Senate Bill sb2600
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Florida Senate - 2007 SB 2600
By Senator King
8-1686B-07
1 A bill to be entitled
2 An act relating to students with disabilities;
3 creating s. 1002.371, F.S.; creating the
4 Transition Program to provide continuity in the
5 education of students with disabilities who
6 formerly received scholarships under the John
7 M. McKay Scholarships for Students with
8 Disabilities Program; providing eligibility
9 criteria for students and private schools to
10 participate in the program; providing for the
11 term of participation in the program; requiring
12 school districts to provide certain notice to
13 parents and provide locations for statewide
14 assessments; requiring that the Department of
15 Education notify parents of the program;
16 specifying additional duties of the department
17 with respect to verifying the eligibility of
18 private schools to participate, investigating
19 complaints, and conducting site visits at
20 participating private schools; requiring the
21 Commissioner of Education to deny, suspend, or
22 revoke a parent's participation and a private
23 school's eligibility to participate in the
24 program under certain circumstances; providing
25 notice requirements; providing for an expedited
26 hearing; providing circumstances under which
27 the commissioner may immediately suspend
28 payments under the program; providing
29 eligibility requirements for private schools
30 that participate in the program; requiring that
31 employees and personnel having direct contact
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1 with students undergo background checks;
2 providing requirements for retaining
3 fingerprint cards and performing background
4 screening; providing requirements for a parent
5 whose child participates in the program;
6 prohibiting a parent from authorizing another
7 person to endorse a warrant; providing for
8 making payments on behalf of students
9 participating in the program; requiring the
10 department to confirm compliance with
11 endorsement requirements; providing that the
12 state is not liable in any action based on the
13 award or use of funds under the program;
14 providing that the act does not expand the
15 regulatory authority of the state, its
16 officers, or a school district; requiring the
17 State Board of Education to adopt rules;
18 providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 1002.371, Florida Statutes, is
23 created to read:
24 1002.371 Transition Program.--There is established a
25 program that is separate and distinct from the John M. McKay
26 Scholarships for Students with Disabilities Program.
27 (1) TRANSITION PROGRAM; LEGISLATIVE INTENT.--It is the
28 intent of the Legislature, through the establishment of the
29 Transition Program, to provide continuity in the education of
30 students with disabilities who previously received a
31 scholarship to a private school under s. 1002.39 and who meet
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1 the requirements in this section. This section expires June
2 30, 2025.
3 (2) TRANSITION PROGRAM ELIGIBILITY.--A parent of a
4 student with a disability may request that the student
5 participate in the transition program in accordance with this
6 section if:
7 (a) The student meets the following requirements for
8 the 2005-2006 school year:
9 1. Was a previous recipient of a scholarship under s.
10 1002.39;
11 2. Received a program of instruction for less than the
12 actual school days specified in rules of the State Board of
13 Education for compulsory attendance for students enrolled in
14 private schools; and
15 3. Was enrolled in a private school that was eligible
16 under s. 1002.39, and scholarship funds were used for the
17 student to receive:
18 a. Instruction at home;
19 b. Instruction at a site other than the school's
20 physical location; or
21 c. A combination of instruction at home and at the
22 physical location of the eligible private school in which the
23 student was enrolled.
24 (b) The parent has obtained acceptance by a private
25 school that is eligible for the program under subsection (8)
26 for the student to receive instruction at the private school
27 and instruction at home or for the private school to
28 coordinate instruction to the student at home.
29 (c) The parent has requested to participate in the
30 program at least 60 days before the date of the first payment.
31 The request must be made through a communication directly to
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1 the department in a manner that creates a written or
2 electronic record of the request and the date of receipt of
3 the request. A parent applying for his or her child to
4 participate pursuant to this section must submit to the
5 Department of Education documentation to prove compliance with
6 the eligibility requirements in paragraph (a). The
7 documentation must include a notarized statement of compliance
8 that is signed by the parent and the director of the private
9 school in which the student was enrolled during the 2005-2006
10 school year.
