Understanding Family Empowerment Scholarship Eligibility in Florida

In Florida, the Family Empowerment Scholarship Program aims to provide educational options for students, especially those with disabilities or limited financial resources. Understanding the eligibility criteria is crucial for families seeking to utilize this program.

Expansion of School Choice Options

On March 27, 2023, significant changes were enacted through House Bill (HB) 1, expanding school choice options for all K-12 students in Florida. This expansion includes opportunities to attend participating private schools.

Family Empowerment Scholarship Program for Students with Disabilities

This specific branch of the Family Empowerment Scholarship Program caters to students with disabilities, starting as young as 3 years old. It aims to provide them with access to additional educational avenues. Families have the option to enroll their student in another public school or to receive a personal education savings account (ESA).

Education Savings Account (ESA)

With an ESA, parents receive a deposit of public funds into government-authorized savings accounts, which are restricted but offer multiple uses. Instead of enrolling in a public school, parents can use these funds for various educational expenses.

Approved Uses of ESA Funds

ESA funds can be utilized for a range of educational resources and services, including:

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Private school tuition and fees
Online learning programs
Private tutoring
Community college costs
Higher education expenses
Other approved customized learning services and materials

Legal Framework: Florida Statutes (F.S.) 1002.394

The Family Empowerment Scholarship Program is governed by Florida Statute 1002.394, which outlines the program's purpose, definitions, eligibility criteria, and authorized uses of funds.

Purpose

The primary purpose of the Family Empowerment Scholarship Program is to provide children from families with limited financial resources in Florida with educational options to achieve success in their education.

Key Definitions

Several key terms are defined within the statute to ensure clarity and consistency in program implementation. These include:

Approved Provider: A provider approved by the Agency for Persons with Disabilities, a health care practitioner as defined in s. 456.001, or a provider approved by the department pursuant to s. 1002.66.
Choice Navigator: As defined in s. 1002.395(2).
Curriculum: A complete course of study for a particular content area or grade level, including any required supplemental materials and associated online instruction.
Department: The Department of Education.
Disability: A broad definition encompassing various conditions for children aged 3-4 or students in kindergarten through grade 12, including autism spectrum disorder, cerebral palsy, Down syndrome, intellectual disability, speech impairment, language impairment, orthopedic impairment, other health impairments, emotional or behavioral disabilities, specific learning disabilities (including dyslexia, dyscalculia, or developmental aphasia), Phelan-McDermid syndrome, Prader-Willi syndrome, spina bifida, being a high-risk child, muscular dystrophy, Williams syndrome, rare diseases, anaphylaxis, hearing impairment (including deafness), visual impairment (including blindness), traumatic brain injury, hospital or homebound status, or dual sensory impairment. The term "hospital or homebound" includes a student who has a medically diagnosed physical or psychiatric condition or illness, as defined by the state board in rule, and who is confined to the home or hospital for more than 6 months.
Eligible Nonprofit Scholarship-Funding Organization: As defined in s. 1002.395(2).
Eligible Postsecondary Educational Institution: A Florida College System institution; a state university; a school district technical center; a school district adult general education center; an independent college or university that is eligible to participate in the William L. Boyd, IV, Effective Access to Student Education Grant Program under s. 1009.89; or an accredited independent postsecondary educational institution, as defined in s. 1005.02, which is licensed to operate in this state under part III of chapter 1005 or is approved to participate in a reciprocity agreement as defined in s. 1000.35(2).
Eligible Private School: As defined in s. 1002.395(2).
IEP: An individual education plan, regardless of whether the plan has been reviewed or revised within the last 12 months.
Inactive: That no eligible expenditures have been made from an account funded pursuant to paragraph (12)(b).
Job Coach: An individual employed to help people with disabilities learn, accommodate to, and perform their work duties.
Law Enforcement Officer: As defined in s. 943.10(1).
Parent: A resident of this state who is a parent, as defined in s. 1000.21.
Program: The Family Empowerment Scholarship Program.

Scholarship Eligibility Criteria

The eligibility criteria for the Family Empowerment Scholarship Program vary depending on whether the student is applying under paragraph (3)(a) or (3)(b) of the statute.

Eligibility Under Paragraph (3)(a)

A parent of a student may apply for and receive a scholarship if the student:

Is a resident of Florida or the dependent child of an active duty member of the United States Armed Forces who has received permanent change of station orders to Florida.
Is eligible to enroll in kindergarten through grade 12 in a public school in Florida or received a scholarship under the Hope Scholarship Program in the 2023-2024 school year.

Priority is given in the following order:

Students whose household income level does not exceed 185 percent of the federal poverty level or who are in foster care or out-of-home care.
Students whose household income level exceeds 185 percent of the federal poverty level, but does not exceed 400 percent of the federal poverty level.

