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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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 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, mailing 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 schedu le, 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 scholarsh ip 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 the a uthority 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, the 82
qualifications of classroom teachers, and a statement that a 83
parentally placed private school student with a disability does 84
not have an individual ri ght to receive some or all of the 85
special education and related services that the student would 86
receive if enrolled in a public school under the Individuals 87
with Disabilities Education Act (IDEA), as amended. 88
(k) At a minimum, provide the parent of each scholarship 89
student with a written explanation of the student's progress on 90
a quarterly basis. 91
(l) Cooperate with a student whose parent chooses to 92
participate in the statewide assessments pursuant to s. 1008.22. 93
(m) Require each employee and contracte d personnel with 94
direct student contact, upon employment or engagement to provide 95
services, to undergo a state and national background screening, 96
pursuant to s. 943.0542, by electronically filing with the 97
Department of Law Enforcement a complete set of fin gerprints 98
taken by an authorized law enforcement agency or an employee of 99
the private school, a school district, or a private company who 100
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is trained to take fingerprints and deny employment to or 101
terminate an employee if he or she fails to meet the screeni ng 102
standards under s. 435.04. Results of the screening shall be 103
provided to the participating private school. For purposes of 104
this paragraph: 105
1. An "employee or contracted personnel with direct 106
student contact" means any employee or contracted personnel who 107
has unsupervised access to a scholarship student for whom the 108
private school is responsible. 109
2. The costs of fingerprinting and the background check 110
shall not be borne by the state. 111
3. Continued employment of an employee or contracted 112
personnel after notification that he or she has failed the 113
background screening under this paragraph shall cause a private 114
school to be ineligible for participation in a scholarship 115
program. 116
4. An employee or contracted personnel holding a valid 117
Florida teaching cert ificate who has been fingerprinted pursuant 118
to s. 1012.32 is not required to comply with the provisions of 119
this paragraph. 120
5. All fingerprints submitted to the Department of Law 121
Enforcement as required by this section shall be retained by the 122
Department of Law Enforcement in a manner provided by rule and 123
entered in the statewide automated biometric identification 124
system authorized by s. 943.05(2)(b). Such fingerprints shall 125
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thereafter be available for all purposes and uses authorized for 126
arrest fingerprints entered in the statewide automated biometric 127
identification system pursuant to s. 943.051. 128
6. The Department of Law Enforcement shall search all 129
arrest fingerprints received under s. 943.051 against the 130
fingerprints retained in the statewide automated biometric 131
identification system under subparagraph 5. Any arrest record 132
that is identified with the retained fingerprints of a person 133
subject to the background screening under this section shall be 134
reported to the employing school with which the person is 135
affiliated. Each private school participating in a scholarship 136
program is required to participate in this search process by 137
informing the Department of Law Enforcement of any change in the 138
employment or contractual status of its personnel whose 139
fingerprints are retained under subparagraph 5. The Department 140
of Law Enforcement shall adopt a rule setting the amount of the 141
annual fee to be imposed upon each private school for performing 142
these searches and establishing the procedures for the retention 143
of private school employee and contracted personnel fingerprints 144
and the dissemination of search results. The fee may be borne by 145
the private school or the person fingerprinted. 146
7. Employees and contracted personnel whose fingerprints 147
are not retained by the Depa rtment of Law Enforcement under 148
subparagraphs 5. and 6. are required to be refingerprinted and 149
must meet state and national background screening requirements 150
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upon reemployment or reengagement to provide services in order 151
to comply with the requirements of this section. 152
8. Every 5 years following employment or engagement to 153
provide services with a private school, employees or contracted 154
personnel required to be screened under this section must meet 155
screening standards under s. 435.04, at which time the pri vate 156
school shall request the Department of Law Enforcement to 157
forward the fingerprints to the Federal Bureau of Investigation 158
for national processing. If the fingerprints of employees or 159
contracted personnel are not retained by the Department of Law 160
Enforcement under subparagraph 5., employees and contracted 161
personnel must electronically file a complete set of 162
fingerprints with the Department of Law Enforcement. Upon 163
submission of fingerprints for this purpose, the private school 164
shall request that the Dep artment of Law Enforcement forward the 165
fingerprints to the Federal Bureau of Investigation for national 166
processing, and the fingerprints shall be retained by the 167
Department of Law Enforcement under subparagraph 5. 168
