Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS/CS/HB 7009, 2nd Eng. Barcode 909518 LEGISLATIVE ACTION Senate . House . . . Floor: 4/AD/3R . Floor: C 05/01/2013 12:36 PM . 05/02/2013 11:27 AM ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Montford moved the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 1074 and 1075 4 insert: 5 Section 5. Subsection (9) is added to section 1002.31, 6 Florida Statutes, to read: 7 1002.31 Public school parental choice.— 8 (9) For a school or program that is a public school of 9 choice under this section, the calculation for compliance with 10 maximum class size pursuant to s. 1003.03 is the average number 11 of students at the school level. 12 Section 6. Section 1002.451, Florida Statutes, is created 13 to read: 14 1002.451 District innovation school of technology program.— 15 (1) DISTRICT INNOVATION SCHOOL OF TECHNOLOGY.— 16 (a) A district school board may operate an innovation 17 school of technology for the purpose of developing the 18 innovative use of industry-leading technology while requiring 19 high student academic achievement and accountability in exchange 20 for flexibility and exemption from specified statutes and rules. 21 The innovation school of technology shall operate within 22 existing resources. 23 (b) An innovation school of technology is a school that 24 has, on a schoolwide basis, adopted and implemented a blended 25 learning program. A blended learning program is an education 26 program in which a student learns in part through online 27 delivery of content and instruction with some element of student 28 control over time, place, path, or pace and in part at a 29 supervised brick-and-mortar location away from home. Blended 30 learning models must include major components such as 31 differentiated instruction, data-driven placement, flexible 32 scheduling, differentiated teaching, and self-paced learning. 33 The school may use one of the following blended learning models: 34 1. Flipped classroom model in which students use online 35 instructional videos and practice concepts in the classroom with 36 the support of the teacher; 37 2. Flex model in which students learn primarily online and 38 teachers act as facilitators; or 39 3. Rotation model in which students move between different 40 learning modalities, such as online instruction, teacher 41 directed instruction, seminar or group projects, and one-on-one 42 teacher coaching. Rotation models include individual, station, 43 and laboratory models. 44 (c) An innovation school of technology must be open to any 45 student covered in an interdistrict agreement or residing in the 46 school district in which the innovation school of technology is 47 located. An innovation school of technology shall enroll an 48 eligible student who submits a timely application if the number 49 of applications does not exceed the capacity of a program, 50 class, grade level, or building. If the number of applications 51 exceeds capacity, all applicants shall have an equal chance of 52 being admitted through a public random selection process. 53 However, a district may give enrollment preference to students 54 who identify the innovation school of technology as the 55 student’s preferred choice pursuant to the district’s controlled 56 open enrollment plan. 57 (2) GUIDING PRINCIPLES.—An innovation school of technology 58 shall be guided by the following principles: 59 (a) Meet high standards of student achievement in exchange 60 for flexibility with respect to statutes or rules. 61 (b) Implement innovative learning methods and assessment 62 tools to implement a schoolwide transformation regarding 63 industry-leading technology to improve student learning and 64 academic achievement. 65 (c) Promote enhanced academic success and financial 66 efficiency by aligning responsibility with accountability and 67 industry-leading technology. 68 (d) Measure student performance based on student learning 69 growth, or based on student achievement if student learning 70 growth cannot be measured. 71 (e) Provide a parent with sufficient information as to 72 whether his or her child is reading at grade level and making 73 learning gains each year. 74 (f) Incorporate industry certifications and similar 75 recognitions into performance expectations. 76 (g) Focus on utilizing industry-leading hardware and 77 software technology for student individual use and to develop 78 the school’s infrastructure in furtherance of this section. 79 (3) TERM OF PERFORMANCE CONTRACT.—An innovation school of 80 technology may operate pursuant to a performance contract with 81 the State Board of Education for a period of 5 years. 82 (a) Before expiration of the performance contract, the 83 school’s performance shall be evaluated against the eligibility 84 criteria, purpose, guiding principles, and compliance with the 85 contract to determine whether the contract may be renewed. The 86 contract may be renewed every 5 years. 