The purpose of the proposed rule is to amend reporting requirements by which private schools participating in Florida’s K-12 state scholarship programs must submit compliance documentation to the Florida Department of Education. The effect of this ...

DEPARTMENT OF EDUCATION
State Board of Education

RULE NO: RULE TITLE
6A-6.03315: Private School Scholarship Compliance Form
PURPOSE AND EFFECT: The purpose of the proposed rule is to amend reporting requirements by which private schools participating in Florida’s K-12 state scholarship programs must submit compliance documentation to the Florida Department of Education. The effect of this rule is to provide consistency to private schools, students, and families during the school year to prevent possible disruptions in private school eligibility, in scholarship payments, and in the provision of educational services to children.
SUMMARY: The proposed rule modifies an existing rule and outlines compliance requirements, requirements for new and renewing schools, and timelines for submitting private school scholarship compliance information.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 1002.39, 1002.42, 1002.421 FS.
LAW IMPLEMENTED: 220.187, 316.615, 381.006, 381.0072, 404.056, 440.02, 443.1216, 607.0128, 617.0128, 623.03, 1002.39, 1003.22, 1003.23, 1002.42, 1002.421 FS.
A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: December 12, 2006, 8:30 a.m.
PLACE: 400 South Monroe Street, Room LL24, The Capitol, Tallahassee, Florida 32399
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Virginia Gentles, Executive Director, Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Room 522, Tallahassee, Florida 32399-0400, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.03315 Private School Scholarship Compliance Form.

Compliance reporting requirements for the participation of a Florida private school registered with the Department of Education to be determined eligible to participate in one or more state scholarship program(s) are specified in Form IEPC SCF-1, Scholarship Compliance Form for Private School Participants in State Scholarship Programs, hereinafter Scholarship Compliance Form, which is hereby incorporated by reference to become a part of this rule effective upon the effective date of this rule September 2005.

(1) Definitions related to this rule and the Scholarship Compliance Form:

(a) Renewing school – Schools that had scholarship students during the current or previous school year.

(b) New school – Schools that did not have scholarship students during the current or previous school year. A school removed from the program pursuant to a Notice of Proposed Action from the Commissioner may not reapply during the same school year it was removed from the program. In addition, a school that had scholarship students during the current or previous school year but is opening an additional location may apply as a new school for that location only.

(c) Regular and direct contact – A program of instruction that provides for a minimum of one hundred seventy (170) actual school instruction days with the required instructional hours (determined by grade level per state board Rule 6A-1.09512, F.A.C.) under the direct instruction of the private school teacher at the school’s physical location with occasional off-site activities under the supervision of the private school teacher.

(d) School’s physical location – The location where regular and direct contact with the private school teacher occurs and must meet applicable state and local health, safety, and welfare laws, codes, and rules.

(2) Renewing schools. The signed, notarized Scholarship Compliance Form must be postmarked received by March the Office of Independent Education and Parental Choice no later than 5:00 p.m. on May 1 of each year for participation in the subsequent school year. Following the timely submission of the Scholarship Compliance Form, any outstanding compliance issues, including submission of the annual survey required by Section 1002.42, Florida Statutes, must be resolved by the private school prior to May July 1 of each year or within forty-five (45) days of receipt of notification from the Department of any noncompliance issue, whichever is later, for the school to remain eligible to participate in the scholarship programs. Renewing schools as a part of the renewal process are required to have a review of compliance documentation every third year. The Department shall mail notice to renewing schools subject to the compliance documentation review by December 1 of each year. This does not limit the Department’s ability to request compliance related documentation at other times.

(3) New schools. When the signed, notarized Scholarship Compliance Form is submitted by a new school, the school shall have sixty (60) days to resolve any outstanding compliance issues, including submission of the annual survey required by Section 1002.42, Florida Statutes, to become eligible to participate in the scholarship programs. If the outstanding issues have not been resolved after sixty (60) days, the application shall be administratively closed. The application can be reopened, at any time during the same school year, by request of the private school. At no time can a new private school that has not met and adequately demonstrated compliance with all requirements, register or enroll scholarship students.

(4) The Scholarship Compliance Form This form delineates private school reporting requirements specified pursuant to Section 1002.42, Florida Statutes, and statutory and regulatory requirements related to the areas of school location and contact information; school ownership; affiliation; financial solvency; school administration; school staffing; school program; student health, safety, and welfare; student records; school facility; and submission of the scholarship compliance form.

(5) Copies of the Scholarship Compliance Form this form may be obtained from the Office of Independent Education and Parental Choice, Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399.

Specific Authority 1002.38, 1002.39, 1002.42, 1002.421 FS. Law Implemented 220.187, 316.615, 381.006, 381.0072, 404.056, 440.02, 443.1216, 607.0128, 617.0128, 623.03, 1002.38, 1002.39, 1003.22, 1003.23, 1002.42, 1002.421 FS. History–New 10-13-04, Amended 9-20-05,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Virginia Gentles, Executive Director, Office of Independent Education and Parental Choice, Department of Education
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: John L. Winn, Commissioner of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 30, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 11, 2006