Florida Senate - 2013                             CS for SB 1096
       
       
       
       By the Committee on Education; and Senator Montford
       
       
       
       
       581-02010-13                                          20131096c1
    1                        A bill to be entitled                      
    2         An act relating to the repeal of education provisions;
    3         amending s. 403.7032, F.S.; removing a requirement
    4         that each K-12 public school annually report to the
    5         county on recycled materials; repealing s. 1001.26(3),
    6         F.S.; removing duplicative, redundant, or unused
    7         rulemaking authority; repealing s. 1001.435, F.S.,
    8         relating to a K-12 foreign language curriculum plan;
    9         repealing s. 1002.23(4), (6), and (9), F.S., relating
   10         to a parent-response center, submission of family
   11         involvement and empowerment rules by district school
   12         boards, and State Board of Education compliance review
   13         and enforcement under the Family and School
   14         Partnership for Student Achievement Act; repealing s.
   15         1002.32(10), F.S.; removing duplicative, redundant, or
   16         unused rulemaking authority; repealing s. 1002.361,
   17         F.S., relating to a direct-support organization for
   18         the Florida School for the Deaf and the Blind;
   19         repealing s. 1002.375, F.S., relating to a pilot
   20         project to award alternative credit for high school
   21         courses; repealing s. 1003.4285(1), F.S., relating to
   22         a standard high school diploma designation that
   23         indicates a student’s major area of interest;
   24         repealing s. 1003.43, F.S., relating to general
   25         requirements for high school graduation; repealing s.
   26         1003.433(5), F.S.; removing duplicative, redundant, or
   27         unused rulemaking authority; repealing s. 1003.453(2),
   28         F.S., relating to information on school wellness and
   29         physical education policies posted on Department of
   30         Education and school district websites; repealing s.
   31         1003.496, F.S., relating to the High School to
   32         Business Career Enhancement Program; repealing s.
   33         1004.05, F.S., relating to substance abuse training
   34         programs for specified public school personnel;
   35         amending s. 1004.435, F.S.; removing duplicative,
   36         redundant, or unused rulemaking authority; amending s.
   37         1004.45, F.S.; removing unnecessary rulemaking
   38         authority; repealing s. 1004.62, F.S., relating to
   39         incentives for state university student internships to
   40         study urban or socially and economically disadvantaged
   41         areas; repealing s. 1004.77, F.S., relating to centers
   42         of technology innovation; repealing s. 1006.02, F.S.,
   43         relating to provision of information to students and
   44         parents regarding school-to-work transition; repealing
   45         s. 1006.035, F.S., relating to a dropout reentry and
   46         mentor project; repealing s. 1006.051, F.S., relating
   47         to the Sunshine Workforce Solutions Grant Program;
   48         repealing s. 1006.09(1)(d), F.S., relating to duties
   49         of school principals with respect to annual reporting
   50         and analysis of student suspensions and expulsions;
   51         repealing ss. 1006.17 and 1006.70, F.S., relating to
   52         sponsorship of athletic activities similar to those
   53         for which scholarships are offered; repealing s.
   54         1006.65, F.S., relating to safety issues in courses
   55         offered by public postsecondary educational
   56         institutions; repealing s. 1007.21, F.S., relating to
   57         readiness for postsecondary education and the
   58         workplace; repealing s. 1007.35(10), F.S.; removing
   59         duplicative, redundant, or unused rulemaking
   60         authority; repealing s. 1008.31(3)(d) and (e), F.S.,
   61         relating to review and reporting duties of the
   62         Commissioner of Education with respect to
   63         consolidating paperwork under Florida’s K-20 education
   64         performance accountability system; repealing s.
   65         1009.68, F.S., relating to the Florida Minority
   66         Medical Education Program; amending s. 1009.85, F.S.;
   67         removing duplicative, redundant, or unused rulemaking
   68         authority; repealing s. 1012.58, F.S., relating to the
   69         Transition to Teaching Program; repealing s.
   70         1012.71(6), F.S., relating to a pilot program for
   71         establishing an electronic management system for the
   72         Florida Teachers Lead Program; repealing s. 1013.231,
   73         F.S., relating to Florida College System institution
   74         and state university energy consumption reduction;
   75         repealing s. 1013.32, F.S., relating to exceptions to
   76         recommendations in educational plant surveys;
   77         repealing ss. 1013.42 and 1013.72, F.S., relating to
   78         the School Infrastructure Thrift (SIT) Program;
   79         repealing ss. 1013.502 and 1013.721, F.S., relating to
   80         A Business-Community (ABC) School Program; repealing
   81         s. 1013.64(7), F.S., relating to exceptions from
   82         Special Facility Construction Account requirements;
   83         repealing s. 1013.73, F.S., relating to effort index
   84         grants for school district facilities; amending ss.
   85         120.81, 250.115, 409.1451, 1001.11, 1002.20, 1002.33,
   86         1002.34, 1002.45, 1003.03, 1003.429, 1003.438,
   87         1003.49, 1004.70, 1004.71, 1006.025, 1006.15,
   88         1007.263, 1007.271, 1008.22, 1008.23, 1009.40,
   89         1009.531, 1009.94, 1011.61, 1013.35, 1013.356,
   90         1013.41, 1013.64, 1013.69, and 1013.738, F.S.;
   91         conforming provisions; providing effective dates.
   92  
   93  Be It Enacted by the Legislature of the State of Florida:
   94  
   95         Section 1. Subsection (3) of section 403.7032, Florida
   96  Statutes, is amended to read:
   97         403.7032 Recycling.—
   98         (3) Each state agency, K-12 public school, public
   99  institution of higher learning, community college, and state
  100  university, including all buildings that are occupied by
  101  municipal, county, or state employees and entities occupying
  102  buildings managed by the Department of Management Services,
  103  must, at a minimum, annually report all recycled materials to
  104  the county using the department’s designated reporting format.
  105  Private businesses, other than certified recovered materials
  106  dealers, that recycle paper, metals, glass, plastics, textiles,
  107  rubber materials, and mulch, are encouraged to report the amount
  108  of materials they recycle to the county annually beginning
  109  January 1, 2011, using the department’s designated reporting
  110  format. Using the information provided, the department shall
  111  recognize those private businesses that demonstrate outstanding
  112  recycling efforts. Notwithstanding any other provision of state
  113  or county law, private businesses, other than certified
  114  recovered materials dealers, shall not be required to report
  115  recycling rates. Cities with less than a population of 2,500 and
  116  per capita taxable value less than $48,000 and cities with a per
  117  capita taxable value less than $30,000 are exempt from the
  118  reporting requirement specified in this subsection.
  119         Section 2. Subsection (3) of section 1001.26, Florida
  120  Statutes, is repealed.
  121         Section 3. Section 1001.435, Florida Statutes, is repealed.
  122         Section 4. Subsections (4), (6), and (9) of section
  123  1002.23, Florida Statutes, are repealed.
  124         Section 5. Subsection (10) of section 1002.32, Florida
  125  Statutes, is repealed.
  126         Section 6. Section 1002.361, Florida Statutes, is repealed.
  127         Section 7. Section 1002.375, Florida Statutes, is repealed.
  128         Section 8. Subsection (1) of section 1003.4285, Florida
  129  Statutes, is repealed.
  130         Section 9. Section 1003.43, Florida Statutes, is repealed.
  131         Section 10. Subsection (5) of section 1003.433, Florida
  132  Statutes, is repealed.
  133         Section 11. Subsection (2) of section 1003.453, Florida
  134  Statutes, is repealed.
  135         Section 12. Section 1003.496, Florida Statutes, is
  136  repealed.
  137         Section 13. Section 1004.05, Florida Statutes, is repealed.
  138         Section 14. Paragraphs (c) and (d) of subsection (5) of
  139  section 1004.435, Florida Statutes, are amended to read:
  140         1004.435 Cancer control and research.—
  141         (5) RESPONSIBILITIES OF THE BOARD OF GOVERNORS, THE H. LEE
  142  MOFFITT CANCER CENTER AND RESEARCH INSTITUTE, INC., AND THE
  143  STATE SURGEON GENERAL.—
  144         (c) The Board of Governors or the State Surgeon General,
  145  after consultation with the council, may adopt rules necessary
  146  for the implementation of this section.
  147         (c)(d) The State Surgeon General, after consultation with
  148  the council, shall make rules specifying to what extent and on
  149  what terms and conditions cancer patients of the state may
  150  receive financial aid for the diagnosis and treatment of cancer
  151  in any hospital or clinic selected. The department may furnish
  152  to citizens of this state who are afflicted with cancer
  153  financial aid to the extent of the appropriation provided for
  154  that purpose in a manner which in its opinion will afford the
  155  greatest benefit to those afflicted and may make arrangements
  156  with hospitals, laboratories, or clinics to afford proper care
  157  and treatment for cancer patients in this state.
  158         Section 15. Paragraph (g) of subsection (2) of section
  159  1004.45, Florida Statutes, is amended to read:
  160         1004.45 Ringling Center for Cultural Arts.—
  161         (2)
  162         (g) The university, in consultation with the direct-support
  163  organization, shall establish policies and may adopt rules for
  164  the sale or exchange of works of art.
  165         Section 16. Section 1004.62, Florida Statutes, is repealed.
  166         Section 17. Section 1004.77, Florida Statutes, is repealed.
  167         Section 18. Section 1006.02, Florida Statutes, is repealed.
  168         Section 19. Section 1006.035, Florida Statutes, is
  169  repealed.
  170         Section 20. Section 1006.051, Florida Statutes, is
  171  repealed.
  172         Section 21. Paragraph (d) of subsection (1) of section
  173  1006.09, Florida Statutes, is repealed.
  174         Section 22. Sections 1006.17 and 1006.70, Florida Statutes,
  175  are repealed.
  176         Section 23. Section 1006.65, Florida Statutes, is repealed.
  177         Section 24. Section 1007.21, Florida Statutes, is repealed.
  178         Section 25. Subsection (10) of section 1007.35, Florida
  179  Statutes, is repealed.
  180         Section 26. Paragraphs (d) and (e) of subsection (3) of
  181  section 1008.31, Florida Statutes, are repealed.
  182         Section 27. Section 1009.68, Florida Statutes, is repealed.
  183         Section 28. Section 1009.85, Florida Statutes, is amended
  184  to read:
  185         1009.85 Participation in guaranteed student loan program.
  186  The State Board of Education shall adopt rules necessary for
  187  participation in the guaranteed student loan program, as
  188  provided by the Higher Education Act of 1965 (20 U.S.C. ss. 1071
  189  et seq.), as amended or as may be amended. The intent of this
  190  act is to authorize student loans when this state, through the
  191  Department of Education, has become an eligible lender under the
  192  provisions of the applicable federal laws providing for the
  193  guarantee of loans to students and the partial payment of
  194  interest on such loans by the United States Government.
  195         Section 29. Section 1012.58, Florida Statutes, is repealed.
  196         Section 30. Subsection (6) of section 1012.71, Florida
  197  Statutes, is repealed.
  198         Section 31. Section 1013.231, Florida Statutes, is
  199  repealed.
