Florida Senate - 2018                              CS for SB 732
       By the Committee on Education; and Senator Baxley
       581-02337-18                                           2018732c1
    1                        A bill to be entitled                      
    2         An act relating to K-12 education; amending s.
    3         1002.41, F.S.; specifying that a home education
    4         program is not a school district program and is
    5         registered with the district school superintendent
    6         only for the purpose of complying with the state’s
    7         attendance requirements; revising the content
    8         requirements of a notice of enrollment of a student in
    9         a home education program; requiring the district
   10         school superintendent to immediately register a home
   11         education program upon receipt of the notice;
   12         prohibiting a school district from requiring
   13         additional information or verification of a home
   14         education student except in specified circumstances;
   15         authorizing a school district to provide home
   16         education program students with access to certain
   17         courses and programs offered by the school district;
   18         requiring reporting and funding through the Florida
   19         Education Finance Program; requiring home education
   20         program students be provided access to certain
   21         certifications and assessments offered by the school
   22         district; prohibiting a school district from taking
   23         certain actions against a home education program
   24         student’s parent unless such action is necessary for a
   25         school district program; amending s. 1003.21, F.S.;
   26         prohibiting a district school superintendent from
   27         requiring certain evidence relating to a child’s age
   28         from children enrolled in specified schools and
   29         programs; amending s. 1003.26, F.S.; revising
   30         reporting requirements for specified issues relating
   31         to compulsory school attendance; amending s. 1003.27,
   32         F.S.; requiring a school and school district to comply
   33         with specified provisions before instituting criminal
   34         prosecution against certain parents relating to
   35         compulsory school attendance; amending s. 1006.15,
   36         F.S.; revising the standards required for a home
   37         education student to participate in extracurricular
   38         activities; amending s. 1007.271, F.S.; prohibiting
   39         dual enrollment course and program limitations for
   40         home education students from exceeding limitations for
   41         other students; providing an exemption from the grade
   42         point average requirement for initial enrollment in a
   43         dual enrollment program for certain home education
   44         students; amending s. 1007.35, F.S.; updating
   45         terminology; requiring the Department of Education to
   46         provide certain teacher and student ACT and PreACT
   47         information for the evaluation of certain services and
   48         activities; amending s. 1002.385, F.S.; conforming
   49         cross-references; providing an effective date.
   51  Be It Enacted by the Legislature of the State of Florida:
   53         Section 1. Subsections (1) and (2) of section 1002.41,
   54  Florida Statutes, are amended, and subsections (11), (12), and
   55  (13) are added to that section, to read:
   56         1002.41 Home education programs.—
   57         (1) As used in this section, the term A “home education
   58  program” has the same meaning as is defined in s. 1002.01. A
   59  home education program is not a school district program and is
   60  registered with the district school superintendent only for the
   61  purpose of complying with the state’s attendance requirements
   62  under s. 1003.21(1). The parent is not required to hold a valid
   63  regular Florida teaching certificate.
   64         (a) The parent, as defined in s. 1000.21, who establishes
   65  and maintains a home education program shall notify the district
   66  school superintendent of the county in which the parent resides
   67  of her or his intent to establish and maintain a home education
   68  program. The notice must shall be in writing, signed by the
   69  parent, and shall include the full legal names, addresses, and
   70  birthdates of all children who shall be enrolled as students in
   71  the home education program. The notice must shall be filed in
   72  the district school superintendent’s office within 30 days of
   73  the establishment of the home education program.
   74         (b)The district school superintendent shall accept the
   75  notice and immediately register the home education program upon
   76  receipt of the notice. The district may not require any
   77  additional information or verification from the parent unless
   78  the student chooses to participate in a school district program
   79  or service. The district school superintendent may not assign a
   80  grade level to the home education student or include a social
   81  security number or any other personal information of the student
   82  in any school district or state database unless the student
   83  chooses to participate in a school district program or service;
   84  and
   85         (c) The parent shall file a written notice of termination
   86  upon completion of the home education program with shall be
   87  filed in the district school superintendent, along with the
   88  annual evaluation required in paragraph (f), within
   89  superintendent’s office within 30 days of after said
   90  termination.
