HB 0313 2004
1	A bill to be entitled
2	An act relating to scholarship program accountability;
3	amending s. 220.187, F.S., relating to credits for
4	contributions to nonprofit scholarship-funding
5	organizations; revising provisions relating to corporate
6	income tax credit scholarships; changing terminology from
7	"nonpublic school" to "private school"; defining the term
8	"operator or owner"; revising eligible nonprofit
9	scholarship-funding organization obligations, parent
10	obligations, and private school obligations; providing
11	student obligations; authorizing scholarships for
12	transportation expenses to lab schools; providing
13	restrictions regarding the provision of scholarships;
14	specifying audit requirements; requiring quarterly
15	reports; requiring fingerprinting and criminal background
16	checks; requiring norm-referenced testing; providing
17	Department of Education and Commissioner of Education
18	obligations and responsibilities; requiring State Board of
19	Education rules; amending s. 1002.39, F.S., relating to
20	the John M. McKay Scholarships for Students with
21	Disabilities Program; providing Department of Education
22	obligations; revising requirements for private school
23	eligibility; requiring fingerprinting and criminal
24	background checks; providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1. Section 220.187, Florida Statutes, is amended
29	to read:
30	220.187 Credits for contributions to nonprofit
31	scholarship-funding organizations.--
32	(1) PURPOSE.--The purpose of this section is to:
33	(a) Encourage private, voluntary contributions to
34	nonprofit scholarship-funding organizations.
35	(b) Expand educational opportunities for children of
36	families that have limited financial resources.
37	(c) Enable children in this state to achieve a greater
38	level of excellence in their education.
39	(2) DEFINITIONS.--As used in this section, the term:
40	(a) "Department" means the Department of Revenue.
41	(b) "Eligible contribution" means a monetary contribution
42	from a taxpayer, subject to the restrictions provided in this
43	section, to an eligible nonprofit scholarship-funding
44	organization. The taxpayer making the contribution may not
45	designate a specific child as the beneficiary of the
46	contribution. The taxpayer may not contribute more than $5
47	million to any single eligible nonprofit scholarship-funding
48	organization.
49	(c)(d)"Eligible nonprofit scholarship-funding
50	organization" means a charitable organization that is exempt
51	from federal income tax pursuant to s. 501(c)(3) of the Internal
52	Revenue Code, that is registered as a Florida corporation,and
53	that complies with the provisions of subsection (4).
54	(d)(c) "Eligible private nonpublic school" means a private
55	nonpublicschool located in Florida that offers an education to
56	students in any grades K-12 and that meets the requirements in
57	subsection (6)(5).
58	(e) "Owner or operator" means the owner, president, chair
59	of the board of directors, superintendent, or principal, or
60	person with equivalent decisionmaking authority, who owns or
61	operates an eligible private school or an eligible nonprofit
62	scholarship-funding organization.
63	(f)(e)"Qualified student" means a student who qualifies
64	for free or reduced-price school lunches under the National
65	School Lunch Act and who:
66	1. Was counted as a full-time equivalent student during
67	the previous state fiscal year for purposes of state per-student
68	funding;
69	2. Received a scholarship from an eligible nonprofit
70	scholarship-funding organization during the previous school
71	year; or
72	3. Is eligible to enter kindergarten or first grade.
73	(3) AUTHORIZATION TO GRANT SCHOLARSHIP FUNDING TAX
74	CREDITS; LIMITATIONS ON INDIVIDUAL AND TOTAL CREDITS.--
75	(a) There is allowed a credit of 100 percent of an
76	eligible contribution against any tax due for a taxable year
77	under this chapter. However, such a credit may not exceed 75
78	percent of the tax due under this chapter for the taxable year,
79	after the application of any other allowable credits by the
80	taxpayer. However, at least 5 percent of the total statewide
81	amount authorized for the tax credit shall be reserved for
82	taxpayers who meet the definition of a small business provided
83	in s. 288.703(1) at the time of application.The credit granted
84	by this section shall be reduced by the difference between the
85	amount of federal corporate income tax taking into account the
86	credit granted by this section and the amount of federal
87	corporate income tax without application of the credit granted
88	by this section.
