To implement updates from House Bill 1 from the 2023 Legislative Session. Other areas dealing with private schools’ scholarship compliance will be considered including, but not limited to, Scholarship Funding Organization ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.03315Private School Scholarship Compliance

PURPOSE AND EFFECT: To implement updates from House Bill 1 from the 2023 Legislative Session. Other areas dealing with private schools’ scholarship compliance will be considered including, but not limited to, Scholarship Funding Organization (SFO) authority, student attendance requirements, private school responsibilities, and private school scholarship participation requirements.

SUMMARY: The Rule amendment will bring the rule into alignment with House Bill 1 from the 2023 Legislative Session and then deletes references to the McKay Scholarship, changes to dates revolving around the Scholarship Compliance Form and updates statute references.

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 not expected to have any adverse impact on economic growth or business competitiveness, or increase regulatory costs or any other factor set forth in s. 120.541(2), F.S., and will not require legislative ratification. This is based upon the nature of the proposed rule, which updates language to reflect the new standards for effective educators.

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: 1001.02, 1002.421, F.S.

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

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

DATE AND TIME: July 19, 2023, 9:00 a.m.

PLACE: Rosen Shingle Creek, 9939 Universal Blvd., Orlando, Florida 32819.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Adam Emerson, Executive Director, Office of Independent Education & Parental Choice, [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-15452), hereinafter Scholarship Compliance Form, is hereby incorporated by reference to become a part of this rule effective August 2023 June 2023.

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

(a) through (c) No change.

(d) 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 approved physical location. This may include occasional off-site activities including the Family Empowerment McKay Scholarship Program transition-to-work plan under the supervision of the private school teacher.

(e) No change.

(2) Renewing schools must comply with the following process to renew eligbility for the upcoming school year.

(a) No change.

(b) Annually complete and submit a signed and notarized Scholarship Compliance Form. The signed, notarized Scholarship Compliance Form must be postmarked by February March 1 of each year for participation in the subsequent school year. Following the timely submission of the Scholarship Compliance Form, any outstanding compliance issues must be resolved by the private school on or before April May 1 of each year or within forty-five (45) days of initial notification from the Department of any noncompliance issue, whichever is later, for the school to remain eligible to participate in the scholarship programs. This does not limit the Department’s ability to request compliance related documentation at other times.

(c) through (d) No change.

(3) through (6) No change.

(7) Inquiry process.

(a) No change.

(b) Failure to respond to a letter of inquiry in a timely manner may result in the Department initiating any of the actions as authorized by Sections 1002.421(3), or 1002.394(8) 1002.385(10), F.S, as applicable.

(c) Upon review of the documentation requested pursuant to paragraph (7)(a) of this rule, the Department may take one of the following actions:

1. through 2. No change.

3. If the Department establishes that a violation of laws or rules related to scholarship program participation has occurred, the Department may initiate any of the actions permitted by Sections 1002.421(3), or 1002.394(8) 1002.385(10), F.S., as applicable.

(d) No change.

(e) Notwithstanding any other provision of this rule, the Commissioner may at any point before or during the inquiry process exercise the authority given under Sections 1002.421(3), 1002.394(8) 1002.385(10), F.S., and this rule.

(8) No change.

Rulemaking Authority 1001.02, 1002.394, 1002.395, 1002.40, 1002.411, 1002.42, 1002.421 FS. Law Implemented, 1002.395, 1002.40, 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, 6-27-23,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Adam Emerson, Executive Director, Office of Independent Education & 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: June 09, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 17, 2023