   91         (d)(b) The parent shall maintain a portfolio of records and
   92  materials. The portfolio must shall consist of the following:
   93         1. A log of educational activities that is made
   94  contemporaneously with the instruction and that designates by
   95  title any reading materials used.
   96         2. Samples of any writings, worksheets, workbooks, or
   97  creative materials used or developed by the student.
   98         (e) The parent shall determine the content of the
   99  portfolio, preserve it shall be preserved by the parent for 2
  100  years, and make it shall be made available for inspection, if
  101  requested, by the district school superintendent, or the
  102  district school superintendent’s agent, upon 15 days’ written
  103  notice. Nothing in this section shall require the district
  104  school superintendent to inspect the portfolio.
  105         (f)(c) The parent shall provide for an annual educational
  106  evaluation in which is documented the student’s demonstration of
  107  educational progress at a level commensurate with her or his
  108  ability. The parent shall select the method of evaluation and
  109  shall file a copy of the evaluation annually with the district
  110  school superintendent’s office in the county in which the
  111  student resides. The annual educational evaluation shall consist
  112  of one of the following:
  113         1. A teacher selected by the parent shall evaluate the
  114  student’s educational progress upon review of the portfolio and
  115  discussion with the student. Such teacher shall hold a valid
  116  regular Florida certificate to teach academic subjects at the
  117  elementary or secondary level;
  118         2. The student shall take any nationally normed student
  119  achievement test administered by a certified teacher;
  120         3. The student shall take a state student assessment test
  121  used by the school district and administered by a certified
  122  teacher, at a location and under testing conditions approved by
  123  the school district;
  124         4. The student shall be evaluated by an individual holding
  125  a valid, active license pursuant to the provisions of s.
  126  490.003(7) or (8); or
  127         5. The student shall be evaluated with any other valid
  128  measurement tool as mutually agreed upon by the district school
  129  superintendent of the district in which the student resides and
  130  the student’s parent.
  131         (2) The district school superintendent shall review and
  132  accept the results of the annual educational evaluation of the
  133  student in a home education program. If the student does not
  134  demonstrate educational progress at a level commensurate with
  135  her or his ability, the district school superintendent shall
  136  notify the parent, in writing, that such progress has not been
  137  achieved. The parent shall have 1 year from the date of receipt
  138  of the written notification to provide remedial instruction to
  139  the student. At the end of the 1-year probationary period, the
  140  student shall be reevaluated as specified in paragraph (1)(f)
  141  (1)(c). Continuation in a home education program shall be
  142  contingent upon the student demonstrating educational progress
  143  commensurate with her or his ability at the end of the
  144  probationary period.
  145         (11) A school district may provide access to career and
  146  technical courses and programs for a home education program
  147  student who enrolls in a public school solely for the career and
  148  technical courses or programs. The school district that provides
  149  the career and technical courses and programs shall report each
  150  student as a full-time equivalent student in the class and in a
  151  manner prescribed by the department, and funding shall be
  152  provided through the Florida Education Finance Program pursuant
  153  to s. 1011.62.
  154         (12) Industry certifications, national assessments, and
  155  statewide, standardized assessments offered by the school
  156  district shall be available to home education program students.
  157  Each school district shall notify home education program
  158  students of the available certifications and assessments; the
  159  date, time, and locations for the administration of each
  160  certification and assessment; and the deadline for notifying the
  161  school district of the student’s intent to participate and the
  162  student’s preferred location.
  163         (13) A school district may not further regulate, exercise
  164  control over, or require documentation from parents of home
  165  education program students beyond the requirements of this
  166  section unless the regulation, control, or documentation is
  167  necessary for participation in a school district program.
