Senate Bill 1614 (2021) — Neighborhood pod learning programs
SB 1614
Florida Bills
Florida Senate - 2021 SB 1614 By Senator Rodriguez 39-01332-21 20211614__ Page 1 of 17 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to neighborhood pod learning programs; 2 providing a
short title; amending s. 1002.01, F.S.; 3 defining the term “neighborhood pod learning program”; 4 creating s. 1002.46, F.S.; authorizing the parents of 5 children from at least two unrelated families to 6 establish and operate a neighborhood pod learning 7 program; defining terms; requiring parents who 8 establish a program to notify district school 9 superintendents; specifying the requirements of such 10 notice; clarifying that such programs are not school 11 district programs; providing that a parent 12 participating in operating a program is not required 13 to hold a Florida teaching certificate; requiring 14 school district superintendents to accept notices and 15 register programs; prohibiting a district from 16 requiring additional information or verification from 17 a program parent unless a program student chooses to 18 participate in a school district program or service; 19 prohibiting a school district superintendent from 20 assigning a grade level to a program student or 21 include other specified information in a database 22 unless the student chooses to participate in a school 23 district program or service; requiring program parents 24 to file a written notice of termination upon 25 completion of the program; providing construction; 26 requiring an agency or political subdivision of the 27 state to demonstrate clear and convincing evidence 28 that any enforcement action would not interfere in 29
Florida Senate - 2021 SB 1614 39-01332-21 20211614__ Page 2 of 17 CODING: Words stricken are deletions; words underlined are additions. specified manners with operating a program; providing 30 that such programs are a permitted use in all 31 residential zones; providing that a program does not 32 violate the Florida Fire Prevention Code under certain 33 circumstances; clarifying that a program is not a 34 child care facility, family day care home, or large 35 family child care home; prohibiting discrimination 36 against a parent or student for participation in a 37 program; providing that a program does not increase 38 the regulatory authority of the state; providing for 39 severability; amending ss. 1002.395 and 1002.421, 40 F.S.; conforming cross-references; providing an 41 effective date. 42 43 WHEREAS, the effects of COVID-19 have made it clear that 44 traditional educational institutions are subject to unique 45 concerns when faced with a pandemic, and 46 WHEREAS, evidence suggests that remote and purely virtual 47 learning options are not the appropriate solutions for all 48 students, and 49 WHEREAS, in response to COVID-19, some parents have created 50 “learning pods” in which multiple families pool resources to 51 hire independent educators, and 52 WHEREAS, this phenomenon is largely decentralized, 53 typically involving small groups of parents pooling resources to 54 benefit their children’s education, and 55 WHEREAS, learning pods that have been formed primarily as a 56 response to the pandemic have seen early indicators of success, 57 and 58
Florida Senate - 2021 SB 1614 39-01332-21 20211614__ Page 3 of 17 CODING: Words stricken are deletions; words underlined are additions. WHEREAS, regulatory barriers limit the potentially positive 59 effects of learning pods, as existing regulations are poorly 60 suited to allow learning pods to exist in a safe and regulated 61 manner, and 62 WHEREAS, in order to ensure the continuity of children’s 63 education and encourage parents and teachers to take advantage 64 of potentially beneficial alternative education arrangements, 65 and to ensure the uniform regulation of learning pods in this 66 state, NOW, THEREFORE, 67 68 Be It Enacted by the Legislature of the State of Florida: 69 70
Section 1. This act may be cited as the “Neighborhood Pod 71 Learning Act.” 72
Section 2. Present subsection (2) of
section 1002.01, 73 Florida Statutes, is redesignated as subsection (3), and a new 74 subsection (2) is added to that section, to read: 75 1002.01
Definitions.— 76
(2) A “neighborhood pod learning program” is a voluntary 77 association of parents without corporate status which provides 78 for the sequentially progressive instruction of the parents’ 79 children to satisfy the attendance requirements of ss. 1002.46, 80 1003.01(13), and 1003.21(1). 81
Section
Section 1002.46, Florida Statutes, is created to 82 read: 83 1002.46 Neighborhood pod learning programs.— 84
(1) The parents of children from at least two families not 85 related by blood, marriage, or legal adoption may associate 86 together to establish and operate a neighborhood pod learning 87
Florida Senate - 2021 SB 1614 39-01332-21 20211614__ Page 4 of 17 CODING: Words stricken are deletions; words underlined are additions. program. 88
