Office of Independent Education & Parental Choice
Facility Compliance Resources
Private schools that participate in the state scholarship programs are required to maintain a physical location in Florida where scholarship students regularly attend classes and have regular and direct contact with private school teachers. The school's physical location must meet applicable state and local health, safety, and welfare laws, codes, and rules.
The Department of Education is not the agency that enforces these regulations; however the Department has compiled a detailed list of requirements to operate a private school in the state of Florida. Please note that the Department's list may not be all inclusive. Private schools are required to comply with all laws, rules, and regulations applicable for their location.
By signing and notarizing the Scholarship Compliance Form, a private school is certifying that it is currently in compliance with all scholarship program rules and reporting requirements and will remain in compliance throughout the school year.
Department of Health Private School Inspection Report
As a business involved in group care, Florida private schools are required to be periodically inspected by Florida's Department of Health. Every school facility is required to get a satisfactory group care environmental health inspection from the local county health department prior to opening or operating in Florida. In addition, any food service, including snacks or catered food, must be approved by the local county health department.
Contact your county Health Department to schedule the necessary inspections. They will provide the results using forms DH 4030 and DH 4023. Include a copy of the "Satisfactory" report(s) in your compliance package each year.
Fire Code Inspection
This inspection is conducted annually by your local Fire Department. There is no statewide fire inspection form, but the standards for the inspection are to be for an educational facility, private school, or life safety inspection as established by the State Fire Marshal's office. Your school is required to submit a copy of a "Satisfactory" or "Violation Free" inspection report with your compliance package.
Radon Testing Report
Florida Statute requires private schools in most counties to test and report radon levels in their facilities. If your county is NOT on the list of exempt counties, then your school must test and report.
Two radon tests are required of most private school facilities; the second test should be conducted five years after the initial testing.
The DOH Environmental Health website provides more information on radon testing requirements in your county.
The following counties are currently exempt from the mandatory radon testing:
| Baker | Bay | Bradford |
| Clay | Collier | Escambia |
| Flagler | Franklin | Glades |
| Hendry | Lafayette | Lake |
| Lee | Monroe | Okeechobee |
| Orange | Santa Rosa | Washington |
| Wakulla |
Changing a Private School's Physical Location
In order to notify the Department of Education of a change in physical location, a school must mail or fax an Update Notification Form to the school's Regional Manager in our office within fifteen (15) days of the move. The school will also need to submit documentation to verify that the new physical location is in compliance with all scholarship program requirements. If scholarship students are attending a physical location that is not compliant with all scholarship program requirements, the Commissioner of Education may deny, revoke, or suspend the private school from participation in the scholarship programs.
FAQs
- What should the administrators of a private school do when they know the school will be changing locations?
- After a private school notifies the Department of Education that it is operating at a new physical location, will the private school be allowed additional time to meet scholarship compliance requirements?
- What will happen if a private school changes locations and the new location is not compliant with the required health, fire, and radon inspections?
- How does the location change process differ for a private school that is opening a new location as opposed to changing locations?
Administrators should contact the Department of Health, local fire inspector, and other appropriate agencies to conduct all of the necessary inspections before any students begin attending school at the new location to ensure eligibility in the scholarship programs.
The new physical location must pass all health, fire, and radon inspections (if applicable) before any scholarship students begin attending the facility. The private school must complete all of the documentation necessary to maintain the school's continued compliance with scholarship program rules and requirements.
The Commissioner of Education may immediately suspend payment of scholarship funds if the Commissioner finds probable cause to believe that there is an imminent threat to the health, safety, or welfare of the students, or fraudulent activity on the part of the private school. The Commissioner has used this provision to suspend payment for private schools based on the inability of the private school to maintain a physical location that is compliant with certain state and local health and safety laws and rules.
Even though statute provides 15 days to inform us of a change in address, statute does not allow for any private school to operate in a location that has not met health and safety laws. Be sure to have all applicable inspections completed before transferring students to a new location.
If an existing private school is opening an additional school location, the school must apply as a "new school" for the new location only. A new school has 60 days from the time when the signed, notarized Scholarship Compliance Form is submitted to resolve any outstanding compliance issues to become eligible to participate in the scholarship programs. However, the school cannot have students at the new location until the new location meets all health and safety laws and rules.
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