  168         Section 2. Subsection (4) of section 1003.21, Florida
  169  Statutes, is amended to read:
  170         1003.21 School attendance.—
  171         (4) Before admitting a child to kindergarten, the principal
  172  shall require evidence that the child has attained the age at
  173  which he or she should be admitted in accordance with the
  174  provisions of subparagraph (1)(a)2. The district school
  175  superintendent may require evidence of the age of any child who
  176  is being enrolled in public school who the district school
  177  superintendent whom he or she believes to be within the limits
  178  of compulsory attendance as provided for by law; however, the
  179  district school superintendent may not require evidence from any
  180  child who meets regular attendance requirements by attending a
  181  school or program listed in s. 1003.01(13)(b)-(e). If the first
  182  prescribed evidence is not available, the next evidence
  183  obtainable in the order set forth below shall be accepted:
  184         (a) A duly attested transcript of the child’s birth record
  185  filed according to law with a public officer charged with the
  186  duty of recording births;
  187         (b) A duly attested transcript of a certificate of baptism
  188  showing the date of birth and place of baptism of the child,
  189  accompanied by an affidavit sworn to by the parent;
  190         (c) An insurance policy on the child’s life that has been
  191  in force for at least 2 years;
  192         (d) A bona fide contemporary religious record of the
  193  child’s birth accompanied by an affidavit sworn to by the
  194  parent;
  195         (e) A passport or certificate of arrival in the United
  196  States showing the age of the child;
  197         (f) A transcript of record of age shown in the child’s
  198  school record of at least 4 years prior to application, stating
  199  date of birth; or
  200         (g) If none of these evidences can be produced, an
  201  affidavit of age sworn to by the parent, accompanied by a
  202  certificate of age signed by a public health officer or by a
  203  public school physician, or, if these are not available in the
  204  county, by a licensed practicing physician designated by the
  205  district school board, which states that the health officer or
  206  physician has examined the child and believes that the age as
  207  stated in the affidavit is substantially correct. Children and
  208  youths who are experiencing homelessness and children who are
  209  known to the department, as defined in s. 39.0016, shall be
  210  given temporary exemption from this section for 30 school days.
  211         Section 3. Paragraph (f) of subsection (1) and paragraph
  212  (a) of subsection (2) of section 1003.26, Florida Statutes, are
  213  amended to read:
  214         1003.26 Enforcement of school attendance.—The Legislature
  215  finds that poor academic performance is associated with
  216  nonattendance and that school districts must take an active role
  217  in promoting and enforcing attendance as a means of improving
  218  student performance. It is the policy of the state that each
  219  district school superintendent be responsible for enforcing
  220  school attendance of all students subject to the compulsory
  221  school age in the school district and supporting enforcement of
  222  school attendance by local law enforcement agencies. The
  223  responsibility includes recommending policies and procedures to
  224  the district school board that require public schools to respond
  225  in a timely manner to every unexcused absence, and every absence
  226  for which the reason is unknown, of students enrolled in the
  227  schools. District school board policies shall require the parent
  228  of a student to justify each absence of the student, and that
  229  justification will be evaluated based on adopted district school
  230  board policies that define excused and unexcused absences. The
  231  policies must provide that public schools track excused and
  232  unexcused absences and contact the home in the case of an
  233  unexcused absence from school, or an absence from school for
  234  which the reason is unknown, to prevent the development of
  235  patterns of nonattendance. The Legislature finds that early
  236  intervention in school attendance is the most effective way of
  237  producing good attendance habits that will lead to improved
  238  student learning and achievement. Each public school shall
  239  implement the following steps to promote and enforce regular
  240  school attendance:
  241         (1) CONTACT, REFER, AND ENFORCE.—
  242         (f)1. If the parent of a child who has been identified as
  243  exhibiting a pattern of nonattendance enrolls the child in a
  244  home education program pursuant to chapter 1002, the district
  245  school superintendent shall provide the parent a copy of s.
  246  1002.41 and the accountability requirements of this paragraph.