(2) As used in this section, the term: 89 (a) “Neighborhood pod learning program” or “program” has 90 the same meaning as in s. 1002.01. 91 (b) “Operating a neighborhood pod learning program” or 92 “operating a program” means any actions taken by any program 93 parent or individual assisting a program parent to organize, 94 facilitate, or operate the program in any facility, home, or 95 other structure used by the program. 96 (c) “Parent” means a resident of this state who is a parent 97 as defined in s. 1000.21(5). 98 (3)(
a) Any parents who associate together to establish and 99 operate a program shall notify the district school 100 superintendent of the county in which the parents reside of 101 their intent to establish and operate such program. The notice 102 must be in writing, be signed by each parent in the program, and 103 include the full legal names, addresses, and birthdates of all 104 children who will be enrolled as students in the program. The 105 notice must be filed in the district school superintendent’s 106 office within 30 days after the establishment of the program. 107 (
b) A neighborhood pod learning program is not a school 108 district program and is registered with the district school 109 superintendent only for the purpose of complying with the 110 state’s attendance requirements under s. 1003.21(1). A parent 111 participating in operating a program is not required to hold a 112 Florida teaching certificate. 113 (
c) The district school superintendent shall accept the 114 notice and immediately register the program upon its receipt. 115 The district may not require any additional information or 116
Florida Senate - 2021 SB 1614 39-01332-21 20211614__ Page 5 of 17 CODING: Words stricken are deletions; words underlined are additions. verification from a program parent unless his or her student 117 chooses to participate in a school district program or service. 118 The district school superintendent may not assign a grade level 119 to a program student or include a social security number or any 120 other personal information of the student in any school district 121 or state database unless the student chooses to participate in a 122 school district program or service. 123 (
d) The parents operating a program shall file a written 124 notice of termination upon completion of the program with the 125 district school superintendent. 126 (4)(
a) A neighborhood pod learning program shall be 127 construed by an agency or political subdivision of the state to 128 be a home education program under s. 1002.41, including for the 129 purposes of satisfying the school attendance requirements of ss. 130 1003.01(13) and 1003.21(1), so long as the neighborhood pod 131 learning program complies with the requirements of subsection 132 (3) and the requirements of a home education program under s. 133 1002.41(1)(d)-(f). 134 (
b) An agency or political subdivision of the state must 135 demonstrate by clear and convincing evidence that any 136 enforcement action that would directly or indirectly interfere 137 with operating a program: 138 1. Does not unduly impede the freedom of parents and 139 guardians to provide for the care, supervision, and education of 140 their children; 141 2. Does not single out program activities while similar 142 gatherings of children for recreational or social activities 143 remain unregulated; 144 3. Is narrowly tailored to protect the public health and 145
Florida Senate - 2021 SB 1614 39-01332-21 20211614__ Page 6 of 17 CODING: Words stricken are deletions; words underlined are additions. safety; and 146 4. Does not otherwise conflict with the requirements of 147 this section. 148 (5)(
a) Operating a neighborhood pod learning program is a 149 residential use of property for the purposes of zoning and a 150 permitted use in all residential zones and is not subject to a 151 special use or conditional use permit or a procedure different 152 from those required for other similar dwellings in the same 153 area. A program does not violate the Florida Fire Prevention 154 Code so long as the building being used to operate a program 155 would satisfy the requirements of the Florida Fire Prevention 156 Code in light of the purpose for which the building was 157 originally intended. 158 (
b) A program is not a child care facility, family day care 159 home, or large family child care home as defined in s. 403.302. 160 This
section does not alter any of the requirements of a 161 licensed child care facility, family day care home, or large 162 family child care home. 163
(6) A parent or student may not be penalized or 164 discriminated against by an agency or political subdivision of 165 the state for the parent’s or student’s participation in a 166 program. 167
(7) This
section does not expand the regulatory authority 168 of this state, its officers, or any school district to impose 169 additional regulation on home education students. 170
Section 4. Paragraph (
g) of subsection (2) of
