Florida Senate - 2020                                      SB 56
       
       
        
       By Senator Rouson
       
       
       
       
       
       19-00093-20                                             202056__
    1                        A bill to be entitled                      
    2         An act relating to private school eligibility
    3         requirements; amending s. 1002.421, F.S.; revising
    4         private school eligibility requirements for the state
    5         school choice scholarship program; providing an
    6         effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsection (1) of section 1002.421, Florida
   11  Statutes, is amended to read:
   12         1002.421 State school choice scholarship program
   13  accountability and oversight.—
   14         (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
   15  school participating in an educational scholarship program
   16  established pursuant to this chapter must be a private school as
   17  defined in s. 1002.01(2) in this state, be registered, and be in
   18  compliance with all requirements of this section in addition to
   19  private school requirements outlined in s. 1002.42, specific
   20  requirements identified within respective scholarship program
   21  laws, and other provisions of Florida law that apply to private
   22  schools; may not deny enrollment to a student based on the
   23  student’s race, ethnicity, national origin, gender, disability,
   24  religion, sexual orientation, or gender identity;, and must:
   25         (a) Comply with the antidiscrimination provisions of 42
   26  U.S.C. s. 2000d.
   27         (b) Notify the department of its intent to participate in a
   28  scholarship program.
   29         (c) Notify the department of any change in the school’s
   30  name, school director, mailing address, or physical location
   31  within 15 days after the change.
   32         (d) Provide to the department or scholarship-funding
   33  organization all documentation required for a student’s
   34  participation, including the private school’s and student’s
   35  individual fee schedule, and attendance verification as required
   36  by the department or scholarship-funding organization, prior to
   37  scholarship payment.
   38         (e) Annually complete and submit to the department a
   39  notarized scholarship compliance statement certifying that all
   40  school employees and contracted personnel with direct student
   41  contact have undergone background screening pursuant to s.
   42  943.0542 and have met the screening standards as provided in s.
   43  435.04.
   44         (f) Demonstrate fiscal soundness and accountability by:
   45         1. Being in operation for at least 3 school years or
   46  obtaining a surety bond or letter of credit for the amount equal
   47  to the scholarship funds for any quarter and filing the surety
   48  bond or letter of credit with the department.
   49         2. Requiring the parent of each scholarship student to
   50  personally restrictively endorse the scholarship warrant to the
   51  school or to approve a funds transfer before any funds are
   52  deposited for a student. The school may not act as attorney in
   53  fact for the parent of a scholarship student under the authority
   54  of a power of attorney executed by such parent, or under any
   55  other authority, to endorse a scholarship warrant or approve a
   56  funds transfer on behalf of such parent.
   57         (g) Meet applicable state and local health, safety, and
   58  welfare laws, codes, and rules, including:
   59         1. Firesafety.
   60         2. Building safety.
   61         (h) Employ or contract with teachers who hold baccalaureate
   62  or higher degrees, have at least 3 years of teaching experience
   63  in public or private schools, or have special skills, knowledge,
   64  or expertise that qualifies them to provide instruction in
   65  subjects taught.
   66         (i) Maintain a physical location in the state at which each
   67  student has regular and direct contact with teachers.
   68         (j) Publish on the school’s website, or provide in a
   69  written format, information for parents regarding the school,
   70  including, but not limited to, programs, services, and the
   71  qualifications of classroom teachers.
   72         (k) At a minimum, provide the parent of each scholarship
   73  student with a written explanation of the student’s progress on
   74  a quarterly basis.
   75         (l) Cooperate with a student whose parent chooses to
   76  participate in the statewide assessments pursuant to s. 1008.22.
