| 1 | The Education Appropriations Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to educational choice; creating s. |
| 7 | 1002.385, F.S.; establishing the Reading Compact |
| 8 | Scholarship Program to provide students with reading |
| 9 | deficiencies the option to attend a public or private |
| 10 | school of choice; providing eligibility requirements for |
| 11 | receipt of a Reading Compact Scholarship to attend a |
| 12 | private school and restricting eligibility therefor; |
| 13 | providing for the term of a scholarship; providing school |
| 14 | district obligation to notify parents of available |
| 15 | options; providing Department of Education obligations, |
| 16 | including establishment of a process for notification of |
| 17 | violations, subsequent investigation, and certification of |
| 18 | compliance by private schools and selection of a research |
| 19 | organization to analyze student performance data; |
| 20 | providing Commissioner of Education authority and |
| 21 | obligations, including the denial, suspension, or |
| 22 | revocation of a private school's participation in the |
| 23 | scholarship program and procedures and timelines therefor; |
| 24 | providing private school eligibility requirements and |
| 25 | obligations, including compliance with specified laws and |
| 26 | academic accountability to the parent; providing parent |
| 27 | and student responsibilities for scholarship program |
| 28 | participation, including compliance with private school's |
| 29 | published policies, participation in student academic |
| 30 | assessment, and restrictive endorsement of scholarship |
| 31 | warrants; prohibiting power of attorney for endorsing a |
| 32 | scholarship warrant; providing funding and payment |
| 33 | requirements, including calculation of scholarship amount, |
| 34 | payment process, and Department of Financial Services |
| 35 | review; providing for immunity; authorizing waiver of |
| 36 | deadlines; providing scope of authority; requiring |
| 37 | adoption of rules; creating s. 1002.421, F.S., relating to |
| 38 | rights and obligations of private schools participating in |
| 39 | state school choice scholarship programs; providing |
| 40 | requirements for participation in a scholarship program, |
| 41 | including compliance with specified state, local, and |
| 42 | federal laws and demonstration of fiscal soundness; |
| 43 | requiring restrictive endorsement of checks and |
| 44 | prohibiting a school from acting as attorney in fact; |
| 45 | requiring employment of qualified teachers and background |
| 46 | screening of individuals with direct student contact; |
| 47 | requiring adoption of rules; amending s. 1002.20, F.S.; |
| 48 | providing an educational choice, to conform; providing an |
| 49 | effective date. |
| 50 |
|
| 51 | Be It Enacted by the Legislature of the State of Florida: |
| 52 |
|
| 53 | Section 1. Section 1002.385, Florida Statutes, is created |
| 54 | to read: |
| 55 | 1002.385 Reading Compact Scholarship Program.-- |
| 56 | (1) READING COMPACT SCHOLARSHIP PROGRAM.--The Reading |
| 57 | Compact Scholarship Program is established to offer the parent |
| 58 | of a student who has not attained reading proficiency beyond |
| 59 | Level 1 an educational choice to further the student's progress |
| 60 | in reading. The scholarship program shall provide students who |
| 61 | have scored Level 1 on FCAT Reading for 2 of the previous 3 |
| 62 | years the option to attend a public or private school of choice. |
| 63 | (2) READING COMPACT SCHOLARSHIP ELIGIBILITY.--The parent |
| 64 | of a public school student may request and receive from the |
| 65 | state a Reading Compact Scholarship for the student to enroll in |
| 66 | and attend a private school in accordance with the provisions of |
| 67 | this section if: |
| 68 | (a) The student scored Level 1 on FCAT Reading for 2 of |
| 69 | the previous 3 years. However, a student who scored Level 1 on |
| 70 | grade 10 FCAT Reading is not eligible for a Reading Compact |
| 71 | Scholarship. |
| 72 | (b) The parent has obtained acceptance for admission of |
| 73 | the student to a private school eligible to participate in the |
| 74 | scholarship program pursuant to subsection (8) and has requested |
| 75 | from the Department of Education a Reading Compact Scholarship |
| 76 | no later than 60 days prior to the date of the first scholarship |
| 77 | payment. The parental request must be through a communication |
| 78 | directly to the department in a manner that creates a written or |
| 79 | electronic record of the request and the date of receipt of the |
| 80 | request. |
| 81 | (3) READING COMPACT SCHOLARSHIP PROHIBITIONS.--A student |
| 82 | is not eligible for a Reading Compact Scholarship if he or she |
