FLORIDA: Family Empowerment Scholarship for Students with Unique Abilities

Robert Fanger ESA comparison by Policy 06 August 2024 Hits: 141

Fund Administrator:
- Synopsis:
  Department of Education
  , Statute Language:
  (8) DEPARTMENT OF EDUCATION OBLIGATIONS.—
  (a) The department shall:
  1. Publish and update, as necessary, information on the department website about the Family Empowerment Scholarship Program, including, but not limited to, student eligibility criteria, parental responsibilities, and relevant data.
  2. Report, as part of the determination of full-time equivalent membership pursuant to s. 1011.62(1)(a), all students who are receiving a scholarship under the program and are funded through the Florida Education Finance Program, and cross-check the list of participating scholarship students with the public school enrollment lists to avoid duplication.
  3. Maintain and annually publish a list of nationally norm-referenced tests identified for purposes of satisfying the testing requirement in subparagraph (9)(c)1. The tests must meet industry standards of quality in accordance with state board rule.
  4. Notify eligible nonprofit scholarship-funding organizations of the deadlines for submitting the verified list of students determined to be eligible for a scholarship. An eligible nonprofit scholarship-funding organization may not submit a student for funding after February 1.
  5. Deny or terminate program participation upon a parent’s failure to comply with subsection (10).
  6. Notify the parent and the organization when a scholarship account is closed and program funds revert to the state.
  7. Notify an eligible nonprofit scholarship-funding organization of any of the organization’s or other organization’s identified students who are receiving scholarships under this chapter.
  8. Maintain on its website a list of approved providers as required by s. 1002.66, eligible postsecondary educational institutions, eligible private schools, and eligible organizations and may identify or provide links to lists of other approved providers.
  9. Require each organization to verify eligible expenditures before the distribution of funds for any expenditures made pursuant to subparagraphs (4)(b)1. and 2. Review of expenditures made for services specified in subparagraphs (4)(b)3.-15. may be completed after the purchase is made.
  10. Investigate any written complaint of a violation of this section by a parent, a student, a private school, a public school, a school district, an organization, a provider, or another appropriate party in accordance with the process established under s. 1002.421.
  11. Require quarterly reports by an organization, which must include, at a minimum, the number of students participating in the program; the demographics of program participants; the disability category of program participants; the matrix level of services, if known; the program award amount per student; the total expenditures for the purposes specified in paragraph (4)(b); the types of providers of services to students; and any other information deemed necessary by the department.
  12. Notify eligible nonprofit scholarship-funding organizations that scholarships may not be awarded in a school district in which the award will exceed 99 percent of the school district’s share of state funding through the Florida Education Finance Program as calculated by the department.
  13. Adjust payments to eligible nonprofit scholarship-funding organizations and, when the Florida Education Finance Program is recalculated, adjust the amount of state funds allocated to school districts through the Florida Education Finance Program based upon the results of the cross-check completed pursuant to subparagraph 2.
  (b) At the direction of the Commissioner of Education, the department may:
  1. Suspend or revoke program participation or use of program funds by the student or participation or eligibility of an organization, eligible postsecondary educational institution, approved provider, or other party for a violation of this section.
  2. Determine the length of, and conditions for lifting, a suspension or revocation specified in this paragraph.
  3. Recover unexpended program funds or withhold payment of an equal amount of program funds to recover program funds that were not authorized for use.
  In determining whether to suspend or revoke participation or lift a suspension or revocation in accordance with this paragraph, the department may consider factors that include, but are not limited to, acts or omissions that led to a previous suspension or revocation of participation in a state or federal program or an education scholarship program; failure to reimburse the organization for funds improperly received or retained; failure to reimburse government funds improperly received or retained; imposition of a prior criminal sanction related to the person or entity or its officers or employees; imposition of a civil fine or administrative fine, license revocation or suspension, or program eligibility suspension, termination, or revocation related to a person’s or entity’s management or operation; or other types of criminal proceedings in which the person or entity or its officers or employees were found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense involving fraud, deceit, dishonesty, or moral turpitude.
