1 | Representative Goodlette offered the following: |
2 |
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3 | Amendment to Amendment (308089) (with title amendment) |
4 | Remove line(s) 144-381 and insert: |
5 | such records. The Department of Education shall approve a |
6 | process for verifying the information provided by the private |
7 | school. |
8 | (j) The Department of Education shall regularly cross- |
9 | check the list of participating scholarship students with the |
10 | public school enrollment lists to avoid duplication. |
11 | (k) A school district shall provide notification to |
12 | parents of the availability of a reassessment of each student |
13 | who receives a John M. McKay Scholarship at least every 3 years. |
14 | (4) PRIVATE SCHOOL ELIGIBILITY.--To be eligible to |
15 | participate in the John M. McKay Scholarships for Students with |
16 | Disabilities Program, a private school must be a Florida private |
17 | school, as defined in s. 1002.01(2), may be sectarian or |
18 | nonsectarian, and must: |
19 | (a) Demonstrate fiscal soundness by being in operation for |
20 | 2 or more consecutive school years or obtain 1 school year or |
21 | provide the Department of Education with a statement by a |
22 | certified public accountant confirming that the private school |
23 | desiring to participate is insured and the owner or owners have |
24 | sufficient capital or credit to operate the school for the |
25 | upcoming year serving the number of students anticipated with |
26 | expected revenues from tuition and other sources that may be |
27 | reasonably expected. In lieu of such a statement, a surety bond |
28 | or letter of credit for the amount equal to the scholarship |
29 | funds for any quarter to may be filed with the Department of |
30 | Education. The surety bond or letter of credit shall serve to |
31 | secure expenditures of scholarship funds should such funds be |
32 | found to have been used for unlawful purposes. However, if |
33 | during the school year a private school exhibits financial |
34 | difficulty or is otherwise not in compliance with this section, |
35 | the Commissioner of Education may impose additional requirements |
36 | on the private school, which may include additional security |
37 | bonding. |
38 | (b) Notify the Department of Education of its intent to |
39 | participate in the program under this section. The notice must |
40 | specify the grade levels and services that the private school |
41 | has available for students with disabilities who are |
42 | participating in the scholarship program. |
43 | (c) Comply with the antidiscrimination provisions of 42 |
44 | U.S.C. s. 2000d. |
45 | (d) Meet state and local health and safety laws and codes, |
46 | including, but not limited to, laws pertaining to: |
47 | 1. Fire safety. |
48 | 2. Building codes. |
49 | (e)1. Require each John M. McKay Scholarship student to |
50 | participate at least annually in a student assessment which, as |
51 | determined by the private school in consultation with the |
52 | student's parent, will demonstrate the student's skill level to |
53 | the student's parent. |
54 | 2. Notify the student's parent at least annually about the |
55 | student's skill level on a student assessment that is determined |
56 | by the private school. Be academically accountable to the parent |
57 | for meeting the educational needs of the student. |
58 | (f) Employ or contract with teachers who hold |
59 | baccalaureate or higher degrees, or have at least 3 years of |
60 | teaching experience in public or private schools, or have |
61 | special skills, knowledge, or expertise that qualifies them to |
62 | provide instruction in subjects taught. |
63 | (g) Comply with all state laws relating to general |
64 | regulation of private schools, including, but not limited to, |
65 | laws pertaining to: |
66 | 1. Annual private school survey required in s. 1002.42(2). |
67 | 2. Retention of records required in s. 1002.42(3). |
68 | 3. Attendance records and reports required in s. |
69 | 1003.23(2). |
70 | 4. School-entry health examinations and immunizations |
71 | required in s. 1003.22. |
72 | 5. Attendance requirements prescribed in ss. 1003.01(13) |
73 | and 1003.21(1). |
74 | (h) Publish and adhere to the tenets of its adopted |
75 | published disciplinary procedures prior to the expulsion of a |
76 | scholarship student. |
77 | (i) Within 60 days after employment, for any individual |
78 | with direct student contact with John M. McKay Scholarship |
79 | students, file with the Department of Law Enforcement a complete |
80 | set of fingerprints for state processing for a criminal |
81 | background check. The Department of Law Enforcement shall in |
82 | turn submit the fingerprints to the Federal Bureau of |
83 | Investigation for federal processing for a background check. An |