11 (3) PROHIBITIONS.--A student is not eligible for the
12 program while he or she is:
13 (a) Enrolled in a school operating for the purpose of
14 providing educational services to youth in commitment programs
15 of the Department of Juvenile Justice;
16 (b) Receiving a corporate income tax credit
17 scholarship under s. 220.187;
18 (c) Receiving a scholarship under s. 1002.39; or
19 (d) Enrolled in the Florida School for the Deaf and
20 the Blind.
21 (4) PROGRAM PARTICIPATION.--
22 (a) For purposes of continuity of educational choice,
23 a student shall remain in the program until the student
24 returns to a public school, graduates from high school, or
25 reaches the age of 22, whichever occurs first.
26 (b) Upon reasonable notice to the department and the
27 school district, the student's parent may remove the student
28 from the private school and place the student in a public
29 school.
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1 (c) Upon reasonable notice to the department, the
2 student's parent may move the student from one participating
3 private school to another participating private school.
4 (5) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.--
5 (a) A school district shall provide notification to
6 parents of the availability of a reevaluation at least every 3
7 years of each student who participates in the program.
8 (b) For a student who participates in the program
9 whose parent requests that the student take the statewide
10 assessments under s. 1008.22, the district in which the
11 student attends private school or receives home instruction
12 shall provide locations and times to take all statewide
13 assessments.
14 (6) DEPARTMENT OF EDUCATION OBLIGATIONS.--The
15 department shall:
16 (a) Establish a toll-free hotline that provides
17 parents and private schools with information concerning
18 participation in the Transition Program.
19 (b)1. Annually verify the eligibility of private
20 schools that meet the requirements of subsection (8).
21 2. Annually verify the parent's compliance with the
22 requirements in this section.
23 (c) Establish a process by which individuals may
24 notify the department of any violation by a parent, private
25 school, or school district of state laws relating to program
26 participation. The department shall conduct an inquiry of any
27 written complaint of a violation of this section, or make a
28 referral to the appropriate agency for an investigation, if
29 the complaint is signed by the complainant and is legally
30 sufficient. A complaint is legally sufficient if it contains
31 ultimate facts that show that a violation of this section or
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1 any rule adopted by the State Board of Education has occurred.
2 In order to determine legal sufficiency, the department may
3 require supporting information or documentation from the
4 complainant. A department inquiry is not subject to the
5 requirements of chapter 120.
6 (d) Require an annual, notarized, sworn compliance
7 statement by participating private schools and parents
8 certifying compliance with state laws and shall retain such
9 records.
10 (e) Cross-check the list of participating students
11 with the public school enrollment lists before each payment in
12 order to avoid duplication.
13 (f)1. Conduct random site visits to private schools
14 participating in the program. The purpose of the site visits
15 is solely to verify the information reported by the parents
16 and schools concerning the enrollment and attendance of
17 students, the credentials of teachers, background screening of
18 teachers, and teachers' fingerprinting results, which
19 information is required by rules of the State Board of
20 Education and subsection (8).
21 2. Annually, by December 15, report to the Governor,
22 the President of the Senate, and the Speaker of the House of
23 Representatives the Department of Education's actions with
24 respect to implementing accountability in the program under
25 this section, any substantiated allegations or violations of
26 law or rule by an eligible private school or parent under this
27 program concerning the enrollment and attendance of students,
28 the credentials of teachers, background screening of teachers,
29 and teachers' fingerprinting results and the corrective action
30 taken by the Department of Education.
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1 (7) COMMISSIONER OF EDUCATION; AUTHORITY AND
2 OBLIGATIONS.--
3 (a) The Commissioner of Education shall deny, suspend,
4 or revoke a parent's participation or a private school's
5 eligibility to participate in the program if the commissioner
6 finds that the private school or parent has failed to comply
7 with the provisions of this section. However, in instances in
8 which the noncompliance is correctable within a reasonable
9 amount of time and in which the health, safety, or welfare of
10 the students is not threatened, the commissioner may issue a
11 notice of noncompliance which shall provide a timeframe within
12 which to provide evidence of compliance before taking action
13 to suspend or revoke eligibility to participate in the
14 program.