   77         (m) Require each employee and contracted personnel with
   78  direct student contact, upon employment or engagement to provide
   79  services, to undergo a state and national background screening,
   80  pursuant to s. 943.0542, by electronically filing with the
   81  Department of Law Enforcement a complete set of fingerprints
   82  taken by an authorized law enforcement agency or an employee of
   83  the private school, a school district, or a private company who
   84  is trained to take fingerprints and deny employment to or
   85  terminate an employee if he or she fails to meet the screening
   86  standards under s. 435.04. Results of the screening shall be
   87  provided to the participating private school. For purposes of
   88  this paragraph:
   89         1. An “employee or contracted personnel with direct student
   90  contact” means any employee or contracted personnel who has
   91  unsupervised access to a scholarship student for whom the
   92  private school is responsible.
   93         2. The costs of fingerprinting and the background check
   94  shall not be borne by the state.
   95         3. Continued employment of an employee or contracted
   96  personnel after notification that he or she has failed the
   97  background screening under this paragraph shall cause a private
   98  school to be ineligible for participation in a scholarship
   99  program.
  100         4. An employee or contracted personnel holding a valid
  101  Florida teaching certificate who has been fingerprinted pursuant
  102  to s. 1012.32 is not required to comply with the provisions of
  103  this paragraph.
  104         5. All fingerprints submitted to the Department of Law
  105  Enforcement as required by this section shall be retained by the
  106  Department of Law Enforcement in a manner provided by rule and
  107  entered in the statewide automated biometric identification
  108  system authorized by s. 943.05(2)(b). Such fingerprints shall
  109  thereafter be available for all purposes and uses authorized for
  110  arrest fingerprints entered in the statewide automated biometric
  111  identification system pursuant to s. 943.051.
  112         6. The Department of Law Enforcement shall search all
  113  arrest fingerprints received under s. 943.051 against the
  114  fingerprints retained in the statewide automated biometric
  115  identification system under subparagraph 5. Any arrest record
  116  that is identified with the retained fingerprints of a person
  117  subject to the background screening under this section shall be
  118  reported to the employing school with which the person is
  119  affiliated. Each private school participating in a scholarship
  120  program is required to participate in this search process by
  121  informing the Department of Law Enforcement of any change in the
  122  employment or contractual status of its personnel whose
  123  fingerprints are retained under subparagraph 5. The Department
  124  of Law Enforcement shall adopt a rule setting the amount of the
  125  annual fee to be imposed upon each private school for performing
  126  these searches and establishing the procedures for the retention
  127  of private school employee and contracted personnel fingerprints
  128  and the dissemination of search results. The fee may be borne by
  129  the private school or the person fingerprinted.
  130         7. Employees and contracted personnel whose fingerprints
  131  are not retained by the Department of Law Enforcement under
  132  subparagraphs 5. and 6. are required to be refingerprinted and
  133  must meet state and national background screening requirements
  134  upon reemployment or reengagement to provide services in order
  135  to comply with the requirements of this section.
  136         8. Every 5 years following employment or engagement to
  137  provide services with a private school, employees or contracted
  138  personnel required to be screened under this section must meet
  139  screening standards under s. 435.04, at which time the private
  140  school shall request the Department of Law Enforcement to
  141  forward the fingerprints to the Federal Bureau of Investigation
  142  for national processing. If the fingerprints of employees or
  143  contracted personnel are not retained by the Department of Law
  144  Enforcement under subparagraph 5., employees and contracted
  145  personnel must electronically file a complete set of
  146  fingerprints with the Department of Law Enforcement. Upon
  147  submission of fingerprints for this purpose, the private school
  148  shall request that the Department of Law Enforcement forward the
  149  fingerprints to the Federal Bureau of Investigation for national
  150  processing, and the fingerprints shall be retained by the
  151  Department of Law Enforcement under subparagraph 5.
  152         (n) Adopt policies establishing standards of ethical
  153  conduct for instructional personnel and school administrators.