89	(b) The total amount of tax credits and carryforward of
90	tax credits which may be granted each state fiscal year under
91	this section is $88 million. However, at least 5 percent of the
92	total statewide amount authorized for tax credits shall be
93	reserved for taxpayers who meet the definition of a small
94	business provided in s. 288.703(1) at the time of application.
95	(c) A taxpayer who files a Florida consolidated return as
96	a member of an affiliated group pursuant to s. 220.131(1) may be
97	allowed the credit on a consolidated return basis; however, the
98	total credit taken by the affiliated group is subject to the
99	limitation established under paragraph (a).
100	(4) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
101	ORGANIZATIONS.--An eligible nonprofit scholarship-funding
102	organization participating in the scholarship program
103	established in this section shall have the following
104	obligations:
105	(a) An eligible nonprofit scholarship-funding organization
106	shall provide corporate income tax creditscholarships, from
107	eligible contributions, to qualified students for:
108	1. Tuition or textbook expenses for, or transportation to,
109	an eligible private nonpublic school. At least 75 percent of
110	each the scholarship fundingmust be used to pay tuition
111	expenses; or
112	2. Transportation expenses to a Florida public school that
113	is located outside the district in which the student resides or
114	to a lab school as defined in s. 1002.32.
115	(b) An eligible nonprofit scholarship-funding organization
116	shall give priority to qualified students who received a
117	scholarship from an eligible nonprofit scholarship-funding
118	organization during the previous school year.
119	(c) An eligible nonprofit scholarship-funding organization
120	shall not provide a scholarship to a student who is receiving an
121	Opportunity Scholarship pursuant to s. 1002.38 or a John M.
122	McKay Scholarship pursuant to s. 1002.39. In addition, an
123	eligible nonprofit scholarship-funding organization shall not
124	provide a scholarship to a student who is receiving a corporate
125	income tax credit scholarship from another eligible nonprofit
126	scholarship-funding organization.
127	(d)(c)The amount of a scholarship provided to any child
128	for any single school year by an alleligible nonprofit
129	scholarship-funding organization organizationsfrom eligible
130	contributions shall not exceed the following annual limits:
131	1. Three thousand five hundred dollars for a scholarship
132	awarded to a student enrolled in an eligible private nonpublic
133	school.
134	2. Five hundred dollars for a scholarship awarded to a
135	student enrolled in a Florida public school that is located
136	outside the district in which the student resides or in a lab
137	school as defined in s. 1002.32.
138	(e)(d)The amount of an eligible contribution which may be
139	accepted by an eligible nonprofit scholarship-funding
140	organization is limited to the amount needed to provide
141	scholarships for qualified students which the organization has
142	identified and for which vacancies in eligible private nonpublic
143	schools have been identified.
144	(f)(e)An eligible nonprofit scholarship-funding
145	organization that receives an eligible contribution must expend
146	spend100 percent of the eligible contribution to provide
147	scholarships in the same state fiscal year in which the
148	contribution was received. No portion of eligible contributions
149	may be used for administrative expenses. All interest accrued
150	from contributions must be used for scholarships.
151	(g) An eligible nonprofit scholarship-funding organization
152	must maintain separate accounts for scholarship funds and
153	operating funds.
154	(h)(f)An eligible nonprofit scholarship-funding
155	organization that receives eligible contributions must provide
156	to the Auditor General and the Department of Educationan annual
157	financial and compliance audit of its accounts and records
158	conducted by an independent certified public accountant and in
159	accordance with rules adopted by the Auditor General. The audit
160	must be conducted in compliance with generally accepted
161	accounting principles and must include a report on financial
162	statements presented in accordance with the reporting standards
163	set forth in Statement of Financial Accounting Standards No.
164	117, Financial Statements of Not-for-Profit Organizations, and a
165	determination of compliance with the statutory eligibility and
166	expenditure requirements set forth in this section. Audits must
167	be provided to the Auditor General and the Department of
168	Education within 120 days after completion of the nonprofit
169	scholarship-funding organization's fiscal year.