15 (b) The commissioner's determination is subject to the
16 following:
17 1. If the commissioner intends to deny, suspend, or
18 revoke a private school's eligibility to participate in the
19 program, the department shall notify the private school of
20 such proposed action in writing by certified mail and regular
21 mail to the private school's address of record with the
22 department. The notification must include the reasons for the
23 proposed action and notice of the timelines and procedures set
24 forth in this paragraph.
25 2. The private school that is adversely affected by
26 the proposed action shall have 15 days following receipt of
27 the notice of proposed action to file with the department's
28 agency clerk a request for a proceeding pursuant to ss.
29 120.569 and 120.57. If the private school is entitled to a
30 hearing under s. 120.57(1), the department shall forward the
31 request to the Division of Administrative Hearings.
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1 3. Upon receipt of a request referred under this
2 paragraph, the director of the Division of Administrative
3 Hearings shall expedite the hearing and assign an
4 administrative law judge who shall commence a hearing within
5 30 days after the receipt of the formal written request by the
6 division and enter a recommended order within 30 days after
7 the hearing or within 30 days after receipt of the hearing
8 transcript, whichever is later. Each party shall be allowed 10
9 days in which to submit written exceptions to the recommended
10 order. A final order shall be entered by the agency within 30
11 days after the entry of a recommended order. The provisions of
12 this subparagraph may be waived upon stipulation by all
13 parties.
14
15 The commissioner's proposed action for a parent is subject to
16 the same procedures and timelines as set forth in this
17 paragraph. A parent may appeal pursuant to the same procedures
18 and timelines as set forth in this paragraph.
19 (c) The commissioner may immediately suspend payment
20 of funds if it is determined that there is probable cause to
21 believe that there is:
22 1. An imminent threat to the health, safety, or
23 welfare of the students; or
24 2. Fraudulent activity on the part of the private
25 school or parent. Notwithstanding s. 1002.22(3), in incidents
26 of alleged fraudulent activity under this section, the
27 Department of Education's Office of Inspector General may
28 release personally identifiable records or reports of students
29 to the following persons or organizations:
30 a. A court of competent jurisdiction in compliance
31 with an order of that court or the attorney of record in
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1 accordance with a lawfully issued subpoena, consistent with
2 the Family Educational Rights and Privacy Act, 20 U.S.C. s.
3 1232g.
4 b. A person or entity authorized by a court of
5 competent jurisdiction in compliance with an order of that
6 court or the attorney of record pursuant to a lawfully issued
7 subpoena, consistent with the Family Educational Rights and
8 Privacy Act, 20 U.S.C. s. 1232g.
9 c. Any person, entity, or authority issuing a subpoena
10 for law enforcement purposes when the court or other issuing
11 agency has ordered that the existence or the contents of the
12 subpoena or the information furnished in response to the
13 subpoena not be disclosed, consistent with the Family
14 Educational Rights and Privacy Act, 20 U.S.C. s. 1232g, and 34
15 C.F.R. s. 99.31.
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17 The commissioner's order suspending payment under this
18 paragraph may be appealed pursuant to the same procedures and
19 timelines as the notice of proposed action set forth in
20 paragraph (b).
21 (8) PRIVATE SCHOOL ELIGIBILITY, OBLIGATIONS, AND
22 ACCOUNTABILITY.--
23 (a) A Florida private school participating in the
24 program established under this section may be sectarian or
25 nonsectarian and must comply with all requirements of this
26 section in addition to requirements for private schools
27 outlined in s. 1002.42 and other provisions of state law which
28 apply to private schools.
29 (b) A private school participating in the program must
30 be a Florida private school as defined in s. 1002.01, must be
31 registered in accordance with s. 1002.42, and must:
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1 1. Comply with the antidiscrimination provisions of 42
2 U.S.C. s. 2000d.
3 2. Notify the department of its intent to participate
4 in the program.