87 (b) The performance contract shall be terminated by the 88 State Board of Education if: 89 1. The school receives a grade of “F” as an innovation 90 school of technology for 2 consecutive years; 91 2. The school or district fails to comply with the criteria 92 in this section; 93 3. The school or district does not comply with terms of the 94 contract which specify that a violation results in termination; 95 or 96 4. Other good cause is shown. 97 (4) FUNDING.—A district school board operating an 98 innovation school of technology shall report full-time 99 equivalent students to the department in a manner prescribed by 100 the department, and funding shall be provided through the 101 Florida Education Finance Program as provided in ss. 1011.61 and 102 1011.62. An innovation school of technology may seek and receive 103 additional funding through incentive grants or public or private 104 partnerships. 105 (5) EXEMPTION FROM STATUTES.— 106 (a) An innovation school of technology is exempt from 107 chapters 1000-1013. However, an innovation school of technology 108 shall comply with the following provisions of those chapters: 109 1. Laws pertaining to the following: 110 a. Schools of technology, including this section. 111 b. Student assessment program and school grading system. 112 c. Services to students who have disabilities. 113 d. Civil rights, including s. 1000.05, relating to 114 discrimination. 115 e. Student health, safety, and welfare. 116 2. Laws governing the election and compensation of district 117 school board members and election or appointment and 118 compensation of district school superintendents. 119 3. Section 1003.03, governing maximum class size, except 120 that the calculation for compliance pursuant to s. 1003.03 is 121 the average at the school level. 122 4. Sections 1012.22(1)(c) and 1012.27(2), relating to 123 compensation and salary schedules. 124 5. Section 1012.33(5), relating to workforce reductions, 125 for annual contracts for instructional personnel. This 126 subparagraph does not apply to at-will employees. 127 6. Section 1012.335, relating to contracts with 128 instructional personnel hired on or after July 1, 2011, for 129 annual contracts for instructional personnel. This subparagraph 130 does not apply to at-will employees. 131 7. Section 1012.34, relating to requirements for 132 performance evaluations of instructional personnel and school 133 administrators. 134 (b) An innovation school of technology shall also comply 135 with chapter 119 and s. 286.011, relating to public meetings and 136 records, public inspection, and criminal and civil penalties. 137 (c) An innovation school of technology is exempt from ad 138 valorem taxes and the State Requirements for Educational 139 Facilities when leasing facilities. 140 (6) APPLICATION PROCESS AND PERFORMANCE CONTRACT.— 141 (a) A district school board may apply to the State Board of 142 Education for an innovation school of technology if the 143 district: 144 1. Has at least 20 percent of its total enrollment in 145 public school choice programs or at least 5 percent of its total 146 enrollment in charter schools; 147 2. Has no material weaknesses or instances of material 148 noncompliance noted in the annual financial audit conducted 149 pursuant to s. 218.39; and 150 3. Has received a district grade of “A” or “B” in each of 151 the past 3 years. 152 (b) A district school board may operate one innovation 153 school of technology upon an application being approved by the 154 State Board of Education. 155 1. A district school board may apply to the State Board of 156 Education to establish additional schools of technology if each 157 existing innovation school of technology in the district: 158 a. Meets all requirements in this section and in the 159 performance contract; 160 b. Has a grade of “A” or “B”; and 161 c. Has at least 50 percent of its students exceed the state 162 average on the statewide assessment program pursuant to s. 163 1008.22. This comparison may take student subgroups, as defined 164 in the federal Elementary and Secondary Education Act (ESEA), 20 165 U.S.C. s. 6311(b)(2)(C)(v)(II), into specific consideration so 166 that at least 50 percent of students in each student subgroup 167 meet or exceed the statewide average performance, rounded to the 168 nearest whole number, of that particular subgroup. 169 2. Notwithstanding subparagraph 1., the number of schools 170 of technology in a school district may not exceed: 171 a. Seven in a school district that has 100,000 or more 172 students. 173 b. Five in a school district that has 50,000 to 99,999 174 students. 175 c. Three in a school district that has fewer than 50,000 176 students. 