| 83 | is: |
| 84 | (a) Enrolled in a school operating for the purpose of |
| 85 | providing educational services to youth in Department of |
| 86 | Juvenile Justice commitment programs. |
| 87 | (b) Receiving a scholarship from an eligible nonprofit |
| 88 | scholarship-funding organization under s. 220.187. |
| 89 | (c) Already receiving an educational scholarship pursuant |
| 90 | to this chapter. |
| 91 | (d) Participating in a home education program as defined |
| 92 | in s. 1002.01(1). |
| 93 | (e) Participating in a private tutoring program pursuant |
| 94 | to s. 1002.43. |
| 95 | (f) Participating in a virtual school, correspondence |
| 96 | school, or distance learning program that receives state funding |
| 97 | pursuant to the student's participation. |
| 98 | (4) TERM OF READING COMPACT SCHOLARSHIP.-- |
| 99 | (a) For purposes of continuity of educational choice, a |
| 100 | Reading Compact Scholarship shall remain in force until the |
| 101 | student returns to a public school or graduates from high |
| 102 | school. |
| 103 | (b) Upon reasonable notice to the department and the |
| 104 | school district, the student's parent may remove the student |
| 105 | from the private school and place the student in a public |
| 106 | school, as provided in paragraph (5)(a). |
| 107 | (c) Upon reasonable notice to the department, the |
| 108 | student's parent may move the student from one participating |
| 109 | private school to another participating private school. |
| 110 | (5) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.-- |
| 111 | (a)1. A school district shall timely notify the parent of |
| 112 | each eligible student of all options available pursuant to this |
| 113 | section and offer that student's parent an opportunity to enroll |
| 114 | the student in another public school within the school district. |
| 115 | 2. The parent is not required to accept the offer of |
| 116 | enrolling the student in another public school in lieu of |
| 117 | requesting a Reading Compact Scholarship to a private school. |
| 118 | However, if the parent chooses the public school option, the |
| 119 | student may continue attending a public school chosen by the |
| 120 | parent until the student graduates from high school. |
| 121 | 3. If the parent chooses a public school consistent with |
| 122 | the district school board's choice plan under s. 1002.31, the |
| 123 | school district shall provide transportation to the public |
| 124 | school selected by the parent. The parent is responsible for |
| 125 | providing transportation to a public school chosen that is not |
| 126 | consistent with the district school board's choice plan under s. |
| 127 | 1002.31. |
| 128 | (b) If the parent chooses the private school option and |
| 129 | the student is accepted by the private school pending the |
| 130 | availability of a space for the student, the parent of the |
| 131 | student must notify the department no later than 60 days prior |
| 132 | to the first scholarship payment and before entering the private |
| 133 | school in order to be eligible for the scholarship when a space |
| 134 | becomes available for the student in the private school. |
| 135 | (c) The parent of a student may choose, as an alternative, |
| 136 | to enroll the student in and transport the student to a public |
| 137 | school in an adjacent school district that has available space, |
| 138 | and that school district shall accept the student and report the |
| 139 | student for purposes of the school district's funding under the |
| 140 | Florida Education Finance Program. |
| 141 | (d) For a student in the school district who participates |
| 142 | in the Reading Compact Scholarship Program whose parent requests |
| 143 | that the student take the statewide assessments under s. |
| 144 | 1008.22, the school district shall provide locations and times |
| 145 | to take all statewide assessments. |
| 146 | (6) DEPARTMENT OF EDUCATION OBLIGATIONS.--The department |
| 147 | shall: |
| 148 | (a) Establish a toll-free hotline that provides parents |
| 149 | and private schools with information on participation in the |
| 150 | Reading Compact Scholarship Program. |
| 151 | (b) Establish a process by which individuals may notify |
| 152 | the department of any violation by a parent, private school, or |
| 153 | school district of state laws relating to program participation. |
| 154 | The department shall conduct an investigation of any written |
| 155 | complaint of a violation of this section, or make a referral to |
| 156 | the appropriate agency for an investigation, if the complaint is |
| 157 | signed by the complainant and is legally sufficient. A complaint |