(n) Adopt policies establishing standard s of ethical 169
conduct for educational support employees, instructional 170
personnel, and school administrators. The policies must require 171
all educational support employees, instructional personnel, and 172
school administrators, as defined in s. 1012.01, to comple te 173
training on the standards; establish the duty of educational 174
support employees, instructional personnel, and school 175
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administrators to report, and procedures for reporting, alleged 176
misconduct by other educational support employees, instructional 177
personnel, and school administrators which affects the health, 178
safety, or welfare of a student; and include an explanation of 179
the liability protections provided under ss. 39.203 and 768.095. 180
A private school, or any of its employees, may not enter into a 181
confidentiality agreement regarding terminated or dismissed 182
educational support employees, instructional personnel, or 183
school administrators, or employees, personnel, or 184
administrators who resign in lieu of termination, based in whole 185
or in part on misconduct that affects the health, safety, or 186
welfare of a student, and may not provide the employees, 187
personnel, or administrators with employment references or 188
discuss the employees', personnel's, or administrators' 189
performance with prospective employers in another edu cational 190
setting, without disclosing the employees', personnel's, or 191
administrators' misconduct. Any part of an agreement or contract 192
that has the purpose or effect of concealing misconduct by 193
educational support employees, instructional personnel, or 194
school administrators which affects the health, safety, or 195
welfare of a student is void, is contrary to public policy, and 196
may not be enforced. 197
(o) Before employing a person in any position that 198
requires direct contact with students, conduct employment 199
history checks of previous employers, screen the person through 200
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use of the screening tools described in s. 1001.10(5), and 201
document the findings. If unable to contact a previous employer, 202
the private school must document efforts to contact the 203
employer. The private school may not employ a person whose 204
educator certificate is revoked, who is barred from reapplying 205
for an educator certificate, or who is on the disqualification 206
list maintained by the department pursuant to s. 1001.10(4)(b). 207
(p) Require each owner or operator of the private school, 208
prior to employment or engagement to provide services, to 209
undergo level 2 background screening as provided under chapter 210
435. For purposes of this paragraph, the term "owner or 211
operator" means an owner, operator, superin tendent, or principal 212
of, or a person with equivalent decisionmaking authority over, a 213
private school participating in a scholarship program 214
established pursuant to this chapter. The fingerprints for the 215
background screening must be electronically submitte d to the 216
Department of Law Enforcement and may be taken by an authorized 217
law enforcement agency or a private company who is trained to 218
take fingerprints. However, the complete set of fingerprints of 219
an owner or operator may not be taken by the owner or ope rator. 220
The owner or operator shall provide a copy of the results of the 221
state and national criminal history check to the Department of 222
Education. The cost of the background screening may be borne by 223
the owner or operator. 224
1. Every 5 years following emplo yment or engagement to 225
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provide services, each owner or operator must meet level 2 226
screening standards as described in s. 435.04, at which time the 227
owner or operator shall request the Department of Law 228
Enforcement to forward the fingerprints to the Federal Bureau of 229
Investigation for level 2 screening. If the fingerprints of an 230
owner or operator are not retained by the Department of Law 231
Enforcement under subparagraph 2., the owner or operator must 232
electronically file a complete set of fingerprints with the 233
Department of Law Enforcement. Upon submission of fingerprints 234
for this purpose, the owner or operator shall request that the 235
Department of Law Enforcement forward the fingerprints to the 236
Federal Bureau of Investigation for level 2 screening, and the 237
fingerprints shall be retained by the Department of Law 238
Enforcement under subparagraph 2. 239
2. Fingerprints submitted to the Department of Law 240
Enforcement as required by this paragraph must be retained by 241
the Department of Law Enforcement in a manner approved by rule 242
and entered in the statewide automated biometric identification 243
system authorized by s. 943.05(2)(b). The fingerprints must 244
thereafter be available for all purposes and uses authorized for 245
arrest fingerprints entered in the statewide automated biomet ric 246
identification system pursuant to s. 943.051. 247
3. The Department of Law Enforcement shall search all 248
arrest fingerprints received under s. 943.051 against the 249
fingerprints retained in the statewide automated biometric 250
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identification system under subpa ragraph 2. Any arrest record 251
that is identified with an owner's or operator's fingerprints 252
must be reported to the owner or operator, who must report to 253
the Department of Education. Any costs associated with the 254
search shall be borne by the owner or operat or. 255
4. An owner or operator who fails the level 2 background 256
screening is not eligible to participate in a scholarship 257
program under this chapter. 258
5. In addition to the offenses listed in s. 435.04, a 259
person required to undergo background screening pur suant to this 260