177 (c) A school district that meets the eligibility 178 requirements of paragraph (a) may apply to the State Board of 179 Education at any time to enter into a performance contract to 180 operate an innovation school of technology. The application 181 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 (d) 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 (e) 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 subparagraph if authorized in the performance contract. 211 2. The school will integrate industry-leading technology 212 into instruction, assessment, and professional development. The 213 school may also restructure the school day or school year in a 214 way that allows 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 incorporate industry certifications and 220 similar recognitions into performance expectations. 221 5. The school and district will comply with this section 222 and the performance contract. 223 (f) Three or more contiguous school districts may apply to 224 enter into a joint performance contract as a Region of 225 Technology, subject to terms and conditions contained in this 226 section for a single school district. 227 (g) The State Board of Education shall monitor schools of 228 technology to ensure that the respective school district is in 229 compliance with this section and the performance contract. 230 (h) The State Board of Education shall adopt rules pursuant 231 to ss. 120.536(1) and 120.54 to implement this section, 232 including, but not limited to, an application, evaluation 233 instrument, and renewal evaluation instrument. 234 (i) This section does not supersede the provisions of s. 235 768.28. 236 (7) REPORTS.—The school district of an innovation school of 237 technology shall submit to the State Board of Education, the 238 President of the Senate, and the Speaker of the House of 239 Representatives an annual report by December 1 of each year 240 which delineates the performance of the innovation school of 241 technology as it relates to the academic performance of 242 students. The annual report shall be submitted in a format 243 prescribed by the Department of Education and must include, but 244 need not be limited to, the following: 245 (a) Evidence of compliance with this section. 246 (b) Efforts to close the achievement gap. 247 (c) Longitudinal performance of students, by grade level 248 and subgroup, in mathematics, reading, writing, science, and any 249 other subject that is included as a part of the statewide 250 assessment program in s. 1008.22. 251 (d) Longitudinal performance for students who take an 252 Advanced Placement Examination, organized by age, gender, and 253 race, and for students who participate in the National School 254 Lunch Program. 255 (e) Number and percentage of students who take an Advanced 256 Placement Examination. 257 (f) Identification and analysis of industry-leading 258 technology used to comply with this section, including, but not 259 limited to, recommendations and lessons learned from such use. 260 261 ================= T I T L E A M E N D M E N T ================ 262 And the title is amended as follows: 263 Delete line 62 264 and insert: 265 standard charter contract; amending s. 1002.31, F.S.; 266 providing a calculation for compliance with class size 267 maximums for a public school of choice; creating s. 268 1002.451, F.S.; creating schools of technology to 269 allow school districts to be innovative with industry 270 leading technology and earn flexibility for high 271 academic achievement; describing permissible learning 272 models; specifying student eligibility requirements; 273 providing guiding principles for schools of 274 innovation; providing guiding principles for schools 275 of technology; specifying requirements of a 276 performance contract between the State Board of 277 Education and an innovation school of technology; 278 establishing the term of the performance contract; 279 providing for funding; exempting schools of technology 280 from ch. 1000-1013, F.S., subject to certain 281 exceptions; exempting such schools from certain ad 282 valorem taxes and other requirements; specifying 283 school district eligibility; establishing an 284 application process; limiting the number of schools of 285 technology that may be operated and established in a 286 school district; providing for a Region of Technology 287 in which three or more school districts enter into a 288 joint performance contract; requiring the State Board 289 of Education to monitor schools of technology for 290 compliance with the act and performance contracts; 291 requiring the State Board of Education to adopt rules; 292 requiring a school district with an innovation school 293 of technology to submit an annual report to the State 294 Board of Education and the Legislature; specifying 295 requirements for such report; providing an effective