Alabama Administrative Code
Title 810 - ALABAMA DEPARTMENT OF REVENUE
Chapter 810-3-61 - ALABAMA ACCOUNTABILITY ACT - CREDITS FOR SCHOLARSHIP GRANTING ORGANIZATIONS
Section 810-3-61-.05 - Annual Report Of Scholarship Granting Organizations (SGOs)
Universal Citation: AL Admin Code R 810-3-61-.05
Current through Register Vol. 43, No. 02, November 27, 2024
(1) Scope. Act 2013-64, as amended by Acts 2013-265 and 2015-434, provides for SGOs to report publicly certain information to the Department of Revenue in connection with its educational scholarship funded. This rule prescribes the required information and dates of submission.
(a) An
SGO shall, by the 15th day after the close of each
calendar quarter, file a report with the Department of Revenue containing the
following information about educational scholarships granted during the
quarter:
1. The total number of scholarships
awarded and funded.
2. The total
dollar amount of scholarships awarded and funded.
3. The name of each qualifying school that
received scholarship funding, the total amount of scholarship funds paid to
each qualifying school, and the total number of scholarship recipients enrolled
in each qualifying school.
4. The
total number of eligible students zoned to attend a failing school who received
educational scholarships from the SGO's.
5. The total number of first time scholarship
recipients.
6. The total number of
first time scholarship recipients who were continuously enrolled in a nonpublic
school prior to receiving an educational scholarship from the SGO.
7. The total number of first time scholarship
recipients who were continuously enrolled in a public school prior to receiving
an educational scholarship from the SGO.
(b) An SGO shall, by September 1 of each
calendar year, file a report containing the following information about
educational scholarships granted during the previous academic year:
1. The name and address of the SGO.
2. The total number and total dollar amount
of donations received the previous academic year. The actual individual donors
and the amounts of their donations must be entered into the Department's system
by the SGO as required by Rule
810-3-61-.04.
3. The total number and total dollar amount
of educational scholarships awarded and funded the previous academic
year.
4. The total number and total
dollar amount of educational scholarships awarded and funded during the
previous academic year to students qualifying for the federal free and
reduced-price lunch program.
5. The
percentage of first-time scholarship recipients during the year who were
enrolled in public school for the entire previous academic school
year.
6. The percentage of
first-time scholarship recipients during the year who were enrolled in
nonpublic school for the entire previous academic school year.
7. A schedule reporting the following
information for each student awarded an educational scholarship from the SGO
[This information will not be made public.]:
(i) The name and identifying information of
the student,
(ii) The amount of the
educational scholarship awarded for the student during the academic
year,
(iii) The nonfailing or
nonpublic school to which the scholarship grant was paid,
(iv) The name of the failing public school to
which the student was assigned,
(v)
The dates of the academic year for which the student was first awarded an
educational scholarship under the tax credit program,
(vi) Whether the student was enrolled in a
public or nonpublic school during the entire previous school year. Students
enrolled in a public school as well as nonpublic school for a portion of the
previous school year, should not be listed as being enrolled in either public
or nonpublic school for the year. If the student was less than school age
during the prior school year, the student should not be listed as being
enrolled in either public or nonpublic school for the year,
(vii) Whether the student qualified for the
federal free and reduced-price lunch program.
8. A statement as to whether the SGO has
received complaints of discrimination, and if so, a description of the action
taken.
9. A copy of the required
annual Form 990.
10. A statement
confirming the SGO's policies and procedures rather than the schools accepting
the scholarship funds determines the scholarship recipient's eligibility and
that priority is given to eligible students zoned to attend a failing
school.
11. A statement confirming
that none of the SGO's policies or procedures restricts a parent's educational
choice in qualifying schools, for example, by limiting or prohibiting
enrollment of eligible students in a qualifying school if those eligible
students received educational scholarships from other SGOs.
12. A statement confirming that the SGO has
provided by August 15 of each year achievement test results to the Department
of Revenue and the independent research organization selected by the Department
of Revenue to analyze the test results required in paragraph (c)
below.
13. A copy of written
verification received from each nonpublic school that receives educational
scholarships from the SGO is in compliance with the Alabama Child Protection
Act of 1999.
14. A copy of written
verification received from each nonpublic school that receives educational
scholarships from the SGO that they are in compliance with all health and
safety laws or codes that otherwise apply to nonpublic schools, hold a valid
occupancy permit if required by the municipality, are in compliance with
nondiscrimination policies set forth in
42 USC
1981, and conduct criminal background checks
on employees to exclude from employment any person not permitted by state law
to work in a public school or who may pose a threat to the safety of the
students.
15. The aggregate amount
of scholarship funds unexpended as of the end of the year.
16. A reconciliation of unexpended
scholarship funds as of the beginning of the academic year to the amount held
as of the end of the calendar year, as follows:
(i) Unexpended scholarship funds, beginning
of academic year 7/1,
(ii) Plus,
interest and revenue from investment of scholarship funds 7/1 -
12/31,
(iii) Plus, scholarship
donations received during the academic year 7/1 - 12/31,
(iv) Less, actual scholarship grants paid
during the academic year 7/1 - 12/31,
(v) Less, allowable non-scholarship
expenditures made during the academic year 7/1 - 12/31,
(vi) Equals, unexpended scholarship funds,
end of calendar year.
17. A reconciliation of unexpended
scholarship funds as of the beginning of the calendar year to the amount held
as of the end of the academic year, as follows:
(i) Unexpended scholarship funds, beginning
of calendar year 1/1,
(ii) Plus,
interest and revenue from investment of scholarship funds 1/1 - 6/30,
(iii) Plus, scholarship donations received
during the academic year 1/1 - 6/30,
(iv) Less, actual scholarship grants paid
during the academic year 1/1 - 6/30,
(v) Less, allowable non-scholarship
expenditures made during the academic year 1/1 - 6/30,
(vi) Equals, unexpended scholarship funds,
end of academic year.
(c) An SGO shall, by August 15 of each
calendar year, submit the results of the annually administered state or
nationally recognized achievement tests given by qualifying schools who receive
scholarships in order to measure the success of the program to both the
Department of Revenue and the independent research organization chosen by the
Department of Revenue to analyze the test results.
1. Results should be provided in such a way
as to aggregate the data by age, grade level, gender, family income level, race
and number of years a scholarship recipient.
2. The independent research organization
selected to analyze the results of the tests are required to report the
findings on learning gains of scholarship students to the Department of Revenue
every other year with the first biennial report due by September 1, 2016. This
report shall also be submitted to the Senate Education Policy Committee and the
Chair of the House Education Policy Committee.
Authors: Curtis Stewart, Neal Hearn
Statutory Authority: Code of Ala. 1975, §§ 40-2A-7(a)(5), 16-16D-1.
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