To implement new accountability provisions for private schools participating in a state scholarship program, pursuant to section 1002.421, F.S. The rule is consistent with section 1002.421, F.S. SUMMARY: Update the Scholarship Compliance Form (IEPC ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.03315Private School Scholarship Compliance

PURPOSE AND EFFECT: To implement new accountability provisions for private schools participating in a state scholarship program, pursuant to section 1002.421, F.S. The rule is consistent with section 1002.421, F.S.

SUMMARY: Update the Scholarship Compliance Form (IEPC SCF-1), update and revise the requirements and process for initial eligibility to participate in the program, update and revise the renewal requirements and process, implement deadlines for schools to apply to participate in the scholarship program, specify a formal complaint and inquiry process and incorporate the complainant Statement form (IEPC-CS1).

SUMMARY: Update the Scholarship Compliance Form (IEPC SCF-1), update and revise the requirements and process for initial eligibility to participate in the program, update and revise the renewal requirements and process, implement deadlines for schools to apply to participate in the scholarship program, specify a formal complaint and inquiry process and incorporate the complainant Statement form (IEPC-CS1).

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: No requirement for SERC was triggered pursuant to section 120.541(1), F.S. There would be no economic impact from this amendment and the adverse impact or regulatory costs, if any, does not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in section 120.541(2)(a), F.S., and is not expected to require legislative ratification.

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, F.S.

LAW IMPLEMENTED: 1002.421, F.S.

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

DATE AND TIME: July 18, 2018, 9:00 a.m.

PLACE: Omni Orlando Resort at ChampionsGate, Congressional Room, 1500 Masters Blvd., ChampionsGate, FL 33896.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Adam Miller, Executive Director, Office of Independent Education and Parental Choice, 325 W. Gaines Street, Suite 1044, Tallahassee, Florida 32399-0400; [phone]; [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-6.03315 Private School Scholarship Compliance.

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 Program Compliance Form for Private School Participants in State Scholarship Programs (http://www.flrules.org/Gateway/reference.asp?No=Ref-06293), hereinafter Scholarship Compliance Form, which is hereby incorporated by reference to become a part of this rule effective August 2018 February 2016.

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

(a) Scholarship Programs: State school choice scholarship programs authorized in Chapter 1002, F.S.

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

(c)(b) New school – A 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.

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

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

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

(a) Complete and submit a signed and notarized annual survey, pursuant to section 1002.42, F.S., by May 1.

(b) Annually complete and submit a signed and notarized Scholarship Compliance Form. The signed, notarized Scholarship Compliance Form must be postmarked by 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, including submission of the annual survey required by section 1002.42, F.S., must be resolved by the private school on or before May 1 of each year or within forty-five (45) days of intial 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.

(c) Ensure physical location has a current satisfactory health inspection and current satisfactory fire inspection and submit the inspections to the Department.

(d) Every third consecutive year of participation, a renewing private school must also submit the following:

1. Documentation from the Florida Division of Corporations establishing ownership of the private school.

2. Documentation demonstrating the school has a satisfactory Radon inspection, if applicable.

3. School policies establishing standards of ethical conduct from instructional personnel and school administrators.

4. Surety bond or letter of credit, if required by section 1002.421, F.S.

5. Copy of the results of state and national criminal history check for each owner or operator of the school, as defined by section 1002.421, F.S.

(3) New schools.

(a) New schools, as defined in this rule, must submit the following documentation to the Department to establish eligbility for particpation in the scholarship programs.

1. Current notarized annual survey, pursuant to section 1002.42, F.S.

2. Signed and notarized Scholarship Compliance Form. 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, F.S., 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.

3. Copy of the results of state and national criminal history check for each owner or operator of the school, as defined by section 1002.421, F.S.

4. Documentation from the Florida Division of Corporations establishing ownership of the private school.

5. Current satisfactory health inspection report.

6. Current satisfactory fire inspection report.

7. Documentation demonstrating the school has a satisfactory Radon inspection, if applicable.

8. Surety bond or letter of credit, if required by section 1002.421, F.S.

9. School policies establishing standards of ethical conduct for instructional personnel and school administrators.

10. School fee schedule, if applicable.

(b) Upon review and approval of the documentation indentified in paragraph (3)(a) of this rule, the Department will schedule and conduct a site visit at the school’s physical location. Beginning in the 2019-2020 school year, a private school is ineligible to receive scholarship payments until a satisfactory site visit has been conducted by the Department.

(c) The following deadlines are established for schools entering a scholarship program in the 2019-2020 school year and each year thereafter. To be eligible to participate in a scholarship program a school must submit a signed and notarized Scholarship Compliance Form no later than October 1 and all outstanding compliance issues pertaining to documentation identified in paragraph (3)(a) of this rule are to be resolved by December 1. A school that fails to meet either of these deadlines may not participate in the scholarship program until the subsequent school year.

(4) The Department may administratively close an application for participation in the state scholarship programs if a school fails to submit all the required documentation within sixty (60) days of submission of the Scholarship Compliance Form.The Scholarship Compliance Form delineates private school reporting requirements specified pursuant to Section 1002.42, F.S., 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) No change.

(6) Complaint process. The following process is established to allow individuals to notify the Department of any alleged violation by a parent, a student, a private school, a public school or a school district, an organization, a provider, or another appropriate party of state laws or rules related to scholarship program participation.

(a) Persons interested in filing a complaint should contact the Department through the toll-free hotline, 800-447-1636, established pursuant to section 1002.421, F.S., or through the Department’s website, www.floridaschoolchoice.org, to receive a copy of the Complainant Statement form, Form IEPC-CS1.  Form IEPC-CS1 (DOE link) is hereby incorporated by reference, effective August 2018.

(b) The complainant must complete the Complainant Statement form, sign it and submit to the Department.

(c) Upon receipt of a completed and signed Complainant Statement form, the Department shall review to determine if reasonable cause exists to believe that a violation of law or rule has occurred.

(d) If the Department determines that reasonable cause exists, it shall conduct an inquiry, as described in subsection (7) of this rule, or refer the matter to the appropriate agency for investigation. If the Department determines that the information provided by the complainant does not establish reasonable cause, the Department may close the complaint.

(7) Inquiry process.

(a) A letter of inquiry will be delivered using regular and certified mail to provide notification to the individual or entity that an inquiry has been opened and provide the opportunity to respond. The letter of inquiry shall detail alleged violations of program rules or law, the response required, any documentation requested, and the deadline for responding to the Department.

(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 1002.385(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. If the Department cannot establish that a violation of laws or rules related to scholarship program participation occurred, the Department shall notify the parent, student, private school, public school or school district, organization, provider, or other party and complainant that the inquiry will be closed.

2. If more information is needed, the Department may request additional information related to the inquiry from the complainant, parent, student, private school, public school or school district, organization, provider, or other party, or conduct a site visit as appropriate.

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 1002.385(10), F.S., as applicable.

 (d) The Department may at any point in the process set forth in this rule, refer an inquiry to the Department’s Office of Inspector General or another appropriate agency for full investigation.

(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), 1002.385(10), F.S., and this rule.

Rulemaking Authority 1001.02, 1002.385, 1002.39, 1002.395, 1002.40, 1002.411, 1002.42, 1002.421 FS. Law Implemented 1002.385, 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, 4-9-18,____.

 

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 13, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 25, 2018.