5 3. Notify the department of any change in the school's
6 name, school director, mailing address, or physical location
7 within 15 days after the change.
8 4. Complete student enrollment and attendance
9 verification requirements, including use of an on-line
10 attendance-verification form, before any payment is made.
11 5. Annually complete and submit to the department a
12 notarized compliance statement certifying that all school
13 employees and contracted personnel having direct contact with
14 students have undergone background screening pursuant to s.
15 943.0542.
16 6. Demonstrate fiscal soundness and accountability by:
17 a. Being in operation for at least 3 school years or
18 obtaining a surety bond or letter of credit for the amount
19 equal to the funds paid for any quarter and filing the surety
20 bond or letter of credit with the department.
21 b. Requiring the parent of each student to personally
22 restrictively endorse the warrant to the school. The school
23 may not act as attorney in fact for the parent of a student
24 under the authority of a power of attorney executed by such
25 parent, or under any other authority, to endorse warrants on
26 behalf of such parent.
27 7. Meet applicable state and local health, safety, and
28 welfare laws, codes, and rules, including:
29 a. Firesafety.
30 b. Building safety.
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1 8. Employ or contract with teachers who hold
2 baccalaureate or higher degrees, have at least 3 years of
3 teaching experience in public or private schools, or have
4 special skills, knowledge, or expertise qualifying them to
5 provide instruction in subjects taught.
6 9. Provide to the department all documentation
7 required for a student's participation, including the private
8 school's and student's fee schedules and the student's
9 services plan, at least 30 days before the first quarterly
10 payment is made for the student.
11 10. Be academically accountable to the parent for
12 meeting the educational needs of the student by:
13 a. At a minimum, annually providing to the parent a
14 written explanation of the student's progress.
15 b. Cooperating with the student whose parent chooses
16 to participate in the statewide assessments pursuant to s.
17 1008.22.
18 11. Maintain in this state a physical location where
19 the student attends classes as provided in the services plan
20 of a student who receives instruction at the private school.
21 (c) A private school participating in the program must
22 require each employee and contracted personnel having direct
23 student contact, upon employment or engagement to provide
24 services, to undergo a state and national background
25 screening, pursuant to s. 943.0542, by electronically filing
26 with the Department of Law Enforcement a complete set of
27 fingerprints taken by an authorized law enforcement agency or
28 an employee of the private school, a school district, or a
29 private company who is trained to take fingerprints and deny
30 employment to or terminate an employee if he or she fails to
31 meet the screening standards under s. 435.04. Results of the
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1 screening shall be provided to the participating private
2 school. For purposes of this paragraph:
3 1. An "employee or contracted personnel having direct
4 contact with students" means any employee or contracted
5 personnel who has unsupervised access to a student in the
6 program for whom the private school is responsible.
7 2. The state may not pay the costs of fingerprinting
8 or the background check of employees or contracted personnel
9 having direct contact with students.
10 3. Continued employment of an employee or contracted
11 personnel after notification that he or she has failed the
12 background screening under this paragraph shall cause a
13 private school to be ineligible for participation in the
14 program.
15 4. An employee or contracted personnel holding a valid
16 Florida teaching certificate who has been fingerprinted
17 pursuant to s. 1012.32 is exempt from the background screening
18 requirements of this paragraph.
19 (d) Beginning July 1, 2007, all fingerprints submitted
20 to the Department of Law Enforcement as required by this
21 section shall be retained by the Department of Law Enforcement
22 in a manner provided by rule and entered in the statewide
23 automated fingerprint identification system authorized by s.
24 943.05(2)(b). Such fingerprints shall thereafter be available
25 for all purposes and uses authorized for arrest fingerprint
26 cards entered in the statewide automated fingerprint
27 identification system pursuant to s. 943.051.