170	(i)(g) An eligible nonprofit scholarship-funding
171	organization shall obtain verification from the private school
172	of a student's continued attendance at the school prior to each
173	scholarship payment. Payment of the scholarship shall be made by
174	the eligible nonprofit scholarship-funding organization no less
175	frequently than on a quarterly basis.Payment of the scholarship
176	by the eligible nonprofit scholarship-funding organization shall
177	be by individual warrant or check made payable to the student's
178	parent. If the parent chooses for his or her child to attend an
179	eligible private nonpublicschool, the warrant or check must be
180	mailed by the eligible nonprofit scholarship-funding
181	organization to the private nonpublicschool of the parent's
182	choice, and the parent shall restrictively endorse the warrant
183	or check to the private nonpublicschool. An eligible nonprofit
184	scholarship-funding organization shall ensure that, upon receipt
185	of a scholarship warrant or check, the parent to whom the
186	warrant or check is made restrictively endorses the warrant or
187	check to the private nonpublicschool of the parent's choice for
188	deposit into the account of the private nonpublicschool.
189	(j) An eligible nonprofit scholarship-funding organization
190	must prepare and submit quarterly reports to the Department of
191	Education pursuant to subsection (7). In addition, an eligible
192	nonprofit scholarship-funding organization must submit in a
193	timely manner any information requested by the Department of
194	Education relating to the scholarship program.
195	(k) An eligible nonprofit scholarship-funding organization
196	must verify the income of all applicants participating in the
197	scholarship program each year with independent income
198	documentation.
199	(l)1. An owner or operator of an eligible nonprofit
200	scholarship-funding organization must, within 5 days after
201	assuming ownership or decisionmaking authority, file with the
202	Department of Law Enforcement a complete set of fingerprints for
203	state processing for a criminal background check consistent with
204	the requirements of the National Child Protection Act, 42 U.S.C.
205	s. 5119(b). The costs of fingerprinting and the background check
206	shall not be borne by the state.
207	2. The results of a criminal background check shall be
208	reported as set forth under the National Child Protection Act,
209	42 U.S.C. s. 5119(b) and forwarded to the owner or operator of
210	the eligible nonprofit scholarship-funding organization and to
211	the Department of Education.
212	3. A nonprofit scholarship-funding organization whose
213	owner or operator has been convicted of a crime involving moral
214	turpitude or a crime that bears upon the fitness of the owner or
215	operator to have responsibility for the safety and well-being of
216	children shall not be eligible to provide scholarships under
217	this section.
218	(m) A nonprofit scholarship-funding organization whose
219	owner or operator in the last 7 years has filed for personal
220	bankruptcy or corporate bankruptcy in a corporation in which he
221	or she owned more than 20 percent of the corporation shall not
222	be eligible to provide scholarships under this section.
223	(n) An owner or operator of an eligible nonprofit
224	scholarship-funding organization is prohibited from owning or
225	operating an eligible private school that is participating in
226	the scholarship program.
227	(o) An eligible nonprofit scholarship-funding organization
228	shall report to the Department of Education any private school
229	that is not in compliance with the requirements of the
230	scholarship program. The eligible nonprofit scholarship-funding
231	organization shall not provide additional scholarship funds to a
232	parent for a student to attend the private school until a
233	determination is made by the Commissioner of Education that the
234	school is in compliance with the requirements of the scholarship
235	program.
236	(p) An eligible nonprofit scholarship-funding organization
237	shall not discriminate in the provision of scholarships to a
238	qualified student based on the student's race, color, national
239	origin, sex, or religion.
240	(q) An eligible nonprofit scholarship-funding organization
241	shall allow a qualified student to attend any eligible private
242	school and shall allow a parent to transfer a scholarship during
243	a school year to any other eligible private school of the
244	parent's choice.
245	(r) An eligible nonprofit scholarship-funding organization
246	shall not target scholarships to a particular private school or
247	provide scholarships to children of employees of the
248	organization.
249	(5) PARENT OBLIGATIONS OF PARENTS AND STUDENTS.--
250	(a)As a condition for scholarship payment pursuant to
251	paragraph (4)(i)(g), if the parent chooses for his or her child
252	to attend an eligible private nonpublicschool, the parent must
253	inform the child's school district within 15 days after such
254	decision.