| 158 | is legally sufficient if it contains ultimate facts that show |
| 159 | that a violation of this section or any rule adopted by the |
| 160 | State Board of Education has occurred. In order to determine |
| 161 | legal sufficiency, the department may require supporting |
| 162 | information or documentation from the complainant. |
| 163 | (c) Require an annual, notarized, sworn compliance |
| 164 | statement by participating private schools certifying compliance |
| 165 | with state laws and shall retain such records. |
| 166 | (d) Cross-check the list of participating scholarship |
| 167 | students with the public school enrollment lists prior to the |
| 168 | first scholarship payment to avoid duplication. |
| 169 | (e) Identify all nationally norm-referenced tests that are |
| 170 | comparable to the norm-referenced test portions of the Florida |
| 171 | Comprehensive Assessment Test (FCAT). |
| 172 | (f) Select an independent private research organization to |
| 173 | which participating private schools must report the scores of |
| 174 | participating students on the nationally norm-referenced tests |
| 175 | administered by the private school. The independent private |
| 176 | research organization must annually report to the department on |
| 177 | the year-to-year improvements of participating students. The |
| 178 | independent private research organization must analyze and |
| 179 | report student performance data in a manner that protects the |
| 180 | rights of students and parents as mandated in 20 U.S.C. s. |
| 181 | 1232g, the Family Educational Rights and Privacy Act, and must |
| 182 | not disaggregate data to a level that will disclose the academic |
| 183 | level of individuals or of individual schools. To the extent |
| 184 | possible, the independent private research organization must |
| 185 | accumulate historical performance data on students from the |
| 186 | department and private schools to describe baseline performance |
| 187 | and to conduct longitudinal studies. To minimize costs and |
| 188 | reduce time required for third-party analysis and evaluation, |
| 189 | the department shall conduct analyses of matched students from |
| 190 | public school assessment data and calculate control group |
| 191 | learning gains using an agreed-upon methodology outlined in the |
| 192 | contract with the third-party evaluator. The sharing of student |
| 193 | data must be in accordance with the requirements of 20 U.S.C. s. |
| 194 | 1232g, the Family Educational Rights and Privacy Act, and shall |
| 195 | be for the sole purpose of conducting the evaluation. All |
| 196 | parties must preserve the confidentiality of such information as |
| 197 | otherwise required by state and federal law. |
| 198 | (7) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.-- |
| 199 | (a) The Commissioner of Education shall deny, suspend, or |
| 200 | revoke a private school's participation in the scholarship |
| 201 | program if it is determined that the private school has failed |
| 202 | to comply with the provisions of this section. However, in |
| 203 | instances in which the noncompliance is correctable within a |
| 204 | reasonable amount of time and in which the health, safety, and |
| 205 | welfare of the students are not threatened, the commissioner may |
| 206 | issue a notice of noncompliance which shall provide the private |
| 207 | school with a timeframe within which to provide evidence of |
| 208 | compliance prior to taking action to suspend or revoke the |
| 209 | private school's participation in the scholarship program. |
| 210 | (b) The commissioner's determination is subject to the |
| 211 | following: |
| 212 | 1. If the commissioner intends to deny, suspend, or revoke |
| 213 | a private school's participation in the scholarship program, the |
| 214 | department shall notify the private school of such proposed |
| 215 | action in writing by certified mail and regular mail to the |
| 216 | private school's address of record with the department. The |
| 217 | notification shall include the reasons for the proposed action |
| 218 | and notice of the timelines and procedures set forth in this |
| 219 | paragraph. |
| 220 | 2. The private school that is adversely affected by the |
| 221 | proposed action shall have 15 days from the receipt of the |
| 222 | notice of proposed action to file with the department's agency |
| 223 | clerk a request for a proceeding pursuant to ss. 120.569 and |
| 224 | 120.57. If the private school is entitled to a hearing under s. |
| 225 | 120.57(1), the department shall forward the request to the |
| 226 | Division of Administrative Hearings. |
| 227 | 3. Upon receipt of a request referred pursuant to this |
| 228 | paragraph, the director of the Division of Administrative |
