Section 37-181-15 - [Repealed effective 7/1/2028] Obligations of schools to become and remain eligible(1) To ensure that students are treated fairly and kept safe, all eligible schools shall: (a) Comply with the nondiscrimination policies set forth in 42 USCS 1981;(b) Prior to a participating student's application for enrollment, provide parents or guardians with details of the school's programs, record of student achievement, qualifications, experience, capacities to serve students with special needs, and capacity to serve the participating student within the scope of their IEP;(c) Comply with all health and safety laws or codes that apply to nonpublic schools;(d) Hold a valid occupancy permit if required by their municipality;(e) Have no public record of fraud or malfeasance;(f) Require participating students to take a pre-assessment at the beginning of the school year and a post-assessment at the end of the school year. The eligible school shall have the option to select their current assessment used to demonstrate academic progress, a nationally standardized norm-referenced achievement test, or a current state board-approved screener;(g) Notify a parent or guardian applying for the ESA program that the parent or guardian waives the right of the participating student to an individual entitlement to a free and appropriate public education (FAPE) from their home school district, including special education and related services, for as long as the student is participating in the ESA program;(h) Conduct criminal background checks on employees and: (i) Exclude from employment any person not permitted by state law to work in a nonpublic school; and(ii) Exclude from employment any person who might reasonably pose a threat to the safety of students; and(i) An eligible school shall certify to the department upon enrollment of a participating student that the eligible school shall provide services for the participating student's disability or special education needs, or shall provide services addressing a participating student's IEP. Such certification must be received by the department before the ESA is reimbursed to an eligible student.(2) Failure to comply with these requirements shall deem the eligible school ineligible to participate in the ESA program the following year.Amended by Laws, 2024, ch. 518, HB 1229,§ 5, eff. 7/1/2024.Amended by Laws, 2020, ch. 386, SB 2594,§ 8, eff. 6/25/2020.Added by Laws, 2015, ch. 441, § 8, eff. 4/16/2015.