December 02, 2020
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Amendment
Bill No. 2882
Amendment No. 157425
CHAMBER ACTION
Senate House
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1Representative Goodlette offered the following:
2
3     Amendment to Amendment (308089) (with title amendment)
4Remove line(s) 144-381 and insert:
5such records. The Department of Education shall approve a
6process for verifying the information provided by the private
7school.
8     (j)  The Department of Education shall regularly cross-
9check the list of participating scholarship students with the
10public school enrollment lists to avoid duplication.
11     (k)  A school district shall provide notification to
12parents of the availability of a reassessment of each student
13who receives a John M. McKay Scholarship at least every 3 years.
14     (4)  PRIVATE SCHOOL ELIGIBILITY.--To be eligible to
15participate in the John M. McKay Scholarships for Students with
16Disabilities Program, a private school must be a Florida private
17school, as defined in s. 1002.01(2), may be sectarian or
18nonsectarian, and must:
19     (a)  Demonstrate fiscal soundness by being in operation for
202 or more consecutive school years or obtain 1 school year or
21provide the Department of Education with a statement by a
22certified public accountant confirming that the private school
23desiring to participate is insured and the owner or owners have
24sufficient capital or credit to operate the school for the
25upcoming year serving the number of students anticipated with
26expected revenues from tuition and other sources that may be
27reasonably expected. In lieu of such a statement, a surety bond
28or letter of credit for the amount equal to the scholarship
29funds for any quarter to may be filed with the Department of
30Education. The surety bond or letter of credit shall serve to
31secure expenditures of scholarship funds should such funds be
32found to have been used for unlawful purposes. However, if
33during the school year a private school exhibits financial
34difficulty or is otherwise not in compliance with this section,
35the Commissioner of Education may impose additional requirements
36on the private school, which may include additional security
37bonding.
38     (b)  Notify the Department of Education of its intent to
39participate in the program under this section. The notice must
40specify the grade levels and services that the private school
41has available for students with disabilities who are
42participating in the scholarship program.
43     (c)  Comply with the antidiscrimination provisions of 42
44U.S.C. s. 2000d.
45     (d)  Meet state and local health and safety laws and codes,
46including, but not limited to, laws pertaining to:
47     1.  Fire safety.
48     2.  Building codes.
49     (e)1.  Require each John M. McKay Scholarship student to
50participate at least annually in a student assessment which, as
51determined by the private school in consultation with the
52student's parent, will demonstrate the student's skill level to
53the student's parent.
54     2.  Notify the student's parent at least annually about the
55student's skill level on a student assessment that is determined
56by the private school. Be academically accountable to the parent
57for meeting the educational needs of the student.
58     (f)  Employ or contract with teachers who hold
59baccalaureate or higher degrees, or have at least 3 years of
60teaching experience in public or private schools, or have
61special skills, knowledge, or expertise that qualifies them to
62provide instruction in subjects taught.
63     (g)  Comply with all state laws relating to general
64regulation of private schools, including, but not limited to,
65laws pertaining to:
66     1.  Annual private school survey required in s. 1002.42(2).
67     2.  Retention of records required in s. 1002.42(3).
68     3.  Attendance records and reports required in s.
691003.23(2).
70     4.  School-entry health examinations and immunizations
71required in s. 1003.22.
72     5.  Attendance requirements prescribed in ss. 1003.01(13)
73and 1003.21(1).
74     (h)  Publish and adhere to the tenets of its adopted
75published disciplinary procedures prior to the expulsion of a
76scholarship student.
77     (i)  Within 60 days after employment, for any individual
78with direct student contact with John M. McKay Scholarship
79students, file with the Department of Law Enforcement a complete
80set of fingerprints for state processing for a criminal
81background check. The Department of Law Enforcement shall in
82turn submit the fingerprints to the Federal Bureau of
83Investigation for federal processing for a background check. An
84"individual with direct student contact with John M. McKay
85Scholarship students" means any individual who:
86     1.  Is employed by a private school in any capacity,
87including an individual employed as a child care provider, a
88teacher, or another member of school personnel, and who is
89responsible for the provision of care, treatment, education,
90training, instruction, supervision, or recreation of John M.
91McKay Scholarship students;
92     2.  Is the owner or operator of the private school
93accepting John M. McKay Scholarship students; or
94     3.  Has unsupervised access to a John M. McKay Scholarship
95student for whom the private school is responsible.
96
97The costs of fingerprinting and the background check shall not
98be borne by the state. The results of a criminal background
99check for private school owners shall be reported to the
100Department of Education. The owner or operator of the private
101school shall receive the results of a criminal background check
102for all other persons subject to the private school background
103check requirements and immediately report to the Department of
104Education any individual with direct student contact with John
105M. McKay Scholarship students who has failed the Level 2
106background check. Employment of such an individual shall cause a
107private school to be ineligible for participation in the
108scholarship program. An individual holding a valid Florida
109teaching certificate who has been fingerprinted pursuant to s.
1101012.32 shall not be required to comply with the provisions of
111this paragraph.
112     (j)  Annually comply with the requirements of the
113Department of Education to submit a notarized sworn compliance
114statement certifying compliance with state laws pursuant to
115subsection (3). The form and timeline for submission of the
116compliance statement shall be specified in rules adopted by the
117State Board of Education. The statement must be filed with the
118Department of Education.
