Florida Senate - 2013 CS for SB 1390 By the Committee on Education; and Senator Montford 581-03373-13 20131390c1 1 A bill to be entitled 2 An act relating to school district innovation; 3 providing a short title; amending s. 196.1983, F.S.; 4 granting school districts the ad valorem tax exemption 5 given to charter schools; requiring a landlord to 6 certify compliance by affidavit; amending s. 1002.31, 7 F.S.; providing a calculation for compliance with 8 class size maximums for a public school of choice; 9 creating s. 1003.622, F.S.; creating innovation 10 schools to allow school districts to earn flexibility 11 for high academic achievement; specifying school and 12 student eligibility requirements; limiting the number 13 of innovation schools that may be operated and 14 established in a school district; providing guiding 15 principles for innovation schools; requiring 16 innovation schools to personalize education for each 17 student; establishing an application process; 18 specifying requirements of a performance contract 19 between the State Board of Education and a school 20 district; establishing the term of the performance 21 contract; providing for a Region of Innovation in 22 which three or more school districts enter into a 23 joint performance contract; requiring the State Board 24 of Education to monitor innovation schools for 25 compliance with the act and performance contracts; 26 requiring the State Board of Education to adopt rules; 27 providing that a participating school district has 28 autonomy in certain areas; exempting innovation 29 schools from ch. 1000-1013, F.S., subject to certain 30 exceptions; exempting such districts from certain ad 31 valorem taxes and other requirements; providing for 32 funding; requiring a school district with an 33 innovation school to submit an annual report to the 34 State Board of Education and the Legislature; 35 specifying requirements for such report; providing an 36 effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. SHORT TITLE.—This act may be cited as the 41 “Florida Innovation Schools Act.” 42 Section 2. Section 196.1983, Florida Statutes, is amended 43 to read: 44 196.1983 Charter school and school district exemption from 45 ad valorem taxes.—Any facility, or portion thereof, used to 46 house a school district or a charter school whose charter has 47 been approved by the sponsor and the governing board pursuant to 48 s. 1002.33(7) is
shall beexempt from ad valorem taxes. For 49 leasehold properties, the landlord must certify by affidavit to 50 the district or the charter school sponsor that the lease 51 payments shall be reduced to the extent of the exemption 52 received. The owner of the property shall disclose to a charter53 schoolthe full amount of the benefit derived from the exemption 54 and the method for ensuring that the district or charter school 55 receives such benefit. The charter school shall receive the full 56 benefit derived from the exemption through either an annual or 57 monthly credit to the district’s or charter school’s lease 58 payments. 59 Section 3. Subsection (9) is added to section 1002.31, 60 Florida Statutes, to read: 61 1002.31 Public school parental choice.— 62 (9) For a school or program that is a public school of 63 choice under this section, the calculation for compliance with 64 maximum class size pursuant to s. 1003.03 is the average number 65 of students at the school level. 66 Section 4. Section 1003.622, Florida Statutes, is created 67 to read: 68 1003.622 District innovation schools.— 69 (1) PURPOSE AND ELIGIBILITY.— 70 (a) The purpose of an innovation school is to utilize 71 innovation and enhance high academic achievement and 72 accountability in exchange for flexibility and exemptions from 73 specific statutes. 74 (b) An innovation school is a school that: 75 1. Operates as a public school of parental choice pursuant 76 to s. 1002.31; 77 2. Focuses on teaching and learning infused with current 78 technology; 79 3. Prepares students for a career or postsecondary 80 education; 81 4. Utilizes innovation and enhances high student academic 82 achievement and accountability; 83 5. Enhances academic success and financial efficiency by 84 aligning responsibility with accountability; 85 6. Provides a parent with sufficient information for each 86 year spent in the innovation school regarding the educational 87 progress of his or her child, the child’s reading grade level, 88 and the child’s performance toward achieving common core 89 standards appropriate for the student’s grade level; 90 7. Has a theme or academic focus that is based on 91 innovation and is unique in the district; and 92 8. Offers specialized programs and creates innovative 93 learning approaches in a diverse environment. 94 (c) A district school board may apply to the State Board of 95 Education for an innovation school if the district: 96 1. Has at least 20 percent of its total enrollment in 97 public choice programs or at least 5 percent of its total 98 enrollment in charter schools; 99 2. Has no material weaknesses or instances of material 100 noncompliance noted in the annual financial audit conducted 101 pursuant to s. 218.39; and 102 3. Has not received a district grade below B in the past 3 103 years. 104 (d) A district school board may operate one innovation 105 school upon an application being approved by the State Board of 106 Education. 