part or authorizing statutes may not have an arrest awaiting 261
final disposition for, must not have been found guilty of, or 262
entered a plea of nolo contendere to, regardless of 263
adjudication, and must not have been adjudicated delinquent for, 264
and the record must not have been sealed or expunged for, any of 265
the following offenses or any similar offense of another 266
jurisdiction: 267
a. Any authorizing statutes, if the offense was a felony. 268
b. This chapter, if the offense was a felony. 269
c. Section 409.920, relating to Medicaid provider fraud. 270
d. Section 409.9201, relating to Medicaid fraud. 271
e. Section 741.28, relating to domestic violence. 272
f. Section 817.034, relating to fraudulent acts through 273
mail, wire, radio, electromagnetic, photoelectronic, or 274
photooptical systems. 275
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g. Section 817.234, relating to false and fraudulent 276
insurance claims. 277
h. Section 817.505, relating to patient brokering. 278
i. Section 817.568, relating to criminal use of personal 279
identification information. 280
j. Section 817.60, relating to obtaining a credit card 281
through fraudulent means. 282
k. Section 817.61, relating to fraudulent use of credit 283
cards, if the offense was a felony. 284
l. Section 831.01, relating to forgery. 285
m. Section 831.02, relating to utter ing forged 286
instruments. 287
n. Section 831.07, relating to forging bank bills, checks, 288
drafts, or promissory notes. 289
o. Section 831.09, relating to uttering forged bank bills, 290
checks, drafts, or promissory notes. 291
p. Section 831.30, relating to fraud in ob taining 292
medicinal drugs. 293
q. Section 831.31, relating to the sale, manufacture, 294
delivery, or possession with the intent to sell, manufacture, or 295
deliver any counterfeit controlled substance, if the offense was 296
a felony. 297
6. At least 30 calendar days befo re a transfer of 298
ownership of a private school, the owner or operator shall 299
notify the parent of each scholarship student. 300
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7. The owner or operator of a private school that has been 301
deemed ineligible to participate in a scholarship program 302
pursuant to this chapter may not transfer ownership or 303
management authority of the school to a relative in order to 304
participate in a scholarship program as the same school or a new 305
school. For purposes of this subparagraph, the term "relative" 306
means father, mother, son, daughter, grandfather, grandmother, 307
brother, sister, uncle, aunt, cousin, nephew, niece, husband, 308
wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, 309
brother-in-law, sister-in-law, stepfather, stepmother, stepson, 310
stepdaughter, stepbrother, s tepsister, half brother, or half 311
sister. 312
(q) Provide a report from an independent certified public 313
accountant who performs the agreed -upon procedures developed 314
pursuant to s. 1002.395(6)(q) if the private school receives 315
more than $250,000 in funds from scholarships awarded under this 316
chapter in a state fiscal year. A private school subject to this 317
subsection must annually submit the report by September 15 to 318
the scholarship-funding organization that awarded the majority 319
of the school's scholarship funds. The agreed-upon procedures 320
must be conducted in accordance with attestation standards 321
established by the American Institute of Certified Public 322
Accountants. 323
(r) Prohibit education support employees, instructional 324
personnel, and school administrators fro m employment in any 325
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position that requires direct contact with students if the 326
personnel or administrators are ineligible for such employment 327
pursuant to this section or s. 1012.315, or have been terminated 328
or have resigned in lieu of termination for sexua l misconduct 329
with a student. If the prohibited conduct occurs subsequent to 330
employment, the private school must report the person and the 331
disqualifying circumstances to the department for inclusion on 332
the disqualification list maintained pursuant to s. 333
1001.10(4)(b). 334
(s) Publish on the school's website, and provide to 335
parents in a written format, a clear and easy to understand 336
disclosure of any conditions of attendance or policies of the 337
school that require compliance with: 338
1. Religious tenants. 339
2. A student code of conduct or dress code which specifies 340
grooming or hair style requirements. 341
3. Provisions related to sexual orientation or gender 342
identity. 343
(t) Beginning February 28, 2025, and annually on February 344
28 and thereafter, disclose to the sc hool district the number of 345
vacant seats the school intends to offer to eligible scholarship 346
students during the subsequent school year. 347
(u) Disclose to the department when a student is 348
disenrolled by the school. This paragraph does not apply to a 349
student removed at a parent's choosing. 350
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(v) Return to the department or an eligible nonprofit 351
scholarship-funding organization, as appropriate, a prorated 352
amount of funds, as determined by the department, for students 353
who disenroll from the private school midy ear and enroll in a 354
public school, including a charter school. 355
356
The department shall suspend the payment of funds to a private 357
school that disenrolls, without the parents' consent, more than 358
25 percent of scholarship students within a single school year 359
or knowingly fails to comply with this subsection, and shall 360
prohibit the school from enrolling new scholarship students, for 361
1 fiscal year and until the school complies. If a private school 362
fails to meet the requirements of this subsection or has 363