255	(b) A student is not eligible to receive a corporate
256	income tax credit scholarship if he or she is receiving an
257	Opportunity Scholarship pursuant to s. 1002.38 or a John M.
258	McKay Scholarship pursuant to s. 1002.39. A student is not
259	eligible to receive a scholarship from more than one eligible
260	nonprofit scholarship-funding organization.
261	(c) Upon receipt of a scholarship warrant or check from
262	the eligible nonprofit scholarship-funding organization, the
263	parent to whom the warrant or check is made must restrictively
264	endorse the warrant or check to the private school for deposit
265	into the account of the private school. No power of attorney
266	shall be valid for this purpose.
267	(d) Any student participating in the scholarship program
268	must remain in attendance throughout the school year unless
269	excused by the school for illness or other good cause and must
270	comply fully with the school's code of conduct.
271	(e) The parent of a student participating in the
272	scholarship program must comply fully with the private school's
273	parental involvement requirements unless excused by the school
274	for illness or other good cause.
275	(f) The parent of a student participating in the
276	scholarship program must ensure that the student participates in
277	the nationally norm-referenced testing required by this section.
278	Students with disabilities for whom standardized testing is not
279	appropriate are exempt from this requirement.
280	(g) A participant in the scholarship program who fails to
281	comply with this subsection forfeits the scholarship.
282	(6) ELIGIBLE PRIVATE NONPUBLICSCHOOL OBLIGATIONS.--An
283	eligible private nonpublicschool must:
284	(a) Demonstrate fiscal soundness by being in operation for
285	3 school years or obtain one school year or provide the
286	Department of Education with a statement by a certified public
287	accountant confirming that the nonpublic school desiring to
288	participate is insured and the owner or owners have sufficient
289	capital or credit to operate the school for the upcoming year
290	serving the number of students anticipated with expected
291	revenues from tuition and other sources that may be reasonably
292	expected. In lieu of such a statement,a surety bond or letter
293	of credit for the amount equal to the scholarship funds for any
294	quarter to may be filed with the Department of Education. The
295	surety bond or letter of credit shall serve to secure
296	expenditures of scholarship funds should such funds be found to
297	have been used for unlawful purposes.
298	(b) Notify the Department of Education of its intent to
299	participate in the scholarship program. The notice must specify
300	the grade levels that the private school has available for
301	students participating in the scholarship program.
302	(c)(b)Comply with the antidiscrimination provisions of 42
303	U.S.C. s. 2000d in existence on July 1, 2003.
304	(d)(c)Meet state and local health and safety laws and
305	codes, including, but not limited to, laws pertaining to:
306	1. Fire safety.
307	2. Building codes.
308	(e)(d)Comply with all state laws relating to general
309	regulation of private nonpublic schools, including, but not
310	limited to, laws pertaining to:
311	1. Annual private school survey required in s. 1002.42(2).
312	2. Retention of records required in s. 1002.42(3).
313	3. Attendance records and reports required in s.
314	1003.23(2).
315	4. School-entry health examinations and immunizations
316	required in s. 1003.22.
317	5. Attendance requirements prescribed in ss. 1003.01(13)
318	and 1003.21(1).
319	(f) Employ or contract with teachers who hold
320	baccalaureate or higher degrees, have at least 3 years of
321	teaching experience in public or private schools, or have
322	special skills, knowledge, or expertise that qualifies them to
323	provide instruction in subjects taught.
324	(g) Annually administer or make provision for students
325	participating in the scholarship program to take one of the
326	nationally norm-referenced tests identified by the Department of
327	Education. Students with disabilities for whom standardized
328	testing is not appropriate are exempt from this requirement. A
329	participating private school must report a student's scores to
330	the parent and to the independent private research organization
331	selected by the Department of Education pursuant to subsection
332	(7).
