Florida 2023 Regular Session

Florida House Bill H1629 Latest Draft

Bill / Introduced Version Filed 03/07/2023

                               
 
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A bill to be entitled 1 
An act relating to financial accountability in 2 
publicly funded education ; amending s. 1002.421, F.S.; 3 
revising requirements for a private school to 4 
participate in certain educational scholarship 5 
programs; requiring the Department of Education to 6 
suspend the payment of funds to participating private 7 
schools under certain circumstances; creating s. 8 
1011.781, F.S.; creating the K -12 Education Funding 9 
Task Force within the department; providing the 10 
purpose of the task force; providing for membership of 11 
the task force; providing for the terms of task force 12 
members; providing requirements for the selection of a 13 
chair, a quorum, and meetings of the task force; 14 
authorizing task force members to receive specified 15 
reimbursements; providing the duties and 16 
responsibilities of the task force; requiring the task 17 
force to annually provide a report to specified 18 
individuals and the public; providing requirements for 19 
such report; providing an effective date. 20 
 21 
Be It Enacted by the Legislature of the State of Florida: 22 
 23 
 Section 1.  Subsection (1) of section 1002.421, Florida 24 
Statutes, is amended to read: 25     
 
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 1002.421  State school choice scholarship program 26 
accountability and oversi ght.— 27 
 (1)  PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS. —A private 28 
school participating in an educational scholarship program 29 
established pursuant to this chapter must be a private school as 30 
defined in s. 1002.01(2) in this state, be registered, and be in 31 
compliance with all requirements of this section in addition to 32 
private school requirements outlined in s. 1002.42, specific 33 
requirements identified within respective scholarship program 34 
laws, and other provisions of Florida law that apply to private 35 
schools, and must: 36 
 (a)  Comply with the antidiscrimination provisions of 42 37 
U.S.C. s. 2000d. 38 
 (b)  Notify the department of its intent to participate in 39 
a scholarship program. 40 
 (c)  Notify the department of any change in the school's 41 
name, school director, mail ing address, or physical location 42 
within 15 days after the change. 43 
 (d)  Provide to the department or scholarship -funding 44 
organization all documentation required for a student's 45 
participation, including the private school's and student's 46 
individual fee schedule, and attendance verification as required 47 
by the department or scholarship -funding organization, prior to 48 
scholarship payment. 49 
 (e)  Annually complete and submit to the department a 50     
 
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notarized scholarship compliance statement certifying that all 51 
school employees and contracted personnel with direct student 52 
contact have undergone background screening pursuant to s. 53 
435.12 and have met the screening standards as provided in s. 54 
435.04. 55 
 (f)  Demonstrate fiscal soundness and accountability by: 56 
 1.  Being in operation for at least 3 school years or 57 
obtaining a surety bond or letter of credit for the amount equal 58 
to the scholarship funds for any quarter and filing the surety 59 
bond or letter of credit with the department. 60 
 2.  Requiring the parent of each schola rship student to 61 
personally restrictively endorse the scholarship warrant to the 62 
school or to approve a funds transfer before any funds are 63 
deposited for a student. The school may not act as attorney in 64 
fact for the parent of a scholarship student under th e authority 65 
of a power of attorney executed by such parent, or under any 66 
other authority, to endorse a scholarship warrant or approve a 67 
funds transfer on behalf of such parent. 68 
 (g)  Meet applicable state and local health, safety, and 69 
welfare laws, codes, and rules, including: 70 
 1.  Firesafety. 71 
 2.  Building safety. 72 
 (h)  Employ or contract with teachers who hold 73 
baccalaureate or higher degrees, have at least 3 years of 74 
teaching experience in public or private schools, or have 75     
 