  200         Section 32. Section 1013.32, Florida Statutes, is repealed.
  201         Section 33. Sections 1013.42 and 1013.72, Florida Statutes,
  202  are repealed.
  203         Section 34. Sections 1013.502 and 1013.721, Florida
  204  Statutes, are repealed.
  205         Section 35. Effective July 1, 2013, subsection (7) of
  206  section 1013.64, Florida Statutes, is repealed.
  207         Section 36. Section 1013.73, Florida Statutes, is repealed.
  208         Section 37. Paragraph (c) of subsection (1) of section
  209  120.81, Florida Statutes, is amended to read:
  210         120.81 Exceptions and special requirements; general areas.—
  211         (1) EDUCATIONAL UNITS.—
  212         (c) Notwithstanding s. 120.52(16), any tests, test scoring
  213  criteria, or testing procedures relating to student assessment
  214  which are developed or administered by the Department of
  215  Education pursuant to s. 1003.428 1003.43, s. 1003.429, s.
  216  1003.438, s. 1008.22, or s. 1008.25, or any other statewide
  217  educational tests required by law, are not rules.
  218         Section 38. Subsection (5) of section 250.115, Florida
  219  Statutes, is amended to read:
  220         250.115 Department of Military Affairs direct-support
  221  organization.—
  222         (5) ACTIVITIES; RESTRICTIONS.—Any transaction or agreement
  223  between the direct-support organization organized pursuant to
  224  this section and another direct-support organization or center
  225  of technology innovation designated under s. 1004.77 must be
  226  approved by the Department of Military Affairs.
  227         Section 39. Paragraph (b) of subsection (5) of section
  228  409.1451, Florida Statutes, is amended to read:
  229         409.1451 Independent living transition services.—
  230         (5) SERVICES FOR YOUNG ADULTS FORMERLY IN FOSTER CARE.
  231  Based on the availability of funds, the department shall provide
  232  or arrange for the following services to young adults formerly
  233  in foster care who meet the prescribed conditions and are
  234  determined eligible by the department. The department, or a
  235  community-based care lead agency when the agency is under
  236  contract with the department to provide the services described
  237  under this subsection, shall develop a plan to implement those
  238  services. A plan shall be developed for each community-based
  239  care service area in the state. Each plan that is developed by a
  240  community-based care lead agency shall be submitted to the
  241  department. Each plan shall include the number of young adults
  242  to be served each month of the fiscal year and specify the
  243  number of young adults who will reach 18 years of age who will
  244  be eligible for the plan and the number of young adults who will
  245  reach 23 years of age and will be ineligible for the plan or who
  246  are otherwise ineligible during each month of the fiscal year;
  247  staffing requirements and all related costs to administer the
  248  services and program; expenditures to or on behalf of the
  249  eligible recipients; costs of services provided to young adults
  250  through an approved plan for housing, transportation, and
  251  employment; reconciliation of these expenses and any additional
  252  related costs with the funds allocated for these services; and
  253  an explanation of and a plan to resolve any shortages or
  254  surpluses in order to end the fiscal year with a balanced
  255  budget. The categories of services available to assist a young
  256  adult formerly in foster care to achieve independence are:
  257         (b) Road-to-Independence Program.—
  258         1. The Road-to-Independence Program is intended to help
  259  eligible students who are former foster children in this state
  260  to receive the educational and vocational training needed to
  261  achieve independence. The amount of the award shall be based on
  262  the living and educational needs of the young adult and may be
  263  up to, but may not exceed, the amount of earnings that the
  264  student would have been eligible to earn working a 40-hour-a
  265  week federal minimum wage job.
  266         2. A young adult who has earned a standard high school
  267  diploma or its equivalent as described in s. 1003.428, s.
  268  1003.429, 1003.43 or s. 1003.435, has earned a special diploma
  269  or special certificate of completion as described in s.
  270  1003.438, or has reached 18 years of age but is not yet 21 years
  271  of age is eligible for the initial award, and a young adult
  272  under 23 years of age is eligible for renewal awards, if he or
  273  she:
  274         a. Was a dependent child, under chapter 39, and was living
  275  in licensed foster care or in subsidized independent living at
  276  the time of his or her 18th birthday or is currently living in
  277  licensed foster care or subsidized independent living, or, after
  278  reaching the age of 16, was adopted from foster care or placed
  279  with a court-approved dependency guardian and has spent a
  280  minimum of 6 months in foster care immediately preceding such
  281  placement or adoption;
  282         b. Spent at least 6 months living in foster care before
  283  reaching his or her 18th birthday;
  284         c. Is a resident of this state as defined in s. 1009.40;
  285  and
  286         d. Meets one of the following qualifications:
  287         (I) Has earned a standard high school diploma or its
  288  equivalent as described in s. 1003.428, s. 1003.429, 1003.43 or
  289  s. 1003.435, or has earned a special diploma or special
  290  certificate of completion as described in s. 1003.438, and has
  291  been admitted for full-time enrollment in an eligible
  292  postsecondary education institution as defined in s. 1009.533;
  293         (II) Is enrolled full time in an accredited high school; or
  294         (III) Is enrolled full time in an accredited adult
  295  education program designed to provide the student with a high
  296  school diploma or its equivalent.
  297         3. A young adult applying for the Road-to-Independence
  298  Program must apply for any other grants and scholarships for
  299  which he or she may qualify. The department shall assist the
  300  young adult in the application process and may use the federal
  301  financial aid grant process to determine the funding needs of
  302  the young adult.
  303         4. An award shall be available to a young adult who is
  304  considered a full-time student or its equivalent by the
  305  educational institution in which he or she is enrolled, unless
  306  that young adult has a recognized disability preventing full
  307  time attendance. The amount of the award, whether it is being
  308  used by a young adult working toward completion of a high school
  309  diploma or its equivalent or working toward completion of a
  310  postsecondary education program, shall be determined based on an
  311  assessment of the funding needs of the young adult. This
  312  assessment must consider the young adult’s living and
  313  educational costs and other grants, scholarships, waivers,
  314  earnings, and other income to be received by the young adult. An
  315  award shall be available only to the extent that other grants
  316  and scholarships are not sufficient to meet the living and
  317  educational needs of the young adult, but an award may not be
  318  less than $25 in order to maintain Medicaid eligibility for the
  319  young adult as provided in s. 409.903.
  320         5. The amount of the award may be disregarded for purposes
  321  of determining the eligibility for, or the amount of, any other
  322  federal or federally supported assistance.
  323         6.a. The department must advertise the criteria,
  324  application procedures, and availability of the program to:
  325         (I) Children and young adults in, leaving, or formerly in
  326  foster care.
  327         (II) Case managers.
  328         (III) Guidance and family services counselors.
  329         (IV) Principals or other relevant school administrators.
  330         (V) Guardians ad litem.
  331         (VI) Foster parents.
  332         b. The department shall issue awards from the program for
  333  each young adult who meets all the requirements of the program
  334  to the extent funding is available.
  335         c. An award shall be issued at the time the eligible
  336  student reaches 18 years of age.
  337         d. A young adult who is eligible for the Road-to
  338  Independence Program, transitional support services, or
  339  aftercare services and who so desires shall be allowed to reside
  340  with the licensed foster family or group care provider with whom
  341  he or she was residing at the time of attaining his or her 18th
  342  birthday or to reside in another licensed foster home or with a
  343  group care provider arranged by the department.
  344         e. If the award recipient transfers from one eligible
  345  institution to another and continues to meet eligibility
  346  requirements, the award must be transferred with the recipient.
  347         f. Funds awarded to any eligible young adult under this
  348  program are in addition to any other services or funds provided
  349  to the young adult by the department through transitional
  350  support services or aftercare services.
  351         g. The department shall provide information concerning
  352  young adults receiving funding through the Road-to-Independence
  353  Program to the Department of Education for inclusion in the
  354  student financial assistance database, as provided in s.
  355  1009.94.
  356         h. Funds are intended to help eligible young adults who are
  357  former foster children in this state to receive the educational
  358  and vocational training needed to become independent and self
  359  supporting. The funds shall be terminated when the young adult
  360  has attained one of four postsecondary goals under subsection
  361  (3) or reaches 23 years of age, whichever occurs earlier. In
  362  order to initiate postsecondary education, to allow for a change
  363  in career goal, or to obtain additional skills in the same
  364  educational or vocational area, a young adult may earn no more
  365  than two diplomas, certificates, or credentials. A young adult
  366  attaining an associate of arts or associate of science degree
  367  shall be permitted to work toward completion of a bachelor of
  368  arts or a bachelor of science degree or an equivalent
  369  undergraduate degree. Road-to-Independence Program funds may not
  370  be used for education or training after a young adult has
  371  attained a bachelor of arts or a bachelor of science degree or
  372  an equivalent undergraduate degree.
  373         i. The department shall evaluate and renew each award
  374  annually during the 90-day period before the young adult’s
  375  birthday. In order to be eligible for a renewal award for the
  376  subsequent year, the young adult must:
  377         (I) Complete the number of hours, or the equivalent
  378  considered full time by the educational institution, unless that
  379  young adult has a recognized disability preventing full-time
  380  attendance, in the last academic year in which the young adult
  381  earned an award, except for a young adult who meets the
  382  requirements of s. 1009.41.
  383         (II) Maintain appropriate progress as required by the
  384  educational institution, except that, if the young adult’s
  385  progress is insufficient to renew the award at any time during
  386  the eligibility period, the young adult may restore eligibility
  387  by improving his or her progress to the required level.
  388         j. Funds may be terminated during the interim between an
  389  award and the evaluation for a renewal award if the department
  390  determines that the award recipient is no longer enrolled in an
  391  educational institution as defined in sub-subparagraph 2.d., or
  392  is no longer a state resident. The department shall notify a
  393  recipient who is terminated and inform the recipient of his or
  394  her right to appeal.
  395         k. An award recipient who does not qualify for a renewal
  396  award or who chooses not to renew the award may subsequently
  397  apply for reinstatement. An application for reinstatement must
  398  be made before the young adult reaches 23 years of age, and a
  399  student may not apply for reinstatement more than once. In order
  400  to be eligible for reinstatement, the young adult must meet the
  401  eligibility criteria and the criteria for award renewal for the
  402  program.
  403         Section 40. Subsection (7) of section 1001.11, Florida
  404  Statutes, is amended to read:
  405         1001.11 Commissioner of Education; other duties.—
  406         (7) The commissioner shall make prominently available on
  407  the department’s website the following: links to the Internet
  408  based clearinghouse for professional development regarding
  409  physical education; the school wellness and physical education
  410  policies and other resources required under s. 1003.453(1) and
  411  (2); and other Internet sites that provide professional
  412  development for elementary teachers of physical education as
  413  defined in s. 1003.01(16). These links must provide elementary
  414  teachers with information concerning current physical education
  415  and nutrition philosophy and best practices that result in
  416  student participation in physical activities that promote
  417  lifelong physical and mental well-being.