333	(h) Within 60 days after employment, for any individual
334	with direct student contact, file with the Department of Law
335	Enforcement a complete set of fingerprints for state processing
336	for a criminal background check consistent with the requirements
337	of the National Child Protection Act, 42 U.S.C. s. 5119(b). An
338	"individual with direct student contact" means any individual
339	who:
340	1. Is employed by a private school in any capacity,
341	including an individual employed as a child care provider, a
342	teacher, or another member of school personnel, and who is
343	responsible for the provision of care, treatment, education,
344	training, instruction, supervision, or recreation of children;
345	2. Is the owner or operator of the private school; or
346	3. Has unsupervised access to a child for whom the private
347	school is responsible.
348
349	The costs of fingerprinting and the background check shall not
350	be borne by the state. The results of a criminal background
351	check shall be reported as set forth under the National Child
352	Protection Act, 42 U.S.C. s. 5119(b). The owner or operator of
353	the private school shall immediately report to the Department of
354	Education any individual with direct student contact who has
355	been convicted of a crime that bears upon the individual's
356	fitness to have responsibility for the safety and well-being of
357	children. Employment of such an individual shall cause a private
358	school to be ineligible for participation in the scholarship
359	program. An individual holding a valid Florida teaching
360	certificate who has been fingerprinted pursuant to s. 1012.32
361	shall not be required to comply with the provisions of this
362	paragraph.
363	(i) Annually comply with the requirements of the
364	Department of Education to complete a sworn compliance form
365	certifying compliance with state laws pursuant to subsection
366	(7).
367	(j) Notify the Department of Education and the eligible
368	nonprofit scholarship-funding organization if any participating
369	student is receiving a warrant or check from more than one
370	nonprofit scholarship-funding organization.
371	(7) DEPARTMENT OF EDUCATION, COMMISSIONER OF EDUCATION,
372	AND STATE BOARD OF EDUCATION OBLIGATIONS; RESPONSIBILITIES.--
373	(a) The Department of Education shall:
374	1. Annually submit to the Department of Revenue, by March
375	15, a list of eligible nonprofit scholarship-funding
376	organizations that meet the requirements of paragraph (2)(c).
377	2. Verify the eligibility of nonprofit scholarship-funding
378	organizations that meet the requirements of paragraph (2)(c).
379	3. Verify the eligibility of private schools that meet the
380	requirements of paragraph (2)(d).
381	4. Verify the eligibility of expenditures as provided in
382	subsection (4).
383	5. Establish a toll-free hotline that provides parents,
384	private schools, and nonprofit scholarship-funding organizations
385	with information on participation in the scholarship program.
386	6. Establish a process by which individuals may notify the
387	Department of Education of any violation by a private school or
388	nonprofit scholarship-funding organization of state laws
389	relating to scholarship program participation.
390	7. Require annual completion of a sworn compliance form by
391	participating private schools certifying compliance with state
392	laws and retain such records.
393	8. Identify all nationally norm-referenced tests that are
394	comparable to the norm-referenced test portions of the Florida
395	Comprehensive Assessment Test (FCAT).
396	9. Select an independent private research organization to
397	which participating private schools must report the scores of
398	participating students on the nationally norm-referenced tests
399	administered by the private school. The independent private
400	research organization must annually report to the Department of
401	Education on the year-to-year improvements of the participating
402	students. The independent private research organization must
403	analyze and report student performance data in a manner that
404	protects the rights of students and parents as mandated in 20
405	U.S.C. s. 1232g and must not disaggregate data to a level that
406	will disclose the academic level of individuals or of individual
407	schools. To the extent possible, the independent private
408	research organization must accumulate historical performance
409	data on students from the Department of Education and private
410	schools to describe baseline performance and to conduct
411	longitudinal studies.
412	10. Provide a private school profile on-line for those
413	private schools participating in the scholarship program.
414	11. Notify an eligible nonprofit scholarship-funding
415	organization of any of the organization's identified students
416	who are receiving an Opportunity Scholarship pursuant to s.
417	1002.38 or a John M. McKay Scholarship pursuant to s. 1002.39.
418	12. Notify an eligible nonprofit scholarship-funding
419	organization of any of the organization's identified students
420	who are receiving a corporate income tax credit scholarship from
421	another eligible nonprofit scholarship-funding organization.
422	13. Require quarterly reports by an eligible nonprofit
423	scholarship-funding organization regarding the number of
424	students participating in the scholarship program, the private
425	schools at which the students are enrolled, and other
426	information deemed necessary by the Department of Education.
