Florida Senate - 2024 SB 1288



By Senator Powell





24-01100-24 20241288__
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 program; providing the purpose of the
5 program; defining terms; providing eligibility
6 requirements for the program; providing for certain
7 students to be placed on a wait list under certain
8 circumstances; providing authorized uses for program
9 funds; providing requirements for terms of a
10 scholarship; providing for ineligibility; providing
11 early learning coalition, Department of Education, and
12 program provider obligations; providing program
13 provider eligibility criteria; providing parent and
14 student responsibilities for program participation;
15 providing requirements for the funding and payment of
16 scholarships; providing construction; requiring the
17 State Board of Education to adopt rules; providing an
18 effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 1002.396, Florida Statutes, is created
23 to read:
24 1002.396 The Early Child Care Universal Voucher Program.—
25 (1) PURPOSE.—The Early Child Care Universal Voucher Program
26 is established to provide children of families in this state
27 which have limited financial resources with early education
28 options to achieve success in their education.
29 (2) DEFINITIONS.—As used in this section, the term:
30 (a) “Department” means the Department of Education.
31 (b) “Disability” means, for a student 6 years of age or
32 younger, autism spectrum disorder, as defined in the Diagnostic
33 and Statistical Manual of Mental Disorders, Fifth Edition,
34 published by the American Psychiatric Association; cerebral
35 palsy, as defined in s. 393.063; Down syndrome, as defined in s.
36 393.063; an intellectual disability, as defined in s. 393.063; a
37 speech impairment; a language impairment; an orthopedic
38 impairment; any other health impairment; an emotional or a
39 behavioral disability; a specific learning disability,
40 including, but not limited to, dyslexia, dyscalculia, or
41 developmental aphasia; Phelan-McDermid syndrome, as defined in
42 s. 393.063; Prader-Willi syndrome, as defined in s. 393.063;
43 spina bifida, as defined in s. 393.063; being a high-risk child,
44 as defined in s. 393.063(22)(a); muscular dystrophy; Williams
45 syndrome; rare diseases which affect patient populations of
46 fewer than 200,000 individuals in the United States, as defined
47 by the National Organization for Rare Disorders; anaphylaxis; a
48 hearing impairment, including deafness; a visual impairment,
49 including blindness; traumatic brain injury; being hospital or
50 homebound; or identification as dual sensory impaired, as
51 defined by rules of the State Board of Education and evidenced
52 by reports from local school districts. The term “hospital or
53 homebound” includes a student who has a medically diagnosed
54 physical or psychiatric condition or illness, as defined by the
55 state board in rule, and who is confined to the home or hospital
56 for more than 6 months. A disability under this paragraph must
57 be diagnosed by a physician who is licensed under chapter 458 or
58 chapter 459, a psychologist who is licensed under chapter 490,
59 or a physician who holds an active license issued by another
60 state or territory of the United States, the District of
61 Columbia, or the Commonwealth of Puerto Rico.
62 (c) “Early learning coalition” has the same meaning as in
63 s. 1002.51(4).
64 (d) “Parent” means a resident of this state who is a
65 parent, as defined in s. 1000.21.
66 (e) “Program” means the Early Child Care Universal Voucher
67 Program.
68 (f) “Program provider” means a:
69 1. Provider eligible for the Voluntary Prekindergarten
70 Education Program or the school readiness program.
71 2. An informal provider, including a grandparent, an aunt,
72 an uncle, a sibling, or any other person, who provides care to
73 the student and meets the requirements established by the
74 department.
75 (3) SCHOLARSHIP ELIGIBILITY.—
76 (a) A parent of a student may request and receive from the
77 state a scholarship for the purposes specified in paragraph
78 (4)(a) if the student is a resident of this state and is 6 years
79 of age or younger. A student who receives a Family Empowerment
80 Scholarship or a Florida Tax Credit Scholarship is ineligible
81 for an award under the program.
82 (b) A parent of a student with a disability may request and
83 receive from the state a scholarship for the purposes specified
84 in paragraph (4)(b) if the student has a disability, is a
85 resident of this state, and is 13 years of age or younger. A
86 student who receives a Family Empowerment Scholarship or a
87 Florida Tax Credit Scholarship is ineligible for an award under
88 the program.
89 (c) An approved student who does not receive a scholarship
90 must be placed on the wait list in the order in which the
91 student is approved. An eligible student who does not receive a
92 scholarship within the fiscal year must be retained on the wait
93 list for the subsequent fiscal year.
