Amendment

Bill No. 2882

Amendment No. 157425

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

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