84 | "individual with direct student contact with John M. McKay |
85 | Scholarship students" means any individual who: |
86 | 1. Is employed by a private school in any capacity, |
87 | including an individual employed as a child care provider, a |
88 | teacher, or another member of school personnel, and who is |
89 | responsible for the provision of care, treatment, education, |
90 | training, instruction, supervision, or recreation of John M. |
91 | McKay Scholarship students; |
92 | 2. Is the owner or operator of the private school |
93 | accepting John M. McKay Scholarship students; or |
94 | 3. Has unsupervised access to a John M. McKay Scholarship |
95 | student for whom the private school is responsible. |
96 |
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97 | The costs of fingerprinting and the background check shall not |
98 | be borne by the state. The results of a criminal background |
99 | check for private school owners shall be reported to the |
100 | Department of Education. The owner or operator of the private |
101 | school shall receive the results of a criminal background check |
102 | for all other persons subject to the private school background |
103 | check requirements and immediately report to the Department of |
104 | Education any individual with direct student contact with John |
105 | M. McKay Scholarship students who has failed the Level 2 |
106 | background check. Employment of such an individual shall cause a |
107 | private school to be ineligible for participation in the |
108 | scholarship program. An individual holding a valid Florida |
109 | teaching certificate who has been fingerprinted pursuant to s. |
110 | 1012.32 shall not be required to comply with the provisions of |
111 | this paragraph. |
112 | (j) Annually comply with the requirements of the |
113 | Department of Education to submit a notarized sworn compliance |
114 | statement certifying compliance with state laws pursuant to |
115 | subsection (3). The form and timeline for submission of the |
116 | compliance statement shall be specified in rules adopted by the |
117 | State Board of Education. The statement must be filed with the |
118 | Department of Education. |
119 | (k) Comply with all applicable state agency rules relating |
120 | to private schools. |
121 | (l) Not operate as a private tutoring program as described |
122 | in s. 1002.43, a correspondence school, or a distance learning |
123 | school or provide instruction to students at home. |
124 | (m) Maintain a physical private school location where a |
125 | scholarship student regularly attends classes. |
126 | (n) Require the parent of each scholarship student to |
127 | personally restrictively endorse the scholarship check to the |
128 | school. The school may not: |
129 | 1. Act as attorney in fact for parents of a scholarship |
130 | student under the authority of a power of attorney executed by |
131 | such parents, or under any other authority, to endorse |
132 | scholarship warrants on behalf of parents. |
133 | 2. Send or direct John M. McKay Scholarship funds to |
134 | parents of a scholarship student who receives instruction at |
135 | home. |
136 | 3. Accept a John M. McKay Scholarship student until the |
137 | notarized sworn compliance statement has been completed and has |
138 | been submitted to and verified by the Department of Education. |
139 | (o) Annually register with the Department of Education. |
140 | Each owner or administrator of a private school must provide the |
141 | following information: |
142 | 1. The legal business and trade name, mailing address, and |
143 | business location of the private school. |
144 | 2. The full name, address, and telephone number of each |
145 | owner or administrator of the private school. |
146 | 3. A notification of the private school's intent to |
147 | participate in the program under this section. The notice must |
148 | specify the grade levels and services that the private school |
149 | has available for students with disabilities who are |
150 | participating in the scholarship program. |
151 | (p) Provide the Department of Education with all |
152 | documentation required for each scholarship student's |
153 | participation in the scholarship program, including, but not |
154 | limited to: |
155 | 1. The private school's fee schedule, including, but not |
156 | limited to, fees for services, tuition, and instructional |
157 | materials, and each individual scholarship student's schedule of |
158 | fees and charges, at least 30 days before the first quarterly |
159 | scholarship payment is made for the student. |
160 | 2. The enrollment and attendance information, including an |
161 | on-line attendance verification form, for each scholarship |
162 | student at the private school, prior to each scholarship |
163 | payment. |
164 | (q) Notify the Department of Education of any change in |
