Florida Senate - 2022                                     SB 532
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-00048B-22                                           2022532__
    1                        A bill to be entitled                      
    2         An act relating to private schools; amending s.
    3         1002.421, F.S.; revising requirements that private
    4         schools participating in certain educational
    5         scholarship programs must meet; amending s. 1002.394,
    6         F.S.; conforming a cross-reference; revising school
    7         district obligations under the Family Empowerment
    8         Scholarship Program; revising Department of Education
    9         obligations; revising private school eligibility and
   10         obligations; revising parent and student
   11         responsibilities; conforming provisions to changes
   12         made by the act; amending s. 1002.395, F.S.;
   13         conforming cross-references; revising parent and
   14         student responsibilities for participating in the
   15         Florida Tax Credit Scholarship Program; revising
   16         private school eligibility and obligations; revising
   17         department obligations; conforming provisions to
   18         changes made by the act; amending s. 1002.40, F.S.;
   19         revising school district obligations under the Hope
   20         Scholarship Program; revising private school
   21         eligibility and obligations; revising department
   22         obligations; revising parent and student
   23         responsibilities; conforming provisions to changes
   24         made by the act; amending s. 1008.34, F.S.; requiring
   25         certain private schools to be graded according to
   26         specified rules; requiring certain private schools to
   27         assess at least 95 percent of eligible students;
   28         deleting obsolete language; requiring the department
   29         to annually develop, in collaboration with certain
   30         private schools, a school report card that certain
   31         private schools provide to parents; amending s.
   32         1013.37, F.S.; requiring private schools to comply
   33         with the State Requirements for Educational Facilities
   34         of the Florida Building Code; providing for injunctive
   35         relief under certain circumstances; authorizing
   36         attorney fees and costs; providing an effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Subsection (1), paragraph (a) of subsection (2),
   41  and paragraph (b) of subsection (3) of section 1002.421, Florida
   42  Statutes, are amended to read:
   43         1002.421 State school choice scholarship program
   44  accountability and oversight.—
   45         (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
   46  school participating in an educational scholarship program
   47  established pursuant to this chapter must be a private school as
   48  defined in s. 1002.01(2) in this state, be registered, and be in
   49  compliance with all requirements of this section in addition to
   50  private school requirements outlined in s. 1002.42, specific
   51  requirements identified within respective scholarship program
   52  laws, and other provisions of Florida law that apply to private
   53  schools, and must:
   54         (a) Comply with the antidiscrimination provisions of 42
   55  U.S.C. s. 2000d.
   56         (b) Notify the department of its intent to participate in a
   57  scholarship program.
   58         (c) Notify the department of any change in the school’s
   59  name, school director, mailing address, or physical location
   60  within 15 days after the change.
   61         (d) Provide to the department or scholarship-funding
   62  organization all documentation required for a student’s
   63  participation, including the private school’s and student’s
   64  individual fee schedule, and attendance verification as required
   65  by the department or scholarship-funding organization, prior to
   66  scholarship payment.
   67         (e) Annually submit all of the following information to the
   68  department:
   69         1.The number of and the graduation rate for scholarship
   70  students.
   71         2.Scholarship students’ results on statewide, standardized
   72  assessments.
   73         3.The school’s annual budget.
   74         (f) Annually complete and submit to the department a
   75  notarized scholarship compliance statement certifying that all
   76  school employees and contracted personnel with direct student
   77  contact have undergone background screening pursuant to s.
   78  943.0542 and have met the screening standards as provided in s.
   79  435.04.
   80         (g)(f) Demonstrate fiscal soundness and accountability by:
   81         1. Being in operation for at least 3 school years or
   82  obtaining a surety bond or letter of credit for the amount equal
   83  to the scholarship funds for any quarter and filing the surety
   84  bond or letter of credit with the department.
   85         2. Requiring the parent of each scholarship student to
   86  personally restrictively endorse the scholarship warrant to the
   87  school or to approve a funds transfer before any funds are
   88  deposited for a student. The school may not act as attorney in
   89  fact for the parent of a scholarship student under the authority
   90  of a power of attorney executed by such parent, or under any
   91  other authority, to endorse a scholarship warrant or approve a
   92  funds transfer on behalf of such parent.
   93         (h)(g) Meet applicable state and local health, safety, and
   94  welfare laws, codes, and rules, including:
   95         1. Firesafety.
   96         2. Building safety.
   97         (i)(h) Employ or contract with teachers who hold
   98  baccalaureate or higher degrees, have at least 3 years of
   99  teaching experience in public or private schools, or have
  100  special skills, knowledge, or expertise that qualifies them to
  101  provide instruction in subjects taught.
  102         (j)(i) Maintain a physical location in this the state at
  103  which each student has regular and direct contact with teachers.
  104         (k)(j) Publish on the school’s website, or provide in a
  105  written format, information for parents regarding the school,
  106  including, but not limited to, programs, services, and the
  107  qualifications of classroom teachers.
  108         (l)Provide at least 100 minutes of supervised, safe, and
  109  unstructured free-play recess each week, when possible, for
  110  students in kindergarten through grade 5 so that there are at
  111  least 20 consecutive minutes of free-play recess per day.
  112         (m)Require scholarship students to participate in the
  113  student assessment program created under s. 1008.22. Students
  114  with disabilities for whom the physician or psychologist who
  115  issued the diagnosis or the individual education plan team
  116  determines that standardized testing is not appropriate are
  117  exempt from this requirement.
  118         (n)Establish a curriculum that meets the standards set
  119  forth in s. 1003.41.
  120         (o)(k) At a minimum, provide the parent of each scholarship
  121  student with a written explanation of the student’s progress on
  122  a quarterly basis.
  123         (p)(l) Cooperate with the parent of a student who is
  124  required whose parent chooses to participate in the statewide
  125  assessments pursuant to s. 1008.22.
  126         (q)(m) Require each employee and contracted personnel with
  127  direct student contact, upon employment or engagement to provide
  128  services, to undergo a state and national background screening,
  129  pursuant to s. 943.0542, by electronically filing with the
  130  Department of Law Enforcement a complete set of fingerprints
  131  taken by an authorized law enforcement agency or an employee of
  132  the private school, a school district, or a private company who
  133  is trained to take fingerprints and deny employment to or
  134  terminate an employee if he or she fails to meet the screening
  135  standards under s. 435.04. Results of the screening shall be
  136  provided to the participating private school. For purposes of
  137  this paragraph:
  138         1. An “employee or contracted personnel with direct student
  139  contact” means any employee or contracted personnel who has
  140  unsupervised access to a scholarship student for whom the
  141  private school is responsible.
  142         2. The costs of fingerprinting and the background check may
  143  shall not be borne by the state.
  144         3. Continued employment of an employee or contracted
  145  personnel after notification that he or she has failed the
  146  background screening under this paragraph shall cause a private
  147  school to be ineligible for participation in a scholarship
  148  program.