Funding Mechanism:
- Synopsis:
  Direct
  , Statute Language:
  2. Report, as part of the determination of full-time equivalent membership pursuant to s. 1011.62(1)(a), all students who are receiving a scholarship under the program and are funded through the Florida Education Finance Program, and cross-check the list of participating scholarship students with the public school enrollment lists to avoid duplication.
Program Administrator (Gov't):
- Synopsis:
  Department of Education/ Scholarship-funding organization
  , Statute Language:
  (8) DEPARTMENT OF EDUCATION OBLIGATIONS.—
  (a) The department shall:
  1. Publish and update, as necessary, information on the department website about the Family Empowerment Scholarship Program, including, but not limited to, student eligibility criteria, parental responsibilities, and relevant data.
  2. Report, as part of the determination of full-time equivalent membership pursuant to s. 1011.62(1)(a), all students who are receiving a scholarship under the program and are funded through the Florida Education Finance Program, and cross-check the list of participating scholarship students with the public school enrollment lists to avoid duplication.
  3. Maintain and annually publish a list of nationally norm-referenced tests identified for purposes of satisfying the testing requirement in subparagraph (9)(c)1. The tests must meet industry standards of quality in accordance with state board rule.
  4. Notify eligible nonprofit scholarship-funding organizations of the deadlines for submitting the verified list of students determined to be eligible for a scholarship. An eligible nonprofit scholarship-funding organization may not submit a student for funding after February 1.
  5. Deny or terminate program participation upon a parent’s failure to comply with subsection (10).
  6. Notify the parent and the organization when a scholarship account is closed and program funds revert to the state.
  7. Notify an eligible nonprofit scholarship-funding organization of any of the organization’s or other organization’s identified students who are receiving scholarships under this chapter.
  8. Maintain on its website a list of approved providers as required by s. 1002.66, eligible postsecondary educational institutions, eligible private schools, and eligible organizations and may identify or provide links to lists of other approved providers.
  9. Require each organization to verify eligible expenditures before the distribution of funds for any expenditures made pursuant to subparagraphs (4)(b)1. and 2. Review of expenditures made for services specified in subparagraphs (4)(b)3.-15. may be completed after the purchase is made.
  10. Investigate any written complaint of a violation of this section by a parent, a student, a private school, a public school, a school district, an organization, a provider, or another appropriate party in accordance with the process established under s. 1002.421.
  11. Require quarterly reports by an organization, which must include, at a minimum, the number of students participating in the program; the demographics of program participants; the disability category of program participants; the matrix level of services, if known; the program award amount per student; the total expenditures for the purposes specified in paragraph (4)(b); the types of providers of services to students; and any other information deemed necessary by the department.
  12. Notify eligible nonprofit scholarship-funding organizations that scholarships may not be awarded in a school district in which the award will exceed 99 percent of the school district’s share of state funding through the Florida Education Finance Program as calculated by the department.
  13. Adjust payments to eligible nonprofit scholarship-funding organizations and, when the Florida Education Finance Program is recalculated, adjust the amount of state funds allocated to school districts through the Florida Education Finance Program based upon the results of the cross-check completed pursuant to subparagraph 2.
  (b) At the direction of the Commissioner of Education, the department may:
  1. Suspend or revoke program participation or use of program funds by the student or participation or eligibility of an organization, eligible postsecondary educational institution, approved provider, or other party for a violation of this section.
  2. Determine the length of, and conditions for lifting, a suspension or revocation specified in this paragraph.
  3. Recover unexpended program funds or withhold payment of an equal amount of program funds to recover program funds that were not authorized for use.
  In determining whether to suspend or revoke participation or lift a suspension or revocation in accordance with this paragraph, the department may consider factors that include, but are not limited to, acts or omissions that led to a previous suspension or revocation of participation in a state or federal program or an education scholarship program; failure to reimburse the organization for funds improperly received or retained; failure to reimburse government funds improperly received or retained; imposition of a prior criminal sanction related to the person or entity or its officers or employees; imposition of a civil fine or administrative fine, license revocation or suspension, or program eligibility suspension, termination, or revocation related to a person’s or entity’s management or operation; or other types of criminal proceedings in which the person or entity or its officers or employees were found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense involving fraud, deceit, dishonesty, or moral turpitude.