  418         Section 41. Paragraph (f) of subsection (3) and subsection
  419  (8) of section 1002.20, Florida Statutes, are amended to read:
  420         1002.20 K-12 student and parent rights.—Parents of public
  421  school students must receive accurate and timely information
  422  regarding their child’s academic progress and must be informed
  423  of ways they can help their child to succeed in school. K-12
  424  students and their parents are afforded numerous statutory
  425  rights including, but not limited to, the following:
  426         (3) HEALTH ISSUES.—
  427         (f) Career education courses involving hazardous
  428  substances.—High school students must be given plano safety
  429  glasses or devices in career education courses involving the use
  430  of hazardous substances likely to cause eye injury, in
  431  accordance with the provisions of s. 1006.65.
  432         (8) STUDENTS WITH DISABILITIES.—Parents of public school
  433  students with disabilities and parents of public school students
  434  in residential care facilities are entitled to notice and due
  435  process in accordance with the provisions of ss. 1003.57 and
  436  1003.58. Public school students with disabilities must be
  437  provided the opportunity to meet the graduation requirements for
  438  a standard high school diploma in accordance with the provisions
  439  of s. 1003.428(3) 1003.43(4). Certain public school students
  440  with disabilities may be awarded a special diploma upon high
  441  school graduation.
  442         Section 42. Paragraph (a) of subsection (7) of section
  443  1002.33, Florida Statutes, is amended to read:
  444         1002.33 Charter schools.—
  445         (7) CHARTER.—The major issues involving the operation of a
  446  charter school shall be considered in advance and written into
  447  the charter. The charter shall be signed by the governing board
  448  of the charter school and the sponsor, following a public
  449  hearing to ensure community input.
  450         (a) The charter shall address and criteria for approval of
  451  the charter shall be based on:
  452         1. The school’s mission, the students to be served, and the
  453  ages and grades to be included.
  454         2. The focus of the curriculum, the instructional methods
  455  to be used, any distinctive instructional techniques to be
  456  employed, and identification and acquisition of appropriate
  457  technologies needed to improve educational and administrative
  458  performance which include a means for promoting safe, ethical,
  459  and appropriate uses of technology which comply with legal and
  460  professional standards.
  461         a. The charter shall ensure that reading is a primary focus
  462  of the curriculum and that resources are provided to identify
  463  and provide specialized instruction for students who are reading
  464  below grade level. The curriculum and instructional strategies
  465  for reading must be consistent with the Sunshine State Standards
  466  and grounded in scientifically based reading research.
  467         b. In order to provide students with access to diverse
  468  instructional delivery models, to facilitate the integration of
  469  technology within traditional classroom instruction, and to
  470  provide students with the skills they need to compete in the
  471  21st century economy, the Legislature encourages instructional
  472  methods for blended learning courses consisting of both
  473  traditional classroom and online instructional techniques.
  474  Charter schools may implement blended learning courses which
  475  combine traditional classroom instruction and virtual
  476  instruction. Students in a blended learning course must be full
  477  time students of the charter school and receive the online
  478  instruction in a classroom setting at the charter school.
  479  Instructional personnel certified pursuant to s. 1012.55 who
  480  provide virtual instruction for blended learning courses may be
  481  employees of the charter school or may be under contract to
  482  provide instructional services to charter school students. At a
  483  minimum, such instructional personnel must hold an active state
  484  or school district adjunct certification under s. 1012.57 for
  485  the subject area of the blended learning course. The funding and
  486  performance accountability requirements for blended learning
  487  courses are the same as those for traditional courses.
  488         3. The current incoming baseline standard of student
  489  academic achievement, the outcomes to be achieved, and the
  490  method of measurement that will be used. The criteria listed in
  491  this subparagraph shall include a detailed description of:
  492         a. How the baseline student academic achievement levels and
  493  prior rates of academic progress will be established.
  494         b. How these baseline rates will be compared to rates of
  495  academic progress achieved by these same students while
  496  attending the charter school.
  497         c. To the extent possible, how these rates of progress will
  498  be evaluated and compared with rates of progress of other
  499  closely comparable student populations.
  500  
  501  The district school board is required to provide academic
  502  student performance data to charter schools for each of their
  503  students coming from the district school system, as well as
  504  rates of academic progress of comparable student populations in
  505  the district school system.
  506         4. The methods used to identify the educational strengths
  507  and needs of students and how well educational goals and
  508  performance standards are met by students attending the charter
  509  school. The methods shall provide a means for the charter school
  510  to ensure accountability to its constituents by analyzing
  511  student performance data and by evaluating the effectiveness and
  512  efficiency of its major educational programs. Students in
  513  charter schools shall, at a minimum, participate in the
  514  statewide assessment program created under s. 1008.22.
  515         5. In secondary charter schools, a method for determining
  516  that a student has satisfied the requirements for graduation in
  517  s. 1003.428 or, s. 1003.429, or s. 1003.43.
  518         6. A method for resolving conflicts between the governing
  519  board of the charter school and the sponsor.
  520         7. The admissions procedures and dismissal procedures,
  521  including the school’s code of student conduct.
  522         8. The ways by which the school will achieve a
  523  racial/ethnic balance reflective of the community it serves or
  524  within the racial/ethnic range of other public schools in the
  525  same school district.
  526         9. The financial and administrative management of the
  527  school, including a reasonable demonstration of the professional
  528  experience or competence of those individuals or organizations
  529  applying to operate the charter school or those hired or
  530  retained to perform such professional services and the
  531  description of clearly delineated responsibilities and the
  532  policies and practices needed to effectively manage the charter
  533  school. A description of internal audit procedures and
  534  establishment of controls to ensure that financial resources are
  535  properly managed must be included. Both public sector and
  536  private sector professional experience shall be equally valid in
  537  such a consideration.
  538         10. The asset and liability projections required in the
  539  application which are incorporated into the charter and shall be
  540  compared with information provided in the annual report of the
  541  charter school.
  542         11. A description of procedures that identify various risks
  543  and provide for a comprehensive approach to reduce the impact of
  544  losses; plans to ensure the safety and security of students and
  545  staff; plans to identify, minimize, and protect others from
  546  violent or disruptive student behavior; and the manner in which
  547  the school will be insured, including whether or not the school
  548  will be required to have liability insurance, and, if so, the
  549  terms and conditions thereof and the amounts of coverage.
  550         12. The term of the charter which shall provide for
  551  cancellation of the charter if insufficient progress has been
  552  made in attaining the student achievement objectives of the
  553  charter and if it is not likely that such objectives can be
  554  achieved before expiration of the charter. The initial term of a
  555  charter shall be for 4 or 5 years. In order to facilitate access
  556  to long-term financial resources for charter school
  557  construction, charter schools that are operated by a
  558  municipality or other public entity as provided by law are
  559  eligible for up to a 15-year charter, subject to approval by the
  560  district school board. A charter lab school is eligible for a
  561  charter for a term of up to 15 years. In addition, to facilitate
  562  access to long-term financial resources for charter school
  563  construction, charter schools that are operated by a private,
  564  not-for-profit, s. 501(c)(3) status corporation are eligible for
  565  up to a 15-year charter, subject to approval by the district
  566  school board. Such long-term charters remain subject to annual
  567  review and may be terminated during the term of the charter, but
  568  only according to the provisions set forth in subsection (8).
  569         13. The facilities to be used and their location.
  570         14. The qualifications to be required of the teachers and
  571  the potential strategies used to recruit, hire, train, and
  572  retain qualified staff to achieve best value.
  573         15. The governance structure of the school, including the
  574  status of the charter school as a public or private employer as
  575  required in paragraph (12)(i).
  576         16. A timetable for implementing the charter which
  577  addresses the implementation of each element thereof and the
  578  date by which the charter shall be awarded in order to meet this
  579  timetable.
  580         17. In the case of an existing public school that is being
  581  converted to charter status, alternative arrangements for
  582  current students who choose not to attend the charter school and
  583  for current teachers who choose not to teach in the charter
  584  school after conversion in accordance with the existing
  585  collective bargaining agreement or district school board rule in
  586  the absence of a collective bargaining agreement. However,
  587  alternative arrangements shall not be required for current
  588  teachers who choose not to teach in a charter lab school, except
  589  as authorized by the employment policies of the state university
  590  which grants the charter to the lab school.
  591         18. Full disclosure of the identity of all relatives
  592  employed by the charter school who are related to the charter
  593  school owner, president, chairperson of the governing board of
  594  directors, superintendent, governing board member, principal,
  595  assistant principal, or any other person employed by the charter
  596  school who has equivalent decisionmaking authority. For the
  597  purpose of this subparagraph, the term “relative” means father,
  598  mother, son, daughter, brother, sister, uncle, aunt, first
  599  cousin, nephew, niece, husband, wife, father-in-law, mother-in
  600  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
  601  stepfather, stepmother, stepson, stepdaughter, stepbrother,
  602  stepsister, half brother, or half sister.
  603         19. Implementation of the activities authorized under s.
  604  1002.331 by the charter school when it satisfies the eligibility
  605  requirements for a high-performing charter school. A high
  606  performing charter school shall notify its sponsor in writing by
  607  March 1 if it intends to increase enrollment or expand grade
  608  levels the following school year. The written notice shall
  609  specify the amount of the enrollment increase and the grade
  610  levels that will be added, as applicable.
  611         Section 43. Paragraph (g) of subsection (4) of section
  612  1002.34, Florida Statutes, is amended to read:
  613         1002.34 Charter technical career centers.—
  614         (4) CHARTER.—A sponsor may designate centers as provided in
  615  this section. An application to establish a center may be
  616  submitted by a sponsor or another organization that is
  617  determined, by rule of the State Board of Education, to be
  618  appropriate. However, an independent school is not eligible for
  619  status as a center. The charter must be signed by the governing
  620  body of the center and the sponsor and must be approved by the
  621  district school board and Florida College System institution
  622  board of trustees in whose geographic region the facility is
  623  located. If a charter technical career center is established by
  624  the conversion to charter status of a public technical center
  625  formerly governed by a district school board, the charter status
  626  of that center takes precedence in any question of governance.
  627  The governance of the center or of any program within the center
  628  remains with its board of directors unless the board agrees to a
  629  change in governance or its charter is revoked as provided in
  630  subsection (15). Such a conversion charter technical career
  631  center is not affected by a change in the governance of public
  632  technical centers or of programs within other centers that are
  633  or have been governed by district school boards. A charter
  634  technical career center, or any program within such a center,
  635  that was governed by a district school board and transferred to
  636  a Florida College System institution prior to the effective date
  637  of this act is not affected by this provision. An applicant who
  638  wishes to establish a center must submit to the district school
  639  board or Florida College System institution board of trustees,
  640  or a consortium of one or more of each, an application on a form
  641  developed by the Department of Education which includes:
  642         (g) A method for determining whether a student has
  643  satisfied the requirements for graduation specified in s.
  644  1003.428 or s. 1003.429 1003.43 and for completion of a
  645  postsecondary certificate or degree.
  646  
  647  Students at a center must meet the same testing and academic
  648  performance standards as those established by law and rule for
  649  students at public schools and public technical centers. The
  650  students must also meet any additional assessment indicators
  651  that are included within the charter approved by the district
  652  school board or Florida College System institution board of
  653  trustees.
