randomly
100 select participating students in specified situations;
101 authorizing the state board to adopt emergency rules
102 for the department and the commissioner to implement
103 the program; providing an effective date.
104
105 WHEREAS, the Legislature finds that it has a duty to
106 provide for a high-quality education for all children residing
107 in this state, and
108 WHEREAS, the Legislature finds that it has a duty to
109 provide for the establishment, maintenance, and operation of
110 institutions of higher learning, and
111 WHEREAS, a high-quality education for children is
112 facilitated by parents’ involvement in educational choices for
113 their children, competition among schools and other learning
114 environments, and the measurement and evaluation of student
115 learning gains, and
116 WHEREAS, the Legislature finds that competition between
117 public schools and private schools will enhance the quality of
118 education at public schools by encouraging innovation,
119 flexibility, and efficiency, and
120 WHEREAS, providing a child with an opportunity to attend a
121 public school or with funds to pay for private schooling or
122 tutoring enables the child to access the high-quality education
123 best suited for his or her specific needs, and
124 WHEREAS, the Legislature finds that, under the right to
125 religious freedom in the State Constitution, the state may not
126 prohibit a person from using private funds to pay the cost of
127 private schooling or tutoring at an institution having any
128 religious affiliation, NOW, THEREFORE,
129
130 Be It Enacted by the Legislature of the State of Florida:
131
132 Section 1. Section 1002.387, Florida Statutes, is created
133 to read:
134 1002.387 Education Savings Account Program.—
135 (1) DEFINITIONS.—As used in this section, the term:
136 (a) “Account” means an education savings account belonging
137 to a student who is participating in, or who participated in,
138 the program. Funds in an account are private funds.
139 (b) “College savings plan” means a qualified tuition plan
140 under s. 529 of the Internal Revenue Code which allows the
141 establishment of an account for a beneficiary for the purpose of
142 paying the beneficiary’s eligible college expenses.
143 (c) “Department” means the Department of Education.
144 (d) “Eligible private postsecondary institution” means a
145 private postsecondary institution that is a member of the
146 Independent Colleges and Universities of Florida and is located
147 in this state.
148 (e) “Eligible private school” means a private school that
149 offers an education to students in kindergarten through grade
150 12, is located in this state, and meets the requirements in
151 subsection (6).
152 (f) “Financial institution” has the same meaning as defined
153 in s. 655.005.
154 (g) “Program” means the Education Savings Account Program.
155 (2) ELIGIBLE STUDENTS.—
156 (a) A student is eligible to receive funds under the
157 program if the student resides in this state and:
158 1. Is eligible to enter kindergarten or first grade;
159 2. Is the sibling of a student who participates in the
160 program and who resides in the same household;
161 3. Was counted as a full-time equivalent student during the
162 previous state fiscal year for purposes of state per-student
163 funding; or
164 4. Attends a home education program or a private school and
165 was randomly selected to participate in the program pursuant to
166 subsection (13).
167 (b) A student remains eligible for the program until he or
168 she graduates from high school and as long as the student does
169 not enroll in a public school, a charter school, or a virtual
170 instruction program, excluding the Florida Virtual School, which
171 receives state funding as a result of the student’s
172 participation.
173 (3) INELIGIBLE STUDENTS.—A student may not participate in
174 the program if he or she:
175 (a) Is enrolled in a school operating to provide
176 educational services to youth in a commitment program for the
177 Department of Juvenile Justice;
178 (b) Participates in a virtual school, correspondence
179 school, or distance learning program that receives state funding
180 for the student’s participation;
181 (c) Is enrolled in the Florida School for the Deaf and the
182 Blind; or
183 (d) Is receiving an educational scholarship pursuant to
184 chapter 1002.
185 (4) PARENT AND STUDENT OPTIONS.—
186 (a) A parent may direct a financial institution trustee of
187 his or her child’s account to use the funds in such account, in
188 whole or in combination, to:
189 1. Pay the tuition and fees for the child to attend an
190 eligible private school;
191 2. Pay the tuition and fees for the child to attend an
192 eligible private virtual school;
193 3. Pay a private tutor or private tutoring program
194 qualified under s. 1002.43 for supplemental educational
195 services;
196 4. Pay the cost of tuition, books, or fees for the child to
197 enroll in a dual enrollment program at a public postsecondary
198 institution;
199 5. Pay the cost of tuition, books, or fees for the child to
200 enroll in a dual enrollment program at an eligible private
201 postsecondary institution;
202 6. Contribute to the child’s college savings plan; or
203 7. Make a payment toward the purchase of a contract under
204 the Stanley G. Tate Florida Prepaid College Program in s.