Third Party Administrator:
- Synopsis:
  Step Up for Students and AAA Scholarship Foundation
Role of DOE:
- Synopsis:
  Fund/Program Administrator
  , Statute Language:
  (8) DEPARTMENT OF EDUCATION OBLIGATIONS.—
  (a) The department shall:
  1. Publish and update, as necessary, information on the department website about the Family Empowerment Scholarship Program, including, but not limited to, student eligibility criteria, parental responsibilities, and relevant data.
  2. Report, as part of the determination of full-time equivalent membership pursuant to s. 1011.62(1)(a), all students who are receiving a scholarship under the program and are funded through the Florida Education Finance Program, and cross-check the list of participating scholarship students with the public school enrollment lists to avoid duplication.
  3. Maintain and annually publish a list of nationally norm-referenced tests identified for purposes of satisfying the testing requirement in subparagraph (9)(c)1. The tests must meet industry standards of quality in accordance with state board rule.
  4. Notify eligible nonprofit scholarship-funding organizations of the deadlines for submitting the verified list of students determined to be eligible for a scholarship. An eligible nonprofit scholarship-funding organization may not submit a student for funding after February 1.
  5. Deny or terminate program participation upon a parent’s failure to comply with subsection (10).
  6. Notify the parent and the organization when a scholarship account is closed and program funds revert to the state.
  7. Notify an eligible nonprofit scholarship-funding organization of any of the organization’s or other organization’s identified students who are receiving scholarships under this chapter.
  8. Maintain on its website a list of approved providers as required by s. 1002.66, eligible postsecondary educational institutions, eligible private schools, and eligible organizations and may identify or provide links to lists of other approved providers.
  9. Require each organization to verify eligible expenditures before the distribution of funds for any expenditures made pursuant to subparagraphs (4)(b)1. and 2. Review of expenditures made for services specified in subparagraphs (4)(b)3.-15. may be completed after the purchase is made.
  10. Investigate any written complaint of a violation of this section by a parent, a student, a private school, a public school, a school district, an organization, a provider, or another appropriate party in accordance with the process established under s. 1002.421.
  11. Require quarterly reports by an organization, which must include, at a minimum, the number of students participating in the program; the demographics of program participants; the disability category of program participants; the matrix level of services, if known; the program award amount per student; the total expenditures for the purposes specified in paragraph (4)(b); the types of providers of services to students; and any other information deemed necessary by the department.
  12. Notify eligible nonprofit scholarship-funding organizations that scholarships may not be awarded in a school district in which the award will exceed 99 percent of the school district’s share of state funding through the Florida Education Finance Program as calculated by the department.
  13. Adjust payments to eligible nonprofit scholarship-funding organizations and, when the Florida Education Finance Program is recalculated, adjust the amount of state funds allocated to school districts through the Florida Education Finance Program based upon the results of the cross-check completed pursuant to subparagraph 2.
  (b) At the direction of the Commissioner of Education, the department may:
  1. Suspend or revoke program participation or use of program funds by the student or participation or eligibility of an organization, eligible postsecondary educational institution, approved provider, or other party for a violation of this section.
  2. Determine the length of, and conditions for lifting, a suspension or revocation specified in this paragraph.
  3. Recover unexpended program funds or withhold payment of an equal amount of program funds to recover program funds that were not authorized for use.
  In determining whether to suspend or revoke participation or lift a suspension or revocation in accordance with this paragraph, the department may consider factors that include, but are not limited to, acts or omissions that led to a previous suspension or revocation of participation in a state or federal program or an education scholarship program; failure to reimburse the organization for funds improperly received or retained; failure to reimburse government funds improperly received or retained; imposition of a prior criminal sanction related to the person or entity or its officers or employees; imposition of a civil fine or administrative fine, license revocation or suspension, or program eligibility suspension, termination, or revocation related to a person’s or entity’s management or operation; or other types of criminal proceedings in which the person or entity or its officers or employees were found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense involving fraud, deceit, dishonesty, or moral turpitude.