  654         Section 44. Paragraph (b) of subsection (4) of section
  655  1002.45, Florida Statutes, is amended to read:
  656         1002.45 Virtual instruction programs.—
  657         (4) CONTRACT REQUIREMENTS.—Each contract with an approved
  658  provider must at minimum:
  659         (b) Provide a method for determining that a student has
  660  satisfied the requirements for graduation in s. 1003.428 or, s.
  661  1003.429, or s. 1003.43 if the contract is for the provision of
  662  a full-time virtual instruction program to students in grades 9
  663  through 12.
  664         Section 45. Paragraph (e) of subsection (3) of section
  665  1003.03, Florida Statutes, is amended to read:
  666         1003.03 Maximum class size.—
  667         (3) IMPLEMENTATION OPTIONS.—District school boards must
  668  consider, but are not limited to, implementing the following
  669  items in order to meet the constitutional class size maximums
  670  described in subsection (1):
  671         (e) Use innovative methods to reduce the cost of school
  672  construction by using prototype school designs, using SMART
  673  Schools designs, participating in the School Infrastructure
  674  Thrift Program, or any other method not prohibited by law.
  675         Section 46. Subsection (1), paragraph (c) of subsection
  676  (7), and subsection (8) of section 1003.429, Florida Statutes,
  677  are amended to read:
  678         1003.429 Accelerated high school graduation options.—
  679         (1) Students who enter grade 9 in the 2006-2007 school year
  680  and thereafter may select, upon receipt of each consent required
  681  by this section, one of the following three high school
  682  graduation options:
  683         (a) Completion of the general requirements for high school
  684  graduation pursuant to s. 1003.428 or s. 1003.43, as applicable;
  685         (b) Completion of a 3-year standard college preparatory
  686  program requiring successful completion of a minimum of 18
  687  academic credits in grades 9 through 12. At least 6 of the 18
  688  credits required for completion of this program must be received
  689  in classes that are offered pursuant to the International
  690  Baccalaureate Program, the Advanced Placement Program, dual
  691  enrollment, Advanced International Certificate of Education, or
  692  specifically listed or identified by the Department of Education
  693  as rigorous pursuant to s. 1009.531(3). The 18 credits required
  694  for completion of this program shall be primary requirements and
  695  shall be distributed as follows:
  696         1. Four credits in English, with major concentration in
  697  composition and literature;
  698         2. Three credits and, beginning with students entering
  699  grade 9 in the 2010-2011 school year, four credits in
  700  mathematics at the Algebra I level or higher from the list of
  701  courses that qualify for state university admission. Beginning
  702  with students entering grade 9 in the 2010-2011 school year, in
  703  addition to the Algebra I credit requirement, one of the four
  704  credits in mathematics must be geometry or a series of courses
  705  equivalent to geometry as approved by the State Board of
  706  Education. Beginning with students entering grade 9 in the 2010
  707  2011 school year, the end-of-course assessment requirements
  708  under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
  709  to earn the required credit in Algebra I. Beginning with
  710  students entering grade 9 in the 2011-2012 school year, the end
  711  of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
  712  must be met in order for a student to earn the required credit
  713  in geometry. Beginning with students entering grade 9 in the
  714  2012-2013 school year, in addition to the Algebra I and geometry
  715  credit requirements, one of the four credits in mathematics must
  716  be Algebra II or a series of courses equivalent to Algebra II as
  717  approved by the State Board of Education;
  718         3. Three credits in science, two of which must have a
  719  laboratory component. Beginning with students entering grade 9
  720  in the 2011-2012 school year, one of the three credits in
  721  science must be Biology I or a series of courses equivalent to
  722  Biology I as approved by the State Board of Education. Beginning
  723  with students entering grade 9 in the 2011-2012 school year, the
  724  end-of-course assessment requirements under s.
  725  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  726  the required credit in Biology I. Beginning with students
  727  entering grade 9 in the 2013-2014 school year, one of the three
  728  credits must be Biology I or a series of courses equivalent to
  729  Biology I as approved by the State Board of Education, one
  730  credit must be chemistry or physics or a series of courses
  731  equivalent to chemistry or physics as approved by the State
  732  Board of Education, and one credit must be an equally rigorous
  733  course, as approved by the State Board of Education;
  734         4. Three credits in social sciences, which must include one
  735  credit in United States history, one credit in world history,
  736  one-half credit in United States government, and one-half credit
  737  in economics;
  738         5. Two credits in the same second language unless the
  739  student is a native speaker of or can otherwise demonstrate
  740  competency in a language other than English. If the student
  741  demonstrates competency in another language, the student may
  742  replace the language requirement with two credits in other
  743  academic courses; and
  744         6. Three credits in electives and, beginning with students
  745  entering grade 9 in the 2010-2011 school year, two credits in
  746  electives; or
  747         (c) Completion of a 3-year career preparatory program
  748  requiring successful completion of a minimum of 18 academic
  749  credits in grades 9 through 12. The 18 credits shall be primary
  750  requirements and shall be distributed as follows:
  751         1. Four credits in English, with major concentration in
  752  composition and literature;
  753         2. Three credits and, beginning with students entering
  754  grade 9 in the 2010-2011 school year, four credits in
  755  mathematics, one of which must be Algebra I. Beginning with
  756  students entering grade 9 in the 2010-2011 school year, in
  757  addition to the Algebra I credit requirement, one of the four
  758  credits in mathematics must be geometry or a series of courses
  759  equivalent to geometry as approved by the State Board of
  760  Education. Beginning with students entering grade 9 in the 2010
  761  2011 school year, the end-of-course assessment requirements
  762  under s. 1008.22(3)(c)2.a.(I) must be met in order for a student
  763  to earn the required credit in Algebra I. Beginning with
  764  students entering grade 9 in the 2011-2012 school year, the end
  765  of-course assessment requirements under s. 1008.22(3)(c)2.a.(I)
  766  must be met in order for a student to earn the required credit
  767  in geometry. Beginning with students entering grade 9 in the
  768  2012-2013 school year, in addition to the Algebra I and geometry
  769  credit requirements, one of the four credits in mathematics must
  770  be Algebra II or a series of courses equivalent to Algebra II as
  771  approved by the State Board of Education;
  772         3. Three credits in science, two of which must have a
  773  laboratory component. Beginning with students entering grade 9
  774  in the 2011-2012 school year, one of the three credits in
  775  science must be Biology I or a series of courses equivalent to
  776  Biology I as approved by the State Board of Education. Beginning
  777  with students entering grade 9 in the 2011-2012 school year, the
  778  end-of-course assessment requirements under s.
  779  1008.22(3)(c)2.a.(II) must be met in order for a student to earn
  780  the required credit in Biology I. Beginning with students
  781  entering grade 9 in the 2013-2014 school year, one of the three
  782  credits must be Biology I or a series of courses equivalent to
  783  Biology I as approved by the State Board of Education, one
  784  credit must be chemistry or physics or a series of courses
  785  equivalent to chemistry or physics as approved by the State
  786  Board of Education, and one credit must be an equally rigorous
  787  course, as approved by the State Board of Education;
  788         4. Three credits in social sciences, which must include one
  789  credit in United States history, one credit in world history,
  790  one-half credit in United States government, and one-half credit
  791  in economics;
  792         5. Three credits in a single vocational or career education
  793  program, three credits in career and technical certificate dual
  794  enrollment courses, or five credits in vocational or career
  795  education courses; and
  796         6. Two credits and, beginning with students entering grade
  797  9 in the 2010-2011 school year, one credit in electives unless
  798  five credits are earned pursuant to subparagraph 5.
  799  
  800  Any student who selected an accelerated graduation program
  801  before July 1, 2004, may continue that program, and all
  802  statutory program requirements that were applicable when the
  803  student made the program choice shall remain applicable to the
  804  student as long as the student continues that program.
  805         (7) If, at the end of each grade, a student is not on track
  806  to meet the credit, assessment, or grade-point-average
  807  requirements of the accelerated graduation option selected, the
  808  school shall notify the student and parent of the following:
  809         (c) The right of the student to change to the 4-year
  810  program set forth in s. 1003.428 or s. 1003.43, as applicable.
  811         (8) A student who selected one of the accelerated 3-year
  812  graduation options shall automatically move to the 4-year
  813  program set forth in s. 1003.428 or s. 1003.43, if applicable,
  814  if the student:
  815         (a) Exercises his or her right to change to the 4-year
  816  program;
  817         (b) Fails to earn 5 credits by the end of grade 9 or fails
  818  to earn 11 credits by the end of grade 10;
  819         (c) Does not achieve a score of 3 or higher on the grade 10
  820  FCAT Writing assessment; or
  821         (d) By the end of grade 11 does not meet the requirements
  822  of subsections (1) and (6).
  823         Section 47. Section 1003.438, Florida Statutes, is amended
  824  to read:
  825         1003.438 Special high school graduation requirements for
  826  certain exceptional students.—A student who has been identified,
  827  in accordance with rules established by the State Board of
  828  Education, as a student with disabilities who has an
  829  intellectual disability; an autism spectrum disorder; a language
  830  impairment; an orthopedic impairment; an other health
  831  impairment; a traumatic brain injury; an emotional or behavioral
  832  disability; a specific learning disability, including, but not
  833  limited to, dyslexia, dyscalculia, or developmental aphasia; or
  834  students who are deaf or hard of hearing or dual sensory
  835  impaired shall not be required to meet all requirements of s.
  836  1003.43 or s. 1003.428 or s. 1003.429 and shall, upon meeting
  837  all applicable requirements prescribed by the district school
  838  board pursuant to s. 1008.25, be awarded a special diploma in a
  839  form prescribed by the commissioner; however, such special
  840  graduation requirements prescribed by the district school board
  841  must include minimum graduation requirements as prescribed by
  842  the commissioner. Any such student who meets all special
  843  requirements of the district school board, but is unable to meet
  844  the appropriate special state minimum requirements, shall be
  845  awarded a special certificate of completion in a form prescribed
  846  by the commissioner. However, this section does not limit or
  847  restrict the right of an exceptional student solely to a special
  848  diploma or special certificate of completion. Any such student
  849  shall, upon proper request, be afforded the opportunity to fully
  850  meet all requirements of s. 1003.43 or s. 1003.428 or s.
  851  1003.429 through the standard procedures established therein and
  852  thereby to qualify for a standard diploma upon graduation.
  853         Section 48. Subsection (1) of section 1003.49, Florida
  854  Statutes, is amended to read:
  855         1003.49 Graduation and promotion requirements for publicly
  856  operated schools.—
  857         (1) Each state or local public agency, including the
  858  Department of Children and Family Services, the Department of
  859  Corrections, the boards of trustees of universities and Florida
  860  College System institutions, and the Board of Trustees of the
  861  Florida School for the Deaf and the Blind, which agency is
  862  authorized to operate educational programs for students at any
  863  level of grades kindergarten through 12 shall be subject to all
  864  applicable requirements of ss. 1003.428, 1003.429 1003.43,
  865  1008.23, and 1008.25. Within the content of these cited statutes
  866  each such state or local public agency or entity shall be
  867  considered a “district school board.”