94 (4) AUTHORIZED USES OF PROGRAM FUNDS.—
95 (a) Program funds awarded to a student determined eligible
96 pursuant to paragraph (3)(a) may be used for:
97 1. Tuition and fees at a child care provider, a family
98 child care provider, or an informal provider.
99 2. Transportation to an approved form of care under
100 subparagraph 1.
101 3. Instructional materials, including digital materials and
102 Internet resources.
103 4. Fees for state and national assessments.
104 5. Tuition and fees for part-time tutoring services or fees
105 for qualified early educators. For part-time tutoring services,
106 such services must be provided by a person who holds a valid
107 Florida educator’s certificate pursuant to s. 1012.56, a person
108 who holds an adjunct teaching certificate pursuant to s.
109 1012.57, a person who has a bachelor’s degree or a graduate
110 degree in the subject area in which instruction is given, a
111 person who has demonstrated a mastery of subject area knowledge
112 pursuant to s. 1012.56(5), or a person certified by a nationally
113 or internationally recognized research-based training program as
114 approved by the department. As used in this subparagraph, the
115 term “part-time tutoring services” does not qualify as regular
116 school attendance as defined in s. 1003.01(16)(e).
117 6. Contributions to the Stanley G. Tate Florida Prepaid
118 College Program pursuant to s. 1009.98 or the Florida College
119 Savings Program pursuant to s. 1009.981 for the benefit of the
120 eligible student.
121 (b) Program funds awarded to a student with a disability
122 determined eligible pursuant to paragraph (3)(b) may be used for
123 the following purposes based on the student’s matrix level of
124 services or an evaluation from a licensed physician:
125 1. Instructional materials, including digital devices,
126 digital periphery devices, and assistive technology devices that
127 allow a student to access instruction or instructional content.
128 2. Specialized services by approved providers or by a
129 hospital in this state which are selected by the parent. These
130 specialized services may include, but are not limited to:
131 a. Applied behavior analysis services as provided in ss.
132 627.6686 and 641.31098.
133 b. Services provided by speech-language pathologists as
134 defined in s. 468.1125(8).
135 c. Occupational therapy as defined in s. 468.203.
136 d. Physical therapy as defined in s. 486.021(8).
137 e. Services provided by listening and spoken language
138 specialists and an appropriate acoustical environment for a
139 student who has a hearing impairment, including deafness, and
140 who has received an implant or assistive hearing device.
141 3. Fees for specialized summer education programs.
142 4. Fees for specialized after-school education programs.
143 5. Fees for other approved therapeutic services provided by
144 qualified providers and consistent with a student’s treatment
145 plan, individualized education plan, individualized family
146 support plan, or 504 plan.
147 (5) TERM OF SCHOLARSHIP.—For purposes of continuity of
148 educational choice under the program:
149 (a)1. A scholarship awarded to an eligible student pursuant
150 to paragraph (3)(a) shall remain in force until:
151 a. The early learning coalition determines that the student
152 is ineligible for program renewal;
153 b. The Commissioner of Education suspends or revokes
154 program participation or use of funds;
155 c. The student’s parent forfeits participation in the
156 program for failure to comply with subsection (10); or
157 d. The student is eligible to attend kindergarten.
158 2.a. The student’s scholarship account must be closed and
159 any remaining funds shall revert to the state after:
160 (I) Suspension or revocation of program participation or
161 use of funds by the commissioner for fraud or abuse, including,
162 but not limited to, the student or student’s parent accepting
163 any payment, refund, or rebate, in any manner, from a provider
164 of any services received pursuant to paragraph (4)(a);
165 (II) Two consecutive fiscal years in which an account has
166 been inactive; or
167 (III) The student is eligible to attend kindergarten.
168 b. Reimbursements for program expenditures may continue
169 until the account balance is expended or remaining funds have
170 reverted to the state.
171 (b)1. A scholarship awarded to an eligible student pursuant
172 to paragraph (3)(b) shall remain in force until:
173 a. The parent does not renew program eligibility;
174 b. The early learning coalition determines that the student
175 is ineligible for program renewal;
176 c. The Commissioner of Education suspends or revokes
177 program participation or use of funds;
178 d. The student’s parent forfeits participation in the
179 program for failure to comply with subsection (10); or
180 e. The student is eligible to enroll in kindergarten.
181 2. Reimbursements for program expenditures may continue
182 until the account balance is expended or the account is closed.