Application Window/Dates:
- Synopsis:
  SGO determines (Spring)
  , Statute Language:
  2. Establish a date by which a parent must confirm initial or continuing participation in the program.
Fund Disbursement Frequency:
- Synopsis:
  Quarterly
  , Statute Language:
  (b) Provide to the organization all documentation required for a student’s participation, including the private school’s and student’s fee schedules, at least 30 days before any quarterly scholarship payment is made for the student pursuant to paragraph (12)(a). A student is not eligible to receive a quarterly scholarship payment if the private school fails to meet this deadline.
Average Per-Pupil Funding:
- Synopsis:
  $10,000
  , Statute Language:
  2. For a student who has a Level I to Level III matrix of services or a diagnosis by a physician or psychologist, the calculated scholarship amount for a student participating in the program must be based upon the grade level and school district in which the student would have been enrolled as the total funds per unweighted full-time equivalent in the Florida Education Finance Program for a student in the basic exceptional student education program pursuant to s. 1011.62(1)(c) and (d), plus a per full-time equivalent share of funds for the categorical programs established in s. 1011.62(5), (7)(a), (8), and (16), as funded in the General Appropriations Act. For the categorical program established in s. 1011.62(8), the funds must be allocated based on the school district’s average exceptional student education guaranteed allocation funds per exceptional student education full-time equivalent student.
  3. For a student with a Level IV or Level V matrix of services, the calculated scholarship amount must be based upon the school district to which the student would have been assigned as the total funds per full-time equivalent for the Level IV or Level V exceptional student education program pursuant to s. 1011.62(1)(c)2.a. or b., plus a per-full time equivalent share of funds for the categorical programs established in s. 1011.62(5), (7)(a), and (16), as funded in the General Appropriations Act.
  4. For a student who received a Gardiner Scholarship pursuant to former s. 1002.385 in the 2020-2021 school year, the amount shall be the greater of the amount calculated pursuant to subparagraph 2. or the amount the student received for the 2020-2021 school year.
  5. For a student who received a John M. McKay Scholarship pursuant to former s. 1002.39 in the 2020-2021 school year, the amount shall be the greater of the amount calculated pursuant to subparagraph 2. or the amount the student received for the 2020-2021 school year.
Income Limit:
- Synopsis:
  None
  , Statute Language:
  (a)1. A parent of a student may request and receive from the state a scholarship for the purposes specified in paragraph (4)(a) if the student is a resident of this state and is eligible to enroll in kindergarten through grade 12 in a public school in this state.
Prior Year Public School Requirement:
- Synopsis:
  None
  , Statute Language:
  (a)1. A parent of a student may request and receive from the state a scholarship for the purposes specified in paragraph (4)(a) if the student is a resident of this state and is eligible to enroll in kindergarten through grade 12 in a public school in this state.
Geographic Limit:
- Synopsis:
  Statewide
  , Statute Language:
  (a)1. A parent of a student may request and receive from the state a scholarship for the purposes specified in paragraph (4)(a) if the student is a resident of this state and is eligible to enroll in kindergarten through grade 12 in a public school in this state.
Additional Eligibility Check:
- Synopsis:
  IEP or diagnosed with an eligible condition
  , Statute Language:
  3. Has a disability as defined in subsection (2); and
  4. 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.
Homeschool Compatible:
- Synopsis:
  Yes
  , Statute Language:
  (d) Not having regular and direct contact with his or her private school teachers pursuant to s. 1002.421(1)(i), unless he or she is eligible pursuant to paragraph (3)(b) and enrolled in the private school’s transition-to-work program pursuant to subsection (16) or a home education program pursuant to s. 1002.41;
Enrollment Cap:
- Synopsis:
  72,615, plus exemptions, with escalator
  , Statute Language:
  (b)1. Scholarships for students determined eligible pursuant to paragraph (3)(b) are established for up to 26,500 students annually beginning in the 2022-2023 school year. Beginning in the 2023-2024 school year, the maximum number of students participating in the scholarship program under this section shall annually increase by 3.0 percent of the state’s total exceptional student education full-time equivalent student membership, not including gifted students. An eligible student who meets any of the following requirements shall be excluded from the maximum number of students if the student:
Lottery:
- Synopsis:
  Waitlist
  , Statute Language:
  (c) An approved student who does not receive a scholarship must be placed on the wait list in the order in which the student is approved. An eligible student who does not receive a scholarship within the fiscal year must be retained on the wait list for the subsequent year.
