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 1197 2024
1 A bill to be entitled
2 An act relating to the Early Child Care Universal
3 Voucher Program; creating s. 1002.396, F.S.;
4 establishing the Early Child Care Universal Voucher
5 Program; providing the purpose of the program;
6 defining terms; providing eligibility requirements for
7 the program; providing for certain students to be
8 placed on a wait list under certain circumstances;
9 providing authorized uses for program funds; providin g
10 requirements for terms of a scholarship; providing
11 ineligibility requirements; providing early learning
12 coalition, Department of Education, and program
13 provider obligations; providing program provider
14 eligibility criteria; providing parent and student
15 responsibilities for program participation; providing
16 requirements for the funding and payment of
17 scholarships; providing construction; requiring the
18 State Board of Education to adopt rules; providing an
19 effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 1002.396, Florida Statutes, is created
24 to read:
25 1002.396 The Early Child Care Universal Voucher Program.—
Page 1 of 21
CODING: Words stricken are deletions; words underlined are additions.
hb1197-00
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 1197 2024
26 (1) PURPOSE.—The Early Child Care Universal Voucher
27 Program is established to provide children of families in this
28 state which have limited financial resources with early
29 education options to achieve success in their education.
30 (2) DEFINITIONS.—As used in this section, the term:
31 (a) "Department" means the Department of Education.
32 (b) "Disability" means, for a student 6 years of age or
33 younger, autism spectrum disorder, as defined in the Diagnostic
34 and Statistical Manual of Mental Disorders, Fifth Edition,
35 published by the American Psychiatric Association; cerebral
36 palsy, as defined in s. 393.063; Down syndrome, as defined in s.
37 393.063; an intellectual disability, as defined in s. 393.063; a
38 speech impairment; a language impairment; an orthopedic
39 impairment; any other health impairment; an emotional or a
40 behavioral disability; a specific learning disability,
41 including, but not limited to, dyslexia, dyscalculia, or
42 developmental aphasia; Phelan-McDermid syndrome, as defined in
43 s. 393.063; Prader-Willi syndrome, as defined in s. 393.063;
44 spina bifida, as defined in s. 393.063; being a high-risk child,
45 as defined in s. 393.063(22)(a); muscular dystrophy; Williams
46 syndrome; rare diseases which affect patient populations of
47 fewer than 200,000 individuals in the United States, as defined
48 by the National Organization for Rare Disorders; anaphylaxis; a
49 hearing impairment, including deafness; a visual impairment,
50 including blindness; traumatic brain injury; being hospital or
Page 2 of 21
CODING: Words stricken are deletions; words underlined are additions.
hb1197-00
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 1197 2024
51 homebound; or identification as dual sensory impaired, as
52 defined by rules of the State Board of Education and evidenced
53 by reports from local school districts. The term "hospital or
54 homebound" includes a student who has a medically diagnosed
55 physical or psychiatric condition or illness, as defined by the
56 state board in rule, and who is confined to the home or hospital
57 for more than 6 months. A disability under this paragraph must
58 be diagnosed by a physician who is licensed under chapter 458 or
59 chapter 459, a psychologist who is licensed under chapter 490,
60 or a physician who holds an active license issued by another
61 state or territory of the United States, the District of
62 Columbia, or the Commonwealth of Puerto Rico.
63 (c) "Early learning coalition" has the same meaning as in
64 s. 1002.51(4).
65 (d) "Parent" means a resident of this state who is a
66 parent, as defined in s. 1000.21.
67 (e) "Program" means the Early Child Care Universal Voucher
68 Program.
69 (f) "Program provider" means a:
70 1. Provider eligible for the Voluntary Prekindergarten
71 Education Program or the school readiness program.
72 2. An informal provider, including a grandparent, an au nt,
73 an uncle, a sibling, or any other person, who provides care to
74 the student and meets the requirements established by the
75 department.
Page 3 of 21
CODING: Words stricken are deletions; words underlined are additions.
hb1197-00
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 1197 2024
76 (3) SCHOLARSHIP ELIGIBILITY.—
77 (a) A parent of a student may request and receive from the
78 state a scholarship for the purposes specified in paragraph
79 (4)(a) if the student is a resident of this state and is 6 years
80 of age or younger. A student who receives a Family Empowerment
81 Scholarship or a Florida Tax Credit Scholarship is ineligible
82 for an award under the program.
83 (b) A parent of a student with a disability may request
84 and receive from the state a scholarship for the purposes
85 specified in paragraph (4)(b) if the student has a disability,
86 is a resident of this state, and is 13 years of age or younger.
87 A student who receives a Family Empowerment Scholarship or a
88 Florida Tax Credit Scholarship is ineligible for an award under
89 the program.
90 (c) An approved student who does not receive a scholarship
91 must be placed on the wait list in the order in which the
92 student is approved. An eligible student who does not receive a
93 scholarship within the fiscal year must be retained on the wait
94 list for the subsequent fiscal year.
95 (4) AUTHORIZED USES OF PROGRAM FUNDS.—
96 (a) Program funds awarded to a student determined eligible
97 pursuant to paragraph (3)(a) may be used for:
98 1. Tuition and fees at a child care provider, a family
99 child care provider, or an informal provider.
100 2. Transportation to an approved form of care under
Page 4 of 21
CODING: Words stricken are deletions; words underlined are additions.
hb1197-00
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 1197 2024
101 subparagraph 1.
102 3. Instructional materials, including digital materials
103 and Internet resources.
104 4. Fees for state and national assessments.
105 5. Tuition and fees for part-time tutoring services or
106 fees for qualified early educators. For part-time tutoring
107 services, such services must be provided by a person who holds a
108 valid Florida educator's certificate pursuant to s. 1012.56, a
109 person who holds an adjunct teaching certificate pursuant to s.