| 229 | Hearings shall expedite the hearing and assign an administrative |
| 230 | law judge who shall commence a hearing within 30 days after the |
| 231 | receipt of the formal written request by the division and enter |
| 232 | a recommended order within 30 days after the hearing or within |
| 233 | 30 days after receipt of the hearing transcript, whichever is |
| 234 | later. Each party shall be allowed 10 days in which to submit |
| 235 | written exceptions to the recommended order. A final order shall |
| 236 | be entered by the agency within 30 days after the entry of a |
| 237 | recommended order. The provisions of this subparagraph may be |
| 238 | waived upon stipulation by all parties. |
| 239 | (c) The commissioner may immediately suspend payment if it |
| 240 | is determined that there is probable cause to believe that there |
| 241 | is: |
| 242 | 1. An imminent threat to the health, safety, and welfare |
| 243 | of the students; or |
| 244 | 2. Fraudulent activity on the part of the private school. |
| 245 |
|
| 246 | The commissioner's order suspending payment pursuant to this |
| 247 | paragraph may be appealed pursuant to the same procedures and |
| 248 | timelines as the notice of proposed action set forth in |
| 249 | paragraph (b). |
| 250 | (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.--To be |
| 251 | eligible to participate in the Reading Compact Scholarship |
| 252 | Program, a private school may be sectarian or nonsectarian and |
| 253 | must: |
| 254 | (a) Comply with all applicable requirements for private |
| 255 | schools participating in state school choice programs pursuant |
| 256 | to s. 1002.421. |
| 257 | (b) Provide the department all documentation required for |
| 258 | the student's participation, including the private school's and |
| 259 | student's fee schedules, at least 30 days before the first |
| 260 | quarterly scholarship payment is made for the student. |
| 261 | (c) Be academically accountable to the parent for meeting |
| 262 | the educational needs of the student by: |
| 263 | 1. At a minimum, annually providing to the parent a |
| 264 | written explanation of the student's progress. |
| 265 | 2. Annually administering or making provision for students |
| 266 | participating in the scholarship program to take one of the |
| 267 | nationally norm-referenced tests identified by the department. |
| 268 | Students with disabilities for whom standardized testing is not |
| 269 | appropriate are exempt from this requirement. A participating |
| 270 | private school must report a student's scores to the parent and |
| 271 | to the independent private research organization selected by the |
| 272 | department pursuant to paragraph (6)(f). |
| 273 | 3. Cooperating with the scholarship student whose parent |
| 274 | chooses to participate in the statewide assessments pursuant to |
| 275 | s. 1008.22. |
| 276 |
|
| 277 | The inability of a private school to meet the requirements of |
| 278 | this subsection shall constitute a basis for the ineligibility |
| 279 | of the private school to participate in the scholarship program |
| 280 | as determined by the department. |
| 281 | (9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM |
| 282 | PARTICIPATION.--A parent who applies for a Reading Compact |
| 283 | Scholarship is exercising his or her parental option to place |
| 284 | his or her child in a private school. |
| 285 | (a) The parent must select the private school and apply |
| 286 | for the admission of his or her child. |
| 287 | (b) The parent must have requested the scholarship at |
| 288 | least 60 days prior to the date of the first scholarship |
| 289 | payment. |
| 290 | (c) Any student participating in the Reading Compact |
| 291 | Scholarship Program must remain in attendance throughout the |
| 292 | school year, unless excused by the school for illness or other |
| 293 | good cause. |
| 294 | (d) Each parent and each student has an obligation to the |
| 295 | private school to comply with the private school's published |
| 296 | policies. |
| 297 | (e) The parent shall ensure that the student participating |
| 298 | in the scholarship program takes the norm-referenced assessment |
| 299 | offered by the private school. The parent may also choose to |
| 300 | have the student participate in the statewide assessments |
| 301 | pursuant to s. 1008.22. If the parent requests that the student |
| 302 | participating in the scholarship program take statewide |
| 303 | assessments pursuant to s. 1008.22, the parent is responsible |
| 304 | for transporting the student to the assessment site designated |
| 305 | by the school district. |
| 306 | (f) Upon receipt of a scholarship warrant, the parent to |