  149         4. An employee or contracted personnel holding a valid
  150  Florida teaching certificate who has been fingerprinted pursuant
  151  to s. 1012.32 is not required to comply with the provisions of
  152  this paragraph.
  153         5. All fingerprints submitted to the Department of Law
  154  Enforcement as required by this section shall be retained by the
  155  Department of Law Enforcement in a manner provided by rule and
  156  entered in the statewide automated biometric identification
  157  system authorized by s. 943.05(2)(b). Such fingerprints shall
  158  thereafter be available for all purposes and uses authorized for
  159  arrest fingerprints entered in the statewide automated biometric
  160  identification system pursuant to s. 943.051.
  161         6. The Department of Law Enforcement shall search all
  162  arrest fingerprints received under s. 943.051 against the
  163  fingerprints retained in the statewide automated biometric
  164  identification system under subparagraph 5. Any arrest record
  165  that is identified with the retained fingerprints of a person
  166  subject to the background screening under this section shall be
  167  reported to the employing school with which the person is
  168  affiliated. Each private school participating in a scholarship
  169  program is required to participate in this search process by
  170  informing the Department of Law Enforcement of any change in the
  171  employment or contractual status of its personnel whose
  172  fingerprints are retained under subparagraph 5. The Department
  173  of Law Enforcement shall adopt a rule setting the amount of the
  174  annual fee to be imposed upon each private school for performing
  175  these searches and establishing the procedures for the retention
  176  of private school employee and contracted personnel fingerprints
  177  and the dissemination of search results. The fee may be borne by
  178  the private school or the person fingerprinted.
  179         7. Employees and contracted personnel whose fingerprints
  180  are not retained by the Department of Law Enforcement under
  181  subparagraphs 5. and 6. are required to be refingerprinted and
  182  must meet state and national background screening requirements
  183  upon reemployment or reengagement to provide services in order
  184  to comply with the requirements of this section.
  185         8. Every 5 years following employment or engagement to
  186  provide services with a private school, employees or contracted
  187  personnel required to be screened under this section must meet
  188  screening standards under s. 435.04, at which time the private
  189  school shall request the Department of Law Enforcement to
  190  forward the fingerprints to the Federal Bureau of Investigation
  191  for national processing. If the fingerprints of employees or
  192  contracted personnel are not retained by the Department of Law
  193  Enforcement under subparagraph 5., employees and contracted
  194  personnel must electronically file a complete set of
  195  fingerprints with the Department of Law Enforcement. Upon
  196  submission of fingerprints for this purpose, the private school
  197  shall request that the Department of Law Enforcement forward the
  198  fingerprints to the Federal Bureau of Investigation for national
  199  processing, and the fingerprints shall be retained by the
  200  Department of Law Enforcement under subparagraph 5.
  201         (r)(n) Adopt policies establishing standards of ethical
  202  conduct for educational support employees, instructional
  203  personnel, and school administrators. The policies must require
  204  all educational support employees, instructional personnel, and
  205  school administrators, as defined in s. 1012.01, to complete
  206  training on the standards; establish the duty of educational
  207  support employees, instructional personnel, and school
  208  administrators to report, and procedures for reporting, alleged
  209  misconduct by other educational support employees, instructional
  210  personnel, and school administrators which affects the health,
  211  safety, or welfare of a student; and include an explanation of
  212  the liability protections provided under ss. 39.203 and 768.095.
  213  A private school, or any of its employees, may not enter into a
  214  confidentiality agreement regarding terminated or dismissed
  215  educational support employees, instructional personnel, or
  216  school administrators, or employees, personnel, or
  217  administrators who resign in lieu of termination, based in whole
  218  or in part on misconduct that affects the health, safety, or
  219  welfare of a student, and may not provide the employees,
  220  personnel, or administrators with employment references or
  221  discuss the employees’, personnel’s, or administrators’
  222  performance with prospective employers in another educational
  223  setting, without disclosing the employees’, personnel’s, or
  224  administrators’ misconduct. Any part of an agreement or contract
  225  that has the purpose or effect of concealing misconduct by
  226  educational support employees, instructional personnel, or
  227  school administrators which affects the health, safety, or
  228  welfare of a student is void, is contrary to public policy, and
  229  may not be enforced.
  230         (s)(o) Before employing a person in any position that
  231  requires direct contact with students, conduct employment
  232  history checks of previous employers, screen the person through
  233  use of the screening tools described in s. 1001.10(5), and
  234  document the findings. If unable to contact a previous employer,
  235  the private school must document efforts to contact the
  236  employer. The private school may not employ a person whose
  237  educator certificate is revoked, who is barred from reapplying
  238  for an educator certificate, or who is on the disqualification
  239  list maintained by the department pursuant to s. 1001.10(4)(b).
  240         (t)(p) Require each owner or operator of the private
  241  school, prior to employment or engagement to provide services,
  242  to undergo level 2 background screening as provided under
  243  chapter 435. For purposes of this paragraph, the term “owner or
  244  operator” means an owner, operator, superintendent, or principal
  245  of, or a person with equivalent decisionmaking authority over, a
  246  private school participating in a scholarship program
  247  established pursuant to this chapter. The fingerprints for the
  248  background screening must be electronically submitted to the
  249  Department of Law Enforcement and may be taken by an authorized
  250  law enforcement agency or a private company who is trained to
  251  take fingerprints. However, the complete set of fingerprints of
  252  an owner or operator may not be taken by the owner or operator.
  253  The owner or operator shall provide a copy of the results of the
  254  state and national criminal history check to the Department of
  255  Education. The cost of the background screening may be borne by
  256  the owner or operator.
  257         1. Every 5 years following employment or engagement to
  258  provide services, each owner or operator must meet level 2
  259  screening standards as described in s. 435.04, at which time the
  260  owner or operator shall request the Department of Law
  261  Enforcement to forward the fingerprints to the Federal Bureau of
  262  Investigation for level 2 screening. If the fingerprints of an
  263  owner or operator are not retained by the Department of Law
  264  Enforcement under subparagraph 2., the owner or operator must
  265  electronically file a complete set of fingerprints with the
  266  Department of Law Enforcement. Upon submission of fingerprints
  267  for this purpose, the owner or operator shall request that the
  268  Department of Law Enforcement forward the fingerprints to the
  269  Federal Bureau of Investigation for level 2 screening, and the
  270  fingerprints shall be retained by the Department of Law
  271  Enforcement under subparagraph 2.
  272         2. Fingerprints submitted to the Department of Law
  273  Enforcement as required by this paragraph must be retained by
  274  the Department of Law Enforcement in a manner approved by rule
  275  and entered in the statewide automated biometric identification
  276  system authorized by s. 943.05(2)(b). The fingerprints must
  277  thereafter be available for all purposes and uses authorized for
  278  arrest fingerprints entered in the statewide automated biometric
  279  identification system pursuant to s. 943.051.