  154  The policies must require all instructional personnel and school
  155  administrators, as defined in s. 1012.01, to complete training
  156  on the standards; establish the duty of instructional personnel
  157  and school administrators to report, and procedures for
  158  reporting, alleged misconduct by other instructional personnel
  159  and school administrators which affects the health, safety, or
  160  welfare of a student; and include an explanation of the
  161  liability protections provided under ss. 39.203 and 768.095. A
  162  private school, or any of its employees, may not enter into a
  163  confidentiality agreement regarding terminated or dismissed
  164  instructional personnel or school administrators, or personnel
  165  or administrators who resign in lieu of termination, based in
  166  whole or in part on misconduct that affects the health, safety,
  167  or welfare of a student, and may not provide the instructional
  168  personnel or school administrators with employment references or
  169  discuss the personnel’s or administrators’ performance with
  170  prospective employers in another educational setting, without
  171  disclosing the personnel’s or administrators’ misconduct. Any
  172  part of an agreement or contract that has the purpose or effect
  173  of concealing misconduct by instructional personnel or school
  174  administrators which affects the health, safety, or welfare of a
  175  student is void, is contrary to public policy, and may not be
  176  enforced.
  177         (o) Before employing instructional personnel or school
  178  administrators in any position that requires direct contact with
  179  students, conduct employment history checks of each of the
  180  personnel’s or administrators’ previous employers, screen the
  181  personnel or administrators through use of the educator
  182  screening tools described in s. 1001.10(5), and document the
  183  findings. If unable to contact a previous employer, the private
  184  school must document efforts to contact the employer.
  185         (p) Require each owner or operator of the private school,
  186  prior to employment or engagement to provide services, to
  187  undergo level 2 background screening as provided under chapter
  188  435. For purposes of this paragraph, the term “owner or
  189  operator” means an owner, operator, superintendent, or principal
  190  of, or a person with equivalent decisionmaking authority over, a
  191  private school participating in a scholarship program
  192  established pursuant to this chapter. The fingerprints for the
  193  background screening must be electronically submitted to the
  194  Department of Law Enforcement and may be taken by an authorized
  195  law enforcement agency or a private company who is trained to
  196  take fingerprints. However, the complete set of fingerprints of
  197  an owner or operator may not be taken by the owner or operator.
  198  The owner or operator shall provide a copy of the results of the
  199  state and national criminal history check to the Department of
  200  Education. The cost of the background screening may be borne by
  201  the owner or operator.
  202         1. Every 5 years following employment or engagement to
  203  provide services, each owner or operator must meet level 2
  204  screening standards as described in s. 435.04, at which time the
  205  owner or operator shall request the Department of Law
  206  Enforcement to forward the fingerprints to the Federal Bureau of
  207  Investigation for level 2 screening. If the fingerprints of an
  208  owner or operator are not retained by the Department of Law
  209  Enforcement under subparagraph 2., the owner or operator must
  210  electronically file a complete set of fingerprints with the
  211  Department of Law Enforcement. Upon submission of fingerprints
  212  for this purpose, the owner or operator shall request that the
  213  Department of Law Enforcement forward the fingerprints to the
  214  Federal Bureau of Investigation for level 2 screening, and the
  215  fingerprints shall be retained by the Department of Law
  216  Enforcement under subparagraph 2.
  217         2. Fingerprints submitted to the Department of Law
  218  Enforcement as required by this paragraph must be retained by
  219  the Department of Law Enforcement in a manner approved by rule
  220  and entered in the statewide automated biometric identification
  221  system authorized by s. 943.05(2)(b). The fingerprints must
  222  thereafter be available for all purposes and uses authorized for
  223  arrest fingerprints entered in the statewide automated biometric
  224  identification system pursuant to s. 943.051.
  225         3. The Department of Law Enforcement shall search all
  226  arrest fingerprints received under s. 943.051 against the
  227  fingerprints retained in the statewide automated biometric
  228  identification system under subparagraph 2. Any arrest record
  229  that is identified with an owner’s or operator’s fingerprints
  230  must be reported to the owner or operator, who must report to
  231  the Department of Education. Any costs associated with the
  232  search shall be borne by the owner or operator.
  233         4. An owner or operator who fails the level 2 background
  234  screening is not eligible to participate in a scholarship
  235  program under this chapter.