section 171 1002.395, Florida Statutes, is amended to read: 172 1002.395 Florida Tax Credit Scholarship Program.— 173
(2) DEFINITIONS.—As used in this section, the term: 174
Florida Senate - 2021 SB 1614 39-01332-21 20211614__ Page 7 of 17 CODING: Words stricken are deletions; words underlined are additions. (g) “Eligible private school” means a private school, as 175 defined in s. 1002.01(3) s. 1002.01(2), located in Florida which 176 offers an education to students in any grades K-12 and that 177 meets the requirements in subsection (8). 178
Section 5. Subsection (1) of
section 1002.421, Florida 179 Statutes, is amended to read: 180 1002.421 State school choice scholarship program 181 accountability and oversight.— 182
(1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private 183 school participating in an educational scholarship program 184 established pursuant to this
chapter must be a private school as 185 defined in s. 1002.01(3) s. 1002.01(2) in this state, be 186 registered, and be in compliance with all requirements of this 187
section in addition to private school requirements outlined in 188 s. 1002.42, specific requirements identified within respective 189 scholarship program laws, and other provisions of Florida law 190 that apply to private schools, and must: 191 (
a) Comply with the antidiscrimination provisions of 42 192 U.S.C. s. 2000d. 193 (
b) Notify the department of its intent to participate in a 194 scholarship program. 195 (
c) Notify the department of any change in the school’s 196 name, school director, mailing address, or physical location 197 within 15 days after the change. 198 (
d) Provide to the department or scholarship-funding 199 organization all documentation required for a student’s 200 participation, including the private school’s and student’s 201 individual fee schedule, and attendance verification as required 202 by the department or scholarship-funding organization, prior to 203
Florida Senate - 2021 SB 1614 39-01332-21 20211614__ Page 8 of 17 CODING: Words stricken are deletions; words underlined are additions. scholarship payment. 204 (
e) Annually complete and submit to the department a 205 notarized scholarship compliance statement certifying that all 206 school employees and contracted personnel with direct student 207 contact have undergone background screening pursuant to s. 208 943.0542 and have met the screening standards as provided in s. 209 435.04. 210 (
f) Demonstrate fiscal soundness and accountability by: 211 1. Being in operation for at least 3 school years or 212 obtaining a surety bond or letter of credit for the amount equal 213 to the scholarship funds for any quarter and filing the surety 214 bond or letter of credit with the department. 215 2. Requiring the parent of each scholarship student to 216 personally restrictively endorse the scholarship warrant to the 217 school or to approve a funds transfer before any funds are 218 deposited for a student.
The school may not act as attorney in 219 fact for the parent of a scholarship student under the authority 220 of a power of attorney executed by such parent, or under any 221 other authority, to endorse a scholarship warrant or approve a 222 funds transfer on behalf of such parent. 223 (
g) Meet applicable state and local health, safety, and 224 welfare laws, codes, and rules, including: 225 1. Firesafety. 226 2. Building safety. 227 (
h) Employ or contract with teachers who hold baccalaureate 228 or higher degrees, have at least 3 years of teaching experience 229 in public or private schools, or have special skills, knowledge, 230 or expertise that qualifies them to provide instruction in 231 subjects taught. 232
Florida Senate - 2021 SB 1614 39-01332-21 20211614__ Page 9 of 17 CODING: Words stricken are deletions; words underlined are additions. (
i) Maintain a physical location in the state at which each 233 student has regular and direct contact with teachers. 234 (
j) Publish on the school’s website, or provide in a 235 written format, information for parents regarding the school, 236 including, but not limited to, programs, services, and the 237 qualifications of classroom teachers. 238 (
k) At a minimum, provide the parent of each scholarship 239 student with a written explanation of the student’s progress on 240 a quarterly basis. 241 (
l) Cooperate with a student whose parent chooses to 242 participate in the statewide assessments pursuant to s. 1008.22. 243 (
m) Require each employee and contracted personnel with 244 direct student contact, upon employment or engagement to provide 245 services, to undergo a state and national background screening, 246 pursuant to s. 943.0542, by electronically filing with the 247 Department of Law Enforcement a complete set of fingerprints 248 taken by an authorized law enforcement agency or an employee of 249 the private school, a school district, or a private company who 250 is trained to take fingerprints and deny employment to or 251 terminate an employee if he or she fails to meet the screening 252 standards under s. 435.04.
