To implement updates from HB-7045 and HB-131 from the 2021 Legislative Session, including additional compliance requirements and updating statutory references in the incorporated form

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-6.03315Private School Scholarship Compliance

PURPOSE AND EFFECT: To implement updates from HB-7045 and HB-131 from the 2021 Legislative Session, including additional compliance requirements and updating statutory references in the incorporated form

SUMMARY: The last modification to the Scholarship Compliance Form (IEPC SCF-1) took effect July 2018. In 2021, the Florida Legislature passed legislation modifying both the state scholarship programs and scholarship program compliance. Currently, the Scholarship Compliance Form (IEPC SCF-1) contains references to programs that have been repealed and does not include provisions regarding requirements for educational support employees and private school employment screening.

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 adverse impact or regulatory cost, if any, does not exceed, nor would it be expected to exceed, any one of the economic analysis criteria set forth in section 120.541(2)(a), F.S. and will not 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: 1001.02(1), (2)(n), 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: October 20, 2021, 9:00 a.m.

PLACE: Caribe Royale Orlando, 8101 World Center Drive, Sierra Ballroom A & B, Orlando, FL 32821

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Dakeyan Graham, Executive Director, Office of Independent Education and 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-09621), hereinafter Scholarship Compliance Form, is hereby incorporated by reference to become a part of this rule effective November 2021 August 2018.

(1) through (2) No change.

(3) New schools.

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

1. through 8. No change.

9. School policies establishing standards of ethical conduct for instructional personnel, educational support employees, and school administrators.

10. School fee schedule, if applicable.

(b) Upon review and approval of the documentation identified 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) No change.

(4) through (7) No change.

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, 8-21-18,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Dakeyan Graham, Executive Director, Office of Independent Education and Parental Choice.

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 21, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 20, 2021