  236         5. In addition to the offenses listed in s. 435.04, a
  237  person required to undergo background screening pursuant to this
  238  part or authorizing statutes may not have an arrest awaiting
  239  final disposition for, must not have been found guilty of, or
  240  entered a plea of nolo contendere to, regardless of
  241  adjudication, and must not have been adjudicated delinquent for,
  242  and the record must not have been sealed or expunged for, any of
  243  the following offenses or any similar offense of another
  244  jurisdiction:
  245         a. Any authorizing statutes, if the offense was a felony.
  246         b. This chapter, if the offense was a felony.
  247         c. Section 409.920, relating to Medicaid provider fraud.
  248         d. Section 409.9201, relating to Medicaid fraud.
  249         e. Section 741.28, relating to domestic violence.
  250         f. Section 817.034, relating to fraudulent acts through
  251  mail, wire, radio, electromagnetic, photoelectronic, or
  252  photooptical systems.
  253         g. Section 817.234, relating to false and fraudulent
  254  insurance claims.
  255         h. Section 817.505, relating to patient brokering.
  256         i. Section 817.568, relating to criminal use of personal
  257  identification information.
  258         j. Section 817.60, relating to obtaining a credit card
  259  through fraudulent means.
  260         k. Section 817.61, relating to fraudulent use of credit
  261  cards, if the offense was a felony.
  262         l. Section 831.01, relating to forgery.
  263         m. Section 831.02, relating to uttering forged instruments.
  264         n. Section 831.07, relating to forging bank bills, checks,
  265  drafts, or promissory notes.
  266         o. Section 831.09, relating to uttering forged bank bills,
  267  checks, drafts, or promissory notes.
  268         p. Section 831.30, relating to fraud in obtaining medicinal
  269  drugs.
  270         q. Section 831.31, relating to the sale, manufacture,
  271  delivery, or possession with the intent to sell, manufacture, or
  272  deliver any counterfeit controlled substance, if the offense was
  273  a felony.
  274         6. At least 30 calendar days before a transfer of ownership
  275  of a private school, the owner or operator shall notify the
  276  parent of each scholarship student.
  277         7. The owner or operator of a private school that has been
  278  deemed ineligible to participate in a scholarship program
  279  pursuant to this chapter may not transfer ownership or
  280  management authority of the school to a relative in order to
  281  participate in a scholarship program as the same school or a new
  282  school. For purposes of this subparagraph, the term “relative”
  283  means father, mother, son, daughter, grandfather, grandmother,
  284  brother, sister, uncle, aunt, cousin, nephew, niece, husband,
  285  wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
  286  brother-in-law, sister-in-law, stepfather, stepmother, stepson,
  287  stepdaughter, stepbrother, stepsister, half-brother, or half
  288  sister.
  289         (q) Provide a report from an independent certified public
  290  accountant who performs the agreed-upon procedures developed
  291  pursuant to s. 1002.395(6)(o) if the private school receives
  292  more than $250,000 in funds from scholarships awarded under this
  293  chapter in a state fiscal year. A private school subject to this
  294  subsection must annually submit the report by September 15 to
  295  the scholarship-funding organization that awarded the majority
  296  of the school’s scholarship funds. However, a school that
  297  receives more than $250,000 in scholarship funds only through
  298  the John M. McKay Scholarship for Students with Disabilities
  299  Program pursuant to s. 1002.39 must submit the annual report by
  300  September 15 to the department. The agreed-upon procedures must
  301  be conducted in accordance with attestation standards
  302  established by the American Institute of Certified Public
  303  Accountants.
  304  
  305  The department shall suspend the payment of funds to a private
  306  school that knowingly fails to comply with this subsection, and
  307  shall prohibit the school from enrolling new scholarship
  308  students, for 1 fiscal year and until the school complies. If a
  309  private school fails to meet the requirements of this subsection
  310  or has consecutive years of material exceptions listed in the
  311  report required under paragraph (q), the commissioner may
  312  determine that the private school is ineligible to participate
  313  in a scholarship program.
  314         Section 2. This act shall take effect upon becoming a law.