The following provisions have been established to administer the requirements of Section 1002.38(3)(a), F.S.

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    (1) Definitions related to this rule:
    (a) School grade: the school grade designated under Florida Statutes § 1008.34
    (b) Opportunity Scholarship Program eligible school: a public school that meets the criteria in Florida Statutes § 1002.38(2)
    (c) Higher-performing school: a public school that has received a school grade of “”C”” or higher pursuant to Florida Statutes § 1008.34
    (2) The Department shall notify the superintendent of the school district of a public school designated as an Opportunity Scholarship Program eligible school in accordance with Florida Statutes § 1002.38
    (3) The school district shall notify the parent of each student enrolled in or assigned to an Opportunity Scholarship Program eligible school of the opportunity to enroll the student in a higher-performing school in the district and of the opportunity to enroll the student in a higher-performing school that has available space in any other school district in the state. The school district shall notify parents of the opportunity to transfer to a higher performing school no later than fifteen (15) calendar days after the district receives notification by the Department of Opportunity Scholarship Program eligible schools.
    (4) The school district shall report to the Department data related to parental notifications, transfer requests, and student placements as specified in Form IEPC OSP-1, OSP Notification Verification Form, June 2012, no later than thirty (30) days after notification of parents as required under subsection (3) of this rule. Form IEPC OSP-1 (http://www.flrules.org/Gateway/reference.asp?No=Ref-01161) is hereby incorporated by reference and may be obtained from the Department’s website at http://www.floridaschoolchoice.org.
    (5) Failure by the district to meet the deadline requirements in subsections (3) and (4) of this rule, will result in a withholding of FEFP funds as follows:
    (a) The Department will withhold FEFP funds based on the total FTE of the eligible school from the next available FEFP distribution to the district.
    (b) Subsequent distributions of the FEFP will continue to be withheld, until the district has fulfilled the requirements of subsections (3) and (4) of this rule.
Rulemaking Authority Florida Statutes § 1002.38(4). Law Implemented Florida Statutes § 1002.38. History-New 6-20-12, Amended 10-30-16.