Eligibility Under Paragraph (3)(b)

A parent of a student with a disability may apply for and receive a scholarship if the student:

Is a resident of Florida or the dependent child of an active duty member of the United States Armed Forces who has received permanent change of station orders to Florida or, at the time of renewal, whose home of record or state of legal residence is Florida.
Is 3 or 4 years of age during 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 Florida.
Has a disability as defined in subsection (2).
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.

Authorized Uses of Program Funds

The authorized uses of program funds also differ depending on whether the student is eligible under paragraph (3)(a) or (3)(b).

Authorized Uses Under Paragraph (4)(a)

Program funds awarded to a student determined eligible pursuant to paragraph (3)(a) may be used for:

Tuition and fees at an eligible private school.
Instructional materials, including digital materials and Internet resources.
Curriculum as defined in subsection (2).
Tuition and fees associated with full-time or part-time enrollment in 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.
Fees for nationally standardized, norm-referenced achievement tests, Advanced Placement Examinations, industry certification examinations, assessments related to postsecondary education, or other assessments.
Contracted services provided by a public school or school district, including classes. A student who receives contracted services under this subparagraph 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.
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 educatorâs certificate pursuant to s. 1012.56, a person who holds an adjunct teaching certificate pursuant to s. 1012.57, a person who has a bachelorâs 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 âpart-time tutoring servicesâ does not qualify as regular school attendance as defined in s. 1003.01(16)(e).

Authorized Uses Under Paragraph (4)(b)

Program funds awarded to a student with a disability determined eligible pursuant to paragraph (3)(b) may be used for:

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.
Curriculum as defined in subsection (2).
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:
- Applied behavior analysis services as provided in ss. 627.6686 and 641.31098.
- Services provided by speech-language pathologists as defined in s. 468.1125(8).
- Occupational therapy as defined in s. 468.203.
- Services provided by physical therapists as defined in s. 486.021(8).
- 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.
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.
Fees for nationally standardized, norm-referenced achievement tests, Advanced Placement Examinations, industry certification examinations, assessments related to postsecondary education, or other assessments.
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.
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.
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 educatorâs certificate pursuant to s. 1012.56, a person who holds an adjunct teaching certificate pursuant to s. 1012.57, a person who has a bachelorâs 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 âpart-time tutoring servicesâ does not qualify as regular school attendance as defined in s. 1003.01(16)(e).
Fees for specialized summer education programs.
Fees for specialized after-school education programs.
Transition services provided by job coaches. Transition services are a coordinated set of activities which are focused on improving the academic and functional achievement of a student with a disability to facilitate the studentâs movement from school to postschool activities and are based on the studentâs needs.
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.
Tuition and fees associated with programs offered by Voluntary Prekindergarten Education Program providers approved pursuant to s. 1002.55, school readiness providers approved pursuant to s.

Scholarship Duration and Termination

The duration of a scholarship and the conditions under which it may be terminated are also outlined in the statute.

Scholarship Duration and Termination Under Paragraph (3)(a)

A scholarship funded to an eligible student pursuant to paragraph (3)(a) shall remain in force until:
- The parent does not renew program eligibility;
- The organization determines that the student is not eligible for program renewal;
- The student enrolls full time in a public school. However, if a student enters a Department of Juvenile Justice detention center for a period of no more than 21 days, the student is not considered to have returned to a public school on a full-time basis for that purpose; or
- The student graduates from high school or attains 21 years of age, whichever occurs first.
The studentâs scholarship account must be closed and any remaining funds shall revert to the state after:
- Denial or revocation of program eligibility by the commissioner for fraud or abuse, including, but not limited to, the student or studentâs parent accepting any payment, refund, or rebate, in any manner, from a provider of any services received pursuant to paragraph (4)(a);
- Two consecutive fiscal years in which an account has been inactive; or
- A student remains unenrolled in an eligible private school for 30 days while receiving a scholarship that requires full-time enrollment.
Reimbursements for program expenditures may continue until the account balance is expended or remaining funds have reverted to the state.

Scholarship Duration and Termination Under Paragraph (3)(b)

A scholarship funded to an eligible student pursuant to paragraph (3)(b) shall remain in force until:
- The parent does not renew program eligibility;
- The organization determines that the student is not eligible for program renewal;
- The Commissioner of Education suspends or revokes program participation or use of funds;
- The studentâs parent has forfeited participation in the program for failure to comply with subsection (10);
- The student enrolls full time in a public school; or
- The student graduates from high school or attains 22 years of age, whichever occurs first.
Reimbursements for program expenditures may continue until the account balance is expended or the account is closed.
A studentâs 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 subparagraph (4)(b)6., shall revert to the state after:
- Denial or revocation of program eligibility by the commissioner for fraud or abuse, including, but not limited to, the student or studentâs parent accepting any payment, refund, or rebate, in any manner, from a provider of any services received pur…

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