Results of the screening shall be 253 provided to the participating private school. For purposes of 254 this paragraph: 255 1. An “employee or contracted personnel with direct student 256 contact” means any employee or contracted personnel who has 257 unsupervised access to a scholarship student for whom the 258 private school is responsible. 259 2. The costs of fingerprinting and the background check 260 shall not be borne by the state. 261
Florida Senate - 2021 SB 1614 39-01332-21 20211614__ Page 10 of 17 CODING: Words stricken are deletions; words underlined are additions. 3. Continued employment of an employee or contracted 262 personnel after notification that he or she has failed the 263 background screening under this paragraph shall cause a private 264 school to be ineligible for participation in a scholarship 265 program. 266 4. An employee or contracted personnel holding a valid 267 Florida teaching certificate who has been fingerprinted pursuant 268 to s. 1012.32 is not required to comply with the provisions of 269 this paragraph. 270 5.
All fingerprints submitted to the Department of Law 271 Enforcement as required by this
section shall be retained by the 272 Department of Law Enforcement in a manner provided by rule and 273 entered in the statewide automated biometric identification 274 system authorized by s. 943.05(2)(b). Such fingerprints shall 275 thereafter be available for all purposes and uses authorized for 276 arrest fingerprints entered in the statewide automated biometric 277 identification system pursuant to s. 943.051. 278 6.
The Department of Law Enforcement shall search all 279 arrest fingerprints received under s. 943.051 against the 280 fingerprints retained in the statewide automated biometric 281 identification system under subparagraph 5. Any arrest record 282 that is identified with the retained fingerprints of a person 283 subject to the background screening under this
section shall be 284 reported to the employing school with which the person is 285 affiliated. Each private school participating in a scholarship 286 program is required to participate in this search process by 287 informing the Department of Law Enforcement of any change in the 288 employment or contractual status of its personnel whose 289 fingerprints are retained under subparagraph 5. The Department 290
Florida Senate - 2021 SB 1614 39-01332-21 20211614__ Page 11 of 17 CODING: Words stricken are deletions; words underlined are additions. of Law Enforcement shall adopt a rule setting the amount of the 291 annual fee to be imposed upon each private school for performing 292 these searches and establishing the procedures for the retention 293 of private school employee and contracted personnel fingerprints 294 and the dissemination of search results. The fee may be borne by 295 the private school or the person fingerprinted. 296 7.
Employees and contracted personnel whose fingerprints 297 are not retained by the Department of Law Enforcement under 298 subparagraphs 5. and 6. are required to be refingerprinted and 299 must meet state and national background screening requirements 300 upon reemployment or reengagement to provide services in order 301 to comply with the requirements of this section. 302 8. Every 5 years following employment or engagement to 303 provide services with a private school, employees or contracted 304 personnel required to be screened under this
section must meet 305 screening standards under s. 435.04, at which time the private 306 school shall request the Department of Law Enforcement to 307 forward the fingerprints to the Federal Bureau of Investigation 308 for national processing. If the fingerprints of employees or 309 contracted personnel are not retained by the Department of Law 310 Enforcement under subparagraph 5., employees and contracted 311 personnel must electronically file a complete set of 312 fingerprints with the Department of Law Enforcement.
Upon 313 submission of fingerprints for this purpose, the private school 314 shall request that the Department of Law Enforcement forward the 315 fingerprints to the Federal Bureau of Investigation for national 316 processing, and the fingerprints shall be retained by the 317 Department of Law Enforcement under subparagraph 5. 318 (
n) Adopt policies establishing standards of ethical 319
Florida Senate - 2021 SB 1614 39-01332-21 20211614__ Page 12 of 17 CODING: Words stricken are deletions; words underlined are additions. conduct for instructional personnel and school administrators. 320 The policies must require all instructional personnel and school 321 administrators, as defined in s. 1012.01, to complete training 322 on the standards; establish the duty of instructional personnel 323 and school administrators to report, and procedures for 324 reporting, alleged misconduct by other instructional personnel 325 and school administrators which affects the health, safety, or 326 welfare of a student; and include an explanation of the 327 liability protections provided under ss. 39.203 and 768.095.