28 (e) Beginning July 1, 2007, the Department of Law
29 Enforcement shall search all arrest fingerprint cards received
30 under s. 943.051 against the fingerprints retained in the
31 statewide automated fingerprint identification system under
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1 paragraph (d). Any arrest record that is identified with the
2 retained fingerprints of a person subject to the background
3 screening under this section shall be reported to the
4 employing school with which the person is affiliated. Each
5 private school participating in the program shall participate
6 in this search process by informing the Department of Law
7 Enforcement of any change in the employment or contractual
8 status of its personnel whose fingerprints are retained under
9 paragraph (d). The Department of Law Enforcement shall adopt a
10 rule setting the amount of the annual fee to be imposed upon
11 each private school for performing these searches and
12 establishing the procedures for retaining the fingerprints of
13 private school employees and contracted personnel and
14 disseminating search results. The fee may be borne by the
15 private school or the person fingerprinted.
16 (f) Employees and contracted personnel whose
17 fingerprints are not retained by the Department of Law
18 Enforcement under paragraphs (d) and (e) must be
19 refingerprinted and meet state and national background
20 screening requirements upon reemployment or reengagement to
21 provide services in order to comply with the requirements of
22 this section.
23 (g) Every 5 years following employment or engagement
24 to provide services with a private school, employees or
25 contracted personnel required to be screened under this
26 section must meet screening standards under s. 435.04, at
27 which time the private school shall request the Department of
28 Law Enforcement to forward the fingerprints to the Federal
29 Bureau of Investigation for national processing. If the
30 fingerprints of employees or contracted personnel are not
31 retained by the Department of Law Enforcement under paragraph
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1 (d), employees and contracted personnel must electronically
2 file a complete set of fingerprints with the Department of Law
3 Enforcement. Upon submission of fingerprints for this purpose,
4 the private school shall request that the Department of Law
5 Enforcement forward the fingerprints to the Federal Bureau of
6 Investigation for national processing, and the fingerprints
7 shall be retained by the Department of Law Enforcement under
8 paragraph (d).
9
10 The inability of a private school to meet the requirements of
11 this section constitutes a basis for the ineligibility of the
12 private school to participate in the program as determined by
13 the department.
14 (9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
15 PARTICIPATION.--A parent who applies for his or her child to
16 participate in the program is exercising his or her parental
17 option to place his or her child in a private school or
18 receive home instruction. The parent of a student who
19 participates in the program may provide for his or her child
20 to receive instruction at home. As an alternative, the parent
21 may place his or her child in an eligible private school to
22 receive instruction at the private school and instruction at
23 home.
24 (a) The parent must select an eligible private school
25 and apply for the admission of the student to receive
26 instruction at the private school and instruction at home or
27 for the coordination by the private school of instruction to
28 the student at home.
29 (b)1. The parent must have requested participation in
30 the program at least 60 days before the date of the first
31 payment.
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1 2. The parent must annually complete and submit to the
2 department a notarized compliance statement certifying
3 compliance with this section.
4 3. A parent who provides instruction at home under
5 this section must meet the notice requirements and maintain a
6 portfolio as provided for in s. 1002.41. The portfolio must be
7 annually reviewed by the eligible private school. The parent
8 must also provide for an annual academic evaluation by the
9 eligible private school or by one of the methods in s.
10 1002.41(1)(c).
11 (c) Any student participating in the program must
12 remain in attendance as provided for in the student's services
13 plan.
14 (d) Each parent and each student has an obligation to
15 the private school to comply with the private school's
16 published policies.
17 (e) If the parent requests that the student
18 participating in the program take all statewide assessments
19 required under s. 1008.22, the parent is responsible for
20 transporting the student to the assessment site designated by
21 the school district.
22 (f) Upon receipt of a warrant, the parent to whom the
23 warrant is made must restrictively endorse the warrant to the
24 private school for deposit into the account of the private
25 school. The parent may not designate any entity or individual
26 associated with the participating private school as the
27 parent's attorney in fact to endorse a warrant. A participant
28 who fails to comply with this paragraph forfeits eligibility
29 to participate in the program.
