Relating to state funding for children receiving competent private instruction or independent private instruction, making penalties applicable, making appropriations, and including effective date provisions

The bill creates a home school support distribution fund in the state treasury under the control of the department of education (DOE) consisting of moneys appropriated to DOE for the purpose of providing home school support distributions. For the fiscal year commencing July 1, 2024, and each succeeding fiscal year, the bill appropriates from the general fund of the state to DOE to be credited to the fund the amount necessary to pay all home school support distributions approved for that fiscal year. The director of DOE has powers necessary to carry out and effectuate the purposes, objectives, and provisions of the home school support distribution program pertaining to the fund that are outlined in the bill. The bill allows, on or after January 1, but on or before June 30, of each school year, a parent or guardian of an eligible child to request a home school support distribution by submitting an application to DOE. Within calendar days following submission of an application, DOE or a third-party entity shall notify the parent or guardian of each child approved for the following school year and specify the amount of the home school support distribution for the child, if known at the time of the notice. As soon as practical following the processing of all applications, DOE or a third-party entity shall determine the number of children approved for a home school support distribution for a school year and provide such information to the department of management. The bill limits approval of home school support distributions to a period of one school year and applications must be submitted annually for payments in subsequent school years. The bill requires DOE, on or before September of each school year, to make a home school support distribution for each child approved for a home school support distribution for that school year. The home school support distribution must be made to the parent or guardian of an eligible child. The bill makes it a fraudulent practice to make a false claim for the purpose of obtaining a home school support distribution or knowingly receive a home school support distribution without being legally entitled to do so. A fraudulent practice’s penalties depend on the value subject to the fraudulent practice, ranging from a simple misdemeanor punishable by a fine up to $300 to a class “C” felony punishable by confinement for no more than years and a fine of at least $1,370 but not more than $13,660. The bill allows a parent or guardian to appeal to the state board of education any administrative decision DOE or a third-party entity makes relating to the home school support distribution program, including but not limited to determinations of eligibility and removal from the program. DOE or the third-party entity shall notify the parent or guardian in writing of the appeal process at the same time the DOE notifies the parent or guardian of the administrative decision. The bill requires the state board of education to establish an appeals process and shall post the appeal process information on the state board of education’s internet site. The bill requires the state board of education to refer cases of substantial misuse of home school support distribution program funds to the attorney general for the purpose of collection or for the purpose of a criminal investigation if the state board of education obtains evidence of fraudulent use of an account. The bill takes effect upon enactment.