205 1009.98.
206 (b) A parent may direct the trustee to transfer the account
207 to another financial institution participating in the program as
208 provided by the Chief Financial Officer by rule.
209 (c) Within 3 months after his or her child graduates from
210 high school or no longer participates in the program, a parent
211 may direct the trustee to donate any unspent funds in the
212 account to any private school, private virtual school, private
213 tutor, private tutoring program, or public or private
214 postsecondary institution identified in subparagraphs (a)1.
215 (a)5. or to the school district for the county in which the
216 child last resided before the child’s participation in the
217 program was terminated. If a parent fails to identify an
218 institution to which the trustee must donate the funds, the
219 trustee must donate the funds to the school district for the
220 county in which the child last resided before the child’s
221 participation in the program was terminated.
222 (5) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
223 PARTICIPATION.—
224 (a) A parent must annually apply to the department on
225 behalf of his or her child during the annual enrollment period.
226 As part of the enrollment, the parent must identify the
227 educational option chosen to meet the compulsory attendance
228 requirements of state law whether through attendance at a
229 private school or private virtual school, enrollment in a home
230 education program under s. 1002.41, or a private tutoring
231 program under s. 1002.43.
232 (b)1. If a parent elects for his or her child to attend an
233 eligible private school or private virtual school, the parent or
234 the child must:
235 a. Select an eligible private school or private virtual
236 school and apply for admission;
237 b. Inform the child’s school district when the parent
238 withdraws the child to attend the private school or private
239 virtual school;
240 c. Remain in attendance in the selected school throughout
241 the school year unless excused by the school for illness or
242 other good cause;
243 d. Comply with the school’s published policies;
244 e. Ensure that the child participating in the program takes
245 the nationally norm-referenced tests administered by the school
246 which are required by the department. The parent may also choose
247 to have the child participate in a statewide assessment pursuant
248 to s. 1008.22. If the parent requests that the child take a
249 statewide assessment, the parent is responsible for transporting
250 the child to the testing site designated by the school district;
251 and
252 f. Pay the balance of the school’s tuition and fees in
253 excess of the funds in the child’s account.
254 2. A parent who chooses to comply with the compulsory
255 attendance requirements by enrolling his or her child in a
256 private school or private virtual school may also choose to
257 enroll the child in a dual enrollment program through a public
258 postsecondary institution or an eligible private postsecondary
259 institution and use funds from the child’s account for such
260 purpose. The parent and child must register and apply for
261 admission during the institution’s registration or application
262 period and are responsible for paying the balance of tuition and
263 fees which is not covered by payments from the child’s account.
264 (c)1. If a parent elects for his or her child to
265 participate in a home education program, the parent and child
266 must comply with s. 1002.41.
267 2. A parent who chooses to comply with the compulsory
268 attendance requirements by enrolling his or her child in a home
269 education program may also choose to enroll the child in a dual
270 enrollment program through a public postsecondary institution or
271 an eligible private postsecondary institution and use funds from
272 the child’s account for such purpose. The parent and child must
273 register and apply for admission during the institution’s
274 registration or application period and are responsible for
275 paying the balance of tuition and fees which is not covered by
276 payments from the child’s account.
277 (d)1. If a parent elects for his or her child to receive an
278 education from an eligible private tutor or private tutoring
279 program, the parent and the child must comply with this chapter.
280 2. A parent who chooses to comply with the compulsory
281 attendance requirements through the use of a private tutor or
282 private tutoring program may also choose to enroll his or her
283 child in a dual enrollment program through a public
284 postsecondary institution or an eligible private postsecondary
285 institution and use funds from the child’s account for such
286 purpose. The parent and child must register and apply for
287 admission during the institution’s registration or application
288 period and are responsible for paying the balance of tuition and
289 fees which is not covered by payments from the child’s account.
290 (e) If a parent elects to use any portion of his or her
291 child’s account as payment for private tutoring through an
292 eligible supplemental educational services provider, the parent
293 is responsible for payments to the provider which are not
294 covered by the child’s account.
295 (f) If a parent elects for his or her child to participate
296 in dual enrollment at a public postsecondary institution or an
297 eligible private postsecondary institution, the parent or the
298 child must:
299 1. Register and apply for admission during the
300 institution’s registration or application period.
301 2. Inform the child’s school district when the parent
302 withdraws the child to attend the postsecondary institution.