  247  The district school superintendent shall also refer the parent
  248  to a home education review committee composed of the district
  249  contact for home education programs and at least two home
  250  educators selected by the parent from a district list of all
  251  home educators who have conducted a home education program for
  252  at least 3 years and who have indicated a willingness to serve
  253  on the committee. The home education review committee shall
  254  review the portfolio of the student, as defined by s. 1002.41,
  255  every 30 days during the district’s regular school terms until
  256  the committee is satisfied that the home education program is in
  257  compliance with s. 1002.41(1)(d) s. 1002.41(1)(b). The first
  258  portfolio review must occur within the first 30 calendar days of
  259  the establishment of the program. The provisions of subparagraph
  260  2. do not apply once the committee determines the home education
  261  program is in compliance with s. 1002.41(1)(d) s. 1002.41(1)(b).
  262         2. If the parent fails to provide a portfolio to the
  263  committee, the committee shall notify the district school
  264  superintendent. The district school superintendent shall then
  265  terminate the home education program and require the parent to
  266  enroll the child in an attendance option that meets the
  267  definition of “regular school attendance” under s.
  268  1003.01(13)(a), (b), (c), or (e), within 3 days. Upon
  269  termination of a home education program pursuant to this
  270  subparagraph, the parent shall not be eligible to reenroll the
  271  child in a home education program for 180 calendar days. Failure
  272  of a parent to enroll the child in an attendance option as
  273  required by this subparagraph after termination of the home
  274  education program pursuant to this subparagraph shall constitute
  275  noncompliance with the compulsory attendance requirements of s.
  276  1003.21 and may result in criminal prosecution under s.
  277  1003.27(2). Nothing contained herein shall restrict the ability
  278  of the district school superintendent, or the ability of his or
  279  her designee, to review the portfolio pursuant to s.
  280  1002.41(1)(e) s. 1002.41(1)(b).
  281         (2) GIVE WRITTEN NOTICE.—
  282         (a) Under the direction of the district school
  283  superintendent, a designated school representative shall give
  284  written notice that requires enrollment or attendance within 3
  285  days after the date of notice, in person or by return-receipt
  286  mail, to the parent when no valid reason is found for a
  287  student’s nonenrollment in school. If the notice and requirement
  288  are ignored, the designated school representative shall report
  289  the case to the district school superintendent, who and may
  290  refer the case to the child study team in paragraph (1)(b) at
  291  the school the student would be assigned according to district
  292  school board attendance area policies or to the case staffing
  293  committee, established pursuant to s. 984.12. The child study
  294  team shall diligently facilitate intervention services and shall
  295  report the case back to the district school superintendent only
  296  when all reasonable efforts to resolve the nonenrollment
  297  behavior are exhausted. If the parent still refuses to cooperate
  298  or enroll the child in school, the district school
  299  superintendent shall take such steps as are necessary to bring
  300  criminal prosecution against the parent.
  301         Section 4. Subsection (2) of section 1003.27, Florida
  302  Statutes, is amended to read:
  303         1003.27 Court procedure and penalties.—The court procedure
  304  and penalties for the enforcement of the provisions of this
  305  part, relating to compulsory school attendance, shall be as
  306  follows:
  308         (a) In each case of nonenrollment or of nonattendance upon
  309  the part of a student who is required to attend some school,
  310  when no valid reason for such nonenrollment or nonattendance is
  311  found, the district school superintendent shall institute a
  312  criminal prosecution against the student’s parent. However,
  313  criminal prosecution may not be instituted against the student’s
  314  parent until the school and school district have complied with
  315  s. 1003.26.