| 307 | whom the warrant is made must restrictively endorse the warrant |
| 308 | to the private school for deposit into the account of the |
| 309 | private school. The parent may not designate any entity or |
| 310 | individual associated with the participating private school as |
| 311 | the parent's attorney in fact to sign a scholarship warrant. A |
| 312 | participant who fails to comply with this paragraph forfeits the |
| 313 | scholarship. |
| 314 | (10) READING COMPACT SCHOLARSHIP FUNDING AND PAYMENT.-- |
| 315 | (a) The maximum Reading Compact Scholarship granted for an |
| 316 | eligible student shall be a calculated amount equivalent to the |
| 317 | base student allocation in the Florida Education Finance Program |
| 318 | multiplied by the appropriate cost factor for the educational |
| 319 | program that would have been provided for the student in the |
| 320 | district school to which he or she was assigned, multiplied by |
| 321 | the district cost differential. In addition, the calculated |
| 322 | amount shall include the per-student share of instructional |
| 323 | materials funds, technology funds, and other categorical funds |
| 324 | as provided for this purpose in the General Appropriations Act. |
| 325 | For a student who attended the Florida School for the Deaf and |
| 326 | the Blind, the Reading Compact Scholarship shall be calculated |
| 327 | based on the school district in which the student's parent |
| 328 | resides at the time of the scholarship request. |
| 329 | (b) The amount of the Reading Compact Scholarship shall be |
| 330 | the calculated amount or the amount of the private school's |
| 331 | tuition and fees, whichever is less. Fees eligible shall include |
| 332 | textbook fees, lab fees, and other fees related to instruction, |
| 333 | including transportation. |
| 334 | (c) The school district shall report all students who are |
| 335 | attending a private school under this scholarship program. The |
| 336 | students attending private schools on Reading Compact |
| 337 | Scholarships shall be reported separately from those students |
| 338 | reported for purposes of the Florida Education Finance Program. |
| 339 | (d) A public or private school that provides services to |
| 340 | students with disabilities shall receive the weighted funding |
| 341 | for such services at the appropriate funding level consistent |
| 342 | with the provisions of s. 1011.62(1)(e). |
| 343 | (e) For purposes of calculating the Reading Compact |
| 344 | Scholarship, a student shall be eligible for the amount of the |
| 345 | appropriate basic cost factor if: |
| 346 | 1. The student currently participates in a Group 1 program |
| 347 | funded at the basic cost factor and is not subsequently |
| 348 | identified as having a disability; or |
| 349 | 2. The student currently participates in a Group 2 program |
| 350 | and the parent has chosen a private school that does not provide |
| 351 | the additional services funded by a Group 2 program. |
| 352 | (f) Following notification on July 1, September 1, |
| 353 | December 1, or February 1 of the number of scholarship program |
| 354 | participants, the department shall transfer, from General |
| 355 | Revenue funds only, the calculated amount from the Florida |
| 356 | Education Finance Program and authorized categorical accounts to |
| 357 | a separate account for the Reading Compact Scholarship Program |
| 358 | for quarterly disbursement to the parents of participating |
| 359 | students. When a student enters the scholarship program, the |
| 360 | department must receive all documentation required for the |
| 361 | student's participation, including the private school's and |
| 362 | student's fee schedules, at least 30 days before the first |
| 363 | quarterly scholarship payment is made for the student. |
| 364 | (g) The Chief Financial Officer shall make Reading Compact |
| 365 | Scholarship payments in four equal amounts no later than |
| 366 | September 1, November 1, February 1, and April 1 of each |
| 367 | academic year in which the Reading Compact Scholarship is in |
| 368 | force. The initial payment shall be made after department |
| 369 | verification of admission acceptance, and subsequent payments |
| 370 | shall be made upon verification of continued enrollment and |
| 371 | attendance at the private school. Payment must be by individual |
| 372 | warrant made payable to the student's parent and mailed by the |
| 373 | department to the private school of the parent's choice, and the |
| 374 | parent shall restrictively endorse the warrant to the private |
| 375 | school. |
| 376 | (h) Subsequent to each scholarship payment, the Department |
| 377 | of Financial Services shall randomly review endorsed warrants to |