119     (k)  Comply with all applicable state agency rules relating
120to private schools.
121     (l)  Not operate as a private tutoring program as described
122in s. 1002.43, a correspondence school, or a distance learning
123school or provide instruction to students at home.
124     (m)  Maintain a physical private school location where a
125scholarship student regularly attends classes.
126     (n)  Require the parent of each scholarship student to
127personally restrictively endorse the scholarship check to the
128school. The school may not:
129     1.  Act as attorney in fact for parents of a scholarship
130student under the authority of a power of attorney executed by
131such parents, or under any other authority, to endorse
132scholarship warrants on behalf of parents.
133     2.  Send or direct John M. McKay Scholarship funds to
134parents of a scholarship student who receives instruction at
135home.
136     3.  Accept a John M. McKay Scholarship student until the
137notarized sworn compliance statement has been completed and has
138been submitted to and verified by the Department of Education.
139     (o)  Annually register with the Department of Education.
140Each owner or administrator of a private school must provide the
141following information:
142     1.  The legal business and trade name, mailing address, and
143business location of the private school.
144     2.  The full name, address, and telephone number of each
145owner or administrator of the private school.
146     3.  A notification of the private school's intent to
147participate in the program under this section. The notice must
148specify the grade levels and services that the private school
149has available for students with disabilities who are
150participating in the scholarship program.
151     (p)  Provide the Department of Education with all
152documentation required for each scholarship student's
153participation in the scholarship program, including, but not
154limited to:
155     1.  The private school's fee schedule, including, but not
156limited to, fees for services, tuition, and instructional
157materials, and each individual scholarship student's schedule of
158fees and charges, at least 30 days before the first quarterly
159scholarship payment is made for the student.
160     2.  The enrollment and attendance information, including an
161on-line attendance verification form, for each scholarship
162student at the private school, prior to each scholarship
163payment.
164     (q)  Notify the Department of Education of any change in
165the school's registered name or location prior to any such
166change and notify the Department of Education within 15 days
167after any other change in the registration information submitted
168to the department.
169     (5)  OBLIGATION OF PROGRAM PARTICIPANTS.--
170     (f)  Upon receipt of a scholarship warrant, the parent to
171whom the warrant is made must restrictively endorse the warrant
172to the private school for deposit into the account of the
173private school. The parent of a student participating in the
174scholarship program may not designate any participating private
175school as the parent's attorney in fact to sign a scholarship
176warrant.
177     (6)  SCHOLARSHIP FUNDING AND PAYMENT.--
178     (e)  Following notification on July 1, September 1,
179December 1, or February 1 of the number of program participants,
180the Department of Education shall transfer, from General Revenue
181funds only, the amount calculated under paragraph (b) from the
182school district's total funding entitlement under the Florida
183Education Finance Program and from authorized categorical
184accounts to a separate account for the scholarship program for
185quarterly disbursement to the parents of participating students.
186When a student enters the scholarship program, the Department of
187Education must receive all documentation required for the
188student's participation, including, but not limited to, the
189private school's and student's fee schedules, at least 30 days
190before the first quarterly scholarship payment is made for the
191student. The Department of Education may not make any
192retroactive payments.
193     (f)  Upon proper documentation reviewed and approved by the
194Department of Education, the Chief Financial Officer shall make
195scholarship payments in four equal amounts no later than
196September 1, November 1, February 1, and April 1 15 of each
197academic year in which the scholarship is in force. The initial
198payment shall be made after Department of Education verification
199of admission acceptance, and subsequent payments shall be made
200upon verification of continued enrollment and attendance at the
201private school. Payment must be by individual warrant made
202payable to the student's parent and mailed by the Department of
203Education to the private school of the parent's choice, and the
204parent shall restrictively endorse the warrant to the private
205school for deposit into the account of the private school.
206     (g)  Subsequent to each scholarship payment, the Department
207of Financial Services shall randomly review endorsed warrants to
208confirm compliance with endorsement requirements.
209     (8)  COMMISSIONER AUTHORITY.--The Commissioner of Education
210may suspend or prohibit a private school or a student from
211participation in the scholarship program and take other action
212necessary to ensure compliance with the provisions of this
213section.
214     (9)(8)  RULES.--The State Board of Education shall may
215adopt rules pursuant to ss. 120.536(1) and 120.54 to administer
216this section, including rules for:
217     (a)  Administering the annual notarized sworn compliance
218statement to all participating private schools.
219     (b)  Establishing forms for changes to a matrix by a school
220district and the Department of Education.
221     (c)  Implementing the requirement that a private school
222timely notify the Department of Education of material changes to
223the school's registration information.
224     (d)  Establishing attendance-verification procedures and
225forms.
226     (e)  Establishing procedures for determining student
227eligibility and approving scholarships.
228
229The rules related to the annual notarized sworn compliance
230statement shall establish a deadline for the receipt of the
231initial notarized sworn compliance statement from the private
232school and shall enumerate the items to be included in the
233statement. The rules shall enumerate the items to be included in
234a subsequent annual notarized sworn compliance statement that is
235required in January of each year from the private school.
236However, the inclusion of eligible private schools within
237
238================ T I T L E  A M E N D M E N T =============
239     Remove line(s) 975-976 and insert:
240of the department, annual assessment of students, and
241maintenance of a physical location in the state; requiring
242fingerprinting


CODING: Words stricken are deletions; words underlined are additions.
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