consecutive years of material exceptions listed in the report 364
required under paragraph (q), the commissioner may determine 365
that the private school is ineligible to participate in a 366
scholarship program. 367
Section 2. Section 1011.781, Florida Statutes, is created 368
to read: 369
1011.781 K-12 Education Funding Task Force. — 370
(1) The K-12 Education Funding Task Force, a task force as 371
defined in s. 20.03, is created within the Department of 372
Education to: 373
(a) Make recommendations to identify and examine issues 374
within nontraditional schools that receive state funds. 375
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(b) Provide recommendations for increased transparency 376
with such schools. 377
(c) Provide recommendations for universal standards for 378
the use of public dollars in education. 379
(d) Provide recommendations for accountability measures 380
for nontraditional schools that fail to meet specified 381
requirements. 382
(2)(a) The task force shall be comprised of 16 members 383
appointed as follows: 384
1. Six members appointed by the Commissioner of Education 385
as follows: 386
a. One member who is a behavioral health professional who 387
specializes in childhood behavioral disabilities. 388
b. One member who is a health professional who specializes 389
in childhood developmental disabilities. 390
c. One member who i s a school safety specialist. 391
d. One member who is a certified school counselor, child 392
psychologist, or social worker. 393
e. One member who is an English for Speakers of Other 394
Languages representative. 395
f. One member who has experience with the state's a cademic 396
standards and curriculum transparency requirements. 397
2. The Chief Executive Officer of the Florida Association 398
of District School Superintendents or his or her designee. 399
3. One member who is selected by the Florida Education 400
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Association. 401
4. One member who is selected by the Minority Leader of 402
the House of Representatives. 403
5. One member who is selected by the Minority Leader of 404
the Senate. 405
6. Three members who are selected by the Speaker of the 406
House of Representatives. 407
7. Three members wh o are selected by the President of the 408
Senate. 409
(b) Members shall serve 4 -year terms. However, for the 410
purpose of staggered terms of the initial appointments, seven 411
members shall be appointed for 2 -year terms and nine members 412
shall be appointed for 4 -year terms. 413
(c) The chair of the task force shall be selected by a 414
majority vote of members. A majority of the members of the task 415
force constitutes a quorum. 416
(d) The task force shall meet as necessary to accomplish 417
its responsibilities or at the call of t he chair and at a time 418
and a place designated by the chair. The task force may conduct 419
its meetings through teleconferences or other similar means. 420
Members of the task force are entitled to receive a 421
reimbursement for per diem and travel expenses pursuant to s. 422
112.061. 423
(3) The task force shall develop recommendations for 424
establishing universal standards for the use of public funds in 425
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the public education system and in nontraditional schools and 426
improve public integrity of such funding. 427
(4) The task force shall identify and examine: 428
(a) All nontraditional schools that receive state funds. 429
(b) The number of students disenrolled by such schools 430
receiving state funds. Such examination does not include 431
students who are disenrolled at the request of their parents. 432
(c) The number of students disenrolled from such schools 433
at the parents' request. 434
(d) The areas in which schools receiving state funds lack 435
transparency, including, but not limited to, such schools' high 436
school graduation rates, disclosure of any conditions of 437
attendance or policies that require compliance with religious 438
tenants, student codes of conduct or dress codes which specify 439
grooming or hair style requirements, and policies related to 440
sexual orientation or gender identity. 441
(e) The impacts of the lack of transparency in the areas 442
identified in paragraph (d). 443
(f) The disciplinary data for such schools, including the 444
number of students expelled or suspended and the reasons for 445
such expulsions or suspensions. 446
(g) The quality of the cu rricula and instructional 447
materials of such schools and the parental access to such 448
curricula and instructional materials. 449
(h) The experience and credentials of educators at such 450
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schools. 451
(i) Data of students enrolled at such schools, including 452
student achievement, learning gains, and acceleration success 453
data. 454
(j) Any information or data provided from parents of 455
students enrolled at such schools. 456
(k) Possible accountability measures for nontraditional 457
schools that fail to meet accountability measur es. 458
(5) The task force shall, beginning October 1, 2025, and 459
annually on October 1 thereafter, provide a report to the 460
Governor, the President of the Senate, the Speaker of the House 461
of Representatives, and the Minority Leaders of the Senate and 462
the House of Representatives and make such report available to 463
the public. The report must include: 464
(a) A summary of the task force's activities and progress 465
in identifying and examining the information in subsection (4). 466
(b) Any statutory or rule changes nece ssary to accomplish 467
the goals of the task force. 468
(c) Proposed accountability measures for nontraditional 469
schools that receive state funds, including, but not limited to, 470
bond or surety requirements, assigning property to the state, 471
and the imposition of liens. 472
Section 3. This act shall take effect July 1, 2024. 473