165 | the school's registered name or location prior to any such |
166 | change and notify the Department of Education within 15 days |
167 | after any other change in the registration information submitted |
168 | to the department. |
169 | (5) OBLIGATION OF PROGRAM PARTICIPANTS.-- |
170 | (f) Upon receipt of a scholarship warrant, the parent to |
171 | whom the warrant is made must restrictively endorse the warrant |
172 | to the private school for deposit into the account of the |
173 | private school. The parent of a student participating in the |
174 | scholarship program may not designate any participating private |
175 | school as the parent's attorney in fact to sign a scholarship |
176 | warrant. |
177 | (6) SCHOLARSHIP FUNDING AND PAYMENT.-- |
178 | (e) Following notification on July 1, September 1, |
179 | December 1, or February 1 of the number of program participants, |
180 | the Department of Education shall transfer, from General Revenue |
181 | funds only, the amount calculated under paragraph (b) from the |
182 | school district's total funding entitlement under the Florida |
183 | Education Finance Program and from authorized categorical |
184 | accounts to a separate account for the scholarship program for |
185 | quarterly disbursement to the parents of participating students. |
186 | When a student enters the scholarship program, the Department of |
187 | Education must receive all documentation required for the |
188 | student's participation, including, but not limited to, the |
189 | private school's and student's fee schedules, at least 30 days |
190 | before the first quarterly scholarship payment is made for the |
191 | student. The Department of Education may not make any |
192 | retroactive payments. |
193 | (f) Upon proper documentation reviewed and approved by the |
194 | Department of Education, the Chief Financial Officer shall make |
195 | scholarship payments in four equal amounts no later than |
196 | September 1, November 1, February 1, and April 1 15 of each |
197 | academic year in which the scholarship is in force. The initial |
198 | payment shall be made after Department of Education verification |
199 | of admission acceptance, and subsequent payments shall be made |
200 | upon verification of continued enrollment and attendance at the |
201 | private school. Payment must be by individual warrant made |
202 | payable to the student's parent and mailed by the Department of |
203 | Education to the private school of the parent's choice, and the |
204 | parent shall restrictively endorse the warrant to the private |
205 | school for deposit into the account of the private school. |
206 | (g) Subsequent to each scholarship payment, the Department |
207 | of Financial Services shall randomly review endorsed warrants to |
208 | confirm compliance with endorsement requirements. |
209 | (8) COMMISSIONER AUTHORITY.--The Commissioner of Education |
210 | may suspend or prohibit a private school or a student from |
211 | participation in the scholarship program and take other action |
212 | necessary to ensure compliance with the provisions of this |
213 | section. |
214 | (9)(8) RULES.--The State Board of Education shall may |
215 | adopt rules pursuant to ss. 120.536(1) and 120.54 to administer |
216 | this section, including rules for: |
217 | (a) Administering the annual notarized sworn compliance |
218 | statement to all participating private schools. |
219 | (b) Establishing forms for changes to a matrix by a school |
220 | district and the Department of Education. |
221 | (c) Implementing the requirement that a private school |
222 | timely notify the Department of Education of material changes to |
223 | the school's registration information. |
224 | (d) Establishing attendance-verification procedures and |
225 | forms. |
226 | (e) Establishing procedures for determining student |
227 | eligibility and approving scholarships. |
228 |
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229 | The rules related to the annual notarized sworn compliance |
230 | statement shall establish a deadline for the receipt of the |
231 | initial notarized sworn compliance statement from the private |
232 | school and shall enumerate the items to be included in the |
233 | statement. The rules shall enumerate the items to be included in |
234 | a subsequent annual notarized sworn compliance statement that is |
235 | required in January of each year from the private school. |
236 | However, the inclusion of eligible private schools within |
237 |
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238 | ================ T I T L E A M E N D M E N T ============= |
239 | Remove line(s) 975-976 and insert: |
240 | of the department, annual assessment of students, and |
241 | maintenance of a physical location in the state; requiring |
242 | fingerprinting |