107 1. A district school board may apply to the State Board of 108 Education to establish additional innovation schools if each 109 existing innovation school in the district: 110 a. Meets all requirements in this section and in the 111 performance contract; 112 b. Has a grade of “A” or “B”; and 113 c. Has at least 50 percent of its students exceed the state 114 average on the statewide assessment program pursuant to s. 115 1008.22. This comparison may take student subgroups, as defined 116 in the federal Elementary and Secondary Education Act (ESEA), 20 117 U.S.C. s. 6311(b)(2)(C)(v)(II), into specific consideration so 118 that at least 50 percent of students in each student subgroup 119 meet or exceed the statewide average performance, rounded to the 120 nearest whole number, of that particular subgroup. 121 2. Notwithstanding subparagraph 1., the number of 122 innovation schools in a school district may not exceed: 123 a. Seven in a school district that has 100,000 or more 124 students. 125 b. Five in a school district that has 50,000 to 99,999 126 students. 127 c. Three in a school district that has fewer than 50,000 128 students. 129 (e) An innovation school must be open to any student 130 covered in an interdistrict agreement or residing in the school 131 district in which the innovation school is located. An 132 innovation school shall enroll an eligible student who submits a 133 timely application if the number of applications does not exceed 134 the capacity of a program, class, grade level, or building. If 135 the number of applications exceeds capacity, all applicants 136 shall have an equal chance of being admitted through a public 137 random selection process. However, a district may give 138 enrollment preference to students who identify the innovation 139 school as the student’s preferred choice pursuant to the 140 district’s controlled open enrollment plan. 141 (2) GUIDING PRINCIPLES.— 142 (a) An innovation school shall be guided by the following 143 principles: 144 1. Student learning is aligned with the Next Generation 145 Sunshine State Standards. 146 2. Students advance by demonstrating skills, abilities, and 147 knowledge necessary to ensure a successful career. 148 3. Teachers, advisors, students, and parents manage a 149 personalized learning plan that accounts for each student’s 150 preferred pace and learning style. 151 4. Each student learns in the way he or she learns best, 152 such as independently, one-on-one with a coach, collaboratively 153 in small groups, online, through internships or early college 154 courses, or in other real-world contexts. 155 5. Instructional personnel take on roles as learning 156 coaches, advisors, and content and assessment experts. 157 (b) An innovation school shall: 158 1. Meet high standards of student achievement. 159 2. Implement innovative learning methods, including blended 160 learning, and assessment tools to implement a schoolwide 161 transformation to improve student learning and academic 162 achievement. 163 3. Measure student performance based on student learning 164 growth, or based on student achievement if student learning 165 growth cannot be measured. 166 4. Incorporate industry certifications and similar 167 recognitions into performance expectations. 168 5. Tailor the program to students at the school, 169 personalize education for each student, and empower students to 170 plan and manage their own studies in a variety of ways. 171 (c) Classroom teachers, as defined in s. 1012.01(2)(a), 172 shall be evaluated based on performance pursuant to s. 1012.34. 173 However, an innovation school may use an equally appropriate 174 formula pursuant to s. 1012.34(7)(b) to make such evaluation. 175 (d) An innovation school may operate as a virtual school. 176 (3) APPLICATION PROCESS AND PERFORMANCE CONTRACT.—A school 177 district that meets the eligibility requirements of subsection 178 (1) may apply to the State Board of Education at any time to 179 enter into a performance contract to operate an innovation 180 school. 181 (a) The application must, at a minimum: 182 1. Demonstrate how the school district meets and will 183 continue to meet the requirements of this section; 184 2. Identify how the school will accomplish the purposes and 185 guiding principles of this section; 186 3. Identify the statutes or rules from which the district 187 is seeking a waiver for the school; 188 4. Identify and provide supporting documentation for the 189 purpose and impact of each waiver, how each waiver would enable 190 the school to achieve the purpose and guiding principles of this 191 section, and how the school would not be able to achieve the 192 purpose and guiding principles of this section without each 193 waiver; and 194 5. Confirm that the school board remains responsible for 195 the operation, control, and supervision of the school in 196 accordance with all applicable laws, rules, and district 197 procedures not waived pursuant to this section or waived 198 pursuant to other applicable law. 199 (b) The State Board of Education shall approve or deny the 200 application within 90 days or, with the agreement of the school 201 district, at a later date. 202 (c) The performance contract must address the terms under 203 which the State Board of Education may cancel the contract and, 204 at a minimum, the methods by which: 205 1. Upon execution of the performance contract, the school 206 district will plan the program during the first year, begin at 207 least partial implementation of the program during the second 208 year, and fully implement the program by the third year. A 209 district may implement the program sooner than specified in this 210 paragraph if authorized in the performance contract. 211 2. The school will integrate technology into instruction, 212 assessment, and professional development. The school may also 213 restructure the school day or school year in a way that allows 214 it to best accomplish its goals. 