303 3. Remain in attendance in the postsecondary institution
304 throughout the school year unless excused by the institution for
305 illness or other good cause.
306 4. Comply with the institution’s published policies.
307 5. Pay the balance of the postsecondary institution’s
308 tuition and fees in excess of the funds in the child’s account.
309 (g) If a parent elects to use any of the funds in his or
310 her child’s account to make a contribution to a college savings
311 plan, the parent must comply with all federal and state laws
312 related to contributions to a college savings plan.
313 (h) If a parent elects to use any of the funds in his or
314 her child’s account toward the purchase of a contract under the
315 Stanley G. Tate Florida Prepaid College Program, the parent must
316 comply with all rules and requirements of the program and is
317 responsible for payments in excess of the funds in the account.
318
319 A child may return to the public school system at any time and
320 quarterly payments to the child’s account shall cease. The
321 parent of a child who chooses to return to the public school
322 system is responsible for the payment of any outstanding balance
323 owed to the private school, private virtual school, private
324 tutor, private tutoring program, public postsecondary
325 institution, or private postsecondary education institution
326 which was in excess of the funds in the account when payments to
327 the account ceased.
328 (6) EDUCATIONAL INSTITUTION ELIGIBILITY AND OBLIGATIONS.—
329 (a) A private school is eligible to participate in the
330 program, whether sectarian or nonsectarian, if the school:
331 1. Is accredited by the Southern Association of Colleges
332 and Schools or is eligible to participate in the Florida Tax
333 Credit Scholarship Program or the John M. McKay Scholarships for
334 Students with Disabilities Program; and
335 2. Complies with rules adopted by the State Board of
336 Education for participation in the program.
337 (b) A private virtual school is eligible to participate in
338 the program, whether sectarian or nonsectarian, if the school:
339 1. Is approved by the department to participate in the
340 school district virtual instruction program under s. 1002.45;
341 and
342 2. Complies with rules adopted by the State Board of
343 Education for participation in the program.
344 (c) A private tutor or private tutoring program is eligible
345 to participate in the program if the private tutor or private
346 tutoring program:
347 1. Is qualified under s. 1002.43;
348 2. Complies with rules adopted by the State Board of
349 Education for participation in the program; and
350 3. Is a supplemental educational services provider under
351 the federal Elementary and Secondary Education Act.
352 (d) All public postsecondary institutions are eligible to
353 participate in the program and must comply with rules adopted by
354 the State Board of Education for participation in the program.
355 (e) A private postsecondary institution is eligible to
356 participate in the program, whether sectarian or nonsectarian,
357 if the institution is a member of the Independent Colleges and
358 Universities of Florida and complies with rules adopted by the
359 State Board of Education for participation in the program.
360 (7) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
361 Education shall:
362 (a) Establish an annual enrollment period and a process in
363 which a parent may apply to enroll his or her child in the
364 program. The enrollment period must begin by January 1 and end
365 by March 1 before the school year in which funding for the
366 child’s account is sought. All applications must be processed by
367 May 1 of each year.
368 (b) Randomly select students attending a home education
369 program or private school who are eligible under subparagraph
370 (2)(a)4. to participate in the program if the appropriation to
371 the program is sufficient to fully fund the accounts of all
372 other applicants but is insufficient to fully fund the accounts
373 of all applicants who are attending a home education program or
374 private school.
375 (c) Annually verify the eligibility of private schools,
376 private virtual schools, private tutors, private tutoring
377 programs, and postsecondary institutions to participate in the
378 program and publish a list of eligible schools, tutors, tutoring
379 programs, and postsecondary institutions.
380 (d) Annually, by March 15, submit to participating
381 financial institutions a list of eligible private schools,
382 private virtual schools, private tutors, private tutoring
383 programs, and private postsecondary institutions.
384 (e) Notify participating financial institutions of students
385 who are approved to participate in the program. The notice must
386 be made annually, by May 1, after the department processes all
387 applications to participate in the program.
388 (f) Establish a toll-free hotline that provides parents and
389 private schools with information on the program.
390 (g) Establish a process by which a person may notify the
391 department of any violation of laws or rules relating to
392 participation in the program. The department shall conduct an
393 inquiry of all signed, written, and legally sufficient
394 complaints that allege a violation of this section, or must make
395 a referral to the appropriate agency for an investigation. A
396 complaint is legally sufficient if it states ultimate facts
397 showing that this section or a rule adopted under this section
398 has been violated.