A 328 private school, or any of its employees, may not enter into a 329 confidentiality agreement regarding terminated or dismissed 330 instructional personnel or school administrators, or personnel 331 or administrators who resign in lieu of termination, based in 332 whole or in part on misconduct that affects the health, safety, 333 or welfare of a student, and may not provide the instructional 334 personnel or school administrators with employment references or 335 discuss the personnel’s or administrators’ performance with 336 prospective employers in another educational setting, without 337 disclosing the personnel’s or administrators’ misconduct.
Any 338 part of an agreement or contract that has the purpose or effect 339 of concealing misconduct by instructional personnel or school 340 administrators which affects the health, safety, or welfare of a 341 student is void, is contrary to public policy, and may not be 342 enforced. 343 (
o) Before employing instructional personnel or school 344 administrators in any position that requires direct contact with 345 students, conduct employment history checks of each of the 346 personnel’s or administrators’ previous employers, screen the 347 personnel or administrators through use of the educator 348
Florida Senate - 2021 SB 1614 39-01332-21 20211614__ Page 13 of 17 CODING: Words stricken are deletions; words underlined are additions. screening tools described in s. 1001.10(5), and document the 349 findings. If unable to contact a previous employer, the private 350 school must document efforts to contact the employer. 351 (
p) Require each owner or operator of the private school, 352 prior to employment or engagement to provide services, to 353 undergo level 2 background screening as provided under
chapter 354 435. For purposes of this paragraph, the term “owner or 355 operator” means an owner, operator, superintendent, or principal 356 of, or a person with equivalent decisionmaking authority over, a 357 private school participating in a scholarship program 358 established pursuant to this chapter. The fingerprints for the 359 background screening must be electronically submitted to the 360 Department of Law Enforcement and may be taken by an authorized 361 law enforcement agency or a private company who is trained to 362 take fingerprints.
However, the complete set of fingerprints of 363 an owner or operator may not be taken by the owner or operator. 364 The owner or operator shall provide a copy of the results of the 365 state and national criminal history check to the Department of 366 Education. The cost of the background screening may be borne by 367 the owner or operator. 368 1.
Every 5 years following employment or engagement to 369 provide services, each owner or operator must meet level 2 370 screening standards as described in s. 435.04, at which time the 371 owner or operator shall request the Department of Law 372 Enforcement to forward the fingerprints to the Federal Bureau of 373 Investigation for level 2 screening. If the fingerprints of an 374 owner or operator are not retained by the Department of Law 375 Enforcement under subparagraph 2., the owner or operator must 376 electronically file a complete set of fingerprints with the 377
Florida Senate - 2021 SB 1614 39-01332-21 20211614__ Page 14 of 17 CODING: Words stricken are deletions; words underlined are additions. Department of Law Enforcement. Upon submission of fingerprints 378 for this purpose, the owner or operator shall request that the 379 Department of Law Enforcement forward the fingerprints to the 380 Federal Bureau of Investigation for level 2 screening, and the 381 fingerprints shall be retained by the Department of Law 382 Enforcement under subparagraph 2. 383 2.
Fingerprints submitted to the Department of Law 384 Enforcement as required by this paragraph must be retained by 385 the Department of Law Enforcement in a manner approved by rule 386 and entered in the statewide automated biometric identification 387 system authorized by s. 943.05(2)(b). The fingerprints must 388 thereafter be available for all purposes and uses authorized for 389 arrest fingerprints entered in the statewide automated biometric 390 identification system pursuant to s. 943.051. 391 3.
The Department of Law Enforcement shall search all 392 arrest fingerprints received under s. 943.051 against the 393 fingerprints retained in the statewide automated biometric 394 identification system under subparagraph 2. Any arrest record 395 that is identified with an owner’s or operator’s fingerprints 396 must be reported to the owner or operator, who must report to 397 the Department of Education. Any costs associated with the 398 search shall be borne by the owner or operator. 399 4.
An owner or operator who fails the level 2 background 400 screening is not eligible to participate in a scholarship 401 program under this chapter. 402 5. In addition to the offenses listed in s. 435.04, a 403 person required to undergo background screening pursuant to this 404 part or authorizing statutes may not have an arrest awaiting 405 final disposition for, must not have been found guilty of, or 406
Florida Senate - 2021 SB 1614 39-01332-21 20211614__ Page 15 of 17 CODING: Words stricken are deletions; words underlined are additions. entered a plea of nolo contendere to, regardless of 407 adjudication, and must not have been adjudicated delinquent for, 408 and the record must not have been sealed or expunged for, any of 409 the following offenses or any similar offense of another 410 jurisdiction: 411 a. Any authorizing statutes, if the offense was a felony. 412 b. This chapter, if the offense was a felony. 413 c.