  316         (b) Each public school principal or the principal’s
  317  designee shall notify the district school board of each minor
  318  student under its jurisdiction who accumulates 15 unexcused
  319  absences in a period of 90 calendar days. Each designee of the
  320  governing body of each private school, and each parent whose
  321  child is enrolled in a home education program, may provide the
  322  Department of Highway Safety and Motor Vehicles with the legal
  323  name, sex, date of birth, and social security number of each
  324  minor student under his or her jurisdiction who fails to satisfy
  325  relevant attendance requirements and who fails to otherwise
  326  satisfy the requirements of s. 322.091. The district school
  327  superintendent must provide the Department of Highway Safety and
  328  Motor Vehicles the legal name, sex, date of birth, and social
  329  security number of each minor student who has been reported
  330  under this paragraph and who fails to otherwise satisfy the
  331  requirements of s. 322.091. The Department of Highway Safety and
  332  Motor Vehicles may not issue a driver license or learner’s
  333  driver license to, and shall suspend any previously issued
  334  driver license or learner’s driver license of, any such minor
  335  student, pursuant to the provisions of s. 322.091.
  336         (c) Each designee of the governing body of each private
  337  school and each parent whose child is enrolled in a home
  338  education program may provide the Department of Highway Safety
  339  and Motor Vehicles with the legal name, sex, date of birth, and
  340  social security number of each minor student under his or her
  341  jurisdiction who fails to satisfy relevant attendance
  342  requirements and who fails to otherwise satisfy the requirements
  343  of s. 322.091. The Department of Highway Safety and Motor
  344  Vehicles may not issue a driver license or learner’s driver
  345  license to, and shall suspend any previously issued driver
  346  license or learner’s driver license of, any such minor student,
  347  pursuant to s. 322.091.
  348         Section 5. Paragraph (c) of subsection (3) of section
  349  1006.15, Florida Statutes, is amended to read:
  350         1006.15 Student standards for participation in
  351  interscholastic and intrascholastic extracurricular student
  352  activities; regulation.—
  353         (3)
  354         (c) An individual home education student is eligible to
  355  participate at the public school to which the student would be
  356  assigned according to district school board attendance area
  357  policies or which the student could choose to attend pursuant to
  358  s. 1002.31, or may develop an agreement to participate at a
  359  private school, in the interscholastic extracurricular
  360  activities of that school, provided the following conditions are
  361  met:
  362         1. The home education student must meet the requirements of
  363  the home education program pursuant to s. 1002.41.
  364         2. During the period of participation at a school, the home
  365  education student must demonstrate educational progress as
  366  required in paragraph (b) in all subjects taken in the home
  367  education program by a method of evaluation agreed upon by the
  368  parent and the school principal which may include: review of the
  369  student’s work by a certified teacher chosen by the parent;
  370  grades earned through correspondence; grades earned in courses
  371  taken at a Florida College System institution, university, or
  372  trade school; standardized test scores above the 35th
  373  percentile; or any other method designated in s. 1002.41.
  374         3. The home education student must meet the same residency
  375  requirements as other students in the school at which he or she
  376  participates.
  377         4. The home education student must meet the same standards
  378  of acceptance, behavior, and performance as required of other
  379  students in extracurricular activities.
  380         5. The student must register with the school his or her
  381  intent to participate in interscholastic extracurricular
  382  activities as a representative of the school before
  383  participation the beginning date of the season for the activity
  384  in which he or she wishes to participate. A home education
  385  student must be able to participate in curricular activities if
  386  that is a requirement for an extracurricular activity.
  387         6. A student who transfers from a home education program to
  388  a public school before or during the first grading period of the
  389  school year is academically eligible to participate in
  390  interscholastic extracurricular activities during the first
  391  grading period provided the student has a successful evaluation
  392  from the previous school year, pursuant to subparagraph 2.
  393         7. Any public school or private school student who has been
  394  unable to maintain academic eligibility for participation in
  395  interscholastic extracurricular activities is ineligible to
  396  participate in such activities as a home education student until
  397  the student has successfully completed one grading period in
  398  home education pursuant to subparagraph 2. to become eligible to
  399  participate as a home education student.