399 (h) Require participating private schools and private
400 virtual schools to annually certify compliance with the
401 requirements of the program. The certification must be made in a
402 sworn and notarized statement by the head of the private school.
403 (i) Compare the list of students participating in the
404 program with the public school enrollment lists to avoid
405 duplicate payments.
406 (j) Maintain a list of nationally norm-referenced tests
407 identified by the department which must be administered by a
408 participating private school or private virtual school to
409 students participating in the program. The tests must meet
410 industry standards of quality under rules of the State Board of
411 Education.
412 (k) Select an independent research organization, which may
413 be a public or private entity or university, to which
414 participating private schools and private virtual schools must
415 report the scores of participating students on the nationally
416 norm-referenced tests administered by the schools in grades 3
417 through 10.
418 1. The independent research organization must annually
419 issue a report to the department which includes:
420 a. The year-to-year learning gains of students in the
421 program;
422 b. To the extent possible, a comparison of the learning
423 gains of students in the program to the statewide learning gains
424 of public school students having backgrounds similar to those of
425 the students in the program. In order to minimize the costs and
426 time that the independent research organization requires for
427 analysis and evaluation, the department shall conduct analyses
428 of assessment data from matched students in public schools and
429 shall calculate learning gains of control groups using a
430 methodology outlined in the contract with the independent
431 research organization; and
432 c. The aggregate year-to-year learning gains of students in
433 the program in each participating private school in which there
434 are at least 30 participating students having scores for tests
435 for 2 consecutive years at that private school.
436 2. The sharing and reporting of the learning gains of
437 students pursuant to this paragraph must be in accordance with
438 s. 20 U.S.C. s. 1232g, the Family Educational Rights and Privacy
439 Act, and may be for the sole purpose of creating the annual
440 report required by subparagraph 1. The department and the
441 independent research organization shall preserve the
442 confidentiality of such information as required by law. The
443 organization may not disaggregate data in its annual report to a
444 level that will identify individual participating schools,
445 except as required under sub-subparagraph 1.c., or disclose the
446 academic level of individual students.
447 3. The department shall publish the annual report on its
448 website.
449 (l) Conduct random site visits to private schools, private
450 tutors, private tutoring programs, and private postsecondary
451 institutions participating in the program. During a site visit,
452 the department may conduct only activities to verify the
453 information reported by the schools concerning the enrollment
454 and attendance of students, the credentials of teachers, and the
455 results of criminal history record checks of teachers.
456 (m) Annually, by December 15, submit a report to the
457 Governor, the President of the Senate, and the Speaker of the
458 House of Representatives describing the implementation of
459 accountability mechanisms for the program; identifying any
460 violations of a law or rule governing the program concerning the
461 enrollment and attendance of students, the credentials of
462 teachers, or the background screening of teachers; and
463 describing the corrective actions taken by the department
464 relating to violations of a law or rule governing the program.
465 (8) CHIEF FINANCIAL OFFICER OBLIGATIONS.—The Chief
466 Financial Officer shall:
467 (a) Process applications from financial institutions
468 applying to participate in the program.
469 (b) Provide a list of participating financial institutions
470 to the department by March 1 of each year.
471 (c) Conduct random audits of financial institutions
472 participating in the program to ensure compliance with this
473 section.
474 (d) Revoke the eligibility of a financial institution that
475 fails to comply with its obligations under this section.
476 (e) Upon notice from the department, make payments to the
477 accounts of participating students in four equal installments by
478 September 1, November 1, February 1, and April 1.
479 (9) OBLIGATIONS OF FINANCIAL INSTITUTIONS.—
480 (a) A financial institution must apply to the Chief
481 Financial Officer for approval to participate in the program.
482 The Chief Financial Officer must approve the application of a
483 financial institution if the institution agrees to do all of the
484 following:
485 1. Serve as a trustee of the funds in a student’s account.
486 2. Limit its fees imposed on each account to 3 percent or
487 less of each payment it makes from an account.
488 3. Make timely quarterly payments directly to the eligible
489 private school, private virtual school, private tutor, private
490 tutoring program, or eligible private postsecondary institution
491 selected by the parent. The amount of the quarterly payment to
492 these institutions may not exceed:
493 a. The amount of the state quarterly payment to the
494 financial institution, less the financial institution’s fees; or
495 b. The reported tuition and fee schedule provided to the
496 department for the educational institution.