427	(b) The Commissioner of Education is authorized to suspend
428	or prohibit an eligible nonprofit scholarship-funding
429	organization from participation in the scholarship program and
430	to take other action necessary to ensure compliance with the
431	provisions of this section.
432	(c) The State Board of Education shall adopt rules
433	pursuant to ss. 120.536(1) and 120.54 to implement the
434	provisions of this subsection, including rules to determine the
435	eligibility of nonprofit scholarship-funding organizations and
436	to identify qualified students.
437	(8)(7)ADMINISTRATION; RULES.--
438	(a) If the credit granted pursuant to this section is not
439	fully used in any one year because of insufficient tax liability
440	on the part of the corporation, the unused amount may be carried
441	forward for a period not to exceed 3 years; however, any
442	taxpayer that seeks to carry forward an unused amount of tax
443	credit must submit an application for allocation of tax credits
444	or carryforward credits as required in paragraph (d) in the year
445	that the taxpayer intends to use the carryforward. The total
446	amount of tax credits and carryforward of tax credits granted
447	each state fiscal year under this section is $88 million.This
448	carryforward applies to all approved contributions made after
449	January 1, 2002. A taxpayer may not convey, assign, or transfer
450	the credit authorized by this section to another entity unless
451	all of the assets of the taxpayer are conveyed, assigned, or
452	transferred in the same transaction.
453	(b) An application for a tax credit pursuant to this
454	section shall be submitted to the department on forms
455	established by rule of the department.
456	(c) The department and the Department of Education shall
457	develop a cooperative agreement to assist in the administration
458	of this section. The Department of Education shall be
459	responsible for annually submitting, by March 15, to the
460	department a list of eligible nonprofit scholarship-funding
461	organizations that meet the requirements of paragraph (2)(d) and
462	for monitoring eligibility of nonprofit scholarship-funding
463	organizations that meet the requirements of paragraph (2)(d),
464	eligibility of nonpublic schools that meet the requirements of
465	paragraph (2)(c), and eligibility of expenditures under this
466	section as provided in subsection (4).
467	(d) The department shall adopt rules necessary to
468	administer this section, including rules establishing
469	application forms and procedures and governing the allocation of
470	tax credits and carryforward credits under this section on a
471	first-come, first-served basis.
472	(e) The Department of Education shall adopt rules
473	necessary to determine eligibility of nonprofit scholarship-
474	funding organizations as defined in paragraph (2)(d) and
475	according to the provisions of subsection (4) and identify
476	qualified students as defined in paragraph (2)(e).
477	(9)(8)DEPOSITS OF ELIGIBLE CONTRIBUTIONS.--All eligible
478	contributions received by an eligible nonprofit scholarship-
479	funding organization shall be deposited in a manner consistent
480	with s. 17.57(2).
481	Section 2. Paragraphs (g), (h), and (i) are added to
482	subsection (3) of section 1002.39, Florida Statutes, and
483	subsection (4) and paragraph (f) of subsection (5) of said
484	section are amended, to read:
485	1002.39 The John M. McKay Scholarships for Students with
486	Disabilities Program.--There is established a program that is
487	separate and distinct from the Opportunity Scholarship Program
488	and is named the John M. McKay Scholarships for Students with
489	Disabilities Program, pursuant to this section.
490	(3) SCHOOL DISTRICT AND DEPARTMENT OF EDUCATION
491	OBLIGATIONS.--
492	(g) The Department of Education shall establish a toll-
493	free hotline that provides parents and private schools with
494	information on participation in the John M. McKay Scholarships
495	for Students with Disabilities Program.
496	(h) The Department of Education shall establish a process
497	by which individuals may notify the department of any violation
498	by a private school of state laws relating to program
499	participation.
500	(i) The Department of Education shall require annual
501	completion of a sworn compliance form by participating private
502	schools certifying compliance with state laws and shall retain
503	such records.
