To clarify that certain actions constitute operating a private school in a manner contrary to the health, safety, and welfare of the public and create an imminent threat to the health, safety, or welfare of the school’s ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.03315Private School Scholarship Compliance

PURPOSE AND EFFECT: To clarify that certain actions constitute operating a private school in a manner contrary to the health, safety, and welfare of the public and create an imminent threat to the health, safety, or welfare of the school’s students.

SUMMARY: The purpose of this amendment is to clarify that certain actions constitute operating a private school in a manner contrary to the health, safety, and welfare of the public and create an imminent threat to the health, safety, or welfare of the school’s students.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The proposed rule is unlikely to have an adverse impact on small business or increase regulatory costs in excess of $200,000 in the aggregate within one year. This rule is also unlikely to impact the factors listed in 120.541(2)(a), F.S., and will not require legislative authorization. Private schools will still be able to operate in Florida; this rule merely makes it so that private schools owned by an individual or entity domiciled in or controlled by a foreign country of concern may be ineligible to receive state scholarship funds. At this time, it is unknown whether any private scholarship schools would be impacted.

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.

RULEMAKING AUTHORITY: 1002.421(5), F.S.

LAW IMPLEMENTED: 1002.394, 1002.395, 1002.40, 1002.42, 1002.421, F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: May 24, 2023, 9:00 a.m.

PLACE: Miami Dade College, Hialeah Campus, Building#5, Room 5101B, 1780 W. 49th St. Hialeah, FL 33012.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Adam Emerson, Executive Director, Independent Education and Parental Choice, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.03315 Private School Scholarship Compliance.

Form IEPC SCF-1, Scholarship Program Compliance Form for Private School Participants in State Scholarship Programs (http://www.flrules.org/Gateway/reference.asp?No=Ref-13800), hereinafter Scholarship Compliance Form, is hereby incorporated by reference to become a part of this rule effective November 2021.

(1) through (7) No change.

(8) For purposes of determining whether to deny, suspend, or revoke a private school’s participation in a scholarship program under Section 1002.421(3)(b), F.S., or immediately suspend payment of scholarship funds under Section 1002.421(3)(e), F.S., an owner or operator is operating the school in a manner that creates an imminent threat to the health, safety, and welfare of the school’s students or the public if that owner is domiciled in, owned by, or in any way controlled by an entity domiciled in a foreign country of concern as defined in Section 288.860, F.S.

Rulemaking Authority 1001.02, 1002.385, 1002.39, 1002.395, 1002.40, 1002.411, 1002.42, 1002.421 FS. Law Implemented 1002.39, 1002.395, 1002.40, 1002.421, 1002.42, 1002.421, 1003.22, 1003.23 FS. History–New 10-13-04, Amended 9-20-05, 1-18-07, 1-5-09, 10-25-10, 2-9-16, 8-21-18, 11-23-21,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Adam Emerson, Executive Director, Independent Education and Parental Choice.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 18, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 24, 2023