| 378 | confirm compliance with endorsement requirements. The Department |
| 379 | of Financial Services shall immediately report inconsistencies |
| 380 | or irregularities to the department. |
| 381 | (11) LIABILITY.--No liability shall arise on the part of |
| 382 | the state based on the award or use of a Reading Compact |
| 383 | Scholarship. |
| 384 | (12) WAIVER.--In the event of an act of God, the State |
| 385 | Board of Education shall have the authority to waive any |
| 386 | deadlines to effectuate the purposes of the scholarship program. |
| 387 | (13) SCOPE OF AUTHORITY.--The inclusion of eligible |
| 388 | private schools within options available to Florida public |
| 389 | school students does not expand the regulatory authority of the |
| 390 | state, its officers, or any school district to impose any |
| 391 | additional regulation of private schools beyond those reasonably |
| 392 | necessary to enforce requirements expressly set forth in this |
| 393 | section. |
| 394 | (14) RULES.--The State Board of Education shall adopt rules |
| 395 | pursuant to ss. 120.536(1) and 120.54 to administer this |
| 396 | section. Rules shall include penalties for noncompliance with |
| 397 | subsections (8) and (9). |
| 398 | Section 2. Section 1002.421, Florida Statutes, is created |
| 399 | to read: |
| 400 | 1002.421 Rights and obligations of private schools |
| 401 | participating in state school choice scholarship |
| 402 | programs.--Requirements of this section are in addition to |
| 403 | private school requirements outlined in s. 1002.42, specific |
| 404 | requirements identified within respective scholarship program |
| 405 | laws, and other provisions of Florida law that apply to private |
| 406 | schools. |
| 407 | (1) A Florida private school participating in the |
| 408 | Corporate Income Tax Credit Scholarship Program established |
| 409 | pursuant to s. 220.187 or an educational scholarship program |
| 410 | established pursuant to this chapter must comply with all |
| 411 | requirements of this section. |
| 412 | (2) A private school participating in a scholarship |
| 413 | program must be a Florida private school as defined in s. |
| 414 | 1002.01(2) and must: |
| 415 | (a) Be a registered Florida private school in accordance |
| 416 | with s. 1002.42. |
| 417 | (b) Comply with antidiscrimination provisions of 42 U.S.C. |
| 418 | s. 2000d. |
| 419 | (c) Notify the department of its intent to participate in |
| 420 | a scholarship program. |
| 421 | (d) Notify the department of any change in the school's |
| 422 | name, school director, mailing address, or physical location |
| 423 | within 15 days after the change. |
| 424 | (e) Complete student enrollment and attendance |
| 425 | verification requirements, including use of an on-line |
| 426 | attendance verification form, prior to scholarship payment. |
| 427 | (f) Annually complete and submit to the department a |
| 428 | notarized scholarship compliance statement certifying compliance |
| 429 | with state laws relating to private school participation in the |
| 430 | scholarship program. |
| 431 | (g) Demonstrate fiscal soundness and accountability by: |
| 432 | 1. Being in operation for at least 3 school years or |
| 433 | obtaining a surety bond or letter of credit for the amount equal |
| 434 | to the scholarship funds for any quarter and filing the surety |
| 435 | bond or letter of credit with the department. |
| 436 | 2. Requiring the parent of each scholarship student to |
| 437 | personally restrictively endorse the scholarship warrant to the |
| 438 | school. The school may not act as attorney in fact for the |
| 439 | parent of a scholarship student under the authority of a power |
| 440 | of attorney executed by such parent, or under any other |
| 441 | authority, to endorse scholarship warrants on behalf of such |
| 442 | parent. |
| 443 | (h) Meet applicable state and local health, safety, and |
| 444 | welfare laws, codes, and rules, including: |
| 445 | 1. Fire safety. |
| 446 | 2. Building safety. |
| 447 | (i) Employ or contract with teachers who hold |
| 448 | baccalaureate or higher degrees, have at least 3 years of |
| 449 | teaching experience in public or private schools, or have |
| 450 | special skills, knowledge, or expertise that qualifies them to |
| 451 | provide instruction in subjects taught. |
| 452 | (j) Require each individual with direct student contact |
| 453 | with a scholarship student to be of good moral character, to be |
| 454 | subject to the level 1 background screening as provided under |
| 455 | chapter 435, to be denied employment or terminated if required |
| 456 | under s. 435.06, and not to be ineligible to teach in a public |
