F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1437 2022
1 A bill to be entitled
2 An act relating to the Hope Scholarship Program;
3 amending s. 1002.40, F.S.; revising the purpose of the
4 Hope Scholarship Program; defining terms and revising
5 definitions; deleting obsolete language; revising
6 program eligibility; providing for the use of funds
7 under the program; revising the term of a program
8 scholarship; revising school district, Department of
9 Education, parent, and nonprofit scholarship-funding
10 organization obligations under the program;
11 authorizing payment of scholarship funds by
12 organizations to be made by deposit into the student's
13 account instead of by individual warrant made payable
14 to the student's parent; providing that accrued
15 interest in the student's account is in addition to,
16 and not part of, awarded funds; providing that program
17 funds include both the awarded funds and accrued
18 interest; prohibiting a student's scholarship award
19 from being reduced for debit card or electronic
20 payment fees; conforming provisions to changes made by
21 the act; amending ss. 213.053, 1002.394, and 1002.395,
22 F.S.; conforming cross-references; providing an
23 effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
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26
27 Section 1. Section 1002.40, Florida Statutes, is amended
28 to read:
29 1002.40 The Hope Scholarship Program.—
30 (1) PURPOSE.—The Hope Scholarship Program is established
31 to provide the parent of a public school student who was
32 subjected to an incident listed in subsection (3) or who attends
33 a school overseen by a district school board that is subject to
34 ongoing action initiated by the State Board of Education
35 pursuant to s. 1008.32(4)(b), (c), or (d) an opportunity to
36 transfer the student to another public school or to request a
37 scholarship for the student to enroll in and attend an eligible
38 private school.
39 (2) DEFINITIONS.—As used in this section, the term:
40 (a) "Curriculum" means a complete course of study for a
41 particular content area or grade level, including any required
42 supplemental materials and associated online instruction.
43 (b) "Dealer" has the same meaning as provided in s.
44 212.06.
45 (c)(b) "Department" means the Department of Education.
46 (d)(c) "Designated agent" has the same meaning as provided
47 in s. 212.06(10).
48 (e)(d) "Eligible contribution" or "contribution" means a
49 monetary contribution from a person purchasing a motor vehicle,
50 subject to the restrictions provided in this section, to an
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51 eligible nonprofit scholarship-funding organization. The person
52 making the contribution may not designate a specific student as
53 the beneficiary of the contribution.
54 (f)(e) "Eligible nonprofit scholarship-funding
55 organization" or "organization" has the same meaning as provided
56 in s. 1002.395(2)(f).
57 (g)(f) "Eligible private school" has the same meaning as
58 provided in s. 1002.395(2)(g).
59 (h) "Inactive" means that no eligible expenditures have
60 been made from an account funded pursuant to subsection (12).
61 (i)(g) "Motor vehicle" has the same meaning as provided in
62 s. 320.01(1)(a), but does not include a heavy truck, truck
63 tractor, trailer, or motorcycle.
64 (j)(h) "Parent" means a resident of this state who is a
65 parent, as defined in s. 1000.21, and whose student reported an
66 incident in accordance with subsection (7) (6) or whose student
67 attends a school overseen by a district school board that is
68 subject to ongoing action initiated by the State Board of
69 Education pursuant to s. 1008.32(4)(b), (c), or (d) .
70 (k)(i) "Program" means the Hope Scholarship Program.
71 (l)(j) "School" means any educational program or activity
72 conducted by a public K-12 educational institution, any school-
73 related or school-sponsored program or activity, and riding on a
74 school bus, as defined in s. 1006.25(1), including waiting at a
75 school bus stop.
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76 (k) "Unweighted FTE funding amount" means the statewide
77 average total funds per unweighted full-time equivalent funding
78 amount that is incorporated by reference in the General
79 Appropriations Act, or by a subsequent special appropriations
80 act, for the applicable state fiscal year.
81 (3) PROGRAM ELIGIBILITY.—Beginning with the 2018-2019
82 school year, Contingent upon available funds, and on a first-
83 come, first-served basis, a student enrolled in a Florida public
84 school in kindergarten through grade 12 is eligible for a
85 scholarship under this program if:
86 (a) The student or student's parent reported an incident
87 in accordance with subsection (6), regardless of the outcome of
88 any investigation. For purposes of this section, the term
89 "incident" means battery; harassment; hazing; bullying;
90 kidnapping; physical attack; robbery; sexual offenses,
91 harassment, assault, or battery; threat or intimidation; or
92 fighting at school, as defined by the department in accordance
93 with s. 1006.09(6); or
94 (b) The student attends a school overseen by a district
95 school board that is subject to ongoing action initiated by the
96 State Board of Education pursuant to s. 1008.32(4)(b), (c), or
97 (d).
98 (4) AUTHORIZED USES OF PROGRAM FUNDS.—
99 (a) Program funds awarded to a student who meets the
100 eligibility requirements in subsection (3) and who opts to
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101 enroll in and attend an eligible private school may be used for:
102 1. Instructional materials, including digital devices,
103 digital periphery devices, and assistive technology devices that
104 allow a student to access instruction or instructional content
105 and training on the use of and maintenance agreements for these
106 devices.