  868         Section 49. Paragraph (c) of subsection (4) of section
  869  1004.70, Florida Statutes, is amended to read:
  870         1004.70 Florida College System institution direct-support
  871  organizations.—
  872         (4) ACTIVITIES; RESTRICTIONS.—
  873         (c) Any transaction or agreement between one direct-support
  874  organization and another direct-support organization or between
  875  a direct-support organization and a center of technology
  876  innovation designated under s. 1004.77 must be approved by the
  877  board of trustees.
  878         Section 50. Paragraph (b) of subsection (4) of section
  879  1004.71, Florida Statutes, is amended to read:
  880         1004.71 Statewide Florida College System institution
  881  direct-support organizations.—
  882         (4) RESTRICTIONS.—
  883         (b) Any transaction or agreement between a statewide,
  884  direct-support organization and any other direct-support
  885  organization or between a statewide, direct-support organization
  886  and a center of technology innovation designated under s.
  887  1004.77 must be approved by the State Board of Education.
  888         Section 51. Paragraph (g) of subsection (2) of section
  889  1006.025, Florida Statutes, is redesignated as paragraph (f) and
  890  present paragraph (f) of that subsection is amended, to read:
  891         1006.025 Guidance services.—
  892         (2) The guidance report shall include, but not be limited
  893  to, the following:
  894         (f) Actions taken to provide information to students for
  895  the school-to-work transition pursuant to s. 1006.02.
  896         Section 52. Paragraph (a) of subsection (3) of section
  897  1006.15, Florida Statutes, is amended to read:
  898         1006.15 Student standards for participation in
  899  interscholastic and intrascholastic extracurricular student
  900  activities; regulation.—
  901         (3)(a) To be eligible to participate in interscholastic
  902  extracurricular student activities, a student must:
  903         1. Maintain a grade point average of 2.0 or above on a 4.0
  904  scale, or its equivalent, in the previous semester or a
  905  cumulative grade point average of 2.0 or above on a 4.0 scale,
  906  or its equivalent, in the courses required by s. 1003.428 or s.
  907  1003.429 1003.43(1).
  908         2. Execute and fulfill the requirements of an academic
  909  performance contract between the student, the district school
  910  board, the appropriate governing association, and the student’s
  911  parents, if the student’s cumulative grade point average falls
  912  below 2.0, or its equivalent, on a 4.0 scale in the courses
  913  required by s. 1003.428 or s. 1003.429 1003.43(1) or, for
  914  students who entered the 9th grade prior to the 1997-1998 school
  915  year, if the student’s cumulative grade point average falls
  916  below 2.0 on a 4.0 scale, or its equivalent, in the courses
  917  required by s. 1003.43(1) which are taken after July 1, 1997. At
  918  a minimum, the contract must require that the student attend
  919  summer school, or its graded equivalent, between grades 9 and 10
  920  or grades 10 and 11, as necessary.
  921         3. Have a cumulative grade point average of 2.0 or above on
  922  a 4.0 scale, or its equivalent, in the courses required by s.
  923  1003.428 or s. 1003.429 1003.43(1) during his or her junior or
  924  senior year.
  925         4. Maintain satisfactory conduct, including adherence to
  926  appropriate dress and other codes of student conduct policies
  927  described in s. 1006.07(2). If a student is convicted of, or is
  928  found to have committed, a felony or a delinquent act that would
  929  have been a felony if committed by an adult, regardless of
  930  whether adjudication is withheld, the student’s participation in
  931  interscholastic extracurricular activities is contingent upon
  932  established and published district school board policy.
  933         Section 53. Subsection (4) of section 1007.263, Florida
  934  Statutes, is amended to read:
  935         1007.263 Florida College System institutions; admissions of
  936  students.—Each Florida College System institution board of
  937  trustees is authorized to adopt rules governing admissions of
  938  students subject to this section and rules of the State Board of
  939  Education. These rules shall include the following:
  940         (4) A student who has been awarded a special diploma as
  941  defined in s. 1003.438 or a certificate of completion as defined
  942  in s. 1003.428(7)(b) 1003.43(10) is eligible to enroll in
  943  certificate career education programs.
  944  
  945  Each board of trustees shall establish policies that notify
  946  students about, and place students into, adult basic education,
  947  adult secondary education, or other instructional programs that
  948  provide students with alternatives to traditional college
  949  preparatory instruction, including private provider instruction.
  950  A student is prohibited from enrolling in additional college
  951  level courses until the student scores above the cut-score on
  952  all sections of the common placement test.
  953         Section 54. Subsections (2) and (9) of section 1007.271,
  954  Florida Statutes, are amended to read:
  955         1007.271 Dual enrollment programs.—
  956         (2) For the purpose of this section, an eligible secondary
  957  student is a student who is enrolled in a Florida public
  958  secondary school or in a Florida private secondary school which
  959  is in compliance with s. 1002.42(2) and provides a secondary
  960  curriculum pursuant to s. 1003.428 or, s. 1003.429, or s.
  961  1003.43. Students who are eligible for dual enrollment pursuant
  962  to this section may enroll in dual enrollment courses conducted
  963  during school hours, after school hours, and during the summer
  964  term. However, if the student is projected to graduate from high
  965  school before the scheduled completion date of a postsecondary
  966  course, the student may not register for that course through
  967  dual enrollment. The student may apply to the postsecondary
  968  institution and pay the required registration, tuition, and fees
  969  if the student meets the postsecondary institution’s admissions
  970  requirements under s. 1007.263. Instructional time for dual
  971  enrollment may vary from 900 hours; however, the school district
  972  may only report the student for a maximum of 1.0 FTE, as
  973  provided in s. 1011.61(4). Any student enrolled as a dual
  974  enrollment student is exempt from the payment of registration,
  975  tuition, and laboratory fees. Vocational-preparatory
  976  instruction, college-preparatory instruction, and other forms of
  977  precollegiate instruction, as well as physical education courses
  978  that focus on the physical execution of a skill rather than the
  979  intellectual attributes of the activity, are ineligible for
  980  inclusion in the dual enrollment program. Recreation and leisure
  981  studies courses shall be evaluated individually in the same
  982  manner as physical education courses for potential inclusion in
  983  the program.
  984         (9) The Commissioner of Education shall appoint faculty
  985  committees representing public school, Florida College System
  986  institution, and university faculties to identify postsecondary
  987  courses that meet the high school graduation requirements of s.
  988  1003.428 or, s. 1003.429, or s. 1003.43 and to establish the
  989  number of postsecondary semester credit hours of instruction and
  990  equivalent high school credits earned through dual enrollment
  991  pursuant to this section that are necessary to meet high school
  992  graduation requirements. Such equivalencies shall be determined
  993  solely on comparable course content and not on seat time
  994  traditionally allocated to such courses in high school. The
  995  Commissioner of Education shall recommend to the State Board of
  996  Education those postsecondary courses identified to meet high
  997  school graduation requirements, based on mastery of course
  998  outcomes, by their course numbers, and all high schools shall
  999  accept these postsecondary education courses toward meeting the
 1000  requirements of s. 1003.428 or, s. 1003.429, or s. 1003.43.
 1001         Section 55. Paragraph (c) of subsection (3) of section
 1002  1008.22, Florida Statutes, is amended to read:
 1003         1008.22 Student assessment program for public schools.—
 1004         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
 1005  design and implement a statewide program of educational
 1006  assessment that provides information for the improvement of the
 1007  operation and management of the public schools, including
 1008  schools operating for the purpose of providing educational
 1009  services to youth in Department of Juvenile Justice programs.
 1010  The commissioner may enter into contracts for the continued
 1011  administration of the assessment programs authorized and funded
 1012  by the Legislature. Contracts may be initiated in 1 fiscal year
 1013  and continue into the next and may be paid from the
 1014  appropriations of either or both fiscal years. The commissioner
 1015  is authorized to negotiate for the sale or lease of tests,
 1016  scoring protocols, test scoring services, and related materials
 1017  developed pursuant to law. Pursuant to the statewide assessment
 1018  program, the commissioner shall:
 1019         (c) Develop and implement a student achievement assessment
 1020  program as follows:
 1021         1. The Florida Comprehensive Assessment Test (FCAT)
 1022  measures a student’s content knowledge and skills in reading,
 1023  writing, science, and mathematics. The content knowledge and
 1024  skills assessed by the FCAT must be aligned to the core
 1025  curricular content established in the Next Generation Sunshine
 1026  State Standards. FCAT Reading and FCAT Mathematics shall be
 1027  administered annually in grades 3 through 10 except, beginning
 1028  with the 2010-2011 school year, the administration of grade 9
 1029  FCAT Mathematics shall be discontinued, and beginning with the
 1030  2011-2012 school year, the administration of grade 10 FCAT
 1031  Mathematics shall be discontinued, except as required for
 1032  students who have not attained minimum performance expectations
 1033  for graduation as provided in paragraph (9)(c). FCAT Writing and
 1034  FCAT Science shall be administered at least once at the
 1035  elementary, middle, and high school levels except, beginning
 1036  with the 2011-2012 school year, the administration of FCAT
 1037  Science at the high school level shall be discontinued. Students
 1038  enrolled in an Algebra I, geometry, or Biology I course or an
 1039  equivalent course with a statewide, standardized end-of-course
 1040  assessment are not required to take the corresponding grade
 1041  level FCAT assessment.
 1042         2.a. End-of-course assessments must be rigorous, statewide,
 1043  standardized, and developed or approved by the department. The
 1044  content knowledge and skills assessed by end-of-course
 1045  assessments must be aligned to the core curricular content
 1046  established in the Next Generation Sunshine State Standards.
 1047         (I) Statewide, standardized end-of-course assessments in
 1048  mathematics shall be administered according to this sub-sub
 1049  subparagraph. Beginning with the 2010-2011 school year, all
 1050  students enrolled in Algebra I or an equivalent course must take
 1051  the Algebra I end-of-course assessment. For students entering
 1052  grade 9 during the 2010-2011 school year and who are enrolled in
 1053  Algebra I or an equivalent, each student’s performance on the
 1054  end-of-course assessment in Algebra I shall constitute 30
 1055  percent of the student’s final course grade. Beginning with the
 1056  2012-2013 school year, the end-of-course assessment in Algebra I
 1057  shall be administered four times annually. Beginning with
 1058  students entering grade 9 in the 2011-2012 school year, a
 1059  student who is enrolled in Algebra I or an equivalent must earn
 1060  a passing score on the end-of-course assessment in Algebra I or
 1061  attain an equivalent score as described in subsection (11) in
 1062  order to earn course credit. Beginning with the 2011-2012 school
 1063  year, all students enrolled in geometry or an equivalent course
 1064  must take the geometry end-of-course assessment. For students
 1065  entering grade 9 during the 2011-2012 school year, each
 1066  student’s performance on the end-of-course assessment in
 1067  geometry shall constitute 30 percent of the student’s final
 1068  course grade. Beginning with students entering grade 9 during
 1069  the 2012-2013 school year, a student must earn a passing score
 1070  on the end-of-course assessment in geometry or attain an
 1071  equivalent score as described in subsection (11) in order to
 1072  earn course credit.