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special skills, knowledge, or expertise that qualifies them to 76 
provide instruction in subjects taught. 77 
 (i)  Maintain a physical location in the state at which 78 
each student has regular and direct contact with teachers. 79 
 (j)  Publish on the school's website, or provide in a 80 
written format, information for parents regarding the school, 81 
including, but not limited to, programs, services, and the 82 
qualifications of classroom teachers. 83 
 (k)  At a minimum, provide the parent of each scholarship 84 
student with a written explanation of the student' s progress on 85 
a quarterly basis. 86 
 (l)  Cooperate with a student whose parent chooses to 87 
participate in the statewide assessments pursuant to s. 1008.22. 88 
 (m)  Require each employee and contracted personnel with 89 
direct student contact, upon employment or en gagement to provide 90 
services, to undergo a state and national background screening, 91 
pursuant to s. 943.0542, by electronically filing with the 92 
Department of Law Enforcement a complete set of fingerprints 93 
taken by an authorized law enforcement agency or an employee of 94 
the private school, a school district, or a private company who 95 
is trained to take fingerprints and deny employment to or 96 
terminate an employee if he or she fails to meet the screening 97 
standards under s. 435.04. Results of the screening shall b e 98 
provided to the participating private school. For purposes of 99 
this paragraph: 100     
 
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 1.  An "employee or contracted personnel with direct 101 
student contact" means any employee or contracted personnel who 102 
has unsupervised access to a scholarship student for whom the 103 
private school is responsible. 104 
 2.  The costs of fingerprinting and the background check 105 
shall not be borne by the state. 106 
 3.  Continued employment of an employee or contracted 107 
personnel after notification that he or she has failed the 108 
background screening under this paragraph shall cause a private 109 
school to be ineligible for participation in a scholarship 110 
program. 111 
 4.  An employee or contracted personnel holding a valid 112 
Florida teaching certificate who has been fingerprinted pursuant 113 
to s. 1012.32 is not required to comply with the provisions of 114 
this paragraph. 115 
 5.  All fingerprints submitted to the Department of Law 116 
Enforcement as required by this section shall be retained by the 117 
Department of Law Enforcement in a manner provided by rule and 118 
entered in the statewide automated biometric identification 119 
system authorized by s. 943.05(2)(b). Such fingerprints shall 120 
thereafter be available for all purposes and uses authorized for 121 
arrest fingerprints entered in the statewide automated biometric 122 
identification system pursuant to s. 943.051. 123 
 6.  The Department of Law Enforcement shall search all 124 
arrest fingerprints received under s. 943.051 against the 125     
 
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fingerprints retained in the statewide automated biometric 126 
identification system under subparagraph 5. Any arr est record 127 
that is identified with the retained fingerprints of a person 128 
subject to the background screening under this section shall be 129 
reported to the employing school with which the person is 130 
affiliated. Each private school participating in a scholarshi p 131 
program is required to participate in this search process by 132 
informing the Department of Law Enforcement of any change in the 133 
employment or contractual status of its personnel whose 134 
fingerprints are retained under subparagraph 5. The Department 135 
of Law Enforcement shall adopt a rule setting the amount of the 136 
annual fee to be imposed upon each private school for performing 137 
these searches and establishing the procedures for the retention 138 
of private school employee and contracted personnel fingerprints 139 
and the dissemination of search results. The fee may be borne by 140 
the private school or the person fingerprinted. 141 
 7.  Employees and contracted personnel whose fingerprints 142 
are not retained by the Department of Law Enforcement under 143 
subparagraphs 5. and 6. are re quired to be refingerprinted and 144 
must meet state and national background screening requirements 145 
upon reemployment or reengagement to provide services in order 146 
to comply with the requirements of this section. 147 
 8.  Every 5 years following employment or engag ement to 148 
provide services with a private school, employees or contracted 149 
personnel required to be screened under this section must meet 150     
 
