Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1696
       
       
       
       
       
       
                                Barcode 466794                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/14/2011           .                                
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       The Committee on Budget Subcommittee on Education Pre-K - 12
       Appropriations (Siplin) recommended the following:
       
    1         Senate Amendment to Amendment (129976) (with title
    2  amendment)
    3  
    4         Between lines 1624 and 1625
    5  insert:
    6         Section 29. College-preparatory boarding academy pilot
    7  program for at-risk students.—
    8         (1)PROGRAM CREATION.—The College-Preparatory Boarding
    9  Academy Pilot Program is created for the purpose of providing
   10  unique educational opportunities to dependent or at-risk
   11  children who are academic underperformers, but who have the
   12  potential to progress from at-risk to college-bound. The State
   13  Board of Education shall implement this program.
   14         (2)DEFINITIONS.—As used in this section, the term:
   15         (a)“Board” means the board of trustees of the college
   16  preparatory boarding academy for at-risk students.
   17         (b)“Eligible student” means a student who is a resident of
   18  the state and entitled to attend school in a participating
   19  school district; is at-risk of academic failure; is currently
   20  enrolled in grade 5 or 6; is from a family whose income is below
   21  200 percent of the federal poverty guidelines; and meets at
   22  least two of the following additional risk factors:
   23         1.The student has a record of suspensions, office
   24  referrals, or chronic truancy.
   25         2.The student has been referred for academic intervention
   26  or has not attained at least a proficient score on the state
   27  achievement assessment in English and language arts, reading, or
   28  mathematics.
   29         3.The student’s parent is a single parent.
   30         4.The student does not live with the student’s custodial
   31  parent.
   32         5.The student has received a referral from a school,
   33  teacher, counselor, dependency court circuit judge, or
   34  community-based care organization.
   35         6.The student resides in a household that receives a
   36  housing voucher or has been determined eligible for public
   37  housing assistance.
   38         7.A member of the student’s immediate family has been
   39  incarcerated.
   40         8.The student has been declared an adjudicated dependent
   41  by a court of competent jurisdiction.
   42         9.The student meets any additional criteria prescribed by
   43  an agreement between the State Board of Education and the
   44  operator of the program.
   45         (c)“Operator” means a private nonprofit corporation that
   46  is selected by the state under subsection (3) to operate the
   47  college-preparatory boarding academy for at-risk students.
   48         (d)“Program” means the college-preparatory boarding
   49  academy for at-risk students which includes:
   50         1.A remedial curriculum for middle school grades;
   51         2.The college-preparatory curriculum for high school
   52  grades;
   53         3.Extracurricular activities, including athletics and
   54  cultural events;
   55         4.College admissions counseling;
   56         5.Health and mental health services;
   57         6.Tutoring;
   58         7.Community service and service learning opportunities;
   59         8.A residential student life program;
   60         9.Extended school days and supplemental programs; and
   61         10.Professional services focused on the language arts
   62  standards, math standards, science standards, technology
   63  standards, and developmental or life skill standards using
   64  innovative and best practices for all students.
   65         (e)“Sponsor” means a public school district that acts as a
   66  sponsor pursuant to s. 1002.33, Florida Statutes.
   67         (3)PROPOSALS.—
   68         (a)The State Board of Education shall select a private
   69  nonprofit corporation to operate the college-preparatory
   70  boarding academy for at-risk students which meets the following
   71  qualifications:
   72         1.The nonprofit corporation has, or will receive as a
   73  condition of the contract, a public charter school authorized
   74  under s. 1002.33, Florida Statutes, to offer grades 6 through 12
   75  or has a partnership with a sponsor to operate a school.
   76         2.The nonprofit corporation has experience operating a
   77  school or program similar to that authorized under this section.
   78         3.The nonprofit corporation has demonstrated success with
   79  a school or program similar to that authorized under this
   80  section.
   81         4.The nonprofit corporation has the capacity to finance
   82  and secure private funds for the development of a campus for the
   83  program.
   84         (b)Within 60 days after July 1, 2011, the state board
   85  shall issue a request for proposals from private nonprofit
   86  corporations interested in operating the college preparatory
   87  academy for at-risk students. The state board shall select the
   88  operator from among the qualified responders within 120 days
   89  after the issuance of the requests for proposal.