497 4. Make timely quarterly payments directly to a public
498 postsecondary institution selected by the parent for the payment
499 of books, tuition, and fees charged for a student’s
500 participation in a dual enrollment program. The amount of the
501 quarterly payment to these institutions may not exceed:
502 a. The amount of the state quarterly payment to the
503 financial institution, less the financial institution’s fees; or
504 b. The full cost of books, tuition, and fees charged for
505 the student’s participation in the dual enrollment program.
506 5. Make timely quarterly payments directly to the selected
507 college savings plan or the Stanley G. Tate Florida Prepaid
508 College Program. The amount of such quarterly payment may not
509 exceed the amount of the state quarterly payment to the
510 financial institution, less the financial institution’s fees.
511 6. Notify the department by February 1, July 1, September
512 1, and December 1 of the identity of students who have accounts
513 with the institution under this section.
514 (b) A participating financial institution must annually
515 notify the Chief Financial Officer of its intent to continue
516 participating in or its intent to withdraw from the program. A
517 financial institution must provide 180 days’ notice to the Chief
518 Financial Officer and to the parents of students having an
519 account at the institution before it may withdraw from the
520 program. The institution must also transfer each account to
521 another participating institution selected by a parent or to
522 another participating institution randomly selected by the Chief
523 Financial Officer if the parent fails to make a timely
524 selection.
525 (10) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.—
526 (a)1. The Commissioner of Education shall deny, suspend, or
527 revoke the participation of a private school, private virtual
528 school, private tutor, or private tutoring program in the
529 program if the commissioner determines that the school, tutor,
530 or tutoring program has failed to comply with this section or
531 the rules of the department adopted under this section. However,
532 if the noncompliance is correctable within a reasonable amount
533 of time and the health, safety, or welfare of the students is
534 not threatened, the commissioner may issue a notice of
535 noncompliance that shall provide the school, tutor, or tutoring
536 program with a timeframe within which to show evidence of
537 compliance before action may be taken to suspend or revoke the
538 school’s, tutor’s, or tutoring program’s participation in the
539 program.
540 2. The commissioner may deny, suspend, or revoke a private
541 school’s participation in the program if the commissioner
542 determines that an owner or operator of the private school is
543 operating or has operated an educational institution in this
544 state or another state in a manner that is contrary to the
545 health, safety, or welfare of the public. In making this
546 determination, the commissioner may consider factors including,
547 but not limited to, acts or omissions by the owner or operator
548 which led to a previous denial or revocation of participation in
549 an education scholarship program or an education savings account
550 program; an owner’s or operator’s failure to reimburse a
551 student’s account for funds improperly received or retained by a
552 school; imposition of a prior criminal or civil administrative
553 sanction related to an owner’s or operator’s management or
554 operation of an educational institution; or the existence of
555 other types of criminal proceedings in which the owner or
556 operator was found guilty of, regardless of adjudication, or
557 entered a plea of nolo contendere or guilty to any offense
558 involving fraud, deceit, dishonesty, or moral turpitude.
559 (b) The commissioner’s determination to deny, suspend, or
560 revoke a private school’s participation in the program is
561 subject to the following:
562 1. The department must notify the private school of the
563 proposed action in writing by certified mail and regular mail to
564 the private school’s address of record with the department. The
565 notice shall state the reasons for the proposed action and
566 notice of the timelines and procedures set forth in this
567 paragraph.
568 2. The private school that is adversely affected by the
569 proposed action has 15 days after receipt of the notice of
570 proposed action to file with the clerk of the department a
571 request for a proceeding pursuant to ss. 120.569 and 120.57. If
572 the private school is entitled to a hearing under s. 120.57(1),
573 the department shall forward the request to the Division of
574 Administrative Hearings.
575 3. Upon receipt of a request for a proceeding referred
576 pursuant to this paragraph, the director of the Division of
577 Administrative Hearings shall expedite the hearing and assign an
578 administrative law judge who shall commence a hearing within 30
579 days after the receipt of the formal written request from the
580 department and enter a recommended order within 30 days after
581 the hearing or within 30 days after receipt of the hearing
582 transcript, whichever is later. Each party may submit written
583 exceptions to the recommended order within 10 days after the
584 recommended order is entered. The department shall enter a final
585 order within 30 days after the entry of the recommended order.
586 The provisions of this subparagraph may be waived upon
587 stipulation by all parties.
588 (c) The commissioner may order participating financial
589 institutions to suspend payment of funds from accounts to a
590 private school if the commissioner finds that probable cause of
591 any of the following exists:
592 1. An imminent threat to the health, safety, and welfare of
593 a student; or
594 2. Fraudulent activity on the part of the private school.