  280         3. The Department of Law Enforcement shall search all
  281  arrest fingerprints received under s. 943.051 against the
  282  fingerprints retained in the statewide automated biometric
  283  identification system under subparagraph 2. Any arrest record
  284  that is identified with an owner’s or operator’s fingerprints
  285  must be reported to the owner or operator, who must report to
  286  the Department of Education. Any costs associated with the
  287  search shall be borne by the owner or operator.
  288         4. An owner or operator who fails the level 2 background
  289  screening is not eligible to participate in a scholarship
  290  program under this chapter.
  291         5. In addition to the offenses listed in s. 435.04, a
  292  person required to undergo background screening pursuant to this
  293  part or authorizing statutes may not have an arrest awaiting
  294  final disposition for, must not have been found guilty of, or
  295  entered a plea of nolo contendere to, regardless of
  296  adjudication, and must not have been adjudicated delinquent for,
  297  and the record must not have been sealed or expunged for, any of
  298  the following offenses or any similar offense of another
  299  jurisdiction:
  300         a. Any authorizing statutes, if the offense was a felony.
  301         b. This chapter, if the offense was a felony.
  302         c. Section 409.920, relating to Medicaid provider fraud.
  303         d. Section 409.9201, relating to Medicaid fraud.
  304         e. Section 741.28, relating to domestic violence.
  305         f. Section 817.034, relating to fraudulent acts through
  306  mail, wire, radio, electromagnetic, photoelectronic, or
  307  photooptical systems.
  308         g. Section 817.234, relating to false and fraudulent
  309  insurance claims.
  310         h. Section 817.505, relating to patient brokering.
  311         i. Section 817.568, relating to criminal use of personal
  312  identification information.
  313         j. Section 817.60, relating to obtaining a credit card
  314  through fraudulent means.
  315         k. Section 817.61, relating to fraudulent use of credit
  316  cards, if the offense was a felony.
  317         l. Section 831.01, relating to forgery.
  318         m. Section 831.02, relating to uttering forged instruments.
  319         n. Section 831.07, relating to forging bank bills, checks,
  320  drafts, or promissory notes.
  321         o. Section 831.09, relating to uttering forged bank bills,
  322  checks, drafts, or promissory notes.
  323         p. Section 831.30, relating to fraud in obtaining medicinal
  324  drugs.
  325         q. Section 831.31, relating to the sale, manufacture,
  326  delivery, or possession with the intent to sell, manufacture, or
  327  deliver any counterfeit controlled substance, if the offense was
  328  a felony.
  329         6. At least 30 calendar days before a transfer of ownership
  330  of a private school, the owner or operator shall notify the
  331  parent of each scholarship student.
  332         7. The owner or operator of a private school that has been
  333  deemed ineligible to participate in a scholarship program
  334  pursuant to this chapter may not transfer ownership or
  335  management authority of the school to a relative in order to
  336  participate in a scholarship program as the same school or a new
  337  school. For purposes of this subparagraph, the term “relative”
  338  means father, mother, son, daughter, grandfather, grandmother,
  339  brother, sister, uncle, aunt, cousin, nephew, niece, husband,
  340  wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
  341  brother-in-law, sister-in-law, stepfather, stepmother, stepson,
  342  stepdaughter, stepbrother, stepsister, half-brother, or half
  343  sister.
  344         (u)(q) Provide a report from an independent certified
  345  public accountant who performs the agreed-upon procedures
  346  developed pursuant to s. 1002.395(6)(o) if the private school
  347  receives more than $250,000 in funds from scholarships awarded
  348  under this chapter in a state fiscal year. A private school
  349  subject to this subsection must annually submit the report by
  350  September 15 to the scholarship-funding organization that
  351  awarded the majority of the school’s scholarship funds. However,
  352  a school that receives more than $250,000 in scholarship funds
  353  only through the John M. McKay Scholarship for Students with
  354  Disabilities Program pursuant to s. 1002.39 must submit the
  355  annual report by September 15 to the department. The agreed-upon
  356  procedures must be conducted in accordance with attestation
  357  standards established by the American Institute of Certified
  358  Public Accountants.
  359         (v)(r) Prohibit education support employees, instructional
  360  personnel, and school administrators from employment in any
  361  position that requires direct contact with students if the
  362  personnel or administrators are ineligible for such employment
  363  pursuant to this section or s. 1012.315, or have been terminated
  364  or have resigned in lieu of termination for sexual misconduct
  365  with a student. If the prohibited conduct occurs subsequent to
  366  employment, the private school must report the person and the
  367  disqualifying circumstances to the department for inclusion on
  368  the disqualification list maintained pursuant to s.
  369  1001.10(4)(b).
  370         (w)Comply with the requirements of s. 1008.34.
  371  
  372  The department shall suspend the payment of funds to a private
  373  school that knowingly fails to comply with this subsection, and
  374  shall prohibit the school from enrolling new scholarship
  375  students, for 1 fiscal year and until the school complies. If a
  376  private school fails to meet the requirements of this subsection
  377  or has consecutive years of material exceptions listed in the
  378  report required under paragraph (u) (q), the commissioner may
  379  determine that the private school is ineligible to participate
  380  in a scholarship program.
  381         (2) DEPARTMENT OF EDUCATION OBLIGATIONS.—
  382         (a) The Department of Education shall:
  383         1. Annually verify the eligibility of private schools that
  384  meet the requirements of this section, specific requirements
  385  identified within respective scholarship program laws, and other
  386  provisions of state law that apply to private schools.
  387         2. Establish a toll-free hotline that provides parents and
  388  private schools with information on participation in the
  389  scholarship programs.
  390         3. Establish a process by which individuals may notify the
  391  department of any violation by a parent, private school, or
  392  school district of state laws relating to program participation.
  393  If the department has reasonable cause to believe that a
  394  violation of this section or any rule adopted by the State Board
  395  of Education has occurred, it shall conduct an inquiry or make a
  396  referral to the appropriate agency for an investigation. A
  397  department inquiry is not subject to the requirements of chapter
  398  120.
  399         4. Require an annual, notarized, sworn compliance statement
  400  from participating private schools certifying compliance with
  401  state laws, and retain such records.
  402         5. Coordinate with the entities conducting the health
  403  inspection for a private school to obtain copies of the
  404  inspection reports.
  405         6. Conduct site visits to private schools entering a
  406  scholarship program for the first time. Beginning with the 2019
  407  2020 school year, a private school is not eligible to receive
  408  scholarship payments until a satisfactory site visit has been
  409  conducted and the school is in compliance with all other
  410  requirements of this section.