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screening standards under s. 435.04, at which time the private 151 
school shall request the Department of Law Enforcement to 152 
forward the fingerprints to the Federal Bureau of Investigation 153 
for national processing. If the fingerprints of employees or 154 
contracted personnel are not retained by the Department of Law 155 
Enforcement under subparagraph 5., employees and contracted 156 
personnel must electronically file a complete set of 157 
fingerprints with the Department of Law Enforcement. Upon 158 
submission of fingerprints for this purpose, the private school 159 
shall request that the Department of Law Enforcement forward the 160 
fingerprints to the Fed eral Bureau of Investigation for national 161 
processing, and the fingerprints shall be retained by the 162 
Department of Law Enforcement under subparagraph 5. 163 
 (n)  Adopt policies establishing standards of ethical 164 
conduct for educational support employees, instru ctional 165 
personnel, and school administrators. The policies must require 166 
all educational support employees, instructional personnel, and 167 
school administrators, as defined in s. 1012.01, to complete 168 
training on the standards; establish the duty of educationa l 169 
support employees, instructional personnel, and school 170 
administrators to report, and procedures for reporting, alleged 171 
misconduct by other educational support employees, instructional 172 
personnel, and school administrators which affects the health, 173 
safety, or welfare of a student; and include an explanation of 174 
the liability protections provided under ss. 39.203 and 768.095. 175     
 
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A private school, or any of its employees, may not enter into a 176 
confidentiality agreement regarding terminated or dismissed 177 
educational support employees, instructional personnel, or 178 
school administrators, or employees, personnel, or 179 
administrators who resign in lieu of termination, based in whole 180 
or in part on misconduct that affects the health, safety, or 181 
welfare of a student, and may n ot provide the employees, 182 
personnel, or administrators with employment references or 183 
discuss the employees', personnel's, or administrators' 184 
performance with prospective employers in another educational 185 
setting, without disclosing the employees', personnel 's, or 186 
administrators' misconduct. Any part of an agreement or contract 187 
that has the purpose or effect of concealing misconduct by 188 
educational support employees, instructional personnel, or 189 
school administrators which affects the health, safety, or 190 
welfare of a student is void, is contrary to public policy, and 191 
may not be enforced. 192 
 (o)  Before employing a person in any position that 193 
requires direct contact with students, conduct employment 194 
history checks of previous employers, screen the person through 195 
use of the screening tools described in s. 1001.10(5), and 196 
document the findings. If unable to contact a previous employer, 197 
the private school must document efforts to contact the 198 
employer. The private school may not employ a person whose 199 
educator certificate is revoked, who is barred from reapplying 200     
 
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for an educator certificate, or who is on the disqualification 201 
list maintained by the department pursuant to s. 1001.10(4)(b). 202 
 (p)  Require each owner or operator of the private school, 203 
prior to employment or eng agement to provide services, to 204 
undergo level 2 background screening as provided under chapter 205 
435. For purposes of this paragraph, the term "owner or 206 
operator" means an owner, operator, superintendent, or principal 207 
of, or a person with equivalent decision making authority over, a 208 
private school participating in a scholarship program 209 
established pursuant to this chapter. The fingerprints for the 210 
background screening must be electronically submitted to the 211 
Department of Law Enforcement and may be taken by an authorized 212 
law enforcement agency or a private company who is trained to 213 
take fingerprints. However, the complete set of fingerprints of 214 
an owner or operator may not be taken by the owner or operator. 215 
The owner or operator shall provide a copy of the resul ts of the 216 
state and national criminal history check to the Department of 217 
Education. The cost of the background screening may be borne by 218 
the owner or operator. 219 
 1.  Every 5 years following employment or engagement to 220 
provide services, each owner or operato r must meet level 2 221 
screening standards as described in s. 435.04, at which time the 222 
owner or operator shall request the Department of Law 223 
Enforcement to forward the fingerprints to the Federal Bureau of 224 
Investigation for level 2 screening. If the fingerpr ints of an 225     
 