595
596 The commissioner’s order suspending payment pursuant to this
597 paragraph may be appealed pursuant to the same procedures and
598 timelines as the notice of proposed action set forth in
599 paragraph (b).
600 (11) AUTHORIZED RELEASE OF CONFIDENTIAL INFORMATION.
601 Notwithstanding s. 1002.22, in incidents of alleged fraudulent
602 activity relating to participation in the program, the Office of
603 Inspector General of the department may release personally
604 identifiable records or reports of students to the following
605 persons or organizations:
606 (a) A court of competent jurisdiction in compliance with an
607 order of that court or the attorney of record in accordance with
608 a lawfully issued subpoena, consistent with the Family
609 Educational Rights and Privacy Act, 20 U.S.C. s. 1232g.
610 (b) A person or entity authorized by a court of competent
611 jurisdiction in compliance with an order of that court or the
612 attorney of record pursuant to a lawfully issued subpoena,
613 consistent with the Family Educational Rights and Privacy Act,
614 20 U.S.C. s. 1232g.
615 (c) A person, entity, or authority issuing a subpoena for
616 law enforcement purposes if the court or other issuing agency
617 has ordered that the existence or the contents of the subpoena
618 or the information furnished in response to the subpoena not be
619 disclosed, consistent with the Family Educational Rights and
620 Privacy Act, 20 U.S.C. s. 1232g, and 34 C.F.R. s. 99.31.
621 (12) EDUCATION SAVINGS ACCOUNT AMOUNT.—The total amount of
622 payments to a participating student’s account for a single
623 school year shall be equal to 40 percent of the base student
624 allocation under the Florida Education Finance Program
625 multiplied by the appropriate cost factor for the educational
626 program that would have been provided for the student in the
627 district school to which he or she was assigned, multiplied by
628 the district cost differential plus the per-student share of
629 instructional materials funds and other categorical funds as
630 appropriated in the General Appropriations Act.
631 (13) RANDOM SELECTION OF PROGRAM PARTICIPANTS.—By April 1
632 of each year, the department shall randomly select applicants to
633 participate in the program who are in home education programs
634 and private schools and who did not participate in the program
635 during the prior school year. The number of spaces available for
636 these students shall equal the number of students who enrolled
637 in the program during the annual enrollment period and were
638 counted as full-time equivalent students at a public school
639 during the previous state fiscal year for purposes of state per
640 student funding. For purposes of this calculation, the number of
641 new participants in the program who were public school students
642 does not include kindergarten and first grade students and
643 siblings of other students participating in the program.
644 (14) LEGISLATIVE BUDGET COMMISSION.—Each quarter the
645 Legislative Budget Commission may transfer any funds
646 appropriated for the program in excess of amounts required to
647 fully fund the accounts of all participating students to the
648 Florida Education Finance Program.
649 (15) ADMINISTRATION; RULES.—
650 (a) The department and the Department of Financial Services
651 shall develop a cooperative agreement to assist in the
652 administration of this section.
653 (b) The State Board of Education shall adopt rules
654 necessary for the department and the Commissioner of Education
655 to administer this section, including rules relating to the
656 establishment of the enrollment period, enrollment forms, and
657 reporting requirements for financial institutions and schools.
658 (c) The Chief Financial Officer shall adopt rules necessary
659 to administer this section, including rules relating to the
660 eligibility and auditing of participating financial
661 institutions.
662 Section 2. Enrollment period for the 2017-2018 school
663 year.—
664 (1) Notwithstanding s. 1002.387(7), Florida Statutes, the
665 enrollment period to participate in the Education Savings
666 Account Program for the 2017-2018 school year is July 1 through
667 July 31. The number of students who may participate is limited
668 to the number of participants specified in the General
669 Appropriations Act.
670 (2) Notwithstanding s. 1002.387(2), Florida Statutes, the
671 students eligible to participate in the Education Savings
672 Account Program during the 2017-2018 school year are limited to
673 students identified in s. 1002.387(2)a.1. and 3., Florida
674 Statutes.
675 (3) If the Department of Education receives more
676 applications for eligible students during the enrollment period
677 for the 2017-2018 school year than the number specified in the
678 General Appropriations Act, the department shall randomly select
679 the students who may participate in the program.
680 (4)(a) The State Board of Education may adopt emergency
681 rules for the department and the Commissioner of Education to
682 implement the program.
683 (b) The Chief Financial Officer may adopt emergency rules
684 to implement the program.
685 Section 3. This act shall take effect upon becoming a law.