  411         7. Coordinate with the State Fire Marshal to obtain access
  412  to fire inspection reports for private schools. The authority
  413  conducting the fire safety inspection shall certify to the State
  414  Fire Marshal that the annual inspection has been completed and
  415  that the school is in full compliance. The certification shall
  416  be made electronically or by such other means as directed by the
  417  State Fire Marshal.
  418         8. Upon the request of a participating private school
  419  authorized to administer statewide assessments, provide at no
  420  cost to the school the statewide assessments administered under
  421  s. 1008.22 and any related materials for administering the
  422  assessments. Students at a private school may be assessed using
  423  the statewide assessments if the addition of those students and
  424  the school does not cause the state to exceed its contractual
  425  caps for the number of students tested and the number of testing
  426  sites. The state shall provide the same materials and support to
  427  a private school that it provides to a public school. A private
  428  school that chooses to administer statewide assessments under s.
  429  1008.22 shall follow the requirements set forth in ss. 1008.22
  430  and 1008.24, rules adopted by the State Board of Education to
  431  implement those sections, and district-level testing policies
  432  established by the district school board.
  433         (3) COMMISSIONER OF EDUCATION AUTHORITY AND OBLIGATIONS.
  434  The Commissioner of Education:
  435         (b) May deny, suspend, or revoke a private school’s
  436  participation in a scholarship program if the commissioner
  437  determines that an owner or operator of the private school is
  438  operating or has operated an educational institution in this
  439  state or in another state or jurisdiction in a manner contrary
  440  to the health, safety, or welfare of the public or if the owner
  441  or operator has exhibited a previous pattern of failure to
  442  comply with this section or specific requirements identified
  443  within respective scholarship program laws. For purposes of this
  444  subsection, the term “owner or operator” has the same meaning as
  445  provided in paragraph (1)(t) (1)(p).
  446         Section 2. Subsection (6), paragraph (d) of subsection (7),
  447  paragraph (a) of subsection (8), paragraph (c) of subsection
  448  (9), and paragraphs (a) and (b) of subsection (10) of section
  449  1002.394, Florida Statutes, are amended to read:
  450         1002.394 The Family Empowerment Scholarship Program.—
  451         (6) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
  452  a Family Empowerment Scholarship while he or she is:
  453         (a) Enrolled in a public school, including, but not limited
  454  to, the Florida School for the Deaf and the Blind, the College
  455  Preparatory Boarding Academy, a developmental research school
  456  authorized under s. 1002.32, or a charter school authorized
  457  under this chapter. For purposes of this paragraph, a 3- or 4
  458  year-old child who receives services funded through the Florida
  459  Education Finance Program is considered to be a student enrolled
  460  in a public school;
  461         (b) Enrolled in a school operating for the purpose of
  462  providing educational services to youth in a Department of
  463  Juvenile Justice commitment program;
  464         (c) Receiving any other educational scholarship pursuant to
  465  this chapter;
  466         (d) Not having regular and direct contact with his or her
  467  private school teachers pursuant to s. 1002.421(1)(j) s.
  468  1002.421(1)(i), unless he or she is eligible pursuant to
  469  paragraph (3)(b) and enrolled in the private school’s
  470  transition-to-work program pursuant to subsection (16) or a home
  471  education program pursuant to s. 1002.41;
  472         (e) Participating in a private tutoring program pursuant to
  473  s. 1002.43 unless he or she is determined eligible pursuant to
  474  paragraph (3)(b); or
  475         (f) Participating in virtual instruction pursuant to s.
  476  1002.455.
  477         (7) SCHOOL DISTRICT OBLIGATIONS.—
  478         (d) The school district in which a participating student
  479  resides must notify the student and his or her parent about the
  480  locations and times to take all statewide assessments under s.
  481  1008.22 if the student is required chooses to participate in
  482  such assessments. Upon the request of the department, a school
  483  district shall coordinate with the department to provide to a
  484  participating private school the statewide assessments
  485  administered under s. 1008.22 and any related materials for
  486  administering the assessments. For a student who participates in
  487  the Family Empowerment Scholarship Program whose parent requests
  488  that the student take the statewide assessments under s.
  489  1008.22, The school district in which the student attends a
  490  private school and is required to participate in statewide
  491  assessments shall provide locations and times to take all
  492  statewide assessments. A school district is responsible for
  493  implementing test administrations at a participating private
  494  school, including the:
  495         1. Provision of training for private school staff on test
  496  security and assessment administration procedures;
  497         2. Distribution of testing materials to a private school;
  498         3. Retrieval of testing materials from a private school;
  499         4. Provision of the required format for a private school to
  500  submit information to the district for test administration and
  501  enrollment purposes; and
  502         5. Provision of any required assistance, monitoring, or
  503  investigation at a private school.
  504         (8) DEPARTMENT OF EDUCATION OBLIGATIONS.—
  505         (a) The department shall:
  506         1. Publish and update, as necessary, information on the
  507  department website about the Family Empowerment Scholarship
  508  Program, including, but not limited to, student eligibility
  509  criteria, parental responsibilities, and relevant data.
  510         2. Cross-check before each distribution of funds the list
  511  of participating scholarship students with the public school
  512  enrollment lists before each scholarship payment to avoid
  513  duplication.
  514         3. Maintain and publish a list of nationally norm
  515  referenced tests identified for purposes of satisfying the
  516  testing requirement in subparagraph (9)(c)1. The tests must meet
  517  industry standards of quality in accordance with state board
  518  rule.
  519         4. Notify eligible nonprofit scholarship-funding
  520  organizations of the deadlines for submitting the verified list
  521  of students determined to be eligible for a scholarship.
  522         4.5. Notify each school district of a parent’s
  523  participation in the scholarship program for purposes of
  524  paragraph (7)(f).
  525         5.6. Deny or terminate program participation upon a
  526  parent’s failure to comply with subsection (10).
  527         6.7. Notify the parent and the organization when a
  528  scholarship account is closed and program funds revert to the
  529  state.
  530         7.8. Notify an eligible nonprofit scholarship-funding
  531  organization of any of the organization’s or other
  532  organization’s identified students who are receiving
  533  scholarships under this chapter.
  534         8.9. Maintain on its website a list of approved providers
  535  as required by s. 1002.66, eligible postsecondary educational
  536  institutions, eligible private schools, and eligible
  537  organizations and may identify or provide links to lists of
  538  other approved providers.
  539         9.10. Require each organization to verify eligible
  540  expenditures before the distribution of funds for any
  541  expenditures made pursuant to subparagraphs (4)(b)1. and 2.
  542  Review of expenditures made for services specified in
  543  subparagraphs (4)(b)3.-15. may be completed after the purchase
  544  is made.
  545         10.11. Investigate any written complaint of a violation of
  546  this section by a parent, a student, a private school, a public
  547  school, a school district, an organization, a provider, or
  548  another appropriate party in accordance with the process
  549  established under s. 1002.421.