 1073         (II) Statewide, standardized end-of-course assessments in
 1074  science shall be administered according to this sub-sub
 1075  subparagraph. Beginning with the 2011-2012 school year, all
 1076  students enrolled in Biology I or an equivalent course must take
 1077  the Biology I end-of-course assessment. For the 2011-2012 school
 1078  year, each student’s performance on the end-of-course assessment
 1079  in Biology I shall constitute 30 percent of the student’s final
 1080  course grade. Beginning with students entering grade 9 during
 1081  the 2012-2013 school year, a student must earn a passing score
 1082  on the end-of-course assessment in Biology I in order to earn
 1083  course credit.
 1084         b. During the 2012-2013 school year, an end-of-course
 1085  assessment in civics education shall be administered as a field
 1086  test at the middle school level. During the 2013-2014 school
 1087  year, each student’s performance on the statewide, standardized
 1088  end-of-course assessment in civics education shall constitute 30
 1089  percent of the student’s final course grade. Beginning with the
 1090  2014-2015 school year, a student must earn a passing score on
 1091  the end-of-course assessment in civics education in order to
 1092  pass the course and be promoted from the middle grades. The
 1093  school principal of a middle school shall determine, in
 1094  accordance with State Board of Education rule, whether a student
 1095  who transfers to the middle school and who has successfully
 1096  completed a civics education course at the student’s previous
 1097  school must take an end-of-course assessment in civics
 1098  education.
 1099         c. The commissioner may select one or more nationally
 1100  developed comprehensive examinations, which may include, but
 1101  need not be limited to, examinations for a College Board
 1102  Advanced Placement course, International Baccalaureate course,
 1103  or Advanced International Certificate of Education course, or
 1104  industry-approved examinations to earn national industry
 1105  certifications identified in the Industry Certification Funding
 1106  List, pursuant to rules adopted by the State Board of Education,
 1107  for use as end-of-course assessments under this paragraph, if
 1108  the commissioner determines that the content knowledge and
 1109  skills assessed by the examinations meet or exceed the grade
 1110  level expectations for the core curricular content established
 1111  for the course in the Next Generation Sunshine State Standards.
 1112  The commissioner may collaborate with the American Diploma
 1113  Project in the adoption or development of rigorous end-of-course
 1114  assessments that are aligned to the Next Generation Sunshine
 1115  State Standards.
 1116         d. Contingent upon funding provided in the General
 1117  Appropriations Act, including the appropriation of funds
 1118  received through federal grants, the Commissioner of Education
 1119  shall establish an implementation schedule for the development
 1120  and administration of additional statewide, standardized end-of
 1121  course assessments in English/Language Arts II, Algebra II,
 1122  chemistry, physics, earth/space science, United States history,
 1123  and world history. Priority shall be given to the development of
 1124  end-of-course assessments in English/Language Arts II. The
 1125  Commissioner of Education shall evaluate the feasibility and
 1126  effect of transitioning from the grade 9 and grade 10 FCAT
 1127  Reading and high school level FCAT Writing to an end-of-course
 1128  assessment in English/Language Arts II. The commissioner shall
 1129  report the results of the evaluation to the President of the
 1130  Senate and the Speaker of the House of Representatives no later
 1131  than July 1, 2011.
 1132         3. The assessment program shall measure student content
 1133  knowledge and skills adopted by the State Board of Education as
 1134  specified in paragraph (a) and measure and report student
 1135  performance levels of all students assessed in reading, writing,
 1136  mathematics, and science. The commissioner shall provide for the
 1137  tests to be developed or obtained, as appropriate, through
 1138  contracts and project agreements with private vendors, public
 1139  vendors, public agencies, postsecondary educational
 1140  institutions, or school districts. The commissioner shall obtain
 1141  input with respect to the design and implementation of the
 1142  assessment program from state educators, assistive technology
 1143  experts, and the public.
 1144         4. The assessment program shall be composed of criterion
 1145  referenced tests that shall, to the extent determined by the
 1146  commissioner, include test items that require the student to
 1147  produce information or perform tasks in such a way that the core
 1148  content knowledge and skills he or she uses can be measured.
 1149         5. FCAT Reading, Mathematics, and Science and all
 1150  statewide, standardized end-of-course assessments shall measure
 1151  the content knowledge and skills a student has attained on the
 1152  assessment by the use of scaled scores and achievement levels.
 1153  Achievement levels shall range from 1 through 5, with level 1
 1154  being the lowest achievement level, level 5 being the highest
 1155  achievement level, and level 3 indicating satisfactory
 1156  performance on an assessment. For purposes of FCAT Writing,
 1157  student achievement shall be scored using a scale of 1 through 6
 1158  and the score earned shall be used in calculating school grades.
 1159  A score shall be designated for each subject area tested, below
 1160  which score a student’s performance is deemed inadequate. The
 1161  school districts shall provide appropriate remedial instruction
 1162  to students who score below these levels.
 1163         6. The State Board of Education shall, by rule, designate a
 1164  passing score for each part of the grade 10 assessment test and
 1165  end-of-course assessments. Any rule that has the effect of
 1166  raising the required passing scores may apply only to students
 1167  taking the assessment for the first time after the rule is
 1168  adopted by the State Board of Education. Except as otherwise
 1169  provided in this subparagraph and as provided in s.
 1170  1003.428(8)(b) or s. 1003.43(11)(b), students must earn a
 1171  passing score on grade 10 FCAT Reading and grade 10 FCAT
 1172  Mathematics or attain concordant scores as described in
 1173  subsection (10) in order to qualify for a standard high school
 1174  diploma.
 1175         7. In addition to designating a passing score under
 1176  subparagraph 6., the State Board of Education shall also
 1177  designate, by rule, a score for each statewide, standardized
 1178  end-of-course assessment which indicates that a student is high
 1179  achieving and has the potential to meet college-readiness
 1180  standards by the time the student graduates from high school.
 1181         8. Participation in the assessment program is mandatory for
 1182  all students attending public school, including students served
 1183  in Department of Juvenile Justice programs, except as otherwise
 1184  prescribed by the commissioner. A student who has not earned
 1185  passing scores on the grade 10 FCAT as provided in subparagraph
 1186  6. must participate in each retake of the assessment until the
 1187  student earns passing scores or achieves scores on a
 1188  standardized assessment which are concordant with passing scores
 1189  pursuant to subsection (10). If a student does not participate
 1190  in the statewide assessment, the district must notify the
 1191  student’s parent and provide the parent with information
 1192  regarding the implications of such nonparticipation. A parent
 1193  must provide signed consent for a student to receive classroom
 1194  instructional accommodations that would not be available or
 1195  permitted on the statewide assessments and must acknowledge in
 1196  writing that he or she understands the implications of such
 1197  instructional accommodations. The State Board of Education shall
 1198  adopt rules, based upon recommendations of the commissioner, for
 1199  the provision of test accommodations for students in exceptional
 1200  education programs and for students who have limited English
 1201  proficiency. Accommodations that negate the validity of a
 1202  statewide assessment are not allowable in the administration of
 1203  the FCAT or an end-of-course assessment. However, instructional
 1204  accommodations are allowable in the classroom if included in a
 1205  student’s individual education plan. Students using
 1206  instructional accommodations in the classroom that are not
 1207  allowable as accommodations on the FCAT or an end-of-course
 1208  assessment may have the FCAT or an end-of-course assessment
 1209  requirement waived pursuant to the requirements of s.
 1210  1003.428(8)(b) or s. 1003.43(11)(b).
 1211         9. A student seeking an adult high school diploma must meet
 1212  the same testing requirements that a regular high school student
 1213  must meet.
 1214         10. District school boards must provide instruction to
 1215  prepare students in the core curricular content established in
 1216  the Next Generation Sunshine State Standards adopted under s.
 1217  1003.41, including the core content knowledge and skills
 1218  necessary for successful grade-to-grade progression and high
 1219  school graduation. If a student is provided with instructional
 1220  accommodations in the classroom that are not allowable as
 1221  accommodations in the statewide assessment program, as described
 1222  in the test manuals, the district must inform the parent in
 1223  writing and must provide the parent with information regarding
 1224  the impact on the student’s ability to meet expected performance
 1225  levels in reading, writing, mathematics, and science. The
 1226  commissioner shall conduct studies as necessary to verify that
 1227  the required core curricular content is part of the district
 1228  instructional programs.
 1229         11. District school boards must provide opportunities for
 1230  students to demonstrate an acceptable performance level on an
 1231  alternative standardized assessment approved by the State Board
 1232  of Education following enrollment in summer academies.
 1233         12. The Department of Education must develop, or select,
 1234  and implement a common battery of assessment tools that will be
 1235  used in all juvenile justice programs in the state. These tools
 1236  must accurately measure the core curricular content established
 1237  in the Next Generation Sunshine State Standards.
 1238         13. For students seeking a special diploma pursuant to s.
 1239  1003.438, the Department of Education must develop or select and
 1240  implement an alternate assessment tool that accurately measures
 1241  the core curricular content established in the Next Generation
 1242  Sunshine State Standards for students with disabilities under s.
 1243  1003.438.
 1244         14. The Commissioner of Education shall establish schedules
 1245  for the administration of statewide assessments and the
 1246  reporting of student test results. When establishing the
 1247  schedules for the administration of statewide assessments, the
 1248  commissioner shall consider the observance of religious and
 1249  school holidays. The commissioner shall, by August 1 of each
 1250  year, notify each school district in writing and publish on the
 1251  department’s Internet website the testing and reporting
 1252  schedules for, at a minimum, the school year following the
 1253  upcoming school year. The testing and reporting schedules shall
 1254  require that:
 1255         a. There is the latest possible administration of statewide
 1256  assessments and the earliest possible reporting to the school
 1257  districts of student test results which is feasible within
 1258  available technology and specific appropriations; however, test
 1259  results for the FCAT must be made available no later than the
 1260  week of June 8. Student results for end-of-course assessments
 1261  must be provided no later than 1 week after the school district
 1262  completes testing for each course. The commissioner may extend
 1263  the reporting schedule under exigent circumstances.
 1264         b. FCAT Writing may not be administered earlier than the
 1265  week of March 1, and a comprehensive statewide assessment of any
 1266  other subject may not be administered earlier than the week of
 1267  April 15.
 1268         c. A statewide, standardized end-of-course assessment is
 1269  administered at the end of the course. The commissioner shall
 1270  select an administration period for assessments that meets the
 1271  intent of end-of-course assessments and provides student results
 1272  prior to the end of the course. School districts shall
 1273  administer tests in accordance with the schedule determined by
 1274  the commissioner. For an end-of-course assessment administered
 1275  at the end of the first semester, the commissioner shall
 1276  determine the most appropriate testing dates based on a review
 1277  of each school district’s academic calendar.
 1278  
 1279  The commissioner may, based on collaboration and input from
 1280  school districts, design and implement student testing programs,
 1281  for any grade level and subject area, necessary to effectively
 1282  monitor educational achievement in the state, including the
 1283  measurement of educational achievement of the Next Generation
 1284  Sunshine State Standards for students with disabilities.
 1285  Development and refinement of assessments shall include
 1286  universal design principles and accessibility standards that
 1287  will prevent any unintended obstacles for students with
 1288  disabilities while ensuring the validity and reliability of the
 1289  test. These principles should be applicable to all technology
 1290  platforms and assistive devices available for the assessments.