  400         Section 6. Paragraph (b) of subsection (13) of section
  401  1007.271, Florida Statutes, is amended to read:
  402         1007.271 Dual enrollment programs.—
  403         (13)
  404         (b) Each postsecondary institution eligible to participate
  405  in the dual enrollment program pursuant to s. 1011.62(1)(i) must
  406  enter into a home education articulation agreement with each
  407  home education student seeking enrollment in a dual enrollment
  408  course and the student’s parent. By August 1 of each year, the
  409  eligible postsecondary institution shall complete and submit the
  410  home education articulation agreement to the Department of
  411  Education. The home education articulation agreement must
  412  include, at a minimum:
  413         1. A delineation of courses and programs available to
  414  dually enrolled home education students. Courses and programs
  415  may be added, revised, or deleted at any time by the
  416  postsecondary institution. Any course or program limitations may
  417  not exceed the limitations for other dually enrolled students.
  418         2. The initial and continued eligibility requirements for
  419  home education student participation, not to exceed those
  420  required of other dually enrolled students. A high school grade
  421  point average may not be required for home education students
  422  who meet the minimum score on a common placement test adopted by
  423  the State Board of Education which indicates that the student is
  424  ready for college-level coursework; however, home education
  425  student eligibility requirements for continued enrollment in
  426  dual enrollment courses must include the maintenance of the
  427  minimum postsecondary grade point average established by the
  428  postsecondary institution.
  429         3. The student’s responsibilities for providing his or her
  430  own instructional materials and transportation.
  431         4. A copy of the statement on transfer guarantees developed
  432  by the Department of Education under subsection (15).
  433         Section 7. Subsection (5), paragraph (j) of subsection (6),
  434  and subsection (8) of section 1007.35, Florida Statutes, are
  435  amended to read:
  436         1007.35 Florida Partnership for Minority and
  437  Underrepresented Student Achievement.—
  438         (5) Each public high school, including, but not limited to,
  439  schools and alternative sites and centers of the Department of
  440  Juvenile Justice, shall provide for the administration of the
  441  Preliminary SAT/National Merit Scholarship Qualifying Test
  442  (PSAT/NMSQT), or the PreACT preliminary ACT to all enrolled 10th
  443  grade students. However, a written notice shall be provided to
  444  each parent which must include the opportunity to exempt his or
  445  her child from taking the PSAT/NMSQT or the PreACT preliminary
  446  ACT.
  447         (a) Test results will provide each high school with a
  448  database of student assessment data which certified school
  449  counselors will use to identify students who are prepared or who
  450  need additional work to be prepared to enroll and be successful
  451  in credit-bearing college coursework, including dual enrollment
  452  programs, AP courses, or other advanced high school courses.
  453         (b) Funding for the PSAT/NMSQT or the PreACT preliminary
  454  ACT for all 10th grade students shall be contingent upon annual
  455  funding in the General Appropriations Act.
  456         (c) Public school districts must choose either the
  457  PSAT/NMSQT or the PreACT preliminary ACT for districtwide
  458  administration.
  459         (6) The partnership shall:
  460         (j) Provide information to students, parents, teachers,
  461  counselors, administrators, districts, Florida College System
  462  institutions, and state universities regarding PSAT/NMSQT or the
  463  PreACT preliminary ACT administration, including, but not
  464  limited to:
  465         1. Test administration dates and times.
  466         2. That participation in the PSAT/NMSQT or the PreACT
  467  preliminary ACT is open to all 10th grade students.
  468         3. The value of such tests in providing diagnostic feedback
  469  on student skills.
  470         4. The value of student scores in predicting the
  471  probability of success on AP or other advanced course
  472  examinations.
  473         (8)(a) By September 30 of each year, the partnership shall
  474  submit to the department a report that contains an evaluation of
  475  the effectiveness of the delivered services and activities.