215 3. The school and district will monitor performance 216 progress based on skills that help students succeed in college 217 and careers, including problem solving, research, 218 interpretation, and communication. 219 4. The school will allow students to advance based on 220 student competency and understanding of the content. 221 5. The learning environment will allow for innovation. 222 6. The resources will enable personalization and increase 223 student achievement and college and career readiness. 224 7. The school will incorporate industry certifications and 225 similar recognitions into performance expectations. 226 (d) Three or more contiguous school districts may apply to 227 enter into a joint performance contract as a Region of 228 Innovation, subject to terms and conditions contained in this 229 section for a single school district. 230 (e) The State Board of Education shall monitor innovation 231 schools to ensure that the respective school district is in 232 compliance with this section and the performance contract. 233 (f) The State Board of Education shall adopt rules pursuant 234 to ss. 120.536(1) and 120.54 to implement this section, 235 including, but not limited to, an application, evaluation 236 instrument, and renewal evaluation instrument. 237 (g) This section does not supersede the provisions of s. 238 768.28. 239 (4) TERM OF PERFORMANCE CONTRACT.—An innovation school may 240 operate pursuant to a performance contract with the State Board 241 of Education for a period of 5 years. 242 (a) Before expiration of the performance contract, the 243 school’s performance shall be evaluated against the eligibility 244 criteria, purpose, guiding principles, and compliance with the 245 contract to determine whether the contract may be renewed. The 246 contract may be renewed every 5 years. 247 (b) The performance contract shall be terminated by the 248 State Board of Education if: 249 1. The school receives a school grade as an innovation 250 school of “F” for 2 consecutive years; 251 2. The school or district fails to comply with the criteria 252 in this section; 253 3. The school or district does not comply with terms of the 254 contract which specify that a violation results in termination; 255 or 256 4. Other good cause is shown. 257 (5) EXEMPTION FROM STATUTES.— 258 (a) An innovation school is generally exempt from chapters 259 1000-1013, and shall have autonomy in the budget, staffing, 260 governance, curriculum, assessment, and school calendar. 261 However, an innovation school shall comply with the following 262 provisions of those chapters: 263 1. Laws pertaining to the following: 264 a. Innovation schools, including this section. 265 b. Student assessment program and school grading system. 266 c. Services to students who have disabilities. 267 d. Civil rights, including s. 1000.05, relating to 268 discrimination. 269 e. Student health, safety, and welfare. 270 2. Laws governing the election and compensation of district 271 school board members and election or appointment and 272 compensation of district school superintendents. 273 3. Section 1003.03, governing maximum class size, except 274 that the calculation for compliance pursuant to s. 1003.03 is 275 the average at the school level. 276 4. Sections 1012.22(1)(c) and 1012.27(2), relating to 277 compensation and salary schedules. 278 5. Section 1012.33(5), relating to workforce reductions. 279 6. Section 1012.335, relating to contracts with 280 instructional personnel hired on or after July 1, 2011. 281 (b) An innovation school shall also comply with chapter 119 282 and section 286.011, relating to public meetings and records, 283 public inspection, and criminal and civil penalties. 284 (c) An innovation school is exempt from ad valorem taxes 285 and the State Requirements for Educational Facilities when 286 leasing facilities. 287 (6) FUNDING.—A district school board operating an 288 innovation school shall report full-time equivalent students to 289 the department in a manner prescribed by the department. As with 290 other schools in the district, funding shall be provided through 291 the Florida Education Finance Program described in ss. 1011.61 292 and 1011.62. An innovation school may seek and receive 293 additional funding through incentive grants or public or private 294 partnerships. 295 (7) REPORTS.—The school district of an innovation school 296 shall submit to the State Board of Education, the President of 297 the Senate, and the Speaker of the House of Representatives an 298 annual report by December 1 of each year which delineates the 299 performance of the innovation school as it relates to the 300 academic performance of students. The annual report shall be 301 submitted in a format prescribed by the Department of Education 302 and must include, but need not be limited to, the following: 303 (a) Evidence of compliance with this section. 304 (b) Efforts to close the achievement gap. 305 (c) Longitudinal performance of students, by grade level 306 and subgroup, in mathematics, reading, writing, science, and any 307 other subject that is included as a part of the statewide 308 assessment program in s. 1008.22. 309 (d) Longitudinal performance for students who take an 310 Advanced Placement Examination, organized by age, gender, and 311 race, and for students who participate in the National School 312 Lunch Program. 313 (e) Number and percentage of students who take an Advanced 314 Placement Examination. 315 Section 5. This act shall take effect July 1, 2013.