 1291  The field testing process and psychometric analyses for the
 1292  statewide assessment program must include an appropriate
 1293  percentage of students with disabilities and an evaluation or
 1294  determination of the effect of test items on such students.
 1295         Section 56. Section 1008.23, Florida Statutes, is amended
 1296  to read:
 1297         1008.23 Confidentiality of assessment instruments.—All
 1298  examination and assessment instruments, including developmental
 1299  materials and workpapers directly related thereto, which are
 1300  prepared, prescribed, or administered pursuant to ss. 1003.43,
 1301  1008.22, and 1008.25 shall be confidential and exempt from the
 1302  provisions of s. 119.07(1) and from s. 1001.52. Provisions
 1303  governing access, maintenance, and destruction of such
 1304  instruments and related materials shall be prescribed by rules
 1305  of the State Board of Education.
 1306         Section 57. Paragraph (a) of subsection (1) of section
 1307  1009.40, Florida Statutes, is amended to read:
 1308         1009.40 General requirements for student eligibility for
 1309  state financial aid awards and tuition assistance grants.—
 1310         (1)(a) The general requirements for eligibility of students
 1311  for state financial aid awards and tuition assistance grants
 1312  consist of the following:
 1313         1. Achievement of the academic requirements of and
 1314  acceptance at a state university or Florida College System
 1315  institution; a nursing diploma school approved by the Florida
 1316  Board of Nursing; a Florida college or university which is
 1317  accredited by an accrediting agency recognized by the State
 1318  Board of Education; any Florida institution the credits of which
 1319  are acceptable for transfer to state universities; any career
 1320  center; or any private career institution accredited by an
 1321  accrediting agency recognized by the State Board of Education.
 1322         2. Residency in this state for no less than 1 year
 1323  preceding the award of aid or a tuition assistance grant for a
 1324  program established pursuant to s. 1009.50, s. 1009.505, s.
 1325  1009.51, s. 1009.52, s. 1009.53, s. 1009.56, s. 1009.60, s.
 1326  1009.62, s. 1009.68, s. 1009.72, s. 1009.73, s. 1009.77, s.
 1327  1009.89, or s. 1009.891. Residency in this state must be for
 1328  purposes other than to obtain an education. Resident status for
 1329  purposes of receiving state financial aid awards shall be
 1330  determined in the same manner as resident status for tuition
 1331  purposes pursuant to s. 1009.21.
 1332         3. Submission of certification attesting to the accuracy,
 1333  completeness, and correctness of information provided to
 1334  demonstrate a student’s eligibility to receive state financial
 1335  aid awards or tuition assistance grants. Falsification of such
 1336  information shall result in the denial of any pending
 1337  application and revocation of any award or grant currently held
 1338  to the extent that no further payments shall be made.
 1339  Additionally, students who knowingly make false statements in
 1340  order to receive state financial aid awards or tuition
 1341  assistance grants commit a misdemeanor of the second degree
 1342  subject to the provisions of s. 837.06 and shall be required to
 1343  return all state financial aid awards or tuition assistance
 1344  grants wrongfully obtained.
 1345         Section 58. Paragraph (b) of subsection (1) of section
 1346  1009.531, Florida Statutes, is amended to read:
 1347         1009.531 Florida Bright Futures Scholarship Program;
 1348  student eligibility requirements for initial awards.—
 1349         (1) Effective January 1, 2008, in order to be eligible for
 1350  an initial award from any of the three types of scholarships
 1351  under the Florida Bright Futures Scholarship Program, a student
 1352  must:
 1353         (b) Earn a standard Florida high school diploma or its
 1354  equivalent pursuant to s. 1003.428, s. 1003.4281, s. 1003.429,
 1355  s. 1003.43, or s. 1003.435 unless:
 1356         1. The student completes a home education program according
 1357  to s. 1002.41; or
 1358         2. The student earns a high school diploma from a non
 1359  Florida school while living with a parent or guardian who is on
 1360  military or public service assignment away from Florida.
 1361         Section 59. Paragraph (c) of subsection (2) of section
 1362  1009.94, Florida Statutes, is amended to read:
 1363         1009.94 Student financial assistance database.—
 1364         (2) For purposes of this section, financial assistance
 1365  includes:
 1366         (c) Any financial assistance provided under s. 1009.50, s.
 1367  1009.505, s. 1009.51, s. 1009.52, s. 1009.53, s. 1009.55, s.
 1368  1009.56, s. 1009.60, s. 1009.62, s. 1009.68, s. 1009.70, s.
 1369  1009.701, s. 1009.72, s. 1009.73, s. 1009.74, s. 1009.77, s.
 1370  1009.89, or s. 1009.891.
 1371         Section 60. Paragraph (c) of subsection (1) of section
 1372  1011.61, Florida Statutes, is amended to read:
 1373         1011.61 Definitions.—Notwithstanding the provisions of s.
 1374  1000.21, the following terms are defined as follows for the
 1375  purposes of the Florida Education Finance Program:
 1376         (1) A “full-time equivalent student” in each program of the
 1377  district is defined in terms of full-time students and part-time
 1378  students as follows:
 1379         (c)1. A “full-time equivalent student” is:
 1380         a. A full-time student in any one of the programs listed in
 1381  s. 1011.62(1)(c); or
 1382         b. A combination of full-time or part-time students in any
 1383  one of the programs listed in s. 1011.62(1)(c) which is the
 1384  equivalent of one full-time student based on the following
 1385  calculations:
 1386         (I) A full-time student in a combination of programs listed
 1387  in s. 1011.62(1)(c) shall be a fraction of a full-time
 1388  equivalent membership in each program equal to the number of net
 1389  hours per school year for which he or she is a member, divided
 1390  by the appropriate number of hours set forth in subparagraph
 1391  (a)1. or subparagraph (a)2. The sum of the fractions for each
 1392  program may not exceed the maximum value set forth in subsection
 1393  (4).
 1394         (II) A prekindergarten student with a disability shall meet
 1395  the requirements specified for kindergarten students.
 1396         (III) A full-time equivalent student for students in
 1397  kindergarten through grade 12 in a full-time virtual instruction
 1398  program under s. 1002.45 or a virtual charter school under s.
 1399  1002.33 shall consist of six full-credit completions or the
 1400  prescribed level of content that counts toward promotion to the
 1401  next grade in programs listed in s. 1011.62(1)(c). Credit
 1402  completions may be a combination of full-credit courses or half
 1403  credit courses. Beginning in the 2014-2015 fiscal year, when s.
 1404  1008.22(3)(g) is implemented, the reported full-time equivalent
 1405  students and associated funding of students enrolled in courses
 1406  requiring passage of an end-of-course assessment shall be
 1407  adjusted after the student completes the end-of-course
 1408  assessment.
 1409         (IV) A full-time equivalent student for students in
 1410  kindergarten through grade 12 in a part-time virtual instruction
 1411  program under s. 1002.45 shall consist of six full-credit
 1412  completions in programs listed in s. 1011.62(1)(c)1. and 3.
 1413  Credit completions may be a combination of full-credit courses
 1414  or half-credit courses. Beginning in the 2014-2015 fiscal year,
 1415  when s. 1008.22(3)(g) is implemented, the reported full-time
 1416  equivalent students and associated funding of students enrolled
 1417  in courses requiring passage of an end-of-course assessment
 1418  shall be adjusted after the student completes the end-of-course
 1419  assessment.
 1420         (V) A Florida Virtual School full-time equivalent student
 1421  shall consist of six full-credit completions or the prescribed
 1422  level of content that counts toward promotion to the next grade
 1423  in the programs listed in s. 1011.62(1)(c)1. and 3. for students
 1424  participating in kindergarten through grade 12 part-time virtual
 1425  instruction and the programs listed in s. 1011.62(1)(c) for
 1426  students participating in kindergarten through grade 12 full
 1427  time virtual instruction. Credit completions may be a
 1428  combination of full-credit courses or half-credit courses.
 1429  Beginning in the 2014-2015 fiscal year, when s. 1008.22(3)(g) is
 1430  implemented, the reported full-time equivalent students and
 1431  associated funding of students enrolled in courses requiring
 1432  passage of an end-of-course assessment shall be adjusted after
 1433  the student completes the end-of-course assessment.
 1434         (VI) Each successfully completed full-credit course earned
 1435  through an online course delivered by a district other than the
 1436  one in which the student resides shall be calculated as 1/6 FTE.
 1437         (VII) Each successfully completed credit earned under the
 1438  alternative high school course credit requirements authorized in
 1439  s. 1002.375, which is not reported as a portion of the 900 net
 1440  hours of instruction pursuant to subparagraph (1)(a)1., shall be
 1441  calculated as 1/6 FTE.
 1442         (VII)(VIII)(A) A full-time equivalent student for courses
 1443  requiring a statewide, standardized end-of-course assessment
 1444  pursuant to s. 1008.22(3)(c)2.a. shall be defined and reported
 1445  based on the number of instructional hours as provided in this
 1446  subsection for the first 3 years of administering the end-of
 1447  course assessment. Beginning in the fourth year of administering
 1448  the end-of-course assessment, the FTE shall be credit-based and
 1449  each course shall be equal to 1/6 FTE. The reported FTE shall be
 1450  adjusted after the student successfully completes the end-of
 1451  course assessment pursuant to s. 1008.22(3)(c)2.a.
 1452         (B) For students enrolled in a school district as a full
 1453  time student, the district may report 1/6 FTE for each student
 1454  who passes a statewide, standardized end-of-course assessment
 1455  without being enrolled in the corresponding course.
 1456         (C) The FTE earned under this sub-sub-subparagraph and any
 1457  FTE for courses or programs listed in s. 1011.62(1)(c) that do
 1458  not require passing a statewide, standardized end-of-course
 1459  assessment are subject to the requirements in subsection (4).
 1460         2. A student in membership in a program scheduled for more
 1461  or less than 180 school days or the equivalent on an hourly
 1462  basis as specified by rules of the State Board of Education is a
 1463  fraction of a full-time equivalent membership equal to the
 1464  number of instructional hours in membership divided by the
 1465  appropriate number of hours set forth in subparagraph (a)1.;
 1466  however, for the purposes of this subparagraph, membership in
 1467  programs scheduled for more than 180 days is limited to students
 1468  enrolled in juvenile justice education programs and the Florida
 1469  Virtual School.
 1470  
 1471  The department shall determine and implement an equitable method
 1472  of equivalent funding for experimental schools and for schools
 1473  operating under emergency conditions, which schools have been
 1474  approved by the department to operate for less than the minimum
 1475  school day.