110 1012.57, a person who has a bachelor's degree or a graduate
111 degree in the subject area in which instruction is given, a
112 person who has demonstrated a mastery of subject area knowledge
113 pursuant to s. 1012.56(5), or a person certified by a nationally
114 or internationally recognized research-based training program as
115 approved by the department. As used in this subparagraph, the
116 term "part-time tutoring services" does not qualify as regular
117 school attendance as defined in s. 1003.01(16)(e).
118 6. Contributions to the Stanley G. Tate Florida Prepaid
119 College Program pursuant to s. 1009.98 or the Flori da College
120 Savings Program pursuant to s. 1009.981 for the benefit of the
121 eligible student.
122 (b) Program funds awarded to a student with a disability
123 determined eligible pursuant to paragraph (3)(b) may be used for
124 the following purposes based on the student's matrix level of
125 services or an evaluation from a licensed physician:
Page 5 of 21
CODING: Words stricken are deletions; words underlined are additions.
hb1197-00
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 1197 2024
126 1. Instructional materials, including digital devices,
127 digital periphery devices, and assistive technology devices that
128 allow a student to access instruction or instructional content.
129 2. Specialized services by approved providers or by a
130 hospital in this state which are selected by the parent. These
131 specialized services may include, but are not limited to:
132 a. Applied behavior analysis services as provided in ss.
133 627.6686 and 641.31098.
134 b. Services provided by speech-language pathologists as
135 defined in s. 468.1125(8).
136 c. Occupational therapy as defined in s. 468.203.
137 d. Physical therapy as defined in s. 486.021(8).
138 e. Services provided by listening and spoken language
139 specialists and an appropriate acoustical environment for a
140 student who has a hearing impairment, including deafness, and
141 who has received an implant or assistive hearing device.
142 3. Fees for specialized summer education programs.
143 4. Fees for specialized after-school education programs.
144 5. Fees for other approved therapeutic services provided
145 by qualified providers and consistent with student's treatment
146 plan, individualized education plan, individualized family
147 support plan, or 504 plan.
148 (5) TERM OF SCHOLARSHIP.—For purposes of continuity of
149 educational choice under the program:
150 (a)1. A scholarship awarded to an eligible student
Page 6 of 21
CODING: Words stricken are deletions; words underlined are additions.
hb1197-00
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 1197 2024
151 pursuant to paragraph (3)(a) shall remain in force until:
152 a. The early learning coalition determines that the
153 student is ineligible for program renewal;
154 b. The Commissioner of Education suspends or revokes
155 program participation or use of funds;
156 c. The student's parent forfeits participation in the
157 program for failure to comply with subsection (10); or
158 d. The student is eligible to attend kindergarten.
159 2.a. The student's scholarship account must be closed and
160 any remaining funds shall revert to the state after:
161 (I) Suspension or revocation of program participation or
162 use of funds by the commissioner for fraud or abuse, including,
163 but not limited to, the student or student's parent accepting
164 any payment, refund, or rebate, in any manner, from a provider
165 of any services received pursuant to paragraph (4)(a);
166 (II) Two consecutive fiscal years in which an account has
167 been inactive; or
168 (III) The student is eligible to attend kindergarten.
169 b. Reimbursements for program expenditures may continue
170 until the account balance is expended or remaining funds have
171 reverted to the state.
172 (b)1. A scholarship awarded to an eligible student
173 pursuant to paragraph (3)(b) shall remain in force until:
174 a. The parent does not renew program eligibility;
175 b. The early learning coalition determines that the
Page 7 of 21
CODING: Words stricken are deletions; words underlined are additions.
hb1197-00
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 1197 2024
176 student is ineligible for program renewal;
177 c. The Commissioner of Education suspends or revokes
178 program participation or use of funds;
179 d. The student's parent forfeits participation in the
180 program for failure to comply with subsection (10); or
181 e. The student is eligible to enroll in kindergarten.
182 2. Reimbursements for program expenditures may continue
183 until the account balance is expended or the account is closed.
184 3. A student's scholarship account must be closed and any
185 remaining funds, including, but not limited to, contribu tions
186 made to the Stanley G. Tate Florida Prepaid College Program
187 using program funds or earnings from or contributions made to
188 the Florida College Savings Program using program funds, shall
189 revert to the state after:
190 a. Suspension or revocation of program participation or
191 use of funds by the commissioner for fraud or abuse, including,
192 but not limited to, the student or student's parent accepting
193 any payment, refund, or rebate, in any manner, from a provider
194 of any services received pursuant to paragraph (4)(b); or
195 b. Two consecutive fiscal years in which an account has
196 been inactive.
197 (6) SCHOLARSHIP PROHIBITIONS.—A student is ineligible for
198 a scholarship through the program while he or she is receiving
199 any other educational scholarship pursuant to this chapter.
200 (7) EARLY LEARNING COALITION OBLIGATIONS.—An early
Page 8 of 21
CODING: Words stricken are deletions; words underlined are additions.
hb1197-00
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 1197 2024
201 learning coalition awarding scholarships to eligible students:
202 (a) If a student with a disability who is enrolled in the
203 program does not have an individual education plan (IEP) or
204 other authorized assessment, shall request an IEP evaluation or
205 reevaluation from the school district in which the student
206 resides. For private school students, the early learning
207 coalition may accept evaluation reports and plans developed by
208 licensed professionals to develop matrix scores.
209 (b) Shall provide for the administration of the
210 coordinated screening and progress monitoring system under s.
211 1008.25(9).
212 (c) Must publish information about the program on the
213 coalition's