  550         11.12. Require quarterly reports by an organization, which
  551  must include, at a minimum, the number of students participating
  552  in the program; the demographics of program participants; the
  553  disability category of program participants; the matrix level of
  554  services, if known; the program award amount per student; the
  555  total expenditures for the purposes specified in paragraph
  556  (4)(b); the types of providers of services to students; and any
  557  other information deemed necessary by the department.
  558         12.13. Notify eligible nonprofit scholarship funding
  559  organizations that scholarships may not be awarded in a school
  560  district in which the award will exceed 99 percent of the school
  561  district’s share of state funding through the Florida Education
  562  Finance Program as calculated by the department.
  563         (9) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
  564  eligible to participate in the Family Empowerment Scholarship
  565  Program, a private school may be sectarian or nonsectarian and
  566  must:
  567         (c)1. Require students Annually administer or make
  568  provision for students participating in the program in grades 3
  569  through 10 to take one of the nationally norm-referenced tests
  570  that are identified by the department pursuant to paragraph
  571  (8)(a) or to take the statewide assessments under pursuant to s.
  572  1008.22. Students with disabilities for whom the physician or
  573  psychologist who issued the diagnosis or the IEP team determines
  574  that standardized testing is not appropriate are exempt from
  575  this requirement. A participating private school shall report a
  576  student’s scores to his or her parent. By August 15 of each
  577  year, a participating private school must report the scores of
  578  all participating students to a state university as described in
  579  s. 1002.395(9)(f).
  580         2. Administer the statewide assessments pursuant to s.
  581  1008.22 if the private school chooses to offer the statewide
  582  assessments. A participating private school may choose to offer
  583  and administer the statewide assessments to all students who
  584  attend the private school in grades 3 through 10 and must submit
  585  a request in writing to the department by March 1 of each year
  586  in order to administer the statewide assessments in the
  587  subsequent school year.
  588  
  589  If a private school fails to meet the requirements of this
  590  subsection or s. 1002.421, the commissioner may determine that
  591  the private school is ineligible to participate in the
  592  scholarship program.
  593         (10) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
  594  PARTICIPATION.—
  595         (a) A parent who applies for program participation under
  596  paragraph (3)(a) is exercising his or her parental option to
  597  place his or her child in a private school and must:
  598         1. Select the private school and apply for the admission of
  599  his or her student.
  600         2. Request the scholarship by a date established by the
  601  organization, in a manner that creates a written or electronic
  602  record of the request and the date of receipt of the request.
  603         3. Inform the applicable school district when the parent
  604  withdraws his or her student from a public school to attend an
  605  eligible private school.
  606         4. Require his or her student participating in the program
  607  to remain in attendance throughout the school year unless
  608  excused by the school for illness or other good cause.
  609         5. Meet with the private school’s principal or the
  610  principal’s designee to review the school’s academic programs
  611  and policies, customized educational programs, code of student
  612  conduct, and attendance policies prior to enrollment.
  613         6. Require that the student participating in the
  614  scholarship program takes the norm-referenced assessment offered
  615  by the private school. The parent may also choose to have the
  616  student participate in the statewide assessments pursuant to
  617  paragraph (9)(c) (7)(d). If the parent requests that the student
  618  participating in the program take all statewide assessments
  619  required pursuant to s. 1008.22, The parent is responsible for
  620  transporting the student to the assessment site designated by
  621  the school district.
  622         7. Restrictively endorse the warrant, issued in the name of
  623  the parent pursuant to subparagraph (12)(a)6., to the private
  624  school for deposit into the private school’s account. The parent
  625  may not designate any entity or individual associated with the
  626  participating private school as the parent’s attorney in fact to
  627  endorse a scholarship warrant.
  628         (b) A parent who applies for program participation under
  629  paragraph (3)(b) is exercising his or her parental option to
  630  determine the appropriate placement or the services that best
  631  meet the needs of his or her child and must:
  632         1. Apply to an eligible nonprofit scholarship-funding
  633  organization to participate in the program by a date set by the
  634  organization. The request must be communicated directly to the
  635  organization in a manner that creates a written or electronic
  636  record of the request and the date of receipt of the request.
  637         2. Sign an agreement with the organization and annually
  638  submit a sworn compliance statement to the organization to
  639  satisfy or maintain program eligibility, including eligibility
  640  to receive and spend program payments by:
  641         a. Affirming that the student is enrolled in a program that
  642  meets regular school attendance requirements as provided in s.
  643  1003.01(13)(b), (c), or (d).
  644         b. Affirming that the program funds are used only for
  645  authorized purposes serving the student’s educational needs, as
  646  described in paragraph (4)(b); that any prepaid college plan or
  647  college savings plan funds contributed pursuant to subparagraph
  648  (4)(b)6. will not be transferred to another beneficiary while
  649  the plan contains funds contributed pursuant to this section;
  650  and that they will not receive a payment, refund, or rebate of
  651  any funds provided under this section.
  652         c. Affirming that the parent is responsible for all
  653  eligible expenses in excess of the amount of the scholarship and
  654  for the education of his or her student by, as applicable:
  655         (I) Requiring the student to participate in the statewide
  656  assessments take an assessment in accordance with paragraph
  657  (9)(c);
  658         (II) Providing an annual evaluation in accordance with s.
  659  1002.41(1)(f); or
  660         (III) Requiring the child to take any preassessments and
  661  postassessments selected by the provider if the child is 4 years
  662  of age and is enrolled in a program provided by an eligible
  663  Voluntary Prekindergarten Education Program provider. A student
  664  with disabilities for whom the physician or psychologist who
  665  issued the diagnosis or the IEP team determines that a
  666  preassessment and postassessment is not appropriate is exempt
  667  from this requirement. A participating provider shall report a
  668  student’s scores to the parent.
  669         d. Affirming that the student remains in good standing with
  670  the provider or school if those options are selected by the
  671  parent.
  672         e. Enrolling his or her child in a program from a Voluntary
  673  Prekindergarten Education Program provider authorized under s.
  674  1002.55, a school readiness provider authorized under s.
  675  1002.88, or an eligible private school if either option is
  676  selected by the parent.
  677         f. Renewing participation in the program each year. A
  678  student whose participation in the program is not renewed may
  679  continue to spend scholarship funds that are in his or her
  680  account from prior years unless the account must be closed
  681  pursuant to subparagraph (5)(b)3. Notwithstanding any changes to
  682  the student’s IEP, a student who was previously eligible for
  683  participation in the program shall remain eligible to apply for
  684  renewal. However, for a high-risk child to continue to
  685  participate in the program in the school year after he or she
  686  reaches 6 years of age, the child’s application for renewal of
  687  program participation must contain documentation that the child
  688  has a disability defined in paragraph (2)(d) other than high
  689  risk status.
  690         g. Procuring the services necessary to educate the student.