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owner or operator are not retained by the Department of Law 226 
Enforcement under subparagraph 2., the owner or operator must 227 
electronically file a complete set of fingerprints with the 228 
Department of Law Enforcement. Upon submission of fingerprints 229 
for this purpose, the owner or operator shall request that the 230 
Department of Law Enforcement forward the fingerprints to the 231 
Federal Bureau of Investigation for level 2 screening, and the 232 
fingerprints shall be retained by the Department of Law 233 
Enforcement under subparagraph 2. 234 
 2.  Fingerprints submitted to the Department of Law 235 
Enforcement as required by this paragraph must be retained by 236 
the Department of Law Enforcement in a manner approved by rule 237 
and entered in the statewide automated biometric identif ication 238 
system authorized by s. 943.05(2)(b). The fingerprints must 239 
thereafter be available for all purposes and uses authorized for 240 
arrest fingerprints entered in the statewide automated biometric 241 
identification system pursuant to s. 943.051. 242 
 3.  The Department of Law Enforcement shall search all 243 
arrest fingerprints received under s. 943.051 against the 244 
fingerprints retained in the statewide automated biometric 245 
identification system under subparagraph 2. Any arrest record 246 
that is identified with an owner' s or operator's fingerprints 247 
must be reported to the owner or operator, who must report to 248 
the Department of Education. Any costs associated with the 249 
search shall be borne by the owner or operator. 250     
 
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 4.  An owner or operator who fails the level 2 background 251 
screening is not eligible to participate in a scholarship 252 
program under this chapter. 253 
 5.  In addition to the offenses listed in s. 435.04, a 254 
person required to undergo background screening pursuant to this 255 
part or authorizing statutes may not have an arr est awaiting 256 
final disposition for, must not have been found guilty of, or 257 
entered a plea of nolo contendere to, regardless of 258 
adjudication, and must not have been adjudicated delinquent for, 259 
and the record must not have been sealed or expunged for, any of 260 
the following offenses or any similar offense of another 261 
jurisdiction: 262 
 a.  Any authorizing statutes, if the offense was a felony. 263 
 b.  This chapter, if the offense was a felony. 264 
 c.  Section 409.920, relating to Medicaid provider fraud. 265 
 d.  Section 409.9201, relating to Medicaid fraud. 266 
 e.  Section 741.28, relating to domestic violence. 267 
 f.  Section 817.034, relating to fraudulent acts through 268 
mail, wire, radio, electromagnetic, photoelectronic, or 269 
photooptical systems. 270 
 g.  Section 817.234, relating to false and fraudulent 271 
insurance claims. 272 
 h.  Section 817.505, relating to patient brokering. 273 
 i.  Section 817.568, relating to criminal use of personal 274 
identification information. 275     
 
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 j.  Section 817.60, relating to obtaining a credit card 276 
through fraudulent m eans. 277 
 k.  Section 817.61, relating to fraudulent use of credit 278 
cards, if the offense was a felony. 279 
 l.  Section 831.01, relating to forgery. 280 
 m.  Section 831.02, relating to uttering forged 281 
instruments. 282 
 n.  Section 831.07, relating to forging bank bills, checks, 283 
drafts, or promissory notes. 284 
 o.  Section 831.09, relating to uttering forged bank bills, 285 
checks, drafts, or promissory notes. 286 
 p.  Section 831.30, relating to fraud in obtaining 287 
medicinal drugs. 288 
 q.  Section 831.31, relating to the sale, manufact ure, 289 
delivery, or possession with the intent to sell, manufacture, or 290 
deliver any counterfeit controlled substance, if the offense was 291 
a felony. 292 
 6.  At least 30 calendar days before a transfer of 293 
ownership of a private school, the owner or operator shall 294 
notify the parent of each scholarship student. 295 
 7.  The owner or operator of a private school that has been 296 
deemed ineligible to participate in a scholarship program 297 
pursuant to this chapter may not transfer ownership or 298 
management authority of the school to a relative in order to 299 
participate in a scholarship program as the same school or a new 300     
 