504	(4) PRIVATE SCHOOL ELIGIBILITY.--To be eligible to
505	participate in the John M. McKay Scholarships for Students with
506	Disabilities Program, a private school must be a Florida private
507	school, may be sectarian or nonsectarian, and must:
508	(a) Demonstrate fiscal soundness by being in operation for
509	3 school years or obtain 1 school year or provide the Department
510	of Education with a statement by a certified public accountant
511	confirming that the private school desiring to participate is
512	insured and the owner or owners have sufficient capital or
513	credit to operate the school for the upcoming year serving the
514	number of students anticipated with expected revenues from
515	tuition and other sources that may be reasonably expected. In
516	lieu of such a statement,a surety bond or letter of credit for
517	the amount equal to the scholarship funds for any quarter to may
518	be filed with the Department of Education. The surety bond or
519	letter of credit shall serve to secure expenditures of
520	scholarship funds should such funds be found to have been used
521	for unlawful purposes.
522	(b) Notify the Department of Education of its intent to
523	participate in the program under this section. The notice must
524	specify the grade levels and services that the private school
525	has available for students with disabilities who are
526	participating in the scholarship program.
527	(c) Comply with the antidiscrimination provisions of 42
528	U.S.C. s. 2000d in existence on July 1, 2003.
529	(d) Meet state and local health and safety laws and codes,
530	including, but not limited to, laws pertaining to:
531	1. Fire safety.
532	2. Building codes.
533	(e) Be academically accountable to the parent for meeting
534	the educational needs of the student by providing to the parent
535	a documented explanation of the student's progress.
536	(f) Employ or contract with teachers who hold
537	baccalaureate or higher degrees, or have at least 3 years of
538	teaching experience in public or private schools, or have
539	special skills, knowledge, or expertise that qualifies them to
540	provide instruction in subjects taught.
541	(g) Comply with all state laws relating to general
542	regulation of private schools, including, but not limited to,
543	laws pertaining to:
544	1. Annual private school survey required in s. 1002.42(2).
545	2. Retention of records required in s. 1002.42(3).
546	3. Attendance records and reports required in s.
547	1003.23(2).
548	4. School-entry health examinations and immunizations
549	required in s. 1003.22.
550	5. Attendance requirements prescribed in ss. 1003.01(13)
551	and 1003.21(1).
552	(h) Adhere to the tenets of its published disciplinary
553	procedures prior to the expulsion of a scholarship student.
554	(i) Within 60 days after employment, for any individual
555	who has direct student contact, file with the Department of Law
556	Enforcement a complete set of fingerprints for state processing
557	for a criminal background check consistent with the requirements
558	of the National Child Protection Act, 42 U.S.C. s. 5119(b). An
559	"individual with direct student contact" means any individual
560	who:
561	1. Is employed by a private school in any capacity,
562	including an individual employed as a child care provider, a
563	teacher, or another member of school personnel, and who is
564	responsible for the provision of care, treatment, education,
565	training, instruction, supervision, or recreation of children;
566	2. Is the owner or operator of the private school; or
567	3. Has unsupervised access to a child for whom the private
568	school is responsible.
569
570	The costs of fingerprinting and the background check shall not
571	be borne by the state. The results of a criminal background
572	check shall be reported as set forth under the National Child
573	Protection Act, 42 U.S.C. s. 5119(b). The owner or operator of
574	the private school shall immediately report to the Department of
575	Education any individual with direct student contact who has
576	been convicted of a crime that bears upon the individual's
577	fitness to have responsibility for the safety and well-being of
578	children. Employment of such an individual shall cause a private
579	school to be ineligible for participation in the program. An
580	individual holding a valid Florida teaching certificate who has
581	been fingerprinted pursuant to s. 1012.32 shall not be required
582	to comply with the provisions of this paragraph.
583	(j) Annually comply with the requirements of the
584	Department of Education to complete a sworn compliance form
585	certifying compliance with state laws pursuant to subsection
586	(3).
587	(5) OBLIGATION OF PROGRAM PARTICIPANTS.--
588	(f) Upon receipt of a scholarship warrant, the parent to
589	whom the warrant is made must restrictively endorse the warrant
590	to the private school for deposit into the account of the
591	private school. No power of attorney shall be valid for this
592	purpose.
593	Section 3. This act shall take effect upon becoming a law.