107 2. Curriculum as defined in subsection (2).
108 3. Tuition and fees at an eligible private school.
109 4. Fees for nationally standardized, norm-referenced
110 achievement tests, Advanced Placement Examinations, industry
111 certification examinations, assessments related to postsecondary
112 education, or other assessments.
113 5. Contributions to the Stanley G. Tate Florida Prepaid
114 College Program pursuant to s. 1009.98 or the Florida College
115 Savings Program pursuant to s. 1009.981 for the benefit of the
116 eligible student.
117 (b) Program funds awarded to a student who meets the
118 eligibility requirements in subsection (3) and who opts to
119 transfer to a public school located outside the district in
120 which the student resides pursuant to s. 1002.31 may be used to
121 transport the student.
122 (5) PROGRAM PROHIBITIONS.—Payment of a scholarship to a
123 student enrolled in a private school may not be made if a
124 student is:
125 (a) Enrolled in a public school, including, but not
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126 limited to, the Florida School for the Deaf and the Blind; the
127 College-Preparatory Boarding Academy; a developmental research
128 school authorized under s. 1002.32; or a charter school
129 authorized under s. 1002.33, s. 1002.331, or s. 1002.332;
130 (b) Enrolled in a school operating for the purpose of
131 providing educational services to youth in the Department of
132 Juvenile Justice commitment programs;
133 (c) Participating in a virtual school, correspondence
134 school, or distance learning program that receives state funding
135 pursuant to the student's participation unless the participation
136 is limited to no more than two courses per school year; or
137 (d) Receiving any other educational scholarship pursuant
138 to this chapter.
139 (6)(5) TERM OF HOPE SCHOLARSHIP.—For purposes of
140 continuity of educational choice:,
141 (a) A Hope scholarship shall remain in force until:
142 1. The student returns to public school or graduates from
143 high school, whichever occurs first. A scholarship student who
144 enrolls in a public school or public school program is
145 considered to have returned to a public school for the purpose
146 of determining the end of the scholarship's term;
147 2. The parent does not renew program eligibility;
148 3. The organization determines that the student is not
149 eligible for program renewal;
150 4. The Commissioner of Education suspends or revokes
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151 program participation or use of funds; or
152 5. The student's parent has forfeited participation in the
153 program for failure to comply with subsection (10).
154 (b) Reimbursements for program expenditures may continue
155 until the account balance is expended or the account is closed.
156 (c) A student's scholarship account must be closed and any
157 remaining funds, including, but not limited to, contributions
158 made to the Stanley G. Tate Florida Prepaid College Program or
159 earnings from or contributions made to the Florida College
160 Savings Program using program funds pursuant to subparagraph
161 (4)(a)5., shall revert to the organization after:
162 1. Denial or revocation of program eligibility by the
163 commissioner for fraud or abuse, including, but not limited to,
164 the student or student's parent accepting any payment, refund,
165 or rebate, in any manner, from a provider of any goods or
166 services received pursuant to subsection (4); or
167 2. Two consecutive fiscal years during which an account
168 has been inactive.
169 (7)(6) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
170 (a) Upon receipt of a report of an incident, the school
171 principal, or his or her designee, shall provide a copy of the
172 report to the parent and investigate the incident to determine
173 if the incident must be reported as required by s. 1006.09(6).
174 Within 24 hours after receipt of the report, the principal or
175 his or her designee shall provide a copy of the report to the
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176 parent of the alleged offender and to the superintendent. Upon
177 conclusion of the investigation or within 15 days after the
178 incident was reported, whichever occurs first, the school
179 district shall notify the parent of the program and offer the
180 parent an opportunity to enroll his or her student in another
181 public school that has capacity or to request and receive a
182 scholarship to attend an eligible private school, subject to
183 available funding. The school district shall provide such notice
184 and offer regardless of the outcome of any investigation.
185 (b) A parent of a student who is eligible pursuant to
186 paragraph (3)(a) may, at any time after the submission of the
187 report, apply directly to an organization participating in the
188 scholarship program for a scholarship. The parent must include a
189 copy of the submitted report with the application.
190 (c) A parent who chooses to enroll his or her student in a
191 public school located outside the district in which the student
192 resides pursuant to s. 1002.31 shall be eligible for a
193 scholarship to transport the student as provided in paragraph
194 (12)(b) (11)(b).
195 (d)(b) For each student participating in the program in an
196 eligible private school who chooses to participate in the
197 statewide assessments under s. 1008.22 or the Florida Alternate
198 Assessment, the school district in which the student resides
199 must notify the student and his or her parent about the
200 locations and times to take all statewide assessments.
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201 (e) Each school district shall publish information about
202 the program on the district's website homepage. At a minimum,
203 the published information must include a website link to the
204 program published on the Department of Education website as well
205 as a telephone number and an e-mail address that students and
206 parents may use to contact relevant personnel in the school
207 district to obtain information about the scholarship program.
208 (8)(7) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An
209 eligible private school may be sectarian or nonsectarian and
210 shall:
211 (a) Comply with all requirements for private schools
212 participating in state school choice scholarship programs
213 pursuant to this section and s. 1002.421.
214 (b)1.