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school. For purposes of this subparagraph, the term "relative" 301 
means father, mother, son, daughter, grandfather, grandmother, 302 
brother, sister, uncle, aunt, cousin, n ephew, niece, husband, 303 
wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, 304 
brother-in-law, sister-in-law, stepfather, stepmother, stepson, 305 
stepdaughter, stepbrother, stepsister, half -brother, or half-306 
sister. 307 
 (q)  Provide a report from an inde pendent certified public 308 
accountant who performs the agreed -upon procedures developed 309 
pursuant to s. 1002.395(6)(o) if the private school receives 310 
more than $250,000 in funds from scholarships awarded under this 311 
chapter in a state fiscal year. A private sc hool subject to this 312 
subsection must annually submit the report by September 15 to 313 
the scholarship-funding organization that awarded the majority 314 
of the school's scholarship funds. However, a school that 315 
receives more than $250,000 in scholarship funds onl y through 316 
the John M. McKay Scholarship for Students with Disabilities 317 
Program pursuant to s. 1002.39 must submit the annual report by 318 
September 15 to the department. The agreed -upon procedures must 319 
be conducted in accordance with attestation standards 320 
established by the American Institute of Certified Public 321 
Accountants. 322 
 (r)  Prohibit education support employees, instructional 323 
personnel, and school administrators from employment in any 324 
position that requires direct contact with students if the 325     
 
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personnel or administrators are ineligible for such employment 326 
pursuant to this section or s. 1012.315, or have been terminated 327 
or have resigned in lieu of termination for sexual misconduct 328 
with a student. If the prohibited conduct occurs subsequent to 329 
employment, the private school must report the person and the 330 
disqualifying circumstances to the department for inclusion on 331 
the disqualification list maintained pursuant to s. 332 
1001.10(4)(b). 333 
 (s) Publish on the school's website, and provide to 334 
parents in a written for mat, a clear and easy to understand 335 
disclosure of any conditions of attendance or policies of the 336 
school that require the following: 337 
 1. Compliance with religious tenants. 338 
 2. Compliance with a student code of conduct or dress code 339 
which specifies groo ming or hair style requirements. 340 
 3.  Compliance with provisions related to sexual 341 
orientation or gender identity. 342 
 (t) Beginning February 28, 2024, and annually on February 343 
28 thereafter, disclose to the school district the number of 344 
vacant seats the sch ool intends to offer to eligible scholarship 345 
students during the subsequent school year. 346 
 (u) Disclose to the department when a student is 347 
disenrolled by the school . This paragraph does not apply to a 348 
student removed at a parent's choosing. 349 
 (v)  Return to the department or an eligible nonprofit 350     
 
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scholarship-funding organization, as appropriate, a prorated 351 
amount of funds, as determined by the department, for students 352 
who disenroll from the private school midyear and enroll in a 353 
public school, including a c harter school.  354 
 355 
The department shall suspend the payment of funds to a private 356 
school that disenrolls, without the parents' consent, more than 357 
25 percent of scholarship students within a single school year 358 
or knowingly fails to comply with this subsection , and shall 359 
prohibit the school from enrolling new scholarship students, for 360 
1 fiscal year and until the school complies. If a private school 361 
fails to meet the requirements of this subsection or has 362 
consecutive years of material exceptions listed in the re port 363 
required under paragraph (q), the commissioner may determine 364 
that the private school is ineligible to participate in a 365 
scholarship program. 366 
 Section 2.  Section 1011.781, Florida Statutes, is created 367 
to read: 368 
 1011.781  K-12 Education Funding Task F orce.— 369 
 (1)  The K-12 Education Funding Task Force, a task force as 370 
defined in s. 20.03(8), is created within the Department of 371 
Education to: 372 
 (a)  Make recommendations to identify and examine issues 373 
within nontraditional schools that receive state funds. 374 
 (b)  Provide recommendations for increased transparency 375     
 
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with such schools. 376 
 (c)  Provide recommendations for universal standards for 377 
the use of public dollars in education. 378 
 (d)  Provide recommendations for accountability measures 379 
for nontraditional schools that fail to meet specified 380 
requirements.   381 
 (2)(a)  The task force shall be comprised of 16 members 382 
appointed as follows: 383 
 1.  Six members appointed by the Commissioner of Education 384 
as follows: 385 
 a.  One member who is a behavioral health professional who 386 
specializes in childhood behavioral disabilities. 387 
 b.  One member who is a health professional who specializes 388 
in childhood developmental disabilities. 389 
 c.  One member who i s a school safety specialist. 390 
 d.  One member who is a certified school counselor, child 391 
psychologist, or social worker. 392 
 e.  One member who is an English for Speakers of Other 393 
Languages representative. 394 
 f.  One member who has experience with the state's a cademic 395 
standards and curriculum transparency requirements. 396 
 2.  The Chief Executive Officer of the Florida Association 397 
of District School Superintendents or his or her designee. 398 
 3.  One member who is selected by the Florida Education 399 
Association. 400     
 
