Bill Summary – FastDemocracy

       Florida Senate - 2021                                     SB 432
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00315A-21                                            2021432__
                      A bill to be entitled                      
       An act relating to the Gardiner Scholarship; amending
       s. 1002.385, F.S.; revising the definition of
       âcurriculumâ; revising eligibility requirements for
       the Gardiner Scholarship program; deleting provisions
       relating to final verification documents; revising
       authorized uses of program funds; revising the number
       of consecutive fiscal years an account must be
       inactive before the remaining funds revert to the
       state; conforming a provision to changes made by the
       act; deleting a requirement pertaining to compliance
       statements; authorizing certain students to continue
       spending scholarship funds under certain
       circumstances; providing that a studentâs account must
       be closed under certain circumstances; revising an
       obligation of scholarship-funding organizations with
       respect to student eligibility; conforming a provision
       to changes made by the act; providing an effective
       date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1.âParagraph (b) of subsection (2), subsections (3)
and (5), paragraph (b) of subsection (6), paragraph (e) of
subsection (9), paragraphs (a), (e), and (f) of subsection (11),
paragraph (j) of subsection (12), and paragraph (c) of
subsection (13) of section 1002.385, Florida Statutes, are
amended to read:
       1002.385âThe Gardiner Scholarship.â
       (2)âDEFINITIONS.âAs used in this section, the term:
       (b)ââCurriculumâ means a complete course of study for a
particular content area or grade level, including any required
supplemental materials, teachersâ manuals, and associated online
instruction.
       (3)âPROGRAM ELIGIBILITY.âA parent of a student with a
disability may request and receive from the state a Gardiner
Scholarship for the purposes specified in subsection (5) if:
       (a)âThe student:
       1.âIs a resident of this state;
       2.âIs 3 or 4 years of age on or before September 1 of the
year in which the student applies for program participation, or
is eligible to enroll in kindergarten through grade 12 in a
public school in this state;
       3.âHas a disability as defined in paragraph (2)(d); and
       4.âIs the subject of an IEP written in accordance with
rules of the State Board of Education or with the applicable
rules of another state or has received a diagnosis of a
disability from a physician who is licensed under chapter 458 or
chapter 459, a psychologist who is licensed under chapter 490,
or a physician who holds an active license issued by another
state or territory of the United States, the District of
Columbia, or the Commonwealth of Puerto Rico.

A student with a disability who meets the requirements of this
paragraph, but who turns 3 years of age after September 1, may
be determined to be eligible for a Gardiner Scholarship on or
after his or her third birthday and may be awarded a scholarship
if program funds are available.
       (b)âThe parent has applied to an eligible nonprofit
scholarship-funding organization to participate in the program
by February 1 before the school year in which the student will
participate or an alternative date as set by the organization
for any vacant, funded slots. The request must be communicated
directly to the organization in a manner that creates a written
or electronic record of the request and the date of receipt of
the request. In addition to the application and any
documentation required by the organization or by State Board of
Education rule, the parent may submit a final verification
document pursuant to this paragraph to receive scholarship funds
in the studentâs account before the department confirms program
eligibility pursuant to paragraph (9)(e). The final verification
document must consist of one of the following items applicable
to the student:
       1.âA completed withdrawal form from the school district, if
the student was enrolled in a public school before the
determination of program eligibility.
       2.âA letter of admission or enrollment from an eligible
private school for the fiscal year in which the student wishes
to participate and, if applicable, a copy of the notification
from the private school that the student has withdrawn from the
John M. McKay Scholarships for Students with Disabilities
Program or the Florida Tax Credit Scholarship Program.
       3.âA copy of the notice of the parentâs intent to establish
and maintain a home education program required by s.
1002.41(1)(a) or the annual educational evaluation of the
student in a home education program, which is required by s.
1002.41(2).
       (5)âAUTHORIZED USES OF PROGRAM FUNDS.âProgram funds must be
used to meet the individual educational needs of an eligible
student and may be spent for the following purposes:
       (a)âInstructional materials, including digital devices,
digital periphery devices, and assistive technology devices that
allow a student to access instruction or instructional content
and training on the use of and maintenance agreements for these
devices.
       (b)âCurriculum as defined in paragraph (2)(b).