 1476         Section 61. Paragraph (b) of subsection (2) of section
 1477  1013.35, Florida Statutes, is amended to read:
 1478         1013.35 School district educational facilities plan;
 1479  definitions; preparation, adoption, and amendment; long-term
 1480  work programs.—
 1481         (2) PREPARATION OF TENTATIVE DISTRICT EDUCATIONAL
 1482  FACILITIES PLAN.—
 1483         (b) The plan must also include a financially feasible
 1484  district facilities work program for a 5-year period. The work
 1485  program must include:
 1486         1. A schedule of major repair and renovation projects
 1487  necessary to maintain the educational facilities and ancillary
 1488  facilities of the district.
 1489         2. A schedule of capital outlay projects necessary to
 1490  ensure the availability of satisfactory student stations for the
 1491  projected student enrollment in K-12 programs. This schedule
 1492  shall consider:
 1493         a. The locations, capacities, and planned utilization rates
 1494  of current educational facilities of the district. The capacity
 1495  of existing satisfactory facilities, as reported in the Florida
 1496  Inventory of School Houses must be compared to the capital
 1497  outlay full-time-equivalent student enrollment as determined by
 1498  the department, including all enrollment used in the calculation
 1499  of the distribution formula in s. 1013.64.
 1500         b. The proposed locations of planned facilities, whether
 1501  those locations are consistent with the comprehensive plans of
 1502  all affected local governments, and recommendations for
 1503  infrastructure and other improvements to land adjacent to
 1504  existing facilities. The provisions of ss. 1013.33(6), (7), and
 1505  (8) and 1013.36 must be addressed for new facilities planned
 1506  within the first 3 years of the work plan, as appropriate.
 1507         c. Plans for the use and location of relocatable
 1508  facilities, leased facilities, and charter school facilities.
 1509         d. Plans for multitrack scheduling, grade level
 1510  organization, block scheduling, or other alternatives that
 1511  reduce the need for additional permanent student stations.
 1512         e. Information concerning average class size and
 1513  utilization rate by grade level within the district which will
 1514  result if the tentative district facilities work program is
 1515  fully implemented.
 1516         f. The number and percentage of district students planned
 1517  to be educated in relocatable facilities during each year of the
 1518  tentative district facilities work program. For determining
 1519  future needs, student capacity may not be assigned to any
 1520  relocatable classroom that is scheduled for elimination or
 1521  replacement with a permanent educational facility in the current
 1522  year of the adopted district educational facilities plan and in
 1523  the district facilities work program adopted under this section.
 1524  Those relocatable classrooms clearly identified and scheduled
 1525  for replacement in a school-board-adopted, financially feasible,
 1526  5-year district facilities work program shall be counted at zero
 1527  capacity at the time the work program is adopted and approved by
 1528  the school board. However, if the district facilities work
 1529  program is changed and the relocatable classrooms are not
 1530  replaced as scheduled in the work program, the classrooms must
 1531  be reentered into the system and be counted at actual capacity.
 1532  Relocatable classrooms may not be perpetually added to the work
 1533  program or continually extended for purposes of circumventing
 1534  this section. All relocatable classrooms not identified and
 1535  scheduled for replacement, including those owned, lease
 1536  purchased, or leased by the school district, must be counted at
 1537  actual student capacity. The district educational facilities
 1538  plan must identify the number of relocatable student stations
 1539  scheduled for replacement during the 5-year survey period and
 1540  the total dollar amount needed for that replacement.
 1541         g. Plans for the closure of any school, including plans for
 1542  disposition of the facility or usage of facility space, and
 1543  anticipated revenues.
 1544         h. Projects for which capital outlay and debt service funds
 1545  accruing under s. 9(d), Art. XII of the State Constitution are
 1546  to be used shall be identified separately in priority order on a
 1547  project priority list within the district facilities work
 1548  program.
 1549         3. The projected cost for each project identified in the
 1550  district facilities work program. For proposed projects for new
 1551  student stations, a schedule shall be prepared comparing the
 1552  planned cost and square footage for each new student station, by
 1553  elementary, middle, and high school levels, to the low, average,
 1554  and high cost of facilities constructed throughout the state
 1555  during the most recent fiscal year for which data is available
 1556  from the Department of Education.
 1557         4. A schedule of estimated capital outlay revenues from
 1558  each currently approved source which is estimated to be
 1559  available for expenditure on the projects included in the
 1560  district facilities work program.
 1561         5. A schedule indicating which projects included in the
 1562  district facilities work program will be funded from current
 1563  revenues projected in subparagraph 4.
 1564         6. A schedule of options for the generation of additional
 1565  revenues by the district for expenditure on projects identified
 1566  in the district facilities work program which are not funded
 1567  under subparagraph 5. Additional anticipated revenues may
 1568  include effort index grants, SIT Program awards, and Classrooms
 1569  First funds.
 1570         Section 62. Subsection (2) of section 1013.356, Florida
 1571  Statutes, is amended to read:
 1572         1013.356 Local funding for educational facilities benefit
 1573  districts or community development districts.—Upon confirmation
 1574  by a district school board of the commitment of revenues by an
 1575  educational facilities benefit district or community development
 1576  district necessary to construct and maintain an educational
 1577  facility contained within an individual district facilities work
 1578  program or proposed by an approved charter school or a charter
 1579  school applicant, the following funds shall be provided to the
 1580  educational facilities benefit district or community development
 1581  district annually, beginning with the next fiscal year after
 1582  confirmation until the district’s financial obligations are
 1583  completed:
 1584         (2) For construction and capital maintenance costs not
 1585  covered by the funds provided under subsection (1), an annual
 1586  amount contributed by the district school board equal to one
 1587  half of the remaining costs of construction and capital
 1588  maintenance of the educational facility. Any construction costs
 1589  above the cost-per-student criteria established in s.
 1590  1013.64(6)(b)1. for the SIT Program in s. 1013.72(2) shall be
 1591  funded exclusively by the educational facilities benefit
 1592  district or the community development district. Funds
 1593  contributed by a district school board shall not be used to fund
 1594  operational costs.
 1595  
 1596  Educational facilities funded pursuant to this act may be
 1597  constructed on land that is owned by any person after the
 1598  district school board has acquired from the owner of the land a
 1599  long-term lease for the use of this land for a period of not
 1600  less than 40 years or the life expectancy of the permanent
 1601  facilities constructed thereon, whichever is longer. All
 1602  interlocal agreements entered into pursuant to this act shall
 1603  provide for ownership of educational facilities funded pursuant
 1604  to this act to revert to the district school board if such
 1605  facilities cease to be used for public educational purposes
 1606  prior to 40 years after construction or prior to the end of the
 1607  life expectancy of the educational facilities, whichever is
 1608  longer.
 1609         Section 63. Subsections (4), (5), and (6) of section
 1610  1013.41, Florida Statutes, are amended to read:
 1611         1013.41 SMART schools; Classrooms First; legislative
 1612  purpose.—
 1613         (4) OFFICE OF EDUCATIONAL FACILITIES.—It is the purpose of
 1614  the Legislature to require the Office of Educational Facilities
 1615  to assist school districts in building SMART schools utilizing
 1616  functional and frugal practices. The Office of Educational
 1617  Facilities must review district facilities work programs and
 1618  projects and identify districts qualified for incentive funding
 1619  available through School Infrastructure Thrift Program awards;
 1620  identify opportunities to maximize design and construction
 1621  savings; develop school district facilities work program
 1622  performance standards; and provide for review and
 1623  recommendations to the Governor, the Legislature, and the State
 1624  Board of Education.
 1625         (5) EFFORT INDEX GRANTS.—It is the purpose of the
 1626  Legislature to create s. 1013.73, in order to provide grants
 1627  from state funds to assist school districts that have provided a
 1628  specified level of local effort funding.
 1629         (6) SCHOOL INFRASTRUCTURE THRIFT (SIT) PROGRAM AWARDS.—It
 1630  is the purpose of the Legislature to convert the SIT Program
 1631  established in ss. 1013.42 and 1013.72 to an incentive award
 1632  program to encourage functional, frugal facilities and
 1633  practices.
 1634         Section 64. Paragraph (b) of subsection (6) of section
 1635  1013.64, Florida Statutes, is amended to read:
 1636         1013.64 Funds for comprehensive educational plant needs;
 1637  construction cost maximums for school district capital
 1638  projects.—Allocations from the Public Education Capital Outlay
 1639  and Debt Service Trust Fund to the various boards for capital
 1640  outlay projects shall be determined as follows:
 1641         (6)
 1642         (b)1. A district school board must not use funds from the
 1643  following sources: Public Education Capital Outlay and Debt
 1644  Service Trust Fund; School District and Community College
 1645  District Capital Outlay and Debt Service Trust Fund; Classrooms
 1646  First Program funds provided in s. 1013.68; effort index grant
 1647  funds provided in s. 1013.73; nonvoted 1.5-mill levy of ad
 1648  valorem property taxes provided in s. 1011.71(2); Classrooms for
 1649  Kids Program funds provided in s. 1013.735; District Effort
 1650  Recognition Program funds provided in s. 1013.736; or High
 1651  Growth District Capital Outlay Assistance Grant Program funds
 1652  provided in s. 1013.738 for any new construction of educational
 1653  plant space with a total cost per student station, including
 1654  change orders, that equals more than:
 1655         a. $17,952 for an elementary school,
 1656         b. $19,386 for a middle school, or
 1657         c. $25,181 for a high school,
 1658  
 1659  (January 2006) as adjusted annually to reflect increases or
 1660  decreases in the Consumer Price Index.
 1661         2. A district school board must not use funds from the
 1662  Public Education Capital Outlay and Debt Service Trust Fund or
 1663  the School District and Community College District Capital
 1664  Outlay and Debt Service Trust Fund for any new construction of
 1665  an ancillary plant that exceeds 70 percent of the average cost
 1666  per square foot of new construction for all schools.
 1667         Section 65. Section 1013.69, Florida Statutes, is amended
 1668  to read:
 1669         1013.69 Full bonding required to participate in programs.
 1670  Any district with unused bonding capacity in its Capital Outlay
 1671  and Debt Service Trust Fund allocation that certifies in its
 1672  district educational facilities plan that it will not be able to
 1673  meet all of its need for new student stations within existing
 1674  revenues must fully bond its Capital Outlay and Debt Service
 1675  Trust Fund allocation before it may participate in Classrooms
 1676  First, the School Infrastructure Thrift (SIT) Program, or the
 1677  Effort Index Grants Program.
 1678         Section 66. Paragraph (b) of subsection (2) of section
 1679  1013.738, Florida Statutes, is amended to read:
 1680         1013.738 High Growth District Capital Outlay Assistance
 1681  Grant Program.—
 1682         (2) In order to qualify for a grant, a school district must
 1683  meet the following criteria:
 1684         (b) Fifty percent of the revenue derived from the 2-mill
 1685  nonvoted discretionary capital outlay millage for the past 4
 1686  fiscal years, when divided by the district’s growth in capital
 1687  outlay FTE students over this period, produces a value that is
 1688  less than the average cost per student station calculated
 1689  pursuant to s. 1013.64(6)(b)1. 1013.72(2), and weighted by
 1690  statewide growth in capital outlay FTE students in elementary,
 1691  middle, and high schools for the past 4 fiscal years.
 1692         Section 67. Except as otherwise expressly provided in this
 1693  act, this act shall take effect upon becoming a law.