Testing:
- Synopsis:
  National/State (except IEP)
  , Statute Language:
  (c)1. Annually administer or make provision for students participating in the program in grades 3 through 10 to take one of the nationally norm-referenced tests that are identified by the department pursuant to paragraph (8)(a) or to take the statewide assessments pursuant to s. 1008.22. Students with disabilities for whom the physician or psychologist who issued the diagnosis or the IEP team determines that standardized testing is not appropriate are exempt from this requirement. A participating private school shall report a student’s scores to his or her parent. By August 15 of each year, a participating private school must report the scores of all participating students to a state university as described in s. 1002.395(9)(f).
  2. Administer the statewide assessments pursuant to s. 1008.22 if the private school chooses to offer the statewide assessments. A participating private school may choose to offer and administer the statewide assessments to all students who attend the private school in grades 3 through 10 and must submit a request in writing to the department by March 1 of each year in order to administer the statewide assessments in the subsequent school year.
  (d) For a student determined eligible pursuant to paragraph (3)(b), discuss the school’s academic programs and policies, specialized services, code of conduct, and attendance policies before enrollment with the parent to determine which programs and services may meet the student’s individual needs.
  If a private school fails to meet the requirements of this subsection or s. 1002.421, the commissioner may determine that the private school is ineligible to participate in the scholarship program.
Authorized Use of Funds:
- Synopsis:
  Private School Tuition
  Online Education
  Education Therapies
  Private Tutoring
  Public School Services (Classes and/or Extracurricular)
  Fees for Choice Navigator
  Textbooks
  Curricula and Supplementary Materials
  Computers/Technology
  Testing Fees
  Summer/Afterschool learning (not daycare)
  College Savings Plan
  College Tuition/Fees
  CTE / Industry Credentials
  , Statute Language:
  (b) Program funds awarded to a student with a disability determined eligible pursuant to paragraph (3)(b) may be used for the following purposes:
  1. 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.
  2. Curriculum as defined in subsection (2).
  3. 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:
  a. Applied behavior analysis services as provided in ss. 627.6686 and 641.31098.
  b. Services provided by speech-language pathologists as defined in s. 468.1125(8).
  c. Occupational therapy as defined in s. 468.203.
  d. Services provided by physical therapists as defined in s. 486.021(8).
  e. Services provided by listening and spoken language specialists and an appropriate acoustical environment for a child who has a hearing impairment, including deafness, and who has received an implant or assistive hearing device.
  4. Tuition and 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 educational institution, unless the program is subject to s. 1009.25 or reimbursed pursuant to s. 1009.30; an approved preapprenticeship program as defined in s. 446.021(5) which is not subject to s. 1009.25 and complies with all applicable requirements of the department pursuant to chapter 1005; 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.
  5. Fees for nationally standardized, norm-referenced achievement tests, Advanced Placement Examinations, industry certification examinations, assessments related to postsecondary education, or other assessments.
  6. 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.
  7. 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 (6) but rather attending a public school on a part-time basis as authorized under s. 1002.44.
  8. Tuition and fees for part-time tutoring services or fees for services provided by a choice navigator. Such services must be provided by a person who holds a valid Florida educator’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 bachelor’s degree or a graduate degree in the subject area in which instruction is given, a person who has demonstrated a mastery of subject area knowledge pursuant to s. 1012.56(5), or a person certified by a nationally or internationally recognized research-based training program as approved by the department. As used in this subparagraph, the term “part-time tutoring services” does not qualify as regular school attendance as defined in s. 1003.01(16)(e).
  9. Fees for specialized summer education programs.
  10. Fees for specialized after-school education programs.
  11. Transition services provided by job coaches.
  12. 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.
  13. 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.
  14. Fees for services provided at a center that is a member of the Professional Association of Therapeutic Horsemanship International.
  15. 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.

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FLORIDA: Family Empowerment Scholarship for Students with Unique Abilities