       (c)âSpecialized services by approved providers or by a
hospital in this state which are selected by the parent. These
specialized services may include, but are not limited to:
       1.âApplied behavior analysis services as provided in ss.
627.6686 and 641.31098.
       2.âServices provided by speech-language pathologists as
defined in s. 468.1125.
       3.âOccupational therapy services as defined in s. 468.203.
       4.âServices provided by physical therapists as defined in
s. 486.021.
       5.âServices provided by listening and spoken language
specialists and an appropriate acoustical environment for a
child who is deaf or hard of hearing and who has received an
implant or assistive hearing device.
       (d)âTuition or fees associated with full-time or part-time
enrollment in a home education program, an eligible private
school, an eligible postsecondary educational institution or a
program offered by the postsecondary institution, a private
tutoring program authorized under s. 1002.43, a virtual program
offered by a department-approved private online provider that
meets the provider qualifications specified in s. 1002.45(2)(a),
the Florida Virtual School as a private paying student, or an
approved online course offered pursuant to s. 1003.499 or s.
1004.0961.
       (e)âFees for nationally standardized, norm-referenced
achievement tests, Advanced Placement Examinations, industry
certification examinations, assessments related to postsecondary
education, or other assessments.
       (f)âContributions to the Stanley G. Tate Florida Prepaid
College Program pursuant to s. 1009.98 or the Florida College
Savings Program pursuant to s. 1009.981, for the benefit of the
eligible student.
       (g)âContracted services provided by a public school or
school district, including classes. A student who receives
services under a contract under this paragraph is not considered
enrolled in a public school for eligibility purposes as
specified in subsection (4).
       (h)âTuition and fees for part-time tutoring services
provided by a person who holds a valid Florida educatorâs
certificate pursuant to s. 1012.56; a person who holds an
adjunct teaching certificate pursuant to s. 1012.57; a person
who has a bachelorâs degree or a graduate degree in the subject
area in which instruction is given; or a person who has
demonstrated a mastery of subject area knowledge pursuant to s.
1012.56(5). As used in this paragraph, the term âpart-time
tutoring servicesâ does not qualify as regular school attendance
as defined in s. 1003.01(13)(e).
       (i)âFees for specialized summer education programs.
       (j)âFees for specialized after-school education programs.
       (k)âTransition services, including a coordinated set of
activities that are focused on improving the academic and
functional achievement of the student to facilitate his or her
movement from school to post-school activities and are based on
the individual studentâs needs. Transition services may be
provided by job coaches.
       (l)âFees for an annual evaluation of educational progress
by a state-certified teacher under s. 1002.41(1)(f), if this
option is chosen for a home education student.
       (m)âTuition and fees associated with programs offered by
Voluntary Prekindergarten Education Program providers approved
pursuant to s. 1002.55 and school readiness providers approved
pursuant to s. 1002.88.
       (n)âFees for services provided at a center that is a member
of the Professional Association of Therapeutic Horsemanship
International.
       (o)âFees for services provided by a therapist who is
certified by the Certification Board for Music Therapists or
credentialed by the Art Therapy Credentials Board, Inc.
       (p)âTuition or fees associated with enrollment in a
nationally or internationally recognized research-based training
program for a child with a neurological disorder or brain
damage.

A provider of any services receiving payments pursuant to this
subsection may not share, refund, or rebate any moneys from the
Gardiner Scholarship with the parent or participating student in
any manner. A parent, student, or provider of any services may
not bill an insurance company, Medicaid, or any other agency for
the same services that are paid for using Gardiner Scholarship
funds.
       (6)âTERM OF THE PROGRAM.âFor purposes of continuity of
educational choice and program integrity:
       (b)1.âA studentâs scholarship account must be closed and
any remaining funds, including, but not limited to,
contributions made to the Stanley G. Tate Florida Prepaid
College Program or earnings from or contributions made to the
Florida College Savings Program using program funds pursuant to
paragraph (5)(f), shall revert to the state after:
       a.âDenial or revocation of program eligibility by the
commissioner for fraud or abuse, including, but not limited to,
the student or studentâs parent accepting any payment, refund,
or rebate, in any manner, from a provider of any services
received pursuant to subsection (5);
       b.âAny period of 3 consecutive years after high school
completion or graduation during which the student has not been
enrolled in an eligible postsecondary educational institution or
a program offered by the institution; or
       c.âTwo Three consecutive fiscal years in which an account
has been inactive.
