Senator Massey proposes the following amendment (SR-62.CEM0020S):

Amend the bill, as and if amended, SECTION 2, by striking Section 59-8-115(D) and inserting:

 (E)(D) The department shall approve an initial application for scholarship if:
  (1) the parent submits an annual application for a scholarship in accordance with the application and procedures established by the department;
  (2) the student on whose behalf the parent is applying is an eligible student;
  (3) funds are available for the ESTFscholarship; and
  (4) the parent signs an annual agreement with the departmentannually attests to the following:
   (a) to provide, at a minimum, a program of academic instruction for the eligible student in at least the subjects of English/language arts to include writing, mathematics, social studies, and science;
   (b) to acknowledge and agree to comply with the education service provider's prescribed curriculum, dress code, and other requirements of enrolled students;
   (c)(b) to ensure the scholarship student takes assessments as referenced in Section 59-8-150 or provides assessments in a similar manner through other means if the scholarship student does not receive full-time instruction from an education service provider;
   (d)(c) to use program fundsthe scholarship for qualifying expenses only for an approved provider to educate the scholarship student, subject to penalty;
   (e)(d) not to enroll their scholarship student in a public school as a full-time student in the resident school district, as defined in this chapter;
   (f)(e) not to participate in a home instruction program under Sections 59-65-40, 59-65-45, or 59-65-47;
   (g)(f) that includes documentation of the consultation process between the parent, the resident school district, the education service provider, and any school district that the education service provider contracts with under an IEP or services plan, for each scholarship student with a disability regarding the special education and related services, and the manner by which these services as listed in the student's IEP or services plan, will be provided to a scholarship student with a disability; and
   (h)(g) to confirm that, if the parent's child is a student with disabilities, the parent has received notice from the department that participation in the ESTF scholarship program is a parental placement of the scholarship student under IDEA, along with an explanation of the rights that parentally placed students possess under IDEA and any applicable state laws and regulations, including the consultation process provided for in 20 U.S.C. Section 1412(a)(10) and the Individual Education Program requirements described in Section 1414(d) of IDEA.
 (F)

Renumber sections to conform.

Amend title to conform.