  691  If a parent does not procure the necessary educational services
  692  for the student and the student’s account has been inactive for
  693  2 consecutive fiscal years, the student is ineligible for
  694  additional scholarship payments until the scholarship funding
  695  organization verifies that expenditures from the account have
  696  occurred. When the student receives a scholarship, the district
  697  school board is not obligated to provide the student with a free
  698  appropriate public education. For purposes of s. 1003.57 and the
  699  Individuals with Disabilities in Education Act, a participating
  700  student has only those rights that apply to all other
  701  unilaterally parentally placed students, except that, when
  702  requested by the parent, school district personnel must develop
  703  an IEP or matrix level of services.
  704         Section 3. Paragraphs (n) and (o) of subsection (6),
  705  paragraph (e) of subsection (7), paragraph (b) of subsection
  706  (8), and paragraphs (e) and (f) of subsection (9) of section
  707  1002.395, Florida Statutes, are amended to read:
  708         1002.395 Florida Tax Credit Scholarship Program.—
  709         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
  710  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
  711  organization:
  712         (n) Must prepare and submit quarterly reports to the
  713  Department of Education pursuant to paragraph (9)(h) (9)(i). In
  714  addition, an eligible nonprofit scholarship-funding organization
  715  must submit in a timely manner any information requested by the
  716  Department of Education relating to the scholarship program.
  717         (o)1.a. Must participate in the joint development of
  718  agreed-upon procedures during the 2009-2010 state fiscal year.
  719  The agreed-upon procedures must uniformly apply to all private
  720  schools and must determine, at a minimum, whether the private
  721  school has been verified as eligible by the Department of
  722  Education under s. 1002.421; has an adequate accounting system,
  723  system of financial controls, and process for deposit and
  724  classification of scholarship funds; and has properly expended
  725  scholarship funds for education-related expenses. During the
  726  development of the procedures, the participating scholarship
  727  funding organizations shall specify guidelines governing the
  728  materiality of exceptions that may be found during the
  729  accountant’s performance of the procedures. The procedures and
  730  guidelines shall be provided to private schools and the
  731  Commissioner of Education by March 15, 2011.
  732         b. Must participate in a joint review of the agreed-upon
  733  procedures and guidelines developed under sub-subparagraph a.,
  734  by February of each biennium, if the scholarship-funding
  735  organization provided more than $250,000 in scholarship funds to
  736  an eligible private school under this chapter during the state
  737  fiscal year preceding the biennial review. If the procedures and
  738  guidelines are revised, the revisions must be provided to
  739  private schools and the Commissioner of Education by March 15 of
  740  the year in which the revisions were completed. The revised
  741  agreed-upon procedures shall take effect the subsequent school
  742  year. For the 2018-2019 school year only, the joint review of
  743  the agreed-upon procedures must be completed and the revisions
  744  submitted to the commissioner no later than September 15, 2018.
  745  The revised procedures are applicable to the 2018-2019 school
  746  year.
  747         c. Must monitor the compliance of a private school with s.
  748  1002.421(1)(u) s. 1002.421(1)(q) if the scholarship-funding
  749  organization provided the majority of the scholarship funding to
  750  the school. For each private school subject to s. 1002.421(1)(u)
  751  s. 1002.421(1)(q), the appropriate scholarship-funding
  752  organization shall annually notify the Commissioner of Education
  753  by October 30 of:
  754         (I) A private school’s failure to submit a report required
  755  under s. 1002.421(1)(u) s. 1002.421(1)(q); or
  756         (II) Any material exceptions set forth in the report
  757  required under s. 1002.421(1)(u) s. 1002.421(1)(q).
  758         2. Must seek input from the accrediting associations that
  759  are members of the Florida Association of Academic Nonpublic
  760  Schools and the Department of Education when jointly developing
  761  the agreed-upon procedures and guidelines under sub-subparagraph
  762  1.a. and conducting a review of those procedures and guidelines
  763  under sub-subparagraph 1.b.
  764  
  765  Information and documentation provided to the Department of
  766  Education and the Auditor General relating to the identity of a
  767  taxpayer that provides an eligible contribution under this
  768  section shall remain confidential at all times in accordance
  769  with s. 213.053.
  770         (7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
  771  PARTICIPATION.—
  772         (e) The parent shall require ensure that the student
  773  participating in the scholarship program takes the norm
  774  referenced assessment offered by the private school. The parent
  775  may also choose to have the student participate in the statewide
  776  assessments pursuant to s. 1008.22. If the parent requests that
  777  the student participating in the scholarship program take
  778  statewide assessments pursuant to s. 1008.22 and the private
  779  school has not chosen to offer and administer the statewide
  780  assessments, the parent is responsible for transporting the
  781  student to the assessment site designated by the school
  782  district.
  783         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
  784  private school may be sectarian or nonsectarian and must:
  785         (b)1. Require students to participate in Annually
  786  administer or make provision for students participating in the
  787  scholarship program in grades 3 through 10 to take one of the
  788  nationally norm-referenced tests identified by the Department of
  789  Education or the statewide assessments pursuant to s. 1008.22.
  790  Students with disabilities for whom the physician or
  791  psychologist who issued the diagnosis or the individual
  792  education plan team determines that standardized testing is not
  793  appropriate are exempt from this requirement. A participating
  794  private school must report a student’s scores to the parent. A
  795  participating private school must annually report by August 15
  796  the scores of all participating students to a state university
  797  described in paragraph (9)(e) (9)(f).
  798         2. Administer the statewide assessments pursuant to s.
  799  1008.22 if a private school chooses to offer the statewide
  800  assessments. A participating private school may choose to offer
  801  and administer the statewide assessments to all students who
  802  attend the private school in grades 3 through 10 and must submit
  803  a request in writing to the Department of Education by March 1
  804  of each year in order to administer the statewide assessments in
  805  the subsequent school year.
  806  
  807  If a private school fails to meet the requirements of this
  808  subsection or s. 1002.421, the commissioner may determine that
  809  the private school is ineligible to participate in the
  810  scholarship program.
  811         (9) DEPARTMENT OF EDUCATION OBLIGATIONS.—The Department of
  812  Education shall:
  813         (e) Maintain a list of nationally norm-referenced tests
  814  identified for purposes of satisfying the testing requirement in
  815  subparagraph (8)(b)1. The tests must meet industry standards of
  816  quality in accordance with State Board of Education rule.
  817         (f) Issue a project grant award to a state university, to
  818  which participating private schools must report the scores of
  819  participating students on the nationally norm-referenced tests
  820  or the statewide assessments administered by the private school
  821  in grades 3 through 10. The project term is 2 years, and the
  822  amount of the project is up to $250,000 per year. The project
  823  grant award must be reissued in 2-year intervals in accordance
  824  with this paragraph.