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 4.  One member who is selected by the Minority Leader of 401 
the House of Representatives. 402 
 5.  One member who is selected by the Minority Leader of 403 
the Senate. 404 
 6.  Three members who are selected by the Speaker of the 405 
House of Representatives. 406 
 7.  Three members who are selected by the President of the 407 
Senate. 408 
 (b)  Members shall serve 4 -year terms. However, for the 409 
purpose of staggered terms, of the initial appointments, seven 410 
members shall be appointed for 2 -year terms and nine members 411 
shall be appointed for 4 -year terms. 412 
 (c)  The chair of the task force shall be selected by a 413 
majority vote of members. A majority of the members of the task 414 
force constitutes a quorum. 415 
 (d)  The task force shall meet as necessary to accomplish 416 
its responsibilities or at the call o f the chair and at a time a 417 
place designated by the chair. The task force may conduct its 418 
meetings through teleconferences or other similar means. Member s 419 
of the task force are entitled to receive a reimbursement for 420 
per diem and travel expenses pursuant t o s. 112.061. 421 
 (3)  The task force shall develop recommendations for 422 
establishing universal standards for the use of public funds in 423 
the public education system and in nontraditional schools and 424 
improve public integrity of such funding. 425     
 
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 (4)  The task force shall identify and examine: 426 
 (a)  All nontraditional schools that receive state funds. 427 
 (b)  The number of students disenrolled by such schools 428 
receiving state funds. Such examination does not include 429 
students who are disenrolled at the choice of their p arents. 430 
 (c)  The number of students removed from such schools at 431 
the parents' request. 432 
 (d)  The areas in which schools receiving state funds lack 433 
transparency, including, but not limited to, such schools' high 434 
school graduation rates, disclosure of any c onditions of 435 
attendance or policies that require compliance with religious 436 
tenants, student codes of conduct or dress codes which specify 437 
grooming or hair style requirements, and policies related to 438 
sexual orientation or gender identity. 439 
 (e)  The impacts of the lack of transparency in the areas 440 
identified in paragraph (d). 441 
 (f)  The disciplinary data for such schools, including the 442 
number of students expelled or suspended and the reasons for 443 
such expulsions or suspensions. 444 
 (g)  The quality of the curricul a and instructional 445 
materials of such schools and the parental access to such 446 
curricula and instructional materials. 447 
 (h)  The experience and credentials of educators at such 448 
schools. 449 
 (i)  Data of students enrolled at such schools, including 450     
 
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student achievement, learning gains, and acceleration success 451 
data. 452 
 (j)  Any information or data provided from parents of 453 
students enrolled at such schools. 454 
 (k)  Possible accountability measures for nontraditional 455 
schools that fail to meet accountability measure s. 456 
 (5)  The task force shall, beginning October 1, 2024, and 457 
annually on October 1 , thereafter, provide a report to the 458 
Governor, the President of the Senate, the Speaker of the House 459 
of Representatives, and the Minority Leaders of the House of 460 
Representatives and the Senate and make such report available to 461 
the public. The report must include: 462 
 (a)  A summary of the task force's activities and progress 463 
in identifying and examining the information in subsection ( 4). 464 
 (b)  Any statutory or rule changes nece ssary to accomplish 465 
the goals of the task force. 466 
 (c)  Proposed accountability measures for nontraditional 467 
schools that receive state funds, including, but not limited to, 468 
bond or surety requirements, assigning property to the state, 469 
and the imposition of liens. 470 
 Section 3.  This act shall take effect July 1, 2023. 471