       2.âThe commissioner must notify the parent and the
organization when a Gardiner Scholarship account is closed and
program funds revert to the state.
       (9)âDEPARTMENT OF EDUCATION OBLIGATIONS.âThe department
shall:
       (e)âCompare the list of students participating in the
program with the public school student enrollment lists,
Voluntary Prekindergarten Education Program enrollment lists,
and the list of students participating in school choice
scholarship programs established pursuant to this chapter before
each scholarship award is provided to the organization, and
subsequently throughout the school year, to avoid duplicate
payments and confirm program eligibility. A parent who files a
final verification pursuant to paragraph (3)(b) shall receive
scholarship funds before the department confirms program
eligibility.
       (11)âPARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
PARTICIPATION.âA parent who applies for program participation
under this section is exercising his or her parental option to
determine the appropriate placement or the services that best
meet the needs of his or her child. The scholarship award for a
student is based on a matrix that assigns the student to support
Level III services. If a parent receives an IEP and a matrix of
services from the school district pursuant to subsection (7),
the amount of the payment shall be adjusted as needed, when the
school district completes the matrix.
       (a)âTo satisfy or maintain program eligibility, including
eligibility to receive and spend program payments, the parent
must sign an agreement with the organization and annually submit
a notarized, sworn compliance statement to the organization to:
       1.âAffirm that the student is enrolled in a program that
meets regular school attendance requirements as provided in s.
1003.01(13)(b)-(d).
       2.âAffirm that the program funds are used only for
authorized purposes serving the studentâs educational needs, as
described in subsection (5).
       3.âAffirm that the parent is responsible for the education
of his or her student by, as applicable:
       a.âRequiring the student to take an assessment in
accordance with paragraph (8)(b);
       b.âProviding an annual evaluation in accordance with s.
1002.41(1)(f); or
       c.âRequiring the child to take any preassessments and
postassessments selected by the provider if the child is 4 years
of age and is enrolled in a program provided by an eligible
Voluntary Prekindergarten Education Program provider. A student
with disabilities for whom a preassessment and postassessment is
not appropriate is exempt from this requirement. A participating
provider shall report a studentâs scores to the parent.
       4.âAffirm that the student remains in good standing with
the provider or school if those options are selected by the
parent.
       (e)âThe parent must annually renew participation in the
program for a student to be eligible to receive scholarship
funding. A student whose participation in the program is not
renewed may continue to spend scholarship funds that are in his
or her account from prior years unless the account must be
closed pursuant to paragraph (6)(b). Notwithstanding any changes
to the studentâs IEP, a student who was previously eligible for
participation in the program shall remain eligible to apply for
renewal. However, for a high-risk child to continue to
participate in the program in the school year after he or she
reaches 6 years of age, the childâs application for renewal of
program participation must contain documentation that the child
has a disability defined in paragraph (2)(d) other than high
risk status.
       (f)âThe parent is responsible for procuring the services
necessary to educate the student. If a parent does not procure
the necessary educational services for the student and the
studentâs account has been inactive for 2 consecutive fiscal
years, then the studentâs account must be closed pursuant to
paragraph (6)(b) student is ineligible for additional
scholarship payments until the scholarship funding organization
verifies that expenditures from the account have occurred. When
the student receives a Gardiner Scholarship, the district school
board is not obligated to provide the student with a free
appropriate public education. For purposes of s. 1003.57 and the
Individuals with Disabilities in Education Act, a participating
student has only those rights that apply to all other
unilaterally parentally placed students, except that, when
requested by the parent, school district personnel must develop
an individual education plan or matrix level of services.

A parent who fails to comply with this subsection forfeits the
Gardiner Scholarship.
       (12)âOBLIGATIONS OF SCHOLARSHIP-FUNDING ORGANIZATIONS.âAn
organization may establish Gardiner Scholarships for eligible
students by:
       (j)âDocumenting each scholarship studentâs eligibility for
a fiscal year before granting a scholarship for that fiscal year
pursuant to paragraph (3)(b). A student is ineligible for
scholarship funding a scholarship if the studentâs account has
been inactive for 2 consecutive fiscal years and the studentâs
acc