  825         1. The state university must annually report to the
  826  Department of Education on the student performance of
  827  participating students:
  828         a. On a statewide basis. The report shall also include, to
  829  the extent possible, a comparison of scholarship students’
  830  performance to the statewide student performance of public
  831  school students with socioeconomic backgrounds similar to those
  832  of students participating in the scholarship program. To
  833  minimize costs and reduce time required for the state
  834  university’s analysis and evaluation, the Department of
  835  Education shall coordinate with the state university to provide
  836  data to the state university in order to conduct analyses of
  837  matched students from public school assessment data and
  838  calculate control group student performance using an agreed-upon
  839  methodology with the state university; and
  840         b. On an individual school basis. The annual report must
  841  include student performance for each participating private
  842  school in which at least 51 percent of the total enrolled
  843  students in the private school participated in the Florida Tax
  844  Credit Scholarship Program in the prior school year. The report
  845  shall be according to each participating private school, and for
  846  participating students, in which there are at least 30
  847  participating students who have scores for tests administered.
  848  If the state university determines that the 30-participating
  849  student cell size may be reduced without disclosing personally
  850  identifiable information, as described in 34 C.F.R. s. 99.12, of
  851  a participating student, the state university may reduce the
  852  participating-student cell size, but the cell size must not be
  853  reduced to less than 10 participating students. The department
  854  shall provide each private school’s prior school year’s student
  855  enrollment information to the state university no later than
  856  June 15 of each year, or as requested by the state university.
  857         2. The sharing and reporting of student performance data
  858  under this paragraph must be in accordance with requirements of
  859  ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, the Family
  860  Educational Rights and Privacy Act, and the applicable rules and
  861  regulations issued pursuant thereto, and shall be for the sole
  862  purpose of creating the annual report required by subparagraph
  863  1. All parties must preserve the confidentiality of such
  864  information as required by law. The annual report must not
  865  disaggregate data to a level that will identify individual
  866  participating schools, except as required under sub-subparagraph
  867  1.b., or disclose the academic level of individual students.
  868         3. The annual report required by subparagraph 1. shall be
  869  published by the Department of Education on its website.
  870         Section 4. Paragraph (b) of subsection (6), paragraph (b)
  871  of subsection (7), paragraph (b) of subsection (8), paragraph
  872  (f) of subsection (9), and paragraph (e) of subsection (10) of
  873  section 1002.40, Florida Statutes, are amended to read:
  874         1002.40 The Hope Scholarship Program.—
  875         (6) SCHOOL DISTRICT OBLIGATIONS; PARENTAL OPTIONS.—
  876         (b) For each student participating in the program in an
  877  eligible private school who chooses to participate in the
  878  statewide assessments under s. 1008.22 or the Florida Alternate
  879  Assessment, the school district in which the student resides
  880  must notify the student and his or her parent about the
  881  locations and times to take all statewide assessments.
  882         (7) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—An eligible
  883  private school may be sectarian or nonsectarian and shall:
  884         (b)1. Require students to participate in Annually
  885  administer or make provision for students participating in the
  886  program in grades 3 through 10 to take one of the nationally
  887  norm-referenced tests identified by the department or the
  888  statewide assessments pursuant to s. 1008.22. Students with
  889  disabilities for whom the physician or psychologist who issued
  890  the diagnosis or the individual education plan team determines
  891  that standardized testing is not appropriate are exempt from
  892  this requirement. A participating private school shall report a
  893  student’s scores to his or her parent.
  894         2. Administer the statewide assessments pursuant to s.
  895  1008.22 if a private school chooses to offer the statewide
  896  assessments. A participating private school may choose to offer
  897  and administer the statewide assessments to all students who
  898  attend the private school in grades 3 through 10 and must submit
  899  a request in writing to the department by March 1 of each year
  900  in order to administer the statewide assessments in the
  901  subsequent school year.
  902  
  903  If a private school fails to meet the requirements of this
  904  subsection or s. 1002.421, the commissioner may determine that
  905  the private school is ineligible to participate in the program.
  906         (8) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
  907  shall:
  908         (b) Maintain a list of nationally norm-referenced tests
  909  identified for purposes of satisfying the testing requirement in
  910  paragraph (9)(f). The tests must meet industry standards of
  911  quality in accordance with State Board of Education rule.
  912         (9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
  913  PARTICIPATION.—A parent who applies for a Hope scholarship is
  914  exercising his or her parental option to place his or her
  915  student in an eligible private school.
  916         (f) The parent must ensure that the student participating
  917  in the program participates takes the norm-referenced assessment
  918  offered by the private school. The parent may also choose to
  919  have the student participate in the statewide assessments
  920  pursuant to s. 1008.22. If the parent requests that the student
  921  take the statewide assessments pursuant to s. 1008.22 and the
  922  private school has not chosen to offer and administer the
  923  statewide assessments, the parent is responsible for
  924  transporting the student to the assessment site designated by
  925  the school district.
  926         (10) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
  927  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
  928  organization may establish scholarships for eligible students
  929  by:
  930         (e) Preparing and submitting quarterly reports to the
  931  department pursuant to paragraph (8)(b) (8)(c). In addition, an
  932  eligible nonprofit scholarship-funding organization must submit
  933  in a timely manner any information requested by the department
  934  relating to the program.
  935         Section 5. Subsection (2), paragraphs (a) and (b) of
  936  subsection (3), and subsection (4) of section 1008.34, Florida
  937  Statutes, are amended to read:
  938         1008.34 School grading system; school report cards;
  939  district grade.—
  940         (2) SCHOOL GRADES.—Schools, including private schools that
  941  accept scholarship students who participate in a state
  942  scholarship program under chapter 1002, shall be graded using
  943  one of the following grades, defined according to rules of the
  944  State Board of Education:
  945         (a) “A,” schools making excellent progress.
  946         (b) “B,” schools making above average progress.
  947         (c) “C,” schools making satisfactory progress.
  948         (d) “D,” schools making less than satisfactory progress.
  949         (e) “F,” schools failing to make adequate progress.
  950  
  951  Each school, other than a private school, which that earns a
  952  grade of “A” or improves at least two letter grades may have
  953  greater authority over the allocation of the school’s total
  954  budget generated from the FEFP, state categoricals, lottery
  955  funds, grants, and local funds.
  956         (3) DESIGNATION OF SCHOOL GRADES.—
  957         (a) Each school, including private schools that accept
  958  scholarship students who participate in a state scholarship
  959  program under chapter 1002, must assess at least 95 percent of
  960  its eligible students, except as provided under s. 1008.341 for
  961  alternative schools. Each school shall receive a school grade
  962  based on the school’s performance on the components listed in
  963  subparagraphs (b)1. and 2. If a school does not have at least 10
  964  students with complete data for one or more of the components
  965  listed in subparagraphs (b)1. and 2., those components may not
  966  be used in calculating the school’s grade.
  967         1. An alternative school may choose to receive a school
  968  grade under this section or a school improvement rating under s.
  969  1008.341. For charter schools that meet the definition of an
  970  alternative school pursuant to State Board of Education rule,
  971  the decision to receive a school grade is the decision of the
  972  charter school governing board.