   90         (c)Each proposal must contain the following information:
   91         1.The proposed location of the college-preparatory
   92  boarding academy;
   93         2.A plan for offering grade 6 in the program’s initial
   94  year of operation and a plan for expanding the grade levels
   95  offered by the school in subsequent years; and
   96         3.Any other information about the proposed educational
   97  program, facilities, or operations of the school as determined
   98  necessary by the state board.
   99         (4)CONTRACT.—The State Board of Education shall enter into
  100  a contract with the operator of the college-preparatory boarding
  101  academy. The contract must stipulate that:
  102         (a)The academy may operate only if, and to the extent
  103  that, it holds a valid charter authorized under s. 1002.33,
  104  Florida Statutes, or is authorized by a local school district
  105  defined as a sponsor pursuant to s. 1002.33, Florida Statutes.
  106         (b)The operator shall finance and oversee the acquisition
  107  of a facility for the academy.
  108         (c)The operator shall operate the academy in accordance
  109  with the terms of the proposal accepted by the state board.
  110         (d)The operator shall comply with this section.
  111         (e)The operator shall comply with any other provisions of
  112  law specified in the contract, the charter granted by the local
  113  school district or operating agreement with the sponsor, and the
  114  rules adopted by the state board for schools operating in this
  115  state.
  116         (f)The operator shall comply with the bylaws that it
  117  adopts.
  118         (g)The operator shall comply with standards for admission
  119  of students to the academy and the dismissal of students from
  120  the academy which are included in the contract and may be
  121  reevaluated and revised by mutual agreement between the operator
  122  and the state board.
  123         (h)The operator shall meet the academic goals and other
  124  performance standards established by the contract.
  125         (i)The state board or the operator may terminate the
  126  contract in accordance with the procedures specified in the
  127  contract, which shall at least require that the party seeking
  128  termination give prior written notice of the intent to terminate
  129  the contract and require that the party receiving the
  130  termination notice be granted an opportunity to redress any
  131  grievances cited therein.
  132         (j)If the school closes for any reason, the academy’s
  133  board of trustees shall execute the closing in a manner
  134  specified in the contract.
  135         (5)OPERATOR BYLAWS.—The operator of the college
  136  preparatory boarding academy for at-risk students shall adopt
  137  bylaws for the oversight and operation of the academy which are
  138  consistent with this section, state law, and the contract
  139  between the operator and the State Board of Education. The
  140  bylaws shall include procedures for the appointment of board
  141  members to the academy’s board of trustees, which may not exceed
  142  25 members, five members of which shall be appointed by the
  143  Governor with the advice and consent of the Senate. The bylaws
  144  shall be subject to approval of the state board.
  145         (6) OUTREACH.—The operator of the college-preparatory
  146  boarding academy shall adopt an outreach program with the local
  147  education agency or school district and community. The outreach
  148  program shall give special attention to the recruitment of
  149  children in the state’s foster care program as a dependent child
  150  or as a child in a program to prevent dependency who are
  151  academic underperformers who, if given the unique educational
  152  opportunity found in the program, have the potential to progress
  153  from at-risk children to college-bound children.
  154         (7)FUNDING.—The college-preparatory boarding academy shall
  155  be a public school and is part of the state’s program of
  156  education. If the program receives state funding from
  157  noneducation sources, the State Board of Education shall
  158  coordinate, streamline, and simplify any requirements to
  159  eliminate duplicate, redundant, or conflicting requirements and
  160  oversight by various governmental programs or agencies. The
  161  applicable regulating entities shall, to the maximum extent
  162  feasible, use independent reports and financial audits provided
  163  by the program and coordinated by the state board to eliminate
  164  or reduce contract and administrative reviews. Additional items
  165  may be suggested, if reasonable, to the state board to be
  166  included in independent reports and financial audits for the
  167  purpose of implementing this section. Reporting paperwork that
  168  is prepared for the state and local education agency must also
  169  be shared with and accepted by other state and local regulatory
  170  entities, to the maximum extent feasible.