Section 409.920, relating to Medicaid provider fraud. 414 d.
Section 409.9201, relating to Medicaid fraud. 415 e.
Section 741.28, relating to domestic violence. 416 f.
Section 817.034, relating to fraudulent acts through 417 mail, wire, radio, electromagnetic, photoelectronic, or 418 photooptical systems. 419 g.
Section 817.234, relating to false and fraudulent 420 insurance claims. 421 h.
Section 817.505, relating to patient brokering. 422 i.
Section 817.568, relating to criminal use of personal 423 identification information. 424 j.
Section 817.60, relating to obtaining a credit card 425 through fraudulent means. 426 k.
Section 817.61, relating to fraudulent use of credit 427 cards, if the offense was a felony. 428 l.
Section 831.01, relating to forgery. 429 m.
Section 831.02, relating to uttering forged instruments. 430 n.
Section 831.07, relating to forging bank bills, checks, 431 drafts, or promissory notes. 432 o.
Section 831.09, relating to uttering forged bank bills, 433 checks, drafts, or promissory notes. 434 p.
Section 831.30, relating to fraud in obtaining medicinal 435
Florida Senate - 2021 SB 1614 39-01332-21 20211614__ Page 16 of 17 CODING: Words stricken are deletions; words underlined are additions. drugs. 436 q.
Section 831.31, relating to the sale, manufacture, 437 delivery, or possession with the intent to sell, manufacture, or 438 deliver any counterfeit controlled substance, if the offense was 439 a felony. 440 6. At least 30 calendar days before a transfer of ownership 441 of a private school, the owner or operator shall notify the 442 parent of each scholarship student. 443 7. The owner or operator of a private school that has been 444 deemed ineligible to participate in a scholarship program 445 pursuant to this
chapter may not transfer ownership or 446 management authority of the school to a relative in order to 447 participate in a scholarship program as the same school or a new 448 school. For purposes of this subparagraph, the term “relative” 449 means father, mother, son, daughter, grandfather, grandmother, 450 brother, sister, uncle, aunt, cousin, nephew, niece, husband, 451 wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, 452 brother-in-law, sister-in-law, stepfather, stepmother, stepson, 453 stepdaughter, stepbrother, stepsister, half-brother, or half-454 sister. 455 (
q) Provide a report from an independent certified public 456 accountant who performs the agreed-upon procedures developed 457 pursuant to s. 1002.395(6)(
o) if the private school receives 458 more than $250,000 in funds from scholarships awarded under this 459
chapter in a state fiscal year. A private school subject to this 460 subsection must annually submit the report by September 15 to 461 the scholarship-funding organization that awarded the majority 462 of the school’s scholarship funds. However, a school that 463 receives more than $250,000 in scholarship funds only through 464
Florida Senate - 2021 SB 1614 39-01332-21 20211614__ Page 17 of 17 CODING: Words stricken are deletions; words underlined are additions. the John M. McKay Scholarship for Students with Disabilities 465 Program pursuant to s. 1002.39 must submit the annual report by 466 September 15 to the department.
The agreed-upon procedures must 467 be conducted in accordance with attestation standards 468 established by the American Institute of Certified Public 469 Accountants. 470 471 The department shall suspend the payment of funds to a private 472 school that knowingly fails to comply with this subsection, and 473 shall prohibit the school from enrolling new scholarship 474 students, for 1 fiscal year and until the school complies.
If a 475 private school fails to meet the requirements of this subsection 476 or has consecutive years of material exceptions listed in the 477 report required under paragraph (q), the commissioner may 478 determine that the private school is ineligible to participate 479 in a scholarship program. 480
Section 6. If any provision of this act or its application 481 to any person or circumstance is held invalid, the invalidity 482 does not affect other provisions or applications of the act 483 which can be given effect without the invalid provision or 484 application, and to this end the provisions of this act are 485 severable. 486