30 (10) FUNDING AND PAYMENT.--
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1 (a)1. The maximum funds granted under the program for
2 an eligible student with disabilities shall be the amount
3 received under s. 1002.39 for the 2005-2006 school year.
4 2. Payment shall be made from funds provided in the
5 General Appropriations Act.
6 3. Funds may be used for the following:
7 a. For the student to receive instruction at the
8 eligible private school and instruction at home by the parent
9 or by an individual employed or under contract with the
10 private school;
11 b. For the student to receive instruction at home by
12 the parent or by an individual employed or under contract with
13 the eligible private school; and
14 c. For the private school to coordinate the
15 instruction of the student at home.
16 4. A parent must, in consultation with an eligible
17 private school, develop, review, and revise a quarterly
18 student services plan to ensure the continuity of instruction
19 to the student. The plan must include, but is not limited to,
20 the site for instruction, the specific instruction and
21 services to be provided by the parent at home and by the
22 private school and the number of hours of instruction to be
23 provided by the parent at home and by the private school.
24 a. Payment for home instruction shall be made to the
25 private school. The private school is responsible for
26 reimbursing the parent who provides instruction to the student
27 at home, as specified in the student's services plan.
28 b. Before each payment, a parent must provide the
29 private school with documentation of the student's
30 participation in home instruction.
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1 (b) The amount of any assessment fee required by the
2 participating private school may be paid from the total amount
3 of the student's payment under the program.
4 (c) When a student enters the program, the department
5 must receive all documentation required for the student's
6 participation, including the private school's and student's
7 fee schedules, the student services plan, and evidence of the
8 student's attendance, at least 30 days before the first
9 quarterly payment is made for the student.
10 (d) Upon notification by the department that it has
11 received the documentation required under paragraph (d), the
12 Chief Financial Officer shall make payments in four equal
13 amounts no later than September 1, November 1, February 1, and
14 April 1 of each academic year in which the student
15 participates in the program. The initial payment shall be made
16 after the department verifies that the student has been
17 accepted by the private school, and subsequent payments shall
18 be made upon verification of continued enrollment and
19 attendance at the private school and at home. Payment must be
20 by individual warrant made payable to the student's parent and
21 mailed by the department to the private school of the parent's
22 choice, and the parent shall restrictively endorse the warrant
23 to the private school for deposit into the account of the
24 private school.
25 (e) Subsequent to each payment, the department shall
26 request from the Department of Financial Services a sample of
27 endorsed warrants to review and confirm compliance with
28 endorsement requirements.
29 (11) LIABILITY.--The state is not liable in any action
30 that is based on the award or use of funds for a student to
31 participate in the program.
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1 (12) SCOPE OF AUTHORITY.--The inclusion of eligible
2 private schools within options available to Florida public
3 school students does not expand the regulatory authority of
4 the state, its officers, or any school district to impose any
5 additional regulation of private schools beyond those
6 reasonably necessary to enforce requirements expressly set
7 forth in this section.
8 (13) RULES.--The State Board of Education shall adopt
9 rules pursuant to ss. 120.536(1) and 120.54 to administer this
10 section.
11 Section 2. This act shall take effect upon becoming a
12 law.
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15 SENATE SUMMARY
16 Creates the Transition Program to provide continuity in
the education of students with disabilities who formerly
17 received scholarships under the John M. McKay
Scholarships for Students with Disabilities Program.
18 Provides eligibility criteria for students and private
schools to participate in the program. Provides duties of
19 the school districts and the Department of Education with
respect to determining the eligibility of students and
20 private schools. Requires the Commissioner of Education
to deny, suspend, or revoke a private school's
21 eligibility to participate in the program under certain
circumstances. Requires that employees and personnel
22 having direct contact with students undergo background
checks. Provides requirements for a parent whose child
23 participates in the program. Requires that the State
Board of Education adopt rules to administer the program.
24 (See bill for details.)
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