183 3. A student’s scholarship account must be closed and any
184 remaining funds, including, but not limited to, contributions
185 made to the Stanley G. Tate Florida Prepaid College Program
186 using program funds or earnings from or contributions made to
187 the Florida College Savings Program using program funds, shall
188 revert to the state after:
189 a. Suspension or revocation of program participation or use
190 of funds by the commissioner for fraud or abuse, including, but
191 not limited to, the student or student’s parent accepting any
192 payment, refund, or rebate, in any manner, from a provider of
193 any services received pursuant to paragraph (4)(b); or
194 b. Two consecutive fiscal years in which an account has
195 been inactive.
196 (6) SCHOLARSHIP PROHIBITIONS.—A student is ineligible for a
197 scholarship through the program while he or she is receiving any
198 other educational scholarship pursuant to this chapter.
199 (7) EARLY LEARNING COALITION OBLIGATIONS.—An early learning
200 coalition awarding scholarships to eligible students:
201 (a) If a student with a disability who is enrolled in the
202 program does not have an individual education plan (IEP) or
203 other authorized assessment, shall request an IEP evaluation or
204 reevaluation from the school district in which the student
205 resides. For private school students, the early learning
206 coalition may accept evaluation reports and plans developed by
207 licensed professionals to develop matrix scores.
208 (b) Shall provide for the administration of the coordinated
209 screening and progress monitoring system under s. 1008.25(9).
210 (c) Must publish information about the program on the
211 coalition’s website homepage. At a minimum, the published
212 information must include a website link to the program published
213 on the department’s website as well as a telephone number and e
214 mail address that students and parents may use to contact
215 relevant personnel at the early learning coalition to obtain
216 information about the program.
217 (d) Must receive applications, determine student
218 eligibility, notify parents in accordance with the requirements
219 of this section, and provide the department with information on
220 the student to enable the department to determine student
221 funding.
222 (e) Shall verify the household income level of students and
223 submit the verified list of students determined to be eligible
224 for a scholarship and related documentation to the department
225 when necessary.
226 (f) Shall establish and maintain separate accounts for each
227 eligible student. For each account, the early learning coalition
228 must maintain a record of accrued interest that is retained in
229 the student’s account and available only for authorized program
230 expenditures.
231 (g) May permit eligible students to use program funds by
232 paying for the authorized use directly, then submitting a
233 reimbursement request to the early learning coalition. However,
234 an early learning coalition may require the use of an online
235 platform for direct purchases of products so long as such use
236 does not limit a parent’s choice of curriculum or academic
237 programs. If a parent purchases a product identical to one
238 offered by an early learning coalition’s online platform for a
239 lower price, the early learning coalition shall reimburse the
240 parent for the cost of the product.
241 (h) May use an amount not to exceed 2.5 percent of the
242 total amount of all scholarships funded under this section for
243 administrative expenses associated with performing functions
244 under this section. An early learning coalition that has, for
245 the prior fiscal year, complied with expenditure requirements
246 may use an amount not to exceed 3 percent. Such administrative
247 expense amount is considered within the 3 percent limit on the
248 total amount an early learning coalition may use to administer
249 scholarships under this section.
250 (i) Must, in a timely manner, submit any information
251 requested by the department relating to the scholarship under
252 this section.
253 (j) Must notify the department about any violation of this
254 section.
255 (k) Must document each student’s eligibility for a fiscal
256 year before granting a scholarship for that fiscal year. A
257 student is ineligible for a scholarship if the student’s account
258 has been inactive for 2 consecutive fiscal years.
259 (l) Must notify each parent that participation in the
260 scholarship program does not guarantee enrollment.
261 (m) Shall commit scholarship funds on behalf of the student
262 for tuition and fees for which the parent is responsible for
263 payment to the program provider before using scholarship funds
264 for additional authorized uses.
265 (8) DEPARTMENT OF EDUCATION OBLIGATIONS.—
266 (a) The department shall:
267 1. Publish and update, as necessary, information on the
268 department website about the program, including, but not limited
269 to, student eligibility criteria, parental responsibilities, and
270 relevant data.
271 2. Maintain and annually publish a list of state and
272 nationally norm-referenced tests identified for purposes of
273 satisfying quality and achievement standards.
274 3. Notify early learning coalitions of the deadlines for
275 submitting the verified list of students determined to be
276 eligible for a scholarship. An early learning coalition may not
277 submit a student for funding after February 1 if such student is
278 1 year of age or older.
279 4. Deny or terminate program participation due to
280 attendance or programmatic requirements.
281 5. Notify the parent and the early learning coalition when
282 a scholarship account is closed and program funds revert to the
283 state.
284 6. Maintain on its website a list of approved providers,
285 eligible schoo