| 457 | school because his or her educator certificate is suspended or |
| 458 | revoked. For purposes of this paragraph: |
| 459 | 1. An "individual with direct student contact" means any |
| 460 | individual who has unsupervised access to a scholarship student |
| 461 | for whom the private school is responsible. |
| 462 | 2. The costs of fingerprinting and the background check |
| 463 | shall not be borne by the state. |
| 464 | 3. Continued employment of an individual after |
| 465 | notification that the individual has failed the level 1 |
| 466 | background screening shall cause a private school to be |
| 467 | ineligible for participation in a scholarship program. |
| 468 | 4. An individual holding a valid Florida teaching |
| 469 | certificate who has been fingerprinted pursuant to s. 1012.32 |
| 470 | shall not be required to comply with the provisions of this |
| 471 | paragraph. |
| 472 | (3) The inability of a private school to meet the |
| 473 | requirements of this section shall constitute a basis for the |
| 474 | ineligibility of the private school to participate in a |
| 475 | scholarship program as determined by the department. |
| 476 | (4)(a) The State Board of Education shall adopt rules |
| 477 | pursuant to ss. 120.536(1) and 120.54 to administer this |
| 478 | section. |
| 479 | (b) The inclusion of eligible private schools within |
| 480 | options available to Florida public school students does not |
| 481 | expand the regulatory authority of the state, its officers, or |
| 482 | any school district to impose any additional regulation of |
| 483 | private schools beyond those reasonably necessary to enforce |
| 484 | requirements expressly set forth in this section. |
| 485 | Section 3. Paragraphs (a) and (b) of subsection (6) of |
| 486 | section 1002.20, Florida Statutes, are amended to read: |
| 487 | 1002.20 K-12 student and parent rights.--Parents of public |
| 488 | school students must receive accurate and timely information |
| 489 | regarding their child's academic progress and must be informed |
| 490 | of ways they can help their child to succeed in school. K-12 |
| 491 | students and their parents are afforded numerous statutory |
| 492 | rights including, but not limited to, the following: |
| 493 | (6) EDUCATIONAL CHOICE.-- |
| 494 | (a) Public school choices.--Parents of public school |
| 495 | students may seek whatever public school choice options that are |
| 496 | applicable to their students and are available to students in |
| 497 | their school districts. These options may include controlled |
| 498 | open enrollment, lab schools, charter schools, charter technical |
| 499 | career centers, magnet schools, alternative schools, special |
| 500 | programs, advanced placement, dual enrollment, International |
| 501 | Baccalaureate, early admissions, credit by examination or |
| 502 | demonstration of competency, the New World School of the Arts, |
| 503 | the Florida School for the Deaf and the Blind, and the Florida |
| 504 | Virtual School. These options may also include the public school |
| 505 | choice options of the Opportunity Scholarship Program, and the |
| 506 | McKay Scholarships for Students with Disabilities Program, and |
| 507 | the Reading Compact Scholarship Program. |
| 508 | (b) Private school choices.--Parents of public school |
| 509 | students may seek private school choice options under certain |
| 510 | programs. |
| 511 | 1. Under the Opportunity Scholarship Program, the parent |
| 512 | of a student in a failing public school may request and receive |
| 513 | an opportunity scholarship for the student to attend a private |
| 514 | school in accordance with the provisions of s. 1002.38. |
| 515 | 2. Under the McKay Scholarships for Students with |
| 516 | Disabilities Program, the parent of a public school student with |
| 517 | a disability who is dissatisfied with the student's progress may |
| 518 | request and receive a McKay Scholarship for the student to |
| 519 | attend a private school in accordance with the provisions of s. |
| 520 | 1002.39. |
| 521 | 3. Under the corporate income tax credit scholarship |
| 522 | program, the parent of a student who qualifies for free or |
| 523 | reduced-price school lunch may seek a scholarship from an |
| 524 | eligible nonprofit scholarship-funding organization in |
| 525 | accordance with the provisions of s. 220.187. |
| 526 | 4. Under the Reading Compact Scholarship Program, the |
| 527 | parent of a student with reading deficiencies may request and |
| 528 | receive a Reading Compact Scholarship for the student to attend |
| 529 | a private school in accordance with the provisions of s. |
| 530 | 1002.385. |
| 531 | Section 4. This act shall take effect July 1, 2005. |