Title: Gardiner Scholarship

Summary: Revising eligibility requirements for the Gardiner Scholarship Program; providing that scholarship funds may be spent for tuition and fees associated with programs relating to art, music, or theatre, etc.

Full Text:
An act relating to the Gardiner Scholarship; amending s. 1002.385, F.S., and reenacting subsection (18), relating to the Gardiner Scholarship; revising eligibility requirements for the Gardiner Scholarship Program; providing that scholarship funds may be spent for tuition and fees associated with programs relating to art, music, or theatre; revising requirements relating to compliance statements required for program participation; requiring the Department of Education to implement a certain system; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (a) of subsection (3) of section 1002.385, Florida Statutes, is amended, paragraph (q) is added to subsection (5) of that section, paragraph (a) of subsection (11) of that section is amended, and subsection (18) of that section is reenacted, to read: 1002.385 The Gardiner Scholarship.  (3) PROGRAM ELIGIBILITY. 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) The student: 1. Is a resident of this state; 2. Is or years of age when on or before September of the year in which the student applies for program participation, or is eligible to enroll in kindergarten through grade in a public school in this state; 3. Has a disability as defined in paragraph (2)(d); 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 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. (5) AUTHORIZED USES OF PROGRAM FUNDS. Program funds must be used to meet the individual educational needs of an eligible student and may be spent for the following purposes: (q)   Tuition and fees associated with programs relating to art, music, or theatre. 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. (11) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM PARTICIPATION. 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) 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,which for initial eligibility must be notarized, to the organization to: 1. 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. Affirm that the program funds are used only for authorized purposes serving the student s educational needs, as described in subsection (5). 3. Affirm that the parent is responsible for the education of his or her student by, as applicable: a. Requiring the student to take an assessment in accordance with paragraph (8)(b); b. Providing an annual evaluation in accordance with s. 1002.41(1)(f); or c. Requiring the child to take any preassessments and postassessments selected by the provider if the child is 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 student s scores to the parent. 4. Affirm that the student remains in good standing with the provider or school if those options are selected by the parent. The department shall implement a system that allows parents to submit all required information to maintain program eligibility under this paragraph through a secure Internet website or other secure electronic means.A parent who fails to comply with this subsection forfeits the Gardiner Scholarship. (18) RULES. The State Board of Education shall adopt rules pursuant to ss. 120.536(1) and 120.54 to administer this section. Section 2. This act shall take effect July 1, 2019.