  476  Activities and services must be evaluated on their effectiveness
  477  at raising student achievement and increasing the number of AP
  478  or other advanced course examinations in low-performing middle
  479  and high schools. Other indicators that must be addressed in the
  480  evaluation report include the number of middle and high school
  481  teachers trained; the effectiveness of the training; measures of
  482  postsecondary readiness of the students affected by the program;
  483  levels of participation in 10th grade PSAT/NMSQT or the PreACT
  484  preliminary ACT testing; and measures of student, parent, and
  485  teacher awareness of and satisfaction with the services of the
  486  partnership.
  487         (b) The department shall contribute to the evaluation
  488  process by providing access, consistent with s. 119.071(5)(a),
  489  to student and teacher information necessary to match against
  490  databases containing teacher professional development data and
  491  databases containing assessment data for the PSAT/NMSQT, SAT,
  492  ACT, PreACT, AP, and other appropriate measures. The department
  493  shall also provide student-level data on student progress from
  494  middle school through high school and into college and the
  495  workforce, if available, in order to support longitudinal
  496  studies. The partnership shall analyze and report student
  497  performance data in a manner that protects the rights of
  498  students and parents as required in 20 U.S.C. s. 1232g and s.
  499  1002.22.
  500         Section 8. Paragraph (l) of subsection (5) and paragraph
  501  (a) of subsection (11) of section 1002.385, Florida Statutes,
  502  are amended to read:
  503         1002.385 The Gardiner Scholarship.—
  504         (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be
  505  used to meet the individual educational needs of an eligible
  506  student and may be spent for the following purposes:
  507         (l) Fees for an annual evaluation of educational progress
  508  by a state-certified teacher under s. 1002.41(1)(f) s.
  509  1002.41(1)(c), if this option is chosen for a home education
  510  student.
  512  A provider of any services receiving payments pursuant to this
  513  subsection may not share, refund, or rebate any moneys from the
  514  Gardiner Scholarship with the parent or participating student in
  515  any manner. A parent, student, or provider of any services may
  516  not bill an insurance company, Medicaid, or any other agency for
  517  the same services that are paid for using Gardiner Scholarship
  518  funds.
  520  PARTICIPATION.—A parent who applies for program participation
  521  under this section is exercising his or her parental option to
  522  determine the appropriate placement or the services that best
  523  meet the needs of his or her child. The scholarship award for a
  524  student is based on a matrix that assigns the student to support
  525  Level III services. If a parent receives an IEP and a matrix of
  526  services from the school district pursuant to subsection (7),
  527  the amount of the payment shall be adjusted as needed, when the
  528  school district completes the matrix.
  529         (a) To satisfy or maintain program eligibility, including
  530  eligibility to receive and spend program payments, the parent
  531  must sign an agreement with the organization and annually submit
  532  a notarized, sworn compliance statement to the organization to:
  533         1. Affirm that the student is enrolled in a program that
  534  meets regular school attendance requirements as provided in s.
  535  1003.01(13)(b)-(d).
  536         2. Affirm that the program funds are used only for
  537  authorized purposes serving the student’s educational needs, as
  538  described in subsection (5).
  539         3. Affirm that the parent is responsible for the education
  540  of his or her student by, as applicable:
  541         a. Requiring the student to take an assessment in
  542  accordance with paragraph (8)(c);
  543         b. Providing an annual evaluation in accordance with s.
  544  1002.41(1)(f) s. 1002.41(1)(c); or
  545         c. Requiring the child to take any preassessments and
  546  postassessments selected by the provider if the child is 4 years
  547  of age and is enrolled in a program provided by an eligible
  548  Voluntary Prekindergarten Education Program provider. A student
  549  with disabilities for whom a preassessment and postassessment is
  550  not appropriate is exempt from this requirement. A participating
  551  provider shall report a student’s scores to the parent.
  552         4. Affirm that the student remains in good standing with
  553  the provider or school if those options are selected by the
  554  parent.
  556  A parent who fails to comply with this subsection forfeits the
  557  Gardiner Scholarship.
  558         Section 9. This act shall take effect July 1, 2018.