  171         (8)PROGRAM CAPACITY.—Beginning August 2012, the college
  172  preparatory boarding academy shall admit 80 students. In each
  173  additional fiscal year, the program shall grow by an additional
  174  number of students, as specified in the contract, until the
  175  program reaches a capacity of 400 students.
  176         (9)STUDENT SERVICES.—Students enrolled in the program who
  177  have been adjudicated dependent must remain under the case
  178  management services and supervision of the lead agency and its
  179  respective providers. The operator may contract with its own
  180  licensed providers as necessary to provide services to children
  181  in the program and to ensure continuity of the full range of
  182  services required by children in foster care who attend the
  183  academy.
  184         (10)MEDICAID BILLING.—This section does not prohibit the
  185  operator from appropriately billing Medicaid for services
  186  rendered to eligible students through the program or from
  187  earning federal or local funding for services provided.
  188         (11)ADMISSION.—Any eligible student may apply for
  189  admission to the college-preparatory boarding academy. If more
  190  eligible students apply for admission than the number of
  191  students permitted by the capacity established by the board of
  192  trustees, admission shall be determined by lottery.
  193         (12) STUDENT HOUSING.—Notwithstanding ss. 409.1677(3)(d)and
  194  409.176, Florida Statutes, or any other provision of law, an
  195  operator may house and educate dependent, at-risk youth in its
  196  residential school for the purpose of facilitating the mission
  197  of the program and encouraging innovative practices.
  198         (13)ANNUAL REPORT.—
  199         (a)The State Board of Education shall issue an annual
  200  report for each college-preparatory boarding academy which
  201  includes all information applicable to schools.
  202         (b)Each college-preparatory boarding academy shall report
  203  to the Department of Education, in the form and manner
  204  prescribed in the contract, the following information:
  205         1.The total number of students enrolled in the academy;
  206         2.The number of students enrolled in the academy who are
  207  receiving special education services pursuant to an individual
  208  education plan; and
  209         3.Any additional information specified in the contract.
  210         (c)The operator shall comply with s. 1002.33, Florida
  211  Statutes, and shall annually assess reading and mathematics
  212  skills. The operator shall provide the student’s legal guardians
  213  with sufficient information on whether the student is reading at
  214  grade level and whether the child gains at least a year’s worth
  215  of learning for every year spent in the program.
  216         (14) RULES.—The State Board of Education shall adopt rules
  217  to administer this section. These rules must identify any
  218  existing rules that are applicable to the program and preempt
  219  any other rules that are not specified for the purpose of
  220  clarifying the rules that may be conflicting, redundant, or
  221  result in an unnecessary burden on the program or the operator.
  222  
  223  ================= T I T L E  A M E N D M E N T ================
  224         And the title is amended as follows:
  225         Delete line 1747
  226  and insert:
  227         education; creating the College Preparatory Boarding
  228         Academy Pilot Program for dependent or at-risk
  229         students; providing a purpose for the program;
  230         requiring that the State Board of Education implement
  231         the program; providing definitions; requiring that the
  232         state board select a private nonprofit corporation to
  233         operate the academy if certain qualifications are met;
  234         requiring that the state board request proposals from
  235         private nonprofit corporations; providing requirements
  236         for such proposals; requiring that the state board
  237         enter into a contract with the operator of the
  238         academy; requiring that the contract contain specified
  239         requirements; requiring that the operator adopt
  240         bylaws, subject to approval by the state board;
  241         requiring that the operator adopt an outreach program
  242         with the local education agency or school district and
  243         community; providing that the academy is a public
  244         school and part of the state’s education program;
  245         providing program funding guidelines; limiting the
  246         capacity of eligible students attending the academy;
  247         requiring that enrolled students remain under case
  248         management services and the supervision of the lead
  249         agency; authorizing the operator to appropriately bill
  250         Medicaid for services rendered to eligible students or
  251         earn federal or local funding for services provided;
  252         providing for eligible students to be admitted by
  253         lottery if the number of applicants exceeds the
  254         allowed capacity; authorizing the operator to board
  255         dependent, at-risk students; requiring the State Board
  256         of education to provide a report with certain
  257         information; authorizing the State Board of Education
  258         to adopt rules to administer this act; providing
  259         criteria; providing effective dates.