  973         2. A school that serves any combination of students in
  974  kindergarten through grade 3 that does not receive a school
  975  grade because its students are not tested and included in the
  976  school grading system shall receive the school grade designation
  977  of a K-3 feeder pattern school identified by the Department of
  978  Education and verified by the school district. A school feeder
  979  pattern exists if a majority of the students in the school
  980  serving a combination of students in kindergarten through grade
  981  3 are scheduled to be assigned to the graded school.
  982         3. If a collocated school does not earn a school grade or
  983  school improvement rating for the performance of its students,
  984  the student performance data of all schools operating at the
  985  same facility must be aggregated to develop a school grade that
  986  will be assigned to all schools at that location. A collocated
  987  school is a school that has its own unique master school
  988  identification number, provides for the education of each of its
  989  enrolled students, and operates at the same facility as another
  990  school that has its own unique master school identification
  991  number and provides for the education of each of its enrolled
  992  students.
  993         (b)1. Beginning with the 2014-2015 school year, A school’s
  994  grade shall be based on the following components, each worth 100
  995  points:
  996         a. The percentage of eligible students passing statewide,
  997  standardized assessments in English Language Arts under s.
  998  1008.22(3).
  999         b. The percentage of eligible students passing statewide,
 1000  standardized assessments in mathematics under s. 1008.22(3).
 1001         c. The percentage of eligible students passing statewide,
 1002  standardized assessments in science under s. 1008.22(3).
 1003         d. The percentage of eligible students passing statewide,
 1004  standardized assessments in social studies under s. 1008.22(3).
 1005         e. The percentage of eligible students who make Learning
 1006  Gains in English Language Arts as measured by statewide,
 1007  standardized assessments administered under s. 1008.22(3).
 1008         f. The percentage of eligible students who make Learning
 1009  Gains in mathematics as measured by statewide, standardized
 1010  assessments administered under s. 1008.22(3).
 1011         g. The percentage of eligible students in the lowest 25
 1012  percent in English Language Arts, as identified by prior year
 1013  performance on statewide, standardized assessments, who make
 1014  Learning Gains as measured by statewide, standardized English
 1015  Language Arts assessments administered under s. 1008.22(3).
 1016         h. The percentage of eligible students in the lowest 25
 1017  percent in mathematics, as identified by prior year performance
 1018  on statewide, standardized assessments, who make Learning Gains
 1019  as measured by statewide, standardized Mathematics assessments
 1020  administered under s. 1008.22(3).
 1021         i. For schools comprised of middle grades 6 through 8 or
 1022  grades 7 and 8, the percentage of eligible students passing high
 1023  school level statewide, standardized end-of-course assessments
 1024  or attaining national industry certifications identified in the
 1025  CAPE Industry Certification Funding List pursuant to state board
 1026  rule.
 1027  
 1028  In calculating Learning Gains for the components listed in sub
 1029  subparagraphs e.-h., the State Board of Education shall require
 1030  that learning growth toward achievement levels 3, 4, and 5 is
 1031  demonstrated by students who scored below each of those levels
 1032  in the prior year. In calculating the components in sub
 1033  subparagraphs a.-d., the state board shall include the
 1034  performance of English language learners only if they have been
 1035  enrolled in a school in the United States for more than 2 years.
 1036         2. For a school comprised of grades 9, 10, 11, and 12, or
 1037  grades 10, 11, and 12, the school’s grade shall also be based on
 1038  the following components, each worth 100 points:
 1039         a. The 4-year high school graduation rate of the school as
 1040  defined by state board rule.
 1041         b. The percentage of students who were eligible to earn
 1042  college and career credit through College Board Advanced
 1043  Placement examinations, International Baccalaureate
 1044  examinations, dual enrollment courses, including career dual
 1045  enrollment courses resulting in the completion of 300 or more
 1046  clock hours during high school which are approved by the state
 1047  board as meeting the requirements of s. 1007.271, or Advanced
 1048  International Certificate of Education examinations; who, at any
 1049  time during high school, earned national industry certification
 1050  identified in the CAPE Industry Certification Funding List,
 1051  pursuant to rules adopted by the state board; or, beginning with
 1052  the 2022-2023 school year, who earned an Armed Services
 1053  Qualification Test score that falls within Category II or higher
 1054  on the Armed Services Vocational Aptitude Battery and earned a
 1055  minimum of two credits in Junior Reserve Officers’ Training
 1056  Corps courses from the same branch of the United States Armed
 1057  Forces.
 1058         (4) SCHOOL REPORT CARD.—The Department of Education shall
 1059  annually develop, in collaboration with the school districts and
 1060  private schools that accept scholarship students who participate
 1061  in a state scholarship program under chapter 1002, a school
 1062  report card to be provided by the school district or private
 1063  school that accepts scholarship students who participate in a
 1064  state scholarship program under chapter 1002, as applicable, to
 1065  parents within the district. The report card shall include the
 1066  school’s grade; student performance in English Language Arts,
 1067  mathematics, science, and social studies; information regarding
 1068  school improvement; an explanation of school performance as
 1069  evaluated by the federal Elementary and Secondary Education Act
 1070  (ESEA), 20 U.S.C. ss. 6301 et seq.; and indicators of return on
 1071  investment. Each school’s report card shall be published
 1072  annually by the department on its website based upon the most
 1073  recent data available.
 1074         Section 6. Present subsection (5) of section 1013.37,
 1075  Florida Statutes, is redesignated as subsection (6), and a new
 1076  subsection (5) is added to that section, to read:
 1077         1013.37 State uniform building code for public educational
 1078  facilities construction.—
 1079         (5) PRIVATE SCHOOL FACILITIES.—Private schools shall comply
 1080  with the State Requirements for Educational Facilities of the
 1081  Florida Building Code adopted pursuant to this section. A local
 1082  governing authority may not adopt or impose any local building
 1083  requirements or site-development restrictions, such as parking
 1084  and site-size criteria, student enrollment, and occupant load,
 1085  which are addressed by and more stringent than those found in
 1086  the State Requirements for Educational Facilities of the Florida
 1087  Building Code. A local governing authority shall treat private
 1088  schools equitably with regard to requirements, restrictions, and
 1089  site-planning processes imposed upon public schools. The agency
 1090  having jurisdiction for inspection of a facility and issuance of
 1091  a certificate of occupancy or use is the local municipality or,
 1092  if the private school is in an unincorporated area, the county
 1093  governing authority. If an official or employee of the local
 1094  governing authority refuses to comply with this subsection, the
 1095  aggrieved school or entity has an immediate right to bring an
 1096  action in circuit court to enforce its rights by injunction. An
 1097  aggrieved party that receives injunctive relief may be awarded
 1098  attorney fees and court costs.
 1099         Section 7. This act shall take effect July 1, 2022.